### 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 .


### ‘ 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 subsystem 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 ;


### ‘ 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 ;


### ‘ 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 , or technical requirements imposed at member state level and applicable to railway actors , irrespective of the body issuing them .


### during the preparatory work on tsis the commission may formulate any terms of reference or useful recommendations concerning the design of the tsis and the cost - benefit analysis . in particular , the commission may , require that alternative solutions be examined and that the assessment of the cost and benefits of these alternative solutions be set out in the report annexed to the draft tsi . ### the committee referred to in article 48 shall be kept regularly informed of the preparatory work on the tsis . during this work on tsis the commission may , at the request of the committee , formulate any terms of reference or useful recommendations concerning the design of the tsis and the cost - benefit analysis . in particular , the commission may , at the request of a member state , require that alternative solutions be examined and that the assessment of the cost and benefits of these alternative solutions be set out in the report annexed to the draft tsi .


### member states shall notify the full text of existing national rules to the agency and the commission through the appropriate it system in accordance with article 23 of regulation no … / … [ agency regulation ] . ### member states shall notify the full text of existing national rules to the agency and the commission through the appropriate it system in accordance with article 23 of regulation no … / … [ agency regulation ] . member states shall submit the full text if possible , otherwise at least the reference to the appropriate document .


### 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 , and in particular the classification into those related to paragraphs 1b , or in article 20 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 48 .


### if a member state intends to introduce a new national rule , it shall notify the draft to the agency and the commission through the appropriate it system in accordance with article 23 of regulation no … / … [ agency regulation ] . ### if a member state intends to introduce a new national rule , it shall notify the draft at the initial stage of development to the agency and the commission through the appropriate it system in accordance with article 23 of regulation no . . . / . . . [ agency regulation ] .


### the task of the notified conformity assessment body responsible for the ' ec ' verification of a subsystem shall begin at the design stage and cover the entire manufacturing period through to the acceptance stage before the subsystem is placed in service . it may also cover verification of the interfaces of the subsystem in question with the system into which it is incorporated , based on the information available in the relevant tsi and in the registers provided for in articles 44 and 45 . ### the task of the notified conformity assessment body responsible for the ' ec ' verification of a subsystem shall begin at the design stage and cover the entire manufacturing period through to the acceptance stage before the subsystem is placed in service . it shall also cover verification of the interfaces of the subsystem in question with the system into which it is incorporated , based on the information available in the relevant tsi and in the registers provided for in articles 44 and 45 .


### 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 . ### the agency shall issue decisions granting vehicle authorisations for placing on the market . this authorisation shall include : the marketing authorisation . this authorisation is valid in all member states and permits commercial transactions throughout europe . b ) the authorisation for the use of vehicles in the area referred to in paragraph 1a . this authorisation attests the values of the parameters relevant for checking the technical compatibility between the vehicle and the fixed installations of the area concerned 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 . the conditions for the use of the vehicle and other restrictions .


### 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 national safety authority of the member state in which the applicant is established may issue vehicle authorisation for placing on the market for a series of vehicles in accordance with the procedure set out in paragraphs 5 - 5e .


### 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 .


### to this aim , vehicles shall first receive the vehicle authorisation for placing on the market in accordance with article 20 . ### to this aim , the railway undertaking shall first obtain the vehicle authorisation for placing on the market in accordance with article 20 .


### any vehicle placed in service in the union ' s rail system shall carry a european vehicle number assigned by the national safety authority competent for the relevant territory before the first placing in service of the vehicle . ### the national safety authority competent for the territory where the vehicle is first placed in service in the union ' s rail system shall assign a european vehicle number at the latest by the date of commencement of operations


### 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 .


### each member state shall publish a register of infrastructure stating the values of the network parameters of each subsystem or part of subsystem concerned . ### each member state shall ensure that a register of infrastructure is published stating the values of the network parameters of each subsystem or part of subsystem concerned .


### every three years and for the first time&#160 ; three years after the publication of this directive , the commission shall report to the european parliament and the council on the progress made towards achieving interoperability of the rail system . that report shall also include an analysis of the cases set out in article&#160 ; 7&#160 ; and of the application of chapter v . ### every three years and for the first time&#160 ; three years after the publication of this directive , the commission shall report to the european parliament and the council on the progress made towards achieving interoperability of the rail system . that report shall also include an analysis of the cases set out in article&#160 ; 7&#160 ; and of the application of chapter v . on the basis of the findings of the report , the commission shall propose improvements and measures to strengthen the agency ' s role in implementing interoperability .


### directive 2008 / 57 / ec , as amended by the directives listed in annex iv , part a , is repealed with effect from [ two years after the date of entry into force ] , without prejudice to the obligations of the member states relating to the time limits for the transposition into national law of the directives set out in annex iv , part b . ### a iv . directive 2008 / 57 / ec , as amended by the directives listed in annex iv , part a , is repealed with effect from [ five years after the date of entry into force ] , without prejudice to the obligations of the member states relating to the time limits for the transposition into national law of the directives set out in annex iv , part b .


### the world health organisation european health report 2009 identifies scope for increasing investment in public health and health systems . in this regard , member states are encouraged to identify health improvement as a priority in their national programmes and to benefit from better awareness of the possibilities of eu funding for health . therefore , the programme should facilitate the uptake of its results into the national health policies . ### the world health organisation european health report 2009 identifies scope for increasing investment in public health and health systems . in this regard , member states are encouraged to identify health improvement as a priority in their national programmes and to benefit from better awareness of the possibilities of eu funding for health . to ensure that the programme can usefully facilitate the uptake of its results into the national health policies , european resources should be granted only to national programmes meeting given requirements .


### 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 .


### to identify , disseminate and promote the up - take of validated best practices for cost - effective prevention measure by addressing the key risk factors , namely smoking , abuse of alcohol and obesity , as well as hiv / aids , with a focus on the cross border dimension , in order to prevent diseases and promote good health . ### to identify , disseminate and promote the up - take of validated best practices for cost - effective prevention measures by addressing the key risk factors , namely smoking , abuse of alcohol , a sedentary lifestyle , bad eating habits , environmental pollution , obesity , and hiv / aids , with a focus on the cross - border dimension , in order to prevent diseases and promote good health .


### 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 .


### public procurement plays a key role in the europe 2020 strategy as one of the market - based instruments to be used to achieve a smart , sustainable and inclusive growth while ensuring the most efficient use of public funds . for that purpose , the current public procurement rules adopted pursuant to directive 2004 / 17 / ec of the european parliament and of the council of 31 march 2004 coordinating the procurement procedures of entities operating in the water , energy , transport and postal services sectors and directive 2004 / 18 / ec of the european parliament and of the council of 31 march 2004 on the coordination of procedures for the award of public works contracts , public supply contracts and public service contracts have to be revised and modernised in order to increase the efficiency of public spending , facilitating in particular the participation of small and medium - sized enterprises in public procurement and to enable procurers to make better use of public procurement in support of common societal goals . there is also a need to clarify basic notions and concepts to ensure better legal certainty and to incorporate certain aspects of related well - established case - law of the court of justice of the european union . ### public procurement plays a key role in the europe 2020 strategy as one of the market - based instruments to be used to achieve a smart , sustainable and inclusive growth while ensuring the most efficient use of public funds . for that purpose , the current public procurement rules adopted pursuant to directive 2004 / 17 / ec of the european parliament and of the council of 31 march 2004 coordinating the procurement procedures of entities operating in the water , energy , transport and postal services sectors and directive 2004 / 18 / ec of the european parliament and of the council of 31 march 2004 on the coordination of procedures for the award of public works contracts , public supply contracts and public service contracts have to be revised and modernised in order to increase the efficiency of public spending , simplifying and encouraging in particular access for small and medium - sized enterprises in public procurement procedures and to enable procurers to make better use of public procurement in support of common societal goals , without prejudice to the latter autonomy of decision on what to procure and to buy . there is also a need to clarify basic notions and concepts to ensure transparency , fairness and better legal certainty and to incorporate certain aspects of related well - established case - law of the court of justice of the european union .


### the implementation and application of appropriate union legislation opening a given sector , or a part of it , will be considered to provide sufficient grounds for assuming that there is free access to the market in question . such appropriate legislation should be identified in an annex which can be updated by the commission . it is appropriate that this annex should currently refer to directive 2009 / 73 / ec of the european parliament and of the council of 13 july 2009 concerning common rules for the internal market in natural gas and repealing directive 2003 / 55 / ec27 , directive 2009 / 72 / ec of the european parliament and of the council of 13 july 2009 concerning common rules for the internal market in electricity and repealing directive 2003 / 54 / ec28 and directive 94 / 22 / ec . ### the implementation and application of appropriate union legislation opening a given sector , or a part of it , will be considered to provide sufficient grounds for assuming that there is free access to the market in question . such appropriate legislation should be identified in an annex which can be updated by the commission . it is appropriate that this annex should currently refer to directive 2009 / 73 / ec of the european parliament and of the council of 13 july 2009 concerning common rules for the internal market in natural gas and repealing directive 2003 / 55 / ec27 , directive 2009 / 72 / ec of the european parliament and of the council of 13 july 2009 concerning common rules for the internal market in electricity and repealing directive 2003 / 54 / ec28 , directive 94 / 22 / ec and directive 91 / 440 / ec on the development of the community ' s railways .


### 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 .


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


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


### there is a strong trend emerging across union public procurement markets towards the aggregation of demand by public purchasers , with a view to obtaining economies of scale , including lower prices and transaction costs , and to improving and professionalising procurement management . this can be achieved by concentrating purchases either by the number of contracting entities involved or by volume and value over time . however , the aggregation and centralisation of purchases should be carefully monitored in order to avoid excessive concentration of purchasing power and collusion , and to preserve transparency and competition , as well as market access opportunities for small and medium - sized enterprises . ### there is a strong trend emerging across union public procurement markets towards the aggregation of demand by public purchasers , with a view to obtaining economies of scale , including lower prices and transaction costs , and to improving and professionalising procurement management . this can be achieved by concentrating purchases either by the number of contracting entities involved or by volume and value over time . however , the aggregation and centralisation of purchases should be carefully monitored in order to avoid excessive concentration of purchasing power and collusion , and to preserve transparency and competition , as well as market access opportunities for small and medium - sized enterprises . the commission should provide guidance to member states and contracting authorities on the required monitoring of aggregated and centralised purchases to avoid excessive concentration of purchasing power and collusion . such guidance should be provided by way of implementing acts .


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


### in addition , new electronic purchasing techniques are constantly being developed , such as electronic catalogues . they help to increase competition and streamline public purchasing , particularly in terms of savings in time and money . certain rules should however be laid down to ensure that such use complies with the rules of this directive and the principles of equal treatment , non - discrimination and transparency . in particular where competition has been reopened under a framework agreement or where a dynamic purchasing system is being used and where sufficient guarantees are offered in respect of ensuring traceability , equal treatment and predictability , contracting entities should be allowed to generate tenders in relation to specific purchases on the basis of previously transmitted electronic catalogues . in line with the requirements of the rules for electronic means of communication , contracting entities should avoid unjustified obstacles to economic operators’ access to procurement procedures in which tenders are to be presented in the form of electronic catalogues and which guarantee compliance with the general principles of non - discrimination and equal treatment . ### in addition , new electronic purchasing techniques are constantly being developed , such as electronic catalogues . they help to increase competition and streamline public purchasing , particularly in terms of savings in time and money . certain rules should however be laid down to ensure that such use complies with the rules of this directive and the principles of equal treatment , non - discrimination and transparency . in particular where competition has been reopened under a framework agreement or where a dynamic purchasing system is being used and where sufficient social guarantees are offered in respect of ensuring accessibility , traceability , equal treatment and predictability , contracting entities should be allowed to generate tenders in relation to specific purchases on the basis of previously transmitted electronic catalogues . in line with the requirements of the rules for electronic means of communication , contracting entities should avoid unjustified obstacles to economic operators’ access to procurement procedures in which tenders are to be presented in the form of electronic catalogues and which guarantee compliance with the general principles of non - discrimination and equal treatment .


### public contracts should not be awarded to economic operators that have participated in a criminal organisation or have been found guilty of corruption , fraud to the detriment of the union’s financial interests or money laundering . non - payment of taxes or social security contributions should also be sanctioned by mandatory exclusion at the level of the union . given that contracting entities , which are not contracting authorities , might not have access to indisputable proof on the matter , it is appropriate to leave the choice of whether or not to apply the exclusion criteria listed in directive [ 2004 / 18 ] to such contracting entities . the obligation to apply article 55 and of directive [ 2004 / 18 ] should therefore be limited to contracting entities that are contracting authorities . furthermore , contracting entities should be given the possibility to exclude candidates or tenderers for violations of environmental or social obligations , including rules on accessibility for disabled persons or other forms of grave professional misconduct , such as violations of competition rules or of intellectual property rights . ### public contracts should not be awarded to economic operators that have participated in a criminal organisation or have been found guilty of corruption , fraud to the detriment of the union ' s financial interests or money laundering . non - payment of taxes or social security contributions should also be sanctioned by mandatory exclusion at the level of the union . given that contracting entities , which are not contracting authorities , might not have access to indisputable proof on the matter , it is appropriate to leave the choice of whether or not to apply the exclusion criteria listed in directive [ 2004 / 18 ] to such contracting entities . the obligation to apply article 55 and of directive [ 2004 / 18 ] should therefore be limited to contracting entities that are contracting authorities . furthermore , contracting entities should be given the possibility to exclude candidates or tenderers for violations of environmental , labour or social obligations , including rules on working conditions , collective agreements and accessibility for disabled persons , health and safety at work rules or other forms of grave professional misconduct , such as violations of competition rules or of intellectual property rights .


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


### 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 .


### it is established for or has the specific purpose of meeting needs in the general interest , not having an industrial or commercial character ; for that purpose , a body which operates in normal market conditions , aims to make a profit , and bears the losses resulting from the exercise of its activity does not have the purpose of meeting needs in the general interest , not having an industrial or commercial character ; ### it is established for or has the specific purpose of meeting needs in the general interest , not having an industrial or commercial character ; for that purpose , a body which operates in normal market conditions and engages in economic activities by offering goods and services on the market , aims to make a profit , and bears the losses resulting from the exercise of its activity does not have the purpose of meeting needs in the general interest , not having an industrial or commercial character ;


### it is established for or has the specific purpose of meeting needs in the general interest , not having an industrial or commercial character ; for that purpose , a body which operates in normal market conditions , aims to make a profit , and bears the losses resulting from the exercise of its activity does not have the purpose of meeting needs in the general interest , not having an industrial or commercial character ; ### it is established for or has the specific purpose of meeting needs in the general interest , not having an industrial or commercial character ; for that purpose , a body which operates in normal market conditions , and engages in economic activities by offering goods and services on the market does not have the purpose of meeting needs in the general interest , not having an industrial or commercial character


### it is established for or has the specific purpose of meeting needs in the general interest , not having an industrial or commercial character ; for that purpose , a body which operates in normal market conditions , aims to make a profit , and bears the losses resulting from the exercise of its activity does not have the purpose of meeting needs in the general interest , not having an industrial or commercial character ; ### it is established for or has the specific purpose of meeting needs in the general interest , not having an industrial or commercial character ; for that purpose , a body which operates in normal market conditions and involves itself in economic activity , providing goods and services on the market , does not have the purpose of meeting needs in the general interest , not having an industrial or commercial character ;


### it is established for or has the specific purpose of meeting needs in the general interest , not having an industrial or commercial character ; for that purpose , a body which operates in normal market conditions , aims to make a profit , and bears the losses resulting from the exercise of its activity does not have the purpose of meeting needs in the general interest , not having an industrial or commercial character ; it has legal personality ; ### it has legal personality ; it is established for the specific purpose of meeting needs in the general interest , not having a merely industrial or commercial character ;


### it is established for or has the specific purpose of meeting needs in the general interest , not having an industrial or commercial character ; for that purpose , a body which operates in normal market conditions , aims to make a profit , and bears the losses resulting from the exercise of its activity does not have the purpose of meeting needs in the general interest , not having an industrial or commercial character ; ### it is established for or has the specific purpose of meeting needs in the general interest , not having an industrial or commercial character ;


### rights which have been granted by means of a procedure in which adequate publicity has been ensured and where the granting of those rights was based on objective criteria shall not constitute ' special or exclusive rights ' within the meaning of point 6 of article 2 . ### rights which have been granted by means of a tender procedure in which adequate publicity has been ensured and where the granting of those rights was based on objective and non - discriminatory award criteria shall not constitute ' special or exclusive rights ' within the meaning of point 6 of article 2 .


### which are contracting authorities or public undertakings and which pursue one of the activities referred to in articles 5 to 11 ; ### which are contracting authorities or public undertakings , except in the cases referred to in paragraph 4 , and which pursue one of the activities referred to in articles 5 to 11 ;


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


### the contracting authority exercises over the legal person concerned a control which is similar to that which it exercises over its own departments ; ### the contracting authority exercises over the legal person concerned a control which is similar to that which it exercises over its own departments , i . e . it exercises a decisive influence over both strategic objectives and significant decisions of the controlled legal person . with a view to determining whether such control is being exercised , account may also be taken of factors such as the level of representation on administrative , management or supervisory bodies , specifications relating thereto in the articles of association or the ownership arrangements ;


### the decision - making bodies of the controlled legal person are composed of representatives of all participating contracting authorities ; ### the decision - making bodies of the controlled legal person are composed of representatives of the participating contracting authorities ;


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


### the exclusions provided for in paragraphs 1 to 4 shall cease to apply from the moment any private participation takes place , with the effect that ongoing contracts need to be opened to competition through regular procurement procedures . ### following the entry into force of this directive , the exclusions provided for in paragraphs 1 to 4 shall cease to apply from the moment any private participation takes place , with the effect that ongoing contracts need to be opened to competition through regular procurement procedures .


### the exclusions provided for in paragraphs 1 to 4 shall cease to apply from the moment any private participation takes place , with the effect that ongoing contracts need to be opened to competition through regular procurement procedures . ### the exclusions provided for in paragraphs 1 to 4 shall cease to apply from the moment any of the cumulative conditions listed therein is no longer fulfilled , with the effect that ongoing contracts need to be opened to competition through regular procurement procedures .


### for the purposes of this article , ' affiliated undertaking ' means any undertaking the annual accounts of which are consolidated with those of the contracting entity in accordance with the requirements of the seventh council directive 83 / 349 / eec40 . ### article 21 notwithstanding and provided that the conditions in paragraphs 2 and 4 are met , this directive shall not apply to contracts awarded : by a contracting entity to an affiliated undertaking , or by a joint venture , comprised exclusively of a number of contracting entities for the purpose of carrying out activities within the meaning of articles 5 to 11 , to an undertaking which is affiliated with one of those contracting entities .


### to service contracts provided that at least 80% of the average total turnover of the affiliated undertaking with respect to services in general for the preceding three years derives from the provision of services to undertakings with which it is affiliated ; ### to service contracts provided that at least 80% of the average total turnover of the affiliated undertaking , taking into account all services provided by that undertaking , for the preceding three years derives from the provision of services to the contracting entity with which it is affiliated , or to the contracting entity which is itself subject to the dominant influence of another undertaking with which the contractual partner is affiliated ;


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


### to supply contracts provided that at least 80% of the average total turnover of the affiliated undertaking with respect to supplies in general for the preceding three years derives from the provision of supplies to undertakings with which it is affiliated ; ### to supply contracts provided that at least 80% of the average total turnover of the affiliated undertaking , taking into account all supplies provided by that undertaking , for the preceding three years derives from the provision of those supplies to the contracting entity with which it is affiliated , or to the contracting entity which is itself subject to the dominant influence of another undertaking with which the contractual partner is affiliated ;


### to supply contracts provided that at least 80 % of the average total turnover of the affiliated undertaking with respect to supplies in general for the preceding three years derives from the provision of supplies to undertakings with which it is affiliated ; ### to supply contracts provided that the total turnover of the affiliated undertaking with respect to supplies in general for the preceding three years derives from the provision of supplies to undertakings with which it is affiliated ;


### to works contracts provided that at least 80% of the average total turnover of the affiliated undertaking with respect to works in general for the preceding three years derives from the provision of works to undertakings with which it is affiliated . ### to works contracts provided that at least 80% of the average total turnover of the affiliated undertaking , taking into account all works provided by that undertaking , for the preceding three years derives from the provision of works to the contracting entity with which it is affiliated , or to the contracting entity which is itself subject to the dominant influence of another undertaking with which the contractual partner is affiliated .


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


### contracts intended to enable an activity mentioned in articles 5 to 11 to be carried out shall not be subject to this directive if the member state or the contracting entities having introduced the request pursuant to article 28 can demonstrate that , in the member state in which it is performed , the activity is directly exposed to competition on markets to which access is not restricted ; nor shall design contests that are organised for the pursuit of such an activity in that geographic area be subject to this directive . such competition assessment , which will be made in the light of the information available to the commission and for the purposes of this directive , is without prejudice to the application of competition law . ### contracts intended to enable an activity mentioned in articles 5 to 11 to be carried out shall not be subject to this directive if the member state or the contracting entities having introduced the request pursuant to article 28 can demonstrate that , in the member state in which it is performed , or in the related specific sectors or segments the activity is directly exposed to competition on markets to which access is not restricted ; nor shall design contests that are organised for the pursuit of such an activity in that geographic area be subject to this directive . such competition assessment , which will be made in the light of the information available to the commission and for the purposes of this directive , is without prejudice to the application of competition law .


### contracts intended to enable an activity mentioned in articles 5 to 11 to be carried out shall not be subject to this directive if the member state or the contracting entities having introduced the request pursuant to article 28 can demonstrate that , in the member state in which it is performed , the activity is directly exposed to competition on markets to which access is not restricted ; nor shall design contests that are organised for the pursuit of such an activity in that geographic area be subject to this directive . such competition assessment , which will be made in the light of the information available to the commission and for the purposes of this directive , is without prejudice to the application of competition law . ### contracts intended to enable an activity mentioned in articles 5 to 11 to be carried out shall not be subject to this directive if the member state or the contracting entities having introduced the request pursuant to article 28 can demonstrate that , in the member state or relevant sectors or segments in which it is performed , the activity is directly exposed to competition on markets to which access is not restricted ; nor shall design contests that are organised for the pursuit of such an activity in that geographic area be subject to this directive . such competition assessment , which will be made in the light of the information available to the commission and for the purposes of this directive , is without prejudice to the application of competition law .


### for the purposes of paragraph 1 , the question of whether an activity is directly exposed to competition shall be decided on the basis of criteria that are in conformity with the provisions on competition of the treaty ; those may include the characteristics of the goods or services concerned , the existence of alternative goods or services , the prices and the actual or potential presence of more than one supplier of the goods or provider of the services in question . ### for the purposes of paragraph 1 , the question of whether an activity is directly exposed to competition the relevant market , both in its product and geographic dimension , has to be defined . definition of the relevant market shall be decided on the basis of criteria that are in conformity with the provisions on competition of the treaty ; those may include the characteristics of the goods or services concerned which are regarded as substitutable both on the demand and the supply side – for instance as far as inter - modality in the transport sector is concerned - , the existence of alternative goods or services , the prices and the actual or potential presence of more than one supplier of the goods or provider of the services in question .


### for the purposes of paragraph 1 , the question of whether an activity is directly exposed to competition shall be decided on the basis of criteria that are in conformity with the provisions on competition of the treaty ; those may include the characteristics of the goods or services concerned , the existence of alternative goods or services , the prices and the actual or potential presence of more than one supplier of the goods or provider of the services in question . ### for the purposes of paragraph 1 the question of whether an activity is directly exposed to competition requires that the relevant product market and the relevant geographic market be defined . the relevant product market shall be decided on the basis of criteria that are in conformity with the provisions on competition of the treaty ; those may include the characteristics of the goods or services concerned , the existence of alternative goods or services considered to be substitutable on the supply side or demand side , the prices and the actual or potential presence of more than one supplier of the goods or provider of the services in question . the relevant geographic market , on the basis of which exposure to competition is assessed , shall consist of the area in which the undertakings concerned are involved in the supply and demand of products or services , in which the conditions of competition are sufficiently homogeneous and which can be distinguished from neighbouring areas because , in particular , conditions of competition are appreciably different in those areas . . this assessment shall take account in particular of the nature and characteristics of the products or services concerned , of the existence of entry barriers or of consumer preferences , of appreciable differences of the undertakings ' market shares between the area concerned and neighbouring areas or of substantial price differences .


### where a member state or , where the legislation of the member state concerned provides for it , a contracting entity considers that , on the basis of the criteria set out in article 27 and , a given activity is directly exposed to competition on markets to which access is not restricted , it may submit a request to establish that this directive does not apply to the award of contracts or the organisation of design contests for the pursuit of that activity . ### where a member state or , where the legislation of the member state concerned provides for it , a contracting entity considers that , on the basis of the criteria set out in article 27 and , a given activity is directly exposed , in whole or in part , including as regards individual sectors or segments , to competition on markets to which access is not restricted , it may submit a request to establish that this directive does not apply to the award of contracts or the organisation of design contests for the pursuit of that activity , or the individual sector or segment thereof .


### 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 acts 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 referred to in articles 5 to 11 , or the individual sector or segment thereof , is directly exposed to competition on the basis of the criteria set out in article 27 . those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 100 .


### where an activity in a given member state is already the subject of a procedure under paragraphs 1 , 2 and 3 , further requests concerning the same activity in the same member state before the expiry of the period opened in respect of the first request shall not be considered as new procedures and shall be treated in the context of the first request . ### where an activity , or an individual sector or segment thereof , in a given member state is already the subject of a procedure under paragraphs 1 , 2 and 3 , further requests concerning the same activity , or individual sector or segment thereof , in the same member state before the expiry of the period opened in respect of the first request shall not be considered as new procedures and shall be treated in the context of the first request .


### to ensure the interoperability of technical formats as well as of process and messaging standards , especially in a cross - border context , the commission shall be empowered to adopt delegated acts in accordance with article 98 to establish the mandatory use of certain technical standards , at least with regard to the use of e - submission , electronic catalogues and means for electronic authentication . ### to ensure the interoperability of technical formats as well as of process and messaging standards , especially in a cross - border context , the commission should recommend use of specific technical standards , at least with regard to the use of e - submission , electronic catalogues and means for electronic authentication .


### member states shall , in respect of contracting authorities within the meaning of point 1 of article 2 , provide for rules to effectively prevent , identify and immediately remedy conflicts of interests arising in the conduct of procurement procedures that are subject to this directive , including the design and preparation of the procedure , the drawing - up of the procurement documents , the selection of candidates and tenderers and the award of the contract , so as to avoid any distortion of competition and ensure equal treatment of all tenderers . ### member states shall provide for rules to effectively prevent , identify and immediately remedy conflicts of interests arising in the conduct of procurement procedures that are subject to this directive , including the design and preparation of the procedure , the drawing - up of the procurement documents , the selection of candidates and tenderers and the award of the contract , so as to avoid any distortion of competition and ensure equal treatment of all tenderers .


### in the event of a conflict of interests , the contracting authority shall take appropriate measures . those measures may include the recusal of the staff member in question from involvement in the affected procurement procedure or the re - assignment of the staff member’s duties and responsibilities . where a conflict of interests cannot be effectively remedied by other means , the candidate or tenderer concerned shall be excluded from the procedure . ### in the event of a conflict of interests , the contracting entity shall take appropriate measures . those measures may include the recusal of the staff member in question from involvement in the affected procurement procedure or the re - assignment of the staff member’s duties and responsibilities . where a conflict of interests cannot be effectively remedied by other means , the candidate or tenderer concerned shall be excluded from the procedure .


### the partnership shall be structured in successive stages following the sequence of steps in the research and innovation process , possibly up to the manufacturing of the supply or the provision of the services . it shall provide for intermediate targets to be attained by the partner and provide for payment of the remuneration in appropriate instalments . based on those targets , the contracting entity can decide after each stage to terminate the partnership and launch a new procurement procedure for the remaining phases , provided that it has acquired the relevant intellectual property rights . ### the partnership shall be structured in successive stages following the sequence of steps in the research and innovation process , which may include the manufacturing of the supply , or the provision of the services or the completion of the works . the partnership shall set intermediate targets to be attained by the partner and provide for remuneration in appropriate instalments . based on those targets , the contracting entity may decide after each stage to terminate the partnership and launch a new procurement procedure for the remaining phases , provided that the contracting entity has indicated in the procurement documents under which conditions it may make use of this discretion to terminate the partnership .


### only those economic operators invited by the contracting entity following its assessment of the requested information may submit research and innovation projects , aimed at meeting the needs identified by the contracting entity that cannot be met by existing solutions . the contract shall be awarded on the sole basis of the award criterion of the most economically advantageous tender in accordance with article 76 . ### only those economic operators invited by the contracting entity following its assessment of the requested information may submit research and innovation projects aimed at meeting the needs identified by the contracting entity that cannot be met by existing solutions .


### the structure of the partnership and , in particular the duration and value of the different phases shall reflect the degree of innovation of the proposed solution and the sequence of the research and innovation activities required for the development of an innovative solution not yet available on the market . the value and duration of a contract for the purchase of the resulting supply , service or works shall remain within appropriate limits , taking into account the need to recover the costs , including those incurred in developing an innovative solution , and to achieve an adequate profit . ### the contracting entity shall ensure that the structure of the partnership and , in particular , the duration and value of the different phases shall reflect the degree of innovation of the proposed solution and the sequence of the research and innovation activities required for the development of an innovative solution not yet available on the market . the estimated value of supplies , services or works shall not be disproportionate in relation to the investment required for their development .


### where the aim of the procurement is the creation or obtention of a work of art ; ### when for artistic reasons the contract may be awarded only to a particular economic operator ;


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


### contracting entities requiring a specific label shall accept all equivalent labels that fulfil the requirements of the label indicated by the contracting entities . for products that do not bear the label , contracting entities shall also accept a technical dossier of the manufacturer or other appropriate means of proof . ### contracting entities requiring a specific label shall accept all equivalent labels , i . e . those based on the same assessment criteria and measurement methods , that fulfil the requirements of the label indicated by the contracting entities . for products that do not bear the label , contracting entities shall also accept a technical dossier of the manufacturer or other appropriate means of proof .


### within two months of the award of a contract or the conclusion of a framework agreement , contracting entities shall send a contract award notice on the results of the procurement procedure . ### not later than 14 days after the award of a contract or the conclusion of a framework agreement , contracting entities shall send a contract award notice on the results of the procurement procedure .


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


### contracting entities shall reject the tender , where they have established that the tender is abnormally low because it does not comply with obligations established by union legislation in the field of social and labour law or environmental law or by the international social and environmental law provisions listed in annex xiv . ### contracting entities shall reject the tender , where they have established that the tender is abnormally low because it does not comply with national and european union obligations established by social and labour law or environmental law or by the international social and environmental law provisions listed in annex xiv .


### contracting entities shall reject the tender , where they have established that the tender is abnormally low because it does not comply with obligations established by union legislation in the field of social and labour law or environmental law or by the international social and environmental law provisions listed in annex xiv . ### contracting entities shall reject the tender , where they have established that the tender is abnormally low because the price or costs indicated in a tender does not cover costs of manufacturing a product , providing services or carrying out works which are subject matter of the public contract , taking into consideration economic conditions , and in particular if it does not comply with obligations established by union legislation in the field of social and labour law or environmental law or by the international social and environmental law provisions listed in annex xiv .


### where a contracting entity establishes that a tender is abnormally low because the tenderer has obtained state aid , the tender may be rejected on that ground alone only after consultation with the tenderer where the latter is unable to prove , within a sufficient time limit fixed by the contracting entity , that the aid in question was compatible with the internal market within the meaning of article 107 of the treaty . where the contracting entity rejects a tender in those circumstances , it shall inform the commission thereof . ### when submitting a tender , tenderers must provide a declaration on their honour attesting that they have not received for the purposes of their tender state aid which would be incompatible with article 107 of the treaty on the functioning of the european union , or which would be incompatible with the aforementioned article if the state granting that aid were an eu member state , and furnish any substantiating documents requested by the contracting entity . where a contracting entity establishes that a tender is abnormally low because the tenderer has obtained state aid , the tender may be rejected on that ground alone only after consultation with the tenderer where the latter is unable to prove , within a sufficient time limit fixed by the contracting entity , that the aid in question was compatible with the internal market within the meaning of article 107 of the treaty . where the contracting entity rejects a tender in these circumstances , it shall inform the commission of that fact . if it is established that the selected tenderer has received unlawful state aid , the call - for - tender procedure shall be cancelled .


### a modification of a contract during its term shall be considered substantial within the meaning of paragraph 1 , where it renders the contract substantially different from the one initially concluded . in any case , without prejudice to paragraph 3 and 4 , a modification shall be considered substantial where one of the following conditions is met : ### a modification of a contract during its term shall be considered substantial within the meaning of paragraph 1 , where it renders the contract substantially different from the one initially concluded . in any case , without prejudice to paragraph 3 and 4 , a modification shall be considered substantial where one of the following conditions is met : the modification changes the nature of the contract ; the modification entails the replacement of the contractual partner ;


### however , the first subparagraph shall not apply in the event of universal or partial succession into the position of the initial contractor , following corporate restructuring operations or insolvency , of another economic operator that fulfils the criteria for qualitative selection initially established provided that this does not entail other substantial modifications to the contract and is not aimed at circumventing the application of this directive . ### paragraph 2 shall not apply in the event of universal or partial succession into the position of the initial contractor , following corporate restructuring operations , transfer of capital or assets between undertakings or the taking - over of a contractual partner following insolvency , of another economic operator that fulfils the criteria for qualitative selection initially established provided that this does not entail other substantial modifications to the contract and is not aimed at circumventing the application of this directive .


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


### contracting entities shall not have recourse to modifications of the contract in the following cases : ### contracting entities may not invoke the provisions of this article concerning modifications of the contract in the following cases :


### 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 .


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


### member states shall appoint a single independent body responsible for the oversight and coordination of implementation activities . member states shall inform the commission of their designation . ### member states shall ensure the oversight and coordination of implementation activities .


### the oversight body shall be responsible for the following tasks : ### the competent authorities shall be responsible for the following tasks :


### without prejudice to the general procedures and working methods established by the commission for its communications and contacts with member states , the oversight body shall act as a specific contact point for the commission when it monitors the application of union law and the implementation of the budget from the union on the basis of article 17 of the treaty on the european union and article 317 of the treaty on the functioning of the european union . it shall report to the commission any violation of this directive in procurement procedures for the award of contracts directly or indirectly funded by the union . ### without prejudice to the general procedures and working methods established by the commission for its communications and contacts with member states , the competent authorities shall act as a specific contact point for the commission when it monitors the application of union law and the implementation of the budget from the union on the basis of article 17 of the treaty on the european union and article 317 of the treaty on the functioning of the european union . it shall report to the commission any violation of this directive in procurement procedures for the award of contracts directly or indirectly funded by the union .


### without prejudice to the national law concerning access to information , and in accordance with national and eu legislation on data protection , the oversight body shall , upon written request , give unrestricted and full direct access , free of charge , to the concluded contracts referred to in paragraph 6 . access to certain parts of the contracts may be refused where their disclosure would impede law enforcement or otherwise be contrary to the public interest , would harm the legitimate commercial interests of economic operators , public or private , or might prejudice fair competition between them . ### without prejudice to the national law concerning access to information , and in accordance with national and eu legislation on data protection , the competent authorities shall , upon written request , give unrestricted and full direct access , free of charge , to the concluded contracts referred to in paragraph 6 . access to certain parts of the contracts may be refused where their disclosure would impede law enforcement or otherwise be contrary to the public interest , would harm the legitimate commercial interests of economic operators , public or private , or might prejudice fair competition between them .


### member states shall appoint a single independent body responsible for the oversight and coordination of implementation activities . member states shall inform the commission of their designation . ### in accordance with their national or federal structure , member states shall appoint one or more independent bodies responsible for the oversight and coordination of implementation activities . member states shall inform the commission of their designation . member states that already have in place independent bodies can retain these bodies as long as they fulfil all responsibilities as stated below .


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


### a delegated act adopted pursuant to article 4 and article 7a shall enter into force only if no objection has been expressed either by the european parliament or by the council within a period of 2 months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or the council . ’ ### a delegated act adopted pursuant to article 4 and article 7a shall enter into force only if no objection has been expressed either by the european parliament or by the council within a period of three months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by three months at the initiative of the european parliament or the council . ’


### the primary objective of cooperation with the countries and territories referred to in paragraph 1 shall be to provide a specific response to the need to strengthen links and to engage further with them on a bilateral , regional or multilateral basis in order to create a more favourable environment for the development of the relations of the community with these countries and territories and promote dialogue while fostering the community ' s interests . ### the primary objective of cooperation with the partner countries shall be to provide a specific response to the need to strengthen links and to engage further with them on a bilateral , regional or multilateral basis in order to create a more favourable environment for the development of relations between the community and the partner countries and step up dialogue while fostering the community ' s interests in accordance with its objectives and promoting progress and development in the partner countries .


### cross - border cooperation should aim to tackle common challenges identified jointly in the border regions and exploit the untapped potentials in the border area , while enhancing the cooperation process for the purpose of the overall harmonious development of the union . in the case of any cross - border programme between northern ireland and the border counties of ireland in support of peace and reconciliation , the erdf shall also contribute to promoting social and economic stability in the regions concerned , notably by actions to promote cohesion between communities . ### cross - border cooperation should aim to tackle common challenges identified jointly in the border regions and exploit the untapped potentials in the border area , while enhancing the cooperation process for the purpose of the overall harmonious development of the union . the role of the eu , through the erdf in contributing to lasting peace on the island of ireland should not be underestimated . the erdf has a key role to play in ensuring that the peace process in ireland continues to function successfully , going forward . in the case of any cross - border programme between northern ireland and the border counties of ireland in support of peace and reconciliation , the erdf shall also contribute to promoting social and economic stability in the regions concerned , notably by actions to promote cohesion between communities .


### areas for transnational cooperation should be defined having regard to actions needed to promote integrated territorial development . the commission should be empowered to define transnational cooperation areas . ### areas for transnational cooperation should be defined having regard to actions needed to promote integrated territorial development facilitating mobility between tourist and hinterland areas . the commission should be empowered to define transnational cooperation areas .


### it is necessary to adapt the content requirements of cooperation programmes under the european territorial cooperation goal to their specific needs . therefore they also need to cover aspects necessary for effective implementation on the territory of participating member states , such as the bodies responsible for audit and control , the procedure to set up a joint secretariat , and the allocation of liabilities in case of financial corrections . in addition , due to the horizontal character of interregional cooperation programmes , the content of such cooperation programmes should be adapted , especially as regards the definition of the beneficiary or beneficiaries under the current interact and espon programmes . ### it is necessary to adapt the content requirements of cooperation programmes under the european territorial cooperation goal to their specific needs and to local development issues . therefore they also need to cover aspects necessary for effective implementation on the territory of participating member states , such as the bodies responsible for audit and control , the procedure to set up a joint secretariat , and the allocation of liabilities in case of financial corrections . in addition , due to the horizontal character of interregional cooperation programmes , the content of such cooperation programmes should be adapted , especially as regards the definition of the beneficiary or beneficiaries under the current interact and espon programmes .


### cross - border cooperation between adjacent regions to promote integrated regional development between neighbouring land and maritime border regions from two or more member states or between neighbouring border regions from at least one member state and one third country on external borders of the union other than those covered by programmes under the external financial instruments of the union ; ### cross - border cooperation and the removal of physical , technical and administrative barriers between adjacent regions to promote integrated regional development between neighbouring land and maritime border regions from two or more member states or between neighbouring border regions from at least one member state and one third country on external borders of the union other than those covered by programmes under the external financial instruments of the union ;


### in addition to article 5 of regulation no [ … ] / 2012 [ the erdf regulation ] , the erdf shall support the sharing of human resources , facilities and infrastructures across borders under the different investment priorities , as well as the following investment priorities within the thematic objectives : ### in addition to article 5 of regulation no [ … ] / 2012 [ the erdf regulation ] , the erdf shall support the sharing of human resources , facilities and infrastructures intended to remove the border effect under the different investment priorities , as well as the following investment priorities within the thematic objectives , whilst taking specific circumstances and local needs into account :


### removing bottlenecks and bridging missing links , to be measured by the number of new and improved cross - border connections and removed bottlenecks on transport routes which have benefited from the connecting europe facility ; ### removing bottlenecks and bridging missing links both within transport infrastructures and at the connecting points between them at border - crossing points , to be measured by the number of new and improved cross - border connections and removed bottlenecks on transport routes which have benefited from cef and by the use of quotas and higher co - funding rates as referred to in article 10 of this regulation .


### transport : eur 31 694 000 000 , out of which eur 10 000 000 000 shall be transferred from the cohesion fund to be spent in line with this regulation in member states eligible for funding from the cohesion fund ; ### transport : eur 31 694 000 000 , out of which eur 10 000 000 000 shall be transferred from the cohesion fund to be spent in line with this regulation , exclusively in member states eligible for funding from the cohesion fund ;


### the financial envelope of the connecting europe facility may cover expenses pertaining to , preparatory , monitoring , control , audit and evaluation activities which are required for the management of the programme and the achievement of its objectives , in particular studies , meetings of experts , as far as they are related to the general objectives of this regulation , expenses linked to it networks focusing on information processing and exchange , together with all other technical and administrative assistance expenses incurred by the commission for the management of the programme . ### the financial envelope of the connecting europe facility may cover expenses pertaining to , preparatory , monitoring , control , audit , evaluation activities and administrative costs which are required for the management of the programme and the achievement of its objectives , in particular studies , meetings of experts , as far as they are related to the general objectives of this regulation , expenses linked to it networks focusing on information processing and exchange , together with all other technical and administrative assistance expenses incurred by the commission for the management of the programme .


### proposals may be submitted by one or several member states , international organisations , joint undertakings , or public or private undertakings or bodies established in member states . ### proposals may be submitted by one or several member states , international organisations , joint undertakings , such as the european grouping of territorial cooperation , or public or private undertakings or bodies established in member states .


### inland transport connections to ports and airports , actions to reduce rail freight noise by retrofitting of existing rolling stock , as well as development of ports and multi - modal platforms : the amount of union financial aid shall not exceed 20% of the eligible costs . ### inland transport connections to ports and airports , actions to reduce rail freight noise by retrofitting of existing rolling stock , development of ports and multi - modal platforms , as well as actions supporting new technologies and innovation for all modes of transport : the amount of union financial aid shall not exceed 20% of the eligible costs .


### applicable rules for the transport sector under this regulation shall apply to these specific calls . when implementing these calls , greatest possible priority shall be given to projects respecting the national allocations under the cohesion fund . ### applicable rules for the transport sector under this regulation shall apply to these specific calls . when implementing these calls , greatest possible priority shall be given to projects concerning cross - border sections and respecting the national allocations under the cohesion fund .


### no later than mid - 2018 , an evaluation report shall be established by the commission on the achievement of the objectives of all the measures , the efficiency of the use of resources and its european added value , in view of a decision on the renewal , modification or suspension of the measures . the evaluation shall additionally address the scope for simplification , its internal and external coherence , the continued relevance of all objectives , as well as the contribution of the measures to the union priorities of smart , sustainable and inclusive growth . it shall take into account evaluation results on the long - term impact of the predecessor measures . ### no later than mid - 2016 , an evaluation report shall be established by the commission on the achievement of the objectives of all the measures , the efficiency of the use of resources and its european added value , in view of a decision on the renewal , modification or suspension of the measures . the evaluation shall additionally address the scope for simplification , its internal and external coherence , the continued relevance of all objectives , as well as the contribution of the measures to the union priorities of smart , sustainable and inclusive growth , including impact on economic , social and territorial cohesion . it shall take into account evaluation results on the long - term impact of the predecessor measures .


### the introduction of a union mrv system is expected to lead to emission reductions of up to 2% compared to business - as - usual and aggregated net costs reductions of up to 1 . 2 billion eur by 2030 as it could contribute to the removal of market barriers , in particular those related to the lack of information about ship efficiency . this reduction of transport costs should facilitate international trade . furthermore , a robust mrv system is a prerequisite for any market - based measure or efficiency standard , whether applied at union level or globally . it also provides reliable data to set precise emission reduction targets and to assess the progress of maritime transport ' s contribution towards achieving a low carbon economy . ### the introduction of a union mrv system is expected to lead to emission reductions as it could contribute to the removal of market barriers . this reduction of transport costs should facilitate international trade . furthermore , a robust mrv system is a prerequisite for any market - based measure or other measures aiming at providing a better basis for the polluter pays principle , whether applied at union level or globally . it also provides reliable data to set precise emission reduction targets and to assess the progress of maritime transport ' s contribution towards achieving a low carbon economy .


### all intra - union voyages , all incoming voyages from the last non - union port to the first union port of call and all outgoing voyages from a union port to the next non - union port of call should be considered relevant for purposes of monitoring . emissions in union ports including when ships are at berth or move within a port , should be covered as well , in particular as specific measures for their reduction or avoidance are available . these rules should be applied in a non - discriminatory manner to all ships regardless of their flag . ### all intra - union voyages , all incoming voyages from the last non - union port to the first union port of call and all outgoing voyages from a union port to the next non - union port of call should be considered relevant for purposes of monitoring . emissions in union ports including when ships are at berth or move within a port , should be covered as well , in particular as specific measures and alternative technologies , such as facilities which make it possible for ships to connect to mains electricity while at berth , for their reduction or avoidance are available . these rules should be applied in a non - discriminatory manner to all ships regardless of their flag .


### companies shall monitor and report for every ship the amount and type of fuel consumed during a calendar year within each port under the jurisdiction of a member state and for each voyage arriving to and departing from a port located under the jurisdiction of a member state in accordance with paragraphs 2 to 6 . ### companies shall monitor and report for every ship the relevant emission parameters during a calendar year within each port under the jurisdiction of a member state and for voyages arriving to and departing from a port located under the jurisdiction of a member state in accordance with paragraphs 2 to 6 .


### monitoring and reporting shall be complete and cover all emissions from the combustion of fuels . companies shall apply appropriate measures to prevent any data gaps within the reporting period . ### monitoring and reporting shall be complete and cover co2 emissions from the combustion of fuels , while the ship is at sea as well as at berth . companies shall apply appropriate measures to prevent any data gaps within the reporting period .


### a company shall modify the monitoring plan in any of the following situations : ### a company shall modify the monitoring plan in any of the situations set out in points to . the monitoring plan shall be modified only in respect of the specific changes that have occurred as a result of those situations .


### amount and emission factor for each type of fuel consumed in total and differentiated between fuel used inside and outside emission control areas ; ### amount and emission factor for each type of fuel consumed in total ;


### member states shall lay down a system of penalties for failure to comply with the monitoring and reporting requirements set out in articles 8 to 12 and shall take all the measures necessary to ensure that those penalties are applied . the penalties provided for shall be no less stringent than those foreseen under national legislation on greenhouse gas emissions in case of non - compliance with reporting obligations by operators and be effective , proportionate and dissuasive . member states shall notify these provisions to the commission by 1 july 2017 , and shall notify any subsequent amendments affecting these provisions to the commission without delay . ### member states shall lay down a system of penalties for failure to comply with the monitoring and reporting requirements set out in articles 8 to 12 and shall take all the measures necessary to ensure that those penalties are applied . the penalties provided for shall be effective , proportionate and dissuasive . member states shall notify these provisions to the commission by 1 july 2017 , and shall notify any subsequent amendments affecting these provisions to the commission without delay .


### the commission shall publish an annual report on emissions and other climate - relevant information from maritime transport . ### the commission shall publish an annual report on co2 emissions from maritime transport .