### in addition , there is demand on the part of content , applications and services providers , for the provision of transmission services based on flexible quality parameters , including lower levels of priority for traffic which is not time - sensitive . the possibility for content , applications and service providers to negotiate such flexible quality of service levels with providers of electronic communications to the public is necessary for the provision of specialised services and is expected to play an important role in the development of new services such as machine - to - machine communications . at the same time such arrangements should allow providers of electronic communications to the public to better balance traffic and prevent network congestion . providers of content , applications and services and providers of electronic communications to the public should therefore be free to conclude specialised services agreements on defined levels of quality of service as long as such agreements do not substantially impair the general quality of internet access services . ### in addition , there is demand on the part of content , applications and services providers , for the provision of transmission services based on quality parameters . for the provision of specialised services in closed networks , it is necessary that content , applications and service providers have the opportunity to negotiate such a specific quality of service levels with providers of electronic communications to the public for a limited group of users . this is expected to play an important role in the development of new services such as machine - to - machine communications . providers of content , applications and services and providers of electronic communications to the public should therefore be free to conclude specialised services agreements on defined levels of quality of service in closed networks that are independent of internet protocol , as long as such agreements do not impair the general quality of internet access services . specialised services may not be marketed as a substitute for the internet or used as such . if specialised services are offered or marketed by access network providers , the latter have an obligation to also offer an open internet access service within the meaning of recital 45 . all ip - based services are subject to the best - effort principle .


### the internet has developed over the past decades as an open platform for innovation with low access barriers for end - users , content and application providers and internet service providers . the existing regulatory framework aims at promoting the ability of end - users to access and distribute information or run applications and services of their choice . recently , however , the report of the body of european regulators for electronic communications on traffic management practices published in may 2012 and a study , commissioned by the executive agency for consumers and health and published in december 2012 , on the functioning of the market of internet access and provision from a consumer perspective , showed that a significant number of end - users are affected by traffic management practices which block or slow down specific applications . these tendencies require clear rules at the union level to maintain the open internet and to avoid fragmentation of the single market resulting from individual member states ' measures . ### the internet has developed over the past decades as an open platform for innovation with low access barriers for end - users , content and application providers and internet service providers . the openness and non - discriminatory features of the internet are key drivers for innovation , economic efficiency as well as safeguarding media freedom and pluralism and cultural diversity . the existing regulatory framework aims at promoting the ability of end - users to access and distribute information or run applications and services of their choice . recently , however , the report of the body of european regulators for electronic communications on traffic management practices published in may 2012 and a study , commissioned by the executive agency for consumers and health and published in december 2012 , on the functioning of the market of internet access and provision from a consumer perspective , showed that a significant number of end - users are affected by traffic management practices which block or slow down specific applications . these tendencies require clear rules at the union level to maintain the open internet and to avoid fragmentation of the single market resulting from individual member states ' measures .


### end - users shall be free to enter into agreements on data volumes and speeds with providers of internet access services and , in accordance with any such agreements relative to data volumes , to avail of any offers by providers of internet content , applications and services . ### end - users shall be free to enter into agreements on data volumes and speeds with providers of internet access services . providers of internet access services shall advertise with the minimum guaranteed data volume and speed they can provide for , not the maximum speed .


### there is also end - user demand for services and applications requiring an enhanced level of assured service quality offered by providers of electronic communications to the public or by content , applications or service providers . such services may comprise inter alia broadcasting via internet protocol , video - conferencing and certain health applications . end - users should therefore also be free to conclude agreements on the provision of specialised services with an enhanced quality of service with either providers of electronic communications to the public or providers of content , applications or services . ### there is also end - user demand for services and applications requiring an enhanced level of assured service quality offered by providers of electronic communications to the public or by content , applications or service providers . such services may comprise inter alia broadcasting via internet protocol , video - conferencing and certain health applications . end - users should therefore also be free to conclude agreements on the provision of specialised services with an enhanced quality of service with either providers of electronic communications to the public or providers of content , applications or services . however these specialised services should remain the exception and should not be marketed or widely used as a substitute for internet access service ;


### ‘ specialised service’ means an electronic communications service or any other service that provides the capability to access specific content , applications or services , or a combination thereof , and whose technical characteristics are controlled from end - to - end or provides the capability to send or receive data to or from a determined number of parties or endpoints ; and that is not marketed or widely used as a substitute for internet access service ; ### ' specialised service ' means an electronic communications service optimised for specific content , applications or services , or a combination thereof , by deploying traffic management to ensure the appropriate level of network capacity and quality .


### in order to enable the provision of specialised services to end - users , providers of content , applications and services and providers of electronic communications to the public shall be free to enter into agreements with each other to transmit the related data volumes or traffic as specialised services with a defined quality of service or dedicated capacity . the provision of specialised services shall not impair in a recurring or continuous manner the general quality of internet access services . ### providers of electronic communication services or providers of content , applications and services may offer specialised services to end - users provided they are offered in addition to an open internet access service at a level of quality that reflects the technical progress and provided that they do not impair the general performance , affordability , or quality of open internet access services . specialised services shall only be offered if the network capacity is sufficient to provide such services in addition to the open internet access . take - up by end - users or by content and application providers of commercial offers to support managed services should be on a voluntary and non - discriminatory basis .


### implement a legislative provision or a court order , or prevent or impede serious crimes ; ### implement a legislative provision or a court order ;


### in a seamless single market in electronic communications , the freedom to provide electronic communications networks and services to every customer in the union and the right of each end - user to choose the best offer available on the market should be ensured and should not be hindered by the fragmentation of markets along national borders . the current regulatory framework for electronic communications does not fully address such fragmentation , with national , rather than union - wide general authorisation regimes , national spectrum assignment schemes , differences of access products available for electronic communications providers in different member states , and different sets of sector - specific consumer rules applicable . the union rules in many cases merely define a baseline , and are often implemented in diverging ways by the member states . ### in a seamless single market in electronic communications , the right of each individual to access electronic communications networks and services in the union , the freedom to provide these and the right of each end - user to choose the best offer available on the market should be ensured and should not be hindered by the fragmentation of markets along national borders .


### ) minimise the effects of temporary or exceptional network congestion provided that equivalent types of traffic are treated equally . ### minimise the effects of observed temporary or exceptional network congestion provided that equivalent types of traffic are treated equally .


### national regulatory authorities shall closely monitor and ensure the effective ability of end - users to benefit from the freedoms provided for in article 23 and , compliance with article 23 , and the continued availability of non - discriminatory internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services . they shall , in cooperation with other competent national authorities , also monitor the effects of specialised services on cultural diversity and innovation . national regulatory authorities shall report on an annual basis to the commission and berec on their monitoring and findings . ### national regulatory authorities shall closely monitor and ensure the effective ability of end - users to benefit from the freedoms provided for in article 23 and and the continued availability of open internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services . they shall , in cooperation with other competent national authorities , also ensure that the effects of specialised services do not impair cultural diversity , media pluralism and innovation . national regulatory authorities shall also closely monitor and ensure the application of reasonable traffic management measures in compliance with article 23 taking the utmost account of the berec guidelines specified in paragraph 2 of this article and in paragraph 3a of article 21 of the directive 2002 / 22 / ec . reasonable traffic management measures shall be subject to periodic review to reflect advances in technology . national regulatory authorities shall report on an annual basis to the commission and berec on their monitoring and findings .


### national regulatory authorities shall closely monitor and ensure the effective ability of end - users to benefit from the freedoms provided for in article 23 and , compliance with article 23 , and the continued availability of non - discriminatory internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services . they shall , in cooperation with other competent national authorities , also monitor the effects of specialised services on cultural diversity and innovation . national regulatory authorities shall report on an annual basis to the commission and berec on their monitoring and findings . ### national regulatory authorities shall closely monitor and ensure the effective ability of end - users to benefit from the rights provided for in article 23 and , compliance with article 23 , and the continued availability of open internet services under point 14 of article 2 that are not impaired by specialised services . they shall , in cooperation with other competent national authorities , also monitor the effects of specialised services on freedom of opinion and information , liguistic and cultural diversity , media freedom and diversity and innovation . national regulatory authorities shall report on an annual basis to the commission and berec on their monitoring and findings .


### within the limits of any contractually agreed data volumes or speeds for internet access services , providers of internet access services shall not restrict the freedoms provided for in paragraph 1 by blocking , slowing down , degrading or discriminating against specific content , applications or services , or specific classes thereof , except in cases where it is necessary to apply reasonable traffic management measures . reasonable traffic management measures shall be transparent , non - discriminatory , proportionate and necessary to : ### providers of internet access services shall not restrict the freedoms provided for in paragraph 1 by blocking , slowing down , degrading or discriminating against , restricting specific content , applications or services , or specific classes thereof , except in cases where it is necessary to apply reasonable traffic management measures or to implement a court order . traffic management measures shall be considered reasonable when they are deployed to more efficiently manage traffic on the network in order to preserve the integrity and security of the network , and more efficiently manage traffic on the network in demonstrated punctual cases of acute congestion , provided euquivalent types of traffic are treated equally . these measures shall be transparent , non - discriminatory and proportionate .


### ensuring wide territorial coverage of high - speed wireless broadband networks and a high level of penetration and consumption of related services . ### ensuring efficient use of spectrum to meet the increasing demand for high - speed wireless broadband networks , at the same time taking account of the public interest and the social , cultural and economic value of spectrum as a whole .


### ‘ harmonised radio spectrum for wireless broadband communications’ means radio spectrum for which the conditions of availability and efficient use are harmonised at union level , in particular pursuant to decision 676 / 2002 / ec of the european parliament and the council , 27 and which serves for electronic communications services other than broadcasting ; __________________ 27 decision 676 / 2002 / ec of the european parliament and the council of 7 march 2002 on a regulatory framework for radio spectrum policy in the european community . ### ‘ harmonised radio spectrum for wireless broadband communications’ means radio spectrum for which the conditions of availability and efficient use are harmonised at union level , according to the provisions and procedures as laid down in directive 2002 / 21 / ec and pursuant to decision 676 / 2002 / ec of the european parliament and the council , 27 and which serves for electronic communications services other than broadcasting ; __________________ 27 decision 676 / 2002 / ec of the european parliament and the council of 7 march 2002 on a regulatory framework for radio spectrum policy in the european community .


### actually available data speed for download and upload in the end - user ' s member state of residence , including at peak - hours ; ### actually available data speed for download and upload in the end - user ' s member state of residence , including minimum guaranteed data speed for download and upload at peak - hours ;


### ' internet access service ' means a publicly available electronic communications service that provides connectivity to the internet , and thereby connectivity between virtually all end points connected to the internet , irrespective of the network technology used ; ### ' open internet access service ' means a publicly available electronic communications service that provides connectivity to the internet , and thereby connectivity between all end points connected to the internet , irrespective of the network technology used ; the member states shall impose reasonable minimum requirements on the service quality of open internet access services , reflecting technological progress ; an open internet access service enables end - users to use any internet - based application in accordance with the best effort principle ; the only permissible derogation from this principle is proportionate , justified traffic management , in cases where the conditions for its use are clearly defined ;


### freedom to provide and avail of open internet access , and reasonable traffic management ### open internet access , specialised services and reasonable , justified traffic management


### national regulatory authorities shall closely monitor and ensure the effective ability of end - users to benefit from the freedoms provided for in article 23&#160 ; and , compliance with article 23&#160 ; , and the continued availability of non - discriminatory internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services . they shall , in cooperation with other competent national authorities , also monitor the effects of specialised services on cultural diversity and innovation . national regulatory authorities shall report on an annual basis to the commission and berec on their monitoring and findings . ### national regulatory authorities shall closely monitor and ensure the effective ability of end - users to benefit from the rights provided for in article 23&#160 ; and , compliance with article 23&#160 ; , and the continued availability of non - discriminatory internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services . they shall , in cooperation with other competent national authorities , also monitor the effects of specialised services on freedom of opinion and information , linguistic and cultural diversity , media freedom and diversity , and innovation . national regulatory authorities shall report on an annual basis to the commission and berec on their monitoring and findings .


### within the limits of any contractually agreed data volumes or speeds for internet access services , providers of internet access services shall not restrict the freedoms provided for in paragraph 1 by blocking , slowing down , degrading or discriminating against specific content , applications or services , or specific classes thereof , except in cases where it is necessary to apply reasonable traffic management measures . reasonable traffic management measures shall be transparent , non - discriminatory , proportionate and necessary to : implement a legislative provision or a court order , or prevent or impede serious crimes ; preserve the integrity and security of the network , services provided via this network , and the end - users ' terminals ; prevent the transmission of unsolicited communications to end - users who have given their prior consent to such restrictive measures ; minimise the effects of temporary or exceptional network congestion provided that equivalent types of traffic are treated equally . reasonable traffic management shall only entail processing of data that is necessary and proportionate to achieve the purposes set out in this paragraph . ### providers of internet access services shall not restrict the rights provided for in paragraph 1 by : - deleting , blocking , slowing down , degrading or discriminating against specific content , applications , services or terminal devices , or specific classes thereof , - prioritising specific content , applications , services or terminal devices , or specific classes thereof , or - concluding special pricing agreements with the end - user which make accessing particular content , applications , services or terminal devices or specific classes thereof seem less economically attractive , except in cases where it is necessary to apply justified and reasonable traffic management measures . such measures shall be transparent , non - discriminatory , proportionate and necessary to : - preserve the integrity and security of the network , services provided via this network , and the end - users ' terminals , or - minimise the effects of temporary and exceptional network congestion , provided that all content , applications and services are treated in accordance with the best effort principle . no packet inspection going beyond checking of the headers of the data packets shall take place .


### the exercise of the freedoms provided for in paragraphs 1 and 2 shall be facilitated by the provision of complete information in accordance with article 25 , article 26 , and article 27 and . ### end - users as well as content , application , and service providers , including the media and cultural industries and governments at all levels , shall be provided with complete information in accordance with article 20 , article 21 and article 21a of directive 2002 / 22 / ec , including information on any reasonable traffic management measures applied that might affect access to and distribution of information , content , applications and services as specified in paragraphs 1 and 2 .


### in addition , there is demand on the part of content , applications and services providers , for the provision of transmission services based on flexible quality parameters , including lower levels of priority for traffic which is not time - sensitive . the possibility for content , applications and service providers to negotiate such flexible quality of service levels with providers of electronic communications to the public is necessary for the provision of specialised services and is expected to play an important role in the development of new services such as machine - to - machine communications . at the same time such arrangements should allow providers of electronic communications to the public to better balance traffic and prevent network congestion . providers of content , applications and services and providers of electronic communications to the public should therefore be free to conclude specialised services agreements on defined levels of quality of service as long as such agreements do not substantially impair the general quality of internet access services . ### in addition , there is demand on the part of content , applications and services providers , for the provision of transmission services based on quality parameters . for the provision of specialised services in closed networks , it is necessary that content , applications and service providers have the opportunity to negotiate such a specific quality of service levels with providers of electronic communications to the public for a limited group of users . this is expected to play an important role in the development of new services such as machine - to - machine communications . special services must neither impair open internet access service quality nor be marketed or used as an internet substitute . they are admissible only if there is a manifest technical and de facto need , over and above economic self - interest , to be able to supply real - time critical applications of a particular quality . if special services are offered or marketed by access network providers , they are also under the obligation to provide an open internet access service as referred to in recital . all open internet services are subject to the best - effort principle .


### in addition , there is demand on the part of content , applications and services providers , for the provision of transmission services based on flexible quality parameters , including lower levels of priority for traffic which is not time - sensitive . the possibility for content , applications and service providers to negotiate such flexible quality of service levels with providers of electronic communications to the public is necessary for the provision of specialised services and is expected to play an important role in the development of new services such as machine - to - machine communications . at the same time such arrangements should allow providers of electronic communications to the public to better balance traffic and prevent network congestion . providers of content , applications and services and providers of electronic communications to the public should therefore be free to conclude specialised services agreements on defined levels of quality of service as long as such agreements do not substantially impair the general quality of internet access services . ### in addition , there is demand on the part of content , applications and services providers , for the provision of transmission services based on quality parameters . for the provision of specialised services in closed networks , it is necessary that content , applications and service providers have the opportunity to negotiate such a specific quality of service levels with providers of electronic communications to the public for a limited group of users . this is expected to play an important role in the development of new services such as machine - to - machine communications . providers of content , applications and services and providers of electronic communications to the public should therefore be free to conclude specialised services agreements on defined levels of quality of service in closed networks that are independent of internet protocol , as long as such agreements do not impair the general quality of internet access services . specialised services may not be marketed as a substitute for the internet or used as such . if specialised services are offered or marketed by access network providers , the latter have an obligation to also offer an open internet access service within the meaning of recital 45 . all ip - based services are subject to the best - effort principle .


### the application of various national policies creates inconsistencies and fragmentation of the internal market which hamper the roll - out of union - wide services and the completion of the internal market for wireless broadband communications . it could in particular create unequal conditions for access to such services , hamper competition between undertakings established in different member states and stifle investments in more advanced networks and technologies and the emergence of innovative services , thereby depriving citizens and businesses of ubiquitous integrated high - quality services and wireless broadband operators of increased efficiency gains from large - scale more integrated operations . therefore , action at union level regarding certain aspects of radio spectrum assignment should accompany the development of wide integrated coverage of advanced wireless broadband communications services throughout the union . at the same time , member states should retain the right to adopt measures to organise their radio spectrum for public order , public security purposes and defence . ### the eu telecom package as revised in 2009 establishes the principles for spectrum management . it recognises member states ' competence with respect to cultural and audiovisual policies and generally leaves them the necessary scope for action . therefore , action at union level regarding certain aspects of radio spectrum assignment should continue to endorse a dynamic approach to spectrum management , which recognises member states ' competence in this field and respects the cultural , audiovisual and media policies of each member state . sufficient flexibility is needed to accommodate specific national requirements and member states should retain the right to adopt measures to organise their radio spectrum for public order , public security purposes and defence . in cases of disputes between member states over spectrum use , the commission may coordinate and support dispute settlement .


### the quantities referred to in paragraphs and shall not exceed in 2013 20 % of the appropriate quota , in 2014 15 % of the appropriate quota and from 2015 10 % of the appropriate quota . ### the quantities referred to in paragraphs and shall not exceed in 2014 , 20 % of the appropriate quota , in 2015 , 15 % of the appropriate quota and from 2016 , 10 % of the appropriate quota .


### use of remote electronic monitoring that consists of closed circuit tv , gps and sensors ; ### use of cte to collect and transfer data in the prescribed order to the relevant rem


### for the proper monitoring of fishing activities with special regard to verifying that the obligation to land all catches of stocks subject to catch limitations is complied with at sea , it is necessary to operate a remote electronic monitoring system on vessels operating in the skagerrak . [ art . 11 ] ### for the proper monitoring of fishing activities with special regard to verifying that the obligation to land all catches of stocks subject to catch limitations is complied with at sea , it is necessary that member states put in place a remote electronic monitoring system . that rem system should be based on automated control and a fishing trip should be deemed to have been conducted within the rules of this regulation , if no irregularities are detected during such control . [ art . 11 ]


### by way of derogation from article 19 of regulation 850 / 98 all catches of the fish stocks listed in annex i shall be brought and retained on board the fishing vessels and landed in accordance with the timeline set out in that annex , except if the discarded fish of such stocks have high survival rate or where the burden to fishermen of having to extract the unwanted species from the catch for separate treatment is unreasonably high . ### by way of derogation from article 19 of regulation no 850 / 98 all catches of the fish stocks listed in annex i shall be brought and retained on board the fishing vessels and landed in accordance with the timeline set out in that annex .


### paragraph 2 shall be applied in accordance with the following timeline : as from 1 january 2014 to union fishing vessels of 15 metres ' length overall or more ; as from 1 july 2015 to union fishing vessels of 12 metres’ length overall or more . ### if no irregularities are detected in the automated control , the fishing operation shall be deemed to have been performed in conformity with this regulation as regards any aspect controlled by the rem system .


### notwithstanding paragraph 1 , and by way of derogation from article 19 of regulation 850 / 98 when fishing with gears having a mesh size equal to or less than 32 mm all catches of stocks , including stocks to which the obligation to land does not apply , shall be brought and retained on board the fishing vessels and landed . ### as from 1 january 2013 , all records of unwanted catches in the skagerrak shall be forwarded to the commission so that their composition can be analysed .


### in order to adapt to the technical and scientific progress in a timely and proportionate fashion and to ensure flexibility and allow evolution of certain measures , the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission in respect of amending annex i as regards the timeline and the stocks subject to the obligation to land all catches and in respect of amending annex ii as regards minimum conservation reference size . ### in order to adapt to the technical and scientific progress in a timely and proportionate fashion and to ensure flexibility and allow evolution of certain measures , the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission in respect of further defining the exception allowing release of fish of a stock in some cases when it is beneficial to the sustainable recovery of the stock , as well as in respect of amending annex i as regards the timeline and the stocks subject to the obligation to land all catches and in respect of amending annex ii as regards minimum conservation reference size . 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 .


### a fishing vessel of 12 metres’ length overall or more shall have installed on board a fully functioning rem system that consists of a sufficient number of closed circuit tv cameras on board , gps and sensors to be allowed to leave port . ### the rem system shall be based on automated control using recognition software . data may only be saved in the rem system and may only be subject to human control in case of irregularities .


### the commission shall be empowered to adopt delegated acts to amend annex i on the basis of advances in scientific information or where the burden to fishermen proves to be disproportionate to the benefits . those delegated acts shall be adopted in accordance with article 16 . ### the commission shall be empowered to adopt delegated acts to amend annex i on the basis of advances in scientific information . the commission shall also be empowered to adopt delegated acts specifying the fish stocks that may be released in view of the sustainable conservation of the species and to what extent fish of stocks that do not have a high survival rate may be discarded at the same time as fish of stocks with a high survival rate . those delegated acts shall be adopted in accordance with article 16 .


### argentina , bahrain , bolivia , brazil , brunei , chile , china , ecuador , egypt , hong kong special administrative region , iceland , jordan , kuwait , malaysia , mauritius , mexico , morocco , oman , philippines , qatar , russia , saudi arabia , singapore , south africa , south korea , tunisia , turkey , ukraine ### argentina , albania , croatia , bosnia and herzegovina , brazil , chile , china , former yugoslav republic of macedonia , french overseas territories , republic of korea , iceland , india , israel , kazakhstan , mexico , montenegro , morocco , russia , serbia , singapore , south africa , tunisia , turkey , ukraine , united arab emirates


### for the purposes of this authorisation , ' a low - value shipment ' means items which are comprised in a single export order and are dispatched by an exporter to a named consignee in one or more consignments the aggregate value of which does not exceed €5 000 . for this purpose , ' value ' means the price billed to the consignee ; if there is no consignee or determinable price , it is the statistical value . ### for the purpose of this authorisation , ' a low - value shipment ' means items which are comprised in a single export contract and are dispatched by an exporter to a named consignee in one or more consignments the aggregate value of which does not exceed € 5000 . if a transaction or act proves to be part of a single economic operation , the value of the whole operation shall be taken as a basis when applying the value limits of this authorisation . for this purpose , ' value ' means the price billed to the consignee ; if there is no consignee or determinable price , it is the statistical value . for the calculation of the statistical value article 28ff of customs code shall apply . for the calculation only the values of the goods subject to an export authorisation have to be taken into account . the real value of the goods has to be taken as a basis for the calculation , i . e . that additional costs for example for packing and transport are not taken into account . this calculation presumes that the additional costs really arise or do not contain any additional factors which have an influence on the value of the good . for this purpose these amounts must be reported separately on the bill . otherwise , the amount stated is the basis for the calculation .


### in order to create new community general export authorisations for certain nonsensitive dual - use items to certain non - sensitive countries , the relevant provisions of regulation no 1334 / 2000 need to be amended by the addition of new annexes . ### in order to create new union general export authorisations for certain non - sensitive dual - use items to certain non - sensitive countries , the relevant provisions of regulation no 428 / 2009 need to be amended by the addition of new annexes .


### in order to create new community general export authorisations for certain non - sensitive dual - use items to certain non - sensitive countries , the relevant provisions of regulation no 1334 / 2000 need to be amended by the addition of new annexes . ### in order to create new union general export authorisations for certain specific dual - use items to certain specific countries , the relevant provisions of regulation no 428 / 2009 need to be amended by the addition of new annexes .


### inform the competent authorities of the member state where he is established ) of first use of the authorisation no later than 30 days after the date of first export ; ### notify the competent authorities of the member state where he is established ) and the commission of the first use of this authorisation prior to the date of first export . reporting requirements attached to the use of this authorisation and the additional information that the member state from which the export takes place shall require on items exported under this authorisation are defined by member states . a member state shall require the exporters established in that member state to register prior to the first use of this authorisation . registration shall be automatic and acknowledged by the competent authorities to the exporter without delay and in any case within 10 working days of receipt of the registration request . where applicable the requirements set out in the second and third subparagraphs of this paragraph shall be based on those defined for the use of national general export authorisations granted by those member states which provide for such authorisations . any exporter who uses this general authorisation shall every six months inform the relevant national authority of the member state where he is established and the commission of the quantity , value and country of destination of each item exported . this information shall include a description of the items exported along with the relevant control list reference as set out in annex 1 of this regulation . member states shall notify the commission of the notification mechanism chosen for this general export authorisation . the commission shall publish the information notified to it in the c series of the official journal of the european union .


### argentina , croatia , russia , south africa , south korea , turkey , ukraine ### argentina , china , croatia , iceland , india , republic of korea , russia , south africa , turkey , ukraine .


### inform the competent authorities of the member state where he is established ) of first use of the authorisation no later than 30 days after the date of first export ; ### notify the competent authorities of the member state where he is established ) and the commission of the first use of this authorisation prior to the date of first export . reporting requirements attached to the use of this authorisation and the additional information that the member state from which the export take place shall require on items exported under this authorisation are defined by member states . a member state shall require the exporters established in that member state to register prior to the first use of this authorisation . registration shall be automatic and acknowledged by the competent authorities to the exporter without delay and in any case within 10 working days of receipt of the registration request . where applicable the requirements set out in the second and third subparagraphs shall be based on those defined for the use of national general export authorisations granted by those member states which provide for such authorisations . any exporter who uses this general authorisation shall every six months inform the relevant national authority of the member state where he is established and the commission of the quantity , value and country of destination of each item exported . this information shall include a description of the items exported along with the relevant control list reference as set out in annex 1 of this regulation . member states shall notify the commission of the notification mechanism chosen for this general export authorisation . the commission shall publish the information notified to it in the c series of the official journal of the european union .


### promoting social inclusion and combating poverty ### promoting social inclusion and combating poverty , paying particular attention to the situation of women who constitute a vulnerable group as regards social exclusion , insecurity and poverty ;


### enhancing institutional capacity and an efficient public administration ### enhancing institutional capacity and an efficient public administration and taking care to promote the principle of equal representation between men and women in decision - taking positions .


### in the context of its effort to increase economic , territorial and social cohesion , the union should , at all stages of implementation of the csf funds , aim at eliminating inequalities and promoting equality between men and women , as well as combating discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . ### in the context of its effort to increase economic , territorial and social cohesion , the union should , at all stages of implementation of the csf funds , aim at eliminating all types of inequality , discrimination and violence based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation and promoting women ' s rights and equality between men and women .


### the member states and the commission shall ensure that equality between men and women and the integration of gender perspective is promoted in the preparation and implementation of programmes . ### the member states and the commission shall ensure that equality between men and women and the integration of gender perspective is promoted in the preparation and implementation of programmes and in evaluating and reporting on them .


### investing in education , skills and lifelong learning ; ### investing in education , skills and lifelong learning , emphasizing the importance of this aspect for the social advancement of women and strengthening their capacities which contributes to their participation in political , economic and social life ;


### promoting employment and supporting labour mobility ; ### promoting employment and supporting labour mobility , paying particular attention to women ' s access to the labour market and the conditions relating to such access ;


### to offer a public regulated service restricted to government - authorised users , for sensitive applications which require a high level of service continuity ; this service uses strong , encrypted signals ; ### to offer a public regulated service restricted to government - authorised users , for sensitive applications which require a high level of service continuity . this service shall use strong , encrypted signals and shall be offered free of charge to the member states , the union institutions including the european external action service ;


### the priorities shall be implemented as defined in annex i . ### the financial facility shall be a debt instrument providing guarantees , technical expertise and capacity to assess and cover risks and , potentially , capital relief , for projects in the cultural and creative sectors through leverage opportunities for financial intermediaries .


### the financial envelope for implementing this programme for the period set out in article 1 is fixed at eur 1 801 000 000 . ### within the meaning of point [ 17 ] of the interinstitutional agreement of . . . / . . . . between the european parliament , the council and the commission on cooperation in budgetary matters and on sound financial management , the prime&#160 ; reference amount&#160 ; for the budgetary authority during the annual budgetary procedure in terms of the financial envelope for implementing this programme for the period set out in article 1 is fixed at eur 1 801 000 000 . the programme shall consist of three strands with the following breakdown : 15% for the cross - sectoral strand , 30% for the culture strand and 55% for the media strand .


### in the event of renewal or upgrading of existing subsystems , the applicant shall send to the national safety authority or the agency , a file describing the project . the national safety authority or the agency shall examine this file and shall decide , on the basis of the criteria set out in paragraph 5 , whether a new authorisation for placing in service is needed . the national safety authority and the agency shall take their decisions within a pre - determined , reasonable time , and , in any case , within four months from receipt of all relevant information . ### in the event of renewal or upgrading of existing subsystems , the applicant shall send to the national safety authority a file describing the project . the national safety authority shall examine this file and shall decide , on the basis of the criteria set out in paragraph 5 , whether a new authorisation for placing in service is needed . the national safety authority shall take their decisions within a pre - determined , reasonable time , and , in any case , within four months from receipt of all relevant information .


### ‘ upgrading’ means any modification work on a subsystem or part of it which results in a change in the technical file accompanying the ' ec ' declaration of verification , if this technical file exists , and which improves the overall performance of the subsystem ; ### ) ‘ upgrading’ means any major modification work on a subsystem or part of it , or on a vehicle or part of it , which improves the overall performance of the subsystem ; each tsi specifies the ‘ major’ modifications for the subsystem or vehicle concerned ;


### at the request of the applicant , the vehicle authorisation for placing on the market may include a clear indication of the networks or lines or groups of networks or lines where the railway undertaking may place such a vehicle in service without further verifications , checks or tests concerning the technical compatibility between the vehicle and these networks or lines . in that case , the applicant shall include in its request the proof of the technical compatibility of the vehicle with the networks or lines concerned . ### the vehicle authorisation for placing on the market includes a clear indication of the networks or lines or groups of networks or lines where the railway undertaking may place such a vehicle in service without further verifications , checks or tests concerning the technical compatibility between the vehicle and these networks or lines . this indication may be extended to other networks or lines , at the request of the original or another applicant , after the relevant authorisation for placing on the market has been issued .


### railway undertakings shall place in service a vehicle only after having checked , , in consultation with the infrastructure manager , the technical compatibility between the vehicle and the route and the safe integration of the vehicle into the system in which it is intended to operate , established on the basis of the relevant tsis , national rules , registers , and the common safety methods set out in article 6 of directive . ### before a railway undertaking uses a vehicle in the area of use specified in its authorisation for placing on the market , it shall check , in consultation with the infrastructure manager , the technical compatibility between the vehicle and the route and the safe integration of the vehicle into the system in which it is intended to operate , established on the basis of the relevant tsis , national rules , registers , the common safety methods set out in article 6 of directive and the train composition of the vehicle into the train in which it is intended to operate , on the basis of the safety management system as set out in article 9 of directive . . . / . . . [ railway safety directive ] and the tsi on operation and traffic management


### each national safety authority shall authorise the placing in service of the energy and infrastructure subsystems which are located or operated in the territory of its member state . ### each national safety authority shall operate as a one - stop shop for all permanently installed system components : energy and infrastructure systems , rail control command and signalling facilities , plus the subsystems thereof , located in the territory of its member state .


### ‘ upgrading’ means any modification work on a subsystem or part of it which results in a change in the technical file accompanying the ‘ ec’ declaration of verification , if this technical file exists , and which improves the overall performance of the subsystem ; ### ' upgrading ' means any major modification work on a subsystem , a vehicle or part of it , and which improves the overall performance of the subsystem . each tsi shall specify ' major ' for the relevant subsystems or vehicle ;


### ‘ disabled person and person with reduced mobility’ shall include any person who has a permanent or temporary physical , mental , intellectual or sensory impairment which , in interaction with various barriers , may hinder their full and effective use of transport on an equal basis with other passengers or whose mobility when using transport is reduced due to age . ### ‘ person with disabilities and person with reduced mobility’ shall include any person who has a permanent or temporary physical , mental , intellectual or sensory impairment which , in interaction with various barriers , may hinder their full and effective use of transport on an equal basis with other passengers or whose mobility when using transport is reduced due to age .


### this directive&#160 ; establishes the conditions to be met to achieve interoperability within the&#160 ; union ' s rail system in a manner compatible with the provisions of directive&#160 ; [ &#8230 ; / &#8230 ; on the safety of the rail system within the union ] . these conditions concern the design , construction , placing in service , upgrading , renewal , operation and maintenance of the parts of this system as well as the professional qualifications and health and safety conditions of the staff who contribute to its operation and maintenance . ### this directive establishes the conditions to be met to achieve interoperability within the union ' s rail system in a manner compatible with the provisions of directive [ &#8230 ; / &#8230 ; on the safety of the rail system within the union ] . these conditions concern the design , construction , placing in service , upgrading , renewal , operation and maintenance of the parts of this system as well as the professional qualifications and health and safety conditions of the staff who contribute to its operation and maintenance . the pursuit of this objective must lead to the definition of an optimal level of technical harmonisation and make it possible to contribute to the progressive creation of the internal market in equipment and services for the construction , renewal , upgrading and operation of the rail system within the union .


### ‘ national rules’ means all binding rules containing railway safety or technical requirements imposed at member state level and applicable to railway undertakings , irrespective of the body issuing them ; ### ‘ national rules’ means all binding rules notified by a member state containing railway safety , operational or technical requirements imposed at member state level and applicable to railway actors , irrespective of the body issuing them . only notified national rules shall be mandatory .


### railway undertakings shall place in service a vehicle only after having checked , , in consultation with the infrastructure manager , the technical compatibility between the vehicle and the route and the safe integration of the vehicle into the system in which it is intended to operate , established on the basis of the relevant tsis , national rules , registers , and the common safety methods set out in article 6 of directive . ### railway undertakings shall place in service a vehicle only after having checked , using the information of the rinf , the technical compatibility and safe integration between the vehicle and the route of the vehicle into the system in which it is intended to operate , established on the basis of the relevant tsis , national rules , registers , and the common safety methods set out in article 6 of directive . in order to help the railway undertakings to check the technical compatibility and safe integration between the vehicle and the route , the infrastructure manager , on request , shall provide the railway undertakings with additional information related to the route characteristics .


### ‘ renewal’ means any substitution work on a subsystem or part of it which does not change the overall performance of the subsystem ; ### ‘ renewal’ means any major substitution work on a subsystem or part of it which does not change the overall performance of the subsystem means any substitution work on a subsystem or part of it which does not change the overall performance of the subsystem ;


### however , if the agency issues a vehicle authorisation for placing on the market , it shall at the same time issue the authorisation to place the corresponding vehicle type on the market . ### however , if the national safety authority of the member state in which the applicant is established issues a vehicle authorisation for placing on the market , it shall at the same time issue the authorisation to place the corresponding vehicle type on the market .


### in the event of renewal or upgrading of existing subsystems , the applicant shall send to the national safety authority or the agency , a file describing the project . the national safety authority or the agency shall examine this file and shall decide , on the basis of the criteria set out in paragraph 5 , whether a new authorisation for placing in service is needed . the national safety authority and the agency shall take their decisions within a pre - determined , reasonable time , and , in any case , within four months from receipt of all relevant information . ### in the event of renewal or upgrading of existing subsystems , the applicant shall send to the national safety authority a file describing the project . the national safety authority shall examine this file and shall decide , on the basis of the criteria set out in paragraph 5 , whether a new authorisation for placing in service is needed . the national safety authority shall take its decision within a pre - determined , reasonable time , and , in any case , within four months from receipt of all relevant information from the applicant . within one month from receipt of the information , the national safety authority shall indicate to the applicant whether the file is complete or not


### subsystems shall comply with the tsis in force at the time of their placing in service , upgrading or renewal , in accordance with this directive ; this compliance shall be permanently maintained while each subsystem is in use . ### fixed subsystems shall comply with the tsis in force at the time of first appointment of a notified body and at the latest at the time of granting of building permits ; vehicles shall be in compliance with the tsis and national rules in force at the time of first appointment of a notified body . this compliance shall be permanently maintained while each subsystem is in use .


### ‘ upgrading’ means any modification work on a subsystem or part of it which results in a change in the technical file accompanying the ' ec ' declaration of verification , if this technical file exists , and which improves the overall performance of the subsystem ; ### ‘ upgrading’ means any significant modification work on a subsystem , a vehicle or part of it which improves the overall performance of the subsystem ; each tsi should be designated ' significant ' for the vehicle or subsystem concerned ;


### at the request of the applicant , the vehicle authorisation for placing on the market may include a clear indication of the networks or lines or groups of networks or lines where the railway undertaking may place such a vehicle in service without further verifications , checks or tests concerning the technical compatibility between the vehicle and these networks or lines . in that case , the applicant shall include in its request the proof of the technical compatibility of the vehicle with the networks or lines concerned . ### the vehicle authorization for placing on the market shall include a clear indication of the networks or lines or groups of networks or lines where the railway undertaking may place such a vehicle in service without further verifications , checks or tests concerning the technical compatibility between the vehicle and these networks or lines . the applicant shall include in its request the proof of the technical compatibility of the vehicle with the networks or lines concerned .


### the agency shall provide detailed guidance on how to obtain the vehicle authorisation for placing on the market . an application guidance document describing and explaining the requirements for the vehicle authorisation for placing on the market and listing the required documents shall be made available to applicants free of charge . the national safety authorities shall cooperate with the agency in disseminating such information . ### the agency shall provide detailed guidance on how to obtain the vehicle authorisation for placing on the market . an application guidance document describing and explaining the requirements for the vehicle authorisation for placing on the market and listing the required documents shall be made available to applicants free of charge . the national safety authorities shall cooperate with the agency in disseminating such information . the commission shall establish , by means of implementing acts and not later than two years after the entry into force of this directive , detailed rules for the authorisation procedure , including : detailed guidelines for applicants describing and explaining the authorisation requirements for placing a vehicle on the market and listing the documents required ; the procedural formalities for the authorisation procedure , such as the content and the time allowed for each stage of the process ; the assessment criteria for application files ; those implementing acts shall be adopted in accordance with the examination procedure referred to in article 48 .


### ‘ upgrading’ means any modification work on a subsystem or part of it which results in a change in the technical file accompanying the ‘ ec’ declaration of verification , if this technical file exists , and which improves the overall performance of the subsystem ; ### ‘ upgrading’ means any major modification work on a subsystem or part of it which results in a change in the technical file accompanying the ‘ ec’ declaration of verification , if this technical file exists , and which improves the overall performance of the subsystem . each tsi shall specify ' major ' for the relevant subsystems or vehicle ;


### at the request of the applicant , the vehicle authorisation for placing on the market may include a clear indication of the networks or lines or groups of networks or lines where the railway undertaking may place such a vehicle in service without further verifications , checks or tests concerning the technical compatibility between the vehicle and these networks or lines . in that case , the applicant shall include in its request the proof of the technical compatibility of the vehicle with the networks or lines concerned . ### the vehicle authorisation for placing on the market shall include a clear indication of the networks or lines or groups of networks or lines where the railway undertaking may place such a vehicle in service without further verifications , checks or tests concerning the technical compatibility between the vehicle and these networks or lines . in that case , the applicant shall include in its request the proof of the technical compatibility of the vehicle with the networks or lines concerned .


### in the event of changes to any relevant provisions in tsis or national rules , on the basis of which an authorisation to place a vehicle type on the market has been issued , the tsi or national rule shall determine whether the authorisation to place that vehicle type on the market already granted remains valid or needs to be renewed . if that authorisation needs to be renewed , the checks performed by the agency may only concern the changed rules . the renewal of the authorisation to place a vehicle type on the market does not affect vehicle authorisations for placing on the market already issued on the basis of the previous authorisation to place that vehicle type on the market . ### in the event of changes to any relevant provisions in tsis or national rules , on the basis of which an authorisation to place a vehicle type on the market has been issued , the tsi or national rule shall determine whether the authorisation to place that vehicle type on the market already granted remains valid or needs to be renewed . if that authorisation needs to be renewed , the checks performed by the national safety authority of the member state in which the applicant is established may only concern the changed rules . the renewal of the authorisation to place a vehicle type on the market does not affect vehicle authorisations for placing on the market already issued on the basis of the previous authorisation to place that vehicle type on the market .


### the applicant may bring an appeal before the board of appeal designated under article 51 of regulation no … / … [ establishing a european railway agency ] against decisions of the agency or its failure to act within the time limits referred to in paragraph 5 . ### the applicant may bring an appeal before the agency against the decision of the national safety authority of the member state in which the applicant is established or because of failure to act within the time limits referred to in paragraph 5 - 5e . the agency shall make its decision solely on the basis of the documentation .


### any amendment of the technical file referred to in paragraph 3 that has an impact on the verifications carried out implies the need to establish a new ‘ ec’ declaration of verification . ### any upgrading implies the need to establish a new ' ec ' declaration of verification .


### ‘ upgrading’ means any modification work on a subsystem or part of it which results in a change in the technical file accompanying the ‘ ec’ declaration of verification , if this technical file exists , and which improves the overall performance of the subsystem ; ### ' upgrading ' means any major modification work on a subsystem , a vehicle or part of it , and which improves the overall performance of the subsystem . each tsi shall specify ' major ' for the relevant subsystems or vehicle ;


### the registration holder shall immediately declare any modification to the data entered in the national vehicle register , the destruction of a vehicle or its decision to no longer register a vehicle , to the national safety authority of any member state where the vehicle has been placed in service . ### the registration holder shall immediately declare any modification to the data entered in the european vehicle register , the destruction of a vehicle or its decision to no longer register a vehicle , to the agency .


### ‘ renewal’ means any substitution work on a subsystem or part of it which does not change the overall performance of the subsystem ; ### ' renewal ' means any significant substitution work on a subsystem , a vehicle or part of it which does not change the overall performance of the subsystem ; each tsi should be designated ' significant ' for the vehicle or subsystem concerned ;


### ‘ upgrading’ means any modification work on a subsystem or part of it which results in a change in the technical file accompanying the ' ec ' declaration of verification , if this technical file exists , and which improves the overall performance of the subsystem ; ### ) ‘ upgrading’ means any major modification work on a subsystem or part of it , or on a vehicle or part of it , which improves the overall performance of the subsystem ; each tsi specifies the ‘ major’ modifications for the subsystem or vehicle concerned ;


### the agency shall take the decisions referred to in paragraph 2 within a pre - determined , reasonable time , and , in any case , within four months from receipt of all relevant information . these authorisations shall be valid in all member states . ### the vehicle authorisation for placing on the market shall be issued by the national safety authority of the member state in which the applicant is established , with the involvement of the national safety authorities of all member states where the vehicle will be used . if the railway undertaking intends to use the vehicle in only one member state , the national safety authority of the member state concerned shall issue the vehicle authorisation for placing on the market without involving the national safety authority of any other member state . in this case , the vehicle may not be used for activities of the railway undertaking in other member states .


### the agency shall provide detailed guidance on how to obtain the authorisation to place vehicle types on the market . an application guidance document describing and explaining the requirements for the authorisation to place vehicle types on the market and listing the required documents shall be made available to applicants free of charge . the national safety authorities shall cooperate with the agency in disseminating such information . ### the agency shall , together with the national safety authorities , provide detailed guidance on how to obtain the authorisation to place vehicle types on the market . an application guidance document describing and explaining the requirements for the authorisation to place vehicle types on the market and listing the required documents shall be made available to applicants by the agency free of charge .


### ‘ renewal’ means any substitution work on a subsystem or part of it which does not change the overall performance of the subsystem ; ### ‘ renewal’ means any major substitution work on a subsystem or vehicle or part thereof which does not change the overall performance of the subsystem or vehicle ; each tsi specifies the ‘ major’ renewals for the subsystem or vehicle concerned ;


### the commission shall establish , by means of implementing acts , the classification of the notified national rules in different groups with the aim of facilitating the compatibility checks between fixed and mobile equipment . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 48 . ### the commission shall establish , by means of implementing acts , the classification of the notified national rules in different groups with the aim of facilitating the cross - acceptance in different member states and the compatibility checks between fixed and mobile equipment . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 48 . the agency shall classify , in accordance with those implementing acts , the national rules notified in accordance with this article , and shall publish the corresponding register . that register shall also list any acceptable national means of compliance .


### the agency may issue vehicle authorisation for placing on the market for a series of vehicles . those authorisations shall be valid in all member states . ### the agency may issue vehicle authorisation for placing on the market for a series of vehicles . those authorisations shall be valid in all member states where ‘ marketing’ is concerned and throughout the relevant field of application described in paragraph 1a for ‘ use’ .


### for any proposed renewal , extension or upgrading of an existing subsystem or part of it , when the application of these tsis would compromise the economic viability of the project . ### for any proposed renewal , extension or upgrading of an existing subsystem or part of it , when the application of these tsis would compromise the economic viability of the project and / or the compatibility of the rail system in that member state ;


### it shall be accessible to the national safety authorities and investigating bodies designated in articles 16 and 21 of directive [ … / … on the safety of the rail system within the union ] ; it shall also be made accessible , in response to any legitimate request , to the regulatory bodies designated in articles 55 and 56 of directive 2012 / 34 / eu of the european parliament and of the council of 21 november 2012 establishing a single european railway area , and to the agency , the railway undertakings and the infrastructure managers , as well as those persons or organisations registering vehicles or identified in the register . ### it shall be accessible to the public ;


### in the event of renewal or upgrading of existing subsystems , the applicant shall send to the national safety authority or the agency , a file describing the project . the national safety authority or the agency shall examine this file and shall decide , on the basis of the criteria set out in paragraph 5 , whether a new authorisation for placing in service is needed . the national safety authority and the agency shall take their decisions within a pre - determined , reasonable time , and , in any case , within four months from receipt of all relevant information . ### in the event of renewal or upgrading of existing subsystems , the applicant shall send to the national safety authority a file describing the project . the national safety authority shall examine this file and shall decide , on the basis of the criteria set out in paragraph 5 , whether a new authorisation for placing in service is needed . the national safety authority shall take its decision within a pre - determined , reasonable time , and , in any case , within four months from receipt of all relevant information from the applicant . within one month from receipt of the information , the national safety authority shall indicate to the applicant whether the file is complete or not


### ‘ national rules’ means all binding rules containing railway safety or technical requirements imposed at member state level and applicable to railway undertakings , irrespective of the body issuing them ; ### ‘ national rules’ means all binding rules notified by a member state containing railway safety , operational or technical requirements imposed at member state ' s level and applicable to railway actors , irrespective of the body which issued them ;


### member states may continue to apply the provisions set out in chapter v of directive 2008 / 57 / ec until [ two years after the date of entry into force ] . ### member states may continue to apply the provisions set out in chapter v of directive 2008 / 57 / ec until [ five years after the date of entry into force ] .


### other registers , such as a register on accessibility , may also be associated to the register of infrastructure . ### other registers , such as a register on accessibility for persons with disabilities and persons with reduced mobility , shall also be associated to the register of infrastructure .


### each national safety authority shall authorise the placing in service of the energy and infrastructure subsystems which are located or operated in the territory of its member state . ### each national safety authority shall act as a one - stop - shop for all fixed installations : energy , infrastructure and trackside control command and signalling subsystems which are located or operated in the territory of its member state . for trackside ertms , the nsa shall consult era being the decision making authority . for all other fixed installations the nsa shall be the decision making authority . .


### in the event of renewal or upgrading of existing subsystems , the applicant shall send to the national safety authority or the agency , a file describing the project . the national safety authority or the agency shall examine this file and shall decide , on the basis of the criteria set out in paragraph 5 , whether a new authorisation for placing in service is needed . the national safety authority and the agency shall take their decisions within a pre - determined , reasonable time , and , in any case , within four months from receipt of all relevant information . ### in the event of renewal or upgrading of existing subsystems , the applicant shall send to the agency a file describing the project . the agency shall examine this file and shall decide , on the basis of the criteria set out in paragraph 5 , whether a new authorisation for placing in service is needed . the agency shall take its decision within a pre - determined , reasonable time , and , in any case , within four months from receipt of all relevant information from the applicant . within one month from receipt of the information , the agency shall indicate to the applicant whether the file is complete or not .


### each national safety authority shall authorise the placing in service of the energy and infrastructure subsystems which are located or operated in the territory of its member state . ### each national safety authority shall authorise the placing in service of the energy and infrastructure subsystems and of the trackside control - command and signalling sub - systems which are located or operated in the territory of its member state .


### the agency shall issue decisions granting vehicle authorisations for placing on the market . those authorisations attest the values of the parameters relevant for checking the technical compatibility between the vehicle and the fixed installations as set out in the tsis . the vehicle authorisation for placing on the market shall also provide information about the vehicle’s compliance with the relevant tsis and sets of national rules , related to these parameters . ### those authorisations attest the values of the parameters relevant for checking the technical compatibility between the vehicle and the fixed installations as set out in the tsis . the vehicle authorisation for placing on the market shall also provide information about the vehicle’s compliance with the relevant tsis and sets of national rules , related to these parameters .


### at the request of the applicant , the vehicle authorisation for placing on the market may include a clear indication of the networks or lines or groups of networks or lines where the railway undertaking may place such a vehicle in service without further verifications , checks or tests concerning the technical compatibility between the vehicle and these networks or lines . in that case , the applicant shall include in its request the proof of the technical compatibility of the vehicle with the networks or lines concerned . ### the vehicle authorization for placing on the market shall include a clear indication of the networks or lines or groups of networks or lines where the railway undertaking may place such a vehicle in service without further verifications , checks or tests concerning the technical compatibility between the vehicle and these networks or lines . the applicant shall include in its request the proof of the technical compatibility of the vehicle with the networks or lines concerned .


### the railway undertaking operating a vehicle shall ensure the vehicle is marked with the assigned evn . ### the registration holder shall ensure that the vehicle bears the correct european vehicle number . the railway undertaking operating a vehicle shall check the registration of the vehicle .


### indicate the parameters to be checked by the railway undertaking and the procedures to be applied to check those parameters after the delivery of the vehicle authorisation for placing on the market and before the decision for placing in service to ensure the compatibility between vehicles and routes on which they are intended to be operated ; ### indicate the parameters to be checked to ensure the compatibility between vehicles and routes on which they are intended to be operated ;


### a vehicle shall be placed on the market only after having received the vehicle authorisation for placing on the market issued by the agency in accordance with paragraph 5 . ### a vehicle shall be placed on the market only after having received the vehicle authorisation for placing on the market issued by the national safety authority of the member state in which the applicant is established in accordance with paragraph 5 .


### sound technical and vocational training covering all the conformity assessment activities in relation to which the conformity assessment body has been notified ; ### sound technical and vocational training covering all the conformity assessment activities in relation to which the conformity assessment body has been notified as well as training on accessibility issues ;


### determine the interoperability constituents and interfaces which must be covered by european specifications , including european standards , which are necessary to achieve interoperability within the rail system ; ### determine the interoperability constituents and interfaces which must be covered by european specifications , including european standards , which are necessary to achieve interoperability within the rail system ; this includes identifying potential railway spare parts to be standardised in accordance with article 41 of the regulation on the european union agency for railways and repealing regulation no 881 / 2004 ;


### subsystems shall comply with the tsis in force at the time of their placing in service , upgrading or renewal , in accordance with this directive ; this compliance shall be permanently maintained while each subsystem is in use . ### fixed subsystems shall comply with the tsis in force at the time of first appointment of a notified body and at the latest at the time of granting of building permits ; vehicles shall be in compliance with the tsis and national rules in force at the time of first appointment of a notified body . this compliance shall be permanently maintained while each subsystem is in use .


### the united nations convention on the rights of persons with disabilities to which the union is a party establishes accessibility as one of its general principles and requires states parties to take appropriate measures to ensure to persons with disabilities access on an equal basis with others , including by developing , promulgating and monitoring the implementation of minimum standards and guidelines for accessibility . accessibility is therefore an important requirement for the interoperability of the rail system . ### the united nations convention on the rights of persons with disabilities to which the union is a party establishes accessibility as one of its general principles and requires states parties to take appropriate measures to ensure to persons with disabilities access on an equal basis with others , including by developing , promulgating and monitoring the implementation of minimum standards and guidelines for accessibility . accessibility for persons with disabilities and persons with reduced mobility is therefore an important requirement for the interoperability of the rail system .


### any amendment of the technical file referred to in paragraph 3 that has an impact on the verifications carried out implies the need to establish a new ‘ ec’ declaration of verification . ### any upgrading implies the need to establish a new ' ec ' declaration of verification .


### the agency shall grant authorisations to place vehicle types on the market . ### the national safety authority of the member state in which the applicant is established shall issue authorisations to place vehicle types on the market .


### in the context of an ageing society , well - directed investments to promote health and prevent diseases can increase the number of ‘ healthy life years’ and thus enable the elderly to continue working as they grow older . chronic diseases are responsible for over 80% of premature mortality in the eu . by identifying , disseminating and promoting the up - take of validated best practices for cost - effective prevention measures focused on the key risk factors , namely smoking , abuse of alcohol and obesity , as well as on hiv / aids , the programme will contribute to prevent diseases and promote good health , also bearing in mind underlying factors of a social and environmental nature . ### in the context of an ageing society , well - directed investments to promote health and prevent diseases can increase the number of ‘ healthy life years’ and thus enable the elderly to continue working as they grow older . chronic diseases are responsible for over 80% of premature mortality in the eu . by identifying , disseminating and promoting the up - take of validated best practices for cost - effective prevention measures focused on the key risk factors , namely smoking , abuse of alcohol , a sedentary lifestyle , bad eating habits , environmental pollution , obesity , and hiv / aids , the programme will contribute to preventing diseases and promoting good health , also bearing in mind underlying factors of a social and environmental nature .


### 1 cost - effective promotion and prevention measures : this will include actions towards the setting up of pan - european networks and partnerships engaging wide range of actors in communication and awareness raising actions on key health issues such as smoking prevention , abuse of alcohol , addressing obesity with a focus on the cross - border dimension and on member states with no or little action on these issues . ### cost - effective promotion and prevention measures : this will include actions towards the setting - up of pan - european networks and partnerships engaging a wide range of actors in communication and awareness - raising actions on key health issues such as smoking prevention , abuse of alcohol , sedentary lifestyles , bad eating habits , environmental pollution , and addressing obesity , with a focus on the cross - border dimension and on member states with no or little action on these issues .


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


### the term of a framework agreement shall not exceed four years , save in exceptional cases duly justified , in particular by the subject of the framework agreement . ### the term of a framework agreement shall not exceed four years , unless , due to the specific nature of the subject of the agreement , a longer term needs to be established .


### contracting entities may decide not to award a contract to the tenderer submitting the best tender where they have established that the tender does not comply , at least in an equivalent manner , with obligations established by union legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in annex xiv . ### contracting entities shall not award a contract to the tenderer submitting the best tender where they have established that the tender does not comply with obligations in the field of social and labour law or environmental law established by union or national legislation or collective agreements which apply in the place where the work , service or supply is performed , or by the international social and environmental law provisions listed in annex xiv or with obligations in the field of intellectual property law .


### research and innovation , including eco - innovation and social innovation , are among the main drivers of future growth and have been put at the centre of the europe 2020 strategy for smart , sustainable and inclusive growth . contracting entities should make the best strategic use of public procurement to spur innovation . buying innovative goods and services plays a key role in improving the efficiency and quality of public services while addressing major societal challenges . it contributes to achieving best value for money as well as wider economic , environmental and societal benefits in terms of generating new ideas , translating them into innovative products and services and thus promoting sustainable economic growth . this directive should contribute to facilitating procurement of innovation and help member states in achieving the innovation union targets . a specific procurement procedure should therefore be provided for which allows contracting entities to establish a long - term innovation partnership for the development and subsequent purchase of a new , innovative product , service or works provided it can be delivered to agreed performance levels and costs . the partnership should be structured in such a way that it can provide the necessary ‘ market - pull’ incentivising the development of an innovative solution without foreclosing the market . ### research and innovation , including eco - innovation and social innovation , are among the main drivers of future growth and have been put at the centre of the europe 2020 strategy for smart , sustainable and inclusive growth . public authorities should make the best strategic use of public procurement to drive innovation . buying innovative goods and services plays a key role in improving the efficiency and quality of public services while addressing major societal challenges . it contributes to achieving best value for public money as well as wider economic , environmental and societal benefits in terms of generating new ideas , translating them into innovative products and services and promoting sustainable economic growth . an innovative procurement model is detailed in the commission ' s communication on pre - commercial procurement1 . this model promotes the take up in the procurement of research and development services which do not fall within the scope of this directive . this model , which has been written into this directive , is recognised and will be available for all contracting authorities to consider . this directive should however contribute to facilitating the public procurement of innovation more generally , and help member states in achieving the innovation union targets . where a need for the development of an innovative product , service or works and the subsequent purchase of the resulting output cannot be met by solutions already available on the market , contracting authorities should have access to a specific procurement procedure in respect of contracts falling within the scope of this directive . this new procedure should allow contracting authorities to establish an innovation partnership for the development and subsequent purchase of new , innovative products , services or works , provided that these can be delivered to agreed performance levels and costs . the procedure should be based on the rules applying to the competitive procedure with negotiations and contracts should be awarded on the sole basis of the most economically advantageous tender , which is the most suited to comparing tenders for innovative solutions . whether the innovation partnership concerns a very large project or a smaller project , it should be structured in such as a way that it can provide the necessary ' market pull ' , incentivising the development of innovative solutions without foreclosing the market . contracting authorities should therefore not misuse innovation partnerships to prevent , restrict or distort competition . __________________ 1 com 799 final : communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions on pre - commercial procurement : driving innovation to ensure sustainable high quality public services in europe .


### member states shall ensure that contracting entities may take into account the need to ensure quality , continuity , accessibility , availability and comprehensiveness of the services , the specific needs of different categories of users , the involvement and empowerment of users and innovation . member states may also provide that the choice of the service provider shall not be made solely on the basis of the price for the provision of the service . ### member states shall ensure that contracting entities may take into account the need to ensure a high level of quality , safety , continuity , accessibility , affordability , availability and comprehensiveness of the services , the specific needs of different categories of users , including disadvantaged and vulnerable groups , the necessity to promote the participation of smes , the involvement and empowerment of users and innovation . member states may also provide that the choice of the service provider shall not be made solely on the basis of the price for the provision of the service .


### tenders that appear abnormally low in relation to the works , supplies or services might be based on technically , economically or legally unsound assumptions or practices . in order to prevent possible disadvantages during contract performance , contracting entities should be obliged to ask for an explanation of the price charged where a tender significantly undercuts the prices demanded by other tenderers . where the tenderer cannot provide a sufficient explanation , the contracting entity should be entitled to reject the tender . rejection should be mandatory in cases where the contracting entity has established that the abnormally low price results from non - compliance with mandatory union legislation in the fields of social , labour or environmental law or international labour law provisions . ### tenders that appear abnormally low in relation to the works , supplies or services might be based on technically , economically or legally unsound assumptions or practices . in order to prevent possible disadvantages during contract performance , contracting entities should be obliged to ask for an explanation of the price charged where a tender significantly undercuts the prices demanded by other tenderers . where the tenderer cannot provide a sufficient explanation , the contracting entity should reject the tender . rejection should be also mandatory in cases where the contracting entity has established that the abnormally low price results from non - compliance with national , international and european union legislation , in particular in the fields of social , labour or environmental law .


### financial services in connection with the issue , sale , purchase or transfer of securities or other financial instruments within the meaning of directive 2004 / 39 / ec of the european parliament and of the council and operations conducted with the european financial stability facility ; ### financial services in connection with the issue , sale , purchase or transfer of securities or other financial instruments within the meaning of directive 2004 / 39 / ec of the european parliament and of the council3 , central bank services and operations conducted with the european financial stability facility , or transactions by the contracting authorities to raise money or capital ;


### paragraph 1 also applies where a controlled entity which is a contracting authority awards a contract to its controlling entity , or to another legal person controlled by the same contracting authority , provided that there is no private participation in the legal person being awarded the public contract . ### paragraph 1 also applies where a controlled entity which is a contracting authority awards a contract to its controlling entity or entities , or to another legal person controlled by the same contracting authority , provided that there is no private participation in the legal person being awarded the public contract .


### the term of a framework agreement shall not exceed four years , save in exceptional cases duly justified , in particular by the subject of the framework agreement . ### a framework agreement shall not exceed the term put in place by national provisions of the individual member states . the term of a framework agreement regarding the maintenance is based on the life cycle of the work or supply .


### in procedures for awarding supply or service contracts , contracting entities that have authorised variants shall not reject a variant on the sole ground that it would , where successful , lead either to a service contract rather than a supply contract or to a supply contract rather than a service contract . ### in procedures for awarding supply or service contracts , contracting entities shall not reject a variant on the sole ground that it would , where successful , lead either to a service contract rather than a supply contract or to a supply contract rather than a service contract .


### 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 , including taxes , 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 .


### upon request submitted in accordance with paragraph 1 of this article , the commission may , by way of an implementing decision adopted within the periods set out in paragraph 4 of this article , establish whether an activity referred to in articles 5 to 11 is directly exposed to competition on the basis of the criteria set out in article 27 . those implementing decisions shall be adopted in accordance with the advisory procedure referred to in article 100 . ### upon request submitted in accordance with paragraph 1 of this article , the commission may , by way of an implementing decision adopted within the periods set out in paragraph 4 of this article , establish whether an activity , or of a single sector or segment of it , referred to in articles 5 to 11 is directly exposed to competition on the basis of the criteria set out in article 27 . those implementing decisions shall be adopted in accordance with the advisory procedure referred to in article 100 .


### the price or cost charged is more than 20 % lower than the price or costs of the second lowest tender ; ### the price or cost indicated in a tender is at least 20 % lower than the price of the second lowest tender ,


### rail freight transport ### rail transport


### ‘ life cycle’ means all consecutive and / or interlinked stages , including production , transport , use and maintenance , throughout the existence of a product or a works or the provision of a service , from raw material acquisition or generation of resources to disposal , clearance and finalisation ; ### ‘ life cycle’ means all consecutive and / or interlinked stages , including research , development , transport , use and maintenance , throughout the existence of a product or a works or the provision of a service , provided data in relation to these are measurable and can be collated in a meaningful manner .


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