### the development of civil protection assistance intervention modules , consisting of resources of one or more member states which aim to be fully interoperable , is pursued at union level in order to contribute to the development of a civil protection rapid response capability . modules should be organised at the level of the member states and subject to their direction and command . ### the development of civil protection assistance intervention modules on a voluntary basis , consisting of resources of one or more member states which aim to be fully interoperable , is pursued at union level in order to contribute to the development of a civil protection rapid response capability . modules should be organised at the level of the member states and subject to their direction and command .


### the availability of adequate means of transport needs to be improved to support the development of a rapid response capability at the union level . the union should support and supplement the efforts of member states by facilitating the pooling of transport resources of member states and contributing , where necessary , to the financing of additional means of transport subject to certain criteria . ### the availability and speed of adequate means of transport need to be improved to support the development of a rapid response capability at the union level . the union should support and supplement the efforts of member states by facilitating the pooling of transport resources of member states and contributing , where necessary , to the financing of additional means of transport subject to certain criteria .


### the availability of adequate means of transport needs to be improved to support the development of a rapid response capability at the union level the union should support and supplement the efforts of member states by facilitating the pooling of transport resources of member states and contributing , where necessary , to the financing of additional means of transport subject to certain criteria . ### the accessibility of transport in all eu regions and the availability of adequate means of transport needs to be improved to support the development of a rapid response capability at the union level the union should support and supplement the efforts of member states by facilitating the pooling of transport resources of member states and contributing , where necessary , to the financing of additional means of transport subject to certain criteria


### the availability of adequate means of transport needs to be improved to support the development of a rapid response capability at the union level the union should support and supplement the efforts of member states by facilitating the pooling of transport resources of member states and contributing , where necessary , to the financing of additional means of transport subject to certain criteria . ### the availability of adequate means of transport needs to be improved to support the development of a rapid response capability at union level . the union should support and supplement the efforts of member states by facilitating the pooling of transport resources of member states .


### assistance interventions should be subject to full coordination in situ so as to maximise the effectiveness and ensure access to suffering populations . the commission should provide appropriate logistical support for the dispatched expert teams . ### assistance interventions should be subject to full coordination in situ so as to maximise the effectiveness and ensure access to suffering populations . the commission should provide appropriate logistical support for the dispatched expert teams and for the logistical deployment of volunteer teams in response to emergency situations in isolated or inaccessible locations .


### the mechanism shall not affect member states ' responsibility to protect people , the environment and property on their territory against disasters and endowing their emergency management systems with sufficient capabilities to enable them to cope adequately with disasters of a magnitude and nature that can reasonably be expected and prepared for . ### the mechanism shall not affect member states’ primary responsibility to protect people , the environment and property on their territory against disasters and endowing their emergency management systems with sufficient capabilities to enable them to cope adequately with disasters of a magnitude and nature that can reasonably be expected and prepared for .


### ' major disaster ' means any situation , which has or may have an adverse impact on people , the environment or property and which may result in a call for assistance under the mechanism ; ### ‘ major disaster’ means an elementary event which , owing to its unusual magnitude , has already endangered life and property or will do so in the immediate future , which the resources of the member state affected are insufficient to deal with and which may result in a call for assistance under the mechanism .


### take action to improve the knowledge base on disaster risks and facilitate the sharing of knowledge , best practices and information ; ### take action to improve the knowledge base on disaster risks and facilitate cooperation and the sharing of knowledge , best practices and information ;


### raise awareness about the importance of risk prevention and support member states in public information , education and awareness - raising ; ### raise awareness about the importance of risk prevention and support member states in public information , education and sensitivity and awareness - raising .


### contribute to the development of detection and early warning and alert systems for disasters in order to enable a rapid response , and to promote their inter - linkage and their linkage to the erc and the cecis . those systems shall take into account and build upon existing and future information , monitoring and detection sources and systems ; ### contribute to the development of detection and early warning and alert systems for disasters and alert code standardisation in order to enable a rapid response , and to promote their inter - linkage and their linkage to the erc and the cecis . those systems shall take into account and build upon existing and future information , monitoring and detection sources and systems


### assessing the needs in a state requesting assistance , ### assessing the needs in a state or region requesting assistance ,


### facilitating , when necessary , the coordination of emergency assistance operations on site and liaising , when necessary and appropriate , with the competent authorities of the state requesting assistance , ### facilitating , when necessary , the coordination of emergency assistance operations on site and liaising , when necessary and appropriate , with the competent national or regional authorities of the state requesting assistance ,


### establish and maintain a capability to provide logistical support and assistance for expert teams , modules and other response capacities deployed under the mechanism , as well as other actors on the ground ; ### establish and maintain a capability to provide logistical support and assistance for expert teams , modules and other response capacities deployed under the mechanism , as well as other actors on the ground and volunteer groups in isolated or inaccessible areas ;


### setting up a training programme and training network for civil protection and other emergency management personnel on disaster prevention , preparedness , and response , with a view to enhance the coordination , compatibility and complementarity between the modules and other capacities referred to in articles 8 , 9 and 11 , and by improving the competence of the experts referred to in point of article 7 . the programme shall include joint courses , exercises and exchange of experts system , whereby individuals may be seconded to other member states ; ### setting up a training programme and training network for local and regional civil protection and other emergency management personnel on disaster prevention , preparedness , and response , with a view to enhance the coordination , compatibility and complementarity between the modules and other capacities referred to in articles 8 , 9 and 11 , and by improving the competence of the experts referred to in point of article 7 . the programme shall include joint courses , exercises and exchange of experts system , whereby individuals may be seconded to other member states ;


### eur 276 000 000 at current prices shall derive from heading 3 ' security and citizenship ' of the financial framework and eur 237 000 000 at current prices from heading 4 ' global europe . ' ### eur 200 000 000 at current prices shall derive from heading 3 ' security and citizenship ' of the financial framework and eur 200 000 000 at current prices from heading 4 ' global europe . '


### actions receiving financial assistance under this decision shall not receive assistance from other union financial instruments . ### actions receiving financial assistance under this decision shall not receive assistance from other union financial instruments , except in the case of disaster relief actions in the outermost regions and those with geographical or demographic constraints , such as island , mountain or scarcely populated regions .


### the content of the stability and convergence programmes as well as the criteria for their examination should further be adapted in the light of the experience gained with the implementation of the stability and growth pact . ### the content of the stability and convergence programmes as well as the procedure for their examination should further be developed both at national and at the union level in the light of the experience gained with the implementation of the stability and growth pact .


### adherence to the medium - term budgetary objective of budgetary positions should allow member states to have a safety margin with respect to the 3% of gdp reference value in order to ensure rapid progress towards sustainability and to have room for budgetary manoeuvre , in particular taking into account the needs of public investment . ### adherence to the medium - term budgetary objective of budgetary positions should allow member states to have a safety margin with respect to the 3% of gdp reference value in order to ensure sustainable public finances or a rapid progress towards sustainability , while leaving room for budgetary manoeuvre , in particular taking into account the needs of public investment .


### a temporary departure from prudent fiscal policy - making should be allowed in case of severe economic downturn of a general nature in order to facilitate economic recovery . ### a temporary departure from prudent fiscal policy - making should exceptionally be allowed in case of severe economic downturn of a general nature in order to facilitate economic recovery .


### in the event of a significant deviation from prudent fiscal - policy a warning should be addressed to the member state concerned and in case the significant deviation persists or is particularly serious , a recommendation should be addressed to the member state concerned to take the necessary corrective measures . ### in the event of a significant deviation from prudent fiscal - policy a warning should be addressed to the member state concerned and in case the significant deviation persists or is particularly serious , a recommendation should be addressed to the member state concerned to take the necessary corrective measures . the european parliament may invite the member state concerned to explain its policies in this respect before its competent committee .


### in order to ensure compliance with the fiscal surveillance framework of the union for participating member states , a specific enforcement mechanism should be established on the basis of article 136 of the treaty for cases where a persistent and significant deviation from prudent fiscal policy making prevails . ### in order to ensure compliance with the fiscal surveillance framework of the union for participating member states , a specific enforcement mechanism should be established on the basis of article 136 tfeu for cases where a persistent and significant deviation from prudent fiscal policy making , lack of action or an unwillingness to cooperate prevail .


### the information about the paths for the general government balance and debt ratio , the growth of government expenditure , the planned growth path of government revenue at unchanged policy , the planned discretionary revenue measures and the main economic assumptions referred to in paragraph 2 and shall be on an annual basis and shall cover , the preceding year , the current year and at least the following three years . ### the information about the paths for the general government balance and debt ratio , the growth of government expenditure , the planned growth path of government revenue at unchanged policy , the planned discretionary revenue measures , the paths for growth and indicators of the competitiveness of the economy and the main economic assumptions referred to in paragraph 2 and shall be on an annual basis and shall cover , the preceding year , the current year and at least the following three years .


### the information about the paths for the general government balance and debt ratio , the growth of government expenditure , the planned growth path of government revenue at unchanged policy , the planned discretionary revenue measures and the main economic assumptions referred to in paragraph 2 and shall be on an annual basis and shall cover the preceding year , the current year and at least the following three years . ### the information about the paths for the general government balance and debt ratio , the growth of government expenditure , the planned growth path of government revenue at unchanged policy , the planned discretionary revenue measures , the path for growth and indicators of competitiveness of the economy and the main economic assumptions referred to in paragraph 2 and shall be on an annual basis and shall cover the preceding year , the current year and at least the following three years .


### based on assessments by the commission and the economic and financial committee , the council shall , within the framework of multilateral surveillance under article 121 of the treaty , examine the medium - term budgetary objectives presented by the member states concerned , assess whether the economic assumptions on which the programme is based are plausible , whether the adjustment path towards the medium - term budgetary objective is appropriate and whether the measures being taken or proposed to respect that adjustment path are sufficient to achieve the medium - term budgetary objective over the cycle . ### based on assessments by the commission and the economic and financial committee , the council shall , within the framework of multilateral surveillance under article 121 tfeu , examine the medium - term budgetary objectives and the expected path of the general debt ratio as presented by the member states concerned in their stability programmes , assess whether the economic assumptions on which the programme is based are plausible , whether the adjustment path towards the medium - term budgetary objective is appropriate and whether the measures being taken or proposed to respect that adjustment path are sufficient to achieve the medium - term budgetary objective over the cycle .


### based on assessments by the commission and the economic and financial committee , the council shall , within the framework of multilateral surveillance under article 121 of the treaty , examine the medium - term budgetary objectives presented by the member states concerned , assess whether the economic assumptions on which the programme is based are plausible , whether the adjustment path towards the medium - term budgetary objective is appropriate and whether the measures being taken and / or proposed to respect that adjustment path are sufficient to achieve the medium - term budgetary objective over the cycle and to achieve sustained convergence . ### based on assessments by the commission and the economic and financial committee , the council shall , within the framework of multilateral surveillance under article 121 tfeu , examine the medium - term budgetary objectives and the expected path of the general debt ratio as presented by the member states concerned in their convergence programmes , assess whether the economic assumptions on which the programme is based are plausible , whether the adjustment path towards the medium - term budgetary objective is appropriate and whether the measures being taken and / or proposed to respect that adjustment path are sufficient to achieve the medium - term budgetary objective over the cycle and to achieve sustained convergence .


### special attention shall be paid to pension reforms introducing a multi - pillar system that includes a mandatory , fully funded pillar . member states implementing such reforms shall be allowed to deviate from the adjustment path to their medium - term budgetary objective or from the objective itself , with the deviation reflecting the net cost of the reform to the publicly managed pillar , under the condition that the deviation remains temporary and that an appropriate safety margin with respect to the deficit reference value is preserved . ### within these reforms , special attention shall be paid to that of pensions , when introducing a multi - pillar system that includes a mandatory , fully funded pillar . member states implementing such reforms shall be allowed to deviate from the adjustment path to their medium - term budgetary objective or from the objective itself , with the deviation reflecting the net cost of the reform to the publicly managed pillar , under the condition that the deviation remains temporary and that an appropriate safety margin with respect to the deficit reference value is preserved .


### in periods of severe economic downturn of a general nature member states may be allowed to temporarily depart from the adjustment path implied by prudent fiscal - policy making referred to in the fourth subparagraph . ### in periods of recession member states may be allowed to temporarily depart from the adjustment path implied by prudent fiscal policy making referred to in the fourth subparagraph . in order to facilitate economic recovery .


### in periods of severe economic downturn of a general nature member states may be allowed to temporarily depart from the adjustment path implied by prudent fiscal - policy making referred to in the fourth subparagraph . ### only in periods of severe economic downturn of a general nature member states may be allowed to temporarily depart from the adjustment path implied by prudent fiscal - policy making referred to in the fourth subparagraph .


### in periods of severe economic downturn of a general nature member states may be allowed to temporarily depart from the adjustment path implied by prudent fiscal - policy making referred to in the fourth subparagraph . ### in periods of recession member states may be allowed to temporarily depart from the adjustment path implied by prudent fiscal policy making referred to in the fourth subparagraph .


### the absence of clear rules at union level governing the award of concession contracts gives rise to legal uncertainty and to obstacles to the free provision of services and causes distortions in the functioning of the internal market . as a result , economic operators , in particular small and medium enterprises , are being deprived of their rights within the internal market and miss out on important business opportunities , while public authorities may not find the best use of public money so that eu citizens benefit from quality services at best prices . an adequate legal framework for the award of concessions would ensure effective and non - discriminatory access to the market to all union economic operators and legal certainty , favouring public investments in infrastructures and strategic services to the citizen . ### the absence of clear rules at union level governing the award of concession contracts gives rise to legal uncertainty and to obstacles to the free provision of services and causes distortions in the functioning of the internal market . as a result , economic operators , in particular small and medium enterprises , are being deprived of their rights within the internal market and miss out on important business opportunities , while public authorities may not find the best use of public money so that eu citizens benefit from quality services at best prices . an adequate , balanced and flexible legal framework for the award of concessions would ensure effective and non - discriminatory access to the market to all union economic operators and legal certainty , favouring public investments in infrastructures and strategic services to the citizen .


### in technical specifications and in award criteria , contracting authorities and contracting entities should be allowed to refer to a specific production process , a specific mode of provision of services , or a specific process for any other stage of the life cycle of a product or service , provided that they are linked to the subject - matter of the concession . in order to better integrate social considerations in the award of concessions , procurers may also be allowed to include , in the award criteria , characteristics related to the working conditions . however , where the contracting authorities or contracting entities use the most economically advantageous tender , such criteria may only relate to the working conditions of the persons directly participating in the process of production or provision in question . those characteristics may only concern the protection of health of the staff involved in the production process or the favouring of social integration of disadvantaged persons or members of vulnerable groups amongst the persons assigned to performing the contract , including accessibility for persons with disabilities . in this case , any award criteria which include those characteristics should in any event remain limited to characteristics that have immediate consequences on staff members in their working environment . they should be applied in accordance with directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services10 and in a way that does not discriminate directly or indirectly against economic operators from other member states or from third countries parties to the agreement or to free trade agreements to which the union is party . contracting authorities and contracting entities should , also where they use the criterion of the most economically advantageous tender , be allowed to use as an award criterion the organisation , qualification and experience of the staff assigned to performing the concession in question , as this may affect the quality of concession performance and , as a result , the economic value of the tender . ### in technical specifications and in award criteria , contracting authorities and contracting entities should be allowed to refer to a specific production process , or a specific mode of provision of services , provided that they are linked to the subject - matter of the concession . in order to better integrate social considerations in the award of concessions , procurers should be allowed to include , in the award criteria , characteristics related to the working condition . however , where the contracting authorities or contracting entities use the most economically advantageous tender , such criteria may only relate to the working conditions of the persons directly participating in the process of production or provision in question . those characteristics may only concern the protection of health of the staff involved in the production process or the favouring of social integration of disadvantaged persons or members of vulnerable groups amongst the persons assigned to performing the contract , including accessibility for persons with disabilities . in this case , any award criteria which include those characteristics should remain limited to characteristics that have immediate consequences on staff members in their working environment . they should be applied in accordance with directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services10 and in a way that does not discriminate directly or indirectly against economic operators from other member states or from third countries parties to the agreement or to free trade agreements to which the union is party . contracting authorities and contracting entities should , also where they use the criterion of the most economically advantageous tender , be allowed to use as an award criterion the organisation , qualification and experience of the staff assigned to performing the concession in question , as this may affect the quality of concession performance and , as a result , the economic value of the tender .


### contracting authorities whether or not the works or services including the related supplies , are intended for a public purpose ; ### contracting authorities , pursuant to article&#160 ; 3 of this directive , whether or not the works or services including the related supplies , are intended for a public purpose ;


### contracting entities provided that the works or services including the related supplies , are intended for the pursuit of one of the activities referred to in annex iii . ### contracting entities , pusuant to article 3 of this directive , provided that the works or services including the related supplies , are intended for the pursuit of one of the activities referred to in annex iii .


### ' candidate’ means an economic operator that has sought an invitation or has been invited to take part in a concession award procedure ; ### ‘ candidate’ means an economic operator that has sought an invitation to take part in a concession award procedure or has been invited to do so .


### the right to exploit the works or services as referred to in points 2 , 4 and 7 of the first paragraph shall impliy the transfer to the concessionaire of the substantial operating risk . the concessionaire shall be deemed to assume the substantial operating risk where it is not guaranteed to recoup the investments made or the costs incurred in operating the works or the services which are the subject - matter of the concession . ### the award of a concession shall imply the transfer to the concessionaire of the substantial operating risk . the concessionaire shall be deemed to assume the substantial operating risk where it is not guaranteed to recoup the investments made or the costs incurred in operating the works or the services which are the subject - matter of the concession .


### the right to exploit the works or services as referred to in points 2 , 4 and 7 of the first paragraph shall imply the transfer to the concessionaire of the substantial operating risk . the concessionaire shall be deemed to assume the substantial operating risk where it is not guaranteed to recoup the investments made or the costs incurred in operating the works or the services which are the subject - matter of the concession . ### the right to exploit the works or services as referred to in points 2 , 4 and 7 of the first paragraph shall imply the transfer to the concessionaire of the substantial operating risk . the concessionaire shall be deemed to assume the substantial operating risk where it is not guaranteed to recoup the investments made or the costs incurred in operating the works or the services which are the subject - matter of the concession , except when this lack of return is directly attributable to the contracting authority .


### that economic risk may consist in either of the following : ### that economic risk may , in particular , consist in either of the following :


### this directive shall apply to the following concessions the value of which is equal to or greater than eur 5 000 000 : ### this directive shall apply to the following concessions defined in article&#160 ; 2 if their value is equal to or greater than eur&#160 ; 2&#160 ; 500&#160 ; 000 in the case of service concessions and eur&#160 ; 5&#160 ; 000&#160 ; 000 in the case of public bank concessions and other bank concessions :


### the calculation of the estimated value of a concession shall be based on the total amount payable , net of vat , as estimated by the contracting authority or the contracting entity , including any form of option and any extension of the duration of the concession . ### the value of concessions shall include both the estimated revenue to be received from third parties and the amounts to be paid by the contracting authority or the contracting entity .


### the choice of the method used to calculate the estimated value of a concession shall not be made with the intention of excluding it from the scope of this directive . a works project or an entirety of services shall not be subdivided with the effect of preventing it from falling within the scope of this directive , unless justified by objective reasons . ### the estimated value of a concession shall be calculated as the value of an entirety of works or services , even if purchased through different contracts , where the contracts are part of one single project . indications for the existence of one single project consist in overall prior planning and conception by the contracting authority or contracting entity , the fact that the different elements purchased fulfil a single economic and technical function or that they are otherwise logically interlinked . where the contracting authority or the contracting entity provides for prizes or payments to candidates or tenderers it shall take them into account when calculating the estimated value of the concession .


### this estimate shall be valid at the moment at which the concession notice is sent , or , in cases where such notice is not foreseen , at the moment at which the contracting authority or the contracting entity commences the concession award procedure , in particular by defining the essential characteristics of the intended concession . ### the choice of the method used to calculate the estimated value of a concession shall not be made with the intention of excluding it from the scope of this directive . a works project or an entirety of services shall not be subdivided with the effect of preventing it from falling within the scope of this directive , unless justified by objective reasons .


### where the aggregate value of the lots is equal to or exceeds the threshold laid down in article 5 , this directive shall apply to the awarding of each lot . ### where a proposed work or purchase of services may result in concessions being awarded at the same time in the form of separate lots , account shall be taken of the total estimated value of all such lots .


### contracting authorities or contracting entities may award concessions for individual lots without applying the provisions on the award provided for under this directive , provided that the estimated value net of vat of the lot concerned is less than eur 1 million . however , the aggregate value of the lots thus awarded without applying this directive shall not exceed 20% of the aggregate value of all the lots into which the proposed work or the proposed purchase of services has been divided . ### where the aggregate value of the lots is equal to or exceeds the threshold laid down in article 5 , this directive shall apply to the awarding of each lot .


### the value of services concessions shall be the estimated total value of services to be provided by the concessionaire during the whole duration of the concession , calculated in accordance with an objective methodology which shall be specified in the concession notice or in the concession documents . ### contracting authorities or contracting entities may award concessions for individual lots without applying the provisions on the award provided for under this directive , provided that the estimated value net of vat of the lot concerned is less than eur 1 million . however , the aggregate value of the lots thus awarded without applying this directive shall not exceed 20% of the aggregate value of all the lots into which the proposed work or the proposed purchase of services has been divided .


### this directive shall not apply to services concessions awarded by a contracting authority or by a contracting entity to an economic operator which is a contracting entity or an association of thereof , on the basis of an exclusive right that economic operator enjoys pursuant to applicable and published national law , regulation or administrative provision , and which has been granted in accordance with the treaty and union sectoral legislation concerning the management of networks infrastructure related to the activities set out in annex iii . ### this directive shall not apply to services concessions awarded by a contracting authority or by a contracting entity to an economic operator on the basis of an exclusive right that economic operator enjoys pursuant to applicable and published national law , regulation or administrative provision , and which has been granted in accordance with the treaty and union sectoral legislation concerning the management of networks infrastructure related to the activities set out in annex iii .


### this directive shall not apply to services concessions awarded by a contracting authority or by a contracting entity to an economic operator which is a contracting entity or an association of thereof , on the basis of an exclusive right that economic operator enjoys pursuant to applicable and published national law , regulation or administrative provision , and which has been granted in accordance with the treaty and union sectoral legislation concerning the management of networks infrastructure related to the activities set out in annex iii . ### this directive shall not apply to services concessions awarded by a contracting authority or by a contracting entity to an economic operator which is a contracting entity or an association of thereof , on the basis of an exclusive right that economic operator enjoys pursuant to applicable and published national law or regulation , and which has been granted in accordance with the treaty and union sectoral legislation concerning the management of networks infrastructure related to the activities set out in annex iii .


### an international agreement concluded in conformity with the treaty between a member state and one or more third countries and covering works , supplies or services intended for the joint implementation or exploitation of a project by the signatory states ; ### an international agreement concluded in conformity with the treaty between a member state and one or more third countries and covering works , supplies or services intended for the joint implementation or exploitation of a project by the signatory states , unless european union funding is granted for this purpose ;


### this directive shall not apply to service concessions for : ### this directive shall not apply to service concessions awarded by a contracting authority to another contracting authority or to an association of contracting authorities on the basis of an exclusive right which they enjoy pursuant to a published law , regulation or administrative provision which is compatible with the treaty . nor shall it apply in respect of :


### contracting entities shall notify the commission or the national oversight body at their request of any activities which they regard as excluded . the commission may periodically publish in the official journal of the european union for information purposes , lists of the categories of activities which it considers to be covered by this exclusion . in so doing , the commission shall respect any sensitive commercial aspects that the contracting entities may point out when forwarding this information . ### contracting entities shall notify the commission or the national oversight body at their request of any activities which they regard as excluded . every six months , beginning on 1 july 2013 , the commission shall publish in the official journal of the european union for information purposes lists of the categories of activities which it considers to be covered by this exclusion . in so doing , the commission shall respect any sensitive commercial aspects that the contracting entities may point out when forwarding this information .


### to service concessions provided that at least 80 % of the average total turnover of the affiliated undertaking with respect to services in general for the preceding three years derives from the provision of services to undertakings with which it is affiliated ; ### to service concessions provided that at least 60&#160 ; % of the average total turnover of the affiliated undertaking with respect to services in general for the preceding three years derives from the provision of services to undertakings with which it is affiliated ;


### works concessions provided that at least 80 % of the average total turnover of the affiliated undertaking with respect to works in general for the preceding three years derives from the provision of works to undertakings with which it is affiliated . ### works concessions provided that at least 60 % of the average total turnover of the affiliated undertaking with respect to works in general for the preceding three years derives from the provision of works to undertakings with which it is affiliated .


### at least 90% of the activities of that legal person are carried out for the controlling contracting authority or entity or for other legal persons controlled by that contracting authority or entity ### the bulk of the activities of that legal person are carried out for the controlling contracting authority or entity or for other legal persons controlled by that contracting authority or entity .


### there is no private participation in the controlled legal person . ### there is no active private participation in the controlled legal person .


### there is no private participation in the controlled legal person . ### there are no private participations in the controlled legal person in excess of 10 % .


### there is no private participation in the controlled legal person ### there are no private participations in the controlled legal person in excess of 10 % .


### at least 90% of the activities of that legal person are carried out for the controlling contracting authorities or entities as referred to in paragraph 1 subparagraph 1 of article 4 or other legal persons controlled by the same contracting authority or entity ; ### at least 80 % of the activities of that legal person are carried out for the controlling contracting authorities or entities as referred to in paragraph 1 subparagraph 1 of article 4 or other legal persons controlled by the same contracting authority or entity .


### the absence of private participation referred to in paragraphs 1 to 4 shall be verified at the time of the award of the concession or of the conclusion of the agreement . ### the absence of private participations in excess of 10 % referred to in paragraphs 1 to 4 shall be verified at the time of the award of the concession or of the conclusion of the agreement .


### the duration of the concession shall be limited to the time estimated to be necessary for the concessionaire to recoup the investments made in operating the works or services together with a reasonable return on invested capital . ### the duration of the concession shall be limited to the time estimated to be necessary for the concessionaire to recoup the initial and subsequent investments made in operating the works or services together with a reasonable return on invested capital .


### the duration of the concession shall be limited to the time estimated to be necessary for the concessionaire to recoup the investments made in operating the works or services together with a reasonable return on invested capital . ### the duration of the concession shall only be limited to the time estimated to be necessary for the concessionaire to recoup the investments made in operating the works or services together with a reasonable return on invested capital .


### the duration of the concession shall be limited to the time estimated to be necessary for the concessionaire to recoup the investments made in operating the works or services together with a reasonable return on invested capital . ### the duration of the concession shall be limited to the time estimated to be necessary for the concessionaire to amortise the investments made in operating the works or services together with a reasonable return on invested capital .


### contracts which have as their object both services and supplies shall be awarded in accordance with this directive where the main object of the contract in question are services and where they are concessions within the meaning of point of the first paragraph of article 2 ### this directive shall apply with regard to contracts for both services and supplies where the main object of the contract in question are services and where they are concessions within the meaning of point of the first paragraph of article 2 .


### however , the choice between awarding a single concession and awarding a number of separate concessions may not be made with the objective of excluding it from the scope of this directive . ### however , the choice between awarding a single concession and awarding a number of separate concessions shall not be made with the objective of excluding it from the scope of this directive .


### member states may reserve the right to participate in concession award 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 concessions 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 concession award 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 concessions to be performed in the context of sheltered employment programmes provided that more than 50 % of the employees of those workshops , economic operators or programmes are disabled or disadvantaged workers .


### member states shall ensure that , at the latest 5 years after the date provided for in article 49 , all procedures for the award of concessions under this directive are performed using electronic means of communication , in particular e - submission , in accordance with the requirements of this article . ### member states shall ensure that , at the latest 3 years after the date provided for in article 49 , all procedures for the award of concessions under this directive are performed using electronic means of communication , in particular e - submission , in accordance with the requirements of this article .


### – it is completely irrelevant to the concession , being incapable of meeting the contracting authority or contracting entity ' s needs as specified in the concession documents . ### – it is irrelevant to the concession , failing to meet the contracting authority or contracting entity ' s requirements as specified in the concession documents .


### – it is completely irrelevant to the concession , being incapable of meeting the contracting authority or contracting entity’s needs as specified in the concession documents . ### – it is irrelevant to the concession , being incapable of meeting the contracting authority or contracting entity’s needs as specified in the concession documents and failing to correspond to the concession documents .


### tenders shall be considered to be unacceptable in any of the following cases : ### tenders are considered unacceptable in the following cases :


### they have been submitted by tenderers who do not have the requisite qualifications ; ### they have been submitted by tenderers who do not have the requisite documentary evidence of qualifications ;


### their price exceeds the contracting authority or contracting entity’s budget as determined prior to the launching of the concession award procedure and documented in writing ; ### their price exceeds the contracting authority or contracting entity’s budget as determined prior to the launching of the concession award procedure and documented in writing by more than 20 % ;


### they have been found to be abnormally low ### they are more than 20 % below the average of the other tenders or the documented budget .


### these characteristics may also refer to the specific process of production or provision of the requested works , supplies or services or of any other stage of its life cycle as referred to in point of article 2 . ### these characteristics may also refer to the specific process of production or provision of the requested works , supplies or services .


### contracting authorities and contracting entities shall indicate in the contract notice , in the invitation to submit tenders or in the concession documents a description of the concession , the award criteria and the minimum requirements to be met . this information must allow to identify the nature and scope of the concession , enabling economic operators to decide whether they request to participate in the concession award procedure . the description , award criteria and minimum requirements shall not be changed in the course of the negotiations . ### contracting authorities and contracting entities shall indicate in the contract notice , in the invitation to submit tenders or in the concession documents a description of the concession , the award criteria and the minimum requirements to be met . this information must allow to identify the nature and scope of the concession , enabling economic operators to decide whether they request to participate in the concession award procedure . contracting authorities may , during the procedure but before tenders are received , adjust the minimum requirements and the award criteria without publishing a general correction , if the change has no impact on the tenderers . contracting authorities should inform the tenderers concerned and should provide for a reasonable extension of the deadline for application .


### they shall establish a written record of formal deliberations and any other steps and events relevant for the concession award procedure . in particular , it shall ensure , by all appropriate means , the traceability of the negotiations . ### they shall establish a record of formal deliberations and any other steps and events relevant for the concession award procedure , in order to ensure , by all appropriate means , the traceability of the negotiations .


### fraud within the meaning of article 1 of the convention on the protection of the financial interests of the european communities32 ; ### fraud within the meaning of article 1 of the convention on the protection of the financial interests of the european communities32 as well as fraud within the meaning of national legislation for the public contracting entity or tendering authority ;


### any economic operator shall be excluded from participation in a concession where the contracting authority or contracting entity is aware of a decision having the force of res judicata establishing that it has not fulfilled obligations relating to the payment of taxes or social security contributions in accordance with the legal provisions of the country in which it is established or with those of the member state of the contracting authority or entity . ### any economic operator shall be excluded from participation in a concession where the contracting authority or contracting entity is aware of a decision having the force of res judicata establishing that it has not fulfilled obligations relating to the payment of taxes or social security contributions in accordance with the legal provisions of the country in which it is established or with those of the member state of the contracting authority or entity or becomes aware of any labour court judgments or legally binding administrative decisions .


### where it is aware of any other serious violation of provisions of european union or of national law aimed at the protection of public interests compatible with the treaty ; ### where it is aware of any other serious violation of provisions of european union law , national law aimed at the protection of public interests compatible with the treaty or serious breaches in the area of social , labour and environmental law ;


### member states may provide that contracting authorities and contracting entities shall base the award of concessions on the criterion of the most economically advantageous tender , in compliance with paragraph 2 . those criteria may include , in addition to price or costs , any of the following criteria ### member states shall provide that contracting authorities and contracting entities shall base the award of concessions on the criterion of the most economically advantageous tender , in compliance with paragraph 2 . those criteria may include , in addition to price or costs , any of the following criteria


### 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 , environmental characteristics and innovative character ;


### the specific process of production or provision of the requested works , supplies or services or of any other stage of its life cycle as referred to in point 14 of paragraph 1 of article 2 , to the extent that those criteria concern factors directly involved in these processes and characterise the specific process of production or provision of the requested works , supplies or services . ### the specific process of production or provision of the requested works , supplies or services .


### in the case referred to in paragraph 4 , the contracting authority or entity shall specify in the contract notice , in the invitation to submit a tender , or in the concession documents , 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 4 , the contracting authority or entity shall , where appropriate , specify in the contract notice , in the invitation to submit a tender , or in the concession documents , the relative weighting which it gives to each of the criteria chosen to determine the most economically advantageous tender .


### internal costs , including costs relating to acquisition , use and end of life ### internal costs , including costs relating to acquisition , use and end of life ;


### external environmental costs directly linked to the life cycle , provided their monetary value can be determined and verified , which may include the cost of emissions of greenhouse gases and of other pollutant emissions and other climate change mitigation costs . ### external environmental costs directly linked to the life cycle , provided their monetary value can be determined and verified , which may include the cost of emissions of greenhouse gases and of other pollutant emissions .


### in the concession documents , the contracting authority or contracting entity may ask or may be required by a member state to ask the tenderer to indicate in its tender any share of the contract it may intend to subcontract to third parties and any proposed subcontractors . ### in the concession documents , the contracting authority or contracting entity may ask the tenderer to indicate in its tender any share of the contract it may intend to subcontract to third parties and any proposed subcontractors .


### the modification changes the economic balance of the concession in favour of the concessionaire or ### the modification changes the economic balance of the concession in favour of the concessionaire except if this results from the recovery of the economical and financial equilibrium of the concession after having been upset by the contracting authorities ' actions or


### termination of concessions ### termination of concessions and new invitation to tender


### the exceptions provided for in article 15 cease to apply following a private participation in the legal person awarded the contract pursuant to article 15 ; ### the exceptions provided for in article 15 cease to apply following a private participation of more than ten per cent in the legal person awarded the contract pursuant to article 15 ;


### the court of justice of the european union finds , in a procedure pursuant to article 258 of the treaty , that a member state has failed to fulfil its obligations under the treaties by the fact that a contracting authority or entity belonging to that member state has awarded the concession in question without complying with its obligations under the treaties and this directive . ### in cases in which the court of justice of the european union determines , in a procedure pursuant to article 258 of the treaty , that a member state has failed to fulfil its obligations under the treaties by the fact that a contracting authority or entity belonging to that member state has awarded the concession in question without complying with its obligations under the treaties and this directive , tenders must be promptly invited for the concession within six months . member states must establish the necessary legal prerequisites for this .


### in the case of public works concessions or works concessions , the totality of the technical prescriptions contained in particular in the concession award documents , defining the characteristics required of a material , product or supply , so that it fulfils the use for which it is intended by the contracting authority or entity . those characteristics include levels of environmental and climate performance , design for all requirements and conformity assessment , performance , safety or dimensions , including the procedures concerning quality assurance , terminology , symbols , testing and test methods , packaging , marking and labelling , user instructions and production processes and methods at any stage of the life cycle of the works ; those characteristics also include rules relating to design and costing , the test , inspection and acceptance conditions for works and methods or techniques of construction and all other technical conditions which the contracting authority or entity is in a position to prescribe , under general or specific regulations , in relation to the finished works and to the materials or parts which they involve ; ### in the case of public works concessions or works concessions , the totality of the technical prescriptions contained in particular in the concession award documents , defining the characteristics required of a material , product or supply , so that it fulfils the use for which it is intended by the contracting authority or entity . those characteristics include levels of environmental and climate performance , assurance of accessibility for disabled persons , and conformity with european union law , performance , safety or dimensions , including the procedures concerning quality assurance , terminology , symbols , testing and test methods , packaging , marking and labelling , as well as user instructions ; those characteristics also include rules relating to design and costing , the test , inspection and acceptance conditions for works and methods or techniques of construction and all other technical conditions which the contracting authority or entity is in a position to prescribe , under general or specific regulations , in relation to the finished works and to the materials or parts which they involve ;


### in the case of service concessions , a specification in a document defining the required characteristics of a product or a service , such as quality levels , environmental and climate performance levels , design for all requirements and conformity assessment , performance , use of the product , safety or dimensions , including requirements relevant to the product as regards the name under which the product is sold , terminology , symbols , testing and test methods , packaging , marking and labelling , user instructions , production processes and methods at any stage of the life cycle of the supply or service and conformity assessment procedures ; ### in the case of service concessions , a written specification in a document defining the required characteristics of a product or a service , such as quality levels , environmental and climate performance levels , assurance of accessibility for disabled persons and conformity with european union law , performance , use of the product , safety or dimensions , including requirements relevant to the product as regards the name under which the product is sold , terminology , symbols , testing and test methods , packaging , marking and labelling , as well as user instructions ;


### the appearance of alien species , whether animals , plants , fungi or micro - organisms , in new locations is not always a cause for concern . however , a significant subset of alien species can become invasive and have serious adverse impacts on biodiversity and ecosystem services , as well as other economic and social impacts , which should be prevented . some 12&#160 ; 000 species in the environment in the union and other european countries are alien , of which roughly 10 to 15&#160 ; % are estimated to be invasive . ### the appearance of alien species , whether animals , plants , fungi or micro - organisms , in new locations is not always a cause for concern . however , a significant subset of alien species can become invasive and have serious adverse impacts on biodiversity , in both rural and urban areas , and on ecosystem services , as well as other economic and social impacts , which should be prevented . some 12&#160 ; 000 species in the environment in the union and other european countries are alien , of which roughly 10 to 15&#160 ; % are estimated to be invasive .


### to support the achievement of the objectives of directive 2009 / 147 / ec of the european parliament and of the council of 30 november 2009 on the conservation of wild birds7 , council directive 92 / 43 / eec of 21 may 1992 on the conservation of natural habitats and of wild fauna and flora8 , directive 2008 / 56 / ec of the european parliament and of the council of 17 june 2008 establishing a framework for community action in the field of marine environmental policy 9 and directive 2000 / 60 / ec of the european parliament and of the council of 23 october 2000 establishing a framework for community action in the field of water policy10 , the primary objective of this regulation should be to prevent , minimise and mitigate the adverse effects of invasive alien species on biodiversity and ecosystem services , as well as to reduce their economic and social impact . __________________ 7 oj l 20 , 26 . 1 . 2010 , p . 7 . 8 oj l 206 , 22 . 7 . 1992 , p . 7 . 9 oj l 164 , 25 . 6 . 2008 , p . 19 . 10 oj l 327 , 22 . 12 . 2000 , p . 1 . ### to support the achievement of the objectives of directive 2009 / 147 / ec of the european parliament and of the council of 30 november 2009 on the conservation of wild birds7 , council directive 92 / 43 / eec of 21 may 1992 on the conservation of natural habitats and of wild fauna and flora8 , directive 2008 / 56 / ec of the european parliament and of the council of 17 june 2008 establishing a framework for community action in the field of marine environmental policy 9 and directive 2000 / 60 / ec of the european parliament and of the council of 23 october 2000 establishing a framework for community action in the field of water policy10 , the primary objective of this regulation should be to prevent , minimise and mitigate the adverse effects of invasive alien species on biodiversity , ecosystem services , safety and public health as well as to reduce their economic and social impact . __________________ 7 oj l 20 , 26 . 1 . 2010 , p . 7 . 8 oj l 206 , 22 . 7 . 1992 , p . 7 . 9 oj l 164 , 25 . 6 . 2008 , p . 19 . 10 oj l 327 , 22 . 12 . 2000 , p . 1 .


### some species migrate naturally in response to environmental changes . therefore they should not be considered as alien species in their new environment and are thus excluded from the scope of the new rules on invasive alien species . ### some species migrate naturally in response to environmental changes . therefore they should not be considered as alien species in their new environment and , provided that they do not endanger existing ecosystems , are thus excluded from the scope of the new rules on invasive alien species .


### council regulation no 708 / 2007 of 11 june 2007 concerning use of alien and locally absent species in aquaculture14 , regulation no 528 / 2012 of the european parliament and of the council of 22 may 2012 concerning the making available on the market and use of biocidal products15 and regulation no 1107 / 2009 of the european parliament and of the council of 21 october 2009 concerning the placing of plant protection products on the market and repealing council directives 79 / 117 / eec and 91 / 414 / eec16 provide for rules concerning the authorisation for the use of certain alien species for particular purposes . the use of certain species has already been authorised under those regimes at the time of entry into force of these new rules as they do not pose unacceptable risks to the environment , human health and the economy . in order to ensure a coherent legal framework , those species should thus be excluded from the new rules . __________________ 14 oj l 168 , 28 . 06 . 07 , p . 1 . 15 oj l 167 , 27 . 06 . 12 , p . 1 . 16 oj l 309 , 24 . 11 . 09 , p . 1 . ### council regulation no 708 / 2007 of 11 june 2007 concerning use of alien and locally absent species in aquaculture , regulation no 528 / 2012 of the european parliament and of the council of 22 may 2012 concerning the making available on the market and use of biocidal products and regulation no 1107 / 2009 of the european parliament and of the council of 21 october 2009 concerning the placing of plant protection products on the market and repealing council directives 79 / 117 / eec and 91 / 414 / eec provide for rules concerning the authorisation for the use of certain alien species for particular purposes . the use of certain species has already been authorised under those regimes at the time of entry into force of these new rules . in order to ensure a coherent legal framework , those species should thus be excluded from the new rules . __________________ 14 oj l 168 , 28 . 06 . 07 , p . 1 . 15 oj l 167 , 27 . 06 . 12 , p . 1 . 16 oj l 309 , 24 . 11 . 09 , p . 1 .


### the risks and concerns associated with invasive alien species represent a cross - border challenge affecting the whole of the union . it is therefore essential to adopt at union level a ban on intentionally bringing into the union , reproducing , growing , transporting , buying , selling , using , exchanging , keeping and releasing invasive alien species of union concern , to ensure that consistent action is taken across the union so as to avoid distortions of the internal market and to prevent situations where action taken in one member state is undermined by inaction in another member state . ### the risks and concerns associated with invasive alien species represent a cross - border challenge affecting the whole of the union . it is therefore essential to adopt at union level a ban on the deliberate introduction into the union and reproduction , growing , transportation , purchase , sale , use , exchange , possession and release there , of invasive alien species of union concern , to ensure that consistent action is taken across the union so as to avoid distortions of the internal market and to prevent situations where action taken in one member state is undermined by inaction in another member state .


### with a view to enabling scientific research and ex - situ conservation activities , it is necessary to provide specific rules for the invasive alien species of union concern subject to those activities . those activities should be carried out in closed facilities where the organisms are in contained holding and with all the necessary measures taken to avoid the escape or unlawful release of invasive alien species of union concern . ### with a view to enabling scientific research by establishments that are authorised to carry out such research and the activities carried out by zoos and botanical gardens , it is necessary to provide specific rules for the invasive alien species of union concern subject to those activities . those activities should be carried out in closed facilities where the organisms are in contained holding and with all the necessary measures taken to avoid the escape or unlawful release of invasive alien species of union concern .


### member states should be able to adopt more stringent measures to tackle invasive alien species and to take measures proactively in respect of any species that are not listed as invasive alien species of union concern . in order to adopt a more proactive stance on unlisted species , it should therefore be required that to release invasive alien species into the environment that are not listed as invasive alien species of union concern , but for which member states have found evidence that they pose a risk , an authorisation for release should be issued . detailed rules for the authorisation of alien species to be used in aquaculture have already been established by regulation no 708 / 2007 and should be taken into account by member states in this context . ### member states should be able to adopt more stringent measures to tackle invasive alien species and to take any necessary measures proactively in respect of any species that are not listed as invasive alien species of union concern . in order to adopt a more proactive stance on unlisted species , it should therefore be required that to release invasive alien species into the environment that are not listed as invasive alien species of union concern , but for which member states have found evidence that they pose a risk , an authorisation for release should be issued . detailed rules for the authorisation of alien species to be used in aquaculture have already been established by regulation no 708 / 2007 and should be taken into account by member states in this context .


### member states should be able to adopt more stringent measures to tackle invasive alien species and to take measures proactively in respect of any species that are not listed as invasive alien species of union concern . in order to adopt a more proactive stance on unlisted species , it should therefore be required that to release invasive alien species into the environment that are not listed as invasive alien species of union concern , but for which member states have found evidence that they pose a risk , an authorisation for release should be issued . detailed rules for the authorisation of alien species to be used in aquaculture have already been established by regulation no 708 / 2007 and should be taken into account by member states in this context . ### member states should be able to adopt more stringent measures to tackle invasive alien species and to take measures proactively in respect of any species that are not listed as invasive alien species of union concern . in order to adopt a more proactive stance on unlisted species , it should therefore be required that to release invasive alien species into the environment that are not listed as invasive alien species of union concern , but for which member states have found evidence that they pose a risk , an authorisation for release should be issued . detailed rules for the authorisation of alien species to be used in aquaculture have already been established by regulation no 708 / 2007 and should be taken into account by member states in this context . member states should continue to develop other national and international instruments to address the problems caused by invasive alien species . new regulations should complement existing provisions , rather than replace them outright .


### in order to develop an adequate knowledge base to address the problems raised by invasive alien species , it is important that member states undertake research , monitoring and surveillance of such species . as surveillance systems offer the most appropriate means for early detection of new invasive alien species and for the determination of the distribution of already established species , they should include both targeted and general surveys and benefit from the involvement of different sectors and stakeholders , including local communities . surveillance systems should imply paying continuous attention to any new invasive alien species anywhere in the union . in the interest of efficiency and cost - effectiveness , existing systems of border control , surveillance and monitoring already established in union legislation should be applied , in particular those set out directives 2009 / 147 / ec , 92 / 43 / eec , 2008 / 56 / ec and 2000 / 60 / ec . ### in order to develop an adequate knowledge base to address the problems raised by invasive alien species , it is important that member states undertake research , monitoring and surveillance of such species and exchange best - practices on the prevention and management of invasive alien species . as surveillance systems offer the most appropriate means for early detection of new invasive alien species and for the determination of the distribution of already established species , they should include both targeted and general surveys and benefit from the involvement of different sectors and stakeholders , including regional authorities . surveillance systems should imply paying continuous attention to any new invasive alien species anywhere in the union . in the interest of efficiency and cost - effectiveness , existing systems of border control , surveillance and monitoring already established in union legislation should be applied , in particular those set out directives 2009 / 147 / ec , 92 / 43 / eec , 2008 / 56 / ec and 2000 / 60 / ec .


### eradicating and managing some invasive alien species , while necessary , may induce pain , distress , fear or other forms of suffering to the animals even when using the best available technical means . for that reason , member states and any operator involved in the eradication , control or containment of invasive alien species should take the necessary measures to minimise pain , distress and suffering of animals during the process , taking into account in so far as possible the best practices in the field , for example the guiding principles on animal welfare developed by the world organisation for animal health . ### article 13 of the treaty on the functioning of the european union states : ‘ in formulating and implementing the union’s agriculture , fisheries , transport , internal market , research and technological development and space policies , the union and the member states shall , since animals are sentient beings , pay full regard to the welfare requirements of animals , while respecting the legislative or administrative provisions and customs of the member states relating in particular to religious rites , cultural traditions and regional heritage’ . article 13 does not mention environmental policy , which is the legal basis of this regulation . however , eradicating and managing some invasive alien species , while necessary , may induce pain , distress , fear or other forms of suffering to the animals even when using the best available technical means . for that reason , member states and any operator involved in the eradication , control or containment of invasive alien species should endeavour to take the necessary measures to minimise pain , distress and suffering of animals during the process , taking into account in so far as possible the best practices in the field , for example the guiding principles on animal welfare developed by the world organisation for animal health .


### directive 2003 / 35 / ec of the european parliament and of the council of 26 may 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment21 establishes a framework for public consultation in environment related decisions . in defining action in the field of invasive alien species , effective public participation should enable the public to express , and the decision - maker to take account of , opinions and concerns which may be relevant to those decisions , thereby increasing the accountability and transparency of the decision - making process and contributing to public awareness of environmental issues and support for the decisions taken . __________________ 21 oj l 156 , 25 . 6 . 2003 , p . 17 . ### directive 2003 / 35 / ec of the european parliament and of the council of 26 may 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment21 establishes a framework for consultation of relevant stakeholders in environment related decisions . in defining action in the field of invasive alien species , effective participation should enable those stakeholders to express , and the decision - maker to take account of , opinions and concerns which may be relevant to those decisions , thereby increasing the accountability and transparency of the decision - making process and contributing to public awareness of environmental issues and support for the decisions taken . early and effective participation of relevant stakeholders is particularly important during the process to adopt or update the list of invasive alien species of union concern and the establishment of action plans and measures by the member states . __________________ 21 oj l 156 , 25 . 6 . 2003 , p . 17 .


### in order to take into account the latest scientific developments in the environmental field , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of determining how to conclude that invasive alien species are capable of establishing viable populations and of spreading , as well as for setting out the common elements for the development of risk assessments . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council . ### in order to take into account the latest scientific developments in the environmental field , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of determining how to conclude that invasive alien species are capable of establishing viable populations and of spreading , as well as for setting out the common elements for the development of risk assessments . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level by consulting the scientific forum . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council .


### in order to enable commercial operators , who may have legitimate expectations , for instance those who have received an authorisation in accordance with regulation no . 708 / 2007 , to exhaust their stock of invasive alien species of union concern when these new rules enter into force , it is justified to allow them two years to slaughter , sell or hand over the specimens to research or ex - situ conservation establishments . ### in order to enable commercial operators , for instance those who have received an authorisation in accordance with regulation no . 708 / 2007 , to exhaust their stock of invasive alien species of union concern when these new rules enter into force , it is justified to allow them two years to slaughter , sell or hand over the specimens to research or ex - situ conservation establishments .


### this regulation applies to all invasive alien species in the union as defined in article 3 . ### this regulation applies to all invasive alien species as defined in article 3 .


### ' alien species ' means any live specimens of species , subspecies or lower taxon of animals , plants , fungi or micro - organisms introduced outside its natural past or present distribution ; it includes any part , gametes , seeds , eggs , or propagules of such species , as well as any hybrids , varieties or breeds that might survive and subsequently reproduce ; ### ' alien species ' means any live specimens of species , subspecies or lower taxon of animals , plants , fungi or micro - organisms introduced outside its natural past or present distribution ; it covers all stages in the development of such species and their parts , as well as any hybrids , varieties or breeds that might survive and subsequently reproduce ;


### ' alien species ' means any live specimens of species , subspecies or lower taxon of animals , plants , fungi or micro - organisms introduced outside its natural past or present distribution ; it includes any part , gametes , seeds , eggs , or propagules of such species , as well as any hybrids , varieties or breeds that might survive and subsequently reproduce ; ### means any live specimens of species , subspecies or lower taxon of animals , plants , fungi or micro - organisms introduced outside its natural past or present distribution or which has migrated into its present distribution ; it includes any part , gametes , seeds , eggs , or propagules of such species , as well as any hybrids , varieties or breeds that might survive and subsequently reproduce ;


### ‘ invasive alien species’ means an alien species whose introduction or spread has been found , through risk assessment , to threaten biodiversity and ecosystem services , and that may also have a negative impact on human health or the economy ; ### ‘ invasive alien species’ means an alien species whose introduction or spread has been found , through risk assessment , to threaten biodiversity and ecosystem services , and that may also have a negative impact on human health , the economy and society at large ;


### ' research ' means descriptive or experimental work , undertaken under regulated conditions to acquire new knowledge or to develop new products , including the initial phases of identification , characterisation and isolation of genetic features , other than invasiveness , of invasive alien species only insofar as essential for enabling the breeding of those features into non - invasive species ; ### ' research ' means descriptive or experimental work , undertaken under regulated conditions to obtain new scientific findings or to develop new products , including the initial phases of identification , characterisation and isolation of genetic features , other than invasiveness , of invasive alien species only insofar as essential for enabling the breeding of those features into non - invasive species ;


### ' research ' means descriptive or experimental work , undertaken under regulated conditions to acquire new knowledge or to develop new products , including the initial phases of identification , characterisation and isolation of genetic features , other than invasiveness , of invasive alien species only insofar as essential for enabling the breeding of those features into non - invasive species ; ### ‘ research’ means descriptive or experimental work , undertaken under regulated conditions to acquire new knowledge or to develop new products , including the initial phases of identification , characterisation and isolation of genetic features , other than those properties which make a species invasive , of invasive alien species , only insofar as essential for enabling the breeding of those features into non - invasive species ;


### a description of its reproduction and spread patterns including an assessment of whether the environmental conditions necessary for reproduction and spread exist ; ### a description of its reproduction and spread patterns and dynamic including an assessment of whether the environmental conditions necessary for reproduction and spread exist ;


### placed on the market ; ### placed on the market or offered for sale ;


### they are physically isolated and they cannot escape or spread or be removed from the facilities were they are kept by unauthorised persons ; cleaning and maintenance protocols shall ensure that no specimens or reproducible parts can escape , spread or be removed by unauthorised persons ; ### they are physically isolated and they cannot escape or spread or be removed from the facilities where they are kept by unauthorised persons ; cleaning , waste handling and maintenance protocols shall ensure that no specimens or reproducible parts can escape , spread or be removed by unauthorised persons ;


### the member state concerned shall carry out a risk assessment pursuant to article 5 for the species subject to the emergency measures without delay , given the available technical and scientific information , and in any case within 24 months from the day of the adoption of the decision to introduce emergency measures , with a view to include those species on the list referred to in article 4 . ### the member state concerned shall carry out a risk assessment pursuant to article 5 for the species subject to the emergency measures without delay , given the available technical and scientific information , and in any case within 12 months from the day of the adoption of the decision to introduce emergency measures , with a view to include those species on the list referred to in article 4 .


### member states shall develop guidelines and training programmes to facilitate the identification and detection of invasive alien species of union concern through cooperation between all authorities involved in the verifications referred to in paragraph 2 . the training programmes for custom authorities shall include information on filling the single administrative document on which the customs declaration is made . ### based on best - practices , member states shall develop guidelines and training programmes to facilitate the identification and detection of invasive alien species of union concern through cooperation between all authorities involved in the verifications referred to in paragraph 2 .


### member states shall develop guidelines and training programmes to facilitate the identification and detection of invasive alien species of union concern through cooperation between all authorities involved in the verifications referred to in paragraph 2 . the training programmes for custom authorities shall include information on filling the single administrative document on which the customs declaration is made . ### the commission , together with the member states , shall develop guidelines and training programmes to facilitate the identification and detection of invasive alien species of union concern through cooperation between all authorities involved in the verifications referred to in paragraph 2 . the training programmes for custom authorities shall include information on filling the single administrative document on which the customs declaration is made .


### when applying eradication measures , member states shall ensure that the methods used are effective in achieving the complete and permanent removal of the population of the invasive alien species concerned , with due regard to human health and the environment , and ensuring that targeted animals are spared any avoidable pain , distress or suffering . ### when applying eradication measures , member states shall ensure that the methods used are effective in achieving the complete and permanent removal of the population of the invasive alien species concerned , with due regard to human health and the environment , and endeavouring to ensure that targeted animals are spared any avoidable pain , distress or suffering .


### eradication methods are not available or are available but have very serious negative impacts on human health or the environment . ### eradication methods are not available or are available but have very serious negative impacts on human health , the environment or other species .


### the management measures shall consist of physical , chemical or biological actions aimed at the eradication , population control or containment of a population of an invasive alien species . where appropriate , management measures shall include actions applied to the receiving ecosystem aimed at increasing its resilience to current and future invasions . ### the management measures shall consist of physical , chemical or biological actions aimed at the eradication , population control or containment of a population of an invasive alien species . where appropriate , management measures shall include actions applied to the receiving ecosystem aimed at increasing its resilience to current and future invasions . member states shall take proportionate restoration measures to assist the recovery of an ecosystem that has been degraded , damaged , or destroyed by invasive alien species of union concern .


### within 5 years from [ date of adoption ] , the commission shall assess the effectiveness of the current regulation including the list referred to in article 4 , the action plans referred to in article 11 , the surveillance system , border checks , eradication obligation and management obligations , and submit a report to the european parliament and to the council which may be accompanied by proposals for its amendment including changes to the list in article 4 . ### within 5 years from [ date of adoption ] , the commission shall assess the effectiveness of the current regulation including the list referred to in article 4 , the action plans referred to in article 11 , the surveillance system , border checks , eradication obligation and management obligations , as well as the appropriateness of the financing of implementation , and submit a report to the european parliament and to the council which may be accompanied by proposals for its amendment including changes to the list in article 4 and which , on the basis of an examination of the financial background , shall make a proposal concerning european union financial support in the next financial cycle .


### where action plans are being established pursuant to article 11 and where measures are being established pursuant to article 17 , member states shall ensure that the public is given early and effective opportunities to participate in their preparation , modification or review using the arrangements already determined by the member states in accordance with the second subparagraph of article 2 of directive 2003 / 35 / ec . ### where action plans are being established pursuant to article 11 and where measures are being established pursuant to article 17 , member states shall ensure that relevant stakeholders are provided with opportunities to participate in their preparation , modification or review using the arrangements already determined by the member states in accordance with the second subparagraph of article 2 of directive 2003 / 35 / ec .


### keepers of a commercial stock of specimens of invasive alien species acquired before their inclusion on the list referred to in article 4 shall be allowed up to two years after inclusion of the species in that list to keep and transport in order to sell or hand over live specimens or reproducible parts of those species to the research or ex - situ conservation institutions referred to in article 8 , provided that the specimens are kept and transported in contained holding and all appropriate measures are put in place to ensure that reproduction or escape are not possible , or to slaughter them to exhaust their stock . ### keepers of a commercial stock of specimens of invasive alien species acquired before their inclusion on the list referred to in article 4 shall be allowed up to two years after inclusion of the species in that list to keep and transport in order to sell or hand over live specimens or reproducible parts of those species to the research institutions , zoos or botanical gardens referred to in article 8 , provided that the specimens are marked in accordance with article 8 and kept and transported in contained holding and all appropriate measures are put in place to ensure that reproduction or escape are not possible , or to slaughter them to exhaust their stock . the animal specimens referred to in this paragraph may also be handed over to facilities specially set up for that purpose .


### keepers of a commercial stock of specimens of invasive alien species acquired before their inclusion on the list referred to in article 4 shall be allowed up to two years after inclusion of the species in that list to keep and transport in order to sell or hand over live specimens or reproducible parts of those species to the research or ex - situ conservation institutions referred to in article 8 , provided that the specimens are kept and transported in contained holding and all appropriate measures are put in place to ensure that reproduction or escape are not possible , or to slaughter them to exhaust their stock . ### keepers of a commercial stock of specimens of invasive alien species acquired before their inclusion on the list of invasive alien species considered to be of union concern shall be allowed up to two years after inclusion of the species in that list to keep and transport in order to sell or hand over live specimens or reproducible parts of those species to the research or ex - situ conservation institutions referred to in article 8 , provided that the specimens are kept and transported in contained holding and all appropriate measures are put in place to ensure that reproduction or escape are not possible , or to slaughter them to exhaust their stock .


### this regulation lays down the conditions under which member states shall recognise and accept electronic identification means of natural and legal persons falling under a notified electronic identification scheme of another member state . ### this regulation lays down the conditions under which member states shall recognise and accept electronic identification means of any entity , natural or legal persons falling under a notified electronic identification scheme of another member state .


### this regulation establishes a legal framework for electronic signatures , electronic seals , electronic time stamps , electronic documents , electronic delivery services and website authentication . ### this regulation establishes a legal framework for electronic signatures , electronic seals , electronic validation and verification , electronic time stamps , electronic documents , electronic delivery services and website authentication .


### this regulation applies to electronic identification provided by , on behalf or under the responsibility of member states and to trust service providers established in the union . ### this regulation applies to notification of electronic identification provided by , on behalf or under the responsibility of member states and to trust service providers established in the union . this regulation applies to trust services and products offered to the public .


### ' electronic identification ' means the process of using person identification data in electronic form unambiguously representing a natural or legal person ; ### ' electronic identification ' means the process of using person identification data in electronic form unambiguously representing an entity , a natural or legal person ;


### ‘ electronic identification means’ means a material or immaterial unit containing data as referred to in point 1 of this article , and which is used to access services online as referred to in article 5 ; ### ‘ electronic identification means’ means a material or immaterial unit containing data as referred to in point 1 of this article , and which is used to access electronic services as referred to in article 5 ;


### ‘ certificate’ means an electronic attestation which links electronic signature or seal validation data of a natural or a legal person respectively to the certificate and confirms those data of that person ; ### ‘ certificate’ means an electronic attestation which links electronic signature or seal validation data of an entity , a natural or a legal person respectively to the certificate and confirms those data of that person ;


### ‘ trust service’ means any electronic service consisting in the creation , verification , validation , handling and preservation of electronic signatures , electronic seals , electronic time stamps , electronic documents , electronic delivery services , website authentication , and electronic certificates , including certificates for electronic signature and for electronic seals ; ### ‘ trust service’ means any electronic service consisting , among others , of the creation , verification , validation , handling and preservation of electronic signatures , electronic seals , electronic time stamps , electronic documents , electronic delivery services , website authentication , and electronic certificates , including certificates for electronic signature and for electronic seals ;


### ‘ trust service provider’ means a natural or a legal person who provides one or more trust services ; ### ‘ trust service provider’ means an entity , a natural or a legal person who provides one or more trust services ;


### ‘ creator of a seal’ means a legal person who creates an electronic seal ; ### ‘ creator of a seal’ means an entity , a legal person who creates an electronic seal ;


### the notifying member state ensures that the person identification data are attributed unambiguously to the natural or legal person referred to in article 3 point1 ; ### the notifying member state ensures that the person identification data are attributed unambiguously to the entity , natural or legal person referred to in article 3 point1 ;


### member states shall cooperate in order to ensure the interoperability of electronic identification means falling under a notified scheme and to enhance their security . ### member states shall cooperate in order to ensure the interoperability and technological neutrality of electronic identification means falling under a notified scheme and to enhance their security .


### a trust service provider shall be liable for any direct damage caused to any natural or legal person due to failure to comply with the obligations laid down in article 15 , unless the trust service provider can prove that he has not acted negligently . ### a trust service provider shall be liable under national law for any damage caused to any entity , natural or legal person due to failure to comply with the obligations laid down in article 15 , unless the trust service provider can prove that he has not acted negligently .


### trust service providers shall process personal data according to directive 95 / 46 / ec . such processing shall be strictly limited to the minimum data needed to issue and maintain a certificate or to provide a trust service . ### trust service providers shall collect and process personal data according to directive 95 / 46 / ec . such collecting and processing shall be strictly limited to the minimum data needed to issue and maintain a certificate or to provide a trust service .


### when issuing a qualified certificate , a qualified trust service provider shall verify , by appropriate means and in accordance with national law , the identity and , if applicable , any specific attributes of the natural or legal person to whom a qualified certificate is issued . ### when issuing a qualified certificate , a qualified trust service provider shall verify , by appropriate means and in accordance with national law , the identity and , if applicable , any specific attributes of the entity , natural or legal person to whom a qualified certificate is issued .


### in the first subparagraph of article 10 of directive 2003 / 87 / ec the following sentence is added : ### in the first subparagraph of article 10 of directive 2003 / 87 / ec the following sentences are added :


### the commission shall , where appropriate , adapt the timetable for each period so as to ensure an orderly functioning of the market . ### the commission may , in exceptional circumstances , propose to adjust the timetable for the period referred to in article 13 beginning on 1 january 2013 so as to ensure an orderly functioning of the market . the commission shall propose no more than one such adaptation . in order to ensure the predictability of the auctions , in particular as regards the estimated volumes of allowances in accordance to article 10 any modification , including reduction of the volume or part of the volume of allowances to be auctioned is strictly prohibited .