### the adjustment programme provided for by article 6 of this regulation shall also be deemed to replace as appropriate the reports provided for by article 3 and article 5 of council regulation no 1467 / 97 ; ### the macroeconomic adjustment programme provided for by article 6 of this regulation shall also be deemed to replace as appropriate the reports provided for by article 3 and article 5 of council regulation no 1467 / 97 ;


### the implementation of regulation no xxx on the prevention and correction of macroeconomic imbalances shall be suspended for the member states subject to a macro - economic adjustment programme approved by the council in accordance with article 6 of this regulation . this suspension shall be applicable for the duration of the macro - economic adjustment programme . ### the implementation of regulation no 1176 / 2011 on the prevention and correction of macroeconomic imbalances shall be suspended for the member states subject to a macro - economic adjustment programme approved by the council in accordance with article 6 of this regulation with the exception of the measures provided for in articles 3 , 4 and 5 of regulation no 1176 / 2011 relating to the scoreboard of macroeconomic and macrofinancial indicators , the alert mechanism and the in - depth review . this suspension shall be applicable for the duration of the macro - economic adjustment programme .


### the monitoring provided for by article 6 of this regulation shall be deemed to replace the monitoring and assessment of the european semester for economic policy coordination provided for by article 2a of regulation no 1466 / 97 on the strengthening of the surveillance of budgetary positions and coordination of economic policies . ### the monitoring provided for by article 6 of this regulation shall be deemed to replace the monitoring and assessment of the european semester for economic policy coordination provided for by article 2a and 2 - a of regulation no 1466 / 97 on the strengthening of the surveillance of budgetary positions and coordination of economic policies . the suspension shall be applicable for the duration of the macroeconomic adjustment programme .


### the implementation of regulation no xxx 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 shall be suspended for the member states subject to a macro - economic adjustment programme approved by the council in accordance with article 6 of this regulation . this suspension shall be applicable for the duration of the macro - economic adjustment programme . ### the implementation of regulation no xxx 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 shall be suspended with the exception of articles 5 and 6 for the member states subject to a macro - economic adjustment programme approved by the council in accordance with article 6 of this regulation . this suspension shall be applicable for the duration of the macro - economic adjustment programme .


### the commission shall conduct , in liaison with the ecb , regular review missions in the member state under post programme surveillance to assess its economic , fiscal and financial situation . it shall communicate every semester its findings to the efc or to any subcommittee the latter may designate for that purpose and assess notably whether corrective measures are needed . ### the commission shall conduct , in liaison with the ecb , regular review missions in the member state under post programme surveillance to assess its economic , fiscal and financial situation . it shall communicate every semester its findings to the efc or to any subcommittee the latter may designate for that purpose as well as to the national parliament and the relevant committee of the european parliament and assess notably whether corrective measures are needed .


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


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


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


### taxes on profits ; ### taxes on profits , and the effective tax rate applied ;


### royalties ; ### royalties , and the effective tax rate applied ;


### end - users shall also be free to agree with either providers of electronic communications to the public or with providers of content , applications and services on the provision of specialised services with an enhanced quality of service . ### providers of of electronic communications to the public or providers of content , applications and services may offer specialized services to a limited number of users granted restricted access , through a closed electronic communications network . special services may not be marketed or used as an internet substitute or offer content , applications or services functionally identical to those of the open internet .


### in order to progressively eliminate discards the selectivity of the fishing gears should be improved by increasing the general minimum mesh size requirement for demersal fisheries but with derogations to allow the use of gears , including selection devices having the same selectivity in these fisheries . [ art . 6 ] ### in order to progressively eliminate discards the selectivity of the fishing gears should be improved by introducing gear modifications , including by increasing the general minimum mesh size requirement for demersal fisheries but with derogations to allow the use of gears , including selection devices having the same selectivity in these fisheries . [ art . 6 ]


### minimum conservation reference size means the size for a given species below which the sale of catches shall be restricted to reduction to fish meal , pet food or other non - human consumption products only ; ### minimum conservation reference size means the size for a given species , based on its size at maturity , below which the sale of catches shall be restricted to reduction to fish meal , pet food or other non - human consumption products only ;


### 1 january 2013 ### 1 july 2013


### in line with the commission communication of december 2010 on reinforcing sanctioning regimes in the financial sector and in order to ensure that the requirements set out in this regulation are fulfilled , it is important that member states take necessary steps to ensure that breaches of this regulation are subject to appropriate administrative sanctions and measures . in order to ensure that sanctions have a dissuasive effect and to strengthen investors ' protection by warning them about investment products marketed in breach of this regulation , sanctions and measures should normally be published , except in certain well defined circumstances . ### in line with the commission communication of december 2010 on reinforcing sanctioning regimes in the financial sector and in order to ensure that the requirements set out in this regulation are fulfilled , it is important that member states take necessary steps to ensure that breaches of this regulation are subject to appropriate administrative sanctions and measures . in order to ensure that sanctions have a dissuasive effect and to strengthen investors ' protection by warning them about investment products marketed in breach of this regulation , sanctions and measures should normally be published , except in certain well defined circumstances . the adoption and publication of sanctions should respect fundamental rights as laid down in the charter of fundamental rights of the european union , in particular the respect of personal data and the right to an effective remedy and to a fair trial . it should also comply with the principles of individual guilt , legal certainty , non - retroactivity , ne bis in idem as well as the presumption of innocence .


### any previous breaches by the responsible person . ### any previous breaches of the substantive obligations under this regulation by the responsible person .


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


### any exporter who uses this authorisation must notify the competent authorities of the member state where he is established ) of first use of the authorisation no later than 30 days after the date when the first export takes place . ### any exporter who uses this general authorisation must notify the competent authorities of the member state where he is established ) and the commission of the first use of this authorisation prior to the date when the first export takes place . reporting requirements attached to the use of this authorisation and the additional information required by the member state from which the export takes place in respect of items exported under this authorisation shall be defined by member states . a member state shall require exporters established in its territory to register prior to the first use of this authorisation . registration shall be automatic and acknowledged by the competent authorities to the exporter without delay and in any case within 10 working days of receipt of the registration request . where applicable the requirements set out in the second and third subparagraphs of this paragraph shall be based on those defined for the use of national general export authorisations granted by those member states which provide for such authorisations . member states shall annually notify to the commission information concerning the level of use of this general export authorisation . the commission shall publish the information notified to it in the c series of the official journal of the european union .


### any exporter who uses this general authorisation must notify the competent authorities of the member state where he is established ) of the first use of this authorisation no later than 30 days after the date when the first export takes place . ### any exporter who uses this general authorisation must notify the competent authorities of the member state where he is established ) and the commission of the first use of this authorisation prior to the date when the first export takes place . reporting requirements attached to the use of this authorisation and the additional information required by the member state from which the export takes place in respect of items exported under this authorisation shall be defined by member states . a member state shall require exporters established in its territory to register prior to the first use of this authorisation . registration shall be automatic and acknowledged by the competent authorities to the exporter without delay and in any case within 10 working days of receipt of the registration request . where applicable the requirements set out in the second and third subparagraphs of this paragraph shall be based on those defined for the use of national general export authorisations granted by those member states which provide for such authorisations . member states shall annually notify to the commission information concerning the level of the use of this general export authorisation .


### inform the competent authorities of the member state where he is established ) of first use of the authorisation no later than 30 days after the date of first export ; ### notify the competent authorities of the member state where he is established ) and the commission of the first use of this authorisation prior to the date of first export . reporting requirements attached to the use of this authorisation and the additional information required by the member state from which the export take place in respect of items exported under this authorisation shall be defined by member states . a member state shall require exporters established in its territory to register prior to the first use of this authorisation . registration shall be automatic and acknowledged by the competent authorities to the exporter without delay and in any case within 10 working days of receipt of the registration request . where applicable the requirements set out in the second and third subparagraphs of this paragraph shall be based on those defined for the use of national general export authorisations granted by those member states which provide for such authorisations . member states shall annually notify to the commission information concerning the level of use of this general export authorisation . the commission shall publish the information notified to it in the c series of the official journal of the european union ;


### inform the competent authorities of the member state where he is established ) of first use of the authorisation no later than 30 days after the date of first export ; ### notify the competent authorities of the member state where he is established ) and the commission of the first use of this authorisation prior to the date of first export . reporting requirements attached to the use of this authorisation and the additional information required by the member state from which the export takes place in respect of items exported under this authorisation shall be defined by member states . a member state shall require exporters established in its territory to register prior to the first use of this authorisation . registration shall be automatic and acknowledged by the competent authorities to the exporter without delay and in any case within 10 working days of receipt of the registration request . where applicable the requirements set out in the second and third subparagraphs of this paragraph shall be based on those defined for the use of national general export authorisations granted by those member states which provide for such authorisations . member states shall annually notify to the commission information concerning the level of use of this general export authorisation . the commission shall publish the information notified to it in the c series of the official journal of the european union ;


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


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


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


### in order to improve the quality and design of each programme , and verify that objectives and targets can be reached , an ex ante evaluation of each programme should be carried out . ### in order to improve the quality and design of each programme , and verify that objectives and targets can be reached , an ex ante evaluation of each programme should be carried out . for each programme , the ex - ante evaluation should include an evaluation of the horizontal principles of articles 6 , 7 and 8 of this regulation .


### it is necessary to lay down additional provisions concerning the programming , management , monitoring and control of operational programmes supported by the funds . operational programmes should set out priority axes corresponding to thematic objectives , elaborate a consistent intervention logic to tackle the development needs identified , and set out the framework for performance assessment . they should also contain other elements necessary to underpin the effective and efficient implementation of these funds . ### it is necessary to lay down additional provisions concerning the programming , management , monitoring and control of operational programmes supported by the funds . operational programmes should set out priority axes corresponding to thematic objectives and to the horizontal principles in articles 6 , 7 and 8 of this regulation , elaborate a consistent intervention logic to tackle the development needs identified , and set out the framework for performance assessment . they should also contain other elements necessary to underpin the effective and efficient implementation of these funds .


### ‘ programming’ means the process of organisation , decision - making and allocation of financial resources in several stages intended to implement , on a multi - annual basis , the joint action by the union and the member states to achieve union strategy for smart , sustainable and inclusive growth ; ### ' programming ' means the process of organisation , decision - making and allocation of financial resources in several stages in accordance with article 5 intended to implement , on a multi - annual basis , the joint action by the union and the member states to achieve union strategy for smart , sustainable and inclusive growth


### bodies representing civil society , including environmental partners , non - governmental organisations , and bodies responsible for promoting equality and non - discrimination . ### bodies representing civil society , including environmental partners , non - governmental organisations and bodies responsible for promoting gender equality and non - discrimination , in particular women ' s rights organisations , and non - governmental organisations promoting social inclusion and organisations active in the areas of culture , education and youth policy .


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


### enhancing institutional capacity and an efficient public administration . ### enhancing institutional capacity and efficient and participative public administration and promoting capacity building for social partners , non - governmental organisations , regional and local authorities and other stakeholders in particular those partners as referred to in article 5 of regulation no [ cpr . . . ] .


### each programme , except those which cover exclusively technical assistance , shall include a description of the actions to take into account the principles set out in articles 7 and 8 . ### each programme , except those which cover exclusively technical assistance , shall include measurable qualitative and quantitative targets and milestones for the indicators referring to the horizontal principles in article 7 and 8 , if it is appropriate added by programme - specific indicators and the specific actions in order to comply with the principles set out in articles 7 and 8 .


### drawing up a non - discriminatory and transparent selection procedure and criteria for the selection of operations , which avoid conflicts of interest , that shall ensure that at least 50% of the votes in selection decisions are from the non public sector partners , providing for the possibility of appeal against selection decisions and allowing selection by written procedure ; ### drawing up a gender - equity based , non - discriminatory and transparent selection procedure and criteria for the selection of operations , which avoid conflicts of interest , that shall ensure that at least 50% of the votes in selection decisions are from the non public sector partners , providing for the possibility of appeal against selection decisions and allowing selection by written procedure ;


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


### a description of the specific actions to promote equal opportunities and prevent any discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation during the preparation , design and implementation of the operational programme and in particular in relation to access to funding , taking account of the needs of the various target groups at risk of such discrimination and in particular the requirements of ensuring accessibility for disabled persons ; ### a description of the specific actions to promote equal opportunities and prevent any discrimination based on sex , racial or ethnic origin , religion or belief , disability , age , sexual orientation or gender identity during the preparation , design and implementation of the operational programme and in particular in relation to access to funding , taking account of the needs of the various target groups at risk of such discrimination and in particular the requirements of ensuring accessibility for disabled persons ;


### a description of its contribution to the promotion of equality between men and women and , where appropriate , the arrangements to ensure the integration of gender perspective at operational programme and operation level . ### a description of its contribution to the promotion of equality between men and women and , the arrangements to ensure the integration of gender perspective at operational programme and operation level and a description of the specific actions put in place to promote equality between men and women .


### representatives of the european gnss agency and the european space agency may be involved as observers in the work of the committee under the conditions laid down in its rules of procedure . ### representatives of the european gnss agency and the european space agency shall be involved as observers in the work of the committee under the conditions laid down in its rules of procedure .


### the pursuit of interoperability within the union ' s rail system should lead to the definition of an optimal level of technical harmonisation and make it possible to facilitate , improve and develop international rail transport services within the union and with third countries and contribute to the progressive creation of the internal market in equipment and services for the construction , renewal , upgrading and operation of the rail system within the union . ### the pursuit of interoperability within the union ' s rail system should lead to the definition of an optimal level of technical harmonisation and make it possible to facilitate , improve and develop rail transport services within the union and with third countries and contribute to the progressive creation of the internal market in equipment and services for the construction , renewal , upgrading and operation of the rail system within the union .


### the commercial operation of trains throughout the rail network requires in particular excellent compatibility between the characteristics of the infrastructure and those of the vehicles , as well as efficient interconnection of the information and communication systems of the different infrastructure managers and railway undertakings . performance levels , safety , quality of service and cost depend upon such compatibility and interconnection , as does , in particular , the interoperability of the rail system . ### the commercial operation of trains throughout the rail network requires in particular excellent compatibility between the characteristics of the infrastructure and those of the vehicles , as well as efficient interconnection of the information , communication and ticketing systems of the different infrastructure managers and railway undertakings . performance levels , safety , quality of service and cost depend upon such compatibility and interconnection , as does , in particular , the interoperability of the rail system .


### the railway regulatory framework should set clear responsibilities for ensuring compliance with the safety , health and consumer protection rules applying to the railway networks . ### the railway regulatory framework should set clear responsibilities for ensuring compliance with the safety , health , social and consumer protection rules applying to the railway networks .


### there are major differences between national regulations , internal rules and technical specifications applicable to rail systems , subsystems and components , since they incorporate techniques that are specific to the national industries and prescribe specific dimensions and devices and special characteristics . this situation prevents trains from being able to run without hindrance throughout the union . ### there are major differences between national regulations , internal rules and technical specifications applicable to rail systems , subsystems and components , since they incorporate techniques that are specific to the national industries and prescribe specific dimensions and devices and special characteristics . this situation prevents trains from being able to run without hindrance throughout the union and from reaping the benefits of standardisation and economies of scale in the single market .


### the united nations convention on the rights of persons with disabilities to which the union is a party establishes accessibility as one of its general principles and requires states parties to take appropriate measures to ensure to persons with disabilities access on an equal basis with others , including by developing , promulgating and monitoring the implementation of minimum standards and guidelines for accessibility . accessibility is therefore an important requirement for the interoperability of the rail system . ### the united nations convention on the rights of persons with disabilities to which the union is a party establishes accessibility as one of its general principles and requires states parties to take appropriate measures to ensure to persons with disabilities access on an equal basis with others , including by developing , promulgating and monitoring the implementation of minimum standards and guidelines for accessibility . accessibility is therefore an important requirement for the interoperability of the rail system , in line with union legislation on passengers with reduced mobility .


### to ensure traceability of the vehicles and their history , the references of the vehicle authorisations for placing on the market should be recorded together with the other vehicle data . ### to ensure traceability of the vehicles and their history , the references of the vehicle authorisations should be recorded together with the other vehicle data .


### ‘ keeper’ means the person or entity that , being the owner of a vehicle or having the right to use it , exploits the vehicle as a means of transport and is registered as such in the national vehicle register referred to in article 43 ; ### ‘ keeper’ means the person or entity that has the right to use it , exploits the vehicle as a means of transport and is registered as such in the national vehicle register referred to in article 43 ;


### ‘ national rules’ means all binding rules containing railway safety or technical requirements imposed at member state level and applicable to railway undertakings , irrespective of the body issuing them ; ### ‘ national rules’ means all notified binding rules containing railway safety or technical requirements imposed at member state level and applicable to railway undertakings , irrespective of the body issuing them ;


### national rules ### national technical rules


### if a member state intends to introduce a new national rule , it shall notify the draft to the agency and the commission through the appropriate it system in accordance with article 23 of regulation no … / … [ agency regulation ] . ### if a member state intends to introduce a new national rule at least three month before the scheduled entry into force , it shall notify the draft to the agency and the commission through the appropriate it system in accordance with article 23 of regulation no … / … [ agency regulation ] .


### vehicle authorisation for placing on the market ### vehicle authorisation


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


### the register of infrastructure may stipulate conditions for the use of fixed installations and other restrictions . ### the register of infrastructure may stipulate conditions for the use of fixed installations and other restrictions , including temporary restrictions that are applied for longer than 6 months .


### public procurement plays a key role in the europe 2020 strategy16 as one of the market - based instruments to be used to achieve a smart , sustainable and inclusive growth while ensuring the most efficient use of public funds . for that purpose , the current public procurement rules adopted pursuant to directive 2004 / 17 / ec of the european parliament and of the council of 31 march 2004 coordinating the procurement procedures of entities operating in the water , energy , transport and postal services sectors17 and directive 2004 / 18 / ec of the european parliament and of the council of 31 march 2004 on the coordination of procedures for the award of public works contracts , public supply contracts and public service contracts18 have to be revised and modernised in order to increase the efficiency of public spending , facilitating in particular the participation of small and medium - sized enterprises in public procurement and to enable procurers to make better use of public procurement in support of common societal goals . there is also a need to clarify basic notions and concepts to ensure better legal certainty and to incorporate certain aspects of related well - established case - law of the court of justice of the european union . ### public procurement plays a key role in the europe 2020 strategy16 as one of the market - based instruments to be used to achieve a smart , sustainable and inclusive growth while ensuring the most efficient use of public funds . for that purpose , the current public procurement rules adopted pursuant to directive 2004 / 17 / ec of the european parliament and of the council of 31 march 2004 coordinating the procurement procedures of entities operating in the water , energy , transport and postal services sectors17 and directive 2004 / 18 / ec of the european parliament and of the council of 31 march 2004 on the coordination of procedures for the award of public works contracts , public supply contracts and public service contracts18have to be revised and modernised in order to enable procurer to make better use of public procurement in support of sustainable development and other common societal goals , thereby increasing the efficiency of public spending , ensuring best value for money and facilitating in particular the participation of small and medium - sized enterprises in public procurement and to enable procurers to make better use of public procurement in support of common societal goals . there is also a need to simplify the directives and to clarify basic notions and concepts to ensure better legal certainty and to incorporate certain aspects of related well - established case - law of the court of justice of the european union . this directive provides legislation on how to buy . contracting entities may set demands that are stricter or go further than current union legislation in order to reach the common objectives .


### it is appropriate that the notion of procurement or the definition of what constitutes a single procurement are as close as possible to those applied pursuant to directive [ … ] of the european parliament and of the council of [ … ] on public procurement19 , having due regard for the specificities of the sectors covered by this directive . the concept of single procurement encompasses all supplies , works and services needed to carry out a particular project , for instance a works project or an entirety of works , supplies and / or services . indications for the existence of one single project can for instance consist in overall prior planning and conception by the contracting entity , the fact that the different elements purchased fulfil a single economic and technical function or that they are otherwise logically interlinked and carried out in a narrow time frame . ### it is appropriate that the notion of procurement or the definition of what constitutes a single procurement are as close as possible to those applied pursuant to directive [ … ] of the european parliament and of the council of [ … ] on public procurement19 , having due regard for the specificities of the sectors covered by this directive . the concept of single procurement encompasses all supplies , works and services needed to carry out a particular project , for instance a works project or an entirety of works , supplies and / or services .


### the instrument of framework agreements can be an efficient procurement technique throughout europe ; however , there is a need to enhance competition by improving transparency of and access to procurement carried out by means of framework agreements . it is therefore appropriate to revise the provisions applicable to those agreements , notably by providing for mini - competitions for the award of specific contracts based on the agreement and by limiting the duration of framework agreements . ### the instrument of framework agreements can be an efficient procurement technique throughout europe ; however , there is a need to enhance competition by improving transparency of and access to procurement carried out by means of framework agreements .


### in order to ensure uniform conditions for the implementation of this directive , as for the procedure for sending and publishing data referred to in annex ix and the procedures for drawing up and transmitting notices , the standard forms for the publication of notices as well as of process and messaging standards and the common template to be used by the oversight bodies for drawing up the implementation and statistical report , implementing powers should be conferred on the commission . those powers should be exercised in accordance with regulation no . 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission ' s exercise of implementing powers35 . the advisory procedure should be used for the adoption of those implementing acts , which do not have any impact either from the financial point of views or on the nature and scope of obligations stemming from this directive . on the contrary , those acts are characterised by a mere administrative purpose and serve to facilitate the application of the rules set by this directive . furthermore , decisions to establish whether a given activity is directly exposed to competition on markets to which access is free should be adopted under conditions ensuring uniform conditions for implementing that provision . implementing powers should therefore be conferred on the commission also in respect of the detailed provisions for the implementation of the procedure , provided for under article 28 , for establishing whether article 27 is applicable as well as the decisions themselves . those powers should be exercised in accordance with regulation 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission ' s exercise of implementing powers . the advisory procedure should be used for the adoption of those implementing acts . ### in order to ensure uniform conditions for the implementation of this directive , as for the procedure for sending and publishing data referred to in annex ix and the procedures for drawing up and transmitting notices , the standard forms for the publication of notices as well as of process and messaging standards , implementing powers should be conferred on the commission . those powers should be exercised in accordance with regulation no . 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission ' s exercise of implementing powers35 . the advisory procedure should be used for the adoption of those implementing acts , which do not have any impact either from the financial point of views or on the nature and scope of obligations stemming from this directive . on the contrary , those acts are characterised by a mere administrative purpose and serve to facilitate the application of the rules set by this directive . furthermore , decisions to establish whether a given activity is directly exposed to competition on markets to which access is free should be adopted under conditions ensuring uniform conditions for implementing that provision . implementing powers should therefore be conferred on the commission also in respect of the detailed provisions for the implementation of the procedure , provided for under article 28 , for establishing whether article 27 is applicable as well as the decisions themselves . those powers should be exercised in accordance with regulation 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission ' s exercise of implementing powers . the advisory procedure should be used for the adoption of those implementing acts .


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


### it is established for or has the specific purpose of meeting needs in the general interest , not having an industrial or commercial character ; for that purpose , a body which operates in normal market conditions , aims to make a profit , and bears the losses resulting from the exercise of its activity does not have the purpose of meeting needs in the general interest , not having an industrial or commercial character ; ### it is established for or has the specific purpose of meeting needs in the general interest , not having an industrial or commercial character ;


### ‘ procurement documents’ means all documents produced or referred to by the contracting entity to describe or determine elements of the procurement or the procedure , including the contract notice , the prior information notice or the notices on the existence of a qualification system where they are used a means of calling for competition , the technical specifications , proposed conditions of contract , formats for the presentation of documents by candidates and tenderers , information on generally applicable obligations and any additional documents ; ### ‘ procurement documents’ means any document produced or referred to by the contracting entity to describe or determine elements of the procurement or the procedure , including the contract notice , the prior information notice or the notices on the existence of a qualification system where they are used a means of calling for competition , the technical specifications , proposed conditions of contract , formats for the presentation of documents by candidates and tenderers , information on generally applicable obligations and any additional documents ;


### which are contracting authorities or public undertakings and which pursue one of the activities referred to in articles 5 to 11 ; ### which are contracting authorities or public undertakings and which pursue one of the activities referred to in articles 5 to 11 except in cases where the activity is pursued on the basis of rights being granted according to paragraph 2 of this article ;


### gas and heat ### gas , heat and cooling


### extraction of oil and gas and exploration for , or extraction of , coal or other solid fuels ### extraction and exploration of oil and gas , coal or other solid fuels


### this directive shall not apply to contracts which the contracting entities award for purposes other than the pursuit of their activities as described in articles 5 to 11 or for the pursuit of such activities in a third country , in conditions not involving the physical use of a network or geographical area within the union nor shall it apply to design contests organised for such purposes . ### this directive shall not apply to contracts which the contracting entities award for purposes other than the pursuit of their activities as described in articles 5 to 11 and are connected with utility activities , or for the pursuit of such activities in a third country , in conditions not involving the physical use of a network or geographical area within the union nor shall it apply to design contests organised for such purposes .


### contracts for broadcasting time that are awarded to broadcasters . ### contracts for transmission and distribution of media service ;


### the broadcasting referred to in point of the first paragraph shall include any transmission and distribution using any form of electronic network . ### the audiovisual media services referred to in point of the first paragraph shall include any transmission and distribution using any form of electronic network .


### for the purposes of this article , ' affiliated undertaking ' means any undertaking the annual accounts of which are consolidated with those of the contracting entity in accordance with the requirements of the seventh council directive 83 / 349 / eec . 2 . in the case of entities not subject to that directive , ‘ affiliated undertaking’ shall mean any undertaking that : may be , directly or indirectly , subject to a dominant influence by the contracting entity within the meaning of point of article 2 and article 4 of this directive ; may exercise a dominant influence over the contracting entity ; in common with the contracting entity , is subject to the dominant influence of another undertaking by virtue of ownership , financial participation , or the rules which govern it . ### for the purposes of this article , ' affiliated undertaking ' means : any undertaking the annual accounts of which are consolidated with those of the contracting entity in accordance with the requirements of the seventh council directive 83 / 349 / eec ; any undertaking that : may be , directly or indirectly , subject to a dominant influence by the contracting entity within the meaning of point of article 2 and article 4 of this directive ; may exercise a dominant influence over the contracting entity ; in common with the contracting entity , is subject to the dominant influence of another undertaking by virtue of ownership , financial participation , or the rules which govern it .


### contracts intended to enable an activity mentioned in articles 5 to 11 to be carried out shall not be subject to this directive if the member state or the contracting entities having introduced the request pursuant to article 28 can demonstrate that , in the member state in which it is performed , the activity is directly exposed to competition on markets to which access is not restricted ; nor shall design contests that are organised for the pursuit of such an activity in that geographic area be subject to this directive . such competition assessment , which will be made in the light of the information available to the commission and for the purposes of this directive , is without prejudice to the application of competition law . ### contracts intended to enable an activity mentioned in articles 5 to 11 to be carried out shall not be subject to this directive if the member state or the contracting entities having introduced the request pursuant to article 28 can demonstrate that , in the member state in which it is performed , the activity , or its specific sectors or segments , is directly exposed to competition on markets to which access is not restricted ; nor shall design contests that are organised for the pursuit of such an activity in that geographic area be subject to this directive . such competition assessment , which will be made in the light of the information available to the commission and for the purposes of this directive , is without prejudice to the application of competition law .


### however , in the case of service and works contracts as well as supply contracts covering in addition services or siting and installation operations , legal persons may be required to indicate , in the tender or the request to participate , the names and relevant professional qualifications of the staff responsible for the performance of the contract in question . ### however , in the case of service and works contracts as well as supply contracts covering in addition services or siting and installation operations , legal persons may be required to indicate , in the tender or the request to participate , the relevant professional qualification levels of the staff responsible for the performance of the contract in question .


### member states shall provide that contracting entities may apply open or restricted procedures or negotiated procedures with prior call for competition as regulated in this directive . ### member states shall provide that contracting entities may apply open or restricted procedures or negotiated procedures with prior call for competition and innovation partnerships as regulated in this directive .


### it is irregular or unacceptable , and ### it is irregular or unacceptable , or


### one or more contracting entities may agree to perform certain specific procurements jointly . ### two or more contracting entities may agree to perform certain specific procurements jointly .


### where one contracting entity alone conducts the procurement procedures concerned in all its stages from the publication of the call for competition to the end of the performance of the ensuing contract or contracts , that contracting entity shall have sole responsibility for fulfilling the obligations pursuant to this directive . ### where the conduct of a procurement procedure in its entirety is carried out jointly by the contracting entities concerned , they shall be jointly responsible for fulfilling the obligations pursuant to this directive . contracting entities shall be deemed to conduct an award procedure jointly where one contracting entity manages the procedure on both its own behalf and on that of the other contracting entities concerned .


### for this purpose , contracting entities may seek or accept advice from administrative support structures or from third parties or market participants , provided that such advice does not have the effect of precluding competition and does not result in a violation of the principles of non - discrimination and transparency . ### for this purpose , contracting entities may seek or accept advice from administrative support structures or from third parties or market participants .


### where mandatory accessibility standards are adopted by a legislative act of the union , technical specifications shall , as far as accessibility criteria are concerned , be defined by reference thereto . ### where mandatory accessibility standards are adopted by a legislative act of the union , technical specifications shall , as far as accessibility criteria for persons with disabilities or design for all users are concerned , be defined by reference thereto .


### where contracting entities lay down environmental , social or other characteristics of a works , service or supply in terms of performance or functional requirements as referred to in point of article 54 paragraph 3 , they may require that those works , supplies or services bear a specific label , provided that all of the following conditions are fulfilled : ### where contracting entities lay down in the technical specifications , the award criteria or the contract performance clauses , environmental , social or other requirements or criteria they may require a specific label , as means of proof that these works , services or supplies correspond to such requirements or criteria provided that all of the following conditions are fulfilled :


### the requirements for the label only concern characteristics which are linked to the subject - matter of the contract and are appropriate to define the characteristics of the works , supplies or services that are the subject - matter of the contract ; ### the requirements to be met in order to obtain the label only concern criteria which are linked to the subject - matter of the contract and are appropriate to define the characteristics of the works , supplies or services that are the subject - matter of the contract ;


### the requirements for the label are drawn up on the basis of scientific information or based on other objectively verifiable and non - discriminatory criteria ; ### the requirements to be met in order to obtain the label are based on objectively verifiable and non - discriminatory criteria ;


### the labels are established in an open and transparent procedure in which all stakeholders , including government bodies , consumers , manufacturers , distributors and environmental organisations may participate , ### the labels are established in an open and transparent procedure in which all relevant stakeholders , including consumers , manufacturers , trade unions , distributors and environmental and social organisations have a substantial role . government bodies may participate but are not obligatory ;


### contracting entities requiring a specific label shall accept all equivalent labels that fulfil the requirements of the label indicated by the contracting entities . for products that do not bear the label , contracting entities shall also accept a technical dossier of the manufacturer or other appropriate means of proof . ### contracting entities requiring a specific label shall accept all equivalent labels that fulfil the requirements of the specific label indicated by the contracting entities . contracting entities shall accept other appropriate means of proving such requirements , which may include a technical dossier of the manufacturer where the economic operator concerned has no access to the label , or no possibility of obtaining it within the relevant time limits , provided that the lack of access is not attributable to the economic operator concerned . in order not to discriminate those tenderers who invest time and money for certificates , the burden for providing equivalence with a specific label should be placed on the tenderer claiming equivalence .


### contracting entities may require that economic operators provide a test report from a recognised body or a certificate issued by such a body as means of proof of conformity with the technical specifications . ### contracting entities may require that economic operators provide a test report from a recognised body or a certificate issued by such a body as means of proof of conformity with requirements or criteria set out in the technical specifications , the award criteria or the contract performance clauses .


### where contracting entities require the submission of certificates drawn up by recognised bodies attesting conformity with a particular technical specification , certificates from equivalent other recognised bodies shall also be accepted by the contracting entities . ### where contracting entities require the submission of certificates drawn up by a specific assessment body certificates from equivalent other recognised bodies shall also be accepted by the contracting entities .


### member states shall make available to other member states , upon request , any information related to the evidence and documents submitted in accordance with article 54 , article 55 and paragraphs 1 , 2 and 3 of this article to prove compliance with technical requirements . the competent authorities of the member state of establishment shall provide this information in accordance with article 96 . ### member states shall make available to other member states , upon request , any information related to the evidence and documents submitted in accordance with article 54 , article 55 and paragraphs 1 , 2 and 3 of this article . the competent authorities of the member state of establishment of the economic operator shall provide this information in accordance with article 96 .


### where the technical specifications are based on documents available by electronic means through unrestricted and full direct access free of charge to interested economic operators , the inclusion of a reference to those documents shall be sufficient . ### where the technical specifications are based on documents available by electronic means through full direct access free of charge to interested economic operators , the inclusion of a reference to those documents shall be sufficient .


### the criteria and rules referred to in paragraph 1 may include the selection criteria set out in article 56 of directive 2004 / 18 / ec on the terms and conditions set out therein , notably as regards the limits to requirements concerning yearly turnovers , as provided for under the second subparagraph of paragraph 3 of that article . ### the criteria and rules referred to in paragraph 1 may include the selection criteria set out in article 56 of directive 2004 / 18 / ec on the terms and conditions set out therein , notably as regards the limits to requirements concerning yearly turnovers , the acceptance of self - declarations as well as the european procurement passport , as provided for under the second subparagraph of paragraph 3 of that article .


### for the purpose of applying paragraphs 1 and 2 of this article , articles 57 to 60 of directive 2004 / 18 / ec shall apply . ### for the purpose of applying paragraphs 1 and 2 of this article , articles 55 to 60 of directive 2004 / 18 / ec shall apply .


### however , the first subparagraph shall not apply in the event of universal or partial succession into the position of the initial contractor , following corporate restructuring operations or insolvency , of another economic operator that fulfils the criteria for qualitative selection initially established provided that this does not entail other substantial modifications to the contract and is not aimed at circumventing the application of this directive . ### however , the first subparagraph shall not apply in the event of universal or partial succession into the position of the initial contractor , following corporate restructuring operations or insolvency , of another economic operator that fulfils the criteria for qualitative selection initially established provided that this does not entail other substantial modifications to the contract and is not aimed at circumventing the application of this directive or in case of the take - over of the main contractors ' signatory status by the contracting authority accordingly to the member state provisions in line with article 81 .


### contracting entities shall not have recourse to modifications of the contract in the following cases : ### contracting entities shall not have recourse to modifications of the contract where the modification would aim at compensating risks of price increases that have been hedged by the contractor .


### contracting entities shall keep appropriate information on each contract , framework agreement and each time a dynamic purchasing system is established . this information shall be sufficient to permit them at a later date to justify decisions taken in connection with : ### contracting entities shall keep appropriate information on each above threshold contract , framework agreement or each time a dynamic purchasing system is established . this information shall be sufficient to permit them at a later date to justify decisions taken in connection with :


### contracting entities shall document the progress of all procurement procedures , whether or not the procedures are conducted by electronic means . to that end , they shall document all stages in the procurement procedure , including all communications with economic operators and internal deliberations , preparation of the tenders , dialogue or negotiation if any , selection and award of the contract . ### contracting entities shall take appropriate steps to document the procurement procedures , whether or not the procedures are conducted by electronic means .


### the bodies established or appointed in accordance with article 93 shall forward to the commission an implementation and statistical report on each year , based on a standard form , not later than 31 october of the following year . ### member states shall ensure that the commission receives every year an implementation and statistical report on each year , not later than 31 october of the following year .


### the delegation of power referred to in articles 4 , 35 , 33 , 38 , 25 , 65 , 70 , 77 , 85 and 95 may be revoked at any time by the european parliament or by the council . a revocation decision shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force . ### the delegation of power referred to in articles 4 , 35 , 33 , 38 , 25 , 65 , 70 may be revoked at any time by the european parliament or by the council . a revocation decision shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force .


### in view of the importance of the labour force survey ad hoc modules in support of union policies , a contribution by the union to the financing of their implementation is proposed through grant procedures , without calls for proposals . the grants shall be awarded to the national statistical institutes and other national authorities referred to in article 5 of regulation no 223 / 2009 of the european parliament and of the council of 11 march 2009 on european statistics . grants that are provided for purposes of carrying out labour force surveys may take the form of lump sums . in this context , the use of lump sums should be a principal means of simplifying grant management . ### in view of the importance of the labour force survey ad hoc modules in support of union policies , a contribution by the union to the financing of their implementation is proposed through grant procedures , without calls for proposals , in accordance with the second subparagraph of article 128 of regulation no 966 / 2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union1 . the grants shall be awarded , subject to the actual implementation of the ad hoc modules , to the national statistical institutes and other national authorities referred to in article 5 of regulation no 223 / 2009 of the european parliament and of the council of 11 march 2009 on european statistics . grants that are provided for purposes of carrying out labour force surveys may take the form of lump sums . in this context , the use of lump sums should be a principal means of simplifying grant management . _____________ 1 oj l 298 , 26 . 10 . 2012 , p . 1 .


### the power to adopt delegated acts referred to in article 4 and article 7a shall be conferred on the commission for an indeterminate period of time from . ### the power to adopt delegated acts referred to in article 4 and article 7a shall be conferred on the commission for a period of five years from …* . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period . ______________ * oj : please insert the date of entry into force of this regulation .


### the objectives and provisions of regulation no 1934 / 2006 of 21 december 2006 establishing a financing instrument for cooperation with industrialised and other high - income countries and territories1 are appropriate to pursue such enhanced cooperation with countries falling under regulation no 1905 / 2006 . for that purpose , it is necessary to extend the geographical scope of regulation no 1934 / 2006 and to provide for a financial envelope to cover cooperation with those developing countries . ### the objectives and provisions of regulation no 1934 / 2006 of 21 december 2006 establishing a financing instrument for cooperation with industrialised and other high - income countries and territories1 , as amended below , are appropriate to pursue such enhanced cooperation with countries falling under regulation no 1905 / 2006 . for that purpose , it is necessary to extend the geographical scope of regulation no 1934 / 2006 and to provide for a financial envelope to cover cooperation with those developing countries .


### community financing shall support economic , financial and technical cooperation and other forms of cooperation falling within its spheres of competence with industrialised and other high - income countries and territories and with developing countries falling under regulation no 1905 / 2006 . ### community financing under this regulation shall support economic , financial , technical , cultural , academic and other forms of cooperation falling within its spheres of competence , with developing countries as listed in annex ii and with industrialised and other high - income countries and territories as listed in annex i . in principle , this regulation shall serve to finance measures which do not fulfil the official development assistance criteria of the oecd .


### the primary objective of cooperation with the countries and territories referred to in paragraph 1 shall be to provide a specific response to the need to strengthen links and to engage further with them on a bilateral , regional or multilateral basis in order to create a more favourable environment for the development of the relations of the community with these countries and territories and promote dialogue while fostering community ' s interests . ### the primary objective of cooperation with partner countries shall be to provide a specific response to the need to strengthen links and to engage further with them on a bilateral , regional or multilateral basis in order to create a more favourable environment for the development of the relations between the community and partner countries and territories and promote dialogue while fostering mutual understanding and the community ' s interests .


### the cooperation shall be aimed at engaging with partners which share similar political , economic and institutional structures and values to the community and which are important bilateral partners and players in multilateral fora and in global governance . the cooperation also covers partners with which the community has a strategic interest in promoting links . ### the cooperation shall be aimed at engaging with partner countries towards the achievement of the following goals : – mitigating conflict and enhancing dialogue and rapprochement ; – sharing and promoting similar political , economic and institutional structures and values ; – increasing exchanges with important bilateral partners and players in multilateral fora and in global governance .


### for the purpose of this regulation , industrialised and other high - income countries and territories shall comprise countries and territories listed in annex i and developing countries shall comprise countries listed in annex ii . they are hereinafter referred to as ' partner countries ' . however , in duly justified circumstances and in order to foster regional cooperation , the commission may decide when adopting action programmes referred to in article 6 that countries not listed in the annexes are eligible , where the project or programme to be implemented is of regional or cross - border nature . provisions may be made for this in the multiannual cooperation programmes referred to in article 5 . the commission shall amend the lists in annexes i and ii following the regular oecd / dac reviews of its list of developing countries , and shall inform the council thereof . ### in duly justified circumstances and in order to foster regional cooperation , the commission may decide when adopting action programmes as referred to in article 6 that countries not listed in the annexes are eligible , where the project or programme to be implemented is of a regional or cross - border nature . provisions may be made for this in the multiannual cooperation programmes referred to in article 5 . the commission shall amend the lists in annexes i and ii following the regular oecd / dac reviews of its list of developing countries , and shall inform the council thereof .


### in order to deliver on the targets and objectives of smart , sustainable and inclusive growth set out in the europe 2020 strategy , the erdf should contribute under the european territorial cooperation goal to the thematic objectives of developing an economy based on knowledge , research and innovation , promoting a greener , more resource - efficient and competitive economy , fostering high employment that delivers social and territorial cohesion , and developing administrative capacity . however , the list of the investment priorities under the different thematic objectives should be adapted to the specific needs of the european territorial cooperation goal , in particular by allowing for the continuation under cross - border cooperation of legal and administrative cooperation and cooperation between citizens and institutions , of cooperation in the fields of employment , training and social inclusion in a cross - border perspective , by allowing for the continuation under transnational cooperation of maritime cross - border cooperation not covered by cross - border cooperation programmes , and by the development and implementation of macro - regional and sea - basin strategies . ### in order to deliver on the targets and objectives of 2020 climate impact reduction as well as smart , sustainable and inclusive growth set out in the europe 2020 strategy , the erdf should contribute under the european territorial cooperation goal to the thematic objectives of developing an economy based on knowledge , research and innovation , promoting a greener , more resource - efficient and competitive economy , fostering high employment that delivers social and territorial cohesion , and developing administrative capacity . however , the list of the investment priorities under the different thematic objectives should be adapted to the specific needs of the european territorial cooperation goal , in particular by allowing for the continuation under cross - border cooperation of legal and administrative cooperation and cooperation between citizens and institutions , of cooperation in the fields of employment , training and social inclusion in a cross - border perspective , by allowing for the continuation under transnational cooperation of maritime cross - border cooperation not covered by cross - border cooperation programmes , and by the development and implementation of macro - regional and sea - basin strategies .


### integrating cross - border labour markets , including cross - border mobility , joint local employment initiatives and joint training ; ### integrating cross - border labour markets , including sustainable cross - border mobility , with priority on rail connections with and between new member states as well as with neighbouring countries , sustainable tourism , joint local employment initiatives and joint training ;


### unit ### unit eur


### unit ### unit climate effect


### unit ### unit number


### unit ### unit percentage


### name ### name volume of investments made to improve the accessibility to tourism services for persons with reduced mobility


### name ### name mio of tonnes of co2 equivalents change of greenhouse gas emissions resulting from co - funded measure


### name ### name volume of investments into cycling networks


### name ### name volume of investments into natural , cultural , industrial and historical heritage


### name ### name newly built , reconstructed or upgraded cross - border sections


### name ### name change in modal share of public transport


### in order to reduce carbon dioxide emissions from shipping at union level the best possible option remains setting up a system for monitoring , reporting and verification of co2 emissions based on the fuel consumption of ships as a first step of a staged approach for the inclusion of maritime transport emissions in the union ' s greenhouse gas reduction commitment . ### in order to reduce carbon dioxide emissions from shipping at union level the best possible option remains implementing a market based measure , which requires the setting up a system for monitoring , reporting and verification of greenhouse gas emissions based on the fuel consumption of ships as a first step of a staged approach for the inclusion of maritime transport emissions in the union ' s greenhouse gas reduction commitment . public access to the emission data will contribute to remove the many of the market barriers that prevent the uptake of many cost - negative measures which would reduce emissions from the sector .


### a robust ship - specific union mrv system should be based on the calculation of emissions from fuel consumed on voyages from and to union ports as fuel sales data could not provide appropriately accurate estimates for the fuel consumption within this specific scope due to the large tank capacities of ships . ### a robust ship - specific union mrv system should be based on the calculation of emissions from fuel consumed or on the accurate reporting of real emissions on voyages from and to union ports as fuel sales data could not provide appropriately accurate estimates for the fuel consumption within this specific scope due to the large tank capacities of ships .


### this regulation does not apply to warships , naval auxiliaries , fish catching or processing ships , wooden ships of a primitive build , ships not propelled by mechanical means and government ships used for non - commercial purposes . ### this regulation does not apply to wooden ships of a primitive build , ships not propelled by mechanical means and government ships used for non - commercial purposes . as regards warships and naval auxiliaries reporting is limited to article 10 , points a ) to f ) .


### for the purposes of article 4 , and , companies shall determine their emissions and other climate relevant information for each of their ships above 5000 gt in accordance with any of the methods set out in annex i . ### for the purposes of article 4 , and , companies shall determine their emissions and other climate relevant information for each of their ships above 400 gt in accordance with the methods set out in annex i .


### – having regard to the treaty on the functioning of the european union , and in particular article 79 and thereof , ### – having regard to the treaty on the functioning of the european union , and in particular article 79 and and article 79 thereof ,


### for the purpose of this directive , intra - corporate transferees encompass managers , specialists and graduate trainees with a higher education qualification . their definition builds on specific commitments of the union under the general agreement on trade in services and bilateral trade agreements . those commitments undertaken under the general agreement on trade in services do not cover conditions of entry , stay and work . therefore , this directive complements and facilitates the application of those commitments . however , the scope of the intra - corporate transfers covered by this directive is broader than that implied by trade commitments , as the transfers do not necessarily take place within the services sector and may originate in a third country which is not party to a trade agreement . ### for the purpose of this directive , intra - corporate transferees encompass managers , specialists and graduate trainees with a higher education qualification . their definition links to the european qualifications framework , which sets out a european reference framework to assess qualifications in a comparable and transparent manner while being compatible with the general agreement on trade in services and bilateral trade agreements .


### as intra - corporate transfers consist of temporary migration , the applicant should provide evidence that the third - country national will be able to transfer back to an entity belonging to the same group and established in a third country at the end of the assignment . that evidence may consist of the relevant provisions under the work contract . an assignment letter should be produced providing evidence that the third - country national manager or specialist possesses the professional qualifications needed in the member state to which they have been admitted to occupy the post or the regulated profession . ### as intra - corporate transfers consist of temporary migration , the applicant should provide evidence that the work contract of the third - country national will be valid also after the end of the transfer and the worker will be able to transfer back to an entity belonging to the same group and established in a third country at the end of the assignment . that evidence may consist of the relevant provisions under the work contract . an assignment letter should be produced providing evidence that the third - country national manager or specialist possesses the professional qualifications needed in the member state to which they have been admitted to occupy the post or the regulated profession .


### equal treatment should be granted under national law in respect of those branches of social security defined in article 3 of regulation no 883 / 2004 of the european parliament and of the council of 29 april 2004 on the coordination of social security systems . since this directive is without prejudice to provisions included in bilateral agreements , the social security rights enjoyed by third country national intra - corporate transferees on the basis of a bilateral agreement concluded between the member state to which the person has been admitted and his or her country of origin could be strengthened compared to the social security rights which would be granted to the transferee under national law . this directive should not confer more rights than those already provided for in existing union legislation in the field of social security for third - country nationals who have cross - border interests between member states . ### adequate social security coverage for intra - corporate transferees and their family members is a key element of this directive and important for ensuring decent working and living conditions while staying in the union . equal treatment should be granted to third - country nationals in the framework of an intra - corporate transfer . special attention should be given to provisions ensuring equal treatment as regards social security under national law in respect of those branches of social security defined in article 3 of regulation no 883 / 2004 of the european parliament and of the council of 29 april 2004 on the coordination of social security systems . without prejudice to bilateral agreements providing better social security coverage , this directive should establish mechanisms which ensure the effective coverage under social security during the stay and the mechanisms for exporting acquired rights where applicable . any restrictions to the equal treatment in the field of social security under this directive should be without prejudice to the rights conferred in application of regulation no1231 / 2010 of the european parliament and of the council of 24 november 2010 extending regulation no 883 / 2004 and regulation no 987 / 2009 to nationals of third countries who are not already covered by these regulations solely on the ground of their nationality¹ . ____________ ¹ oj l 344 , 29 . 12 . 2010 , p . 1 .


### ‘ intra - corporate transfer’ means the temporary secondment of a third - country national from an undertaking established outside the territory of a member state and to which the third - country national is bound by a work contract , to an entity belonging to the undertaking or to the same group of undertakings which is established inside this territory ; ### ‘ intra - corporate transfer’ means the temporary secondment of a third - country national worker from an undertaking established outside the territory of a member state and to which the third - country national worker is bound by a work contract with a minimum previous existence of one year before the transfer , to an entity belonging to the undertaking or to the same group of undertakings which is established inside this territory ;


### ‘ manager’ means any person working in a senior position , who principally directs the management of the host entity , receiving general supervision or direction principally from the board of directors or stockholders of the business or equivalent ; this position includes : directing the host entity or a department or sub - division of the host entity , supervising and controlling the work of other supervisory , professional or managerial employees , having the authority personally to hire and dismiss or recommend hiring , dismissing or other personnel actions ; ### ‘ manager’ means any worker with qualifications equivalent to at least level 7 of the european qualifications framework working in a senior position , who principally directs the management of the host entity , receiving general supervision or direction principally from the board of directors or stockholders of the business or equivalent ; this position includes : directing the host entity or a department or sub - division of the host entity , supervising and controlling the work of other supervisory , professional or managerial employees , having the authority personally to hire and dismiss or recommend hiring , dismissing or other personnel actions ;


### whatever the law applicable to the employment relationship , intra - corporate transferees shall be entitled to : ### whatever the law applicable to the employment relationship , intra - corporate transferees shall be entitled to at least equal treatment with nationals of the host member state as regards :


### in its communication ‘ a digital agenda for europe’ the commission announced that public sector websites should be fully accessible by 2015 . ### for the implementation of ‘ a digital agenda for europe’ the commission announced that public sector websites and websites providing services of general interest to cititzens should be fully accessible by 2015 .


### the framework programme for research , technological development and demonstration and the competitiveness and innovation programme support research on and the development of technological solutions to accessibility problems . ### the framework programme for research , technological development and demonstration and the competitiveness and innovation programme support research on and the development of technological solutions to accessibility problems whereas within the framework programmes 6 and 7 the commission has been funding research into free / libre and open source software .


### the approximation of national measures at union level , based on an agreement on accessibility requirements for public sector bodies ' websites , is necessary in order to put an end to fragmentation . it would reduce uncertainty for web - developers and would foster interoperability . by using accessibility requirements which are technology neutral , innovation will not be hampered and may possibly even be stimulated . ### the approximation of national measures at union level , based on an agreement on accessibility requirements for public sector bodies ' websites as well as websites of bodies providing services of general interest to citizens for the public , is necessary in order to put an end to fragmentation . it would reduce uncertainty for web - developers and would foster interoperability . by using accessibility requirements which are technology neutral , innovation will not be hampered and may possibly even be stimulated .


### the web–accessibility requirements defined in this directive are technology neutral . they only indicate which basic functionalities have to be fulfilled for the user to perceive , operate or understand a site and its content . they do not specify how this has to be achieved or what technology should be selected for a particular site , on - line information or application . as such they do not hamper innovation . ### the web–accessibility requirements defined in this directive are technology neutral . they only indicate which basic functionalities have to be fulfilled for the user to perceive , operate , understand and interact with a site and its content . they do not specify how this has to be achieved or what technology should be selected for a particular site , on - line information or application . as such they do not hamper innovation and account for permanent technological and societal dynamics concerning the use of web contents , e . g . the broadening utilization of hand - held devices .


### interoperability related to web - accessibility should be based on commonly adopted and used specifications that maximize the compatibility of the web - content with current and future user agents and assistive technologies . more specifically , web - content should provide user agents with a common internal coding of natural language , structures , relations , and sequences , as well as data of any embedded user - interface components . interoperability thus benefits the users , allowing them to employ their user agents ubiquitously to access websites : they might also benefit from greater choice and reduced prices across the union . interoperability would also benefit the suppliers and buyers of web - accessibility related products and services . ### interoperability related to web - accessibility should be based on commonly adopted and used specifications that maximize the compatibility of the web - content with current and future user agents and assistive technologies in a variety of software environments , including foss . more specifically , web - content should provide user agents with a common internal encoding of natural language , structures , relations , and sequences , as well as data of any embedded user - interface components . interoperability , which can be supported by the promotion of foss solutions , thus benefits the users , allowing them to employ a variety of user agents and devices meeting their needs ubiquitously to access websites : they might also benefit from greater choice and reduced prices across the union . interoperability would also benefit the suppliers and buyers of web - accessibility related products and services .


### the directive should aim at ensuring that certain types of public sector bodies ' websites that are essential to the public are made accessible according to common requirements . such types were identified in the 2001 e - government benchmarking exercise25 and have been used as a basis for the list in the annex . ### the directive should aim at ensuring that public sector bodies ' websites that are essential to the public are made fully accessible to persons with disabilities so that they are enabled to live independently and participate fully in all aspects of life as stated in the uncrpd . the identification of such websites should include websites providing services of general interest .


### the conformity with web - accessibility requirements should be continuously monitored from the initial construction of the public sector bodies ' website to all subsequent updates of its content . a harmonised monitoring methodology would cover a way of verifying , on a uniform basis in all members states , the degree of compliance of the website with the requirements for web - accessibility , the collection of representative samples and the periodicity of the monitoring . . member states should report annually on the outcome of the monitoring and more generally on the list of actions taken in application of this directive . ### the conformity with web - accessibility requirements should be continuously monitored from the initial construction of the public sector bodies ' website to all subsequent updates of its content . a harmonised monitoring methodology would cover a way of verifying , on a uniform basis in all members states , the degree of compliance of the website with the requirements for web - accessibility , the collection of representative samples and the periodicity of the monitoring . member states should report annually on the outcome of the monitoring and more generally on the list of actions taken in application of this directive . those reports should be made available to the public .