### when charging for the cost of noise effects is allowed by union legislation for road freight transport , the infrastructure charges shall be modified to take account of the cost of noise effects caused by the operation of the train in accordance with annex viii , point 2 . ### when charging for the cost of noise effects is allowed in a mandatory way by union legislation for road transport , the infrastructure charges shall be modified accordingly to take account of the cost of noise effects caused by the operation of the train in accordance with annex viii , point 2 in order to incentivise retro - fitting rolling stock in favour of less noisy equipment .


### the commission and representatives of the regulatory bodies , which co - operate according to article 57 , shall be informed of and invited to attend as observers all meetings at which common principles and practices for the allocation of infrastructure are developed . in the case of it - based allocation systems , the regulatory bodies shall receive sufficient information from these systems to allow them to perform their regulatory supervision in accordance with the provisions of article 56 . ### the commission and representatives of the regulatory bodies , which co - operate according to article 57 , shall be informed of which common principles and practices for the allocation of infrastructure are developed . in the case of it - based allocation systems , the regulatory bodies shall receive sufficient information from these systems to allow them to perform their regulatory supervision in accordance with the provisions of article 56 .


### any damage which a person may suffer as a result of unlawful processing should be compensated by the controller or processor , who may be exempted from liability if they prove that they are not responsible for the damage , in particular where he establishes fault on the part of the data subject or in case of force majeure . ### any damage , whether pecuniary or not , which a person may suffer as a result of unlawful processing should be compensated by the controller or processor , who may be exempted from liability only if they prove that they are not responsible for the damage , in particular where he establishes beyond any doubt that the balance of fault is on the part of the data subject or in case of force majeure .


### scientific research for the purposes of this regulation should include fundamental research , applied research , and privately funded research and in addition should take into account the union’s objective under article 179 of the treaty on the functioning of the european union of achieving a european research area . ### scientific research for the purposes of this regulation should include fundamental research , applied research , and privately funded research in the meaning of article 13 of the charter of fundamental rights of the european union and in addition should take into account the union’s objective under article 179 of the treaty on the functioning of the european union of achieving a european research area . opinion and social research form part of scientific research . market research does not as a rule fall under the notion of scientific research .


### collected for specified , explicit and legitimate purposes and not further processed in a way incompatible with those purposes ; ### collected for specified , explicit and legitimate purposes , not further processed in a way incompatible with those purposes and processed in a proportionate manner to that purpose ;


### the processing of personal data , revealing race or ethnic origin , political opinions , religion or beliefs , trade - union membership , and the processing of genetic data or data concerning health or sex life or criminal convictions or related security measures shall be prohibited . ### the processing of personal data , revealing race or ethnic origin , political opinions , religion or beliefs , trade - union membership , and the processing of financial data , genetic data or data concerning health or sex life or criminal convictions or related security measures shall be prohibited .


### the processing relates to personal data which are manifestly made public by the data subject ; or ### the processing relates to personal data which are manifestly and demonstrably made public by the data subject ; or


### processing is necessary for the establishment , exercise or defence of legal claims ; or ### processing is necessary for the exercise or defence of legal claims given they are not manifestly unreasonable ; or


### processing is necessary for the performance of a task carried out in the public interest , on the basis of union law , or member state law which shall provide for suitable measures to safeguard the data subject ' s legitimate interests ; or ### processing is necessary for the performance of a task carried out in a well - defined and substantial public interest , on the basis of union law , or member state law which shall be proportionate to the aim pursued , respect the essence of the right to data protection and provide for adequate measures to safeguard the fundamental rights and interests of the data subject ; or


### the data subject shall have the right to object , on grounds relating to their particular situation , at any time to the processing of personal data which is based on points , and of article 6 , unless the controller demonstrates compelling legitimate grounds for the processing which override the interests or fundamental rights and freedoms of the data subject . ### the data subject shall always have the right to object at any time to the processing of personal data which is based on points , and of article 6 . this right shall be explicitly offered to the data subject in an intelligible manner and shall be clearly distinguishable from other information .


### the prevention , investigation , detection and prosecution of criminal offences ; ### the prevention , investigation , detection and prosecution of specific criminal offences ;


### in particular , any legislative measure referred to in paragraph 1 shall contain specific provisions at least as to the objectives to be pursued by the processing and the determination of the controller . ### any legislative measure referred to in paragraph 1 shall contain specific provisions as to the objectives to be pursued by the processing , the categories of personal data processed , the specific means and purposes of processing , the categories of persons entitled to process the data , the designation of the controller , and the safeguards against unlawful access or transfer of data .


### where processing operations present specific risks to the rights and freedoms of data subjects by virtue of their nature , their scope or their purposes , the controller or the processor acting on the controller ' s behalf shall carry out an assessment of the impact of the envisaged processing operations on the protection of personal data . ### where processing operations present specific risks to the rights and freedoms of data subjects by virtue of their nature , their scope or their purposes , the controller or the processor acting on the controller ' s behalf shall carry out a detailed assessment of the impact of the envisaged processing operations on the protection of personal data .


### the commission may decide that a third country , or a territory or a processing sector within that third country , or an international organisation ensures an adequate level of protection within the meaning of paragraph 2 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 87 . ### the commission may decide that a third country or a territory within that third country , or an international organisation ensures an adequate level of protection within the meaning of paragraph 2 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 87 .


### in the absence of an adequacy decision pursuant to article 41 or of appropriate safeguards pursuant to article 42 , a transfer or a set of transfers of personal data to a third country or an international organisation may take place only on condition that : ### in the absence of an adequacy decision pursuant to article 41 or of appropriate safeguards pursuant to article 42 , and without prejudice to articles 6 , 14 , 15 , 16 and 17 , a transfer or a set of transfers of personal data to a third country or an international organisation may take place only on condition that :


### “ investments , relating to control activities carried out by administrative bodies or by the private sector , in : - purchase and installation of technology , including hard - and software , vessel detection systems and it networks allowing to gather , administer , validate , analyse , develop sampling methods and exchange data related to fisheries ; - purchase and installation of the components necessary to ensure data transmission from actors involved in fishing and the marketing of fisheries products to the relevant member state and community authorities , including the necessary components for electronic recording and reporting systems , vessel monitoring systems , and automatic identification systems ; - implementation of programs aiming at exchanging and analysing data between member states ; - purchase and modernisation of control means ; ### “ investments , relating to control activities carried out by the proper national authorities , by administrative bodies , or by the private sector , in : - purchase / development and installation of technology , including hard - and software , vessel detection systems , it networks with which to gather , administer , validate , analyse , and develop sampling methods and exchange data related to fisheries , and websites related to control ; - purchase / development and installation of the components necessary to ensure data transmission from actors involved in fishing and the marketing of fisheries products to the relevant member state and community authorities , including the necessary components for electronic recording and reporting systems , vessel monitoring systems , and automatic identification systems ; - implementation of programs aiming at exchanging and analysing data between member states ; - purchase / development and modernisation of control means ;


### “ implementation of pilot projects related to fisheries control , including development of web - sites related to control ; ” ### “ implementation of pilot projects related to fisheries control ; ”


### measures in the area of basic data collection , management and use in the area of data collection , management and use , the following expenditure shall be eligible for community financial support in the framework of multi - annual national programmes : expenditure incurred for the collection of biological , technical , environmental and socio - economic data in relation to commercial and recreational fisheries , including sampling , at - sea - monitoring and research surveys , and the collection of socio - economic data in the aquaculture and processing industry , as laid down in the multi - annual community programme ; expenditure incurred for measures related to the management , development , enhancement and exploitation of data referred to in point ; expenditure incurred for measures related to the use of the data referred to in point , such as estimates of biological parameters , production of data sets for scientific analysis and advice ; expenditure incurred for the participation in regional coordination meetings , relevant scientific meetings of regional fisheries management organisations of which the community is a contracting party or observer , and in meetings of international bodies in charge of providing scientific advice . ” ### measures in the area of basic data collection , management and use in the area of data collection , management and use , the following expenditure shall be eligible for community financial support in the framework of multi - annual national programmes : expenditure incurred for the collection of biological , technical , environmental and socio - economic data in relation to commercial and recreational fisheries , including sampling , at - sea - monitoring and research surveys , and the collection of environmental and socio - economic data in the aquaculture and processing industry , as laid down in the multi - annual community programme ; expenditure incurred for measures related to the management , development , enhancement and exploitation of data referred to in point ; expenditure incurred for measures related to the use of the data referred to in point , such as estimates of biological parameters , production of data sets for scientific analysis and advice ; expenditure incurred for participation in regional coordination meetings , relevant scientific meetings of regional fisheries management organisations of which the community is a contracting party or observer , and in meetings of international bodies in charge of providing scientific advice . ”


### the community financial contribution to the expenditure incurred by the member states for the collection , management and use of the basic fisheries data referred to in article 9 shall be provided in accordance with the procedures set out in this section . ” ### the community financial contribution to the expenditure incurred by the member states for the collection , management and use of the basic data referred to in article 9 shall be provided in accordance with the procedures set out in this section . ”


### notwithstanding article 32 of this regulation , the second indent of article 3 and articles 4 and 6 of decision 2000 / 439 / ec , as well as the annex to that decision , shall continue to apply to the 2007 and 2008 national programmes in the field of data collection and management . ” ### notwithstanding article 32 of this regulation , the rules set out in article 3 , second indent , articles 4 and 6 of and the annex to decision 2000 / 439 / ec , as applicable on 31 december 2006 , shall apply by analogy to the national programmes for the collection and management of data for the years 2007 and 2008 . ”


### for the implementation of horizon 2020 , account shall be taken of advice and inputs provided by : advisory groups of independent , high level experts set up by the commission ; dialogue structures created under international science and technology agreements ; forward looking activities ; targeted public consultations ; and transparent and interactive processes that ensure responsible research and innovation is supported . ### for the implementation of horizon 2020 , account shall be taken of advice and inputs provided by : advisory groups of independent , high level experts set up by the commission ; at most 10 percent of such groups shall consist of representatives of the industry sectors most likely to benefit from the programme ; they must include a substantial amount of representatives from civil society as well as data protection authorities and fundamental rights bodies ; dialogue structures created under international science and technology agreements ; forward looking activities ; targeted public consultations ; and transparent and interactive processes that ensure responsible research and innovation is supported .


### research and innovation activities carried out under horizon 2020 shall have an exclusive focus on civil applications . ### research and innovation activities carried out under horizon 2020 shall have an exclusive focus on civil applications . this explicitly excludes any funding for programmes which fall into the realm of defence policies ; civilian and defence policies and research have to be strictly separated with the latter being unable to obtain funding from the union ' s research programme . furthermore the problem of dual use shall be addressed in a way as to ensure that no civilian technologies funded under the programmes shall be used for military purposes .


### the directives which have been adopted in the area of copyright and related rights already provide a high level of protection for rightholders and thereby for a framework where the exploitation of content protected by these rights can take place . they contribute to developing and maintaining creativity . in an internal market where competition is not distorted , protecting innovation and intellectual creation also encourages investment in innovative services and products . ### the directives which have been adopted in the area of copyright and related rights already provide a degree of protection for rightholders and thereby for a framework where the exploitation of content protected by these rights can take place . they contribute to developing and maintaining creativity , as well as promoting and safeguarding cultural diversity .


### the dissemination of content which is protected by copyright and related rights and the linked services , including books , audiovisual productions and recorded music require the licensing of rights by different holders of copyright and related rights , such as authors , performers , producers and publishers . it is normally for the rightholders to choose between the individual or collective management of their rights . management of copyright and related rights includes the granting of licences to users , the auditing of licensees and monitoring of the use of rights , the enforcement of copyright and related rights , the collection of rights revenue derived from the exploitation of rights and the distribution of the amounts due to rightholders . collecting societies enable rightholders to be remunerated for uses which they would not be in a position to control or enforce themselves , including in non - domestic markets . moreover , they have an important social and cultural role as promoters of the diversity of cultural expressions by enabling the smallest and less popular repertoires to access the market . article 167 of the treaty on the functioning of the european union requires the union to take cultural aspects into account in its action , in particular in order to respect and to promote the diversity of its cultures . ### the dissemination of content which is protected by copyright and related rights and the linked services , including books , photographs , audiovisual productions and recorded music require the licensing of rights by different holders of copyright and related rights , such as authors , performers , producers and publishers . it is normally for the rightholders to choose between the individual or collective management of their rights . management of copyright and related rights includes the granting of licences to users , the auditing of licensees and monitoring of the use of rights , the enforcement of copyright and related rights , the collection of rights revenue derived from the exploitation of rights and the transparent distribution of the amounts due to rightholders . collective management organisations , as a form of self - organisation for artists , enable rightholders to be remunerated for uses which they would not be in a position to control or enforce themselves , including in non - domestic markets . due account should be taken of their functions as trustees and their particular responsibility for cultural and social aspects and society as such . moreover , they have an important social and cultural role as promoters of the diversity of cultural expressions by enabling the smallest and less popular repertoires to access the market . article 167 of the treaty on the functioning of the european union requires the union to take cultural aspects into account in its action , in particular in order to respect and to promote the diversity of its cultures . in doing so , collective management organisations contribute significantly to the development of the cultural and artistic scene in europe as well as to the growth of cultural and creative industries .


### having the freedom to provide and to receive collective management services across national borders entails that rightholders are able to freely choose the collecting society for the management of their rights , such as public performance or broadcasting rights , or categories of rights , such as interactive communication to the public , provided the collecting society already manages such rights or categories of rights . this implies that rightholders can easily withdraw their rights or categories of rights from a collecting society and entrust or transfer all or part of them to another collecting society or another entity irrespective of the member state of residence or the nationality of either the collecting society or the rightholder . collecting societies managing different types of works and other subject matter , such as literary , musical or photographic works , should also allow this flexibility to rightholders as regards the management of different types of works and other subject matter . collecting societies should inform rightholders of this choice and allow them to exercise it as easily as possible . finally , this directive should not prejudice the possibilities of rightholders to manage their rights individually , including for non - commercial uses . ### having the freedom to provide and to receive services for collective management of copyright , related rights and other subject matter across national borders entails that rightholders are able to freely choose the collective management organisation for the management of their rights , such as public performance or broadcasting rights , or categories of rights , such as interactive communication to the public , provided the collecting society already manages such rights or categories of rights . this implies that rightholders can easily withdraw their rights or categories of rights from a collective management organisation and , if necessary , entrust or transfer all or part of them to another collective management organisation or another entity irrespective of the member state of residence or the nationality of either the collective management organisation or the rightholder . collective management organisations managing different types of works and other subject matter , such as literary , musical or photographic works , should also allow this flexibility to rightholders as regards the management of different types of works and other subject matter . collective management organisations should inform rightholders of this choice and allow them to exercise it as easily as possible . finally , this directive should not prejudice the possibilities of rightholders to manage their rights individually , including for non - commercial uses .


### to enhance the trust of rightholders , users and other collecting societies in the management services provided by collecting societies , each collecting society should be required to set up specific transparency measures . each collecting society should therefore inform individual rightholders of the amounts paid to them and the corresponding deductions made . they should also be required to provide sufficient information , including financial information , to the other collecting societies whose rights they manage through representation agreements . each collecting society should also make public enough information to ensure that rightholders , users and other collecting societies understand how it is structured and how it carries out its activities . collecting societies should in particular disclose to rightholders , users and other collecting societies the scope of their repertoire and their rules on fees , deductions and tariffs . ### to enhance the trust of rightholders , users and other collecting societies in the management services provided by collective management organisations , each collecting society should be required to set up specific transparency measures . each collecting society should therefore inform individual rightholders of the amounts paid to them and the corresponding deductions made . collective management organisations should also be required to provide sufficient information , including financial information , to the other collective management organisations whose rights they manage through representation agreements . each collecting society should also make public all relevant information in standardised form to ensure that rightholders , users and other collective management organisations understand how it is structured and how it carries out its activities . collective management organisations should in particular disclose to rightholders , users and other collective management organisations , on the basis of standardised information categories , the scope of their repertoire and their rules on fees , deductions and tariffs .


### while the internet knows no borders , the online market for music services in the eu is still fragmented , and a single market has still not been fully achieved . the complexity and difficulty associated with the collective management of rights in europe has , in a number of instances , exacerbated the fragmentation of the european digital market for online music services . this situation comes in stark contrast to the fast growing demand of consumers for access to digital content and associated innovative services , including across national borders . ### while the internet knows no borders , the online market for music services in the eu is still fragmented , and a single market has still not been fully achieved . the complexity and difficulty associated with the collective management of rights in europe has , in a number of instances , exacerbated the fragmentation of the european digital market for online music services . this situation comes in stark contrast to the fast growing demand of consumers for access to digital content and associated innovative services , including across national borders . it is therefore increasingly necessary to adapt copyright law to the digital age .


### in the online music sector , where collective management of authors ' rights on a territorial basis remains the norm , it is essential to create conditions conducive to the most effective licensing practices by collecting societies , in an increasingly cross - border context . it is therefore appropriate to provide for a set of rules coordinating basic conditions for the provision by collecting societies of multi - territorial collective licensing of authors ' online rights in musical works . these provisions should ensure the necessary minimum quality of the cross - border services provided by collecting societies , notably in terms of transparency of repertoire represented and accuracy of financial flows related to the use of the rights . they should also set out a framework for facilitating the voluntary aggregation of music repertoire and thus reducing the number of licences a user needs to operate a multi - territorial service . these provisions should enable a collecting society to request another collecting society to represent its repertoire on a multi - territorial basis where it cannot fulfil the requirements itself . there should be an obligation on the requested society , provided that it aggregates repertoire and offers or grants multi - territorial licences , to accept the mandate of the requesting society . the development of legal online music services across the union should also contribute to the fight against piracy . ### in the online music sector , where collective management of authors ' rights on a territorial basis remains the norm , it is essential to create conditions conducive to the most effective licensing practices by collecting societies , in an increasingly cross - border context . it is therefore appropriate to provide for a set of rules coordinating basic conditions for the provision by collecting societies of multi - territorial collective licensing of authors ' online rights in musical works . these provisions should ensure the necessary minimum quality of the cross - border services provided by collecting societies , notably in terms of transparency of repertoire represented and accuracy of financial flows related to the use of the rights . they should also set out a framework for facilitating the voluntary aggregation of music repertoire and thus reducing the number of licences a user needs to operate a multi - territorial service . these provisions should enable a collecting society to request another collecting society to represent its repertoire on a multi - territorial basis where it cannot fulfil the requirements itself . there should be an obligation on the requested society to accept the mandate of the requesting society .


### the statute of the collecting society shall provide for appropriate and effective mechanisms of participation of its members in the collecting society ' s decision - making process . the representation of the different categories of members in the decision - making process shall be fair and balanced . ### the statutes of the collective rights management organisations shall lay down appropriate , effective and transparent mechanisms of participation of their members in the decision - making process of the collective rights management organisations . the representation of the different categories of members in the decision - making process shall be fair and organised on a footing of equality .


### member states shall ensure that the collecting society establishes a supervisory function responsible for continuously monitoring the activities and the performance of the duties of the persons entrusted with managerial responsibilities in the collecting society . there shall be fair and balanced representation of the members of the collecting society in the body exercising this function in order to ensure their effective participation . ### member states shall ensure that the collective management organisation establishes a supervisory function responsible for continuously monitoring the activities and the performance of the duties of the persons entrusted with managerial responsibilities in the collective management organisation . there shall be fair and equal representation of all members of the collective management organisation in the body exercising this function in order to ensure their effective participation .


### member states shall ensure that the collecting society regularly and diligently distributes and pays amounts due to all rightholders it represents . the collecting society shall carry out such distribution and payments no later than 12 months from the end of the financial year in which the rights revenue was collected , unless objective reasons related in particular to reporting by users , the identification of rights , rightholders or to the matching of information on works and other subject matter with rightholders prevent the collecting society from respecting this deadline . the collecting society shall carry out such distribution and payments accurately , ensuring equal treatment of all categories of rightholders . ### member states shall ensure that the collective management organisation regularly and diligently distributes and pays amounts due to all rightholders it represents in accordance with a transparent distribution procedure ensuring equal treatment . the collective management organisation shall carry out such distribution and payments without undue delay as soon as the amount for a rightholder covers the collection costs and maintenance for the corresponding rights and administrative costs , after a period of three months and no later than six months from the collection of the relevant right revenues . the collective management organisation shall carry out such distribution and payments accurately , ensuring equal treatment of all categories of rightholders .


### where a collecting society mandates another collecting society to grant multi - territorial licences for the online rights in musical works under articles 28 and 29 , the mandated collecting society shall distribute the amounts referred to in paragraph 1 and provide the information referred to in paragraph 2 to the mandating collecting society , which shall be responsible for its subsequent distribution and information to rightholders , unless they agree otherwise . ### where a collective management organisation mandates another collective management organisation to grant multi - territorial licences for the online rights in musical works under articles 28 and 29 , the mandated collecting society shall distribute the amounts referred to in paragraph 1 and provide the information referred to in paragraph 2 to the mandating collecting society , which shall be responsible for its subsequent distribution and information to rightholders .


### the requesting collecting society shall make available to the requested collecting society the information on its own music repertoire required for the provision of multi - territorial licences for online rights in musical works . where information is insufficient or provided in a form that does not allow the requested collecting society to meet the requirements of this title , the requested collecting society shall be entitled to charge for the reasonable costs incurred in meeting such requirements or to exclude those works for which information is insufficient or cannot be used . ### the requesting collective management organisation shall make available to the requested collecting society the information on its own music repertoire required for the provision of multi - territorial licences for online rights in musical works , on the basis of standardised information categories . where information is insufficient or provided in a form that does not allow the requested collective management organisation to meet the requirements of this title , the requested collective management organisation shall be entitled to charge for the reasonable costs incurred in meeting such requirements or to exclude those works for which information is insufficient or cannot be used .


### in order to achieve the targets and objectives of the union strategy for smart , sustainable and inclusive growth , the csf funds should focus their support on a limited number of common thematic objectives . the precise scope of each of the csf funds should be set out in funds - specific rules and may be limited to only some of the thematic objectives defined in this regulation . ### the precise scope of each of the csf funds should be set out in funds - specific rules .


### it is necessary to fix the limits of those resources for the ‘ investment for growth and jobs’ goal and to adopt objective criteria for their allocation to regions and member states . in order to encourage the necessary acceleration of development of infrastructure in transport and energy as well as information and communication technologies across the union , a connecting europe facility should be created . the allocation of the annual appropriations from the funds and the amounts transferred from the cohesion fund to the connecting europe facility to a member state should be limited to a ceiling that would be fixed taking into account the capacity of that particular member state to absorb these appropriations . in addition , in line with the headline target on poverty reduction , it is necessary to reorient the scheme for food support for the most deprived persons to promote social inclusion and the harmonious development of the union . a mechanism is envisaged which transfers resources to this instrument and ensures that these will be constituted from esf allocations through an implicit corresponding decrease of the minimum percentage of the structural funds to be allocated to the esf in each country . ### it is necessary to fix the limits of those resources for the ‘ investment for growth and jobs’ goal and to adopt objective criteria for their allocation to regions and member states . in order to encourage the necessary acceleration of development of infrastructure in transport and energy as well as information and communication technologies across the union , a connecting europe facility should be created . the allocation of the annual appropriations from the funds and the amounts transferred from the cohesion fund to the connecting europe facility to a member state should be limited to a ceiling that would be fixed taking into account the capacity of that particular member state to absorb these appropriations . in addition , in line with the headline target on poverty reduction , it is necessary to reorient the scheme for food support for the most deprived persons to promote social inclusion and the harmonious development of the union . a mechanism is envisaged which transfers resources to this instrument and ensures that these will be constituted from esf allocations .


### ‘ programming’ means the process of organisation , decision - making and allocation of financial resources in several stages intended to implement , on a multi - annual basis , the joint action by the union and the member states to achieve union strategy for smart , sustainable and inclusive growth ; ### ‘ programming ' means the process of organisation , decision - making and allocation of financial resources in several stages , also with a view to support , on a multi - annual basis , the joint action by the union and the member states to achieve the headline targets of the union strategy for smart , sustainable and inclusive growth ;


### the csf funds shall provide support , through multi - annual programmes , which complements national , regional and local intervention , to deliver the union strategy for smart , sustainable and inclusive growth , taking account of the integrated guidelines , the country - specific recommendations under article 121 of the treaty and the relevant council recommendations adopted under 148 of the treaty . ### the csf funds shall provide support for socially and environmentally sustainable development , through multi - annual programmes , which complements national , regional and local intervention , also with a view to achieving the headline targets of the union strategy for smart , sustainable and inclusive growth .


### in accordance with the multi - level governance approach , the partners shall be involved by member states in the preparation of partnership contracts and progress reports and in the preparation , implementation , monitoring and evaluation of programmes . the partners shall participate in the monitoring committees for programmes . ### in accordance with the multi - level governance approach , the partners shall be involved by member states in the preparation of partnership contracts and progress reports and in the preparation , implementation , monitoring and evaluation of programmes in a timely and consistent manner . the partners shall participate in the monitoring committees for programmes .


### enhancing the competitiveness of small and medium - sized enterprises , the agricultural sector and the fisheries and aquaculture sector ; ### enhancing the contribution of small and medium - sized enterprises , the agricultural sector and the fisheries and aquaculture sector to environmentally and socially sustainable development ;


### protecting the environment and promoting resource efficiency ; ### protecting the environment and biodiversity and promoting energy and resource efficiency ;


### a summary analysis of the ex ante evaluations of the programmes justifying the selection of the thematic objectives and the indicative allocations of the csf funds ; ### a summary analysis of the programmes justifying the selection of the thematic objectives , the indicative allocations of the csf funds and a summary of the main results expected for each of the csf funds ;


### an integrated approach to address the specific needs of geographical areas most affected by poverty or of target groups at highest risk of discrimination or exclusion , with special regard to marginalised communities , where appropriate , including the indicative financial allocation for the relevant csf funds ; ### an integrated approach to address the specific needs of geographical areas most affected by poverty or of target groups at high risk of discrimination or social exclusion , with special regard to marginalised communities , including the indicative financial allocation for the relevant csf funds . the integrated approach shall demonstrate how the csf funds will contribute to the delivery of integrated national antipoverty strategies which promote the inclusion of all groups facing or at risk of poverty and social exclusion , underpinned and detailed by national social reports ;


### member states shall concentrate support , in accordance with the fund - specific rules , on actions bringing the greatest added value in relation to the union strategy for smart , sustainable and inclusive growth , addressing the challenges identified in the country - specific recommendations under article 121 of the treaty and the relevant council recommendations adopted under 148 of the treaty , and taking into account national and regional needs . ### where appropriate , member states shall concentrate support , in accordance with the fund - specific rules , on actions bringing the greatest added value in relation to the achievement of the headline targets of the union strategy for smart , sustainable and inclusive growth , taking into account national , regional and local needs .


### progress towards achievement of the union strategy for smart , sustainable and inclusive growth , in particular in respect of the milestones set out for each programme in the performance framework and the support used for climate change objectives ; ### progress towards achievement of the headline targets of the union strategy for smart , sustainable and inclusive growth , in particular in respect of the milestones set out for each programme in the performance framework and the support used for climate change objectives ;


### in accordance with directive 85 / 337 / eec , as amended , which applies to exploration and exploitation of oil and gas activities , projects likely to have significant effects on the environment by virtue , inter alia , of their nature , size or location are made subject to an assessment with regard to their effects and a requirement for development consent . in line with directive 85 / 337 / eec when an activity is subject to development consent an effective public participation should be provided in accordance with the united nations economic commission for europe convention on access to information , public participation in decision - making and access to justice in environmental matters ### in accordance with directive 85 / 337 / eec , as amended , which applies to exploration and exploitation of oil and gas activities , projects likely to have significant effects on the environment by virtue , inter alia , of their nature , size or location are made subject to an assessment with regard to their effects and a requirement for development consent . in line with the århus convention and directive 85 / 337 / eec when an activity is subject to development consent an effective public participation should be provided in accordance with the united nations economic commission for europe convention on access to information , public participation in decision - making and access to justice in environmental matters . members of the public concerned should have access to justice in order to contribute to the protection of the right to live in an environment which is adequate for personal health and well - being .


### the serious environmental concerns relating to the arctic waters , a neighbouring marine environment of particular importance for the community , require special attention to ensure the environmental protection of the arctic in relation to any offshore activities , including exploration . ### the serious environmental concerns and vulnerability relating to the unique arctic waters , a neighbouring marine environment of particular importance for the community which plays an important role in mitigating climate change , require special attention to ensure the environmental protection of the arctic . as long as an effective response to any accident in the arctic conditions cannot be guaranteed , member states should refrain from authorising offshore activities , including exploration , in the area .


### in particular , when assessing the technical and financial capacity of the entities that apply for authorisation for offshore oil and gas activities , due account shall be taken of the risk , hazards and any other relevant information related to the area concerned and the particular stage of exploration and production operations and also of the applicants ‘ financial capacities , including any financial security and capacity to cover liabilities potentially deriving from offshore oil and gas activities in question , in particular liability for environmental damages . ### in particular , when assessing the technical and financial capacity of the entities that apply for authorisation for offshore oil and gas activities , due account shall be taken of the risk , hazards and any other relevant information related to the area concerned and the particular stage of exploration and production operations and also of the applicants ‘ financial capacities , including any financial security and capacity to cover all liabilities potentially deriving from offshore oil and gas activities in question , in particular liability for environmental damages . worldwide corporate responsibility regarding accidents or incidents in which the applicant was involved , including the transparency and effectiveness of any response measures shall also be taken into account .


### member states shall ensure that the public shall be given early and effective opportunities to participate in procedures concerning licensing procedures in their jurisdiction in accordance with the requirements of annex i to this regulation . the procedures shall be those laid down in annex ii of directive 2003 / 35 / ec . ### member states shall ensure that the public shall be given early and effective opportunities to participate in procedures concerning licensing and authorisation procedures for offshore oil and gas activities in their jurisdiction in accordance with the requirements of annex i to this regulation . the procedures shall be those laid down in annex ii of directive 2003 / 35 / ec .


### the information pursuant annex vi shall be made publicly available without a need for request pursuant to applicable provisions of union legislation on access to environmental information . ### the information under article 22 to 25 and annex vi shall be made publicly available by the competent authority without a need for request in accordance with directive 2003 / 4 / ec of the european parliament and of the council of 28 january 2003 on public access to environmental information .


### member states shall conduct thorough investigations of major accidents involving significant damage or involving major loss of assets . the report of the investigation shall include an assessment of the effectiveness of the competent authority ' s regulation of the installation concerned in the time preceding the accident and recommendations for adequate changes to the relevant regulatory practices where needed . ### member states shall conduct thorough investigations of major accidents involving significant damage or involving major loss of assets . the report of the investigation shall include an assessment of the effectiveness of the competent authority ' s oversight of the installation concerned in the time preceding the accident and recommendations for adequate changes to the relevant regulatory practices where needed .


### member states shall prepare external emergency plans covering all offshore oil and gas installations and potentially affected areas within their jurisdiction . ### member states shall prepare external emergency response plans covering all offshore oil and gas installations or connected infrastructure and potentially affected areas within their jurisdiction . the external emergency response plans shall specify the role of operators in the external emergency response , and the operators ' liability regarding the costs of external emergency response .


### he is sufficiently independent of a management system which has , or has had , any responsibility for any aspect of a component in the independent scheme of verification or well examination so as to ensure he will be objective in carrying out his functions within the scheme ; ### he is independent of a management system which has , or has had , any responsibility for any aspect of a component in the independent scheme of verification or well examination so as to ensure he will be objective in carrying out his functions within the scheme ;


### an assessment of the availability of emergency response equipment and adequacy of procedures to effectively put it in use ; ### an assessment of the availability and sufficiency of emergency response equipment and adequacy of procedures to effectively put it in use , including oil spill response gap analysis where relevant ;


### a description of the equipment and the resources available ; ### a description of the equipment and the resources available , including for capping any potential spill ;


### arrangements that coordinate with the recovery arrangements described in the major hazards report for example as described in annex ii , part , and part to secure a good prospect of survival for persons on the installation during a major accident ; ### arrangements that coordinate with the recovery arrangements described in the major hazards report for example as described in annex ii , part , and part to secure a good prospect of survival for persons on the installation and minimise environmental damage during a major accident ;


### the cra infringes article 10 by not disclosing its policies and procedures regarding unsolicited credit ratings . ### the cra infringes article 10 by not disclosing its policies and procedures regarding credit ratings .


### a european state which has applied to join the union can become a member only when it has been confirmed that it meets the membership criteria agreed at the copenhagen european council in june 1993 and provided that the accession does not overstretch the capacity of the union to integrate the new member . these criteria relate to the stability of institutions guaranteeing democracy , the rule of law , respect of human rights and respect for , and protection of , minorities , the development of the economy that must be sufficient to withstand the competitive pressure in the internal market , and the ability to assume not only the rights but also the obligations under the treaties . ### a european state which has applied to join the union can become a member only when it has been confirmed that it meets the membership criteria agreed at the copenhagen european council in june 1993 and provided that the accession does not overstretch the capacity of the union to integrate the new member . these criteria relate to the stability of institutions guaranteeing democracy , the rule of law , respect of democratic and human rights , the fight against poverty and respect for , and protection of , minorities , the development of the economy that must be sufficient to withstand the competitive pressure in the internal market , in particular when it comes to maintaining and improving wage levels , workers ' and trade union rights , public services , including health , education and pensions , the protection of the environment and the ability to assume not only the rights but also the obligations under the treaties .


### assistance under this regulation should be provided in accordance with the enlargement policy framework defined by the union for each beneficiary country reflected in the annual enlargement package of the commission , which includes the progress reports and the enlargement strategy , in the stabilisation and association agreements and in the european or accession partnerships . assistance should mainly focus on a limited number of policy areas that will help beneficiary countries strengthen democratic institutions and the rule of law , reform the judiciary and public administration , respect fundamental rights and promote gender equality and non - discrimination . it should also enhance their economic and social development , underpinning a smart , sustainable and inclusive growth agenda in line with the europe 2020 strategy and to align progressively with the copenhagen criteria . the coherence between the financial assistance and the overall progress made in the implementation of the pre - accession strategy should be strengthened . ### assistance under this regulation should be provided in accordance with the enlargement policy framework defined by the union for each beneficiary country reflected in the annual enlargement package of the commission , which includes the progress reports and the enlargement strategy , in the stabilisation and association agreements and in the european or accession partnerships . assistance should mainly focus on a limited number of policy areas that will help beneficiary countries strengthen democratic institutions and the rule of law , strengthen the democratic reform and accountability of the judiciary and public administration , promote and respect fundamental , democratic , human and workers´ rights and promote and mainstream gender equality , the effective implementation of the principles of non discrimination on the grounds of sex , ethnic origin , religion or belief , disability , age or sexual orientation ; enhance the rights of the child and combat violence and harassment against women , children , minorities and other vulnerable persons . it should also enhance their economic and social development , underpinning a smart , sustainable and inclusive growth agenda ; it should in particular increase its support for the fights against social exclusion and poverty in line with the europe 2020 strategy and to align progressively with the copenhagen criteria . the coherence between the financial assistance and the overall progress made in the implementation of the pre - accession strategy should be strengthened .


### it is in the union ' s interest to assist beneficiary countries in their efforts to reform their systems in order to align them to those of the union . since the objective of this regulation cannot be sufficiently achieved by the member states and can be better achieved at union ' s level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality as set out in that article , this regulation does not go beyond what is necessary in order to achieve this objective . ### it is in the union ' s interest to , if they so wish , assist beneficiary countries in their efforts to reform their systems in order to align them to those of the union . since the objective of this regulation cannot be sufficiently achieved by the member states and can be better achieved at union ' s level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality as set out in that article , this regulation does not go beyond what is necessary in order to achieve this objective .


### promotion and protection of human rights and fundamental freedoms , enhanced respect for minority rights , promotion of gender equality , non - discrimination and freedom of the press , and promotion of good neighbourly relations ; ### promotion and protection of democratic , human and workers´ rights and fundamental freedoms , enhanced respect for minority rights , including the right to self determination , promotion and mainstreaming of gender equality , the effective implementation of the principles of non - discrimination on the grounds of sex , ethnic origin , religion or belief , disability , age or sexual orientation , including equality between women and men and the rights of all persons , including persons with disabilities and of the elderly , to guarantee data protection , enhance the rights of the child , combat violence and harassment against women , children , minorities and other vulnerable persons ; promotion and protection of the freedom of the press , and promotion of good neighbourly relations ;


### economic reforms necessary to cope with competitive pressure and market forces within the union , while pursuing economic , social and environmental goals ; ### democratising the economy , while substantially increasing social and environmental goals ;


### – progress in economic reforms ; the soundness and effectiveness of social and economic development strategies , progress towards smart , sustainable and inclusive growth , including through public investments supported by ipa ; ### – progress in democratic economic reforms ; the soundness and effectiveness of social and economic development strategies , progress towards smart , sustainable and inclusive growth , including through public investments supported by ipa ;


### for the purposes of this regulation , a natural or legal person shall be considered to have an uncovered position in a credit default swap relating to an obligation of a member state or the union , to the extent that the credit default swap is not serving to hedge against the risk of default of the issuer where the natural or legal person has a long position in the sovereign debt of that issuer or any long position in the debt of an issuer for which the price of its debt has a high correlation with the price of the obligation of a member state or the union . the party under a credit default swap that is obliged to make the payment or pay the compensation in the event of a default or a credit event relating to the reference entity does not by reason of that obligation have an uncovered position for the purposes of this paragraph . ### the trade with credit default swaps and other instruments aiming to hedge the risk of a credit default shall be prohibited on union financial markets .


### for the purposes of this regulation , a natural or legal person shall be considered to have an uncovered position in a credit default swap relating to an obligation of a member state or the union , to the extent that the credit default swap is not serving to hedge against the risk of default of the issuer where the natural or legal person has a long position in the sovereign debt of that issuer or any long position in the debt of an issuer for which the price of its debt has a high correlation with the price of the obligation of a member state or the union . the party under a credit default swap that is obliged to make the payment or pay the compensation in the event of a default or a credit event relating to the reference entity does not by reason of that obligation have an uncovered position for the purposes of this paragraph . ### for the purposes of this regulation , a natural or legal person shall be considered to have an uncovered position in a credit default swap relating to an obligation of a member state , the union or a systemically relevant institution domiciled or established in the union , to the extent that the credit default swap is not serving to hedge against the risk of default of the issuer where the natural or legal person has a long position in the debt of that issuer or any long position in the debt of an issuer for which the price of its debt has a high correlation with the price of the obligation of a member state or the union . the party under a credit default swap that is obliged to make the payment or pay the compensation in the event of a default or a credit event relating to the reference entity does not by reason of that obligation have an uncovered position for the purposes of this paragraph .


### articles 5 , 6 , 7 , 8 and 12 shall not apply to the activities of an investment firm or a third country entity or a local firm that is a member of a trading venue or of a market in a third country , whose legal and supervisory framework has been declared equivalent pursuant to paragraph 2 , when it deals as principal in a financial instrument , whether traded on or outside a trading venue , in either or both of the following capacities : ### articles 5 , 6 , 7 , 8 and 12 shall also apply to the activities of an investment firm or a third country entity or a local firm that is a member of a trading venue or of a market in a third country , whose legal and supervisory framework has been declared equivalent pursuant to paragraph 2 , when it deals as principal in a financial instrument , whether traded on or outside a trading venue , in either or both of the following capacities :


### articles 8 and 12 shall not apply to the activities of a natural or legal person when , acting as an authorised primary dealer pursuant to an agreement with an issuer of sovereign debt , it is dealing as principal in a financial instrument in relation to primary or secondary market operations relating to the sovereign debt . ### articles 8 and 12 shall also apply to the activities of a natural or legal person when , acting as an authorised primary dealer pursuant to an agreement with an issuer of sovereign debt , it is dealing as principal in a financial instrument in relation to primary or secondary market operations relating to the sovereign debt .


### pollen , being a natural constituent particular to honey , shall not be considered an ingredient , within the meaning of article 6 of directive 2000 / 13 / ec , of the products defined in annex 1 to this directive ### pollen is a constituent particular to honey , but for the purposes of this directive shall be considered as an ingredient , within the meaning of directive 2000 / 13 / ec of the european parliament and of the council of 20 march 2000 on the approximation of the laws of the member states relating to the labelling , presentation and advertising of foodstuffs .


### to support joined up policy - making and to promote the sustainable use of the marine and coastal resources and sustainable economic growth , innovation and employment in maritime sectors and coastal regions , in coherence with sectoral policy priorities and actions ; ### to support joined up policy - making and to implement the sustainable use of the marine and coastal resources , along with sustainable economic growth , innovation and employment in maritime sectors and coastal regions , in coherence with sectoral policy priorities and actions ;


### in order to promote the free movement of professionals , while ensuring a more efficient and transparent recognition of qualifications it is necessary to provide for a european professional card . in particular that card is necessary to facilitate temporary mobility and recognition under the automatic recognition system , as well as to promote a simplified recognition process under the general system . the card should be issued upon request from a professional and after submission of necessary documents and completion of related review and verification procedures by the competent authorities . the functioning of the card should be supported by the internal market information system established by regulation no [ … ] on administrative cooperation through the internal market information system23 . this mechanism should help enhance synergies and trust among competent authorities , while at the same time eliminating duplication of administrative work for the authorities and creating more transparency and certainty for professionals . the process for the application and issuing of the card should be clearly structured and incorporate safeguards and the corresponding rights of appeal for the applicant . the card and the related workflow within imi should ensure the integrity , authenticity and confidentiality of the data stored and avoid unlawful and unauthorised access to information contained therein . ### in order to promote the free movement of professionals , while ensuring a more efficient and transparent recognition of qualifications it is necessary to provide for a voluntary european professional card . in particular that card may serve to facilitate temporary mobility and recognition under the automatic recognition system , as well as to promote a simplified recognition process under the general system . the card should be issued upon request from a professional and after submission of necessary documents and completion of related review and verification procedures by the competent authorities . the functioning of the card should be supported by the internal market information system established by regulation no [ … ] on administrative cooperation through the internal market information system23 . this mechanism should help enhance synergies and trust among competent authorities , while at the same time eliminating duplication of administrative work for the authorities and creating more transparency and certainty for professionals . the process for the application and issuing of the card should be clearly structured and incorporate safeguards and the corresponding rights of appeal for the applicant . the card and the related workflow within imi should ensure the integrity , authenticity and confidentiality of the data stored and avoid unlawful and unauthorised access to information contained therein .


### the competent authorities of the home and the host member states shall update in a timely manner the corresponding imi file with information regarding disciplinary action or criminal sanctions taken or any other serious specific circumstances which are likely to have consequences for the pursuit of activities of the holder of the european professional card under this directive . such updates include the deletion of information which is no longer required . the holder of the european professional card and the competent authorities involved in the corresponding imi file shall be informed of any updates by the competent authorities concerned . ### the competent authorities of the home and the host member states shall update in a timely manner the corresponding imi file with information which is based on a prior decision by a court or a competent authority prohibiting a professional to pursue his or her professional activity , regarding disciplinary action or criminal sanctions taken or any other serious specific circumstances which are likely to have consequences for the pursuit of activities of the holder of the european professional card under this directive . such updates include the deletion of information only as long as this is necessary for the recipient authority to take appropriate action or when the prohibition is no longer in effect . the holder of the european professional card and the competent authorities involved in the corresponding imi file shall be informed of any updates by the competent authorities concerned .


### the competent authorities of a member state shall inform the competent authorities of all other member states and the commission about the identity of a professional who has been prohibited by national authorities or courts from pursuing , even temporarily , on the territory of that member state the following professional activities : ### the competent authorities of a member state shall inform the competent authorities of all other member states and the commission about the identity of a professional who has been prohibited by national authorities or courts from pursuing , even temporarily , on the territory of that member state , in line with the content referred to in article 4 . e . 1 . a , the following professional activities :


### article 21 of the treaty on european union provides that the union is to define and pursue common policies and actions , and work for a high degree of cooperation in all fields in international relations in order , inter alia , to encourage the integration of all countries into the world economy , including through the progressive abolition of restrictions on international trade . ### article 21 of the treaty on european union provides that the union shall seek to develop relations and build partnerships with third countries , and international , regional or global organisations which share the principles referred to in the first subparagraph , and that the union shall define and pursue common policies and actions , and work for a high degree of cooperation in all fields in international relations in order , inter alia , to help develop international measures to preserve and improve the quality of the environment and the sustainable management of global natural resources , in order to ensure sustainable development , to encourage the integration of all countries into the world economy , including through the progressive abolition of restrictions on international trade , and to promote an international system based on stronger multilateral cooperation and good global governance .


### many third countries are reluctant to open their public procurement markets to international competition , or to open those markets further than what they have already done . as a result , union economic operators face restrictive procurement practices in many of the trading partner of the union . those restrictive procurement practices result in the loss of substantial trading opportunities . ### many third countries are reluctant to open their public procurement markets to international competition , or to open those markets further than what they have already done , because they consider public procurement as an important instrument to address development needs of their population , in particular in rural areas . as a result , union economic operators face restrictive procurement practices in many of the trading partner of the union .


### for contracts with an estimated value equal or above eur 5 . 000 . 000 the commission should approve the intended exclusion if the international agreement concerning market access in the field of public procurement between the union and the country where the goods and / or services originate contains , for the goods and / or services for which the exclusion is proposed , explicit market access reservations taken by the union . where such an agreement does not exist , the commission should approve the exclusion where the third country maintains restrictive procurement measures leading to a lack of substantial reciprocity in market opening between the union and the third country concerned . a lack of substantial reciprocity should be presumed where restrictive procurement measures result in serious and recurring discriminations of eu economic operators , goods and services . ### for contracts with an estimated value equal or above eur 5 . 000 . 000 the commission should approve the intended exclusion if the international agreement concerning market access in the field of public procurement between the union and the country where the goods and / or services originate contains , for the goods and / or services for which the exclusion is proposed , explicit market access reservations taken by the union . where such an agreement does not exist , the commission should approve the exclusion where the third country maintains illegitimate restrictive procurement measures .


### the commission should be able , on its own initiative or at the application of interested parties or a member state , to initiate at any time an external procurement investigation into restrictive procurement practices allegedly maintained by a third country . in particular it shall take into account the fact that the commission has approved a number of intended exclusions concerning a third country pursuant to article 6 of this regulation . such investigative procedures should be without prejudice to council regulation no 3286 / 94 of 22 december 1994 laying down community procedures in the field of the common commercial policy in order to ensure the exercise of the community ' s rights under international trade rules , in particular those established under the auspices of the world trade organization14 . __________________ 14 oj l 349 , 31 . 12 . 1994 ### the commission should be able , on its own initiative or at the application of interested parties or a member state , to initiate at any time an external procurement investigation into illegitimate restrictive procurement practices allegedly maintained by a third country . such investigative procedures should be without prejudice to council regulation no 3286 / 94 of 22 december 1994 laying down community procedures in the field of the common commercial policy in order to ensure the exercise of the community ' s rights under international trade rules , in particular those established under the auspices of the world trade organization14 . __________________ 14 oj l 349 , 31 . 12 . 1994


### where the commission has , on the basis of information available to it , reason to believe that a third country has adopted or maintains a restrictive procurement practice , it should be able to start an investigation . if the existence of a restrictive procurement practice in a third country is confirmed the commission should invite the country concerned to enter into consultations with a view to improving the tendering opportunities for economic operators , goods and services in public procurement in that country . ### where the commission has , on the basis of information available to it , reason to believe that a third country has adopted or maintains an illegitimate restrictive procurement practice , it should be able to start an investigation . if the existence of an illegitimate restrictive procurement practice in a third country is confirmed the commission should invite the country concerned to enter into consultations with a view to improving the tendering opportunities for economic operators , goods and services in public procurement in that country .


### if the consultations with the country concerned do not lead to sufficient improvement in the tendering opportunities for eu economic operators , goods and services , the commission should take appropriate restrictive measures . ### if the consultations with the country concerned do not lead to sufficient improvement in the tendering opportunities for eu economic operators , goods and services , the commission should suggest to take appropriate action , including multilateral mechanisms .


### such measures may entail the mandatory exclusion of certain third - country goods and services from public procurement procedures in the european union , or may subject tenders made up of goods or services originating in that country to a mandatory price penalty . to avoid circumvention of these measures , it may also be necessary to exclude certain foreign - controlled or owned juridical persons established in the european union , that are not engaged in substantive business operations such that it has a direct and effective link with the economy of a member state concerned . appropriate measures should not be disproportionate to the restrictive procurement practices to which they respond . ### if cases of social or environmental dumping have been established , such measures may entail the mandatory exclusion of certain third - country company goods and services from public procurement procedures in the european union , or may subject tenders made up of goods or services of that company to a mandatory price penalty . to avoid circumvention of these measures , it may also be necessary to exclude certain foreign - controlled or owned juridical persons established in the european union , that are not engaged in substantive business operations such that it has a direct and effective link with the economy of a member state concerned . appropriate measures should not be disproportionate .


### where an agreement referred to in point does not exist and the third country maintains restrictive procurement measures leading to a lack of substantial reciprocity in market opening between the union and the third country concerned . ### where an agreement referred to in point does not exist and the third country maintains illegitimate restrictive procurement measures .


### the assessment by the commission of whether restrictive procurement measures are maintained by the third country concerned shall be made on the basis of the information supplied by interested parties and member states and / or facts collected by the commission during its investigation , and shall be concluded within a period of nine months after the initiation of the investigation . in duly justified cases this period may be extended by three months . ### the assessment by the commission of whether illegitimate restrictive procurement measures are maintained by the third country concerned shall be made on the basis of the information supplied by interested parties and member states and / or facts collected by the commission during its investigation , and shall be concluded within a period of nine months after the initiation of the investigation . in duly justified cases this period may be extended by three months .


### when , after the initiation of a consultation , the country concerned takes satisfactory remedial / corrective measures , but without undertaking new market access commitments , the commission may suspend or terminate the consultation : ### when , after the initiation of a consultation , the country concerned takes satisfactory remedial / corrective measures , the commission shall suspend or terminate the investigation ;


### act under article 10 to adopt implementing acts to limit the access of goods and services originating in a third country ### act under article 10 to adopt implementing acts to limit the access of goods and services originating in a third country , or in established cases of social or environmental dumping are offered by a certain company ;


### expansion of its market access commitments undertaken under the wto agreement on government or under a bilateral agreement concluded with the union in that framework , ### expansion of its market access commitments undertaken under the wto agreement on government procurement or under a bilateral agreement concluded with the union in that framework ,


### halting and reversing the loss of biodiversity and improving resource efficiency , together with addressing environment and health related concerns , remain key challenges for the union . these challenges require increased efforts at union level to provide solutions and best practices that help achieving the targets of the communication from the commission ‘ europe 2020 : a strategy for smart , sustainable and inclusive growth’ . in addition , improved governance , in particular through awareness raising and stakeholders ' involvement , is essential to deliver environmental objectives . therefore the sub - programme for environment should have three priority areas for action : environment and resource efficiency , biodiversity , and environmental governance and information . it should be possible for projects financed by the life programme to contribute to the achievement of the specific objectives of more than one of those priority areas and to involve the participation of more than one member state . ### halting and reversing the loss of biodiversity and improving resource efficiency , together with addressing environment and health related concerns , remain key challenges for the union . these challenges require increased efforts at union level to provide solutions and best practices that help achieving the targets of the communication from the commission ‘ europe 2020 : a strategy for smart , sustainable and inclusive growth’ . in addition , improved governance , in particular through awareness raising and stakeholders’ involvement , is essential to deliver environmental objectives . to achieve these objectives , the union – recognising the fundamental importance of biodiversity conservation in the outermost regions – should affirm the voluntary scheme for promoting conservation and sustainable use of biodiversity and ecosystem services in territories of the eu outermost regions and overseas countries and territories in those outermost regions referred to in article 349 tfeu to which eu environmental protection legislation does not apply , thus drawing on the experience acquired through eu nature conservation policy and particularly natura 2000 . therefore the sub - programme for environment should have four priority areas for action : environment and resource efficiency , biodiversity , environmental governance and information , and best in the outermost regions . it should be possible for projects financed by the life programme to contribute to the achievement of the specific objectives of more than one of those priority areas and to involve the participation of more than one member state .


### the maximum co - financing rate for the projects referred to in article 18 shall be 70% of eligible costs . by way of exception , the maximum co - financing rate for projects referred to in article 18 points and shall be 80% of eligible costs . ### the maximum co - financing rate for the projects referred to in article 18 shall be 70% of eligible costs . by way of exception , the maximum co - financing rate for projects referred to in article 18 points and shall be 80% of eligible costs . for projects referred to in article&#160 ; 12a the maximum co - financing rate shall be 95% .


### in order to provide for enhanced transparency of payments made to governments , large undertakings and public interest entities which are active in the extractive industry or logging of primary forestsshould disclose in a separate report on an annual basis material payments made to governments in the countries in which they operate . such undertakings are active in countries rich in natural resources , in particular minerals , oil , natural gas as well as primary forests . the report should include types of payments comparable to those disclosed by an undertaking participating in the extractive industries transparency initiative . the initiative is also complementary to the eu flegt action plan and the timber regulation which require traders of timber products to exercise due diligence in order to prevent illegal wood from entering into the eu market . ### in order to provide for enhanced transparency of payments made to governments and local or regional public authorities , undertakings and public interest entities should disclose in a separate report on an annual basis material payments made to governments and local or regional public authorities in the countries in which they operate . the report should include certain contextual information . disclosure of such a report is valuable for investors in order to enable them to make better - informed decisions , by improving corporate governance and accountability . such disclosure is also intended to support good governance in the tax area and to address and reduce tax evasion . the report should incorporate disclosures on a country basis , with certain additional reporting requirements on a project basis for undertakings and public - interest entities active in the extractive industry , in agriculture , in fisheries , in large - scale energy production , in the construction sector or in the logging of primary forests . the initiative is also complementary to the eu flegt action plan and the timber regulation which require traders of timber products to exercise due diligence in order to prevent illegal wood from entering into the eu market .


### the reports should serve to facilitate governments of resource - rich countries in implementing the eiti principles and criteria and account to their citizens for payments such governments receive from undertakings active in the extractive industry or loggers of primary forests operating within their jurisdiction . the report should incorporate disclosures on a country and project basis , where a project is considered as the lowest level of operational reporting unit at which the undertaking prepares regular internal management reports , such as a concession , geographical basin , etc and where payments have been attributed to such projects . in the light of the overall objective of promoting good governance in these countries , the materiality of payments to be reported should be assessed in relation to the recipient government . various criteria on materiality could be envisaged such as payments of an absolute amount , or a percentage threshold and these can be defined through a delegated act . the reporting regime should be subject to a review and a report by the commission within five years of the entry into force of the directive . the review should consider the effectiveness of the regime and take into account international developments including issues of competitiveness and energy security . the review should also take into account the experience of preparers and users of the payments information and consider whether it would be appropriate to include additional payment information such as effective tax rates and recipient details , such as bank account information . ### the reports should serve to facilitate governments in implementing accountability and transparency standards equivalent to at least the eiti principles and criteria and account to their citizens for payments such governments and local or regional authorities receive . in the reports by undertakings and public - interest entities which are active in the extractive industry , in agriculture , in fisheries , in large - scale energy production , in the construction sector or in the logging of primary forests , payments to governments shall also be disclosed on a project basis , where ' project ' means an operational unit set up on the basis of one or more licences , concessions , contracts or other specific legal agreements which give rise to fiscal or parafiscal liabilities . in the light of the overall objective of promoting good governance in these countries , the materiality threshold of payments to be reported should be limited to projects for which the total amount of payments exceeds eur 100 000 . the reporting regime should be subject to a review and a report by the commission within four years of the entry into force of this directive . the review should consider the effectiveness of the regime and take into account international developments including issues of competitiveness , food security and energy security . the review should also take into account the experience of preparers and users of the payments information and consider whether it would be appropriate to include additional payment information such as effective tax rates and recipient details , such as bank account information .


### member states shall require large undertakings and all public interest entities active in the extractive industry or the logging of primary forests to prepare and make public a report on payments made to governments on an annual basis . ### member states shall require undertakings and all public interest entities to prepare and make public a report on payments made to governments and local or regional public authorities and certain contextual information as defined in article 38 on an annual basis . the report shall include information concerning activities of subsidiaries , associates , joint ventures , permanent establishments and other trading arrangements to the extent that they are consolidated in the annual financial statements of the undertaking or effectively controlled by the undertaking in question .


### a member state shall require any large undertaking or any public interest entity active in the extractive industry or the logging of primary forests and governed by its national law to draw up a consolidated report on payments to governments in accordance with articles 37 and 38 if that parent undertaking is under the obligation to prepare consolidated financial statements as laid down in article 23 to 23 of this directive . ### a member state shall require any undertaking or any public interest entity governed by its national law to draw up a consolidated report on payments to governments in accordance with articles 37 and 38 if that parent undertaking is under the obligation to prepare consolidated financial statements as laid down in article 23 to 23 of this directive . that report shall form part of the annual financial statement .


### the commission shall review and report on the implementation and effectiveness of this chapter , in particular as regards the scope of the reporting obligations and the modalities of the reporting on a project basis . the review should also take into account international developments and consider the effects on competitiveness and security of energy supply . it should be completed at the latest five years after the date of entry into force of this directive . the report shall be submitted to the european parliament and the council , together with a legislative proposal , if appropriate . ### the commission shall review and report on the implementation and effectiveness of this chapter , in particular as regards the scope of the reporting obligations and the modalities of the reporting on a project basis . the review shall also take into account international developments and consider the effects on competitiveness , food security and security of energy supply . it shall also review the list of sectors for which project - by - project reporting is required . the review shall be completed at the latest four years after the date of entry into force of this directive . the report shall be submitted to the european parliament and the council , together with a legislative proposal , if appropriate .


### in line with the conclusions of the european council of 17 june 2010 , whereby the union strategy for smart , sustainable and inclusive growth was adopted , the union and member states should implement the delivery of smart , sustainable and inclusive growth , while promoting harmonious development of the union and reducing regional disparities . ### in line with the conclusions of the european council of 17 june 2010 , whereby the union strategy for smart , sustainable and inclusive growth was adopted , the union and member states should implement the delivery of smart , sustainable and inclusive growth , while promoting harmonious development of the union and reducing regional disparities . cohesion policy plays a predominant role for the accomplishment of the eu 2020 objectives and a sound autonomous cohesion policy is a prerequisite for a successful implementation of this strategy ;


### for the partnership contract and each programme respectively , a member state should organise a partnership with the representatives of competent regional , local , urban and other public authorities , economic and social partners , and bodies representing civil society , including environmental partners , non - governmental organisations , and bodies responsible for promoting equality and non - discrimination . the purpose of such a partnership is to respect the principle of multi - level governance , ensure the ownership of planned interventions by stakeholders and build on the experience and know - how of relevant actors . the commission should be empowered to adopt delegated acts providing for a code of conduct in order to ensure that partners are involved in the preparation , implementation , monitoring and evaluation of partnership contracts and programmes in a consistent manner . ### for the partnership contract and each programme respectively , a member state should organise by way of concluding a partnership agreement with the competent regional and local authorities and economic and social partners . member states shall also cooperate , in accordance with its institutional , legal and financial framework , a partnership with the representatives of competent regional , local , urban and other public authorities , economic and social partners , and bodies representing civil society , including environmental partners , non - governmental organisations , and bodies responsible for promoting equality and non - discrimination . the purpose of such a partnership is to respect the principle of multi - level governance , ensure the ownership of planned interventions by stakeholders and build on the experience and know - how of relevant actors . the commission should be empowered to adopt delegated acts providing for a code of conduct in order to ensure that partners are involved in the preparation , implementation , monitoring and evaluation of partnership contracts and programmes in a consistent manner .


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


### on the basis of the common strategic framework adopted by the commission , each member state should prepare , in cooperation with its partners and in dialogue with the commission , a partnership contract . the partnership contract should translate the elements set out in the common strategic framework into the national context and set out firm commitments to the achievement of union objectives through the programming of the csf funds . ### on the basis of the common strategic framework adopted by the commission , each member state , in consultation with its elected regional and local authorities , should prepare , in cooperation with its partners and in dialogue with the commission , a partnership contract . the partnership contract should translate the elements set out in the common strategic framework into the national context and set out firm commitments to the achievement of union objectives defined in article 174 of the treaty and making it possible to build a fair and balanced social market economy within the european union through the programming of the csf funds


### establishing a closer link between cohesion policy and the economic governance of the union will ensure that the effectiveness of expenditure under the csf funds is underpinned by sound economic policies and that the csf funds can , if necessary , be redirected to addressing the economic problems a country is facing . this process has to be gradual , starting with amendments to the partnership contract and to the programmes in support of council recommendations to address macroeconomic imbalances and social and economic difficulties . where , despite the enhanced use of csf funds , a member state fails to take effective action in the context of the economic governance process , the commission should have the right to suspend all or part of the payments and commitments . decisions on suspensions should be proportionate and effective , taking into account the impact of the individual programmes for addressing the economic and social situation in the relevant member state and previous amendments to the partnership contract . when deciding on suspensions , the commission should also respect equality of treatment between member states , taking into account in particular the impact of the suspension on the economy of the member state concerned . the suspensions should be lifted and funds be made available again to the member state concerned as soon as the member state takes the necessary action . ### establishing a link between cohesion policy and the economic and social governance of the union may improve the effectiveness of expenditure under the csf funds by underpinning it with the implementation of intelligent , inclusive and sustainable economic and social policies . it is important that the csf funds can , if necessary , be redirected to addressing the economic problems a country is facing . this process has to be gradual , starting with amendments to the partnership contract and to the programmes in support of council recommendations to address macroeconomic imbalances and social and economic difficulties


### financial instruments are increasingly important due to their leverage effect on csf funds , their capacity to combine different forms of public and private resources to support public policy objectives , and because revolving forms of finance make such support more sustainable over the longer term . ### financial instruments are increasingly important due to their leverage effect on csf funds , their capacity to combine different forms of public and private resources to support public policy objectives , and because revolving forms of finance make such support more sustainable over the longer term . the provision of grants must always be retained as an option and it must be the responsibility of those involved on the ground to use the funding mix best suited to regional needs ;


### it is necessary to evaluate the effectiveness , efficiency and impact of assistance from the csf funds in order to improve the quality of implementation and design of programmes , and to determine the impact of programmes in relation to the targets for the union strategy for smart sustainable and inclusive growth and in relation to gdp and unemployment , where relevant . the responsibilities of member states and the commission in this regard should be specified . ### it is necessary to evaluate the effectiveness , efficiency and impact of assistance from the csf funds in order to improve the quality of implementation and design of programmes , and to determine the impact of programmes in relation to the targets for the union objectives defined in article 174 of the treaty and in relation to gdp and unemployment , where relevant . the responsibilities of member states and the commission in this regard should be specified .