### the eib activity under this decision should support the agenda for change proposed by the commission and be coherent with the relevant principles of the european consensus on development and the principles of aid effectiveness outlined in the paris declaration of 2005 , the accra agenda for action of 2008 and the busan partnership agreement of 2011 . furthermore , it should be coherent with the eu strategic framework and action plan on human rights and democracy adopted by the council on 25 june 2012 and international environmental agreements including biodiversity commitments . it should be implemented through a number of concrete measures , in particular by reinforcing the eib ' s capacity to appraise environmental , social and development aspects of investment projects , including human rights and conflict - related risks , and by promoting local consultation with public authorities and civil society . in this context , the eib should implement and further develop its results measurement framework which provides a detailed set of performance indicators measuring the economic , environmental , social , and development impact of its financing operations throughout the lifecycle of the underlying investment . the implementation of the rem should be evaluated as part of the mid - term review of this decision . when carrying out due diligence in respect of an investment project , the eib should , where appropriate and in line with the union ' s social and environmental principles , require the investment project promoter to carry out local consultations and disclose their results to the public . eib financing agreements involving public counterparts should explicitly include the possibility to suspend disbursements in case of revocation of eligibility under this decision of the country in which the investment project takes place . ### the eib activity under this decision should support the agenda for change proposed by the commission and be coherent with the relevant principles of the european consensus on development and the principles of aid effectiveness outlined in the paris declaration of 2005 , the accra agenda for action of 2008 and the busan partnership agreement of 2011 . furthermore , it should be coherent with the eu strategic framework and action plan on human rights and democracy adopted by the council on 25 june 2012 and international environmental agreements including biodiversity commitments . it should be implemented through a number of concrete measures , particular by reinforcing the eib ' s capacity to appraise environmental , social and development aspects of investment projects , including human rights and conflict - related risks , and by promoting local consultation with public authorities and civil society . in this context , the eib should implement and further develop its results measurement framework which provides a detailed set of performance indicators measuring the economic , environmental , social , and development impact of its financing operations throughout the lifecycle of the underlying investment . the implementation of the rem should be evaluated as part of the mid - term review of this decision . when carrying out due diligence in respect of an investment project , the eib should , in line with the union ' s social and environmental principles , as well as in full respect of legislation and environmental and social standards of the beneficiary country , require the investment project promoter to carry out local consultations and disclose their results to the public . eib financing agreements involving public counterparts should explicitly include the possibility to suspend disbursements in case of revocation of eligibility under this decision of the country in which the investment project takes place .


### eastern europe , southern caucasus and russia : eur 4 000 000 000 ; ### eastern europe , southern caucasus and russia : eur 4 320 000 000 ;


### olaf may carry out investigations , including on - the - spot checks and inspections , in accordance with the provisions and procedures laid down in regulation no 1073 / 1999 , regulation no 2185 / 96 and regulation no 2988 / 95 in order to protect the financial interests of the european union , with a view to establishing whether there has been fraud , corruption or any other illegal activity affecting the financial interests of the union in connection with any financing operations . ### olaf may carry out investigations , including on - the - spot checks and inspections , in accordance with the provisions and procedures laid down in regulation no 1073 / 1999 , regulation no 2185 / 96 and regulation no 2988 / 95 in order to protect the financial interests of the european union , with a view to establishing whether there has been fraud , corruption , money laundering or any other illegal activity affecting the financial interests of the union in connection with any financing operations . where corruption is proven , the eib shall assist asset recovery efforts by disclosing to the relevant authorities any assets held by the eib that relate to such corruption or that derive from it .


### in the event of unforeseen and duly justified needs , circumstances or commitments , the commission may adopt special measures not provided for in the indicative programming documents . special measures may also be used to ease the transition from emergency aid to long - term development operations , including measures to better prepare people to deal with recurring crises . ### in special unforeseen and duly justified circumstances , the commission may adopt special measures not provided for in the strategic programming documents . special measures may also be used to ease the transition from emergency to long - term operations .


### member states shall ensure that when an offer binding on the creditor is provided to the consumer , it shall be accompanied by an esis . in such circumstances , member states shall ensure that the credit agreement cannot be concluded until the consumer has had sufficient time to compare the offers , assess their implications and take an informed decision on whether to accept an offer , regardless of the means of conclusion of the contract . ### member states shall ensure that the credit agreement cannot be concluded until the consumer has been provided in a durable medium with an offer binding on the creditor and has a sufficient period to compare it with other offers , obtain third party advice if necessary and assess its implications and take an informed decision on whether to accept the offer , regardless of the means of conclusion of the contract . the period of reflection after the offer shall be no less than 14 working days and includes the time during which a right of withdrawal is granted where member states allow the contract to be concluded before expiry of the reflection period .


### where a member state lays down such conditions , these shall not make the exercise of the right referred to in paragraph 1 excessively difficult or onerous for the consumer . ### member states shall ensure that the following provisions are complied with : consumers shall be entitled to request at any time a full calculation of the indemnities they will have to face when they decide to repay the credit early . where the credit agreement is funded by callable instruments negotiated in regulated markets , the consumer is entitled to repay the credit agreement at a value determined by market conditions for the callable instrument ; where the credit agreement relates to a loan with a fixed interest rate for part or all of the term of the agreement the consumer is entitled to repay the credit agreement : after expiry of the fixed interest rate period ; or before expiry of the fixed interest rate period , in cases where the consumer has a special interest , upon payment of compensation to the creditor for potential costs directly linked to early repayment of the credit ; in credit agreements not referred to in points or , the consumer is entitled to repay the credit agreement within a period which is no longer than three months after giving notice to the creditor of his desire to do so . in the context of point , the existence of a consumer ' s special interest shall be recognised at least in situations involving involuntary loss of employment , need for mobility , serious illness or death . indemnities have to be calculated in a fair manner on the basis of the real costs originated by the early repayment . member states shall limit administrative fees creditors can charge from their customers in case of early repayment and for calculating the indemnities . member states shall develop standards for a simplified calculation of the damages which shall be based on the remaining contract period and the difference between the contractual interest rate and the market interest rate at the moment of the repayment . if the early repayment is remunerative for the creditor , benefits shall be offset against administrative fees .


### member states shall ensure that consumers provide creditors and , where applicable , credit intermediaries with complete and correct information on their financial situation and personal circumstances in the context of the credit application process . that information should be supported , when necessary , by documentary evidence from independently verifiable sources . ### member states shall ensure that creditors and , where applicable , credit intermediaries request relevant , complete and correct information on their financial situation and personal circumstances in the course of the credit application process . that information should be supported , when necessary , by documentary evidence from independently verifiable sources . the request has to be clear and easily understandable for consumers . the creditor and where applicable the credit intermediary shall provide the consumer with a documentation of the request and the consumers reply on paper or another durable medium when handing over the esis referred to in art 9 .


### for the purposes of this directive , ' advice ' constitutes a separate service from the granting of a credit . such a service can only be marketed as advice when the remuneration of the individual providing the service is transparent to the consumer . ### member states shall ensure that advice is provided as a separate service from the granting of a credit and that such a service can only be marketed as advice when : the natural or legal person providing the advice is an appropriately authorised creditor or credit intermediary ; the adviser has the appropriate professional competence ; and the remuneration for the service is transparent to the consumer and explicitly agreed with the consumer before the provision of the service .


### the amount of the instalments ; ### the number , frequency and amount of the instalments , if applicable under the different assumptions as defined in article 12 .


### member states shall ensure that the creditor or credit intermediary , upon request of the consumer , provides the consumer with a copy of the draft credit agreement free of charge . this provision shall not apply in cases where the creditor is unwilling , at the time of the request , to proceed to the conclusion of the credit agreement with the consumer . ### member states shall ensure that the creditor or credit intermediary provides the consumer automatically with a copy on paper or on a durable medium of the draft credit agreement free of charge . this provision shall not apply in cases where the creditor is unwilling , at the time of the request , to proceed to the conclusion of the credit agreement with the consumer . the draft copy shall neither in appearance nor in structure aberrate significantly from the final agreement .


### member states shall ensure that the creditor or credit intermediary , upon request of the consumer , provides the consumer with a copy of the draft credit agreement free of charge . this provision shall not apply in cases where the creditor is unwilling , at the time of the request , to proceed to the conclusion of the credit agreement with the consumer . ### member states shall ensure that the creditor or credit intermediary provides the consumer with a written copy of the draft credit agreement free of charge . this provision shall not apply in cases where the creditor is unwilling , at the time of the request , to proceed to the conclusion of the credit agreement with the consumer .


### member states shall ensure that the consumer has a statutory or contractual right to discharge his obligations under a credit agreement prior to the expiry of that agreement . in such cases , he shall be entitled to a reduction in the total cost of the credit , such a reduction consisting of the interest and the costs for the remaining duration of the contract . ### member states shall ensure that the consumer has a statutory right to discharge his obligations under a credit agreement prior to the expiry of that agreement . in such cases , he shall be entitled to a reduction in the total loan cost , such a reduction consisting of the interest and the costs for the remaining duration of the contract .


### member states shall ensure that the consumer has a statutory or contractual right to discharge his obligations under a credit agreement prior to the expiry of that agreement . in such cases , he shall be entitled to a reduction in the total cost of the credit , such a reduction consisting of the interest and the costs for the remaining duration of the contract . ### member states shall ensure that the consumer has a statutory right to discharge his obligations under a credit agreement prior to the expiry of that agreement . in such cases , he shall be entitled to a reduction in the total cost of the credit , such a reduction consisting of the interest and the costs for the remaining duration of the contract . those reductions can be offset against legitimate indemnities by creditors .


### member states shall ensure that consumers provide creditors and , where applicable , credit intermediaries with complete and correct information on their financial situation and personal circumstances in the context of the credit application process . that information should be supported , when necessary , by documentary evidence from independently verifiable sources . ### member states shall ensure that consumers provide creditors and , where applicable , credit intermediaries with complete and correct information on their financial situation and personal circumstances in the course of the credit application process . that information should be supported , when necessary , by documentary evidence from independently verifiable sources .


### irrespective of whether these communities are located in urban or rural areas , due to the extremely poor quality of their housing conditions , expenditures on the replacement of the existing houses by newly constructed ones should also be eligible . ### irrespective of whether these communities are located in urban or rural areas , due to the extremely poor quality of their housing conditions , expenditures on the renovation and on the substitution of the existing houses by newly constructed ones of high environmental quality on the same site should also be eligible .


### liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions . advanced biofuels , such as those made from wastes and algae , provide high greenhouse gas savings with low risk of causing indirect land use change and do not compete directly for agricultural land for the food and feed markets . it is appropriate , therefore , to encourage greater production of such advanced biofuels as these are currently not commercially available in large quantities , in part due to competition for public subsidies with established food crop based biofuel technologies . further incentives should be provided by increasing the weighting of advanced biofuels towards 10% target for transport set in directive 2009 / 28 / ec compared to conventional biofuels . in this context , only advanced biofuels with low estimated indirect land use change impacts and high overall greenhouse gas savings should be supported as part of the post 2020 renewable energy policy framework . ### liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions . advanced biofuels , such as those made from wastes , provide high greenhouse gas savings with low risk of causing indirect land use change and do not compete directly for agricultural land for the food and feed markets . it is appropriate , therefore , to encourage greater production of some of such advanced biofuels as these are currently not commercially available in large quantities , in part due to competition for public subsidies with established food crop based biofuel technologies . in this context , only advanced biofuels with low estimated indirect land use change impacts and high overall greenhouse gas savings should be supported as part of the post 2020 renewable energy policy framework .


### to prepare for the transition towards advanced biofuels and minimise the overall indirect land use change impacts in the period to 2020 , it is appropriate to limit the amount of biofuels and bioliquids obtained from food crops as set out in part a of annex viii to directive 2009 / 28 / ec and part a of annex v to directive 98 / 70 / ec that can be counted towards targets set out in directive 2009 / 28 / ec . without restricting the overall use of such biofuels , the share of biofuels and bioliquids produced from cereal and other starch rich crops , sugar and oil crops that can be counted towards the targets of directive 2009 / 28 / ec should be limited to the share of such biofuels and bioliquids consumed in 2011 . ### to prepare for the transition towards advanced biofuels and minimise the overall indirect land use change impacts in the period to 2020 , it is appropriate to limit the amount of biofuels and bioliquids obtained from food crops as set out in part a of annex viii to directive 2009 / 28 / ec and part a of annex v to directive 98 / 70 / ec . without restricting the overall use of such biofuels , the share of biofuels and bioliquids produced from cereal and other starch rich crops , sugar and oil crops that can be counted towards the 10% target for transport set in directive 2009 / 28 / ec should be limited .


### article 3 of directive 2009 / 28 / ec on the promotion of the use of energy from renewable energy sources and amending and subsequently repealing directives 2001 / 777 / ec and 2003 / 30 / ec9 requires member states to ensure that the share of energy from renewable energy sources in all forms of transport in 2020 is at least 10% of their final energy consumption . the blending of biofuels is one of the methods available for member states to meet this target , and is expected to be the main contributor . ### article 3 of directive 2009 / 28 / ec on the promotion of the use of energy from renewable energy sources and amending and subsequently repealing directives 2001 / 777 / ec and 2003 / 30 / ec requires member states to ensure that the share of energy from renewable energy sources in all forms of transport in 2020 is at least 10% of their final energy consumption . the need for reducing the energy consumption in the transport sector is imperative because a mandatory percentage target for energy from renewable sources is likely to become increasingly difficult to achieve sustainably if overall demand for energy for transport continues to rise . the use of electricity from renewable energy sources as blending of zero and low iluc biofuels are other methods available for member states to meet this target .


### a member state wishing to obtain financial assistance from one or several other states , the efsf , the esm , the international monetary fund or another institution outside of the union framework shall immediately inform the council , the commission and the ecb of its intention . the efc , or any subcommittee the latter may designate for that purpose , shall hold a discussion on this envisaged request , after having received an assessment from the commission . ### a member state intending to request financial assistance from one or several other member states , the efsf , the esm , the imf or another institution outside of the union framework shall immediately inform the council , the commission and the ecb of its intention . the efc shall hold a discussion on this envisaged request , after having received an assessment from the commission with a view to examining , inter alia , the possibilities available under existing union or euro area financial instruments before the member state concerned addresses potential lenders .


### where financial assistance is sought from the efsf or the esm , the commission shall prepare – in liaison with the ecb and wherever possible , the imf - an analysis of the sustainability of the government debt of the member state concerned , including the member state ' s ability to repay the envisaged financial assistance , and forward it to the efc or to any subcommittee the latter may designate for that purpose . ### where financial assistance is sought from the efsf , the efsm or the esm , the commission shall prepare – in liaison with the ecb and where appropriate , the imf - an analysis of the sustainability of the government debt and the actual or potential financing needs of the member state concerned , including the member state ' s ability to repay the envisaged financial assistance , and send it to the efc


### the commission shall conduct , in liaison with the ecb , regular review missions in the member state under surveillance to verify the progresses made in the implementation of the measures mentioned in paragraph 1 , 2 and 3 . it shall communicate every quarter its findings to the economic and financial committee - or to any subcommittee the latter may designate for that purpose - and assess notably whether further measures are needed . these review missions shall replace the onsite monitoring foreseen in article 10a of regulation no 1467 / 97 . ### the commission shall conduct , in liaison with the ecb and the esa , regular review missions in the member state under surveillance to verify the progresses made in the implementation of the measures mentioned in paragraph 1 , 2 and 3 . it shall communicate every quarter its findings to the economic and financial committee , the employment committee , the euro working group - or to any subcommittee the latter may designate for that purpose - as well as to the relevant committee of the european parliament . the report shall assess notably whether further measures are needed . these review missions shall replace the onsite monitoring foreseen in article 10a of regulation no 1467 / 97 .


### on a request from the commission , the member state under enhanced surveillance shall : ### the member state under enhanced surveillance shall :


### this regulation sets out provisions for strengthening the economic and budgetary surveillance of member states experiencing or threatened with serious difficulties with respect to their financial stability and / or that receive or may receive financial assistance from one or several other states , the european financial stability facility , the european financial stability mechanism , the european stability mechanism or other international financial institutions , such as the international monetary fund . ### this regulation sets out provisions for strengthening the economic and budgetary surveillance of member states experiencing or threatened with serious difficulties with respect to their financial stability and / or that have requested or receive financial assistance from one or several other states , the european financial stability facility , the european financial stability mechanism , the european stability mechanism or other international financial institutions , such as the international monetary fund . financial assistance covers all forms of financial support including pre - cautionary financial assistance .


### where it is concluded - on the basis of the assessment foreseen in paragraph 4 - that further measures are needed and the financial situation of the member state concerned has significant adverse effects on the financial stability of the euro area , the council , acting by qualified majority on a proposal from the commission , may recommend to the member state concerned to seek financial assistance and to prepare a macro - economic adjustment programme . the council may decide to make this recommendation public . ### where it is concluded - on the basis of the assessment foreseen in paragraph 4 - that further measures are needed and the financial situation of the member state concerned has significant adverse effects on the financial stability of the euro area , the commission , may recommend to the member state concerned to take precautionary measures or to prepare a draft macro - economic adjustment programme . the council may within 10 days of the adoption of such recommendation , repeal it by qualified majority . the recommendation shall be made public .


### communicate to the commission , the ecb and the european banking authority at the requested frequency disaggregated information on the financial situation of the financial institutions which are under the surveillance of its national supervisors ; ### communicate to the commission , the ecb and the esa at the requested frequency disaggregated information on the financial situation of the financial institutions which are under the surveillance of its national supervisors . on the basis of that information , as well as on the basis of indicators included in the scoreboard for macroeconomic imbalances established in article 2 of regulation no 1176 / 2011 , the relevant esa shall prepare , in liaison with the esrb , an assessment of the potential vulnerabilities of the financial system and forward this assessment to the commission at the frequency indicated by the latter . the ecb shall also receive the assessment . that reporting shall take place in accordance with article 35 of regulations no 1093 / 2010 , 1094 / 2010 and 1095 / 2010 of the european parliament and of the council of 24 november 2010 ;


### a member state receiving financial assistance from one or several other states , the imf , the efsf or the esm shall prepare in agreement with the commission - acting in liaison with the ecb - a draft adjustment programme aimed at re - establishing a sound and sustainable economic and financial situation and restoring its capacity to finance itself fully on the financial markets . the draft adjustment programme shall take due account of the current recommendations addressed to the member state concerned under articles 121 , 126 and / or 148 of the treaty - and its actions to comply with them - while aiming at broadening , strengthening and deepening the required policy measures . ### a member state requesting or receiving financial assistance from one or several other states , the imf , the efsf , the efsm or the esm shall prepare in agreement with the commission - acting in liaison with the ecb and where appropriate the imf - a binding draft adjustment programme , including annual budgetary targets , which is ambitious and addresses the specific risks emanating from that member state for the financial stability of the euro area and which aims at rapidly re - establishing a sound and sustainable economic and financial situation and restoring its capacity to finance itself fully on the financial markets . the draft adjustment programme shall take due account of the recommendations addressed to the member state concerned under articles 121 , 126 , 136 and / or 148 of the treaty - and its actions to comply with them - while aiming at broadening , strengthening and deepening the required policy measures .


### a member state wishing to obtain financial assistance from one or several other states , the efsf , the esm , the international monetary fund or another institution outside of the union framework shall immediately inform the council , the commission and the ecb of its intention . the efc , or any subcommittee the latter may designate for that purpose , shall hold a discussion on this envisaged request , after having received an assessment from the commission . ### a member state intending to request financial assistance from one or several other states , the efsf , the efsm , the esm , the international monetary fund or another institution outside of the union framework shall immediately inform the council , the commission and the ecb of its intention . the efc , or any subcommittee the latter may designate for that purpose , shall hold a discussion on this envisaged request , after having received an assessment from the commission .


### the unprecedented global crisis that has hit the world over the last three years has seriously damaged economic growth and financial stability and provoked a strong deterioration in the government deficit and debt position of the member states , leading a number of them to seek financial assistance outside the framework of the union . ### the unprecedented global crisis that has hit the world since 2007 has seriously damaged economic growth and financial stability and provoked a strong deterioration in the government deficit and debt position of the member states , leading a number of them to seek financial assistance outside and within the framework of the union .


### where financial assistance is sought from the efsf or the esm , the commission shall prepare – in liaison with the ecb and wherever possible , the imf - an analysis of the sustainability of the government debt of the member state concerned , including the member state ' s ability to repay the envisaged financial assistance , and forward it to the efc or to any subcommittee the latter may designate for that purpose . ### where financial assistance is sought from the efsf , the efsm or the esm , the commission shall prepare – in liaison with the ecb and wherever possible and appropriate , the imf - an analysis of the sustainability of the government debt and the actual or potential financing needs of the member state concerned , including the member state ' s ability to repay the envisaged financial assistance , and forward it to the euro working group , efc or to any subcommittee the latter may designate for that purpose , the relevant committee of the european parliament and the member state parliament . the assessment of the sustainability of the government debt shall be based on prudent macroeconomic and budgetary forecasts using the most up - to - date information and taking proper account of the outcome of the report referred to in point of article 3 as well as any supervisory task exercised according to point of article 3 and shall develop sensitivity analysis . the macroeconomic and budgetary forecasts shall assess the direct and indirect impact of various macroeconomic and financial shocks and adverse developments on the sustainability of government debt , including an estimation of the potential output and macroeconomic multiplier effects . the chosen baseline scenario shall be described with reasoning and shall be built on a balanced account of downside and upside risks . moreover , for all sub - sectors of general government of the respective member state relevant information on contingent liabilities with potentially large impacts on public budgets , including government guarantees , non - performing loans , and liabilities stemming from the operation of public corporations shall be published . likewise , information on the participation of general government in the capital of private and public corporations in respect of economically significant amounts of the respective member state shall also be published , as referred to in article 14 of the council directive 2011 / 85 / eu . the commission shall make public the methodology , the economic and econometric underlying models and assumptions , as well as any other relevant parameter underpinning the assessment of the sustainability of the government debt . the commission shall be empowered to adopt delegated acts in accordance with article 13a specifying the format of the assessment and the elements referred above in this paragraph .


### the reports should serve to facilitate governments of resource - rich countries in implementing the eiti principles and criteria and account to their citizens for payments such governments receive from undertakings active in the extractive industry or loggers of primary forests operating within their jurisdiction . the report should incorporate disclosures on a country and project basis , where a project is considered as the lowest level of operational reporting unit at which the undertaking prepares regular internal management reports , such as a concession , geographical basin , etc and where payments have been attributed to such projects . in the light of the overall objective of promoting good governance in these countries , the materiality of payments to be reported should be assessed in relation to the recipient government . various criteria on materiality could be envisaged such as payments of an absolute amount , or a percentage threshold and these can be defined through a delegated act . the reporting regime should be subject to a review and a report by the commission within five years of the entry into force of the directive . the review should consider the effectiveness of the regime and take into account international developments including issues of competitiveness and energy security . the review should also take into account the experience of preparers and users of the payments information and consider whether it would be appropriate to include additional payment information such as effective tax rates and recipient details , such as bank account information . ### the reports should serve to facilitate governments to be accountable to their citizens for payments such governments receive from undertakings operating within their jurisdiction . where such undertakings are active in the extraction of natural resources , the reports should serve to facilitate governments of resource - rich countries in implementing the eiti principles and criteria and account to their citizens for payments such governments receive from undertakings operating within their jurisdiction . the report should incorporate disclosures on a country basis and in the case of undertakings active in the extractive industries , fishery sector or the logging of primary forests , the report should also specify the specific project or projects to which those payments have been attributed , a project being considered equivalent to the contract , licence , lease , concession or other legal agreement which gives rise to a company ' s tax and revenue liabilities in each country where it operates . where any payment liabilities are incurred on a different basis , reporting shall be on that basis . in the light of the overall objective of promoting good governance in these countries , payments shall be considered material if any one payment or set of payments of the same type amounts to more than eur 15 000 . the reporting regime should be subject to a review and a report by the commission within four years of the entry into force of the directive . the review should consider the effectiveness of the regime and take into account the experience of preparers and users of the payments information and consider whether it would be appropriate to include additional payment information .


### member states shall require large undertakings and all public interest entities active in the extractive industry or the logging of primary forests to prepare and make public a report on payments made to governments on an annual basis . ### member states shall require large undertakings , including joint - venture undertakings , and all public interest entities to prepare and make public a report on payments , including payments in kind , made to governments on an annual basis as part of the annual report of financial statements . in this report , the undertaking shall also publish additional financial information regarding their activities in third countries .


### the reports should serve to facilitate governments of resource - rich countries in implementing the eiti principles and criteria and account to their citizens for payments such governments receive from undertakings active in the extractive industry or loggers of primary forests operating within their jurisdiction . the report should incorporate disclosures on a country and project basis , where a project is considered as the lowest level of operational reporting unit at which the undertaking prepares regular internal management reports , such as a concession , geographical basin , etc and where payments have been attributed to such projects . in the light of the overall objective of promoting good governance in these countries , the materiality of payments to be reported should be assessed in relation to the recipient government . various criteria on materiality could be envisaged such as payments of an absolute amount , or a percentage threshold and these can be defined through a delegated act . the reporting regime should be subject to a review and a report by the commission within five years of the entry into force of the directive . the review should consider the effectiveness of the regime and take into account international developments including issues of competitiveness and energy security . the review should also take into account the experience of preparers and users of the payments information and consider whether it would be appropriate to include additional payment information such as effective tax rates and recipient details , such as bank account information . ### the reports should serve to facilitate governments to be accountable to their citizens for payments such governments receive from undertakings operating within their jurisdiction . the report should incorporate disclosures on a country basis and in the case of undertakings active in the extractive industries or the logging of primary forests , the report should also specify the specific project or projects to which those payments have been attributed , a project being considered equivalent to the contract , licence , lease , concession or other legal agreement which gives rise to a company ' s tax and revenue liabilities in each country where it operates . where any payment liabilities are incurred on a different basis , reporting shall be on that basis . in the light of the overall objective of promoting good governance in these countries , payments shall be considered material if any one payment or set of payments of the same type amounts to more than eur 15 000 . the reporting regime should be subject to a review and a report by the commission within five years of the entry into force of the directive . the review should consider the effectiveness of the regime and take into account international developments including issues of competitiveness and energy security . the review should also take into account the experience of preparers and users of the payments information and consider whether it would be appropriate to include additional payment information .


### ‘ government’ means any national , regional or local authority of a member state or of a third country . it includes a department , agency or undertaking controlled by that authority as laid down in article 23 to of this directive . ### ' government ' means any national , regional or local authority of a member state or of a third country . it includes a department , agency or undertaking controlled by that authority as laid down in article 23 to of this directive , or any government entity , [ state undertaking , companies belonging to government members , their relatives and close relations ] , that receives any payment of the type noted in article 38 from any constituent member of an undertaking .


### member states shall require large undertakings and all public interest entities active in the extractive industry or the logging of primary forests to prepare and make public a report on payments made to governments on an annual basis . ### member states shall require large undertakings , including joint - venture undertakings , and all public interest entities to prepare and make public a report on payments , including payments in kind , made to governments on an annual basis as part of the annual report of financial statements . in this report , the undertaking shall also publish additional financial information regarding their activities in third countries . in particular , the report shall include activities of subsidiaries , associates , joint ventures , permanent establishments and other trading arrangements to the extent that they are consolidated in the annual financial statements of the undertaking or entity in question . the report shall be part of the notes to the financial statements .


### in order to provide for enhanced transparency of payments made to governments , large undertakings and public interest entities which are active in the extractive industry or logging of primary forests should disclose in a separate report on an annual basis material payments made to governments in the countries in which they operate . such undertakings are active in countries rich in natural resources , in particular minerals , oil , natural gas as well as primary forests . the report should include types of payments comparable to those disclosed by an undertaking participating in the extractive industries transparency initiative . the initiative is also complementary to the eu flegt action plan and the timber regulation which require traders of timber products to exercise due diligence in order to prevent illegal wood from entering into the eu market . ### in order to provide for enhanced transparency of payments made to governments , all large undertakings and public interest entities should disclose as part of the annual report of financial statements a report on material payments made to governments in the countries in which they operate , as well as additional financial information regarding their activities in third countries . where such undertakings are active in the extraction of natural resources , in particular minerals , oil , natural gas as well as primary forests , reporting shall also specify the specific project or projects to which those payments have been attributed . the report should build upon the disclosure requirements of the extractive industries transparency initiative . the initiative is also complementary to the eu flegt action plan and the timber regulation which require traders of timber products to exercise due diligence in order to prevent illegal wood from entering into the eu market .


### ' undertaking active in the extractive industry ' means an undertaking with any activity involving the exploration , discovery , development , and extraction of minerals , oil and natural gas deposits , as referred to in section b - divisions 05 to 08 of annex i to regulation no 1893 / 2006 of the european parliament and of the council . ### undertaking means the highest level parent company publishing accounts within the european union where the group of companies for which that parent company prepares consolidated financial statements includes subsidiary companies , branches , permanent establishments , joint ventures and associate undertakings .


### in order to provide for enhanced transparency of payments made to governments , large undertakings and public interest entities which are active in the extractive industry or logging of primary forests should disclose in a separate report on an annual basis material payments made to governments in the countries in which they operate . such undertakings are active in countries rich in natural resources , in particular minerals , oil , natural gas as well as primary forests . the report should include types of payments comparable to those disclosed by an undertaking participating in the extractive industries transparency initiative . the initiative is also complementary to the eu flegt action plan and the timber regulation which require traders of timber products to exercise due diligence in order to prevent illegal wood from entering into the eu market . ### in order to provide for enhanced transparency of payments made to governments , all large undertakings and public interest entities should disclose as part of the annual report of financial statements a report on material payments made to governments in the countries in which they operate , as well as additional financial information regarding their activities in third countries . the disclosure of these data aims at enabling investors to make better - informed decisions , improving corporate governance and accountability and contributing to containing tax evasion . the report should incorporate disclosures on a country basis . furthermore , where such undertakings are active in the extraction of natural resources , in particular minerals , oil , natural gas as well as primary forests , as well as in fisheries activities , reporting shall also specify the specific project or projects to which those payments have been attributed . the report should accordingly build upon the disclosure requirements of the extractive industries transparency initiative . the initiative is also complementary to the eu flegt action plan and the timber regulation which require traders of timber products to exercise due diligence in order to prevent illegal wood from entering into the eu market .


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


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


### in order to enable the provision of specialised services to end - users , providers of content , applications and services and providers of electronic communications to the public shall be free to enter into agreements with each other to transmit the related data volumes or traffic as specialised services with a defined quality of service or dedicated capacity . the provision of specialised services shall not impair in a recurring or continuous manner the general quality of internet access services . ### the provision of specialised services shall not impair the quality of internet access services . neither shall they impairexisting , generally recognised technical standards and their further development . special services shall only be admissible where there is a manifest technical and de facto need for them , over and above economic self - interest , so as to be able to provide real time critical applications meeting particular quality standards .


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


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


### in order to enable the provision of specialised services to end - users , providers of content , applications and services and providers of electronic communications to the public shall be free to enter into agreements with each other to transmit the related data volumes or traffic as specialised services with a defined quality of service or dedicated capacity . the provision of specialised services shall not impair in a recurring or continuous manner the general quality of internet access services . ### the provision of specialised services shall not impair the quality of internet access services . neither shall they undermine existing , generally recognised technical standards and their development . special services shall only be admissible where there is a manifest technical and de facto need for them , over and above economic self - interest , so as to be able to provide real time critical applications or applications requiring special safeguards and meeting particular quality standards .


### member states shall ensure that fishing vessels flying their flag retaining on board fish for which the member state has no quota shall return to port . ### member states shall ensure that fishing vessels flying their flag retaining on board fish for which the member state has no quota shall cease fishing immediately and return to port .


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


### the commission shall be empowered to adopt delegated acts to amend annex i on the basis of advances in scientific information or where the burden to fishermen proves to be disproportionate to the benefits . those delegated acts shall be adopted in accordance with article 16 . ### the commission shall be empowered to adopt delegated acts to amend annex i on the basis of advances in scientific information or the experience gained during the implementation of the discard band . the commission shall also be empowered to adopt delegated acts specifying what fish species in which fishing operations may be released in view of their high survival rate . those delegated acts shall be adopted in accordance with article 16 .


### in the exercise of their powers in article 19 , competent authorities shall cooperate closely to ensure that the administrative measures and sanctions produce the desired results of this regulation and coordinate their action in order to avoid possible duplication and overlap when applying administrative measures and sanctions to cross border cases . ### in the exercise of their powers in article 19 , competent authorities shall cooperate closely to ensure that the administrative measures and sanctions produce the desired results of this regulation and coordinate their action in order to avoid possible duplication and overlap when applying administrative measures and sanctions to cross border cases , with full respect for the principle of ne bis in idem .


### algeria , andorra , antigua and barbuda , argentina , aruba , bahamas , bahrain , bangladesh , barbados , belize , benin , bhutan , bolivia , botswana , brazil , british virgin islands , brunei , cameroon , cape verde , chile , china , comoros islands , costa rica , djibouti , dominica , dominican republic , ecuador , egypt , el salvador , equatorial guinea , falkland islands , faroe islands , fiji , french guyana , french ot , gabon , gambia , gibraltar , greenland , grenada , guadeloupe , guam , guatemala , ghana , guinea bissau , guyana , honduras , hong kong special administrative region , iceland , india , indonesia , israel , jordan , kuwait , lesotho , liechtenstein , macau , madagascar , malawi , malaysia , maldives , mali , martinique , mauritius , mexico , monaco , montserrat , morocco , namibia , netherlands antilles , new caledonia , nicaragua , niger , nigeria , oman , panama , papua new guinea , peru , philippines , puerto rico , qatar , russia , samoa , san marino , sao tome e principe , saudi arabia , senegal , seychelles , singapore , solomon islands , south africa , south korea , sri lanka , st . helena , st . kitts and nevis , st . vincent , surinam , swaziland , taiwan , thailand , togo , trinidad and tobago , tunisia , turkey , turks and caicos islands , united arab emirates , uruguay , us virgin islands , vanuatu , venezuela . ### argentina , albania , bosnia and herzegovina , brazil , chile , china , croatia , former yugoslav republic of macedonia , french overseas territories , iceland , india , israel , kazakhstan , republic of korea , mexico , montenegro , morocco , russia , serbia , singapore , south africa , tunisia , turkey , ukraine , united arab emirates .


### for an essentially identical transaction where the initial authorisation has been revoked . ### when the initial authorisation has been annulled , suspended , modified , or revoked .


### argentina ; bangladesh , belize , benin , bolivia , brazil ; cameroun , chile ; cook island , costa rica ; dominica , ecuador , el salvador , fiji , georgia , guatemala , guyana , india , lesotho , maldives , mauritius , mexico , namibia , nicaragua , oman , panama , paraguay , russia , st lucia , seychelles , peru , sri lanka , south africa ; swaziland , turkey ; uruguay , ukraine ; republic of korea . ### argentina croatia iceland south korea turkey ukraine .


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


### where the exporter is aware that the items in question are intended , in their entirety or in part , for any of the uses referred to in articles 4 and 4 . ### where the items in question are intended , in their entirety or in part , for any of the uses referred to in articles 4 and 4 ;


### provide customs officers , if so requested , with documentary evidence of the date of importation of the goods into the european community , of any repairs to the goods carried out in the european community and of the fact that the items are being returned to the person and the country from which they were imported into the european community . ### provide customs officers , if so requested , with documentary evidence of the date of importation of the goods into the european union , of any repairs to the goods carried out in the european union and of the fact that the items are being returned to the end user and the country from which they were imported into the european union .


### for the purpose of this authorisation , “exhibition” means any trade or industrial exhibition , fair or similar public show or display which is not organised for private purposes in shops or business premises with a view to the sale of foreign products , during which the products remain under customs control . ### for the purpose of this authorisation , “exhibition or fair” means any trade or industrial exhibition , fair or similar public show or display which is not organised for private purposes in shops or business premises with a view to the sale of foreign products , during which the products remain under customs control .


### the monitoring committee shall be composed of representatives of the managing authority and intermediate bodies and of representatives of the partners . each member of the monitoring committee shall have a voting right . ### the monitoring committee shall be composed of representatives of the managing authority and intermediate bodies and of representatives of the partners referred to in article 5 , in particular considering partners involved in the preparation of the concerned programmes . each member of the monitoring committee shall have a voting right . member states shall ensure the gender equality at this body .


### for the partnership contract and each programme respectively , a member state should organise a partnership with the representatives of competent regional , local , urban and other public authorities , economic and social partners , and bodies representing civil society , including environmental partners , non - governmental organisations , and bodies responsible for promoting equality and non - discrimination . the purpose of such a partnership is to respect the principle of multi - level governance , ensure the ownership of planned interventions by stakeholders and build on the experience and know - how of relevant actors . the commission should be empowered to adopt delegated acts providing for a code of conduct in order to ensure that partners are involved in the preparation , implementation , monitoring and evaluation of partnership contracts and programmes in a consistent manner . ### for the partnership contract and each programme respectively , a member state should organise a partnership with the representatives of competent regional , local , urban and other public authorities , economic and social partners , and bodies representing civil society , including environmental partners , non - governmental organisations , and bodies responsible for promoting gender equality , non - discrimination and non - governmental organisations promoting social inclusion and organisations active in the areas of culture , education and youth policy . specific attention shall be paid to groups that might be affected by the programmes and may have difficulties to influence them . the purpose of such a partnership is to respect the principle of multi - level governance , ensure the ownership of planned interventions by stakeholders and build on the experience and know - how of relevant actors . therefore the partners should represent the different territorial levels in accordance with the institutional structure of the member states . the partners shall select and appoint their members representing them in the monitoring committee . the commission should be empowered to adopt delegated acts providing for a code of conduct in order to ensure that partners are involved in the preparation , implementation , monitoring and evaluation of partnership contracts and programmes in a consistent manner . the cooperation with the partners shall follow the best practices . each member state shall ensure that an adequate level of technical assistance in order to facilitate their involvement and participation in all stages of the programming process


### the member states and the commission shall take appropriate steps to prevent any discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation during the preparation and implementation of programmes . ### the member states and the commission shall take appropriate steps to prevent any discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation during the preparation and implementation of programmes by paying particular attention to those who face multiple discriminations . the accessibility for disabled persons shall be one of the criteria to be observed in defining operations co - financed by the funds and to be taken into account during the various implementation stages .


### the member states and the commission shall ensure that equality between men and women and the integration of gender perspective is promoted in the preparation and implementation of programmes . ### the member states and the commission shall ensure that equality between men and women and the coherent integration of the gender perspective into all stages of the preparation , programming and implementation , monitoring and evaluation of the csf - funds with methods of the gender budgeting assessment . member states shall further allow for a balanced participation of women and men in the management and implementation of operational programmes at local , regional and national level and report on progress in this matter .


### in the context of its effort to increase economic , territorial and social cohesion , the union should , at all stages of implementation of the csf funds , aim at eliminating inequalities and promoting equality between men and women , as well as combating discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . ### in the context of its effort to increase economic , territorial and social cohesion , the union shall , at all stages of implementation of the csf funds , aim at eliminating inequalities and promoting equality between men and women , taking into account the eu gender equality strategy 491 final ) , the pact for gender equality and implementation acts and further policies on eu - national and regional level implementing article 8 of the treaty , as well as combating discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation , or disability , in particular taking into account the un convention on rights of persons with disabilities which is in force since 3 may 2008 and eu policies to implement the un - convention .


### material assets , cultural heritage and the landscape ### material assets , cultural and historical heritage and the landscape ;


### a new vehicle authorisation for placing on the market shall be required if any changes are made to the values of the parameters included in the vehicle authorisation already granted . ### it is required by the relevant tsis . during an upgrade or a renewal only the modification shall be in scope of this article .


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


### the tsis should specify the procedures for checking the compatibility between vehicles and network after the delivery of the vehicle authorisation for placing on the market and before the decision to place into service . ### the tsis should specify the procedures for checking the compatibility between vehicles and network before the start of a new operation .


### railway undertakings shall place in service a vehicle only after having checked , , in consultation with the infrastructure manager , the technical compatibility between the vehicle and the route and the safe integration of the vehicle into the system in which it is intended to operate , established on the basis of the relevant tsis , national rules , registers , and the common safety methods set out in article 6 of directive . ### before operating a vehicle , the railway undertaking shall check that this vehicle has a valid authorisation for placing in service for the member states and the routes on which that vehicle is intended to run , taking into account : the register specified in article 45 and any temporary altered values of the parameters due to provisional restrictions related to the network transmitted by the infrastructure manager or to the vehicle by the ecm . b ) the european vehicle register referred to in article 43 and / or european vehicle type register referred to in article 44 including any temporary altered values of the parameters due to provisional restrictions related to the type or to the vehicle .


### a vehicle shall be placed on the market only after having received the vehicle authorisation for placing on the market issued by the agency in accordance with paragraph 5 . ### a vehicle shall be placed in service only after having received the vehicle authorisation for placing in service issued by the agency in accordance with paragraph 5 .


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


### the applicant may bring an appeal before the board of appeal designated under article 51 of regulation no … / … [ establishing a european railway agency ] against decisions of the agency or its failure to act within the time limits referred to in paragraph 5 . ### the applicant , any natural or legal person or a member of the network of representative bodies may bring an appeal before the board of appeal designated under article 51 of regulation no . . . / . . . [ establishing a european railway agency ] against any decisions of the agency or its failure to act within the time limits referred to in this article . 8 .


### the vehicle authorisation for placing on the market may stipulate conditions for the use of the vehicle and other restrictions . ### the vehicle authorisation for placing in service shall stipulate conditions for the use of the vehicle and other restrictions .


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


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


### the agency shall issue decisions granting vehicle authorisations for placing on the market . those authorisations attest the values of the parameters relevant for checking the technical compatibility between the vehicle and the fixed installations as set out in the tsis . the vehicle authorisation for placing on the market shall also provide information about the vehicle ' s compliance with the relevant tsis and sets of national rules , related to these parameters . ### the agency shall issue decisions granting vehicle authorisations for placing on the market . those authorisations attest the values of the parameters relevant for checking the technical compatibility between the vehicle and the fixed installations as set out in the tsis . the vehicle authorisation for placing on the market shall also provide information about the vehicle ' s compliance with the relevant tsis and sets of national rules for the selected networks or lines or group of networks or lines according to paragraph 9 . the vehicle authorisation for placing in service shall also provide information about the vehicle ' s compliance with the relevant tsis and sets of national rules for the selected networks or lines or group of networks or lines according to paragraph 9 related to these parameters .


### any vehicle placed in service in the union ' s rail system shall carry a european vehicle number assigned by the national safety authority competent for the relevant territory before the first placing in service of the vehicle . ### any vehicle placed in service in the union ' s rail system shall carry a european vehicle number assigned by the agency at the time of issuing the authorisation .


### the agency may issue vehicle authorisation for placing on the market for a series of vehicles . those authorisations shall be valid in all member states . ### the agency may issue vehicle authorisation for placing in service for a series of vehicles . any negative or restrictive decision made by the agency shall be duly justified . those authorisations shall be recognised in all member states .


### at the request of the applicant , the vehicle authorisation for placing on the market may include a clear indication of the networks or lines or groups of networks or lines where the railway undertaking may place such a vehicle in service without further verifications , checks or tests concerning the technical compatibility between the vehicle and these networks or lines . in that case , the applicant shall include in its request the proof of the technical compatibility of the vehicle with the networks or lines concerned . ### the applicant shall include in its request the demonstration of the technical compatibility of the vehicle with the networks or lines or groups of networks or lines for which it applies . the vehicle authorisation for placing in service shall include a clear indication of the networks or lines or groups of networks or lines where the vehicle can run without further verifications , checks or tests concerning the technical compatibility between the vehicle and these networks or lines , without prejudice of temporary restrictions on the network or lines concerned or related to the vehicle itself . in that case , the applicant shall include in its request the proof of the technical compatibility of the vehicle with the networks or lines . this indication may be also broadened to other networks or lines , at the request of the original or another applicant , after the relevant authorisation for placing in service has been issued .


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


### placing in service of vehicles ### use of vehicles


### the labels are established in an open and transparent procedure in which all stakeholders , including government bodies , consumers , manufacturers , distributors and environmental organisations may participate , ### the labels are established in an open and transparent procedure in which all stakeholders , including government bodies , consumers , manufacturers , trade unions , distributors and environmental organisations may participate ,


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


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


### 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 .


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


### the term of a framework agreement shall not exceed four years , save in exceptional cases duly justified , in particular by the subject of the framework agreement . ### the term of a framework agreement shall not exceed six years , save in exceptional cases duly justified , in particular by the subject of the framework agreement .


### whenever a common methodology for the calculation of life - cycle costs is adopted as part of a legislative act of the union , including by delegated acts pursuant to sector specific legislation , it shall be applied where life - cycle costing is included in the award criteria referred to in article 76 . ### any common methodology for the calculation of life - cycle costs adopted as part of a legislative act of the union , pursuant to sector specific legislation , or as part of a european technical specification shall be deemed to meet the criteria as set out in paragraph 2 and may be included in the award criteria referred to in article 76 .


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


### member states shall make available technical support structures in order to provide legal and economic advice , guidance and assistance to contracting entities in preparing and carrying out procurement procedures . member states shall also ensure that each contracting entity can obtain competent assistance and advice on individual questions . ### member states shall make available technical support structures in order to provide legal and economic information , guidance and assistance to contracting entities in preparing and carrying out procurement procedures . member states shall also ensure that each contracting entity can obtain competent assistance and information on individual questions .


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


### at least 90 % of the activities of that legal person are carried out for the controlling contracting authorities or other legal persons controlled by the same contracting authorities ; ### at least 80 % of the activities of that legal person , subject to the contract , are carried out for the controlling contracting authorities or other legal persons controlled by the same contracting authorities ;


### contracting entities may lay down special conditions relating to the performance of a contract , provided that they are indicated in the call for competition or in the specifications . those conditions may , in particular , concern social and environmental considerations . they may also include the requirement that economic operators foresee compensations for risks of price increases that are the result of price fluctuations and that could substantially impact the performance of a contract . ### contracting entities may lay down special conditions linked to the subject matter and relating to the performance of a contract , provided that they are indicated in the call for competition or in the specifications . those conditions may , in particular , concern social and environmental considerations .


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


### contracting entities shall indicate in the specifications whether or not they authorise variants and , if so , the minimum requirements to be met by the variants and any specific requirements for their presentation . where variants are authorised , they shall also ensure that the chosen award criteria can be usefully applied to variants meeting those minimum requirements as well as to conforming tenders which are not variants . ### contracting entities shall indicate in the specifications whether or not they authorise variants and , if so , the minimum requirements to be met by the variants and any specific requirements for their presentation . variants shall not be rejected without such indication .


### 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 . ### procurement within the meaning of this directive is the purchase of works , supplies or services via public contracts 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 . procurement within the meaning of this directive is the acquisition of works , supplies or services by means of public contracts by one or more contracting entities from economic operators chosen by those contracting entities .


### the labels are established in an open and transparent procedure in which all stakeholders , including government bodies , consumers , manufacturers , distributors and environmental organisations may participate , ### the labels are established in an open and transparent procedure in which all relevant stakeholders , including government bodies , consumers , manufacturers , trade unions , distributors , social and environmental organisations may participate , .


### there is no private participation in any of the contracting authorities involved . ### the task is carried out solely by the public authorities concerned , with no participation of a private party with the exception of contracting authorities participating in the cooperation as a public law body in the sense of article 2


### under article 11 of the treaty on the functioning of the european union , environmental protection requirements must be integrated into the definition and implementation of the union policies and activities , in particular with a view to promoting sustainable development . this directive clarifies how the contracting entities may contribute to the protection of the environment and the promotion of sustainable development , whilst ensuring that they can obtain the best value for money for their contracts . ### under article 9 , 10 and 11 of the treaty on the functioning of the european union , environmental protection requirements and social considerations must be integrated into the definition and implementation of the union policies and activities , in particular with a view to promoting sustainable development . this directive clarifies how the contracting entities may contribute to the protection of the environment and the promotion of sustainable development and how they can use their discretionary power to select technical specifications and award criteria with the aim of achieving sustainable public procurement , whilst ensuring the link to the subject matter of the contract and obtaining the best value for money for their contracts .


### contracting entities may take account of variants which are submitted by a tenderer and meet the minimum requirements specified by the contracting entities . ### contracting entities shall take account of variants which are submitted by a tenderer and meet the minimum requirements specified by the contracting entities .


### furthermore , in technical specifications and in award criteria , contracting entities should be allowed to refer to a specific production process , a specific mode of provision of services , or a specific process for any other stage of the life - cycle of a product or service , provided that they are linked to the subject - matter of the contract . in order to better integrate social considerations in public procurement , procurers may also be allowed to include , in the award criterion of the most economically advantageous tender characteristics related to the working conditions of the persons directly participating in the process of production or provision in question . those characteristics may only concern the protection of health of the staff involved in the production process or the favouring of social integration of disadvantaged persons or members of vulnerable groups amongst the persons assigned to performing the contract , including accessibility for persons with disabilities . any award criteria which include those characteristics should in any event remain limited to characteristics that have immediate consequences on staff members in their working environment . they should be applied in accordance with directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services32 and in a way that does not discriminate directly or indirectly against economic operators from other member states or from third countries parties to the agreement or to free trade agreements to which the union is party . ### furthermore , in technical specifications , in award criteria and in contract performance clauses , contracting entities should be allowed to refer to a specific production process , a specific mode of provision of services , or a specific process for any other stage of the life - cycle of a product or service , provided that they are linked to the subject - matter of the contract . in order to better integrate social considerations in public procurement , procurers may include , in the award criterion characteristics related to the working conditions of the persons directly participating in the process of production or provision in question . those characteristics may among others concern the protection of health of the staff involved in the production process or the favouring of social integration of disadvantaged persons or members of vulnerable groups amongst the persons assigned to performing the contract , including accessibility for persons with disabilities . any award criteria which include those characteristics should in any event be linked to the subject matter of the contract . they should be applied in accordance with directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services32and in a way that does not discriminate directly or indirectly against economic operators from other member states or from third countries parties to the agreement or to free trade agreements to which the union is party . contracting authorities may include social considerations in the technical specifications when this is relevant and linked to the subject matter of the contract .


### electronic means of communication are particularly well suited to support centralised purchasing practices and tools because of the possibility they offer to re - use and automatically process data and to minimise information and transaction costs . the use of such electronic means of communication should therefore , as a first step , be rendered compulsory for central purchasing bodies , while also facilitating converging practices across the union . this should be followed by a general obligation to use electronic means of communication in all procurement procedures after a transition period of two years . ### electronic means of communication are particularly well suited to support centralised purchasing practices and tools because of the possibility they offer to re - use and automatically process data and to minimise information and transaction costs . the use of such electronic means of communication should therefore , as a first step , be rendered compulsory for central purchasing bodies , while also facilitating converging practices across the union . this should be followed by a general obligation to use electronic means of communication in all procurement procedures after a transition period .


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


### at least 90 % of the activities of that legal person are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority ; ### at least 80 % of the activities of that legal person , subject to the contract , are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority ;


### the technical specifications as defined in point 1 of annex viii shall be set out in the procurement documents . they shall define the characteristics required of a works , service or supply . ### the technical specifications shall be set out in the procurement documents . they shall define the characteristics required of a works , service or supply in order to achieve both the use and sustainability objectives of the contracting entity .


### it has been drawn up on the basis of scientific information or is based on other objectively verifiable and non - discriminatory criteria ; ### it is based on objectively verifiable and non - discriminatory criteria ;


### this exception only applies when no reasonable alternative or substitute exists and the absence of competition is not the result of an artificial narrowing down of the parameters of the procurement ; ### this exception only applies when the absence of competition is not the result of an artificial narrowing down of the parameters of the procurement ;


### where contracting entities assess the costs using a life - cycle costing approach , they shall indicate in the procurement documents the methodology used for the calculation of the life - cycle costs . the methodology used must fulfil all of the following conditions : ### where contracting entities assess the costs using a life - cycle costing approach , they shall indicate in the procurement documents the data to be provided by the tenderers and the method which the contracting authority will use to determine the life - cycle costs . the method used for the assessment of those life - cycle costs must fulfil all of the following conditions :