### member states shall ensure that the provisions adopted pursuant to this directive together with the relevant provisions already in force in articles 1 to 10 of regulation no 492 / 2011 , are brought to the attention of the persons concerned by all appropriate means throughout their territory . ### member states shall ensure that not only the provisions adopted pursuant to this directive together with the relevant provisions already in force in articles 1 to 10 of regulation no 492 / 2011 , but also the wide range of other rules related to social security including family benefits , rights at work , conditions of work , tax , family recognition , language learning which are of importance to workers and their families are brought to the attention of the persons concerned by all appropriate means throughout their territory and regardless of the status of the individual .


### member states shall ensure that the provisions adopted pursuant to this directive together with the relevant provisions already in force in articles 1 to 10 of regulation no&#160 ; 492 / 2011 , are brought to the attention of the persons concerned by all appropriate means throughout their territory . ### member states shall ensure that the citizens concerned are informed of their rights including the provisions adopted pursuant to this directive together with the relevant provisions already in force in articles 1 to 10 of regulation no 492 / 2011 , and the wide range of other rules related to social security including family benefits , rights at work , conditions of work , tax , family recognition and language learning which are of importance to workers and their families exercising their right to free movement , throughout their territory by the means they consider effective ;


### member states may provide that the competencies of the structures and bodies referred to in article 5 for the promotion , analysis , monitoring and support of equal treatment of all workers or members of their families without discrimination on grounds of nationality , also cover the right to equal treatment without discrimination on grounds of nationality of all eu citizens and their family members exercising their right to free movement , as enshrined in article 21 tfeu and directive 2004 / 38 / ec of the european parliament and of the council of 29 april 2004 on the right of citizens of the union and their family members to move and reside freely within the territory of the member states . ### member states may provide that the competencies of the structures and bodies referred to in article 5 for the promotion , analysis , monitoring and support of equal treatment of all workers or members of their families without discrimination on grounds of nationality , also cover crossborder workers and other workers as well as the right to equal treatment without discrimination on grounds of nationality of all eu citizens and their family members exercising their right to free movement , as enshrined in article 21 tfeu and directive 2004 / 38 / ec of the european parliament and of the council of 29 april 2004 on the right of citizens of the union and their family members to move and reside freely within the territory of the member states .


### the award of public contracts by or on behalf of member states authorities has to comply with the principles of the treaty on the functioning of the european union , and in particular the free movement of goods , freedom of establishment and the freedom to provide services as well as the principles deriving therefrom , such as equal treatment , non - discrimination , mutual recognition , proportionality and transparency . however , for public contracts above a certain value , provisions should be drawn up coordinating national procurement procedures so as to ensure that these principles are given practical effect and public procurement is opened up to competition . ### the award of public contracts by or on behalf of member states authorities has to comply with the principles of the treaties of the european union , and in particular the free movement of goods , freedom of establishment and the freedom to provide services as well as the principles deriving therefrom , such as equal treatment , non - discrimination , mutual recognition , proportionality and transparency and with the distribution of competencies as enshrined in article 14 tfeu and the protocol no 26 . the european regulation of public procurement should respect the wide discretion of public authorities in carrying out their public service tasks . however , for public contracts above a certain value , provisions should be drawn up coordinating national procurement procedures so as to ensure that these principles are given practical effect and public procurement is opened up to competition .


### contracts should be awarded on the basis of objective criteria that ensure compliance with the principles of transparency , non - discrimination and equal treatment . these criteria should guarantee that tenders are assessed in conditions of effective competition , also where contracting authorities require high - quality works , supplies and services that are optimally suited to their needs , for instance where the chosen award criteria include factors linked to the production process . as a result , contracting authorities should be allowed to adopt as award criteria either ‘ the most economically advantageous tender’ or ‘ the lowest cost’ , taking into account that in the latter case they are free to set adequate quality standards by using technical specifications or contract performance conditions . ### contracts should be awarded on the basis of objective criteria that ensure compliance with the principles of transparency , non - discrimination and equal treatment . these criteria should guarantee that tenders are assessed in conditions of effective competition , at the same time ensuring that contracting authorities may require high - quality works , supplies and services that are optimally suited to their needs , for instance where the chosen award criteria include factors linked to the production process .


### member states may reserve the right to participate in public procurement procedures to sheltered workshops and economic operators whose main aim is the social and professional integration of disabled and disadvantaged workers or provide for such contracts to be performed in the context of sheltered employment programmes , provided that more than 30% of the employees of those workshops , economic operators or programmes are disabled or disadvantaged workers . ### member states may reserve the right to participate in public procurement procedures to sheltered workshops and economic operators whose main aim is the social and professional integration of disabled and disadvantaged workers or provide for such contracts to be performed in the context of sheltered employment programmes , provided that more than 30% of the employees of those workshops , economic operators or programmes are disabled and / or disadvantaged persons . ' disadvantaged persons ' includes amongst others : the unemployed , people experiencing particular difficulty in achieving integration , people at risk of exclusion , members of vulnerable groups and members of disadvantaged minorities .


### the term of a framework agreement shall not exceed four years , save in exceptional cases duly justified , in particular by the subject of the framework agreement . ### the term of a framework agreement shall not exceed six years , save in exceptional cases duly justified , in particular by the subject of the framework agreement . the term of a framework agreement regarding the maintenance is based on the lifecycle of the work or supply .


### contracting authorities may use electronic auctions , in which new prices , revised downwards , and / or new values concerning certain elements of tenders are presented . ### only for standardised services and supplies , contracting authorities may use electronic auctions , in which new prices , revised downwards , and / or new values concerning certain elements of tenders are presented .


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


### the most economically advantageous tender referred to in point of paragraph 1 from the point of view of the contracting authority shall be identified on the basis of criteria linked to the subject - matter of the public contract in question . those criteria shall include , in addition to the price or costs referred to in point of paragraph 1 , other criteria linked to the subject - matter of the public contract in question , such as : ### the most economically advantageous tender referred to in paragraph 1 from the point of view of the contracting authority shall be identified on the basis of criteria linked to the subject - matter of the public contract in question . those criteria shall include , in addition to the price or costs referred to in point of paragraph 1 , other criteria linked to the subject - matter of the public contract in question , such as :


### the notices referred to in paragraphs 1 and 2 shall contain the information referred to in annexes vi part h and i , in accordance with the standard forms . ### the notices referred to in paragraph 2 shall contain the information referred to in annexes vi part i .


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


### the participant guarantee fund set up under regulation no 1906 / 2006 / ec of the european parliament and of the council of 18 december 2006 laying down the rules for the participation of undertakings , research centres and universities in actions under the seventh framework programme and for the dissemination of research results 14 and managed by the commission has proved to be an important safeguard mechanism which mitigates the risks associated to the amounts due and not reimbursed by defaulting participants . therefore , a new participant guarantee fund should be established . in order to ensure a more efficient management and a better coverage of participants ' risk , the fund should cover actions under the programme set up under decision no 1982 / 2006 / ec , under the programme set up by council decision of 18 december 2006 concerning the seventh framework programme of the european atomic energy community for nuclear research and training activities 15 , under the programme set up by council decision [ … ] of x 2011 establishing the framework programme of the european atomic energy community as well as actions under regulation no xx / xx [ horizon 2020 ] and regulation no xx / xx of the council on the research and training programme of the european atomic energy community complementing the horizon 2020 - the framework programme for research and innovation [ euratom h2020 ] 16 . programmes managed by entities other than union bodies should not be covered by the fund . ### the participant guarantee fund set up under regulation no 1906 / 2006 / ec of the european parliament and of the council of 18 december 2006 laying down the rules for the participation of undertakings , research centres , universities and civil society organisations in actions under the seventh framework programme and for the dissemination of research results 14 and managed by the commission has proved to be an important safeguard mechanism which mitigates the risks associated to the amounts due and not reimbursed by defaulting participants . therefore , a new participant guarantee fund should be established . in order to ensure a more efficient management and a better coverage of participants ' risk , the fund should cover actions under the programme set up under decision no 1982 / 2006 / ec , under the programme set up by council decision of 18 december 2006 concerning the seventh framework programme of the european atomic energy community for nuclear research and training activities 15 , under the programme set up by council decision [ … ] of x 2011 establishing the framework programme of the european atomic energy community as well as actions under regulation no xx / xx [ horizon 2020 ] and regulation no xx / xx of the council on the research and training programme of the european atomic energy community complementing the horizon 2020 - the framework programme for research and innovation [ euratom h2020 ] 16 . programmes managed by entities other than union bodies should not be covered by the fund .


### rules governing the exploitation and dissemination of results should be laid down to ensure that the participants protect , exploit and disseminate those results as appropriate , in particular the possibility of additional exploitation conditions in the european strategic interest . ### rules governing the exploitation and dissemination of results should be laid down to ensure that the participants protect , exploit and disseminate those results as appropriate , in particular rules for open access to results and data , or additional exploitation , dissemination or licensing conditions in the european strategic interest , or where predominant global public interests are at stake .


### ' dissemination ‘ means the public disclosure of the results by any appropriate means , including by publishing in any medium ; ### ' dissemination ‘ means the public disclosure of the results by any appropriate means , including by publishing , in any medium , articles presenting the result of research such as scientific publications in peer - reviewed journals ;


### ' legal entity’ means undertakings , research centres and universities , encompassing any natural person , or any legal person created under national law , union law or international law , which has legal personality and which may , acting in its own name , exercise rights and be subject to obligations ; ### ' legal entity’ means undertakings , research centres and universities , encompassing any natural person , or any legal person created under national law , union law or international law , which has legal personality and which may , acting in its own name , exercise rights and be subject to obligations , including non - profit and civil society organisations ;


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


### where appropriate , proposals shall include a draft plan for the exploitation and dissemination of the results . ### where appropriate , proposals shall include a draft plan for the exploitation of the results , whenever exploitation is expected or required as part of the call , as well as a plan for the dissemination of the results , including a data management and sharing plan .


### appropriate measures shall be taken to seek gender balance and geographical diversity when appointing independent experts . ### appropriate measures shall be taken to seek a balance between all interests involved and to seek gender balance and geographical diversity when appointing independent experts . in particular , the commission shall ensure that no special interest represents more than one third of non - governmental experts . appropriate measures shall be taken to prevent the capture of expert groups by private and / or commercial interests .


### the commission or the relevant funding body shall take all necessary steps to ensure that the expert is not faced with a conflict of interests in relation to the matter on which the expert is required to provide an opinion . ### the commission or the relevant funding body shall take all necessary steps to ensure that the expert is not faced with a conflict of interests in relation to the matter on which the expert is required to provide an opinion , including through the publication of their full declaration of professional activities and financial interests , such as patents and shareholdings . stakeholders or persons with conflicts of interests shall be prohibited from sitting ' in a personal capacity ' .


### fair and reasonable compensation shall be provided to the other joint owners . ### compensation shall be fair and reasonable , if compensation is requested from the joint owners for granting non - exclusive licences to third parties to exploit the jointly owned results .


### with regard to dissemination through research publications , open access shall apply under the terms and conditions laid down in the grant agreement . with regard to dissemination of other results , including research data , the grant agreement may lay down the terms and conditions under which open access to such results shall be provided , in particular in erc frontier research or in other appropriate areas . ### with regard to dissemination through research publications , open access shall apply as a default policy , with the aim of free of charge , on - line public access to union - funded research publications as soon as possible , and in any event within six months of publication , in a peer - reviewed scientific journal and under the terms and conditions laid down in the grant agreement . with regard to dissemination of other results , including research data , the grant agreement shall lay down the terms and conditions under which open access to such results shall be provided , in particular in erc frontier research or in other public interest areas such as public health , environment or other major societal interest .


### each participant shall report to the commission or funding body on its exploitation and dissemination related activities . for the purposes of monitoring and dissemination by the commission or funding body , participants shall provide any information and documents useful in accordance with the conditions laid down in the grant agreement . ### each participant shall report to the commission or funding body on its exploitation and dissemination related activities . for the purposes of monitoring and dissemination by the commission or funding body , participants shall provide any information and documents useful in accordance with the conditions laid down in the grant agreement . to ensure transparency , these reports shall be made publicly available .


### at union level , the commission shall act independently in ensuring the production of european statistics according to established rules and statistical principles . in this respect , it shall have the sole responsibility for deciding on processes , statistical methods , standards and procedures , and on the content and timing of statistical releases . ### at union level , the commission shall act independently in ensuring the production of european statistics according to established rules and statistical principles . in this respect , it shall have the key responsibility for deciding on processes , statistical methods , standards and procedures , and on the content and timing of statistical releases , without prejudice to legislative guidance in accordance with article 12 .


### member states shall take all necessary measures to implement the code of practice in order to maintain confidence in their statistics . to this effect , each member state , represented by its government , shall sign and implement a “commitment on confidence in statistics” whereby specific policy commitments are made to implement the code and to establish a national quality assurance framework , including self - assessments and improvement actions . the commitment shall be counter - signed by the commission . ### member states shall take all necessary measures to implement the code of practice in order to maintain confidence in their statistics . to this effect , each member state , represented by its government , shall sign and implement a “commitment on confidence in statistics” whereby specific policy commitments are made to implement the code and to establish a national quality assurance framework , including self - assessments and improvement actions . the commitment shall be counter - signed by the commission , published on the website of the nsi and eurostat , and be accompanied by a ' citizen ' s ' summary .


### · overcoming fragmentation via long - term integrated partnerships and achieving critical mass through its european dimension : building on existing cooperation initiatives , the eit brings the selected partnerships in the kics to a more permanent and strategic level . kics allow world - class partners to unite in new configurations , optimize existing resources , access new business opportunities via new value chains addressing higher risk , and larger scale challenges . moreover , while there are a significant number of centres of excellence across eu member states , they often do not attain the critical mass for global competition individually . the kics ' co - location centres offer strong local actors the opportunity to closely connect to other excellent partners across borders , thereby allowing them to act and be recognized globally . ### · overcoming fragmentation via long - term integrated partnerships and achieving critical mass through its european dimension : building on existing cooperation initiatives , the eit brings the selected partnerships in the kics to a more permanent and strategic level . kics allow world - class partners to unite in new configurations , optimize existing resources and develop open and inclusive innovation models , access new business opportunities via new value chains addressing higher risk , and larger scale challenges . moreover , while there are a significant number of centres of excellence across eu member states , they often do not attain the critical mass for global competition individually . the kics ' co - location centres offer strong local actors the opportunity to closely connect to other excellent partners across borders , thereby allowing them to act and be recognized globally .


### · enhancing the impact of investments on education , research and innovation and testing new ways for innovation governance : the eit acts as a catalyst , adding value to the existing research base , by accelerating the take - up and exploitation of technologies and research outcomes . innovation activities contribute in turn to align and leverage research investments and to make education and training activities more responsive to business needs . to this end , the eit has been equipped with a substantial degree of flexibility to test out new innovation models , allowing for true differentiation in the kics ' governance and funding models and quick adaptation to better cope with emerging opportunities . ### · enhancing the impact of investments on education , research and innovation and testing new ways for innovation governance : the eit acts as a catalyst , adding value to the existing research base , by accelerating the take - up and exploitation of technologies and research outcomes . innovation activities contribute in turn to align and leverage research investments and to make education and training activities more responsive to business needs . to this end , the eit has been equipped with a substantial degree of flexibility to test out new innovation models , allowing for true differentiation in the kics ' governance and funding models and quick adaptation to better cope with emerging opportunities . the eit also has the potential to develop new financing models , such as innovation prizes , allowing to maximize the public returns of the financing of research , ensuring that innovation not only tackles the most urgent needs of society but also can benefit rapidly to european citizens .


### the eit will strongly contribute to the objectives set out in horizon 2020 , in particular by addressing societal challenges in a complementary way to other initiatives in these areas . within horizon 2020 , the eit will be part of the ‘ tackling societal challenges’ objective but following the approach of seamless interaction across objectives , it will also contribute to ‘ industrial leadership and competitive frameworks’ by stimulating results - driven research and fostering the creation of high growth innovative smes . finally , it will contribute to the creation of an ‘ excellent science base’ by fostering mobility across boundaries – of disciplines , sectors and countries – and by embedding entrepreneurship and a risk - taking culture in innovative post - graduates degrees . the eit will thereby significantly contribute to promoting the framework conditions that are needed to realise the innovative potential of eu research and to promote the completion of the european research area . ### the eit will strongly contribute to the objectives set out in horizon 2020 , in particular by addressing societal challenges in a complementary way to other initiatives in these areas . within horizon 2020 , the eit will be part of the ‘ tackling societal challenges’ objective but following the approach of seamless interaction across objectives , it will also contribute to ‘ industrial leadership and competitive frameworks’ by stimulating results - driven research and fostering the creation of high growth innovative smes . finally , it will contribute to the creation of open and inclusive innovation models among an ‘ excellent science base’ by fostering mobility across boundaries – of disciplines , sectors and countries – and by embedding entrepreneurship and a risk - taking culture in innovative post - graduates degrees . the eit will thereby significantly contribute to promoting the framework conditions that are needed to realise the innovative potential of eu research and to promote the completion of the european research area .


### the ' eit investor ' approach stands for a focus on identifying best strategic opportunities and selecting a portfolio of world - class partnerships – the kics – to deliver on these . as part of this approach , the eit awards the annual grants to the kics based on their past performance and proposed activities in their business plan . the assessment of the business plans will be supported by external , independent experts . in this perspective , the eit should not only set out broad directions and visions , but needs to provide kics with an appropriate level of support and monitor their performance . at the same time , kics are given a substantial degree of leeway to define their internal strategies and organisation as well as to deliver their activities and mobilise the talent and resources needed . ### the ' eit investor ' approach stands for a focus on identifying best strategic opportunities and selecting a portfolio of world - class partnerships – the kics – to deliver on these . as part of this approach , the eit awards the annual grants to the kics based on their past performance and proposed activities in their business plan . the assessment of the business plans will be supported by external , independent experts . in this perspective , the eit should not only set out broad directions and visions , but needs to provide kics with an appropriate level of support and monitor their performance . at the same time , kics are given a substantial degree of leeway to define their internal strategies and organisation as well as to deliver their activities and mobilise the talent and resources needed . it can thus promote the establishment of ' patent pools ' for sharing intellectual property rights in order to accelerate research on the basis of payment of adequate compensation to the holders of its rights .


### kics not only build on their partners ' existing excellent research base , but are also the frontrunners for promoting and implementing the eit ' s educational mission . the objective is to educate and train talented people with the skills , knowledge and mindset needed in a global knowledge economy . to this end , the eit actively promotes , inter alia , the eit - labelled degrees by monitoring their quality and coherent implementation across kics . in this endeavour they will make extensive use of peer and expert evaluations , and establish a dialogue with national and quality assurance bodies . this will enhance the national and international recognition of the eit labelled qualifications and raise their attractiveness globally , while providing a platform for collaboration at international level . in the future , kics will be encouraged to expand their educational activities beyond post - graduate education to a greater variety of study modes to cater for a wider range of innovative , professional development activities , involving executive education , tailor - made training courses and summer schools . to enhance the impact of kics ' educational activities and to reach out to a wider audience , kics may envisage the design , on an experimental basis , of modules for undergraduate courses or packages targeted to school education . ### kics not only build on their partners ' existing excellent research base , but are also the frontrunners for promoting and implementing the eit ' s educational mission . the objective is to educate and train talented people with the skills , knowledge and mindset needed in a global knowledge economy . to this end , the eit actively promotes , inter alia , the eit - labelled degrees by monitoring their quality and coherent implementation across kics . in this endeavour a series of quality criteria will be applied by kics for eit - labelled degrees , to ensure the upholding of high academic standards and the reputation of european universities . they will also make extensive use of peer and expert evaluations , and establish a dialogue with national and quality assurance bodies . this will enhance the national and international recognition of the eit labelled qualifications and raise their attractiveness globally , while providing a platform for collaboration at international level . in the future , kics will be encouraged to expand their educational activities beyond post - graduate education to a greater variety of study modes to cater for a wider range of innovative , professional development activities , involving executive education , tailor - made training courses and summer schools . to enhance the impact of kics ' educational activities and to reach out to a wider audience , kics may envisage the design , on an experimental basis , of modules for undergraduate courses or packages targeted to school education .


### the kics will provide an ideal testing ground for new approaches to funding and management of innovation . through kics ' experimentation and experience , the eit will deliver a simplification agenda in key areas such as contractual agreements , simplified reporting , lumps sums and flat rates . ### the kics will provide an ideal testing ground for new approaches to funding and management of innovation . the establishment of innovation prizes associated with specific licensing arrangements can accelerate research in areas of key social importance with a view to obtaining precise scientific and technical answers at short notice . through kics ' experimentation and experience , the eit will deliver a simplification agenda in key areas such as contractual agreements , simplified reporting , lumps sums and flat rates .


### modern society is totally dependent upon access to raw materials . access to affordable materials is essential for the effective functioning of the eu economy . however , the triptych of decreasing finite natural resources , an ever increasing human population , and rapidly increasing levels of consumption in the developing world are putting increasing demands on the planets ' raw materials and natural resources . these factors are some of those responsible for the predicted increase in natural resource consumption during the next decades . ### modern society is totally dependent upon access to raw materials . access to materials is essential for the effective functioning of the eu economy . however , the triptych of decreasing finite natural resources , an ever increasing human population , and rapidly increasing levels of consumption in the developing world are putting increasing demands on the planets ' raw materials and natural resources . these factors are some of those responsible for the predicted increase in natural resource consumption during the next decades .


### as highlighted by the resource - efficiency roadmap and horizon 2020 , we should aim to ensure accessibility and availability of raw materials that is needed for the european economy and for the satisfaction of our well being , whilst achieving a resource efficient economy that meets the needs of a growing population within the ecological limits of a finite planet . ### as highlighted by the resource - efficiency roadmap and horizon 2020 , we should aim to ensure accessibility , availability and sustainable use of raw materials that is needed for the european economy and for the satisfaction of our well being , whilst achieving a resource efficient economy that meets the needs of a growing population within the ecological limits of a finite planet .


### aligning with other eu activities , a kic in this area should concentrate on fostering a knowledge hub and centre of expertise on academic , technical and practical education and research in sustainable surface , subsurface and deep - sea mining , material management , recycling technologies , material substitution and geopolitical trade in raw materials . this would act as a broker and clearing house for european centres of excellence on these related topics and manage a research programme of strategic importance to eu industry . for this reason and in order to maximise the impact of the actions and avoid any duplication with eu activities , including the eip on raw materials , the kic will provide the necessary complement in the areas of human capital for the technology innovative pilot actions for land and marine exploration , extraction and processing , collection and recycling . at the same time it could include targets around becoming a technology pioneer by creating pilot schemes and demonstrators of innovative processes and solutions , involving for example the use of economically attractive and sustainable alternative materials of strategic importance to the eu . it can consequently trigger the expansion of existing markets and creation of new ones , namely in the areas of sustainable extraction and processing , materials management , recycling technologies , and materials substitution . it will be necessary to assess impacts and develop innovative , cost - effective adaptation and risk prevention measures for particularly sensitive habitats , such as the arctic . ### aligning with other eu activities , a kic in this area should concentrate on fostering a knowledge hub and centre of expertise on academic , technical and practical education and research in sustainable surface , subsurface and deep - sea mining , urban mining , landfill mining , material management , recycling technologies , material substitution and open trade as well as global governance in raw materials . this would act as a broker and clearing house for european centres of excellence on these related topics and manage a research programme of strategic importance to eu industry . for this reason and in order to maximise the impact of the actions and avoid any duplication with eu activities , including the eip on raw materials , the kic will provide the necessary complement in the areas of human capital for the technology innovative pilot actions for land and marine exploration , extraction and processing , resource efficient use , collection , recycling and substitution . at the same time it could include targets around becoming a technology pioneer by creating pilot schemes and demonstrators of innovative processes and solutions , involving for example the use of economically attractive and sustainable alternative materials of strategic importance to the eu . it can consequently trigger the expansion of existing markets and creation of new ones , namely in the areas of sustainable extraction and processing , resource efficient materials management , recycling technologies , and materials substitution . it will be necessary to assess impacts and develop innovative , cost - effective adaptation and risk prevention measures for particularly sensitive habitats , such as the arctic .


### a kic in this area would be complementary to these activities since it would focus on transdisciplinary activities within the knowledge triangle with a strong focus on innovative products and services and entrepreneurial education . ### a kic in this area would seek complementarities and synergies with those activities and should focus on trans - disciplinary activities within the knowledge triangle with a strong focus on innovative products and services and entrepreneurial education .


### the scope of this directive should be confined to the management of collective investment undertakings which raise capital from a number of investors with a view to investing it in accordance with a defined investment policy on the principle of risk - spreading for the benefit of those investors . this directive should not apply to the management of pension funds or managers of non - pooled investments such as endowments , sovereign wealth funds or assets hold on own account by credit institutions , insurance or reinsurance undertakings . this directive should neither apply to actively managed investments in the form of securities , such as certificates , managed futures , or index - linked bonds . it should , however , cover managers of all collective investment undertakings which are not required to be authorised as ucits . investment firms authorised under directive 2004 / 39 / ec on markets in financial instruments should not be required to obtain an authorisation under this directive in order to provide investment services in respect of aif . investment firms can however only provide investment services in respect of aif , if and to the extent the units or shares thereof can be marketed in accordance with this directive . ### the scope of this directive should be confined to collective investment undertakings which raise capital from a number of investors with a view to investing it in accordance with a defined investment policy for the benefit of those investors . this directive should not apply to non - pooled investments such as endowments , sovereign wealth funds or assets held on own account by credit institutions , insurance or reinsurance undertakings , and pension funds . this directive should neither apply to actively managed investments in the form of securities , such as certificates , managed futures , or index - linked bonds . it should , however , cover all collective investment undertakings which are not required to be authorised as ucits . investment firms authorised under directive 2004 / 39 / ec on markets in financial instruments10 should not be required to obtain an authorisation under this directive in order to provide investment services in respect of aif . investment firms can however only provide investment services in respect of aif , if and to the extent the units or shares thereof can be marketed in accordance with this directive .


### given that aifm employing high levels of leverage in their investment strategies may , under certain conditions , contribute to the build up of systemic risk or disorderly markets , special requirements should be imposed on aifm using certain techniques giving rise to particular risks . the information needed to detect , monitor and respond to those risks has not been collected in a consistent way throughout the community , and shared across member states so as to identify potential sources of risk to the stability of financial markets in the community . to remedy this situation , special requirements should apply to aifm , which consistently use high levels of leverage in their investment strategies . those aifm should be obliged to disclose information regarding their use and sources of leverage . that information should be aggregated and shared with other authorities in the community , so as to facilitate a collective analysis of the impact of the leverage of those aifm on the financial system in the community , as well as a common response . ### given that aif employing leverage may , under certain conditions , contribute to the build up of systemic risk or disorderly markets , special requirements should be imposed on aif using certain techniques giving rise to particular risks . the information needed to detect , monitor and respond to those risks has not been collected in a consistent way throughout the union , and shared across member states so as to identify potential sources of risk to the stability of financial markets in the union . to remedy this situation , special requirements should apply to aif , which consistently use high levels of leverage in their investment strategies . those aif should be obliged to disclose information regarding their use and sources of leverage . that information should be aggregated and shared with other authorities in the union , so as to facilitate a collective analysis of the impact of the leverage of those aif on the financial system in the union , as well as a common response . the european systemic risk board and the european securities and market authority will be responsible for monitoring the systemic risks created by aif .


### in particular the commission should be empowered to adopt the measures necessary for the implementation of this directive . in this respect , the commission should be able to adopt measures determining the procedures under which aifm managing portfolios of aif whose assets under management do not exceed the threshold set out in this directive may exercise their right to be treated as aifm covered by this directive . these measures are also designed to specify the criteria to be used by competent authorities to assess whether aifm comply with their obligations as regards their conduct of business , the type of conflicts of interests aifm have to identify , as well as the reasonable steps aifm are expected to take in terms of internal and organizational procedures in order to identify , prevent , manage and disclose conflicts of interest . they are designed to specify the risk management requirements to be employed by aifm as a function of the risks which the aifm incurs on behalf of the aif that it manages as well as any arrangements needed to enable aifm to manage the particular risks associated with short selling transactions , including any relevant restrictions that might be needed to protect the aif from undue risk exposures . they are designed to specify the liquidity management requirements of this directive and in particular the minimum liquidity requirements for aif . they are designed to specify the requirements that originators of securitisation instruments have to meet in order for an aifm to be allowed to invest in such instruments issued after 1 january 2011 . they are as well designed to specify the requirements that aifm have to comply with when investing in such securitisation instruments . they are designed to specify the criteria under which a valuator can be considered independent in the meaning of this directive . they are designed to specify the conditions under which the delegation of aifm functions should be approved and the conditions under which the manager could no longer be considered to be the manager of the aif in case of excessive delegation . they are designed to specify the content and format of the annual report that aifm have to make available for each aif they manage and to specify the disclosure obligations of aifm to investors and reporting requirements to competent authorities as well as their frequency . they are designed to specify the disclosure requirements imposed on aifm as regards leverage and the frequency of reporting to competent authorities and of disclosure to investors . they are designed to setting limits to the level of leverage aifm can employ when managing aif they are designed to determine the detailed content and the way aifm acquiring controlling influence in issuers and non - listed companies should fulfil their information obligation towards issuers and non - listed companies and their respective shareholders and representatives of employees , including the information to be provided in the annual reports of the aif they manage . they are designed to specify the types of restrictions or conditions that can be imposed on the marketing of aif to professional investor in the home member state of the aifm . they are designed to specify general criteria for assessing equivalence of valuation standards of third countries where the valuator is established in a third country , the equivalence of legislation of third countries regarding depositaries and , for the purpose of the authorisation of aifm established in third countries , the equivalence of prudential regulation and ongoing supervision . they are designed to specify general criteria for assessing whether third countries grant community aifm effective market access comparable to that granted by the community to aifm from third countries . they are designed to specify the modalities , content and frequency of exchange of information regarding aifm between the competent authorities of the home member state of the aifm and other competent authorities where the aifm individually or collectively with other aifm may have an impact on the stability of systemically relevant financial institutions and the orderly functioning of markets . they are designed to specify the procedures for on - the - spot verifications and investigations . ### in particular the commission should be empowered to adopt delegated acts necessary for the implementation of this directive in accordance with article 290 of the treaty designed to specify the criteria to be used by competent authorities to assess whether aifm comply with their obligations as regards their conduct of business , the type of conflicts of interests aifm have to identify , as well as the reasonable steps aifm are expected to take in terms of internal and organisational procedures in order to identify , prevent , manage and disclose conflicts of interest . they should also be designed to specify the risk management requirements to be employed by aifm as a function of the risks which the aifm incurs on behalf of the aif that it manages as well as any arrangements needed to enable aifm to manage the particular risks associated with short selling transactions , including any relevant restrictions that might be needed to protect the aif from undue risk exposures . they should also be designed to specify the liquidity management requirements of this directive and in particular the minimum liquidity requirements for aif . they should also be designed to specify the requirements that originators of securitisation instruments have to meet in order for an aif to be allowed to invest in such instruments issued after 1 january 2011 . they should also be designed to specify the requirements that aif have to comply with when investing in such securitisation instruments . they should also be designed to specify the criteria under which a valuator can be considered independent in the meaning of this directive . they should also be designed to specify the conditions under which the delegation of aifm functions should be approved and the conditions under which the manager could no longer be considered to be the manager of the aif in case of excessive delegation . they should also be designed to specify the content and format of the annual report that aif have to make available and to specify the disclosure obligations of aifm to investors and reporting requirements to competent authorities as well as their frequency . they should also be designed to specify the disclosure requirements imposed on aif as regards leverage and the frequency of reporting to competent authorities and of disclosure to investors . they should also be designed to setting limits to the level of leverage aif can employ . they should also be designed to determine the detailed content and the way aif acquiring controlling influence in issuers and non - listed companies should fulfil their information obligation towards issuers and non - listed companies and their respective shareholders and representatives of employees , including the information to be provided in the annual reports of the aif they manage . they should also be designed to specify the types of restrictions or conditions that can be imposed on the marketing of aif to professional investor in the home member state of the aifm . they should also be designed to specify general criteria for assessing equivalence of valuation standards of third countries where the valuator is established in a third country , the equivalence of legislation of third countries regarding depositaries and , for the purpose of the authorisation of aif established in third countries , to specify general criteria for assessing an effective tax and prudential cooperation . they should also be designed to specify general criteria for assessing whether third countries grant union aifm effective market access comparable to that granted by the union to aifm from third countries . they should also be designed to specify the modalities , content and frequency of exchange of information regarding aif and aifm between the european stability risk board , the european securities and market authority and the competent authorities of the home member state of the aif and aifm where the aif and aifm individually or collectively with other aif and aifm may have an impact on the stability of systemically relevant financial institutions and the orderly functioning of markets . they should also be designed to specify the procedures for on - the - spot verifications and investigations .


### aifm shall , before implementation , notify the competent authorities of the home member state of any change regarding the information provided in their initial application that may substantially affect the conditions under which the authorisation has been granted , in particular changes of the investment strategy and policy of any aif managed by it , of the aif rules or instruments of incorporation and the identity of any further aif the aifm intends to manage . ### aifm shall , before implementation , notify the competent authorities of any change regarding the information provided in their initial application that may substantially affect the conditions under which the authorisation has been granted to an aif , in particular changes of the investment strategy and policy , of the aif rules or instruments of incorporation .


### the depositary shall be a credit institution having its registered office in the community and be authorised in accordance with directive 2006 / 48 / ec of the european parliament and council of 14 june 2006 relating to the taking up and pursuit of the business of credit institutions . ### for aifm established in the union wherever the authorised aif is domiciled , the depositary shall be a credit institution having its registered office in the union and be authorised in accordance with directive 2006 / 48 / ec . for aifm established in a third country , the depositary shall be a regulated credit institution in that third country .


### in order to ensure the stability and integrity of the financial system , the commission shall adopt implementing measures setting limits to the level of leverage aifm can employ . these limits should take into account , inter alia , the type of aif , their strategy and the sources of their leverage . those measures designed to amend non - essential elements of this directive by supplementing it , shall be adopted in accordance with the regulatory procedure with scrutiny referred to in article 49 . ### in order to ensure the stability and integrity of the financial system , the esma shall have the power to set limits to the level of leverage that aif can employ . these limits should take into account , inter alia , the type of aif , their strategy and the sources of their leverage .


### where , following an acquisition of 30 % or more of the voting rights of an issuer , the shares of that issuer are no longer admitted to trading on a regulated market , it shall nevertheless continue to comply with its obligations under directive 2004 / 109 / ec for two years from the date of withdrawal from the regulated market . ### where , following the acquisition of a controlling influence of an issuer , the shares of that issuer are no longer admitted to trading on a regulated market , it shall nevertheless continue to comply with its obligations under directive 2004 / 109 / ec for two years from the date of withdrawal from the regulated market .


### the coordination of national provisions concerning the presentation and content of annual financial statements and management reports , the measurement bases , used therein and their publication in respect of certain undertakings with limited liability is of special importance for the protection of shareholders , members and third parties . simultaneous coordination is necessary in those fields for such forms of undertaking because , on the one hand , some undertakings operate in more than one member state and , on the other hand , they offer no safeguards to third parties beyond the amounts of their net assets . ### the coordination of national provisions concerning the presentation and content of annual financial statements and management reports , the measurement bases , used therein and their publication in respect of certain undertakings with limited liability is of special importance for the protection of shareholders , members and third parties . simultaneous coordination is necessary in those fields for such forms of undertaking because , on the one hand , some undertakings operate in more than one member state and , on the other hand , they could affect third parties beyond the amounts of their net assets .


### the reports should serve to facilitate governments of resource - rich countries in implementing the eiti principles and criteria and account to their citizens for payments such governments receive from undertakings active in the extractive industry or loggers of primary forests operating within their jurisdiction . the report should incorporate disclosures on a country and project basis , where a project is considered as the lowest level of operational reporting unit at which the undertaking prepares regular internal management reports , such as a concession , geographical basin , etc and where payments have been attributed to such projects . in the light of the overall objective of promoting good governance in these countries , the materiality of payments to be reported should be assessed in relation to the recipient government . various criteria on materiality could be envisaged such as payments of an absolute amount , or a percentage threshold and these can be defined through a delegated act . the reporting regime should be subject to a review and a report by the commission within five years of the entry into force of the directive . the review should consider the effectiveness of the regime and take into account international developments including issues of competitiveness and energy security . the review should also take into account the experience of preparers and users of the payments information and consider whether it would be appropriate to include additional payment information such as effective tax rates and recipient details , such as bank account information . ### in the reports by large undertakings and public interest entities which are active in the extractive industry or logging of primary forests payments to governments should also be disclosed on a project basis , where project is equivalent to the contract , licence , lease , concession or other legal agreement which gives rise to a company ' s tax and revenue liabilities in each country where it operates ; where any payment liabilities are incurred on a different basis , disclosure should be on that basis . however , the disclosure requirements on a project basis should be limited to projects for which the total amount of payments exceeds eur 50 000 . the reports should include types of payments comparable to those disclosed by an undertaking participating in the extractive industries transparency initiative . the initiative is also complementary to the eu flegt action plan 1 and the timber regulation2 which require traders of timber products to exercise due diligence in order to prevent illegal wood from entering into the eu market . the reports should serve to facilitate governments of resource - rich countries in implementing the eiti principles and criteria and account to their citizens for payments such governments receive from undertakings active in the extractive industry or loggers of primary forests operating within their jurisdiction . ______________ 1 http : / / eur - lex . europa . eu / lexuriserv / lexuriserv . do ? uri=oj : l : 2005 : 347 : 0001 : 0006 : en : pdf 2 regulation no 995 / 2010 of the european parliament and of the council of 20 october 2010 . companies that import wood products under eu voluntary agreements will be exempt from this requirement .


### the report referred to in article 37 and the consolidated report referred to in article 39 on payments to governments shall be published as laid down by the laws of each member state in accordance with chapter 2 of directive 2009 / 101 / ec . ### the report referred to in article 37 and the consolidated report referred to in article 39 on payments to governments shall be published as laid down by the laws of each member state in accordance with chapter 2 of directive 2009 / 101 / ec . in addition , esma shall compile the data for public access on the basis of the public reports referred to in article 37 and article 39 . the information will be available online and electronically tagged by key analytical categories .


### the commission shall review and report on the implementation and effectiveness of this chapter , in particular as regards the scope of the reporting obligations and the modalities of the reporting on a project basis . the review should also take into account international developments and consider the effects on competitiveness and security of energy supply . it should be completed at the latest five years after the date of entry into force of this directive . the report shall be submitted to the european parliament and the council , together with a legislative proposal , if appropriate . ### the commission shall review and report on the implementation and effectiveness of this chapter , in particular as regards the scope of the reporting obligations and the modalities of the reporting on a project basis . the review shall also take into account international developments , in particular in the united states , consider the effects on competitiveness and security of energy supply and consider the possible impact of national legislation baring the disclosure of payments to governments . it should also consider whether the reporting obligations for undertakings which are active in the extractive industry or logging of primary forests should be extended to certain other industries , including in particular fisheries , large - scale energy production and construction . the review should be completed at the latest four years after the date of entry into force of this directive . the report shall be submitted to the european parliament and the council , together with a legislative proposal , if appropriate .


### the commission shall review and report on the implementation and effectiveness of this chapter , in particular as regards the scope of the reporting obligations and the modalities of the reporting on a project basis . the review should also take into account international developments and consider the effects on competitiveness and security of energy supply . it should be completed at the latest five years after the date of entry into force of this directive . the report shall be submitted to the european parliament and the council , together with a legislative proposal , if appropriate . ### the commission shall review and report on the implementation and effectiveness of this chapter , in particular as regards the scope of the reporting obligations and the modalities of the reporting on a project basis . the review should also take into account international developments and consider the effects on competitiveness and security of energy supply . it should also consider whether the reporting obligations for undertakings which are active in the extractive industry or logging of primary forests should be extended to the fishery industry . the review should be completed at the latest four years after the date of entry into force of this directive . the report shall be submitted to the european parliament and the council , together with a legislative proposal , if appropriate .


### improving access to financing for smes , including smes from the union investing in the regions covered by this decision , can play an essential role in stimulating economic development and in combating unemployment . in order to effectively reach out to smes , the eib should cooperate with local financial intermediary institutions in the eligible countries , in particular to ensure that part of the financial benefits is passed on to their clients and provide added value compared to other sources of finance . ### improving access to financing for smes , including smes from the union investing in the regions covered by this decision , can play an essential role in stimulating economic development and in combating unemployment . in order to effectively reach out to smes , the eib should cooperate with local financial intermediary institutions in the eligible countries , which should be embedded in the local economy and contribute to the employment of the local population , in particular to ensure that part of the financial benefits is passed on to their clients and provide added value compared to other sources of finance . through its cooperation agreements with those intermediary institutions , the eib should make sure that their client ' s projects can be checked against criteria which reflect the union ' s development goals and the bank ' s standards . the financial intermediaries ' activities in support of smes should be fully transparent and checked regularly by the eib .


### the eib should continue to finance investment projects in the areas of social , environmental and economic infrastructure , and should consider increasing its activity in support of health and education infrastructure when there is clear added value in doing so . ### the eib should continue to finance investment projects in the areas of social , environmental and economic infrastructure , especially in the sector of renewable energy , and should consider increasing its activity in support of health and education infrastructure when there is clear added value in doing so .


### the maximum ceiling of the eib financing operations under eu guarantee throughout the period 2014 - 2020 shall not exceed eur 28 000 000 000 . amounts cancelled shall not count against the ceiling . ### the maximum ceiling of the eib financing operations under eu guarantee throughout the period 2014 - 2020 shall not exceed eur 30 000 000 000 . amounts cancelled shall not count against the ceiling .


### eib financing operations supporting the objectives provided for in paragraph 1 shall support investment projects in climate change mitigation and adaptation which contribute to the overall objective of the united nations framework convention on climate change , in particular by avoiding or reducing greenhouse gas emissions in the areas of renewable energy , energy efficiency and sustainable transport , or by increasing resilience to the adverse impacts of climate change on vulnerable countries , sectors and communities . over the period covered by the decision , the volume of these operations shall represent at least 25% of total eib financing operations . ### eib financing operations supporting the objectives provided for in paragraph 1 shall support investment projects in climate change mitigation and adaptation which contribute to the overall objective of the united nations framework convention on climate change , in particular by avoiding or reducing greenhouse gas emissions in the areas of renewable energy , energy efficiency and sustainable transport . the eligibility criteria for climate action projects shall be further defined in the next revision of the regional operational technical guidelines , after thorough public consultations , and be reflected in the climate change strategy of the bank during the midterm review of this decision . over the period covered by the decision , the volume of these operations shall represent at least 33% of total eib financing operations .


### in line with union and international climate change objectives , before the end of 2016 , the eib , in cooperation with the commission and following a public consultation , shall update its climate change strategy as regards eib financing operations . ### in line with union and international climate change objectives , before the end of 2014 , the eib , in cooperation with the commission and following a public consultation , shall update its climate change strategy as regards eib financing operations . this update shall inter alia integrate concrete actions to phase out financing projects detrimental to the achievement of eu ' s climate objectives and step up efforts to support renewable energy sources and energy efficiency .


### pre - accession countries : eur 8 400 000 000 ; ### pre - accession countries : eur 9 072 000 000 ;


### asia : eur 1 200 000 000 ; ### asia : eur 1 296 000 000 ;


### central asia : eur 250 000 000 ### central asia : eur 270 000 000


### south africa : eur 600 000 000 . ### south africa : eur 648 000 000 .


### bangladesh , brunei , cambodia , china , india , indonesia , iraq , laos , malaysia , maldives , mongolia , myanmar , nepal , pakistan , philippines , singapore , south korea , sri lanka , thailand , vietnam , yemen ### bangladesh , bhutan , brunei , cambodia , china , india , indonesia , iraq , laos , malaysia , maldives , mongolia , myanmar , nepal , pakistan , philippines , singapore , south korea , sri lanka , thailand , vietnam , yemen


### on duly justified imperative grounds of urgency , such as crises , post crisis and fragility situations or threats to democracy , the rule of law , human rights or fundamental freedoms , the commission may adopt immediately applicable implementing acts , including amendments to existing action programmes and measures , in accordance with the procedure referred to in article 15 . ### on duly justified imperative grounds of urgency , such as crises , post crisis and fragility situations or threats to democracy , the rule of law , human rights or fundamental freedoms , the commission may adopt immediately applicable special measures , including amendments to existing action programmes and measures , in accordance with the procedure referred to in article 15 .


### an indicative example of the total cost of credit for the consumer and annual percentage rate of charge ; ### an indicative example of the total cost of credit for the consumer and annual percentage rate of charge , if applicable under the different assumptions as defined in article 12 ;


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


### calculation of the annual percentage rate of charge ### calculation of the annual percentage rate of charge or cost scenarios


### disclosure obligation on the part of the consumer ### disclosure on the part of the consumer


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


### member states shall ensure that in cases where the consumer chooses not to provide the information necessary for an assessment of his creditworthiness , the creditor or credit intermediary warns the consumer that they are unable to carry out a creditworthiness assessment and therefore that the credit may not be granted . this warning may be provided in a standardised format . ### member states shall ensure that in cases where the consumer chooses not to provide the information necessary for an assessment of his creditworthiness , the creditor or credit intermediary warns the consumer that they are unable to carry out a creditworthiness assessment and therefore that the credit may not be granted . this warning may be provided in a standardised format . in those cases the creditor should not be liable for an inaccurate creditworthiness assessment .


### member states shall ensure that appropriate and effective complaints and redress procedures are established for the out - of - court settlement of disputes concerning rights and obligations established under this directive between creditors and consumers and between credit intermediaries and consumers , using existing bodies where appropriate . member states shall further ensure that all creditors and credit intermediaries adhere to one or more such bodies implementing such complaint and redress procedures . ### member states shall ensure that appropriate , independent , balanced and effective complaints and redress procedures are established for the out - of - court settlement of disputes concerning rights and obligations established under this directive between creditors and consumers and between credit intermediaries and consumers . existing bodies may be used if they are neutrally set , balanced , free of charge for consumers and appropriate . member states shall further ensure that all creditors and credit intermediaries adhere to one or more such bodies implementing such complaint and redress procedures .


### in line with principle no 1 of those common basic principles , in order to limit the risks of segregation , housing interventions for marginalised communities should take place in the framework of an integrated approach , which includes actions , in particular , in the fields of education , health , social affairs , employment and security . ### in line with principle no 1 of those common basic principles , in order to limit the risks of segregation , housing interventions for marginalised communities should take place in the framework of an integrated approach , which includes actions , in particular , in the fields of education , health , social affairs , employment and security and which guarantees by means of social support that these communities remain in their housing after the renovation operation .


### expenditure on housing , except for energy efficiency and the use of renewable energy as set out in paragraph 1a , shall be eligible only for those member states that acceded to the european union on or after 1 may 2004 , where the following conditions are met : expenditure shall be programmed within one of the following frameworks : the framework of an integrated urban development approach for areas experiencing or threatened by physical deterioration and social exclusion ; the framework of an integrated approach for marginalised communities . the allocation to housing expenditure shall be either a maximum of 3 % of the erdf allocation to the operational programmes concerned or 2 % of the total erdf allocation . ### expenditure on housing , except for energy efficiency and the use of renewable energy as set out in paragraph 1a , shall be eligible , where the following conditions are met : expenditure shall be programmed within one of the following frameworks : the framework of an integrated urban development approach for areas experiencing or threatened by physical deterioration and social exclusion ; the framework of an integrated approach for marginalised communities . the allocation to housing expenditure shall be either a maximum of 3 % of the erdf allocation to the operational programmes concerned or 2 % of the total erdf allocation .


### for the purposes of point of the first subparagraph , interventions may include the replacement of existing housing by newly constructed houses . ### for the purposes of points and of the first subparagraph , interventions may include the renovation and the substitution of existing housing by newly constructed houses .


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


### in order to permit adaptation to technical and scientific progress of directive 2009 / 28 / ec , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the list of biofuel feedstocks that are counted multiple times towards the target set in article 3 , the energy content of transport fuels , criteria and geographic ranges for determining highly biodiverse grassland , the methodology for the calculation of indirect land - use change emissions , and the methodological principles and values necessary for assessing whether sustainability criteria have been fulfilled in relation to biofuels and bioliquids . ### in order to permit adaptation to technical and scientific progress of directive 2009 / 28 / ec , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the list of biofuel feedstocks that are counted multiple times towards the target set in article 3 , the energy content of transport fuels , rules concerning compliance with the waste hierarchy , criteria and geographic ranges for determining highly biodiverse grassland , the methodology for the calculation of indirect land - use change emissions , and the methodological principles and values necessary for assessing whether sustainability criteria have been fulfilled in relation to biofuels and bioliquids .


### member states shall ensure that no raw materials are intentionally modified to be covered by categories to . ### materials that have been intentionally modified to count as waste shall not be covered by categories to . member states shall ensure that when fraud is detected , appropriate action is taken .


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


### the full consistency between the union multilateral surveillance framework established by the treaty and the possible policy conditions attached to this financial assistance should be enshrined in union law . the economic and financial integration of the member states whose currency is the euro calls for a reinforced surveillance to prevent a contagion from a member state experiencing difficulties with respect to its financial stability to the rest of the euro area . ### the full consistency between the union multilateral surveillance framework established by the treaty and the possible policy conditions attached to this financial assistance should be enshrined in union law . the economic and financial integration of the member states whose currency is the euro calls for a reinforced surveillance to prevent a contagion from a member state experiencing difficulties with respect to its financial stability to the rest of the euro area and more broadly to the union as a whole .


### the intensity of the economic and fiscal surveillance should be commensurate to the severity of the financial difficulties encountered and should take due account of the nature of the financial assistance received , which may range from a mere precautionary support based on eligibility conditions up to a full macro - economic adjustment programme involving strict policy conditionality . ### the intensity of the economic and fiscal surveillance should be commensurate and proportionate to the severity of the financial difficulties encountered and should take due account of the nature of the financial assistance received , which may range from a mere precautionary support based on eligibility conditions up to a full macro - economic adjustment programme involving strict policy conditionality .


### a member state whose currency is the euro should be subject to enhanced surveillance when it is experiencing - or at risk of experiencing - severe financial disturbance , with a view to ensuring its swift return to a normal situation and to protecting the other euro area member states against possible negative spill over effects . this enhanced surveillance should include a wider access to the information needed for a close monitoring of the economic , fiscal and financial situation and a regular reporting to the economic and financial committee or to any sub - committee the latter may designate for that purpose . the same modalities of surveillance should apply to member states requesting precautionary assistance from the european financial stability facility , the european stability mechanism the international monetary fund or another international financial institution . ### a member state whose currency is the euro should be subject to enhanced surveillance when it is experiencing - or at risk of experiencing - severe financial disturbance , with a view to ensuring its swift return to a normal situation and to protecting the other euro area member states against possible negative spill over effects . the decision to subject a member state to enhanced surveillance should be an implementing measure triggering enhanced surveillance and should be based on an exhaustive assessment of objective criteria and indicators , including esrb warnings , the monitoring of indicators of the scoreboard referred to in regulation no 1176 / 2011 , as well as the reports referred to in regulation no . . . / 2012 of the european parliament and of the council of . . . [ on common provisions for monitoring and assessing draft budgetary plans and ensuring the correction of excessive deficit of the member states in the euro area ] . the indicators should also ensure that such member states make strategic investments in productive capacity that will enable them to promote medium - and long - term economic growth and restoration of sustainable levels of debt . enhanced surveillance should include a wider access to the information needed for a close monitoring of the economic , fiscal and financial situation and a regular reporting to the relevant committee of the european parliament , the economic and financial committee , the euro working group or to any sub - committee the latter may designate for that purpose . the same modalities of surveillance should apply to member states requesting precautionary assistance from the european financial stability facility , the european stability mechanism , the european financial stability mechanism , the international monetary fund or another international financial institution .


### the surveillance of the economic and fiscal situation should be strongly reinforced for member states under macro - economic adjustment programme . because of the comprehensive nature of the latter , the other processes of economic and fiscal surveillance should be suspended for the duration of the macro - economic adjustment programme , with a view to avoiding a duplication of reporting obligations . ### the surveillance of the economic and fiscal situation should be strongly reinforced for member states under macro - economic adjustment programme . because of the comprehensive nature of the latter , the other processes of economic and fiscal surveillance should be suspended or in some cases streamlined for the duration of the macro - economic adjustment programme , with a view to ensuring consistency of economic policy surveillance and avoiding a duplication of reporting obligations .


### the commission may decide to make a member state experiencing severe difficulties with regard to its financial stability subject to enhanced surveillance . the member state concerned shall be given the possibility to express its views beforehand . the commission shall decide every six months whether to prolong the enhanced surveillance . ### on the basis of objective criteria and indicators , including esrb warnings , the monitoring of indicators of the scoreboard referred to in regulation no 1176 / 2011 , as well as the reports referred to in regulation no . . . / 2012 of the european parliament and of the council of . . . [ on common provisions for monitoring and assessing draft budgetary plans and ensuring the correction of excessive deficit of the member states in the euro area ] , the commission may decide to make a member state experiencing severe difficulties with regard to its financial stability subject to enhanced surveillance . the member state concerned shall be given the possibility to express its views beforehand . the commission shall decide every six months whether to prolong the enhanced surveillance . the decision shall be deemed to be adopted by the council unless it decides , by qualified majority , to reject the commission ' s recommendation within 10 days of the commission ' s adoption thereof .


### the commission shall decide to make a member state receiving a financial assistance on a precautionary basis from one or several other states , the efsf , the esm or any other international financial institution , such as the imf , subject to enhanced surveillance . the commission shall establish a list of the precautionary financial assistance instruments concerned and keep it updated to take into account possible changes in the financial support policy of the efsf , esm or of any other relevant international financial institution . ### the commission shall decide to make a member state requesting access to or receiving a financial assistance on a precautionary basis from one or several other states , the efsf , the esm or any other international financial institution , such as the imf , subject to enhanced surveillance . the commission shall establish a list of the precautionary financial assistance instruments concerned and keep it updated to take into account possible changes in the financial support policy of the efsf , esm or of any other relevant international financial institution . the decision shall be deemed to be adopted by the council unless it decides , by qualified majority , to reject the commission ' s recommendation within 10 days of the commission ' s adoption thereof .


### the relevant committee of the european parliament may invite representatives of the member state concerned to participate to an exchange of views ; ### the relevant committee of the european parliament may invite representatives of the member state and the respective national parliament concerned to participate to an exchange of views in the framework of the european semester ;


### a member state wishing to obtain financial assistance from one or several other states , the efsf , the esm , the international monetary fund or another institution outside of the union framework shall immediately inform the council , the commission and the ecb of its intention . the efc , or any subcommittee the latter may designate for that purpose , shall hold a discussion on this envisaged request , after having received an assessment from the commission . ### a member state intending to request financial assistance from one or several other member states , the efsf , the efsm , the esm , the international monetary fund or another institution outside of the union framework shall immediately inform the council , the european parliament , the member state parliament , the commission and the ecb of its intention . the efc , the emco , the euro working group or any subcommittee the latter may designate for that purpose , shall hold a discussion on this envisaged request , after having received an assessment from the commission . the president of the euro summit shall participate in an exchange of view in the european parliament on the situation of the member state concerned and its implications for the euro area as a whole .


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


### a member state receiving financial assistance from one or several other states , the imf , the efsf or the esm shall prepare in agreement with the commission - acting in liaison with the ecb - a draft adjustment programme aimed at re - establishing a sound and sustainable economic and financial situation and restoring its capacity to finance itself fully on the financial markets . the draft adjustment programme shall take due account of the current recommendations addressed to the member state concerned under articles 121 , 126 and / or 148 of the treaty - and its actions to comply with them - while aiming at broadening , strengthening and deepening the required policy measures . ### a member state requesting financial assistance from one or several other member states , the imf , the efsf , the efsm or the esm shall prepare in agreement with the commission - acting in liaison with the ecb and wherever appropriate the imf - a draft adjustment programme aimed at re - establishing a sound and sustainable economic and financial situation and restoring its capacity to finance itself fully on the financial markets . the draft macroeconomic adjustment programme shall be based on the assessment of the sustainability of the government debt and shall take due account of the current recommendations addressed to the member state concerned under articles 121 , 126 and / or 148 tfeu - and its actions to comply with them - while aiming at broadening , strengthening and deepening the required policy measures .


### the commission , in liaison with the ecb , shall monitor the progress made in the implementation of the adjustment programme and inform every three months the efc or any subcommittee the latter may designate for that purpose . the member state concerned shall give the commission its full cooperation . it shall in particular provide to the commission all the information that the latter deems necessary for the monitoring of the programme . article 3 shall apply . ### the commission , in liaison with the ecb , shall monitor the progress made in the implementation of the adjustment programme and inform every three months the efc , the emco and the euro working group or any subcommittee the latter may designate for that purpose , as well as the parliament of the member state concerned and the relevant committee of the european parliament . the member state concerned shall give the commission its full cooperation . it shall in particular provide to the commission all the information that the latter deems necessary for the monitoring of the programme . article 3 shall apply .


### the commission - in liaison with the ecb - shall examine with the member state concerned the changes that may be needed to its adjustment programme . the council , acting by a qualified majority on a proposal from the commission , shall decide on any change to be made to the adjustment programme . ### the commission - in liaison with the ecb and whenever appropriate the imf , - shall examine with the member state concerned the changes and updates that may be needed to its adjustment programme in order to take proper account of inter alia any significant gap between macroeconomic forecasts and realized figures , negative spill - over effects as well as macroeconomic and financial shocks . the council , acting by qualified majority on a proposal from the commission , shall approve the changes made to the adjustment programme as agreed by the commission and the member state concerned .


### if the monitoring referred to in paragraph 3 highlights significant deviations from the macro - economic adjustment programme , the council , acting by qualified majority on a proposal from the commission , may decide that the member state concerned does not comply with the policy requirements contained in the adjustment programme . ### if the monitoring referred to in paragraph 3 highlights significant deviations from the macro - economic adjustment programme , the council , acting by qualified majority on a proposal from the commission , may decide that the member state concerned does not comply with the policy requirements contained in the adjustment provided that the significant deviation is not mainly due to exogenous shocks or negative spill over effects out of the control of the concerned member state . in case of non compliance the council , acting by qualified majority on a proposal from the commission , shall decide on any change to be made to the macroeconomic adjustment programme . the commission proposal shall fully state the reasons of non compliance and the necessity and proportionality of the changes made to the macroeconomic adjustment programme .


### a member state subject to an adjustment programme experiencing insufficient administrative capacity or significant problems in the implementation of its adjustment programme shall seek technical assistance from the commission . ### a member state subject to a macroeconomic adjustment programme experiencing insufficient administrative capacity or significant problems in the implementation of its adjustment programme shall seek technical assistance from the commission , which may constitute for this purpose groups of experts with member states and other union and / or relevant international institutions . the objectives and the means of the technical assistance shall be explicitly outlined in the updated versions of the macroeconomic adjustment programme . the technical assistance shall be based on a request of the respective authority , in whose area these measures shall be applied . furthermore , ownership of the implementation process of technical assistance by those who requested these measures shall be ensured . technical assistance shall be focused on areas such as : improving public procurement , through digitalisation and thereby promote competition and tackle corruption and increasing the efficiency of raising tax revenues to promote adequate tax contributions and financial sustainability . member states shall involve , where appropriate , and in accordance with current national rules and practices , social partners as well as civil society organisations in the preparation , implementation , monitoring and evaluation of technical assistance programmes . technical assistance may include the establishment of a permanent resident adviser and support staff from the union institutions in the member state concerned , who would advise the authorities of the member state concerned of the adjustment programme implementation and coordinate with the institutions , social partners and civil society organizations involved .