### in order to enhance the dialogue between the union institutions , in particular the european parliament , the council and the commission , and to ensure greater transparency and accountability , the competent committee of the european parliament may offer the opportunity to the member state concerned by a commission recommendation to participate in an exchange of views , ### in order to enhance the dialogue between the union institutions , in particular the european parliament , the council and the commission , and to ensure greater transparency and accountability , the competent committees of the european parliament may offer the opportunity to the member state concerned by a commission recommendation to participate in an exchange of views . rules should also be provided for strengthening democratic accountability , transparency and scrutiny of budgetary and more broadly euro area economic policy surveillance and coordination . to that end , specific provisions should be provided for , in accordance with national practices for involving national parliaments , the social partners and civil society organisations ,


### the eurogroup shall discuss opinions of the commission on the national budgetary plans and the budgetary situation and prospects in the euro area as a whole on the basis of the overall assessment made by the commission in accordance with paragraph 3 . the assessment shall be made public . ### the eurogroup shall discuss the opinions of the commission on the national budgetary plans as provided for in paragraph 1 and the overall assessment of the commission on the budgetary situation and prospects in the euro area as a whole as provided for in paragraph 3 .


### strong public finances are best ensured at the planning stage and gross errors should be identified as early as possible . member states should benefit not just from the setting of guiding principles and budgetary targets but also from a synchronised monitoring of their budgetary policies . ### strong public finances are best ensured at the planning stage and gross errors should be identified as early as possible . member states should benefit not just from the setting of guiding principles and budgetary targets but also from a synchronised monitoring of their budgetary and macro - financial policies .


### as demonstrated by the sovereign debt crisis , and in particular by the need to put in place common financial backstops , member states whose currency is the euro share enhanced spillovers from their budgetary policy . each of the member states whose currency is the euro should consult the commission and other member states whose currency is the euro before the adoption of any major fiscal policy reform plans with potential spillover effects , so as to give the possibility for an assessment of possible impact for the euro area as a whole . they should consider their budgetary plans to be of common concern and submit them to the commission for monitoring purposes in advance of the plans becoming binding . the commission should be in a position , if necessary , to adopt an opinion on the draft budgetary plan , that the member state and in particular budgetary authorities should be invited to take into account in the process of the budget law adoption . such an opinion should ensure that union ' s policy guidance in the budgetary area is appropriately integrated in the national budgetary preparations . in particular , this opinion should include an assessment of whether or not the budgetary plans appropriately address the recommendations issued in the context of the european semester in the budgetary area . the commission should stand ready to present this opinion to the parliament of the member state concerned at its request . the extent to which this opinion has been taken into account should be part of the assessment , if and when the conditions are met , leading to the decision to place the concerned member state in excessive deficit procedure , where no follow - up to the early guidance from the commission should be considered as an aggravating factor . also , based on an overall assessment of the plans by the commission , the eurogroup should discuss the budgetary situation and prospects for the euro area . ### as demonstrated by the sovereign debt crisis , and in particular by the need to put in place common financial backstops , member states whose currency is the euro generate or are affected by spill - over effects from their budgetary and macroeconomic policy . spill - over effects should therefore be identified and addressed within the framework of country - specific surveillance procedures as well as in the overall assessment of the budgetary situation and prospects in the euro area as a whole . the assessment shall identify , on a country - by - country basis , potential negative spill - over effects on the sustainability of public finances of the member states generated by its private sector or by other member states . each of the member states whose currency is the euro should consult the commission and other member states whose currency is the euro before the adoption of any major fiscal policy reform plans with potential spill - over effects , so as to give the possibility for an assessment of possible impact for the euro area as a whole . they should consider their budgetary and more broadly their economic policy plans to be of common concern and submit them to the commission for monitoring purposes in advance of the plans becoming binding . the commission should be in a position , if necessary , to adopt an opinion on the draft budgetary plan , that the member state and in particular budgetary authorities should be invited to take into account in the process of the budget law adoption . such an opinion should ensure that union ' s policy guidance in the budgetary area is appropriately integrated in the national budgetary preparations . in particular , this opinion should include an assessment of whether or not the budgetary and more broadly their economic policy plans appropriately address the recommendations issued in the context of the european semester in the budgetary area . the commission should stand ready to present this opinion to the parliament of the member state concerned at its request . the extent to which this opinion has been taken into account should be part of the assessment , if and when the conditions are met , leading to the decision to place the concerned member state in excessive deficit procedure , where no follow - up to the early guidance from the commission should be considered as an aggravating factor . also , based on an overall assessment of the plans by the commission , the eurogroup and the european parliament should discuss the budgetary situation and prospects for the euro area .


### in order to enhance the dialogue between the union institutions , in particular the european parliament , the council and the commission , and to ensure greater transparency and accountability , the competent committee of the european parliament may offer the opportunity to the member state concerned by a commission recommendation to participate in an exchange of views , ### in order to enhance the dialogue between the union institutions , in particular the european parliament , the council and the commission , and to ensure greater transparency and accountability , the competent committees of the european parliament may offer the opportunity to the member state concerned by a commission recommendation as well as the social partners of that member state to participate in an exchange of views ,


### the commission opinion shall be made public and , at the request of the parliament of the member state concerned , shall be presented by the commission to the parliament concerned . ### the commission opinion shall be made public and , at the request of the parliament of the member state concerned or the european parliament , shall be presented by the commission to the parliament concerned .


### as demonstrated by the sovereign debt crisis , and in particular by the need to put in place common financial backstops , member states whose currency is the euro share enhanced spillovers from their budgetary policy . each of the member states whose currency is the euro should consult the commission and other member states whose currency is the euro before the adoption of any major fiscal policy reform plans with potential spillover effects , so as to give the possibility for an assessment of possible impact for the euro area as a whole . they should consider their budgetary plans to be of common concern and submit them to the commission for monitoring purposes in advance of the plans becoming binding . the commission should be in a position , if necessary , to adopt an opinion on the draft budgetary plan , that the member state and in particular budgetary authorities should be invited to take into account in the process of the budget law adoption . such an opinion should ensure that union ' s policy guidance in the budgetary area is appropriately integrated in the national budgetary preparations . in particular , this opinion should include an assessment of whether or not the budgetary plans appropriately address the recommendations issued in the context of the european semester in the budgetary area . the commission should stand ready to present this opinion to the parliament of the member state concerned at its request . the extent to which this opinion has been taken into account should be part of the assessment , if and when the conditions are met , leading to the decision to place the concerned member state in excessive deficit procedure , where no follow - up to the early guidance from the commission should be considered as an aggravating factor . also , based on an overall assessment of the plans by the commission , the eurogroup should discuss the budgetary situation and prospects for the euro area . ### as demonstrated by the sovereign debt crisis , and in particular by the need to put in place common financial backstops , member states whose currency is the euro share enhanced spillovers from their budgetary and macroeconomic policy . each of the member states whose currency is the euro should consult the commission and other member states whose currency is the euro before the adoption of any major fiscal policy reform plans with potential spillover effects , so as to give the possibility for an assessment of possible impact for the euro area as a whole , including social and environmental impact . they should consider their budgetary plans to be of common concern and submit them to the commission for monitoring purposes in advance of the plans becoming binding . the commission should be in a position , if necessary , to adopt an opinion on the draft budgetary plan , that the member state and in particular budgetary authorities should be invited to take into account in the process of the budget law adoption . such an opinion should ensure that union ' s policy guidance given in the european semester is appropriately integrated in the national budgetary preparations . in particular , this opinion should include an assessment of whether or not the budgetary plans appropriately address the ' eu 2020 ' growth , employment and social targets as well as the recommendations issued in the context of the european semester . the commission should stand ready to present this opinion to the parliament of the member state concerned at its request . the extent to which this opinion has been taken into account should be part of the assessment , if and when the conditions are met , leading to the decision to place the concerned member state in excessive deficit procedure , where no follow - up to the early guidance from the commission should be considered as an aggravating factor . also , based on an overall assessment of the plans by the commission , the eurogroup should discuss the budgetary situation and prospects for the euro area .


### the member state subject to closer monitoring shall without delay carry out a comprehensive assessment of in - year budgetary execution for the general government and its sub - sectors . the financial risks associated to government - owned entities and government contracts shall also be covered by the assessment to the extent that they may contribute to the existence of an excessive deficit . the result of this assessment shall be included in the report submitted in accordance with article 3 or 5 of regulation no 1467 / 97 on action taken to correct the excessive deficit . ### the member state subject to closer monitoring shall without delay carry out a comprehensive assessment of in - year budgetary execution for the general government and its sub - sectors . the financial risks associated to government - owned entities and government contracts , as defined in article 14 of council directive 2011 / 85 / eu , shall also be covered by the assessment to the extent that they may contribute to the existence of an excessive deficit . the result of this assessment shall be included in the report submitted in accordance with article 3 or 5 of regulation no 1467 / 97 on action taken to correct the excessive deficit . in the event of a severe economic downturn or significant downside correction of forecasts the member state will adopt an updated adjustment path towards the medium term budgetary objective to be agreed with the commission taking proper account of pro - cyclical effects of consolidation measures as well as reviewed forecasts .


### the commission shall make an overall assessment of the budgetary situation and prospects in the euro area as a whole . the assessment shall be made public . ### the commission shall make an overall assessment of the budgetary situation and prospects in the euro area as a whole . the overall assessment shall include stress tests that provide an indication of the risks to public finance sustainability in the event of adverse financial or budgetary developments . the assessment shall identify on a country - by - country basis potential negative spill - over effects on the sustainability of public finances of the member states generated by its private sector or by other member states . the assessment shall be made public and shall be integrated in the forthcoming annual growth survey . the commission shall annex to the assessment a detailed summary of the spring and autumn forecasts for the euro area as a whole . the chosen baseline scenario for the assessment shall be described with reasoning and shall be built on a balanced account of downside and upside risks in order to consider the complete range of possible outcomes . the assessment shall disclose the methodologies , assumptions and relevant parameters that underpin its macroeconomic forecasts and stress tests as well as an ex post evaluation of the previous year baseline scenario .


### member states shall make public annually their medium - term fiscal plans in accordance with their medium - term budgetary framework based on independent macroeconomic forecast together with their stability programmes , no later than 15 april . ### member states shall make public annually their medium - term fiscal plans in accordance with their medium - term budgetary framework based on independent macroeconomic forecast as a framework encompassing their stability programmes , no later than 15 april .


### within the timeframe set by the commission recommendation referred to in paragraph 2 , the member state concerned shall report to the commission on measures adopted in response to this recommendation together with the reports provided for in article 7 . the report shall include the budgetary impact of all discretionary measures taken , targets for the government expenditure and revenues , information on the measures adopted and the nature of those envisaged to achieve the targets , as well as information on the other actions being taken in response to the commission recommendation . the report shall be made public . ### within the timeframe set by the commission recommendation referred to in paragraph 2 , the member state concerned shall report to the commission on measures adopted in response to this recommendation together with the reports provided for in article 7 . the report shall include the budgetary and redistributive impact of all discretionary measures taken , targets for the government expenditure and revenues , information on the measures adopted and the nature of those envisaged to achieve the targets referred to in article 5 , as well as information on the other actions being taken in response to the commission recommendation . the report shall be made public .


### the projections at unchanged policies for expenditure and revenue as a percentage of gdp for the general government and their main components . ; ### the projections at unchanged policies for expenditure and revenue as a percentage of gdp for the general government and their main components ; these projections should focus both on current expenditure and investment expenditure .


### not all member states have provided for criminal sanctions for some forms of serious breaches of national legislation implementing directive 2003 / 6 / ec . these different approaches undermine the uniformity of conditions of operation in the internal market and may provide an incentive for persons to carry out market abuse in member states which do not provide for criminal sanctions for these offences . in addition , until now there has been no union - wide understanding on which conduct is considered to be such a serious breach . therefore , minimum rules concerning the definition of criminal offences committed by natural and legal persons and of sanctions should be set . common minimum rules would make it also possible to use more effective methods of investigation and effective cooperation within and between member states . convictions for market abuse offences under criminal law often result in extensive media coverage , which helps to deter potential offenders , as it draws public attention to the commitment of competent authorities to tackling market abuse . ### not all member states have provided for criminal sanctions for some forms of serious breaches of national legislation implementing directive 2003 / 6 / ec . these different approaches undermine the uniformity of conditions of operation in the internal market and may provide an incentive for persons to carry out market abuse in member states which do not provide for criminal sanctions for these offences . in addition , until now there has been no union - wide understanding on which conduct is considered to be such a serious breach . therefore , minimum rules concerning the definition of criminal offences committed by natural and legal persons and of sanctions should be set . common minimum rules would make it also possible to use more effective methods of investigation and effective cooperation within and between member states . in light of the aftermath of the financial crisis , it has been evident that market manipulation has a potential for widespread damage on the lives of millions of people . the absence of harmonised criminal sanctions is rightly seen by citizens as creating an environment of impunity where market manipulators can thrive , taking advantage of a borderless market while operating from jurisdiction that are not prosecuting them or have deficient penal frameworks in dealing with these matters . in turn , this creates reasons for an increased societal perception of corruption , with its subsequent pernicious effects on the legitimacy of institutions . convictions for market abuse offences under criminal law often result in extensive media coverage , which helps to deter potential offenders , as it draws public attention to the commitment of competent authorities to tackling market abuse .


### six years after the date referred to in the second subparagraph of article 82 , all new vehicles in subcategories l6be and l7be shall be equipped with obd i . ### three years after the date referred to in the second subparagraph of article 82 , all new vehicles in subcategories l6be and l7be shall be equipped with obd i .


### manufacturers shall provide unrestricted access to vehicle repair and maintenance information to independent operators through websites using a standardised format in a readily accessible and prompt manner . in particular , this access shall be granted in a manner which is non - discriminatory compared to the access granted to authorised dealers and repairers . ### manufacturers shall provide unrestricted access to vehicle repair and maintenance information to independent operators through websites using a standardised format in a readily accessible and prompt manner . in particular , this information shall be made available in a manner which is non - discriminatory compared to the repair and maintenance information provided to authorised dealers and repairers .


### l - category vehicles shall be equipped with designated measures to prevent tampering of a vehicle ' s powertrain , to be laid down in a delegated act by means of a series of technical requirements and specifications with the aim : ### l - category vehicles , except cycles equipped with auxiliary electric propulsion in category l1e , shall be equipped with designated measures to prevent tampering of a vehicle ' s powertrain , to be laid down in a delegated act by means of a series of technical requirements and specifications with the aim :


### four years after the date referred to in the second subparagraph of article 82 , all new vehicles in subcategories l1be , l3e , l5e , l6ae and l7ae shall be equipped with the first stage of an on - board diagnostic system which monitors and reports on electric circuit continuity , shorted and open electric circuits and circuit rationality of the engine and vehicle management systems . ### two years after the date referred to in the second subparagraph of article 82 , all new vehicles in subcategories l1be , l3e , l5e , l6ae and l7ae shall be equipped with the first stage of an on - board diagnostic system which monitors and reports on electric circuit continuity , shorted and open electric circuits and circuit rationality of the engine and vehicle management systems . this requirement shall not apply to electrically - propelled vehicles and vehicles with auxiliary electric propulsion in subcategory l1be


### eight years after the date referred to in the second subparagraph of article 82 , all new vehicles shall be equipped with obd i . ### five years after the date referred to in the second subparagraph of article 82 , all new vehicles , except those in subcategory l1ae , electrically - propelled vehicles and vehicles with auxiliary electric propulsion in subcategory l1be , shall be equipped with obd i .


### the european parliament and the council shall have access to the information referred to in paragraph 1 . ### the european parliament and the council shall receive the information referred to in paragraph 1 as soon as such information is available .


### it must be represented , in at least one quarter of the member states , by members of the european parliament or in the national parliaments , regional parliaments or regional assemblies , or ### it must consist of member organisations that are legally recognised as national and / or regional parties in at least one quarter of the member states ,


### telecommunications networks and services are increasingly becoming internet - based infrastructures , with broadband networks and digital services closely interrelated . the internet is becoming the dominant platform for communication , services , and doing business . therefore , the trans - european availability of fast internet access and digital services in the public interest is essential for economic growth and the single market . ### telecommunications networks and services are increasingly becoming internet - based infrastructures , with broadband networks and digital services closely interrelated . the internet is becoming the dominant platform for communication , services , and doing business . therefore , the trans - european availability of fast internet access and digital services in the public interest is essential for economic growth , competitiveness , social inclusion and the single market .


### telecommunications networks and services are increasingly becoming internet - based infrastructures , with broadband networks and digital services closely interrelated . the internet is becoming the dominant platform for communication , services , and doing business . therefore , the trans - european availability of fast internet access and digital services in the public interest is essential for economic growth and the single market . ### telecommunications networks and services are increasingly becoming internet - based infrastructures , with broadband networks and digital services closely interrelated . the internet is becoming the dominant platform for communication , services , education , participating in the social and political life , and doing business . therefore , the trans - european availability of fast internet access and digital services in the public interest is essential for social and economic growth and the single market .


### actions funded from additional ring - fenced contributions provided in accordance with article 15 . 2 of regulation no xxxx / 2012 [ cef regulation ] shall bring significant new capabilities to the market in terms of broadband service availability , speeds and capacity . projects which provide speeds of data transmission of less than 30 mbps should ensure the increase of speeds to at least 30 mbps over time . ### actions funded from additional ring - fenced contributions provided in accordance with article 15 . 2 of regulation no xxxx / 2012 [ cef regulation ] shall bring significant new capabilities to the market in terms of broadband service availability , speeds and capacity . projects which provide speeds of data transmission of less than 100 mbps should ensure the increase of speeds to at least 100 mbps over time .


### telecommunications networks and services are increasingly becoming internet - based infrastructures , with broadband networks and digital services closely interrelated . the internet is becoming the dominant platform for communication , services , and business . therefore , the trans - european availability of fast internet access and digital services in the public interest is essential for economic growth and the single market . ### digital networks and services are increasingly becoming internet - based infrastructures , with broadband networks and digital services closely interrelated . the internet is becoming the dominant platform for communication , services , and business . therefore , the trans - european availability of fast internet access and digital services in the public interest is essential for economic growth and the single market .


### telecommunications networks and services are increasingly becoming internet - based infrastructures , with broadband networks and digital services closely interrelated . the internet is becoming the dominant platform for communication , services , and doing business . therefore , the trans - european availability of fast internet access and digital services in the public interest is essential for economic growth and the single market . ### digital networks and services are increasingly becoming internet - based infrastructures , with broadband networks and digital services closely interrelated . the internet is becoming the dominant platform for communication , services , education , participating in social and political life , and business . therefore , the trans - european availability of widespread , fast , secure internet access and digital services in the public interest is essential for social and economic growth , competitiveness , social inclusion and the single market .


### deploy state of the art technology and / or be based on innovative business models , and have a high potential for replicability . ### propose the best balance between state of the art technologies in terms of data flow capacity , transmission security , network resilience , and cost efficiency .


### ' telecommunications networks ' means broadband networks and digital service infrastructures . ### ' digital networks ' means broadband networks and digital service infrastructures .


### the expert group may also consider any other issue relating to the development of the trans - european telecommunications networks . ### the expert group may also consider any other issue relating to the development of the trans - european digital networks .


### where the amounts due to rightholders cannot be distributed , after five years from the end of the financial year in which the collection of the rights revenue occurred , and provided that the collecting society has taken all necessary measures to identify and locate the rightholders , the collecting society shall decide on the use of the amounts concerned in accordance with article 7 , without prejudice to the right of the rightholder to claim such amounts from the collecting society . ### where the amounts due to rightholders cannot be distributed , after three years from the end of the financial year in which the collection of the rights revenue occurred , and provided that the collecting society has taken all necessary measures to identify and locate the rightholders , the collecting society shall decide on the use of the amounts concerned in accordance with article 7 , without prejudice to the right of the rightholder to claim such amounts from the collecting society .


### the management fee for the service provided by the requested collecting society to the requesting society shall not exceed the costs reasonably incurred by the requested collecting society in managing the repertoire of the requesting collecting society and a reasonable profit margin . ### the management fee for the service provided by the requested collective management organisation to the requesting organisation shall not exceed the costs reasonably incurred by the requested collective management organisation in managing the repertoire of the requesting organisation and a reasonable profit margin economically viable for all parties involved .


### member states shall ensure that a collecting society makes public the following information : ### member states shall ensure that a collective management organisation makes public the following information preferably through publicly accessible and searchable interfaces :


### member states shall ensure that a collecting society makes the following information available at the request of any rightholder whose rights it represents , any collecting society on whose behalf it manages rights under a representation agreement or any user , by electronic means , without undue delay : ### member states shall ensure that a collective management organisation makes the following information available to any rightholder whose rights it represents , any collecting society on whose behalf it manages rights under a representation agreement or any user , by electronic means , without undue delay :


### rightholders shall have the right to authorise a collecting society of their choice to manage the rights , categories of rights or types of works and other subject matter of their choice , for the member states of their choice , irrespective of the member state of residence or of establishment or the nationality of either the collecting society or the rightholder . ### rightholders shall have the right to authorise a collective management organisation of their choice to manage the rights , categories of rights or types of works and other subject matter of their choice , for the member states of their choice , irrespective of the member state of residence or of establishment or the nationality of either the collective management organisation or the rightholder . collective management organisations shall have the right to require the exclusive assignment of the rights in all works of their members .


### member states shall ensure that the collecting society regularly and diligently distributes and pays amounts due to all rightholders it represents . the collecting society shall carry out such distribution and payments no later than 12 months from the end of the financial year in which the rights revenue was collected , unless objective reasons related in particular to reporting by users , the identification of rights , rightholders or to the matching of information on works and other subject matter with rightholders prevent the collecting society from respecting this deadline . the collecting society shall carry out such distribution and payments accurately , ensuring equal treatment of all categories of rightholders . ### member states shall ensure that the collecting society regularly and diligently distributes and pays amounts due to all rightholders it represents . the collecting society shall carry out such distribution and payments without undue delay and no later than 6 months from the end of the financial year in which the rights revenue was collected , unless objective reasons related in particular to reporting by users , the identification of rights , rightholders or to the matching of information on works and other subject matter with rightholders prevent the collecting society from respecting this deadline . the collecting society shall carry out such distribution and payments accurately , ensuring equal treatment of all categories of rightholders .


### where the amounts due to rightholders cannot be distributed , after five years from the end of the financial year in which the collection of the rights revenue occurred , and provided that the collecting society has taken all necessary measures to identify and locate the rightholders , the collecting society shall decide on the use of the amounts concerned in accordance with article 7 , without prejudice to the right of the rightholder to claim such amounts from the collecting society . ### where the amounts due to rightholders cannot be distributed , after three years from the end of the financial year in which the collection of the rights revenue occurred , because the collective management organisation failed to identify and locate the rightholders , the money shall be paid to a fund set up and managed for this purpose by the member state in which the money is collected . the fund is thereafter responsible for any claims from reappearing rightholders .


### members should be allowed to take part in monitoring the management of collecting societies . to this end , collecting societies should establish a supervisory function appropriate to their organisational structure and allow members to be represented in the body that exercises this function . to avoid imposing excessive burden on smaller collecting societies and to make the obligations arising from this directive proportionate , member states should be able to , if they consider this to be necessary , exclude the smallest collecting societies from having to organise such a supervisory function . ### members should be allowed to take part in monitoring the management of collective management organisations . to this end , collective management organisations should establish a supervisory function appropriate to their organisational structure and allow members , representing different categories of rightholders , to be represented in the body that exercises this function .


### the management fee for the service provided by the requested collecting society to the requesting society shall not exceed the costs reasonably incurred by the requested collecting society in managing the repertoire of the requesting collecting society and a reasonable profit margin . ### the management fee for the service provided by the requested collective management society to the requesting organisation shall not exceed the costs reasonably incurred by the requested collective management organisation in managing the repertoire of the requesting collecting society and a reasonable profit margin .


### member states shall provide that their respective competent authorities may take appropriate administrative sanctions and measures where the provisions of the national provisions adopted in the implementation of this directive have not been complied with , and shall ensure that they are applied . the sanctions and measures shall be effective , proportionate and dissuasive . ### member states shall ensure that their respective competent authorities impose appropriate administrative sanctions and measures , or , alternatively , designate appropriate bodies , where the provisions of the national provisions adopted in the implementation of this directive have not been complied with , and shall ensure that they are applied . the sanctions and measures shall be effective , proportionate and dissuasive .


### members should be allowed to take part in monitoring the management of collecting societies . to this end , collecting societies should establish a supervisory function appropriate to their organisational structure and allow members to be represented in the body that exercises this function . to avoid imposing excessive burden on smaller collecting societies and to make the obligations arising from this directive proportionate , member states should be able to , if they consider this to be necessary , exclude the smallest collecting societies from having to organise such a supervisory function . ### members should be allowed to take part in monitoring the management of collective management organisations . to this end , collective management organisations should establish a supervisory function appropriate to their organisational structure and allow the different categories of members to be represented in fair and balanced manner in the body that exercises this function . to avoid imposing excessive burden on smaller collecting societies and to make the obligations arising from this directive proportionate , member states should be able to , if they consider this to be necessary , exclude the smallest collecting societies from having to organise such a supervisory function .


### in addition , a collecting society shall make available at the request of any rightholder or any collecting society , any information on works for which one or more rightholders have not been identified including , where available , the title of the work , the name of the author , the name of the publisher and any other relevant information available which could be necessary to identify the rightholders . ### in addition , a collective management organisation shall make available to any rightholder or any collective management organisation , any information on works for which one or more rightholders have not been identified including , where available , the title of the work , the name of the author , the name of the publisher and any other relevant information available which could be necessary to identify the rightholders .


### the requirements under this title shall not apply to collecting societies which grant , on the basis of the voluntary aggregation of the required rights , in compliance with the competition rules under articles 101 and 102 tfeu , a multi - territorial licence for the online rights in musical works required by a broadcaster to communicate or make available to the public its radio or television programmes simultaneously with or after their initial broadcast as well as any online material produced by the broadcaster which is ancillary to the initial broadcast of its radio or television programme . ### the requirements under this title shall not apply to collecting societies which grant , on the basis of the voluntary aggregation of the required rights , in compliance with the competition rules under articles 101 and 102 tfeu , a multi - territorial licence for the online rights in musical works required by a broadcaster to communicate or make available to the public its radio or television programmes before , simultaneously with or after their initial broadcast as well as any online material produced by the broadcaster which is ancillary to the initial broadcast of its radio or television programme .


### a valid work contract or , as provided for in national law , a binding job offer to work as a seasonal worker in the member state concerned with an employer established in the member state that specifies the rate of pay and the working hours per week or month and , when applicable , other relevant working conditions ; ### a valid work contract or , as provided for in national law , a binding job offer to work as a seasonal worker in the member state concerned with an employer established in the member state that specifies , in the language of the applicant and the employer , the rate of pay and the working hours per week or month and , when applicable , other relevant working conditions ;


### handling unwanted catches of commercial stocks ; ### handling unwanted or unauthorised catches ;


### all fishery products landed , including those not complying with marketing standards , may be , under the responsibility of the member states , distributed free of charge to philanthropic or charitable institutions established in the union or to persons who are recognised by the legislation of the member state concerned as being entitled to public assistance . ### all fishery products landed , including those not complying with marketing standards , may be , under the responsibility of the member states , used as bait as well as for fish meal and oil . proceeds from the sale of such products shall , in their entirety , be placed in a national fund and used for control and surveillance , data collection and scientific research .


### the producer organisation is considered to be representative of production and marketing in one member state and makes an application to the competent national authorities ; ### the producer organisation is considered to be representative of production and marketing , including , where relevant , the small scale and artisanal sector , in one member state and makes an application to the competent national authorities ;


### the common market organisation shall apply to the fishery and aquaculture products listed in annex i to this regulation , which are marketed in the union . ### the common market organisation shall apply to the fishery and aquaculture products listed in annex i to this regulation , which are produced or marketed in the union .


### ' proceeds ' means any economic advantage derived from a criminal offence ; it may consist of any form of property and includes any subsequent reinvestment or transformation of direct proceeds by a suspected or accused person and any valuable benefits ; ### ' proceeds ' means any direct economic advantage derived from a criminal offence ; it may consist of any form of property and includes any subsequent reinvestment or transformation of direct proceeds by a suspected or accused person and any valuable benefits ;


### each member state shall adopt the necessary measures to enable it to confiscate , either wholly or in part , property belonging to a person convicted of a criminal offence where , based on specific facts , a court finds it substantially more probable that the property in question has been derived by the convicted person from similar criminal activities than from other activities . ### each member state shall adopt the necessary measures to enable it to confiscate , either wholly or in part , property belonging to a person convicted of a criminal offence where , based on specific facts and after full utilization of all evidence a court is convinced that the property in question has been derived by the convicted person from similar criminal activities than from other activities .


### the confiscation of proceeds or property referred to in paragraph 1 shall be possible where the property is subject to restitution or where ### the confiscation of proceeds or property referred to in paragraph 1 shall be possible where


### property frozen with a view to later confiscation should be managed adequately in order not to lose its economic value . member states should take the necessary measures including sale or transfer of the property to minimise such losses . member states should take relevant measures , such as the establishment of national centralised asset management offices or equivalent mechanisms , in order to properly manage the assets frozen before confiscation and preserve their value , pending judicial determination . ### property frozen with a view to later confiscation should be managed adequately in order not to lose its economic value , to encourage its social reuse and to avoid the risk of further criminal infiltration . towards that end it would be useful to consider the formation of a european fund that will concentrate a fraction of the confiscated assets from member states . such fund should then be open to pilot projects by european citizens , associations , coalitions of ngos and any other organization of civic society , to encourage the effective social reuse of the confiscated assets and to expand the democratic functions of the european union . member states should take the necessary measures including sale or transfer of the property to minimise such losses and to favour the social aims . member states should take relevant measures , such as the establishment of national centralised asset management offices or equivalent mechanisms , in order to properly manage the assets frozen before confiscation and preserve their value , pending judicial determination .


### informed consent shall be written , dated and signed and given freely by the subject or his or her legal representative after having been duly informed of the nature , significance , implications and risks of the clinical trial . it shall be appropriately documented . where the subject is unable to write , oral consent in the presence of at least one impartial witness may be given in exceptional cases . the subject or his or her legal representative shall be provided with a copy of the document by which informed consent has been given . ### informed consent shall be written , dated and signed and given freely by the subject or his or her legal representative after having been comprehensively informed of the nature , duration , significance , implications and risks of the clinical trial , including whether the clinical trial has to be discontinued , the eventual treatment alternatives , and any other information , as provided for in national legislation . information shall also be given orally with the opportunity to ask questions , and the subject shall be provided with comprehensive information in writing which he or she is allowed to keep . adequate time shall be given to the subject to consider his or her decision . the information provided and the informed consent shall be appropriately documented . where the subject is unable to write , oral consent in the presence of at least one impartial witness , trustful for the subject , may be given in exceptional cases . the subject or his or her legal representative shall be provided with a copy of the document by which informed consent has been given . the following information shall systematically be indicated on the document by which informed consent is given : the trial registration number in the eu portal , and b . a statement that the results will be made available in the eu portal within one year after completion of the trial , together with the indication of the approximate date .


### within one year from the end of a clinical trial , the sponsor shall submit to the eu database a summary of the results of the clinical trial . however , where , for scientific reasons , it is not possible to submit a summary of the results within one year , the summary of results shall be submitted as soon as it is available . in this case , the protocol shall specify when the results are going to be submitted , together with an explanation . ### within one year from the end of a clinical trial , the sponsor shall submit to the eu database the clinical study report , including a lay summary of the clinical trial . however , where , for scientific reasons , it is not possible to submit the clinical study report within one year , it shall be submitted as soon as it is available . in this case , the protocol shall specify when the results are going to be submitted , together with an explanation .


### ‘ non - interventional study’ : a clinical study other than a clinical trial ; ### ‘ non - interventional study’ : a study where the medicinal products are prescribed in the usual manner in accordance with the terms of the marketing authorisation and where the assignment of the patient to a particular therapeutic strategy falls within current practice and is not decided in advance by a trial protocol ; the prescription of the medicine is clearly separated from the decision to include the patient in the study .


### the explicit wish of a minor who is capable of forming an opinion and assessing this information to refuse participation in , or to be withdrawn from , the clinical trial at any time , is duly taken into consideration by the investigator in accordance with his or her age and maturity ; ### the explicit wish of a minor who is capable of forming an opinion and assessing this information to refuse participation in , or to be withdrawn from , the clinical trial at any time , is duly taken into consideration by the investigator


### until the assessment date , any member state concerned may communicate to the reporting member state any considerations relevant to the application . the reporting member state shall take those considerations duly into account . ### until the assessment date , any member state concerned may communicate to the reporting member state any considerations relevant to the application . the reporting member state shall take those considerations duly into account and shall document them in the assessment report .


### within four days following submission of the application dossier , the reporting member state shall notify the sponsor through the eu portal of the following : ### within ten days following submission of the application dossier , the reporting member state shall notify the sponsor through the eu portal of the following :


### the eu database shall be publicly accessible unless , for all or parts of the data and information contained therein , confidentiality is justified on any of the following grounds : ### the eu database shall be publicly accessible .


### the sponsor shall propose one of the member states concerned as reporting member state . ### the member states concerned shall determine which state shall be the reporting member state according to an established procedure based on objective criteria which are set by the commission .


### ‘ substantial modification’ : any change to any aspect of the clinical trial which is made after notification of the decision referred to in articles 8 , 14 , 19 , 20 and 23 and which is likely to have a substantial impact on the safety or rights of the subjects or on the reliability and robustness of the data generated in the clinical trial ; ### ‘ substantial modification’ : any change to any aspect of the clinical trial , including a change in number of subjects participating in the trial , which is made after notification of the decision referred to in articles 8 , 14 , 19 , 20 and 23 and which could have a substantial impact on the safety or rights of the subjects or on the reliability and robustness of the data generated in the clinical trial or could change the interpretation of the scientific documents used to support the conduct of the trial , or any other change to any aspect of the clinical trial that is otherwise significant .


### a substantial modification may only be implemented if it has been approved in accordance with the procedure set out in this chapter . ### a substantial modification may only be implemented if it has been approved in accordance with the procedure set out in this chapter and if it has previously been approved by an ethics committee .


### ‘ substantial modification’ : any change to any aspect of the clinical trial which is made after notification of the decision referred to in articles 8 , 14 , 19 , 20 and 23 and which is likely to have a substantial impact on the safety or rights of the subjects or on the reliability and robustness of the data generated in the clinical trial ; ### ‘ substantial modification’ : any change to any aspect of the clinical trial , including early termination of the trial and change in number of subjects participating in the trial , which is made after notification of the decision referred to in articles 8 , 14 , 19 , 20 and 23 and which could have a substantial impact on the safety or rights of the subjects , or on the reliability and robustness of the data generated in the clinical trial , e . g . change the interpretation of the scientific documents used to support the conduct of the trial , or if the modifications are otherwise significant .


### within 10 days from the validation date for low - intervention clinical trials ; ### within 25 days , but no earlier than 15 days after receipt of the successfully validated application , for low - intervention clinical trials ;


### for clinical trials other than low - intervention clinical trials , the sponsor shall ensure that compensation in accordance with the applicable laws on liability of the sponsor and the investigator is provided for any damage suffered by the subject . this damage compensation shall be provided independently of the financial capacity of the sponsor and the investigator . ### for all clinical trials the sponsor shall ensure that compensation in accordance with the applicable laws on liability of the sponsor and the investigator is provided for any damage suffered by the subject . this damage compensation shall be provided independently of the financial capacity of the sponsor and the investigator .


### the commission may conduct inspections where it considers necessary . ### the commission may conduct inspections where it considers necessary . a summary of the commission ' s inspection report shall be made publicly available in the eu database .


### within 25 days from the validation date for clinical trials other than low - intervention clinical trials ; ### within 35 days but no earlier than 20 days after receipt of the successfully validated application for clinical trials other than low - intervention clinical trials ;


### ‘ sponsor’ : an individual , company , institution or organisation which takes responsibility for the initiation and management of the clinical trial ; ### ‘ sponsor’ : an individual , company , institution or organisation which takes responsibility for the initiation , management and / or financing of the clinical trial ;


### each member state concerned shall assess , for its territory , the aspects of the substantial modification which are covered by part ii of the assessment report within ten days from the validation date . ### each member state concerned shall assess , for its territory , the aspects of the substantial modification which are covered by part ii of the assessment report within ten days from the validation date according to the procedure referred to in article 7 .


### the european medicines agency established by regulation no 726 / 2004 shall set up and maintain an electronic database for the reporting provided for in articles 38 and 39 . ### the european medicines agency established by regulation no 726 / 2004 shall set up and maintain an electronic database for the reporting provided for in articles 38 and 39 , which shall be publicly accessible .


### a positive evaluation of the strategic phase carried out by the commission with the assistance of independent experts ; this evaluation shall cover the progress made towards the achievement of objectives and deliverables set out in article 2 and annex i ; ### the outcomes of the strategic phase described in article 2 , as well as the progress made towards the achievement of objectives and deliverables set out in annex i , section 2 ;


### the implementation phase shall last for a minimum of five years . during the implementation phase at least three calls for proposals shall be published with a view to funding projects which address the objectives of the bonus - 169 . these calls shall be targeted at multi - partner and trans - national projects , and include research , technological development , training and dissemination activities . projects shall be selected according to the principles of equal treatment , transparency , independent evaluation , co - financing , no - profit , financing not cumulated with other community sources , as well as the principle of non - retroactivity ### the implementation phase shall last for a minimum of five years . during the implementation phase at least three calls for proposals shall be published with a view to funding projects which address the objectives of the bonus - 169 . these calls shall be targeted at multi - partner and transnational projects , and include research , technological development , training and dissemination activities . projects shall be selected according to the principles of equal treatment , transparency , independent evaluation , no - profit , and financing not cumulated with other union sources , as well as the principle of non - retroactivity .


### a positive evaluation of the strategic phase carried out by the commission with the assistance of independent experts ; this evaluation shall cover the progress made towards the achievement of objectives and deliverables set out in article 2 and annex i ; ### the outcomes of the strategic phase described in article 2 ; as well as the progress made towards the achievement of objectives and deliverables set out in annex i , section 2 ;


### the community financial contribution for the implementation phase shall be provided under the following conditions : ### the commission shall before the end of the strategic phase assess the following :


### the implementation phase shall last for a minimum of five years . during the implementation phase at least three calls for proposals shall be published with a view to funding projects which address the objectives of the bonus - 169 . these calls shall be targeted at multi - partner and trans - national projects , and include research , technological development , training and dissemination activities . projects shall be selected according to the principles of equal treatment , transparency , independent evaluation , co - financing , no - profit , financing not cumulated with other community sources , as well as the principle of non - retroactivity . ### the implementation phase shall last for a minimum of five years . during the implementation phase at least three calls for tender for research contracts shall be published with a view to funding projects which address the necessary scientific objectives . these calls shall be targeted at multi - partner and transnational projects ; at least two states from the south - east of the baltic sea region must participate in each project . the projects in question shall include research , technological development , training and dissemination activities . projects shall be selected in keeping with the main objectives of the strategic part , proceeding from the principles of equal treatment , transparency , independent evaluation by experts from all participating states , co - financing , no - profit , and financing not cumulated with other community sources , as well as the principle of non - retroactivity .


### at the end of the strategic phase , the commission , assisted by independent expert should evaluate the maturity and the readiness of the initiative to enter the implementation phase . ### at the end of the strategic phase , the commission should verify that the strategic research agenda , stakeholder consultation platforms and implementation modalities are in place for the initiative to enter the implementation phase . the commission should , if appropriate , make recommendations for improving the strategic research agenda . the transition to the implementation phase should be seamless and without delays .


### in order to ensure adequate transparency to the market of their remuneration structures and the associated risk , credit institutions and investments forms should disclose information on their remuneration policies and practices for those staff whose professional activities have a material impact on the risk profile of the institution . however , this obligation should be without prejudice to directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with the regard to the processing of personal data and the free movement of such data . ### in order to ensure adequate transparency to the market of their remuneration structures and the associated risk , credit institutions and investments forms should disclose detailed information on their remuneration policies , practices and , for reasons of confidentiality , aggregated amounts for those members of staff whose professional activities have a material impact on the risk profile of the institution . that information should be available to all stakeholders . however , this obligation should be without prejudice to directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with the regard to the processing of personal data and the free movement of such data . the european workers councils should be respected in regard to the right of information and consultation of employees .


### fixed and variable components of total remuneration are appropriately balanced ; the fixed component represents a sufficiently high proportion of the total remuneration to allow the operation of a fully flexible bonus policy , including the possibility to pay no bonus ; ### fixed and variable components of total remuneration are appropriately balanced ; the fixed component represents a sufficiently high proportion of the total remuneration to allow the operation of a restrictive policy on variable remuneration components , including the possibility of paying no variable remuneration component ;


### in order to ensure adequate transparency to the market of their remuneration structures and the associated risk , credit institutions and investment firms should disclose information on their remuneration policies and practices for those staff whose professional activities have a material impact on the risk profile of the institution . however , this obligation should be without prejudice to directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with the regard to the processing of personal data and the free movement of such data . ### in order to ensure adequate transparency to the market of their remuneration structures and the associated risk , credit institutions and investment firms should disclose detailed information on their remuneration policies and practices and the amounts of remuneration for those members of staff and managers whose professional activities have a significant impact on the risk profile of the institution . that information should be available to all stakeholders . however , this obligation should be without prejudice to directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with the regard to the processing of personal data and the free movement of such data . the right of employees to be informed and consulted should be respected through the involvement of the european works councils . failure to observe this undertaking should be penalised in a sufficient , proportionate and deterrent manner .


### the financial envelope for the implementation of the connecting europe facility for the period 2014 to 2020 shall be eur 50 000 000 0001 . that amount shall be distributed among the sectors referred to in article 3 as follows : transport : eur 31 694 000 000 , out of which eur 10 000 000 000 shall be transferred from the cohesion fund to be spent in line with this regulation in member states eligible for funding from the cohesion fund ; energy : eur 9 121 000 000 ; telecommunications : eur 9 185 000 000 . __________________ 1all figures in constant 2011 prices . the corresponding amounts , expressed in current prices , can be found in the legislative financial statement . ### the estimated investment requirement for trans - european networks in the transport , energy and telecommunications sectors for the period up to 2020 is eur&#160 ; 970&#160 ; 000&#160 ; 000&#160 ; 000 . the financial envelope for the implementation of the connecting europe facility for the period 2014 to 2020 shall be [ eur 50 000 000 000 ] 1 . that amount shall be distributed among the sectors referred to in article 3 as follows : transport : [ eur 31 694 000 000 ] , out of which [ eur 10 000 000 000 ] shall be transferred from the cohesion fund to be spent in line with this regulation in member states eligible for funding from the cohesion fund ; energy : [ eur 9 121 000 000 ] ; telecommunications : [ eur 9 185 000 000 ] . __________________ 1 pending agreement on the multiannual financial framework for the period 2014 - 2020 . all figures in constant 2011 prices . the corresponding amounts , expressed in current prices , can be found in the legislative financial statement .


### as regards the eur 10 000 000 000 transferred from the cohesion fund [ regulation xxx article xx ] to be spent in member states eligible for funding from the cohesion fund , specific calls shall be launched for projects implementing the core network exclusively in member states eligible for funding from the cohesion fund . ### as regards the [ eur 10 000 000 000 ] transferred from the cohesion fund [ regulation xxx article xx ] to be spent exclusively in member states eligible for funding from the cohesion fund , specific calls shall be launched for projects implementing the core network exclusively in member states eligible for funding from the cohesion fund .


### helsinki – tallinn – riga – kaunas – warszawa – katowice gdynia – katowice katowice – ostrava – brno – wien katowice – žilina – bratislava – wien wien – graz – klagenfurt – villach – udine – venezia – bologna – ravenna ### helsinki – tallinn – riga – kaunas – warszawa – katowice gdynia – katowice katowice – ostrava – wien katowice – žilina – bratislava – wien wien – sopron - szombathely - koprivnica - zagreb - rijeka / koper


### accelerating the deployment of fast and ultrafast broadband networks and their uptake , including by small and medium sized enterprises , to be measured by the level of broadband and ultrafast broadband coverage and the number of households having subscribed for broadband connections for above 100 mbps ; ### accelerating the deployment of fast and ultrafast broadband networks and their uptake , including by small and medium sized enterprises , by ensuring that by 2020 all europeans have access to 100 mbps and 50% of eu households have access to 1 gbits or more ;


### the commission has committed to mainstream climate change into union spending programmes and to direct at least 20% of the union budget to climate - related objectives . it is important to ensure that climate change mitigation and adaptation as well as risk prevention and management are promoted in the preparation , design and implementation of projects of common interest . infrastructure investments covered by this regulation should contribute to promoting the transition to a low - carbon and climate - and disaster - resilient economy and society . ### taking into account the overall environmental impact of european policies is a priority , and the union has committed to direct at least 20% of the union budget to climate - related objectives . it is important to ensure that environmental impacts are fully assessed and that prevention and management are promoted in the preparation , design and implementation of projects of common interest . infrastructure investments covered by this regulation should contribute to promoting the transition to an economy and society which respect the environment as a whole and which are socially sustainable .


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


### actions to reduce rail freight noise by retrofitting of existing rolling stock ; ### actions to reduce rail freight noise at the source by retrofitting of existing rolling stock ;


### grant funding for projects with significant user - based revenue sources shall be primarily available for purposes of project preparation , in particular ppp assessment . ### the ' user pays ' and ' polluter pays ' principles shall be applied . grant funding for projects with potential for user - based revenues sources shall be primarily available for purposes of project preparation , in particular ppp assessment . projects for which union law foresees mandatory charging shall not be put at a disadvantage with regard to grant funding compared to projects for which no mandatory charging rules apply .


### contribute to smart , sustainable and inclusive growth by developing modern and high performing trans - european networks , thus bringing forward benefits for the entire european union in terms of competitiveness and economic , social and territorial cohesion within the single market and creating an environment more conducive to private and public investment through a combination of financial instruments and union direct support and by exploiting synergies across the sectors . the achievement of this objective will be measured by the volume of public and private investment in projects of common interest , and in particular the volume of public and private investments in projects of common interest realised through the financial instruments under this regulation . ### contribute to smart , sustainable and inclusive development of modern and high performing trans - european networks , thus bringing forward benefits for the entire european union in terms of minimising external costs , improving competitiveness and economic , social and territorial cohesion within the single market and creating an environment more conducive to private and public investment through a combination of financial instruments , such as using revenues from the application of the polluter pays principle , union direct support and by exploiting synergies across the sectors . the achievement of this objective will be measured by the volume of public and private investment in projects of common interest , and in particular the volume of public and private investments in projects of common interest realised through the financial instruments under this regulation as well as the corresponding share of risks , profits and losses between the public and private investors .


### promoting the further integration of the internal energy market and the interoperability of electricity and gas networks across borders , including by ensuring that no member state is isolated from the european network , to be measured by the number of projects effectively interconnecting member states ' networks and removing internal bottlenecks ; ### promoting the further integration of the internal energy market and the interoperability of electricity networks , including by ensuring the development of smart grids , the further uptake of renewable energy sources and that no member state is isolated from the european network ,


### ensuring sustainable and efficient transport in the long run , to be measured by the length of the conventional railway network in the eu - 27 and the length of high - speed railway network in the eu - 27 ; ### ensuring sustainable and efficient transport in the short and long run , to be measured by the modal share of rail transport as well as the length and state of the conventional railway network in the eu - 27 . the length of the high - speed railway network may be taken into account where these lines are part of a network - wide concept for improved railway services .


### as regards the eur 10 000 000 000 transferred from the cohesion fund [ regulation xxx article xx ] to be spent in member states eligible for funding from the cohesion fund , specific calls shall be launched for projects implementing the core network exclusively in member states eligible for funding from the cohesion fund . ### as regards the [ eur 10 000 000 000 ] transferred from the cohesion fund [ regulation xxx article xx ] to be spent in member states eligible for funding from the cohesion fund , financial envelopes shall be proposed by the commission for member states eligible for funding from the cohesion fund .


### ‘ cross - border section’ means the section , which ensures the continuity of a project of common interest between at least two member states or between a member state and a neighbouring country ; ### ‘ cross - border section’ means the connection between the nearest nodes on both sides of the border ;


### telecommunications are increasingly becoming internet - based infrastructures , with broadband networks and digital services closely interrelated . the internet is becoming the dominant platform for communication , offering services , and doing business . therefore the trans - european availability of fast internet access and digital services is essential for economic growth and the single market . ### telecommunications are increasingly becoming internet - based infrastructures , with broadband networks infrastructure catalysing the use of digital services for a large part of useful society activities . the internet is becoming the dominant platform for communication , social and cultural cohesion , and doing business . therefore the trans - european availability of fast internet access and digital services is essential for economic growth and the single market .


### enable the union to achieve its targets of a 20% reduction of greenhouse gas emissions , a 20% increase in energy efficiency and raising the share of renewable energy to 20% up to 2020 , while ensuring greater solidarity among member states . ### enable the union to achieve its targets of a 20% reduction of greenhouse gas emissions , a 20% increase in energy efficiency and raising the share of renewable energy to 20% up to 2020 , while ensuring greater solidarity among member states , in investing into energy efficiency , renewable energy and smart transmission and distribution electricity networks .


### actions in the field of broadband networks : the amount of union financial aid shall not exceed 50% of the eligible cost ; ### actions in the field of broadband networks : the amount of union financial aid shall be proportionate and reasonable in relation to the exclusivity period granted to the co - investing private actor on operating and providing services over the network ; in general , peering and local - loop unbundling should be mandatory in all cases from the termination of the construction of the network where union financial aid or other public funding exceeds 50% of the eligible costs of the project ;


### enable the union to achieve its targets of a 20% reduction of greenhouse gas emissions , a 20% increase in energy efficiency and raising the share of renewable energy to 20% up to 2020 , while ensuring greater solidarity among member states . ### enable the union to achieve its sustainable development targets , including a 20% reduction of greenhouse gas emissions , a 20% increase in energy efficiency and raising the share of renewable energy to 20% up to 2020 , while ensuring greater solidarity among member states .


### mid - term and ex - post evaluations should be carried out by the commission in order to assess the effectiveness and efficiency of the funding and its impact on the overall goals of the facility and the europe 2020 strategy ' s priorities . ### mid - term and ex - post evaluations should be carried out by the commission in order to assess the effectiveness and efficiency of the funding and its impact on the overall goals of the facility and the europe 2020 strategy ' s priorities . these evaluations should be communicated to the european parliament , the council , the european economic and social committee and the committee of the regions .


### co - financing rates mentioned above may be increased by up to 10 percentage points for actions having cross - sector synergies , reaching climate mitigation objectives , enhancing climate resilience or reducing the greenhouse gas emissions . this increase should not apply to co - financing rates referred to in article 11 . ### co - financing rates mentioned above may be increased by up to 10 percentage points for actions having cross - sector synergies , demonstrating a measurable contribution to climate mitigation objectives and enhancing climate resilience or reducing the greenhouse gas emissions compared to 1990 levels . the commission shall develop , no later than 1 august 2013 , a methodology for the assessment and the eligibility criteria for these increased co - funding rates . this increase should not apply to co - financing rates referred to in article 11 .


### enhancing union security of supply , to be measured by the evolution of system resilience and security of system operations as well as number of projects allowing diversification of supply sources , supplying counterparts and routes ; ### enhancing union energy independency , to be measured by the evolution of the deployment of smart grids , the optimal utilisation of energy infrastructure assets leading to an increased energy efficiency and integration of distributed renewable energy sources ;


### in the field of energy , the specific eligibility conditions of actions implementing projects of common interest for union financial aid in the form of financial instruments and grants under this regulation are set out in article 15 of regulation no xxxx / 2012 [ guidelines for trans - european energy infrastructure ] . ### in the field of energy , the specific eligibility conditions of actions implementing projects of common interest for union financial support in the form of financial instruments and grants under this regulation are as follows : projects of common interest falling within the categories set out in points 1 and 2 of annex ii to regulation no xxxx / 2012 [ energy infrastructure guidelines ] are eligible for union financial support in the form of grants for studies ; projects of common interest falling within the categories set out in points 1 and 2 of annex ii to regulation no xxxx / 2012 [ energy infrastructure guidelines ] which according to the business plan and other assessments carried out , notably by potential investors or creditors , are commercially viable but just below the risk rating that would lead to an investment decision are eligible for union financial support in the form of financial instruments for works ; projects of common interest falling within the categories set out in points 1 to and point 2 of annex ii to regulation no xxxx / 2012 [ energy infrastructure guidelines ] shall be eligible for union financial support in the form of grants for works if they fulfil all of the following criteria : the project is commercially not viable according to the business plan and other assessments carried out , notably by potential investors or creditors . the decision on incentives and its justification referred to in article 14 of regulation no xxxx / 2012 [ energy infrastructure guidelines ] shall be taken into account when assessing the project ' s commercial viability ; the project has received a cross - border cost allocation decision pursuant to article 13 of regulation no xxxx / 2012 [ energy infrastructure guidelines ] or , for projects that have received an exemption pursuant to article 36 of directive 2009 / 73 / ec or article 17 of regulation no 714 / 2009 , an opinion from the competent national regulatory authorities and the agency on the commercial viability of the project ; the project specific cost - benefit analysis pursuant to article 13 of regulation no xxxx / 2012 [ energy infrastructure guidelines ] provides evidence concerning the existence of at least one of the following significant positive externalities : - projects promoting the further integration of the internal energy market and the interoperability of electricity and gas networks across borders through interconnection of member states ' networks and removal of internal constraints , through enhancing cross - border transmission power in relation to installed energy generation capacity or through increased demand coverage between member states by reverse flow interconnectors for gas ; - projects that enhance the security of energy supply and / or solidarity by diversification of supply sources , supplying counter parts and routes , increasing storage capacity , prevention or reduction of disruptions , avoiding spillage of renewable energy due to a lack of cross - border connections or by reducing or eliminating member states ' energy isolation by connecting these markets with more diversified supply sources and / or by installing reverse flow interconnectors for gas ; - projects contributing to sustainable development and protection of the environment by ensuring transmission of renewable electricity from generation to major consumption centres and storage sites ; projects of common interest falling within the categories set out in points 1 of annex ii to regulation no xxxx / 2012 [ energy infrastructure guidelines ] shall be eligible for union financial support in the form of grants for works if they are not commercially viable in accordance with point of point c of this article and can prove at least one of the positive externalities under point of point c of this article .


### in the field of energy , the specific eligibility conditions of actions implementing projects of common interest for union financial aid in the form of financial instruments and grants under this regulation are set out in article 15 of regulation no xxxx / 2012 [ guidelines for trans - european energy infrastructure ] . ### in the field of energy , the specific eligibility conditions of actions implementing projects of common interest for union financial aid in the form of financial instruments under this regulation are projects of common interest falling within the categories set out in points 1 to of annex ii to and within the priority areas set out in points 4 and of annex i to regulation no xxxx / 2012 [ energy infrastructure guidelines ] , which contribute to innovative solutions and protection of the environment namely projects on energy efficiency , renewable energy and smart electricity networks .


### traffic management systems , freight transport services , secure parkings on the road core network , as well as actions to support the development of motorways of the seas : the amount of union financial aid shall not exceed 20% of the eligible cost . ### traffic management systems , freight transport services , as well as actions to support the development of motorways of the seas : the amount of union financial aid shall not exceed 20% of the eligible cost .


### they may not receive funding under this regulation , except where it is indispensable to achieve the objectives of a given project of common interest . ### they may not receive funding under this regulation , when not respecting the common interest of sustainable development , the eu environmental legislation as listed in art . 42 of the ten - t regulation and its trans - border application in case of trans - border projects .


### contributing to sustainable development and protection of the environment , notably by fostering the integration of energy from renewable sources into the transmission network and developing carbon dioxide networks , to be measured by the transmission of renewable energy from generation to major consumption centres and storage sites , and the sum of co2 emissions prevented by the construction of the projects which benefited from the connecting europe facility . ### contributing to sustainable development , the protection of the environment and the union ' s climate objectives , by reducing the union ' s energy demand and developing and integrating energy from renewable sources into the transmission and distribution network , to be measured by the percentage of renewable energy compared to the total energy consumed in the union , by the number of smart electricity grids and by the total energy consumed by the implementation of projects which benefited from the connecting europe facility .


### inland transport connections to ports and airports , development of multi - modal platforms and of ports ; ### inland transport connections to ports , development of multi - modal platforms , of industrial sidings and of ports as well as interconnecting points , with priority on rail connections ;


### actions to support cross - border road sections ; ### actions to support cross - border rail sections , with a focus on cross - border sections that have been abandoned or cut since the second world war ;


### ‘ services concession’ means a contract for pecuniary interest concluded in writing between one or more economic operators and one or more contracting authorities or contracting entities and having as their object the provision of services other than those referred to in points 2 and 4 where the consideration for the services to be provided consists either solely in the right to exploit the services that are subject of the contract or in that right together with payment . ### ' services concession ' means a contract for pecuniary interest concluded in writing by means of which one or more contracting authorities or contracting entities entrusts the operation of a service for which they are responsible to one or more economic operators , and where the consideration for this delegation consists either solely in the right to exploit the service which is the subject of the contract or in that right together with payment . by contrast , certain state acts such as authorisations , permits or licences , whereby the state or a public authority establishes the conditions for the exercise of an economic activity , having as their object the entitlement to offer social services and / or the right to conclude agreements , by means of which the grantor grants an economic operator the right to exploit certain public domains or resources , or grants rights of way should not be regarded as concessions insofar as they establish only general conditions for their use without turning the public authority into a recipient of specific works or services provided by the contracting partner .


### 2 . 1 . the number of engines placed on the market under a flexibility scheme shall , in each engine category , not exceed 50 % of the tractor manufacturer ' s annual sales of tractors with engines in that engine category . where a tractor manufacturer has marketed tractors in the union for a period of less than five years the average will be calculated based on the actual period for which the tractor manufacturer has marketed tractors in the union . ### 2 . 1 . the number of engines placed on the market under a flexibility scheme shall , in each engine category , not exceed 20 % of the tractor manufacturer ' s annual sales of tractors with engines in that engine category . where a tractor manufacturer has marketed tractors in the union for a period of less than five years the average will be calculated based on the actual period for which the tractor manufacturer has marketed tractors in the union .


### member states shall ensure that a payment account with basic features includes the following payment services : ### member states shall ensure that a payment account with basic features includes the following services :


### ‘ switching’ means , upon a consumer ' s request , transferring from one payment service provider to another the information about all or some standing orders for credit transfers , recurring direct debits and recurring incoming credit transfers executed on a payment account , with or without transferring the positive account balance from one payment account to the other or closing the former account ; ### ‘ switching’ means , upon a consumer ' s request , transferring from one payment service provider to another within the european union the information about all or some standing orders for credit transfers , recurring direct debits and recurring incoming credit transfers executed on a payment account , with or without transferring the positive account balance from one payment account to the other or closing the former account ;


### where a consumer already holds a payment account , with a payment service provider located in their territory , which allows him to make use of the payment services listed in article 17 ; ### where a consumer already holds a payment account , with a payment service provider located in their territory , and has made use of one or more the payment services listed in article 16 within the previous 12 months . moreover , consumers are not the owners of a payment account , if they can prove the submission of a cancellation of the current contract or if they have instructed the bank to provide a switching service according to chapter iii ;


### credit transfers . ### sepa and non - euro credit transfers ;


### member states shall ensure that the consumer is not offered any overdraft facilities in conjunction with the payment account with basic features . ### member states shall ensure that the consumer may have access to overdraft facilities in conjunction with the payment account with basic features . the conditions for accessing this facility shall be fully transparent and agreed upon by the payment service provider and the consumer . the right to access the overdraft facility shall depend on the payment service provider’s assessment of the consumer´s creditworthiness . the amount of the overdraft facility shall be limited to one monthly gross income of the account holder .


### member states shall ensure that consumers legally resident in the union have the right to open and use a payment account with basic features with the payment service provider or providers identified pursuant to paragraph 1 . such a right shall apply irrespective of the consumer ' s place of residence . member states shall ensure that the exercise of the right is not made excessively difficult or burdensome for the consumer . before opening the payment account with basic features , payment service providers shall verify whether the consumer holds or does not hold a payment account in their territory . ### member states shall ensure that consumers legally resident or residing in the union and persons , whose expulsion is impossible for factual or legal reasons and who are not granted a residence permit , have the right to open and use a payment account with basic features with the payment service provider or providers identified pursuant to paragraph 1 . such a right shall apply irrespective of the consumer ' s place of residence . member states shall ensure that the exercise of the right is not made excessively difficult or burdensome for the consumer . before opening the payment account with basic features , payment service providers shall verify whether the consumer holds or does not hold an active and equivalent payment account in their territory with access to all functions named in article 16 . for the verification , information provided by consumers about themselves has to be taken into account by the payment service provider . the payment service providers are not allowed to only base their verification on official data bases when the consumer plausibly challenges an existing entry in a database .


### member states shall ensure that the competent authorities referred to in article 20 , determine a provisional list of at least 20 payment services accounting for at least 80% of the most representative payment services subject to a fee at national level . the list shall contain terms and definitions for each of the services identified . ### member states shall ensure that the competent authorities referred to in article 20 , determine a comprehensive provisional list of services linked to the payment account subject to a fee at national level . the list shall contain standardised terms and definitions for each of the services identified . only one name shall apply to each service .


### payment transactions through a payment card , including online payments ; ### sepa and non - euro payment transactions through a payment card , including online payments ;


### there has been no transaction on the account for more than 12 consecutive months ; ### there has been no transaction on the account for more than 24 consecutive months ; provided the consumer has given his consent ;


### direct debit ; ### sepa and non - euro direct debit ;


### there has been no transaction on the account for more than 12 consecutive months ; ### there has been no transaction on the account for more than 24 consecutive months ;


### particular attention shall be given to strengthening the rule of law , improving access to justice and supporting civil society , trade and sustainable development , access to icts , health and food security , as well as promoting dialogue , participation and reconciliation , and institution - building . ### particular attention shall be given to strengthening the rule of law , improving access to justice and supporting civil society , domestic and regional trade and sustainable development , access to icts , health and food security , as well as promoting dialogue , participation and reconciliation , and institution - building .


### complementing resources deployed under this instrument by coherent work and support through other eu instruments , which may focus on wider regional integration , promoting the eu ' s interests in fields such as economy , energy , research , innovation and technology , fighting against production , consumption and trafficking of drugs in the context of the security and development nexus , as well as managing migration and helping displaced persons and refugees in the context of the development and migration nexus . ### complementing resources deployed under this instrument by coherent work and support through other eu instruments , which may focus on wider regional integration , promoting mutual interests in fields such as economic recovery and protection against financial crisis , renewable energy , research , innovation and technology , fighting against production , consumption and trafficking of drugs in the context of the security and development nexus , as well as managing migration and helping displaced persons and refugees in the context of the development and migration nexus .


### overcoming economic vulnerability and achieving structural transformation with emphasis on decent employment through sustained and inclusive economic growth , a low carbon green economy and sustainable development in all its dimensions and enhancement of biodiversity and ecosystem services ; ### overcoming economic vulnerability and achieving structural transformation with emphasis on decent employment through sustained and inclusive economic consolidation , an energy - efficient , renewables - based economy and sustainable development in all its dimensions and enhancement of biodiversity and ecosystem services ;


### the union also aims to ensure coherence with other areas of its external action . this should be ensured when formulating the union ' s development cooperation policy and its strategic planning programming and implementation of measures . ### the union is also obliged to ensure policy coherence for development . this should be ensured by taking into account development objectives when formulating and implementing union policies with an external impact .


### promoting sustainable economic reform and diversification , trade , the development of a market economy , productive and sustainable investment in the main sectors , public private partnerships , and partner countries ' integration in the wto ; ### promoting sustainable economic reform and diversification , trade , the development of a market economy , productive and sustainable investment in renewable energy and sustainable economy , and , possibly , partner countries ' integration in the wto ;


### migration and asylum ; and ### support migration and asylum ; and


### preventing and combating cross - border , serious and organised crime including terrorism , and reinforcing coordination and cooperation between law enforcement authorities of member states and with relevant third - countries . ### preventing and combating cross - border , serious and organised crime including terrorism , and reinforcing coordination and cooperation between law enforcement authorities of member states .


### the commission or the relevant funding body may establish a secure electronic system for exchanges with the participants . a document submitted by means of this system , including grant agreements , shall be deemed to be the original of that document where the user identification and password of the participant ' s representative have been used . such identification shall constitute the signature of the document concerned . ### the commission shall establish a secure electronic system for exchanges with the participants . a document submitted by means of this system , including grant agreements , shall be deemed to be the original of that document where the user identification and password of the participant ' s representative have been used . such identification shall constitute the signature of the document concerned .


### the relevant work programme may restrict the participation in horizon 2020 or parts thereof of legal entities established in third countries where conditions for the participation of legal entities from member states in the third country ' s research and innovation programmes are considered prejudicial to the union ' s interests . ### the relevant work programme shall restrict and exclude the participation in horizon 2020 or parts thereof of :