### where contracting authorities choose to award a contract to the most economically advantageous tender , they must determine the award criteria on the basis of which they will assess tenders in order to identify which one offers the best value for money . the determination of these criteria depends on the subject - matter of the contract since they must allow the level of performance offered by each tender to be assessed in the light of the subject - matter of the contract , as defined in the technical specifications , and the value for money of each tender to be measured . furthermore , the chosen award criteria should not confer an unrestricted freedom of choice on the contracting authority and they should ensure the possibility of effective competition and be accompanied by requirements that allow the information provided by the tenderers to be effectively verified . ### contracting authorities must determine award criteria on the basis of which they will assess tenders in order to identify which one offers the best value for money . to identify the tender representing best value , contracting authorities should use objective criteria that are linked to the subject matter of the contract . the chosen award criteria should not confer an unrestricted freedom of choice on the contracting authority , however . rather , the award procedure should guarantee effective competition through strict compliance with the principles of transparency , non - discrimination and equal treatment . these principles require , among other things , that the information provided by the tenderers be effectively and transparently verified .


### candidates and tenderers shall not be required to re - submit a certificate or other documentary evidence that has already been submitted to the same contracting authority within the past four years in an earlier procedure and is still valid . ### candidates and tenderers shall not be required to re - submit a certificate or other documentary evidence that has already been submitted to the same contracting authority within the past two years in an earlier procedure and is still valid . the contracting authority is however entitled to demand more recent evidence in case of questionable validity during the procedure .


### where privileged links are identified , the contracting authority shall immediately inform the oversight body designated in accordance with article 84 and take appropriate measures to avoid any undue influence on the award process and ensure equal treatment of candidates and tenderers . where the conflict of interests cannot be effectively remedied by other means , the candidate or tenderer concerned shall be excluded from the procedure . ### where privileged links are identified , the contracting authority shall immediately take appropriate measures to avoid any undue influence on the award process , document those measures adequately and ensure equal treatment of candidates and tenderers .


### these sector - specific measures must be complemented by an adaptation of the public procurement directives empowering contracting authorities to pursue the objectives of the europe 2020 strategy in their purchasing strategies . it should hence be made clear that contracting authorities can determine the most economically advantageous tender and the lowest cost using a life - cycle costing approach , provided that the methodology to be used is established in an objective and non - discriminatory manner and accessible to all interested parties . the notion of life - cycle costing includes all costs over the life cycle of works , supplies or services , both their internal costs and their external costs , provided they can be monetised and monitored . common methodologies should be developed at the level of the union for the calculation of life - cycle costs for specific categories of supplies or services ; whenever such a methodology is developed its use should be made compulsory . ### these sector - specific measures must be complemented by an adaptation of the public procurement directives empowering contracting authorities to pursue the objectives of the europe 2020 strategy in their purchasing strategies . it should hence be made clear that contracting authorities can determine the most economically advantageous tender using a life - cycle costing approach , provided that the methodology to be used is established in an objective and non - discriminatory manner and accessible to all interested parties . the notion of life - cycle costing includes all costs over the life cycle of works , supplies or services , both their internal costs and their external costs , provided they can be monetised and monitored . common methodologies should be developed at the level of the union for the calculation of life - cycle costs for specific categories of supplies or services .


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


### contracting authorities shall reject the tender , where they have established that the tender is abnormally low because it does not comply with obligations established by union legislation in the field of social and labour law or environmental law or by the international social and environmental law provisions listed in annex xi . ### contracting authorities shall reject the tender , where they have established that the tender is abnormally low because it does not comply with obligations established by union and national legislation in the field of social , labour , health , safety or environmental law , collective agreements applicable in the place where the work , service or supply is to be performed , or by the international social and environmental law provisions listed in annex xi .


### for periods exceeding three months , but not exceeding six months , a third - country national who has been admitted as a student or as a remunerated trainee under this directive shall be allowed to carry out part of his / her studies / traineeship in another member state provided that before his or her transfer to that member state , he / she has submitted the following to the competent authority of the second member state : ### for periods exceeding three months , but not exceeding six months , a third - country national who has been admitted as a student , school pupil , volunteer , au pair , remunerated or unremunerated trainee under this directive shall be allowed to carry out part of his / her studies / traineeship / volunteer activity in another member state provided that before his or her transfer to that member state , he / she has submitted the following to the competent authority of the second member state :


### for students , where the time limits imposed on access to economic activities under article 23 are not respected or where the student does not make acceptable progress in the relevant studies in accordance with national legislation or administrative practice . ### for students , where the time limits imposed on access to economic activities under article 23 are not respected .


### the full list of member states that the researcher or student intends to go to is known prior to entry to the first member state ; ### the full list of member states that the researcher , school pupil , volunteer , unremunerated or remunerated trainee or student intends to go to is known prior to entry to the first member state ;


### after finalisation of research or studies in the member state , third - country nationals shall be entitled to stay on the territory of the member state for a period of 12 months in order to look for work or set up a business , if the conditions laid down in points and to of article 6 are still fulfilled . in a period of more than 3 and less than 6 months , third - country nationals may be requested to provide evidence that they continue to seek employment or are in the process of setting up a business . after a period of 6 months , third - country nationals may additionally be requested to provide evidence that they have a genuine chance of being engaged or of launching a business . ### after finalisation of research or studies in the member state , third - country nationals shall be entitled to stay on the territory of the european union for a period of 18 months in order to look for work or set up a business , if the conditions laid down in points and to of article 6 are still fulfilled . in a period of more than 3 and less than 6 months , third - country nationals may be requested to provide evidence that they continue to seek employment or are in the process of setting up a business . after a period of 12 months , third - country nationals may additionally be requested to provide evidence that they have a genuine chance of being engaged or of launching a business .


### after finalisation of research or studies in the member state , third - country nationals shall be entitled to stay on the territory of the member state for a period of 12 months in order to look for work or set up a business , if the conditions laid down in points and to of article 6 are still fulfilled . in a period of more than 3 and less than 6 months , third - country nationals may be requested to provide evidence that they continue to seek employment or are in the process of setting up a business . after a period of 6 months , third - country nationals may additionally be requested to provide evidence that they have a genuine chance of being engaged or of launching a business . ### after finalisation of research or studies in the member state , third - country nationals shall be entitled to stay on the territory of the union for a period of 18 months in order to look for work or set up a business , if the conditions laid down in points and to of article 6 are still fulfilled . in a period of more than 3 and less than 6 months , third - country nationals may be requested to provide evidence that they continue to seek employment or are in the process of setting up a business . after a period of 6 months , third - country nationals may additionally be requested to provide evidence that they have a genuine chance of being engaged or of launching a business .


### member states shall grant third - country nationals , who have been admitted as researchers or students under this directive and who are covered by union programmes including mobility measures , an authorization covering the whole duration of their stay in the member states concerned where : ### member states shall grant third - country nationals , who have been admitted as researchers , school pupils , volunteers , unremunerated or remunerated trainees or students under this directive and who are covered by union programmes including mobility measures , an authorization covering the whole duration of their stay in the member states concerned where :


### member states may accept , in accordance with their national legislation , an application submitted when the third - country national concerned is already in their territory . ### member states shall examine , in accordance with their national legislation , an application submitted when the third - country national concerned is already in their territory .


### member states may require applicants to pay fees for the processing of applications in accordance with this directive . the amount of such fees shall not endanger the fulfilment of its objectives . ### member states may require payment of fees for handling applications in accordance with this directive . the level of such fees shall not be excessive or disproportionate . where those fees are paid by the third - country national trainee or au - pair , that third - country national shall be entitled to be reimbursed by the host entity or the host family respectively .


### the authorisation shall be granted by the first member state that the researcher or student resides in . ### the authorisation shall be granted by the first member state that the researcher , school pupil , volunteer , unremunerated or remunerated trainee or student resides in .


### researchers ' family members by way of derogation from article 3 and article 8 of directive 2003 / 86 / ec , family reunification shall not be made dependent on the holder of the authorisation to stay for the purposes of research having reasonable prospects of obtaining the right of permanent residence and having a minimum period of residence 2 . by way of derogation from the last subparagraph of article 4 and article 7 of directive 2003 / 86 / ec , the integration conditions and measures referred to in those provisions may only be applied after the persons concerned have been granted family reunification . 3 . by way of derogation from the first subparagraph of article 5 of directive 2003 / 86 / ec , authorisations for family members shall be granted , where the conditions for family reunification are fulfilled , within 90 days from the date on which the application was lodged , and 60 days from the date of the initial application for family members of third - country national researchers covered by the relevant union programmes including mobility measures . 4 . by way of derogation from article 13 and of directive 2003 / 86 / ec , the duration of validity of the authorisation of family members shall be the same as that of the authorisation granted to the researcher insofar as the period of validity of their travel documents allows it . 5 . by way of derogation from the second sentence of article 14 of directive 2003 / 86 / ec , member states shall not apply any time limit in respect of access to the labour market . ### researchers ' and students ' family members by way of derogation from article 3 and article 8 of directive 2003 / 86 / ec , family reunification shall not be made dependent on the holder of the authorisation to stay for the purposes of research or studies having reasonable prospects of obtaining the right of permanent residence and having a minimum period of residence . 2 . by way of derogation from the last subparagraph of article 4 and article 7 of directive 2003 / 86 / ec , the integration conditions and measures referred to in those provisions may only be applied after the persons concerned have been granted family reunification . 3 . by way of derogation from the first subparagraph of article 5 of directive 2003 / 86 / ec , authorisations for family members shall be granted , where the conditions for family reunification are fulfilled , within 90 days from the date on which the application was lodged , and 60 days from the date of the initial application for family members of third - country national researchers and students covered by the relevant union programmes including mobility measures . 4 . by way of derogation from article 13 and of directive 2003 / 86 / ec , the duration of validity of the authorisation of family members shall be the same as that of the authorisation granted to the researcher or the student insofar as the period of validity of their travel documents allows it . 5 . by way of derogation from the second sentence of article 14 of directive 2003 / 86 / ec , member states shall not apply any time limit in respect of access to the labour market .


### rights for researchers and students covered by union programmes including mobility measures ### rights for researchers , school pupils , volunteers , unremunerated and remunerated trainees and students covered by union programmes including mobility measures


### in order to make the union more attractive for third - country national researchers , family members of researchers , as defined in council directive 2003 / 86 / ec of 22 september 2003 on the right to family reunification , should be admitted with them . they should benefit from intra - union mobility provisions and they should also have access to the labour market . ### in order to make the union more attractive for third - country national researchers and students , family members of researchers and students , as defined in council directive 2003 / 86 / ec of 22 september 2003 on the right to family reunification , should be admitted with them . they should benefit from intra - union mobility provisions and they should also have access to the labour market .


### the competent authorities of the member states shall decide on the complete application for an authorisation and shall notify the applicant in writing , in accordance with the notification procedures laid down in the national law of the member state concerned , as soon as possible and at the latest within 60 days from the date on which the application was lodged , and within 30 days in the case of third - country national researchers and students covered by union programmes including mobility measures . ### the competent authorities of the member states shall decide on the complete application for an authorisation and shall notify the applicant in writing , in accordance with the notification procedures laid down in the national law of the member state concerned , including on any appeals lodged against decisions rejecting an application for an authorisation , as soon as possible and at the latest within 30 days from the date on which the application was lodged .


### by way of derogation from article 3 and article 8 of directive 2003 / 86 / ec , family reunification shall not be made dependent on the holder of the authorisation to stay for the purposes of research having reasonable prospects of obtaining the right of permanent residence and having a minimum period of residence . ### by way of derogation from article 3 and article 8 of directive 2003 / 86 / ec , family reunification shall not be made dependent on the holder of the authorisation to stay for the purposes of research or studies having reasonable prospects of obtaining the right of permanent residence and having a minimum period of residence .


### in the case of students , the applicant can provide evidence of acceptance by the relevant establishment of higher education to follow a course of study . ### in the case of students or school pupils , the applicant can provide evidence of acceptance by the relevant educational establishment to follow a course of study .


### draft by the group of member states in view of this situation , on 8 october 2013 , the representatives of the governments of the member states agreed by common accord on arrangements to host cepol according to which cepol will be hosted in budapest as soon as it moves from bramshill . this agreement should be incorporated in council decision 2005 / 681 / jha . ### in view of this situation and of the fundamental need to maintain cepol ' s complete independence , arrangements should be made according to which cepol will be hosted in budapest as soon as it moves from bramshill . those arrangements should be incorporated in council decision 2005 / 681 / jha .


### in order to contribute to the elimination of discards and by - catches and facilitate the transition to exploitation of living marine biological resources that restores and maintains populations of harvested species above levels which can produce the msy , the emff may support projects aiming at developing or introducing new technical or organisational knowledge reducing impacts of fishing activities on the environment or achieving a more sustainable use of marine biological resources . ### in order to contribute to the elimination of discards and by - catches and facilitate the transition to exploitation of living marine biological resources that restores and maintains populations of harvested species above levels which can produce the msy , the emff may support projects aiming at developing or introducing new technical or organisational knowledge reducing impacts of fishing activities on the environment or achieving a more sustainable use of marine biological resources with a firm and multi - dimensional scientific basis , which takes into account ecosystems and the analysis of environmental trends .


### eur 358 000 000 of the resources referred to in paragraph shall be allocated to measures on data collection referred to in article 79 . ### a minimum of eur 716 000 000 of the resources referred to in paragraph shall be allocated to measures on data collection referred to in article 79


### eur 4 535 000 000 of the resources referred to in paragraph shall be allocated to the sustainable development of fisheries , aquaculture and fisheries areas under chapters i , ii and iii of title v . ### a maximum of eur 3 964 000 000 of the resources referred to in paragraph shall be allocated to the sustainable development of fisheries , aquaculture and fisheries areas under chapters i , ii and iii of title v


### enhancement of the competitiveness and viability of fisheries , in particular of small scale coastal fleet , and improvement of safety or working conditions ; ### enhancement of the competitiveness and viability of fisheries and improvement of safety or working conditions ;


### development of new professional skills and lifelong learning ; ### development of new professional skills and lifelong learning , as well as improving and developing the professionalisation of the sector ;


### where operations consist of investments in equipment or infrastructure ensuring compliance with requirements on the environment , human or animal health , hygiene or animal welfare under union law , and entering into force after 2014 , may be granted until the date on which the standards become mandatory for the enterprises . ### support shall be limited to investments in equipment or infrastructure which has demonstrably lower impact on the environment , or better performance with respect to human or animal health , hygiene or animal welfare than the requirements under union law . support under the emff shall not be granted to aquaculture operations using exotic species or genetically modified organisms . support under the emff shall not be granted to any intensive aquaculture operation in marine protected areas , fish stock recovery areas or natura 2000 sites .


### support under this chapter shall be limited to aquaculture enterprises unless otherwise expressly established . ### support under this chapter shall be limited to aquaculture enterprises &#8211 ; microenterprises and smes &#8211 ; unless otherwise expressly established .


### support shall only be granted to beneficiaries who commit themselves for a minimum of 3 years to participate in the emas or for a minimum of 5 years to comply with the requirements of organic production . ### support shall only be granted to beneficiaries who commit themselves for a minimum of 5 years to participate in the emas or for a minimum of 5 years to comply with the requirements of organic production .


### in order to ensure the viability of fisheries and aquaculture in a highly competitive market , it is necessary to lay down provisions granting support for the implementation of the [ regulation no on the common organisation of the markets in fishery and aquaculture products ] 1 as well as for marketing and processing activities carried by operators to maximise the value of fisheries and aquaculture products . particular attention should be paid to the promotion of operations which integrate producing , processing and marketing activities of the supply chain . in order to adapt to the new discard ban policy , the emff should also support the processing of unwanted catches . ### in order to ensure the viability of fisheries and aquaculture in a highly competitive market , it is necessary to lay down provisions granting support for the implementation of the [ regulation no on the common organisation of the markets in fishery and aquaculture products ] 1 as well as for marketing and processing activities carried by operators to maximise the value of fisheries and aquaculture products . particular attention should be paid to the promotion of operations which integrate producing , processing and marketing activities of the supply chain .


### certification and promotion including of sustainable fishery and aquaculture products and of environmentally friendly processing methods ; ### certification and promotion of sustainable fishery and aquaculture products and of environmentally friendly processing methods ;


### products obtained using methods with low impact on the environment or organic aquaculture products as defined in council regulation no 834 / 2007 on organic production . ### products obtained using methods with low impact on the environment or organic aquaculture products as defined in council regulation no 834 / 2007 on organic production or in closed systems .


### the support referred to in paragraph 1 shall only be granted to owners of union fishing vessels whose vessels are which have carried a fishing activity for at least 60 days at sea during the two years preceding the date of submission of the application . ### the support referred to in paragraph 1 shall only be granted to owners of union fishing vessels whose vessels have carried out a fishing activity for at least 60 days at sea during the two years preceding the date of submission of the application .


### fostering the implementation of the cfp . ### supporting the implementation and decentralisation of the cfp .


### in order to increase the competitiveness and economic performance of fishing activities it is vital to stimulate innovation and entrepreneurship . therefore the emff should support innovative operations and business development . ### in order to increase the sustainability , competitiveness and economic performance of fishing activities it is vital to stimulate innovation and entrepreneurship . the emff should prioritise support for innovative operations and business development which improve the environmental performance of the fishing and aquaculture sector .


### increasing the availability of veterinary medicines for its use in aquaculture and promoting appropriate use of such medicines through the commissioning of pharmaceutical studies and the dissemination and exchange of information . ### initiatives aimed at reducing the dependence of aquaculture on veterinary medicines in aquaculture .


### improvement of infrastructures of aquaculture areas including through land consolidation , energy supply or water management ; ### identification and mapping of most suitable areas for developing aquaculture with low environmental impact , and where applicable , taking into account maritime spatial planning processes ;


### reduction of the impact of fisheries on the marine environment ; ### reduction of the possible impact of fisheries on the marine environment , promoting the use of more sustainable fishing gear and rewarding the fisheries sectors that use sustainable gear ;


### stakeholder participation in designing and implementing conservation measures in the meaning of articles 17 and 21 of the [ regulation on common fisheries policy ] ### stakeholder participation in designing and implementing multiannual plans established pursuant to articles 9 , 10 and 11 and conservation measures in the meaning of articles 17 and 21 of the [ regulation on common fisheries policy ]


### conscious of the need to identify the most suitable areas for developing aquaculture taking into account access to waters and space , the emff should support national authorities in making their strategic choices at national level . ### conscious of the need to identify the most suitable areas for developing aquaculture , taking into account access to waters and space and that coastal spatial planning should ensure the conservation of coastal ecosystems , in particular the achievement of good environmental status under the msfd , the emff should support national authorities in making their strategic choices at national level .


### to ensure that the emff contributes to the achievement of the objectives of the cfp , the imp and the europe 2020 strategy , it is necessary to focus on a limited number of core priorities relating to fostering innovation and knowledge based fisheries and aquaculture , promoting sustainable and resource - efficient fishing and aquaculture , and increasing employment and territorial cohesion by unlocking the growth and job potential of coastal and inland fisheries communities and promoting diversification of fisheries activities into other sectors of the marine economy . ### to ensure that the emff contributes to the achievement of the objectives of the cfp , the imp and the europe 2020 strategy , it is necessary to focus on a limited number of core priorities relating to fostering innovation and knowledge based fisheries and aquaculture , promoting sustainable and resource - efficient fishing and aquaculture , and increasing employment and territorial cohesion by unlocking the growth and job potential of coastal and inland fisheries communities .


### in addition to the principles enounced in article 4 of the [ regulation no [ … ] laying down common provisions ] , the commission and the member states shall ensure coordination and complementarity between support from the emff and from other union policies and financial instruments , including the regulation no [ establishing the framework programme for environment and climate change action ] 1 and those in the framework of the union ' s external action . coordination between assistance from the emff and life framework programme shall be achieved in particular , by promoting the funding of activities that complement integrated projects funded under life framework programme , as well as by promoting the use of solutions , methods and approaches validated under life framework programme . ### in addition to the principles enounced in article 4 of the [ regulation no [ … ] laying down common provisions ] , the commission and the member states shall ensure coordination and complementarity between support from the emff and from other union policies and financial instruments in the framework of the cohesion policy instruments and other eu policies and financial instruments , including the regulation no [ establishing the framework programme for environment and climate change action ] 1 and those in the framework of the union ' s external action . coordination between assistance from the emff and life framework programme shall be achieved in particular , by promoting the funding of activities that complement integrated projects funded under life framework programme , as well as by promoting the use of solutions , methods and approaches validated under life framework programme .


### identification and mapping of most suitable areas for developing aquaculture , and where applicable , taking into account maritime spatial planning processes ; ### identification and mapping of most suitable areas for developing aquaculture , and where applicable , taking into account maritime spatial planning processes , preserving growing areas devoted to traditional crops , using current production areas and the surrounding protection area ;


### enhancement of ecosystems related to aquaculture and promotion of resource efficient aquaculture ; ### promotion of resource efficient aquaculture , including the reduction of dependence on fish feed and oil and use of chemicals and antibiotics ;


### recognising the importance of the role that spouses of self - employed fishermen play in small scale coastal fishing , the emff should support training and networking contributing to their professional development and giving them the means to better fulfil the ancillary tasks they traditionally perform . ### recognising the role of women in the fisheries sector and the need to create more jobs for women in the catching sector , and the importance of the role that spouses of self - employed fishermen play in small scale coastal fishing , the emff should support training and networking contributing to their professional development and giving them the means to better fulfil the main ancillary tasks they traditionally perform .


### introducing new technical or organisational knowledge in aquaculture farms which reduces their impact on the environment or fosters a more sustainable use of resources in aquaculture ; ### introducing new technical or organisational knowledge in aquaculture farms which reduces their impact on the environment , reduces dependence on fish meal and oil , improves the welfare of farmed organisms or fosters a more sustainable use of resources in aquaculture


### – an evaluation of the effects of the fishing sector on the ecosystem . ### – an evaluation of the effects of the fishing sector on the ecosystem , carried out regularly with updated data .


### where operations consist of investments in equipment or infrastructure ensuring compliance with requirements on the environment , human or animal health , hygiene or animal welfare under union law , and entering into force after 2014 , may be granted until the date on which the standards become mandatory for the enterprises . ### support shall be limited to investments in equipment or infrastructure which has demonstrably lower impact on the environment , or better performance with respect to human or animal health , hygiene or animal welfare than the requirements under union law . support under the emff shall not be granted to aquaculture operations using exotic species or genetically modified organisms . support under the emff shall not be granted to any intensive aquaculture operation in marine protected areas , fish stock recovery areas or natura 2000 sites .


### promotion of economic growth , social inclusion , creation of jobs and supporting labour mobility in coastal and inland communities depending on fishing and aquaculture ; ### promotion of economic growth , social inclusion , equality , creation of jobs in coastal and inland communities depending on fishing and aquaculture ;


### in order to promote environmentally sustainable aquaculture , the emff should support aquaculture activities which are highly respectful of the environment , the conversion of aquaculture enterprises to eco - management , the use of audit schemes as well as the conversion to organic aquaculture . in the same vein , the emff should also support aquaculture providing for special environmental services . ### in order to promote environmentally sustainable aquaculture , the emff should support aquaculture activities which are highly respectful of the environment , the conversion of aquaculture enterprises to eco - management , the use of audit schemes as well as the conversion to extensive aquaculture . in the same vein , the emff should also support aquaculture providing for special environmental services .


### promotion of economic growth , social inclusion , creation of jobs and supporting labour mobility in coastal and inland communities depending on fishing and aquaculture ; ### promotion of economic wealth , social inclusion , creation of jobs and supporting labour mobility in coastal and inland communities depending on fishing and aquaculture ;


### in order to improve working conditions on board for fishermen the emff may support investments on board or in individual equipments providing that these investments go beyond standards required under national or union law . ### in order to improve working conditions on board for fishermen the emff may support investments on board or in individual equipments providing that these investments go beyond standards required under national or union law and do not increase the capacity of the fishing vessel . .


### reduction of the impact of fisheries on the marine environment ; ### reduction of any negative impacts of fisheries on the marine environment ;


### in order to stimulate innovation in fisheries , the emff may support projects aiming at developing or introducing new or substantially improved products compared to the state of art , new or improved processes , new or improved management and organisation systems . ### in order to stimulate innovation in fisheries , the emff may support projects aiming at developing or introducing new or substantially improved products compared to the state of art , new or improved processes , new or improved management and organisation systems provided they contribute to the achievement of ecological sustainability , consistent with the objectives of the common fisheries policy .


### owners of union fishing vessels whose vessels are registered as active vessels and which have carried a fishing activity of at least 60 days at sea during the two years preceding the date of submission of the application ; ### owners of union fishing vessels whose vessels are registered as active vessels and which have carried a fishing activity of at least 180 days at sea during the two years preceding the date of submission of the application ;


### the provision of farm advisory services of technical , scientific , legal or economic nature . ### the provision of farm advisory services of environmental , technical , scientific , legal or economic nature which contribute to reducing the environmental impact of the operations , amongst others .


### the achievement of the objectives of the cfp would also be undermined if union financial assistance under emff is paid to member states who do not comply with their obligations under the cfp rules related to the public interest of conservation of marine biological resources , such as collecting data and implementing the control obligations . moreover , without complying with those obligations there is a risk that inadmissible beneficiaries or ineligible operations are not detected by the member states . ### the achievement of the objectives of the cfp would also be undermined if union financial assistance under emff is paid to member states who do not comply with their obligations under the cfp rules related to the public interest of conservation of marine biological resources , such as collecting data , achieving a balance between fishing fleet capacity and available fishing opportunities and implementing the control obligations . moreover , without complying with those obligations there is a risk that inadmissible beneficiaries or ineligible operations are not detected by the member states .


### a demonstration of a pertinent approach integrated into the programme towards innovation , the environment , including the specific needs of natura 2000 areas , and climate change mitigation and adaptation ; ### a demonstration of a pertinent approach integrated into the programme towards innovation , the environment , including the specific needs of natura 2000 areas , the establishment of fish stock recovery areas and climate change mitigation and adaptation ;


### support shall not contribute to the replacement or modernisation of main or ancillary engines . support shall only be granted to owners of fishing vessels and not more than once during the programming period for the same fishing vessel . ### support shall not contribute to the replacement or modernisation of main or ancillary engines nor serve to increase their power . support shall only be granted to owners of fishing vessels and not more than once during the programming period for the same fishing vessel .


### in order to contribute to the development of the aquaculture sites and infrastructures , the emff may support : ### in order to contribute to sustainable aquaculture and reducing the environmental impact of aquaculture sites and infrastructures , the emff may support :


### the introduction of the transferable fishing concessions systems should make the sector more competitive . consequently , there may be a need for new professional opportunities outside the fishing activities . therefore , the emff should support the diversification and job creation in fishing communities in particular by supporting business startups and the reassignment of vessels for maritime activities outside fishing activities of small scale coastal fishing vessels . this last operation seems to be appropriate as the small scale coastal fishing vessels are not covered by the transferable fishing concessions systems . ### the need to reduce overcapacity in order to achieve a balance between fishing capacity and fishing opportunities may create a need for new professional opportunities outside the fishing activities . therefore , the emff should support the diversification and job creation in fishing communities in particular by supporting business startups , especially micro - businesses .


### the commission should establish an annual breakdown by member states of available commitment appropriations using objective and transparent criteria ; these criteria should include the historical allocations under council regulation no 1198 / 2006 and the historical consumption under council regulation no 861 / 2006 . ### the commission should establish and publish an annual breakdown by member states of available commitment appropriations using objective and transparent criteria ; these criteria should include the historical allocations under council regulation no 1198 / 2006 and the historical consumption under council regulation no 861 / 2006 .


### it is paramount to integrate environmental concerns into the emff and support the implementation of conservation measures under the cfp taking however into account the diverse conditions throughout the union waters . for this purpose it is essential to develop a regionalised approach to conservation measures . ### it is paramount to integrate environmental concerns into the emff and support the implementation of conservation measures under the cfp taking however into account the diverse conditions throughout the union waters . for this purpose it is essential to develop a regionalised approach to conservation measures that facilitates cooperation and consistency among member states sharing a particular fishery .


### in order to contribute to the elimination of discards and by - catches and facilitate the transition to exploitation of living marine biological resources that restores and maintains populations of harvested species above levels which can produce the msy , the emff may support projects aiming at developing or introducing new technical or organisational knowledge reducing impacts of fishing activities on the environment or achieving a more sustainable use of marine biological resources . ### in order to contribute to sustainable ecosystem based fisheries and aquaculture management , including the elimination of discards and by - catches and facilitate the transition to exploitation of living marine biological resources that restores and maintains populations of harvested species above levels which can produce the msy by 2015 and restore and maintain a good environmental status by 2020 , the emff may support projects aiming at developing or introducing new technical or organisational knowledge reducing impacts of fishing activities on the environment or achieving a more sustainable use of marine biological resources .


### the objective of the common fisheries policy is to ensure a sustainable exploitation of fish stocks . overcapacity has been identified as a major driver for overfishing . it is therefore paramount to adapt the union fishing fleet to the resources available . the removal of overcapacity through public aid such as temporary or permanent cessation and scrapping schemes has proven ineffective . the emff will therefore support the establishment and management of systems of transferable fishing concessions aiming at the reduction of overcapacity and increased economic performance and profitability of the operators concerned . ### the objective of the common fisheries policy is to ensure a sustainable exploitation of fish stocks . overcapacity has been identified as a major driver for overfishing . it is therefore paramount to achieve a stable and ensuring balance between the union fishing fleets and the resources available . as noted in the green paper , despite considerable sums of money spent over many years , the removal of overcapacity through public aid such as temporary or permanent cessation and scrapping schemes has proven ineffective and the size and composition of the eu fleet are still not in line with resources available . emff funds must be used to support fishermen and vessels that fish in the most environmentally and socially sustainable way .


### the commission shall exercise the empowerment in full respect of the principle of proportionality and taking into account the risk that the non - compliance with the respective cfp rules constitutes a serious threats to the sustainable exploitation of living marine biological resources that restores and maintains populations of harvested species above levels which can produce the msy , the sustainability of the stocks concerned or the conservation of the marine environment . ### the commission shall exercise the empowerment in full respect of the principle of proportionality and taking into account the risk that the non - compliance with the respective cfp rules constitutes a serious threats to the sustainable exploitation of living marine biological resources that restores and maintains populations of harvested species above levels which can produce the msy by 2015 , the sustainability of the stocks concerned , the achievement and maintenance of good environmental status by 2020 or the conservation of the marine environment , based on the precautionary approach and an ecosystem - based approach to fisheries management .


### the participation in other actions aimed at maintaining and enhancing biodiversity and ecosystem services , such as the restoration of specific marine and coastal habitats in support of sustainable fish stocks . ### the participation in other actions aimed at maintaining and enhancing biodiversity and ecosystem services , reducing the impacts of fishing activities on biodiversity and ecosystem integrity such as the restoration of specific marine and coastal habitats in support of sustainable fish stocks and achieving a good environmental status by 2020 , consistent with the precautionary approach and an ecosystem - based approach to fisheries management .


### – an evaluation of the effects of the fishing sector on the ecosystem . ### – an evaluation of the effects of the fishing sector on the ecosystem to allow comparisons among types of fishing activities and fleet segments according to the requirements of [ regulation on the common fisheries policy ] .


### support under paragraph 1 shall be granted to small scale coastal fishermen owning a union fishing vessel registered as active and which have carried out fishing activities at sea at least 60 days during the two years preceding the date of submission of the application . the fishing licence associated with the fishing vessel shall be permanently withdrawn . ### support under paragraph 1 shall be granted to small scale coastal fishermen owning a union fishing vessel registered as active and which have carried out fishing activities at sea at least 180 days during the two years preceding the date of submission of the application . the fishing licence associated with the fishing vessel shall be permanently withdrawn and the national fleet reference levels reduced accordingly .


### in order to contribute to the elimination of discards and by - catches and facilitate the transition to exploitation of living marine biological resources that restores and maintains populations of harvested species above levels which can produce the msy , the emff may support projects aiming at developing or introducing new technical or organisational knowledge reducing impacts of fishing activities on the environment or achieving a more sustainable use of marine biological resources . ### in order to contribute to the elimination of discards and by - catches and facilitate the transition to exploitation of living marine biological resources that restores and maintains populations of harvested species above levels which can produce the msy , the emff may support projects aiming at developing or introducing new technical or organisational knowledge reducing impacts of fishing activities on the environment , including reduction of fuel consumption and co2 emissions and damage to the marine habitat and improving the selectivity of fishing operations in order to achieve a more sustainable use of marine biological resources , based on the precautionary approach and an ecosystem - based approach to fisheries management .


### in order to contribute to the elimination of discards and by - catches and facilitate the transition to exploitation of living marine biological resources that restores and maintains populations of harvested species above levels which can produce the msy , the emff may support projects aiming at developing or introducing new technical or organisational knowledge reducing impacts of fishing activities on the environment or achieving a more sustainable use of marine biological resources . ### in order to contribute to sustainable fisheries , including the elimination of discards and by - catches and facilitate the transition to exploitation of living marine biological resources that restores and maintains populations of harvested species above levels which can produce the msy by 2015 and restore and maintain a good environmental status by 2020 , the emff may support projects aiming at developing or introducing new technical or organisational knowledge reducing impacts of fishing activities on the environment , including reduction of damage to the marine habitat and improving the selectivity of fishing operations in order to achieve a more sustainable use of marine biological resources , based on the precautionary approach and an ecosystem - based approach to fisheries management .


### stakeholder participation in designing and implementing conservation measures in the meaning of articles 17 and 21 of the [ regulation on common fisheries policy ] ### stakeholder participation and cooperation among relevant member states in designing and implementing multiannual plans established pursuant to articles 9 , 10 and 11 and conservation measures in the meaning of articles 17 and 21 of the [ regulation on common fisheries policy ]


### allowing for a substantial reduction of impact of aquaculture enterprises on water , in particular through reducing the amount of water used or improving the output water quality , including through the deployment of multi - trophic aquaculture systems ; ### allowing for a substantial reduction of impact of aquaculture enterprises on water usage and quality , in particular through reducing the amount of chemicals , antibiotics and other medicines , including through the deployment of multi - trophic aquaculture systems ;


### a demonstration of a pertinent approach integrated into the programme towards innovation , the environment , including the specific needs of natura 2000 areas , and climate change mitigation and adaptation ; ### a demonstration of a pertinent approach integrated into the programme towards innovation , conservation of the marine environment , including the specific needs of natura 2000 areas , and climate change mitigation and adaptation ;


### stakeholder participation in designing and implementing conservation measures in the meaning of articles 17 and 21 of the [ regulation on common fisheries policy ### stakeholder participation in designing and implementing multiannual plans established pursuant to articles 9 , 10 and 11 and conservation measures in the meaning of articles 17 and 21 of the [ regulation on common fisheries policy


### the commission shall draw up a programme for pilot studies to be carried out by member states on a voluntary basis in order to develop the reporting and data quality , establish long time series and develop methodology . ### the commission shall draw up a programme for pilot studies to be carried out by member states in order to develop the reporting and data quality , establish long time series and develop methodology .


### each member state shall establish its own procedures and its own calendar for the pre - selection of the sites in accordance with the principle of subsidiarity , ensuring that administrative arrangements remain as light and flexible as possible . it shall however notify the commission of the results of the pre - selection at the latest on 31 january of the year of the selection procedure . ### without prejudice to paragraph 4 , each member state shall establish its own procedures and its own calendar for the pre - selection of the sites in accordance with the principle of subsidiarity , respecting their national and regional diversity and ensuring that administrative arrangements remain as light , flexible and transparent as possible . it shall however make public the list of preselected and non - preselected candidates and notify the commission of the results of the pre - selection at the latest on 31 january of the year of the selection procedure . the list shall be is accompanied by recommendations for non - preselected sites aimed at helping them to improve their candidature and comply more closely with the pre - selection criteria .


### – and / or the place and role of a site in european history and european integration , and its links with key european events or personalities , as well as with cultural , artistic , political , social , scientific , technological or industrial movements ; ### – and / or the place and role of a site in european history and european integration , and its links with key european events or personalities , as well as with cultural , artistic , religious , political , social , scientific , technological or industrial movements ;


### promoting multilingualism by using several languages of the european union ; ### promoting multilingualism and regional diversity by using languages which are official , co - official and less widely used in the member states ;


### – raise young people’s awareness of their common cultural heritage ; ### – raise the awareness of young people in particular and european citizens in general of their common cultural heritage ;


### - strengthen european citizens’ sense of belonging to the european union , based on shared elements of history and cultural heritage , as well as an appreciation of diversity ; ### - strengthening european citizens’ sense of belonging to the union , in particular that of young people , based on shared values and elements of european history and cultural heritage ;


### – ensuring access for the widest possible public , for example through site adaptations or staff training ; ### – ensuring that each institution has a clear and comprehensive strategy for new sectors of the general public regarding local social and cultural specificities ;


### – strengthen european citizens’ sense of belonging to the european union , based on shared elements of history and cultural heritage , as well as an appreciation of diversity ; ### – strengthening european citizens’ access to european historic and cultural common heritage ;


### projects of common interest should be given ‘ priority status’ at national level to ensure rapid administrative treatment . projects of common interest shall be considered by competent authorities as being in public interest . authorisation should be given to projects which have an adverse impact on the environment , for reasons of overriding public interest , when all the conditions provided for under directives 92 / 43 / ec and 2000 / 60 / ec are met . ### projects of common interest should be given ' priority status ' at national level to ensure rapid administrative treatment . projects of common interest shall be considered by competent authorities as being in public interest . authorisation should be given to projects which have an adverse impact on the environment , for reasons of overriding public interest , only when all the conditions provided for under directives 92 / 43 / ec and 2000 / 60 / ec are met . emphasises the need to identify , according to a hierarchy of importance and in the interest of cost - effectiveness , where infrastructure could be minimised through energy efficiency policies , where existing national and cross - border infrastructure can be upgraded or modernised and where new infrastructure is needed and can be built alongside existing energy or transport infrastructure .


### facilitates the timely implementation of projects of common interest by accelerating permit granting and enhancing public participation ; ### facilitates the timely implementation of projects of common interest by accelerating permit granting and setting minimum requirements for public participation ;


### each group shall consult the organisations representing relevant stakeholders , including producers , distribution system operators , suppliers , consumers , and , for the tasks set out in paragraph 2 of , organisations for environmental protection . the group may organise hearings or consultations , where relevant for the accomplishments of it tasks . ### each group shall consult the organisations representing relevant stakeholders , including producers , distribution system operators , suppliers , consumers , and organisations for environmental protection . the group shall organise hearings or consultations , where relevant for the accomplishments of it tasks . the group shall inform the public regularly and comprehensively about the state and result of its deliberations and organise a hearing or consultation before submission of its proposed list as referred to in article 3 .


### projects of common interest should be given ‘ priority status’ at national level to ensure rapid administrative treatment . projects of common interest shall be considered by competent authorities as being in public interest . authorisation should be given to projects which have an adverse impact on the environment , for reasons of overriding public interest , when all the conditions provided for under directives 92 / 43 / ec and 2000 / 60 / ec are met . ### projects of common interest should be given ' priority status ' at national level to ensure rapid administrative treatment . projects of common interest shall be considered by competent authorities as being in public interest . authorisation should be given to projects which ensure that the overall coherence of natura 2000 is protected , for reasons of overriding public interest , when all the conditions provided for under directives 92 / 43 / ec and 2000 / 60 / ec are met .


### where statements of support are collected electronically , the data obtained through the online collection system shall be stored in the territory of a member state . the model for the statement of support forms may be adapted for the purpose of the electronic collection . ### where statements of support are collected electronically , the data obtained through the online collection system shall be stored in the territory of a member state or centrally by the european parliament . the model for the statement of support forms may be adapted for the purpose of the electronic collection .


### it is appropriate to fix a minimum age for supporting a citizens ' initiative . this should be set as the age at which citizens are entitled to vote in the european parliament elections . ### it is appropriate to fix a minimum age for supporting a citizens ' initiative . this should be set at the age of 16 years .


### ' citizens ' initiative ' means an initiative , submitted to the commission in accordance with the present regulation , inviting the commission , within the framework of its powers , to submit any appropriate proposal on matters where citizens consider that a legal act of the union is required for the purpose of implementing the treaties , which has received the support of at least one million eligible signatories coming from at least one third of all member states ; ### ' citizens ' initiative ' means an initiative , submitted to the commission in accordance with the present regulation , inviting the commission , within the framework of its powers , to submit any appropriate proposal on matters where citizens consider that a legal act of the union is required for the purpose of implementing the treaties , which has received the support of at least one million eligible signatories coming from at least one fifth of all member states ;


### in order to ensure coherence and transparency in relation to proposed citizens ' initiatives , it should be mandatory to register such initiatives on a website made available by the commission prior to collecting the necessary statements of support from citizens ; proposals that are abusive or devoid of seriousness should not be registered and the commission should reject the registration of proposals which would be manifestly against the values of the union . the commission should deal with registration in accordance with the general principles of good administration . ### in order to ensure coherence and transparency in relation to proposed citizens ' initiatives , and to avoid a situation in which signatures are collected for a proposal which does not fall within the scope of this regulation , it should be mandatory to register such initiatives on a website made available by the commission prior to collecting the necessary statements of support from citizens ; proposals that are not citizens ' initiatives in accordance with this regulation should not be registered . registration is an administrative procedure aimed at selecting those initiatives that fall within the scope of this regulation ; therefore any refusal of registration should be based only on legal grounds and not , on any account , on grounds of political expediency . the commission should deal with registration in accordance with the general principles of good administration , and should therefore be obliged to inform the organisers of an initiative of the reasons for any refusal to register an initiative and of the legal remedies available to them in that event . it should also be made clear by the commission that registration and the collection of the required number of statements of support will not necessarily result in the commission adopting a proposal for a legal act and that the registration of an initiative does not constitute a formal decision on competence issues .


### it is necessary to establish the minimum number of member states from which citizens must come . in order to ensure that a citizens ' initiative is representative of a union interest , this number should be set at one third of member states . ### it is necessary to establish the minimum number of member states from which citizens must come . in order to ensure that a citizens ' initiative is representative of a union interest , this number should be set at one fifth of member states .


### it is appropriate to provide for statements of support to be collected in paper form as well as online . online collection systems should have adequate security features in place in order to ensure , inter alia , that the person can be identified and that the data are securely stored . for this purpose , the commission should be required to set out detailed technical specifications for online collection systems . ### in order to put modern technology to good use as a tool of participatory democracy , it is appropriate to provide for statements of support to be collected in paper form as well as online . online collection systems should have adequate security features in place in order to ensure , inter alia , that the person is eligible to sign and signs only once , and that the data are securely stored . the detailed technical specifications should be worked out at an expert level and be regularly adapted to technical developments ; the power to adopt detailed technical specifications for online collection systems should therefore be delegated to the commission .


### the signatories of a citizens ' initiative shall come from at least one third of member states . ### the signatories of a citizens ' initiative shall come from at least one fifth of member states .


### the commission should examine a citizens ' initiative and set out its conclusions and the actions it envisages to take in response to it , within a period of four months . ### the commission should examine a citizens ' initiative and set out its legal and political conclusions separately ; it should also set out the actions it envisages to take in response to it . in order to demonstrate that a citizens ' initiative supported by at least one million union citizens and its possible follow - up are carefully examined , the commission should explain in a clear , comprehensible and detailed manner the reasons for its intended action , and should likewise give reasons if it does not envisage taking any action .


### the commission shall reject the registration of proposed citizens ' initiatives which are manifestly against the values of the union . ### the commission shall reject the registration of proposed citizens ' initiatives which are manifestly against the values of the union . the commission’s reasons for rejecting initiatives shall be well - founded and be published on the website it shall set up for that purpose .


### in order to be eligible to support a proposed citizens ' initiative , signatories shall be citizens of the union and shall be of the age to be entitled to vote in the european elections . ### in order to be eligible to support a proposed citizens ' initiative , signatories shall be citizens of the union and shall be at least 16 years old .


### only natural persons may submit a statement of support form online ; ### only natural persons eligible to sign may submit a statement of support form online ;


### in one third of member states , signatories shall comprise at least the minimum number of citizens set out in annex i . ### in one fifth of member states , signatories shall comprise at least the minimum number of citizens set out in annex i .


### where the organiser is a natural person , that person shall be a citizen of the union and be of the age to be entitled to vote in the european elections . ### organisers shall be citizens of the union and at least 16 years old .


### a biocidal product shall be considered as substantially identical to the reference product if one of the following conditions is met : ### a biocidal product shall be considered as substantially identical to the reference product if all of the following conditions are met :


### active substances can , on basis of their intrinsic hazardous properties , be designated as candidates for substitution with other active substances , whenever such substances considered as efficient towards the targeted harmful organisms become available in sufficient variety to avoid the development of resistances amongst harmful organisms . in order to allow for a regular examination of substances identified as candidates for substitution , the inclusion period for these substances should not , even in the case of renewal , exceed ten years . furthermore , the identification of substances which are considered as candidates for substitution should be considered as a first step of a comparative assessment . ### active substances can , on basis of their intrinsic hazardous properties , be designated as candidates for substitution with other active substances , whenever such substances considered as efficient towards the targeted harmful organisms become available in sufficient variety to avoid the development of resistances amongst harmful organisms . in order to allow for a regular examination of substances identified as candidates for substitution , the inclusion period for these substances should not exceed five years , and in the case of renewal , not exceed seven years . furthermore , the identification of substances which are considered as candidates for substitution should be considered as a first step of a comparative assessment .


### it has no unacceptable effects itself or as a result of its residues , directly or indirectly , on human or animal health ; ### it shall have no immediate or delayed harmful effect on human health itself or as a result of its residues , including that of vulnerable groups , or animal health , directly or through drinking water , food , feed or air , or consequences in the workplace or through other indirect effects , taking into account known cumulative and synergistic effects where the scientific methods accepted by the agency to assess such effects are available ; or on groundwater ;


### by way of derogation from article 10 , the inclusion of an active substance in annex i that is considered as a candidate for substitution shall be renewed for a period not exceeding ten years . ### by way of derogation from article 10 , the inclusion of an active substance in annex i that is considered as a candidate for substitution shall be granted or renewed for a period not exceeding seven years .


### the powers made available to competent authorities should be complemented with explicit powers to demand information from any person regarding the size and purpose of a position in derivatives contracts related to commodities and to request the person to take steps to reduce the size of the position in the derivative contracts . ### the powers made available to competent authorities should be complemented with explicit powers to obtain information on a regular basis from any person regarding the size and purpose of a position in derivatives contracts related to commodities and to request the person to take steps to reduce the size of the position in the derivative contracts .


### venues where the most liquid commodity derivatives are traded should publish an aggregated weekly breakdown of the positions held by different types of market participants , including the clients of those not trading on their own behalf . a comprehensive and detailed breakdown both by the type and identity of the market participant should be made available to the competent authority upon request . ### venues where the most liquid commodity derivatives are traded should publish an aggregated weekly breakdown of the positions held by different types of market participants , including the clients of those not trading on their own behalf . a comprehensive and detailed breakdown both by the type and identity of the market participant should be notified to the competent authority on a regular basis .


### support liquidity ; ### ensure sufficient market liquidity required by bona - fide hedging transactions and reduce volatility ;


### support orderly pricing and settlement conditions . ### ensure that the price discovery function and settlement conditions of the underlying market are not disrupted ;


### – provide investment services , other than dealing on own account , in commodity derivatives or derivative contracts included in annex i , section c 10 or emission allowances or derivatives thereof to the clients of their main business , ### – provide investment services , other than dealing on own account , in commodity derivatives or derivative contracts included in annex i , section c 10 or emission allowances or derivatives thereof to the clients of their main business , to the extent that the transactions involved in the investment services provided are directly related to the hedging of its main commercial business and physical activity ,


### in order to enable the publication mentioned in point of paragraph 1 , member states shall require members and participants of regulated markets , mtfs and otfs to report to the respective trading venue the details of their positions in real - time , including any positions held on behalf of their clients . ### in order to enable the publication mentioned in point of paragraph 1 , member states shall require all persons holding a position in a relevant financial instrument to report to the respective trading venue or , in the case of otc contracts , directly to competent authorities the details of their positions in real - time , including any positions held on behalf of their clients as well as whether the transaction is a bona fide hedging transaction .


### the commission shall be empowered to adopt delegated acts in accordance with article 94 concerning measures to specify some technical elements of the definitions laid down in paragraph 1 of this article , to adjust them to market developments . ### esma shall submit draft regulatory technical standards to the commission concerning measures to specify technical elements of the definitions laid down in paragraph 1 of this article , inter alia to adjust them to market developments .


### explicit powers should be granted to competent authorities to limit the ability of any person or class of persons from entering into a derivative contract in relation to a commodity . the application of a limit should be possible both in the case of individual transactions and positions built up over time . in the latter case in particular , the competent authority should ensure that these position limits are non - discriminatory , clearly spelled out , take due account of the specificity of the market in question , and are necessary to secure the integrity and orderly functioning of the market . ### explicit powers should be granted to competent authorities to limit the ability of any person or class of persons from entering into a derivative contract in relation to a commodity . the application of a limit should be possible both in the case of individual transactions and positions built up over time . in the latter case in particular , the competent authority should ensure that these position limits are non - discriminatory , clearly spelled out , take due account of the specificity of the market in question , and are necessary to secure the integrity and orderly functioning of the market , as well as to eliminate excessive speculation .


### the obligation laid down in point shall only apply when both the number of traders and their open positions in a given financial instrument exceed minimum thresholds . ### the obligations laid down in point and shall only apply when both the number of persons and their open positions in a given financial instrument exceed minimum thresholds .


### all venues which offer trading in commodity derivatives should have in place appropriate limits or suitable alternative arrangements designed to support liquidity , prevent market abuse , and ensure the orderly pricing and settlement conditions . esma should maintain and publish a list containing summaries of all such measures in force . these limits or arrangements should be applied in a consistent manner and take account of the specific characteristics of the market in question . they should be clearly spelled out as regards to whom they apply and any exemptions thereto , as well as to the relevant quantitative thresholds which constitute the limits or which may trigger other obligations . the commission should be empowered to adopt delegated acts , including with a view to avoiding any divergent effects of the limits or arrangements applicable to comparable contracts on different venues . ### all venues which offer trading in commodity derivatives should have in place appropriate limits designed to support liquidity , prevent market abuse , and ensure the orderly pricing and settlement conditions . esma should maintain and publish a list containing summaries of all such measures in force . these limits should be applied in a consistent manner and take account of the specific characteristics of the market in question . they should be clearly spelled out as regards to whom they apply and any exemptions thereto , as well as to the relevant quantitative thresholds which constitute the limits or which may trigger other obligations . the commission should be empowered to adopt regulatory technical standards , including with a view to avoiding any divergent effects of the limits applicable to comparable contracts on different venues .


### all venues which offer trading in commodity derivatives should have in place appropriate limits or suitable alternative arrangements designed to support liquidity , prevent market abuse , and ensure the orderly pricing and settlement conditions . esma should maintain and publish a list containing summaries of all such measures in force . these limits or arrangements should be applied in a consistent manner and take account of the specific characteristics of the market in question . they should be clearly spelled out as regards to whom they apply and any exemptions thereto , as well as to the relevant quantitative thresholds which constitute the limits or which may trigger other obligations . the commission should be empowered to adopt delegated acts , including with a view to avoiding any divergent effects of the limits or arrangements applicable to comparable contracts on different venues . ### all venues which offer trading in commodity derivatives should have in place appropriate limits and suitable additional arrangements designed to support liquidity , prevent market abuse , and ensure the orderly price discovery function and settlement conditions as well as to eliminate excessive speculation . esma should maintain and publish a list containing summaries of all such measures in force . these limits and arrangements should be applied in a consistent manner and take account of the specific characteristics of the market in question . they should be clearly spelled out as regards to whom they apply and any exemptions thereto , as well as to the relevant quantitative and qualitative thresholds which constitute the limits or which may trigger other obligations . the commission should be empowered to adopt regulatory technical standards , including with a view to avoiding any divergent effects of the limits and arrangements applicable to comparable contracts on different venues .


### member states shall ensure that regulated markets , mtfs , and otfs which admit to trading or trade commodity derivatives or emission allowances or derivatives thereof : ### member states and esma shall ensure that regulated markets , mtfs , otfs and otc dealers which admit to trading or trade commodity derivatives or emission allowances or derivatives thereof :


### the commission shall be empowered to adopt delegated acts in accordance with article 94 concerning measures to specify the thresholds mentioned in the last subparagraph of paragraph 1 and to refine the categories of members , participants or clients mentioned in paragraph 3 . ### esma shall develop draft regulatory technical standards concerning measures to specify the thresholds mentioned in the last subparagraph of paragraph 1 and to adopt the relevant guidelines , criteria and notification requirements for the specification of the categories of members , participants , otc dealers , or clients mentioned in paragraph 3 .


### make public a weekly report with the aggregate positions held by the different categories of traders for the different financial instruments traded on their platforms in accordance with paragraph 3 ; ### make public a weekly report with the aggregate positions held by the different categories of persons for the different financial instruments traded on their platforms in accordance with paragraph 3 ;


### esma shall develop draft implementing technical standards to determine the format of the reports mentioned in point of paragraph 1 , and the content of the information to be provided in accordance with paragraph 2 . ### esma shall develop draft implementing technical standards to determine the format of the reports mentioned in point of paragraph 1 , and the content of the information to be provided in accordance with paragraph 2 and paragraph 1 of article 59 .


### provided that in all cases this is an ancillary activity to their main business , when considered on a group basis , and that main business is not the provision of investment services within the meaning of this directive or banking services under directive 2006 / 48 / ec ; ### provided that in all cases this is an ancillary activity to their main business , when considered on a group basis , and that the size and characteristics of the ancillary business neither represent a significant proportion of nor have a significant impact on the market in which the business operates , and that main business is not the provision of investment services within the meaning of this directive or banking services under directive 2006 / 48 / ec ;


### the commission shall be empowered to adopt delegated acts in accordance with article 94 concerning measures to specify some technical elements of the definitions laid down in paragraph 1 of this article , to adjust them to market developments . ### esma shall submit draft regulatory technical standards to the commission concerning measures to specify technical elements of the definitions laid down in paragraph 1 of this article , inter alia to adjust them to market developments . esma shall submit drafts for those regulatory technical standards to the commission by [ 31 december 2012 ] . power is delagated to the commission to adopt the regulatory technical standards referred to the first subparagraph in accordance with articles 10 to 14 of regulation no 1095 / 2010 .


### commercial undertakings ; ### commercial undertakings performing bona fide hedging transactions ;


### regulated markets , mtf and otfs shall inform their competent authority of the details of the limits or arrangements . the competent authority shall communicate the same information to esma which shall publish and maintain on its website a database with summaries of the limits or arrangements in force . ### regulated markets , mtf , otfs and otc dealers shall notify their competent authority of the details of the limits and arrangements . the competent authority shall communicate the same information to esma which shall publish and maintain on its website a database with summaries of the limits or arrangements in force . the competent authority or esma may require the regulated markets , mtf , otfs or otc dealers to review the details of the limits and arrangements when they consider that the regulated markets , mtf , otfs or otc dealers do not satisfy the criteria defined in paragraph 1 .


### venues where the most liquid commodity derivatives are traded should publish an aggregated weekly breakdown of the positions held by different types of market participants , including the clients of those not trading on their own behalf . a comprehensive and detailed breakdown both by the type and identity of the market participant should be made available to the competent authority upon request . ### venues where the most liquid commodity derivatives are traded should publish an aggregated weekly breakdown of the positions held by different types of market participants , including the clients of those not trading on their own behalf . a comprehensive and detailed breakdown both by the type and identity of the market participant should be notified to the competent authority on a regular basis .


### the criteria for determining whether an activity is ancillary to the main business shall take into account at least the following elements : ### the criteria for determining whether an activity is ancillary to the main business and that the size and characteristics of the ancillary business neither represent a significant proportion of nor have a significant impact on the market in which the business operates shall take into account at least the following elements :


### support orderly pricing and settlement conditions . ### ensure that the price discovery function and settlement conditions of the underlying market are not disrupted ;


### the commission shall adopt delegated acts in accordance with article 94 concerning measures in respect of exemptions and , to clarifying when an activity is to be considered as ancillary to the main business on a group level as well as for determining when an activity is provided in an incidental manner . ### esma shall develop draft regulatory technical standards concerning measures in respect of exemptions and , to clarifying when an activity is to be considered as ancillary to the main business on a group level and specifying a threshold determining the market proportion and impact that shall be considered significant as well as for determining when an activity is provided in an incidental manner .


### considering the communiqué of g20 finance ministers and central bank governors of 15 april 2011 on ensuring that participants on commodity derivatives markets should be subject to appropriate regulation and supervision , the exemptions from directive 2004 / 39 / ec . for various participants active in commodity derivative markets should be modified to ensure that activities by firms , which are not part of a financial group , involving the hedging of production - related and other risks as well as the provision of investment services in commodity or exotic derivatives on an ancillary basis to clients of the main business remain exempt , but that firms specialising in trading commodities and commodity derivatives are brought within this directive . ### considering the communiqué of g20 finance ministers and central bank governors of 15 april 2011 on ensuring that participants on commodity derivatives markets should be subject to appropriate regulation and supervision , the exemptions from directive 2004 / 39 / ec . for various participants active in commodity derivative markets should be modified to ensure that activities by firms , which are not part of a financial group , involving the hedging of production - related and other risks as well as the provision of investment services in commodity or exotic derivatives on an ancillary basis to clients of the main business remain exempt if the size or the impact of this activity is not significant on that market , but that firms specialising in trading commodities and commodity derivatives are brought within this directive .


### the commission shall be empowered to adopt delegated acts in accordance with article 94 to determine the limits or alternative arrangements on the number of contracts which any person can enter into over a specified period of time and the necessary equivalent effects of the alternative arrangements established in accordance with paragraph 1 , as well as the conditions for exemptions . the limits or alternative arrangements shall take account of the conditions referred to in paragraph 1 and the limits that have been set by regulated markets , mtfs and otfs . the limits or alternative arrangements determined in the delegated acts shall also take precedence over any measures imposed by competent authorities pursuant to article 72 paragraph of this directive . ### esma shall develop draft regulatory technical standards to determine the ex - ante limits and arrangements on the number of contracts which any person can enter into over a specified period of time and the necessary effects of the additional arrangements and the method of calculating positions established in accordance with paragraph 1 , the conditions for exemptions as well as the relevant ratios of overall positions to aggregate positions resulting from bona fide hedging transactions required for establishing whether a situation of excessive speculation arises or whether there is a significant risk of such situation arising . the limits and arrangements shall take account of the conditions referred to in paragraph 1 and the limits that have been set by regulated markets , mtfs and otfs . the limits and arrangements determined in the delegated acts shall also take precedence over any measures imposed by competent authorities pursuant to article 72 paragraph of this directive . esma shall submit those draft implementing technical standards to the commission by [ 31 december 2012 ]


### there is a need to pursue studies and work , in particular on issues related to gdp and beyond and europe 2020 with the aim of developing a more comprehensive measurement approach for wellbeing and progress in order to support the promotion of a smart , sustainable and inclusive economy . these studies and work will help to further improve data availability , transmission and quality , to enhance methodologies , so as to prepare for future developments . ### there is a need to conduct studies and act swiftly , in particular on issues related to gdp and beyond and europe 2020 with the aim of developing a more comprehensive measurement approach for wellbeing and progress in order to support the promotion of a smart , sustainable and inclusive economy , fully taking into account environmental externalities and social inequalities , and working towards overcoming these . such studies and work will help to further improve data availability , transmission and quality , to enhance methodologies , so as to prepare for future developments . data on national and regional accounts should be seen as one element in the pursuit of those aims .


### attention should be paid in the case of environmental and social accounts to the communication from the commission to the european parliament and the council of 20 august 2009 entitled ‘ gdp and beyond - measuring progress in a changing world’ . therefore , further methodological studies and data tests may be required . ### in the case of environmental and social accounts , the communication from the commission to the european parliament and the council of 20 august 2009 entitled ‘ gdp and beyond - measuring progress in a changing world’ should be fully taken into account . further methodological studies and data tests may be required , but there is sufficient evidence for the need and there are instruments available , to take swift action to overcome the shortcomings of the gdp concept . the commission should present , by july 2013 , to the european parliament and to the council an updated communication on ' gdp and beyond ' , together with an action plan centred on concrete legislative proposals to be made by july 2014 .


### there is a need to pursue studies and work , in particular on issues related to gdp and beyond and europe 2020 with the aim of developing a more comprehensive measurement approach for wellbeing and progress in order to support the promotion of a smart , sustainable and inclusive economy . these studies and work will help to further improve data availability , transmission and quality , to enhance methodologies , so as to prepare for future developments . ### there is a need to conduct studies and work , in particular on issues related to gdp and beyond and europe 2020 with the aim of developing a more comprehensive measurement approach for wellbeing and progress in order to support the promotion of a smart , sustainable and inclusive economy , taking into account environmental considerations . such studies and work will help to further improve data availability , transmission and quality , to enhance methodologies , so as to prepare for future developments . data on national and regional accounts should be seen as one element in the pursuit of those aims .


### the transmission system operators shall enable permanent physical capacity to transport gas in both directions on all interconnections within two years from the entry into force of this regulation , except in cases where at the request of a competent authority , the commission decides that the addition of a bi - directional flow capacity would not enhance the security of supply of any member state . such decision may be reviewed if circumstances change . the level of the bi - directional flow capacity shall be reached in a cost efficient way and at least take into account the capacity required to meet the supply standard set in article 7 . within that two year period , the gas transmission system operator shall adapt the functioning of the transmission system as a whole so as to enable bi - directional gas flows . ### without prejudice to paragraph 5a , within two years from the entry into force of this regulation , the transmission system operators shall enable permanent physical capacity to transport gas in both directions on all interconnections , other than for pipelines connecting production sources , lng facilities , or interconnection points with distribution networks or where gas quality constraints render bi - directional flows impossible . the level of the bi - directional flow capacity shall be reached in a cost efficient way and at least take into account the capacity required to meet the supply standard set in article 7 . within that two year period , the gas transmission system operator shall adapt the functioning of the transmission system as a whole so as to enable bi - directional gas flows .


### ' protected customers ' means all household customers already connected to a gas distribution network , and , if the member state concerned so decides , can also include small and medium - sized enterprises , schools and hospitals provided that they are already connected to a gas distribution network ; ### ' protected customers ' means all household customers connected to a gas distribution network ;


### the commission may declare a community emergency at the request of one competent authority or when the community loses more than 10% of its daily gas import from third countries as calculated by entso - g . it shall declare a community emergency where more than one competent authority has declared emergency following the verification in accordance with article 9 . it may declare a community emergency for specifically affected geographical regions comprising more than one member state . ### the commission shall declare a union emergency where more than one competent authority has declared emergency following the verification in accordance with article 9 or where the union loses more than 20% of its daily gas import from third countries as calculated by entso - g . it shall declare a union emergency for specifically affected geographical regions comprising more than one member state where one competent authority from the concerned region has declared an emergency or where the affected geographical region loses more than 10% of its daily gas import from third countries as calculated by entso - g .


### taking into account all relevant national and regional circumstances ; ### taking into account all relevant national and regional circumstances , including the secure supply of electricity and district heating to protected customers ;


### natural gas undertakings shall notify the commission of the following details of the contracts concluded with suppliers from third countries : ### the competent authorities shall notify the commission of the following details of the contracts concluded by the natural gas undertakings of their respective member states with suppliers from third countries on an aggregated basis :


### by [ … ] the commission , having assessed the notified plans and after consulting the gas coordination group , shall draw conclusions as to possible means to enhance security of supply at community level and shall report to the european parliament and the council on the implementation of this regulation . the report shall include , where appropriate , recommendations for improvement of this regulation . ### by [ … ] the commission , having assessed the notified plans and after consulting the gas coordination group , shall draw conclusions as to possible means to enhance security of supply at union level and shall report to the european parliament and the council on the implementation of this regulation . in order to enable member states lacking infrastructure to reach n - 1 standard , the commission shall monitor the achievements on market interconnectivity and , after consulting the gas coordination group , propose possible instruments to enhance the market . the report shall include , where appropriate , recommendations for improvement of this regulation .


### by [ 31 march 2014 ; 3 years after entry into force ] at the latest , the competent authority shall ensure that in the event of a disruption of the largest gas supply infrastructure , the remaining infrastructure has the capacity to deliver the necessary volume of gas to satisfy total gas demand of the calculated area during a period of sixty days of exceptionally high gas demand during the coldest period statistically occurring every twenty years . ### by [ 31 march 2013 ; 2 years after entry into force ] at the latest , the competent authority shall take the necessary steps in relation to article 5 to ensure that in the event of a disruption of the largest gas supply infrastructure , the remaining infrastructure has the capacity to deliver the necessary volume of gas to satisfy total gas demand of the calculated area during a period of exceptionally high gas demand statistically occurring every twenty years .


### monitoring by [ … ] the commission , having assessed the notified plans and after consulting the gas coordination group , shall draw conclusions as to possible means to enhance security of supply at community level and shall report to the european parliament and the council on the implementation of this regulation . the report shall include , where appropriate , recommendations for improvement of this regulation . ### monitoring by the european commission the commission shall carry out continuous monitoring and reporting of security of gas supply measures , including monitoring of contracts for gas supply concluded between member states and third countries , in order to ensure that these are conform to the rules of the eu internal market , security of supply and competition law . by [ … ] the commission , having assessed the notified plans and after consulting the gas coordination group , shall draw conclusions as to possible means to enhance security of supply at union level and shall report to the european parliament and the council on the implementation of this regulation . the report shall include , where appropriate , recommendations for improvement of this regulation .