### “4 . activities relating to pharmacovigilance , to the operation of communications networks and to market surveillance shall be under the permanent control of the management board in order to guarantee the independence of the agency . this shall not preclude the collection of fees to be paid by marketing authorisation holders for the carrying out of these activities by the agency . ' ### “4 . activities relating to pharmacovigilance , to the operation of communications networks and to market surveillance shall be under the permanent control of the management board and shall receive public funding , in order to guarantee the independence of the agency . this shall not preclude the collection of fees to be paid by marketing authorisation holders for the carrying out of these activities by the agency . '


### flows of dirty money through transfers of funds can damage the stability and reputation of the financial sector and threaten the internal market . terrorism shakes the very foundations of our society . the soundness , integrity and stability of the system of transfers of funds and confidence in the financial system as a whole could be seriously jeopardised by the efforts of criminals and their associates either to disguise the origin of criminal proceeds or to transfer funds for terrorist purposes . ### massive flows of illicit money damage the stability and reputation of the financial sector and threaten the single market as well as international development , and terrorism shakes the very foundations of our society . crucial facilitators of illicit money flows are secretive corporate structures operating in and through secrecy jurisdictions , often also referred to as tax havens . the soundness , integrity and stability of the system of transfers of funds and confidence in the financial system as a whole is being seriously jeopardised by the efforts of criminals and their associates either to disguise the origin of criminal proceeds or to transfer funds for terrorist purposes .


### in order to facilitate their criminal activities , money launderers and terrorist financers could try to take advantage of the freedom of capital movements entailed by the integrated financial area , unless certain coordinating measures are adopted at union level . by its scale , union action should ensure that recommendation 16 on wire transfers of the financial action task force , adopted in february 2012 is transposed uniformly throughout the union , and , in particular , that there is no discrimination between national payments within a member state and cross border payments between member states . uncoordinated action by member states alone in the field of cross border transfers of funds could have a significant impact on the smooth functioning of payment systems at union level and therefore damage the internal market in the field of financial services . ### in order to facilitate their criminal activities , money launderers and terrorist financers are taking advantage of the freedom of capital movements entailed by the integrated financial area , unless certain coordinating measures are adopted at union level . by its scale , union action should ensure that recommendation 16 on wire transfers of the financial action task force , adopted in february 2012 is transposed uniformly throughout the union , and , in particular , that there is no discrimination between national payments within a member state and cross border payments between member states . uncoordinated action by member states alone in the field of cross border transfers of funds could have a significant impact on the smooth functioning of payment systems at union level and therefore damage the internal market in the field of financial services .


### however , this regulation shall apply when a credit or debit card , or a mobile telephone , or any other digital or it device is used in order to effect a person - to - person transfer of funds . ### however , this regulation shall apply when a credit or debit card , or a mobile telephone , or any other digital or it prepaid or postpaid device is used in order to affect a person - to - person transfer of funds .


### cooperation obligations ### cooperation obligations and equivalence


### provisions should be established to ensure that only high - quality non - promotional information about the benefits and the risks of medicinal products subject to medical prescription may be disseminated . the information should take into account patients needs and expectations in order to empower patients , allow informed choices and enhance the rational use of medicinal products . therefore , any information to the general public on prescription - only medicinal products should comply with a set of quality criteria . ### provisions should be established to ensure that only official information about the benefits and the risks of authorised medicinal products subject to medical prescription may be made available , notably through the community database referred to in articles 57 and 57 of regulation no 726 / 2004 . the information should take into account patients needs and expectations in order to empower patients , allow informed choices and enhance the rational use of medicinal products .


### - information relating to human health or diseases , provided that there is no reference , even indirect , to medicinal products ; ### - information relating to human health or diseases provided that it is based on scientific evidence and that there is no reference , even indirect , to medicinal products ;


### supply the authorities or bodies responsible for monitoring information on medicinal products with the information and assistance they require to carry out their responsibilities ; ### provide the authorities or bodies responsible for monitoring information on medicinal products with the information , the financial resources and assistance they require to carry out their responsibilities ;


### over the next decade , unprecedented investment volumes in europe ' s transport , energy , information and communication networks will be needed in order to underpin the europe 2020 flagship actions and develop smart , upgraded and fully interconnected infrastructures to foster the completion of the internal market . estimated investment needs of the ten - t network amount to eur 500 billion . among energy infrastructure projects of european relevance , approximately eur 100 billion of investments is at risk of not being delivered due to obstacles related to permit granting , regulation and financing , while another eur 100 billion will be financed by the sector itself . investment needs for achieving the digital agenda objective of providing fast internet access for all european citizens and businesses range from eur 181 to eur 273 billion , of which private sector investment is expected to amount to between eur 30 billion and eur 100 billion . ### over the next decade , unprecedented investment volumes in europe ' s transport , energy , information and communication networks will be needed in order to underpin the europe 2020 flagship actions and develop smart , upgraded and fully interconnected infrastructures to foster the completion of the internal market . estimated investment needs of the ten - t network amount to eur 500 billion . among energy infrastructure projects of european relevance , approximately eur 100 billion of investments is at risk of not being delivered due to obstacles related to permit granting , regulation and financing , while another eur 100 billion will be financed by the sector itself . investment needs for achieving the digital agenda objective of providing fast internet access for all european citizens and businesses range from eur 181 to eur 273 billion , of which private sector investment is expected to amount to between eur 30 billion and eur 100 billion . it should be ensured , however , that eu - funded transport infrastructure takes into account energy - efficiency needs , noise reduction at source , biodiversity and climate - change challenges .


### budgetary funds should be requested by the eib on the basis of a range of projects , which the eib would deem suitable and likely to be realised . any such requests should be made prior to 31 december 2013 . due to the complexity of large infrastructure projects , the actual approval might take place at a later date , but no later than 31 december 2014 . ### budgetary funds should be requested by the eib on the basis of a range of projects , which the eib would deem suitable and likely to be realised . any such requests should be made prior to 31 december 2013 . due to the complexity of large infrastructure projects , the actual approval might take place at a later date , but no later than 31 december 2014 . the selection of projects eligible for eu funding should reflect the need for infrastructure that minimises the impact on the environment , that is resilient to the possible impact of climate change , and that improves the health , safety and security of users .


### procurement within the meaning of this directive is the purchase or other forms of acquisition of works , supplies or services by one or more contracting entities from economic operators chosen by those contracting entities , provided that the works , supplies or services are intended for the pursuit of one of the activities referred to in articles 5 to 11 . ### public procurement within the meaning of this directive is a contract concluded for pecuniary interest for the acquisition of works , supplies or services by one or more contracting entities from economic operators chosen by those contracting entities , provided that the works , supplies or services are intended for the pursuit of one of the activities referred to in articles 5 to 11 .


### this directive shall apply to activities relating to the provision of : ### this directive shall apply , without prejudice to directive 97 / 67 / ec , to activities relating to the provision of :


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


### member states may provide that contracting entities may apply a negotiated procedure without prior call for competition only in the specific cases and circumstances referred to expressly in article 42 . ### member states may provide that contracting entities may apply a negotiated procedure without prior call for competition only in the specific cases and circumstances referred to expressly in article 42 , provided that they ensure the equal treatment of all tenderers .


### for all procurement , the subject of which is intended for use by persons , whether general public or staff of the contracting entity , those technical specifications shall , except in duly justified cases , be drawn up so as to take into account accessibility criteria for people with disabilities or design for all users . ### for all procurement , the subject of which is intended for use by persons , whether general public or staff of the contracting entity , those technical specifications shall , except in duly justified cases that shall be stated in the call for competition , be drawn up so as to take into account accessibility criteria for people with disabilities or design for all users .


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


### for service contracts and contracts involving the design of works , the organisation , qualification and experience of the staff assigned to performing the contract in question may be taken into consideration , with the consequence that , following the award of the contract , such staff may only be replaced with the consent of the contracting entity which must verify that replacements ensure equivalent organisation and quality ; ### for service contracts and contracts involving the design of works , the organisation , qualification and experience of the staff assigned to performing the contract in question may be taken into consideration ;


### abnormally low tenders ### price of the tender


### the contracting entity shall request economic operators to explain the price or costs charged , where all of the following conditions are fulfilled : ### the contracting entity shall request economic operators to explain in a detailed manner the price or costs charged for their tender .


### where tenders appear to be abnormally low for other reasons , contracting entities may also request such explanations . ### where tenders appear to be abnormally low , contracting authorities shall request additional explanations before rejecting a tender .


### in the procurement documents , the contracting entity may ask , or may be required by a member state to ask , the tenderer to indicate in its tender any share of the contract it may intend to subcontract to third parties and any proposed subcontractors . ### in the procurement documents , the contracting authority may ask the tenderer to indicate in its tender any share of the contract it may intend to subcontract to third parties and any proposed subcontractors . any change in the subcontracting chain and any new subcontractor shall be indicated without delay to the contracting authority .


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


### the delegation of power referred to in articles 4 , 35 , 33 , 38 , 25 , 65 , 70 , 77 , 85 and 95 shall be conferred on the commission for an indeterminate period of time from the [ date of entry into force of this directive ] . ### the delegation of power referred to in articles 4 , 35 , 33 , 38 , 25 , 65 , 70 , 77 , 85 and 95 shall be conferred on the commission for a period of five years from the [ date of entry into force of the present directive ] . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### according to the technical analysis made for the impact assessment , the technologies to meet the target of 147 g co2 / km are available and the required reductions may be achieved at a lower cost than estimated in the previous analysis carried out previous to the adoption of regulation no 510 / 2011 . in addition , the distance between the current average specific emissions of co2 from new light commercial vehicles and the target has also decreased . therefore , the feasibility of the target of 147 g co2 / km to be reached by 2020 is confirmed . ### according to the technical analysis made for the impact assessment , the technologies to meet the target of 147 g co2 / km are available and the required reductions may be achieved at a lower cost than estimated in the previous analysis carried out previous to the adoption of regulation no 510 / 2011 . in addition , the distance between the current average specific emissions of co2 from new light commercial vehicles and the target has also decreased . technical analysis shows that a more stringent target would be technologically feasible and cost - effective . therefore , the target for 2020 shall be set at 110 g co2 / km .


### ‘ from 2020 : indicative specific emissions of co2 = 147 + a × where : m = mass of the vehicle in kilograms m0 = the value adopted pursuant to article 13 a = 0 , 096 . ' ### ' from 2020 : indicative specific emissions of co2 = 110 + a × where : m = mass of the vehicle in kilograms m0 = the value adopted pursuant to article 13 a = 0 , 096 . '


### ' serious transnational crime ' means the offences under national law referred to in article 2 of council framework decision 2002 / 584 / jha if they are punishable by a custodial sentence or a detention order for a maximum period of at least three years under the national law of a member state , and if : ### ' serious transnational crime ' means the following offences under national law referred to in article 2 of council framework decision 2002 / 584 / jha : trafficking in human beings , illicit trafficking in narcotic drugs and illicit trafficking in weapons , munitions and explosives , if they are punishable by a custodial sentence or a detention order for a maximum period of at least three years under the national law of a member state , and if :


### the passenger information unit of a member state shall transfer the pnr data or the results of the processing of pnr data of the persons identified in accordance with points and of paragraph 2 for further examination to the relevant competent authorities of the same member state . such transfers shall only be made on a case - by - case basis . ### the passenger information unit of a member state shall transfer the pnr data or the results of the processing of pnr data of the persons identified in accordance with point of paragraph 2 for further examination to the relevant competent authorities of the same member state . such transfers shall only be made on a case - by - case basis .


### that investment firms regularly update bid and offer prices published in accordance with article 13 and maintain prices which reflect the prevailing market conditions ; ### that investment firms regularly update bid and offer prices published in accordance with article 13 and maintain prices which reflect market conditions ;


### the reports shall , in particular , include details of the names and numbers of the instruments bought or sold , the quantity , the dates and times of execution , the transaction prices , a designation to identify the clients on whose behalf the investment firm has executed that transaction , a designation to identify the persons and the computer algorithms within the investment firm responsible for the investment decision and the execution of the transaction , and means of identifying the investment firms concerned . for transactions not carried out on a regulated market , mtf or otf , the reports shall also include a designation identifying the types of transactions in accordance with the measures to be adopted pursuant to article 19 and article 20 . ### the reports shall , in particular , include details of the type , the class of assets , the names and numbers of the instruments bought or sold , the quantity , the dates and times of execution , the transaction prices , a designation to identify the clients on whose behalf the investment firm has executed that transaction , a designation to identify the persons and the computer algorithms within the investment firm responsible for the investment decision and the execution of the transaction , and means of identifying the investment firms concerned . additionally , for transactions related to commodity derivatives , the report shall indicate whether such transactions qualify as bona - fide hedging transactions . for transactions not carried out on a regulated market , mtf or otf , the reports shall also include a designation identifying the types of transactions in accordance with the measures to be adopted pursuant to article 19 and article 20 .


### the reports shall , in particular , include details of the names and numbers of the instruments bought or sold , the quantity , the dates and times of execution , the transaction prices , a designation to identify the clients on whose behalf the investment firm has executed that transaction , a designation to identify the persons and the computer algorithms within the investment firm responsible for the investment decision and the execution of the transaction , and means of identifying the investment firms concerned . for transactions not carried out on a regulated market , mtf or otf , the reports shall also include a designation identifying the types of transactions in accordance with the measures to be adopted pursuant to article 19 and article 20 . ### the reports shall , in particular , include details of the type , the class of assets , the names and numbers of the instruments bought or sold , the quantity , the dates and times of execution , the transaction prices , a designation to identify the clients on whose behalf the investment firm has executed that transaction , a designation to identify the persons and the computer algorithms within the investment firm responsible for the investment decision and the execution of the transaction , and means of identifying the investment firms concerned . additionally , for transactions related to commodity derivatives , the report shall indicate whether such transactions qualify as bona - fide hedging transaction . for transactions not carried out on a regulated market , mtf or otf , the reports shall also include a designation identifying the types of transactions in accordance with the measures to be adopted pursuant to article 19 and article 20 .


### it ensures market transparency and integrity by preventing market abuse in the form of insider dealing and market manipulation . ### it ensures market transparency and integrity by preventing market abuse in the form of speculation , insider dealing , and market manipulation .


### the measures listed in points to of paragraph 1 address a threat to the orderly functioning and integrity of financial markets including in relation to delivery arrangements for physical commodities , or the stability of the whole or part of the financial system in the union ; ### the measures listed in points to of paragraph 1 address a threat to the efficient and orderly functioning and integrity of financial markets including in relation to delivery arrangements for physical commodities , consisting in excessive speculation and market manipulation , increased volatility or distortion of price discovery , or a threat to the stability of the whole or part of the financial system in the union or a distortion of risk management functions of commodity markets ;


### the sustainable management of natural resources , and climate action ; ### the sustainable management of natural resources , including water , soil , biodiversity , energy and measures to combat climate change and sustainable farming systems which adapt to the consequences of climate change ;


### strengthening the links between agriculture and forestry and research and innovation ; ### strengthening the links between sustainable practices in agriculture and forestry and research and innovation ;


### better integrating primary producers into the food chain through quality schemes , promotion in local markets and short supply circuits , producer groups and inter - branch organisations ; ### better integrating primary producers and consumers into the food chain through quality schemes , promotion in local markets and short supply circuits , producer groups , producer - consumer groups and inter - branch organisations ;


### restoring and preserving biodiversity , including in natura 2000 areas and high nature value farming , and the state of european landscapes ; ### restoring , preserving and sustainable use of biodiversity and on - farm genetic diversity , including in natura 2000 areas and high nature value farming , and the state of european landscapes ;


### improving soil management . ### improving soil structure , its resilience to erosion and extreme weather events , fertility and management .


### promoting resource efficiency and supporting the shift towards a low carbon and climate resilient economy in agriculture , food and forestry sectors , with a focus on the following areas : ### promoting energy - saving and resource efficient use of agricultural resources and supporting the shift towards a low carbon and climate resilient economy in agriculture , food and forestry sectors , with a focus on the following areas :


### increasing efficiency in water use by agriculture ; ### increasing saving of and efficiency in water use by agriculture ;


### increasing efficiency in energy use in agriculture and food processing ; ### increasing energy saving and efficiency in energy use in agriculture and food processing ;


### the analysis shall be structured around the union priorities for rural development . specific needs concerning the environment , climate change mitigation and adaptation and innovation shall be assessed across union priorities for rural development , in view of identifying relevant responses in these two areas at the level of each priority ; ### the analysis shall be structured around the union priorities for rural development . specific needs concerning the environment , biodiversity and wild species , water and soil management , climate change mitigation and adaptation and innovation shall be assessed across union priorities for rural development , in view of identifying relevant responses in these two areas at the level of each priority ;


### promote the training of advisors . ### promote the training of advisors with the specific goal to promote advanced sustainable farming systems , such as organic farming .


### the sustainable development of the economical activity of the small farms as defined by the member states and at least of the farms participating in the small farmers scheme referred to in title v of regulation no dp / 2012 ; or ### the sustainable development of the economical activity and environmental performance of the small farms as defined by the member states and at least of the farms participating in the small farmers scheme referred to in title v of regulation no dp / 2012 ; or


### concern infrastructure related to the development and adaptation of agriculture , including access to farm and forest land , land consolidation and improvement , energy supply and , water management ; or ### concern environmentally friendly infrastructure related to the development and adaptation of agriculture , including access to farm and forest land , land consolidation and improvement , energy saving and supply and , water management ; or


### support under paragraph 1 shall be conditional on the submission of a business plan . implementation of the business plan has to start within six months from the date of the decision granting the aid . ### support under paragraph 1 shall be conditional on the submission of a business plan including an impact assessment for improved environmental performance . implementation of the business plan has to start within six months from the date of the decision granting the aid .


### support may be provided for the conservation of genetic resources in agriculture for operations not covered by the provisions under paragraphs 1 to 8 . ### support shall be provided for the conservation and sustainable use of genetic resources in agriculture for operations not covered by the provisions under paragraphs 1 to 8 . inclusion of this measure in rural development programmes shall be compulsory .


### support under this measure shall be granted , per hectare of uaa , to farmers or groups of farmers who undertake , on a voluntary basis to convert to or maintain organic farming practices and methods as defined in council regulation no 834 / 2007 . ### support under this measure shall be granted , per hectare of uaa , to farmers or groups of farmers who undertake , on a voluntary basis to convert to or maintain organic farming practices and methods as defined in council regulation no 834 / 2007 . inclusion of this measure in rural development programmes shall be compulsory .


### the construction , acquisition , including leasing , or improvement of immovable property ; ### the construction , acquisition , including leasing , or improvement of immovable property , giving priority to energy saving and climate friendly equipment ;


### the purchase or lease purchase of new machinery and equipment including computing software up to the market value of the asset ; ### the purchase or lease purchase of new machinery and equipment including computing software up to the market value of the asset , giving priority to energy saving and climate friendly equipment ;


### promote a resource efficient , productive , low emission , climate friendly and resilient agricultural sector , working in harmony with the essential natural resources on which farming depends ; ### promote a resource efficient and energy saving , productive , low emission , climate friendly and resilient agricultural sector , working in harmony with the essential natural resources on which farming depends ;


### improve processes to preserve the environment , adapt to climate change and mitigate it ; ### focus on improving processes to preserve the environment , promote agro - ecological production systems and low - input agricultural practices , adapt to climate change and mitigate it ;


### in order to address the specific needs of the cohesion fund , and in line with the europe 2020 strategy that cohesion policy should support the need to deliver smart , sustainable and inclusive growth , it is necessary to set out investment priorities within the scope of the thematic objectives laid down in regulation no [ … ] / 2012 [ cpr ] . ### in order to address the specific needs of the cohesion fund , and in line with the europe 2020 strategy that cohesion policy should support the need to deliver smart , sustainable and inclusive growth while minimising the external costs for society of the activities supported , it is necessary to set out investment priorities within the scope of the thematic objectives laid down in regulation no [ … ] / 2012 [ cpr ] .


### investments in the environment , including areas related to sustainable development and energy which present environmental benefits ; ### investments in the environment , including areas related to sustainable development , renewable energy and energy savings which present environmental benefits ;


### promoting low - carbon strategies for urban areas ; ### promoting climate strategies for urban areas ;


### promoting climate change adaptation , risk prevention and management by : ### promoting ecosystem - based climate change adaptation , risk prevention and management by :


### protecting the environment and promoting resource efficiency by : ### protecting the environment , biodiversity and ecosystems and promoting resource efficiency by :


### supporting a multi - modal single european transport area by investing in the trans - european transport network ; ### supporting a multi - modal single european transport area by investing in the trans - european transport network including sustainable waterborne transport ;


### developing environment - friendly and low - carbon transport systems including promoting sustainable urban mobility ; ### developing environment - friendly and climate compatible transport systems including promoting sustainable urban mobility with a focus on promoting intermodal chains of walking , cycling - carsharing , carpooling , and public transport ;


### enhancing institutional capacity and an efficient public administration by strengthening of institutional capacity and the efficiency of public administrations and public services related to implementation of the cohesion fund . ### enhancing institutional capacity and an efficient public administration by strengthening of institutional capacity and the efficiency of public administrations , public services and bodies representing civil society referred to in article 5 of regulation no [ … ] / 2012 [ cpr ] related to the implementation of the cohesion fund .


### in the case of non - prepacked food , the provisions of article 41 shall apply . ### in the case of non - prepacked food , the provisions of article 41 shall apply . notwithstanding this , particulars referred to in article 9 and shall be made available to customers on request at the sales premises .


### – food directly supplied by the manufacturer of small quantities of products to the final consumer or to local retail establishments directly supplying the final consumer ; ### – food directly supplied by small undertakings in small quantities of products to the final consumer or to local retail establishments directly supplying the final consumer ;


### where appropriate , rules applicable to financial counterparties , should also apply to non - financial counterparties . it is recognised that non - financial counterparties use otc - contracts in order to cover themselves against commercial risks directly linked to their commercial activities . consequently , in determining whether a non - financial counterparty should be subject to the clearing obligation , consideration should be given to the purpose for which that non - financial counterparty uses otc derivatives and to the size of the exposures that it has in those instruments . when establishing the threshold for the clearing obligation , esma should consult all relevant authorities , as for example regulators responsible for commodity markets , in order to ensure that the particularities of these sectors are fully taken into account . moreover , by 31 december 2013 , the commission shall assess the systemic importance of the transactions of non - financial firms in otc derivatives in different sectors , including the energy sector . ### where appropriate , rules applicable to financial counterparties , should also apply to non - financial counterparties . it is recognised that non - financial counterparties use derivative contracts in order to cover themselves against commercial risks directly linked to their commercial activities . consequently , in determining whether a non - financial counterparty should be subject to the clearing obligation , consideration should be given to the purpose for which that non - financial counterparty uses derivatives and to the size of the exposures that it has in those instruments . when establishing the threshold for the clearing obligation , esma should consult all relevant authorities , as for example regulators responsible for commodity markets , in order to ensure that the particularities of these sectors are fully taken into account . moreover , by 31 december 2013 , the commission shall assess the systemic importance of the transactions of non - financial firms in derivatives in different sectors , including the energy sector .


### financial counterparties or the non - financial counterparties referred to in article 7 , that enter into an otc derivative contract not cleared by a ccp , shall ensure that appropriate procedures and arrangements are in place to measure , monitor and mitigate operational and credit risk , including at least : ### financial counterparties or the non - financial counterparties referred to in article 7 , that enter into a derivative contract not cleared by a ccp , shall ensure with due diligence that appropriate prudential procedures and arrangements are in place to measure , monitor and mitigate operational , market and credit risk , including at least :


### the competent authority or any other authority shall inform esma , the college and other relevant authorities without undue delay of any emergency situation relating to a ccp , including developments in financial markets , which may have an adverse effect on market liquidity and the stability of the financial system in any of the member states where the ccp or one of its clearing members are established . ### the competent authority or any other authority shall inform esma , the escb and esrb and other relevant authorities without undue delay of any emergency situation relating to a ccp , including developments in financial markets , which may have an adverse effect on market liquidity and the stability of the financial system in any of the member states where the ccp or one of its clearing members are established . in case of emergency , esa in close cooperation with esa the escb and esrb , shall secure and coordinate intervention to mitigate any impact on the orderly functioning of the union ' s financial markets while ensuring equal treatment of ccps .


### the indicative specific emissions of co2 for each light commercial vehicle , measured in grams per kilometre , shall be determined in accordance with the following formulae : from 2014 to 2017 : indicative specific emissions of co2 = 175 + a × where : m = mass of the vehicle in kilograms m0 = 1706 , 0 a = 0 , 093 from 2018 : indicative specific emission of co2 = 175 + a × where : m = mass of the vehicle in kilograms m0 = the value adopted pursuant to article 12 a = 0 , 093 ### the indicative specific emissions of co2 for each light commercial vehicle , measured in grams per kilometre , shall be determined in accordance with the following formulae : from 2014 to 2017 : indicative specific emissions of co2 = 165 + a × where : m = mass of the vehicle in kilograms m0 = 1706 , 0 a = 0 , 093 from 2018 : indicative specific emission of co2 = 165 + a × where : m = mass of the vehicle in kilograms m0 = the value adopted pursuant to article 12 a = 0 , 093 from 2020 : indicative specific emission of co2 = 125 + a × where : m = mass of the vehicle in kilograms m0 = the value adopted pursuant to article 12 a = the value adopted pursuant to article 12


### one of the priority actions of the “european economic recovery plan” is the reduction of administrative burdens and the promotion of entrepreneurship by , inter alia , ensuring that public authorities pay invoices , including to smes , for supplies and services within one month to ease liquidity constraints . ### one of the priority actions of the “european economic recovery plan” is the reduction of administrative burdens and the promotion of entrepreneurship by , inter alia , ensuring that , as a matter of principle , invoices , including to smes , for supplies and services are paid within one month to ease liquidity constraints .


### if the date or period for payment is not fixed in the contract , interest for late payment shall become payable automatically within any of the following time limits 30 days following the date of receipt by the debtor of the invoice or an equivalent request for payment ; if the debtor receives the invoice or the equivalent request for payment earlier than the goods or the services , 30 days after the receipt of the goods or services ; if a procedure of acceptance or verification , by which the conformity of the goods or services with the contract is to be ascertained , is provided for by statute or in the contract and if the debtor receives the invoice or the equivalent request for payment earlier or on the date on which such acceptance or verification takes place , 30 days after that date . ### if the date or period for payment is not fixed in the contract , interest for late payment shall become payable automatically within any of the following time limits up to 60 calendar days following the date of receipt by the debtor and the due date of the checkable invoice or an equivalent request for payment ; if the debtor receives the checkable invoice or the equivalent request for payment earlier than the goods or the services , up to 60 calendar days after the receipt of the goods or services ; if a procedure of acceptance or verification , by which the conformity of the goods or services with the contract is to be ascertained , is provided for by statute or in the contract and if the debtor receives the checkable invoice or the equivalent request for payment earlier or on the date on which such acceptance or verification takes place , up to 60 calendar days after this latter date ;


### if the date or period for payment is not fixed in the contract , interest for late payment shall become payable automatically within any of the following time limits : 30 days following the date of receipt by the debtor of the invoice or an equivalent request for payment ; if the debtor receives the invoice or the equivalent request for payment earlier than the goods or the services , 30 days after the receipt of the goods or services ; if a procedure of acceptance or verification , by which the conformity of the goods or services with the contract is to be ascertained , is provided for by statute or in the contract and if the debtor receives the invoice or the equivalent request for payment earlier or on the date on which such acceptance or verification takes place , 30 days after that date . ### if the date for payment is not fixed in the contract , interest for late payment shall become payable automatically within any of the following time limits : up to 60 calendar days following the due date and the date of receipt by the debtor of the checkable invoice or an equivalent request for payment ; if the debtor receives the checkable invoice or the equivalent request for payment earlier than the goods or the services , up to 60 calendar days after the receipt of the goods or services ; if a procedure of acceptance or verification , by which the conformity of the goods or services with the contract is to be ascertained , is provided for by statute or in the contract and if the debtor receives the checkable invoice or the equivalent request for payment earlier or on the date on which such acceptance or verification takes place , up to 60 calendar days after that date .


### investments in infrastructure providing basic services to citizens in the areas of energy , environment , transport , and information and communication technologies ; ### investments in infrastructure providing basic services to citizens in the areas of energy , environment , sustainable tourism and transport , and information and communication technologies ;


### at least 50% of the total erdf resources at national level shall be allocated to the thematic objectives set in out in point 1 , 3 and 4 of article 9 of regulation no [ &#8230 ; ] / 2012 [ cpr ] . ### at least 60% of the total erdf resources at national level shall be allocated to the thematic objectives set in out in point 1 , 3 , 4 and 6 of article 9 of regulation no [ &#8230 ; ] / 2012 [ cpr ] .


### promoting low - carbon strategies for urban areas ; ### promoting climate strategies for urban areas ;


### protecting , promoting and developing cultural heritage ; ### protecting , promoting and developing cultural heritage related to the environment ;


### developing environment - friendly and low - carbon transport systems and promoting sustainable urban mobility ; ### developing environment - friendly and low - carbon public transport systems and promoting sustainable non - motorised urban mobility ;


### it is appropriate to provide for statements of support to be collected in paper form as well as online . online collection systems should have adequate security features in place in order to ensure , inter alia , that the person can be identified and that the data are securely stored . for this purpose , the commission should be required to set out detailed technical specifications for online collection systems . ### it is appropriate to provide for statements of support to be collected in paper form as well as online . online collection systems should have adequate security features in place in order to ensure , inter alia , that the person can be identified and that the data are securely stored . for this purpose , the commission should be required to set out detailed technical specifications for online collection systems in order to facilitate the process .


### it is appropriate that the commission should take a decision on the admissibility of proposed initiatives at a sufficiently early stage . the organiser should therefore request such a decision after it has collected 300 . 000 statements of support for the proposed initiative from signatories coming from at least three member states . ### it is appropriate that the commission should take a decision on the admissibility of proposed initiatives at a sufficiently early stage . the organiser should therefore request such a decision as soon as its initiative is registered .


### the commission shall reject the registration of proposed citizens ' initiatives which are manifestly against the values of the union . ### the commission shall reject the registration of proposed citizens’ initiatives which are manifestly against the values of the union , taking this decision on the basis of a clear legal examination . a citizens ' initiative should be rejected when it is in contradiction with article 6 of the treaty on european union , the charter of fundamental rights of the european union , or the european convention for the protection of human rights and fundamental freedoms .


### all statements of support shall be collected after the date of registration of the proposed initiative and within a period that shall not exceed 12 months . ### all statements of support shall be collected after the date on which the proposed initiative is declared admissible and within a period that shall not exceed 24 months .


### the decision referred to in paragraph 2 shall be notified to the organiser of the proposed citizens ' initiative and shall be made public . ### the decision referred to in paragraph 2 shall be notified to the organiser of the proposed citizens ' initiative , the european parliament and the council and shall be made public .


### availability of alternative sources of supply for the products concerned , in order to avoid or minimise any negative impact on downstream industries or final consumers within the union ; ### availability of alternative sources of supply for the products concerned , in order to minimise any negative impact on downstream industries or final consumers within the union ;


### working conditions , including pay and dismissal as well as health and safety at the workplace ; ### working conditions , including pay and dismissal as well as health , safety at the workplace , working time , leave and disciplinary procedures , taking into account general collective agreements in force , and the right to seek new employment ;


### branches of social security , as defined in council regulation no 1408 / 71 of 14 june 1971 on the application of social security schemes to employed persons , to self - employed persons and to members of their families moving within the community . regulation no 859 / 2003 , extending the provisions of regulation non 1408 / 71 and its implementing regulation no 574 / 72 to nationals of third countries who are not already covered by these provisions solely on the ground of their nationality shall apply accordingly ; ### provisions in national law concerning branches of social security as defined in regulation no 883 / 2004 of the european parliament and of the council of 29 april 2004 on the coordination of social security systems . also the accompanying regulation extending the co - ordination of social security systems to nationals of third countries who are not already covered by these provisions solely on the ground of their nationality and who are legally residing in a cross - border situation within the eu shall apply accordingly ;


### in article 36 , the following paragraph 2a is inserted : ' 2a . member states meeting one of the conditions set out in article 77 , may contribute a part of the financial allocations indicated in article 19 and article 20 to a risk sharing instrument , to be established by the commission in agreement with the european investment bank , or in agreement with national or international public sector bodies or bodies governed by private law with a public service mission providing adequate guarantees as referred to in article 54 of regulation no 1605 / 2002 , under similar terms and conditions to those applied to and by the european investment bank , to cover the provisioning and capital allocation of guarantees and loans , as well as other financial facilities , granted under the risk sharing instrument . such risk sharing instrument shall be used exclusively for loans and guarantees , as well as other financial facilities , to finance operations co - financed by the european regional development fund or the cohesion fund , regarding expenditure which is not covered by article 56 . the risk sharing instrument shall be implemented by the commission within the framework of indirect centralised management in accordance with article 54 of regulation no 1605 / 2002 . payments to the risk sharing instrument shall be made in tranches , in accordance with the scheduled use of the risk sharing instrument in providing loans and guarantees financing specific operations . the member state concerned shall address a request to the commission who shall adopt a decision by means of an implementing act , describing the system established to guarantee that the amount available is used for the exclusive benefit of the member state which provided it within its cohesion policy financial allocation pursuant to article 18 , as well as the terms and conditions applicable to such risk sharing instrument . these terms and conditions shall at least address the following : traceability and accounting , information on the use of the funds and monitoring and control systems ; and structure of the fees and other administrative and management costs . the financial allocations to the risk - sharing instrument shall be strictly capped and shall not create contingent liabilities for the union budget or the member state concerned . any amount left - over after the completion of an operation covered by the risk sharing instrument may be reused , at the request of the member sate concerned , within the risk - sharing instrument , if the member state still meets one of the conditions set out as specified in article 77 . if the member state no longer meets those conditions , the amount left - over shall be considered as assigned revenue within the meaning of article 18 of the financial regulation . at the request of the member state concerned , additional commitment appropriations generated by this assigned revenue shall be added the following year to the cohesion policy financial allocation of the member state concerned . ' ### the following article is inserted : ' article 36a risk sharing instrument for the purpose of this article a risk - sharing instrument means a financial instrument which guarantees the total or partial coverage of a defined risk , where appropriate in exchange for an agreed remuneration . 2 . member states meeting one of the conditions set out in article 77a , b and c , may contribute a part of the financial allocations indicated in article 19 and article 20 to a risk - sharing instrument , which shall be established by means of a cooperation agreement , to be concluded by the commission either with the european investment bank , or with national or international public sector bodies or bodies governed by private law with a public service mission providing adequate guarantees as referred to in article 54 of regulation no 1605 / 2002 , under similar terms and conditions to those applied to and by the european investment bank , to cover the provisioning and capital allocation of guarantees and loans , as well as other financial facilities , granted under the risk - sharing instrument . 3 . the cooperation agreement , referred to in paragraph 2 , shall contain rules in particular on the following : the total amount of the union contribution and the schedule about how it will be made available ; the trust account conditions to be set up by the contracted implementing body ; the eligibility criteria for the use of the union contribution , the details of the exact risk - sharing , to be ensured and the guarantees to be provided by the contracted implementing body ; the pricing of the instrument , based on the risk margin and the coverage of all the administrative costs of the instrument ; the application and approval procedure of the project proposals , covered by the instrument , including a cost - benefit analysis that comprises a risk assessment and the foreseeable impact on the sector concerned and on the socio - economic situation of the member state and / or the region ; the period of availability of the instrument and the reporting requirements . the exact risk - sharing , which shall be undertaken in the cooperation agreement by the contracted implementing body , shall as an average aim at being at least 1 , 5 times the amount of the union contribution to the risk - sharing instrument . payments to the risk sharing instrument shall be made in tranches , in accordance with the scheduled use of the risk sharing instrument in providing loans and guarantees financing specific operations . 4 . the risk - sharing instrument shall be used to finance operations co - financed by the european regional development fund or the cohesion fund , regarding , by way of derogation from article 54 , investment costs which cannot be taken into account as eligible expenditure pursuant to article 55 or as public expenditure as defined in article 2 , pursuant to the eu rules on state aids . it may also be used to finance operations , which contribute to the achievement of the objectives of the national strategic reference framework of the requesting member state and the community strategic guidelines on cohesion1 , and bring the greatest added value to the union strategy for smart , sustainable and inclusive growth . it may also be used to finance operations resulting from the re - programming of a whole operational programme or parts of an operational programme co - financed by the european regional development fund or the cohesion fund , taking into account the investment opportunities laid down in regulation no 397 / 2009 amending regulation no 1080 / 2006 on the european regional development fund as regards the eligibility of energy efficiency and renewable energy investments in housing and in line with regulation no 437 / 2010 amending regulation no 1080 / 2006 on the european regional development fund as regards the eligibility of housing interventions in favour of marginalised communities . 5 . the risk sharing instrument shall be implemented by the commission within the framework of indirect centralised management in accordance with article 54 and article 56 of regulation no 1605 / 2002 . 6 . an eligible member state seeking to benefit from a risk - sharing instrument shall submit a written request to the commission not later than 31 august 2013 . in its request , the member state shall provide all the information necessary to establish : that it meets one of the conditions referred to in points , or of article 77 , by providing a reference to a council decision or other legal act proving this fact ; the list of programmes co - financed either by the erdf or by the cf and the part of the 2012 and 2013 allocations to such programmes that it wants to reallocate to the risk - sharing instrument ; the list of proposed projects pursuant to paragraph 4 and the part of the 2012 and 2013 allocations that it wants to reallocate to the risk - sharing instrument ; the amount available for its exclusive benefit within its cohesion policy financial allocation pursuant to article 18 and an indication of the amount , which could be earmarked for the objectives of the risk - sharing instrument exclusively from the eu budget commitments which remain to be effected in years 2012 and 2013 pursuant to article 75 ; e ) for all operations that have not been subject to a commission decision under article 41 , the information as required in article 40 ; f ) for requests or parts of requests concerning operations that do not fall under one or more operational programmes co - financed by the european regional development fund or the cohesion fund , a demonstration that the request has been drawn up in cooperation with the partners referred to in article 11 . 7 . the commission - after verifying in the light of the information submitted by the member state that the request is justified - shall adopt within four months a decision by means of an implementing act describing the system established to guarantee that the amount available is used for the exclusive benefit of the member state which provided it within its cohesion policy financial allocation pursuant to article 18 , as well as on the concrete terms and conditions of the participation of the requesting member state in the risk sharing instrument . the concrete terms and conditions shall in particular include the following : traceability , democratic scrutiny and accounting , information on the use of the funds , payments conditions and monitoring and control systems ; the structure of the fees and other administrative and management costs ; an indicative list of eligible projects for financing and the maximum amount of the union contribution that can be allocated to the risk - sharing instrument from the member state allocations available , and the instalments for practical implementation . the commission decision shall be published in the official journal of the european union . when deciding on the member state request , the commission shall ensure that only projects with demonstrable positive impacts on local economies and labour markets , and for which a favourable financing decision has been taken either by the eib or by a national or international public sector body or body governed by private law with a public service mission , shall be accepted as eligible for being financed from an established risk - sharing instrument . 8 . the commission decision , referred to in paragraph shall be preceded by the revision of the operational programmes concerned under the erdf and the cf in accordance with article 33 . 9 . the financial allocations to the risk - sharing instrument shall be strictly capped and shall not exceed 10% of the indicative total allocation for the requesting member state for the years 2007 - 2013 regarding the erdf and the cf , which was approved in accordance with article 28b . the financial allocations available to the projects in paragraph 4 , subparagraph 2 of this article are limited to the amounts left after financing the operations mentioned in paragraph 4 , subparagraph 1 . beyond the total union contribution to the risk - sharing instrument , endorsed in the decision , referred to in paragraph , the union participation in a risk - sharing instrument shall not create any further contingent liabilities either for the union budget or for the member state concerned . 10 . any amount left - over after the completion of an operation covered by the risk sharing instrument may be reused , at the request of the member state concerned , within the risk - sharing instrument , if the member state still meets one of the conditions set out in article 77a , b and c . if the member state no longer meets any of those conditions , the amount left - over shall be considered as assigned revenue within the meaning of article 18 of the financial regulation . at the request of the member state concerned , additional commitment appropriations generated by this assigned revenue shall be added the following year to the cohesion policy financial allocation of the member state concerned . _______________ 1 see : council decision no . 2006 / 702 / ec of 6 october 2006 on community strategic guidelines on cohesion , oj l 291 , 21 . 10 . 2006 , p . 11 . '


### the amr , which is based on a scoreboard with a set of indicators the values of which are compared to their indicative thresholds , is an initial screening device whereby the commission identifies member states where it considers that developments warrant further in - depth analysis to determine whether imbalances exist or risk emerging . the amr should include mip relevant data . it is however in the following in - depth reviews that the driving forces behind the observed developments are analysed in detail with a view to determining the nature of the imbalances . the scoreboard and the thresholds are not interpreted mechanically , but are subject to economic reading . when carrying out in - depth reviews , the commission will examine a broad range of economic variables and additional information taking due account of country specific circumstances . for these reasons , all the data that may be used for the purpose of the macroeconomic imbalances procedure cannot be listed in advance in an exhaustive manner , but should be defined by reference to the procedures set out in regulation no 1176 / 2011 for the detection of macroeconomic imbalances as well as the prevention and correction of excessive macroeconomic imbalances within the union . in implementing the macroeconomic imbalances procedure , the commission and the council should give preference to statistics which are compiled and transmitted , by member states , to the commission . other statistics , which are not compiled and transmitted this way , should only be used when the former statistics do not provide the required information , and taking due account of the quality of these other statistics . ### the amr , which is based on a scoreboard with a set of indicators the values of which are compared to their indicative thresholds , is an initial screening device whereby the commission identifies member states where it considers that developments warrant further in - depth analysis to determine whether imbalances exist or risk emerging . the amr should include mip relevant data . it is however in the following in - depth reviews that the driving forces behind the observed developments are analysed in detail with a view to determining the nature of the imbalances . the scoreboard and the thresholds should not interpreted mechanically , but should be subject to economic reading . when carrying out in - depth reviews , the commission will examine a broad range of economic variables and additional information taking due account of country specific circumstances . for these reasons , all the data that may be used for the purpose of the macroeconomic imbalances procedure cannot be listed in advance in an exhaustive manner , but should be defined by reference to the procedures set out in regulation no 1176 / 2011 for the detection of macroeconomic imbalances as well as the prevention and correction of excessive macroeconomic imbalances within the union . in implementing , monitoring and assessing the macroeconomic imbalances procedure , the commission , the council and the european parliament should give preference to statistics which are compiled and transmitted , by member states , to the commission . other statistics , which are not compiled and transmitted this way , should only be used when the former statistics do not provide the required information , and taking due account of the quality of these other statistics .


### the commission shall report to the economic policy committee set up by council decision 74 / 122 / eec7 on the findings of these missions , including any comments on these findings made by the member state concerned . after having been transmitted to the economic policy committee , these reports , along with any comments made by the member state concerned , shall be made public , without prejudice to the provisions concerning statistical confidentiality in regulation no 223 / 2009 . __________________ 7 oj l 63 , 5 . 3 . 1974 , p . 21 ### the commission shall report to the relevant committee of the european parliament and to the economic policy committee set up by council decision 74 / 122 / eec7 on the findings of these dialogue visits , including any comments on these findings made by the member state concerned . after having been transmitted to the economic policy committee , these reports , along with any comments made by the member state concerned , shall be made public , without prejudice to the provisions concerning statistical confidentiality in regulation no 223 / 2009 . __________________ 7 oj l 63 , 5 . 3 . 1974 , p . 21


### the council , acting on a proposal by the commission , may decide to impose a fine on a member state that intentionally or by serious negligence misrepresents the mip relevant data . ### the council , acting on a recommendation by the commission , may decide to impose an interest bearing deposit on a member state that intentionally or by serious negligence misrepresents the mip relevant data . the member state shall report to the commission on the corrective actions necessary to adress the misrepresentation referred to in the fist subparagraph . the report shall be made public .


### the court of justice of the european union shall have unlimited jurisdiction to review the decisions of the council imposing fines under paragraph 1 . it may annul , reduce or increase the fine so imposed . ### the court of justice of the european union shall have unlimited jurisdiction to review the decisions of the council imposing interest bearing deposits under paragraph 1 . it may annul , reduce or increase the interest bearing deposit so imposed .


### the effectiveness of this regulation and the applied monitoring process . ### the effectiveness and the proportionality of this regulation and the applied monitoring process .


### for each accounting period specified in annex i , member states shall draw up and maintain accounts that accurately reflect all emissions and removals resulting from the activities on their territory falling within the following categories of activity : ### for each accounting period specified in annex i , member states shall draw up and maintain accounts that accurately reflect all emissions and removals resulting from the activities on their territory falling within the three following categories of activity :


### member states shall reflect in their accounts pursuant to article 3 emissions from harvested wood products containing carbon on 1 january 2013 even where such harvested wood products were harvested prior to this date . ### member states shall reflect in their accounts pursuant to article 3 emissions from harvested wood products containing carbon on 1 january 2013 even where such harvested wood products were harvested prior to this date and shall distinguish between products originating from deforestation and forest management .


### where member states reflect in their accounts emissions resulting from harvested wood products that were harvested for energy purposes , they shall do so also on the basis of the instantaneous oxidation method . ### member states shall reflect in their accounts emissions resulting from harvested wood products that were imported or harvested for energy purposes on the basis of the instantaneous oxidation method .


### a union platform on access should enable discussions on and contribute to the streamlining of access conditions in member states , the design and performances of access regimes , simplified access for non - commercial research , access practices of collections in the union , access of union stakeholders in third countries and the sharing of best practices . ### a union platform on access should enable discussions on and contribute to the streamlining of access conditions in member states , the design and performances of access regimes , simplified access for non - commercial research , access practices of collections in the union , access of union stakeholders in third countries and the sharing of best practices . the union platform should fully respect member state competences and aim to ensure , as appropriate , the involvement of indigenous and local communities in accordance with the nagoya protocol .


### the union platform may provide non - binding advice , guidance or opinions on issues under its mandate . ### the union platform may provide non - binding advice , guidance or opinions on issues under its mandate . any such advice , guidance or opinions provided shall have due regard for the requirement to involve the relevant indigenous and local communities concerned .


### the delegation of powers referred to in articles 6 , 9 , 12 , 12 , 16 , 16 and 17 shall be conferred for an indeterminate period of time . ### the power to adopt delegated acts referred to in articles 6 , 9 , 12 , 12 , 16 , 16 and 17 shall be conferred on the commission for a period of three years from …* . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the three - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period . ______________ * oj : please insert the date of the entry into force of this regulation .


### the introduction of an origin mark can contribute to make demanding community standards work in favour of the community industry , especially small and medium enterprises . it will also help to prevent the reputation of the community industry being tainted by inaccurate claims of origin . improved transparency and consumer information about the origin of goods will thus contribute to the objectives of the lisbon agenda . ### the introduction of an origin mark can contribute to make demanding community standards work in favour of the community industry , especially small and medium enterprises which often put a genuine effort into the quality of their products and which also preserve traditional and artisanal jobs and methods of production , but which are also greatly exposed to global competition which lacks rules to distinguish between production methods . it will also help to prevent the reputation of the community industry being tainted by inaccurate claims of origin . improved transparency and consumer information about the origin of goods will thus contribute to the objectives of the lisbon agenda and those of the eu 2020 strategy .


### the fund shall promote social cohesion in the union by contributing to achieving the poverty reduction target of at least 20 million of the number of persons at risk of poverty and social exclusion in accordance with the europe 2020 strategy . the fund shall contribute to achieving the specific objective of alleviating the worst forms of poverty in the union by providing non - financial assistance to the most deprived persons . this objective shall be measured by the number of persons receiving assistance from the fund . ### the fund shall promote social and territorial cohesion in the union by contributing to achieving the poverty reduction target of at least 20 million of the number of persons at risk of poverty and social exclusion in accordance with the europe 2020 strategy . the fund shall contribute to achieving the specific objective of alleviating the worst forms of poverty in the union by providing non - financial assistance to the most deprived persons and by local and regional food supply chains that benefit the most deprived persons , by supplying them with nutritious , healthy , quality food with due emphasis on fresh and seasonal products . this objective shall be measured by the number of persons receiving assistance from the fund and the use of local and regional food supply networks .


### member states and beneficiaries shall choose the food products and the goods on the basis of objective criteria . the selection criteria for the food products , and where appropriate for goods , shall also take into consideration climatic and environmental aspects , in particular with a view to reduction of food waste . ### member states and beneficiaries shall choose the food products and the goods on the basis of objective criteria to ensure access to healthy , nutritious and quality food . the selection criteria for the food products , and where appropriate for goods , shall also take into consideration climatic and environmental aspects , in particular with a view to reducing food waste , and due emphasis on short food chains and local producers , as well as access to seasonal and fresh food .


### an identification of and a justification for selecting the type of material deprivation to be addressed under the operational programme and a description for each type of material deprivation addressed of the main characteristics and the objectives of the distribution of food or goods and the accompanying measures to be provided , having regard to the results of the ex ante evaluation carried out in accordance with article 14 ; ### an identification of and a justification for selecting the type of material deprivation to be addressed under the operational programme and a description for each type of material deprivation addressed of the main characteristics and the objectives of the distribution of healthy , nutritious , quality food or goods and / or the accompanying measures and / or the measures to develop or strengthen local and regional food supply chains to be provided , having regard to the results of the ex ante evaluation carried out in accordance with article 14 ;


### the aim of the egf shall be to contribute to economic growth and employment in the union by enabling the union to show solidarity towards workers made redundant as a result of major structural changes in world trade patterns due to globalisation , trade agreements affecting agriculture , or an unexpected crisis , and to provide financial support for their rapid reintegration into employment , or for changing or adjusting their agricultural activities . ### the aim of the egf shall be to contribute to economic development , social inclusion and employment in the union by enabling the union to show solidarity towards workers made redundant as a result of major structural changes in world trade patterns due to globalisation or an unexpected crisis , and to provide financial support for their rapid reintegration into quality and sustainable employment .


### at the initiative of the commission , subject to a ceiling of 0 , 5 % of the annual maximum amount of the egf , the egf may be used to finance the preparation , monitoring , data gathering and creation of a knowledge base relevant to the implementation of the egf . it may also be used to finance administrative and technical support , information and communication activities , as well as audit , control and evaluation activities necessary to implement this regulation . ### at the initiative of the commission , subject to a ceiling of 0 , 5 % of the annual maximum amount of the egf , the egf may be used to finance the preparation , monitoring , data gathering and creation of a knowledge base relevant to the implementation of the egf , as well as the dissemination of best practices between member states . it may also be used to finance administrative and technical support , information and communication activities , as well as audit , control and evaluation activities necessary to implement this regulation .


### __________________ 1under unscr no 1244 / 1999 . ### __________________ 1without prejudice to positions on status and in line with unscr no 1244 / 1999 and the icj opinion on the kosovo declaration of independence .


### the objectives of the assistance should be defined in indicative country and multi–country strategy papers established by the commission for the duration of the union’s multi - annual financial framework in partnership with the beneficiary countries , based on their specific needs and enlargement agenda . the strategy papers should identify the policy areas for assistance and , without prejudice to the prerogatives of the budgetary authority , lay down the indicative allocations of funds per policy area , broken down per year , including an estimate of climate related expenditure . sufficient flexibility should be built in to cater for emerging needs and to give incentives to improve performance . the strategy papers should ensure coherence and consistency with the efforts of beneficiary countries as reflected in their national budgets and should take into account the support provided by other donors . in order to take into account internal and external developments , the multiannual indicative strategy papers should be revised as appropriate . ### the objectives of the assistance should be defined in indicative country and multi–country strategy papers established by the commission for the duration of the union’s multi - annual financial framework in partnership with the beneficiary countries , based on their specific needs and enlargement agenda . the strategy papers should identify the policy areas for assistance and , without prejudice to the prerogatives of the budgetary authority , lay down the indicative allocations of funds per policy area , broken down per year , including an estimate of climate related expenditure . sufficient flexibility should be built in to cater for emerging needs , to give incentives to improve performance and to enhance domestic and international investment . the strategy papers should ensure coherence and consistency with the efforts of beneficiary countries as reflected in their national budgets and should take into account the support provided by other donors . in order to take into account internal and external developments , the multiannual indicative strategy papers should be revised as appropriate .


### assistance should continue to make use of the structures and instruments that have proved their worth in the pre - accession process . the transition from direct management of pre - accession funds by the commission to decentralised management delegated to the beneficiary countries should be progressive and in line with each beneficiary country’s capacities . ### assistance should continue to make use of the structures and instruments that have proved their worth in the pre - accession process . the transition from direct management of pre - accession funds by the commission to management delegated to the beneficiary countries should be progressive and in line with each beneficiary country’s capacities , and should be degressive if those capacities evolve negatively .


### where a beneficiary country violates the principles on which the union is founded , or fails to respect the commitments contained in the relevant agreements concluded with the union , or makes insufficient progress with respect to the accession criteria , the council , on a proposal from the commission , should be able to take appropriate measures to redress the situation . ### where a beneficiary country violates the principles on which the union is founded , or fails to respect the commitments contained in the relevant agreements concluded with the union , or makes insufficient progress with respect to the accession criteria , or no longer complies with requirements for political decision - making on , or administrational management of , the assistance , the council , on a proposal from the commission , should be able to take appropriate measures to redress the situation .


### the development of civil society and social dialogue ; ### the development of civil society and socio - economic partnerships and the setting - up of appropriate consultative mechanisms to structure the dialogue with authorities ;


### reconciliation , peace building and confidence building measures . ### local , national and regional reconciliation , peace building and confidence building measures and good neighbourly relations .


### support for economic , social and territorial development , with a view to a smart , sustainable and inclusive growth , inter alia through : ### support for economic , social and territorial development , with a view to a smart , sustainable and inclusive growth in line with the europe 2020 strategy , inter alia through :


### fostering employment and developing human capital ; ### fostering quality employment and developing human capital ;


### strengthening of the ability of beneficiary countries to fulfil the obligations stemming from membership by supporting progressive alignment with and adoption , implementation and enforcement of the acquis communautaire , structural , cohesion , agricultural and rural development funds and policies of the union . ### strengthening of the ability of beneficiary countries to fulfil the obligations stemming from membership by supporting progressive alignment with and adoption , implementation and enforcement of the acquis communautaire , structural , cohesion , agricultural and rural development funds and policies of the union ; actively supporting enforcement and monitoring mechanisms which ensure the implementation of the obligations under the acquis communautaire and relevant international standards and commitments .


### – progress in the areas of democracy , the rule of law , the respect of human rights and fundamental freedoms , the justice system and the level of administrative capacity ; ### – progress in the areas of democracy , the rule of law , the respect of human rights and fundamental freedoms , the justice system , the level of administrative capacity and the quality of social and civil dialogue ;


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


### – the body of legislation aligned with the acquis ; progress in union - related institutional reform , including transition to decentralised management of the assistance provided under this regulation ; ### – the body of legislation aligned with the acquis , including a track record of its implementation ; progress in union - related institutional reform , including transition to decentralised management of the assistance provided under this regulation ;


### in order to increase effectiveness and efficiency in the delivery of assistance and to prevent double funding , the commission shall , in liaison with the member states , take the necessary steps to ensure better coordination and complementarity with multilateral and regional organisations and entities , such as international financial institutions , united nations agencies , funds and programmes , and non - union donors . ### in order to increase effectiveness and efficiency in the delivery of assistance and to prevent double funding , the commission shall , in liaison with the member states , take the necessary steps to ensure better coordination and complementarity with multilateral and regional organisations and entities , such as international financial institutions , the council of europe , united nations agencies , funds and programmes , and non - union donors , and with private - sector initiatives .


### the commission shall establish a common strategic framework for the instrument for pre - accession assistance . the ipa common strategic framework shall translate the political priorities of the enlargement policy into key actions which can receive assistance under this regulation . ### the commission shall establish a common strategic framework for the instrument for pre - accession assistance . the ipa common strategic framework shall translate the political priorities of the enlargement policy and the europe 2020 strategy into key actions which can receive assistance under this regulation .


### assistance under this regulation shall be provided on the basis of country or multi - country indicative strategy papers , established for the duration of the union ' s multi - annual financial framework , by the commission in partnership with the beneficiary country or countries concerned . ### assistance under this regulation shall be provided on the basis of country or multi - country indicative strategy papers , established for the duration of the union ' s multi - annual financial framework , by the commission in partnership with the beneficiary country or countries concerned and after consultation of civil society and social partners in the country or countries concerned .


### the strategy papers shall specify the appropriate mix of policy areas as referred to in article 3 which will receive financial assistance under this regulation to reflect needs and priorities in accordance with the objectives referred to in article 2 , with the ipa common strategic framework referred to in article 5 , and with the national strategies , as appropriate . ### the strategy papers shall specify the appropriate mix of policy areas as referred to in article 3 which will receive financial assistance under this regulation to reflect needs and priorities in accordance with the objectives referred to in article 2 , with the ipa common strategic framework referred to in article 5 , and with the national strategies , as appropriate . the strategy papers should include feasible country - specific targets for each of the eu2020 goals for smart , sustainable and inclusive growth .


### the strategy papers shall include the indicative allocation of union funds per policy area , as applicable , broken down per year , in line with the criteria set in the ipa common strategic framework referred to in article 5 . the indicative allocation of funds shall duly take account of the needs , absorption capacity and administrative capacity of the beneficiary countries . it shall also allow for addressing emerging needs and include incentives to enhance the performance of the beneficiary countries with regard to the objectives set in the multi - annual indicative strategies . ### the strategy papers shall include the indicative allocation of union funds per policy area , as applicable , broken down per year , in line with the criteria set in the ipa common strategic framework referred to in article 5 , without prejudice to the possibility of combining assistance in different policy areas . the indicative allocation of funds shall duly take account of the needs , absorption capacity and administrative capacity of the beneficiary countries . it shall also allow for addressing emerging needs and include incentives to enhance the performance of the beneficiary countries with regard to the objectives set in the multi - annual indicative strategies .


### without prejudice to the provisions on suspension of aid in partnership and cooperation agreements with partner countries and regions , where a beneficiary country fails to respect the principles of democracy , the rule of law , human rights , minority rights and fundamental freedoms , or the commitments contained in the relevant agreements concluded with the union , or where progress towards fulfilment of the accession criteria is insufficient , the union shall invite the beneficiary country to hold consultations with a view to finding a solution acceptable to both parties , except in cases of special urgency . where consultations with the beneficiary country do not lead to a solution acceptable to both parties , or if consultations are refused or in cases of special urgency , the council may take appropriate measures in accordance with article 215 of the treaty on the functioning of the european union , which may include full or partial suspension of union assistance . the european parliament shall be fully and immediately informed of any decisions taken in this respect . ### without prejudice to the provisions on suspension of aid in partnership and cooperation agreements with partner countries and regions , where a beneficiary country fails to respect the principles of democracy , the rule of law , human rights , minority rights and fundamental freedoms , or the commitments contained in the relevant agreements concluded with the union , or where progress towards fulfilment of the accession criteria is insufficient , or where the political or administrational circumstances negatively affect the management of the assistance or decision - making concerning it , the union shall invite the beneficiary country to hold consultations with a view to finding a solution acceptable to both parties , except in cases of special urgency . where consultations with the beneficiary country do not lead to a solution acceptable to both parties , or if consultations are refused or in cases of special urgency , the council may take appropriate measures in accordance with article 215 of the treaty on the functioning of the european union , which may include full or partial suspension of union assistance . the european parliament shall be fully and immediately informed of any decisions taken in this respect .


### the financial reference amount for the implementation of this regulation for the period from 2014 to 2020 shall be eur&#160 ; 14&#160 ; 110&#160 ; 100&#160 ; 000 . up to 3% of the financial reference amount shall be allocated to cross - border cooperation programmes between beneficiary countries and eu member states . ### the financial reference amount for the implementation of this regulation for the period from 2014 to 2020 shall be eur&#160 ; 14&#160 ; 110&#160 ; 100&#160 ; 000 . 3% of the financial reference amount shall be allocated to cross - border cooperation programmes between beneficiary countries and member states , and at least 1 , 5% of the financial reference amount shall be reserved for civil society organisations including the civil society facility .


### the marketing of goods infringing intellectual property rights does considerable damage to right - holders , law - abiding manufacturers and traders . it is also deceiving consumers , and could in some cases endanger their health and safety . such goods should , in so far as is possible , be kept off the market and measures should be adopted to deal with this unlawful activity without impeding legitimate trade . ### the marketing of goods infringing trademark rights and copyrights does considerable damage to right - holders , law - abiding manufacturers and traders . it is also deceiving consumers , and could in some cases endanger their health and safety . such goods should , in so far as is possible , be kept off the market and measures should be adopted to deal with this unlawful activity without impeding legitimate trade .


### the review of regulation no 1383 / 2003 showed that certain improvements to the legal framework were necessary to strengthen the enforcement of intellectual property rights , as well as to ensure appropriate legal clarity , thereby taking into account developments in the economic , commercial and legal areas . ### the review of regulation no 1383 / 2003 showed that certain improvements to the legal framework were necessary to strengthen the enforcement of selected intellectual property rights , particularly trademark and copyright , as well as to ensure appropriate legal clarity , thereby taking into account developments in the economic , commercial and legal areas . that review also showed that border measures should not be applicable to other intellectual property rights , particularly patents and supplementary protection certificates for medicinal products where proper determination of infringement is dependent on highly technical judicial proceedings . likewise , it was determined that border measures should not be applied to goods - in - transit .


### the customs authorities should be able to control goods , which are or should have been subject to customs supervision in the customs territory of the union , with a view to enforcing intellectual property rights . enforcing intellectual property rights at the border , wherever the goods are , or should have been , under ‘ customs supervision’ as defined by council regulation no 2913 / 92 establishing the community customs code , makes good use of resources . where goods are detained by customs at the border , one legal proceeding is required , whereas several separate proceedings would be required for the same level of enforcement for goods found on the market , which have been disaggregated and delivered to retailers . an exception should be made for goods released for free circulation under the end - use regime , as such goods remain under customs supervision , even though they have been released for free circulation . it is also appropriate not to apply the regulation to goods carried by passengers in their personal luggage as long as these goods are for their own personal use and there are no indications that commercial traffic is involved . ### the customs authorities should be able to control goods , which are or should have been subject to customs supervision in the customs territory of the union , with a view to enforcing trademark rights and copyrights . enforcing such intellectual property rights at the border , wherever the goods are , or should have been , under ' customs supervision ' as defined by council regulation no 2913 / 92 establishing the community customs code , makes good use of resources . where goods are detained by customs at the border , one legal proceeding is required , whereas several separate proceedings would be required for the same level of enforcement for goods found on the market , which have been disaggregated and delivered to retailers . an exception should be made for goods released for free circulation under the end - use regime , as such goods remain under customs supervision , even though they have been released for free circulation . it is also essential not to apply the regulation to goods carried by passengers in their personal luggage as long as there are no indications on the basis of the applicable legal procedures that a commercial purpose is involved .


### regulation no 1383 / 2003 does not cover certain intellectual property rights and excludes certain infringements . in order to strengthen the enforcement of intellectual property rights , customs control should therefore be extended to other types of infringements , such as infringements resulting from parallel trade , as well as other infringements of rights already enforced by customs authorities but not covered by regulation no 1383 / 2003 . for the same purpose it is appropriate to include in the scope of this regulation , in addition to the rights already covered by regulation no 1383 / 2003 , trade names in so far as they are protected as exclusive property rights under national law , topographies of semiconductor products , utility models and devices to circumvent technological measures , as well as any exclusive intellectual property right established by union legislation . ### regulation no 1383 / 2003 does not cover certain intellectual property rights and excludes certain infringements . in order to ensure efficient enforcement of intellectual property rights , customs control should target selected infringements . for that purpose it is appropriate to include in the scope of this regulation , in addition to the rights already covered by regulation no 1383 / 2003 , particular devices designed to circumvent technological protection measures .


### in order to ensure the swift enforcement of intellectual property rights , it should be provided that , where the customs authorities suspect , on the basis of adequate evidence , that goods under their supervision infringe intellectual property rights , those customs authorities may suspend the release or detain the goods whether at their own initiative or upon application , in order to enable the persons entitled to submit an application for action of the customs authorities to initiate proceedings for determining whether an intellectual property right has been infringed . ### in order to ensure effective and lawful enforcement of intellectual property rights , it should be provided that , where the customs authorities suspect , on the basis of adequate indications resulting from the applicable legal procedures , that goods under their supervision infringe relevant intellectual property rights , those customs authorities may suspend the release or detain the goods whether at their own initiative or upon application , in order to enable the persons entitled to submit an application for action of the customs authorities to initiate proceedings for determining whether such intellectual property right has been infringed .