### public procurement plays a key role in the europe 2020 strategy 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 sectors 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 contracts 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 strategy 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 sectors 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 contracts have to be revised and modernised in order to enable procurers 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 encouraging local procurement . as well as enabling 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 , what to buy is up to the contracting authorities . contracting authorities are encouraged to set demands that are stricter or go further than current eu legislation in specific areas , in order to reach the common objectives .


### the increasingly diverse forms of public action have made it necessary to define more clearly the notion of procurement itself . the union rules on public procurement are not intended to cover all forms of disbursement of public money , but only those aimed at the acquisition of works , supplies or services for consideration . the notion of acquisition should be understood broadly in the sense of obtaining the benefits of the works , supplies or services in question , not necessarily requiring a transfer of ownership to the contracting authorities . furthermore , the mere financing of an activity , which is frequently linked to the obligation to reimburse the amounts received where they are not used for the purposes intended , does not usually fall under the public procurement rules . ### the increasingly diverse forms of public action have made it necessary to define more clearly the notion of procurement itself . the union rules on public procurement are not intended to cover all forms of disbursement of public money , but only those aimed at the acquisition of works , supplies or services for consideration . the notion of acquisition should be understood broadly in the sense of obtaining the benefits of the works , supplies or services in question , not necessarily requiring a transfer of ownership to the contracting authorities . furthermore , the mere financing of an activity , which is frequently linked to the obligation to reimburse the amounts received where they are not used for the purposes intended , does not fall under the public procurement rules . contracts awarded to controlled entities or cooperation for the joint execution of the public service tasks of the participating contracting authorities are not subject of the public procurement rules if the conditions set out in this directive are fulfilled .


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


### contracts should be awarded on the basis of objective criteria that ensure compliance with the principles of transparency , non - discrimination and equal treatment . these criteria should guarantee that tenders are assessed in conditions of effective competition , also where contracting authorities require high - quality works , supplies and services that are optimally suited to their needs , for instance where the chosen award criteria include factors linked to the production process . as a result , contracting authorities should be allowed to adopt as award criteria either ‘ the most economically advantageous tender’ or ‘ the lowest cost’ , taking into account that in the latter case they are free to set adequate quality standards by using technical specifications or contract performance conditions . ### to ensure the efficient use of public funds and enable contracting authorities to obtain best value for money , the award procedure should result in the procurement of high - quality works , supplies and services that are optimally suited to contracting authorities ' functional and sustainability objectives . the award procedure should also guarantee that tenders are assessed in conditions of effective competition , with contracts awarded on the basis of objective criteria that ensure compliance with the principles of transparency , non - discrimination and equal treatment . accordingly , contracting authorities should be allowed to adopt award criteria formulated to assess the contracting authority ' s sustainability concerns including , for example , factors linked to the production process and other life cycle characteristics . it should also be noted that contracting authorities are also free to set adequate sustainability and other quality standards by using technical specifications or contract performance conditions .


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


### it is of utmost importance to fully exploit the potential of public procurement to achieve the objectives of the europe 2020 strategy for sustainable growth . in view of the important differences between individual sectors and markets , it would however not be appropriate to set general mandatory requirements for environmental , social and innovation procurement . the union legislature has already set mandatory procurement requirements for obtaining specific goals in the sectors of road transport vehicles and office equipment no 106 / 2008 of the european parliament and the council of 15 january 2008 on a community energy - efficiency labelling programme for office equipment ) . in addition , the definition of common methodologies for life cycle costing has significantly advanced . it therefore appears appropriate to continue on that path , leaving it to sector - specific legislation to set mandatory objectives and targets in function of the particular policies and conditions prevailing in the relevant sector and to promote the development and use of european approaches to life - cycle costing as a further underpinning for the use of public procurement in support of sustainable growth . ### it is of utmost importance to fully exploit the potential of public procurement to achieve the objectives of the europe 2020 strategy for sustainable growth . in view of the important differences between individual sectors and markets , it would however not be appropriate to set general mandatory requirements for environmental , social and innovation procurement . the union legislature has already set mandatory procurement requirements for obtaining specific goals in the sectors of road transport vehicles and office equipment no 106 / 2008 of the european parliament and the council of 15 january 2008 on a community energy - efficiency labelling programme for office equipment ) . in addition , the definition of common methodologies for life cycle costing continues to advance significantly , and sector - specific applications of life - cycle costing continue to be developed , tested , and refined . it therefore appears appropriate to continue to use sector - specific legislation to set mandatory objectives and targets in the context of the particular policies and conditions prevailing in the relevant sector to further the use of public procurement in support of sustainable growth . these efforts should incorporate sector - appropriate applications of sound methodologies for life cycle costing . in accordance with other provisions of this directive , mandatory procurement criteria adopted through sector - specific legislation may also include technical specifications and award criteria that incorporate sustainability considerations relating to generalised social and environmental benefits or harms , even where these have not been or cannot be monetised , provided that they are linked with the subject matter of the contract and strictly adhere to the principles of transparency , non - discrimination , and equal protection .


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


### whenever a common methodology for the calculation of life - cycle costs is adopted as part of a legislative act of the union , including by delegated acts pursuant to sector specific legislation , it shall be applied where life - cycle costing is included in the award criteria referred to in article 66 . ### any common methodology for the calculation of life - cycle costs adopted as part of a legislative act of the union , pursuant to sector specific legislation , or as part of a european technical specification shall be deemed to meet the criteria as set out in paragraph 2 and may be included in the award criteria referred to in article 66 .


### health and social services ### health and social services , including ambulance services


### a cooperation mechanism should be established at union level to allow for information exchange and coordinated detection and response regarding network and information security . for that mechanism to be effective and inclusive , it is essential that all member states have minimum capabilities and a strategy ensuring a high level of nis in their territory . minimum security requirements should also apply to public administrations and operators of critical information infrastructure to promote a culture of risk management and ensure that the most serious incidents are reported . ### a cooperation mechanism should be established at union level to allow for information exchange and coordinated detection and response regarding network and information security . for that mechanism to be effective and inclusive , it is essential that all member states have minimum capabilities and a strategy ensuring a high level of nis in their territory . minimum security requirements should also apply to public administrations and market operators to promote a culture of risk management and ensure that incidents are reported .


### to achieve and maintain a common high level of security of network and information systems , each member state should have a national nis strategy defining the strategic objectives and concrete policy actions to be implemented . nis cooperation plans complying with essential requirements need to be developed at national level in order to reach capacity response levels allowing for effective and efficient cooperation at national and union level in case of incidents . ### to achieve and maintain a common high level of security of network and information systems , each member state should have a national nis strategy defining the strategic objectives and concrete policy actions to be implemented . nis cooperation plans complying with essential requirements need to be developed at national level , on the basis of minimum requirements set in this directive , in order to reach capacity response levels allowing for effective and efficient cooperation at national and union level in case of incidents .


### to allow for the effective implementation of the provisions adopted pursuant to this directive , a body responsible for coordinating nis issues and acting as a focal point for cross - border cooperation at union level should be established or identified in each member state . these bodies should be given the adequate technical , financial and human resources to ensure that they can carry out in an effective and efficient manner the tasks assigned to them and thus achieve the objectives of this directive . ### to allow for the effective implementation of the provisions adopted pursuant to this directive , a civilian body responsible for coordinating nis issues and acting as a focal point for cross - border cooperation at union level should be established or identified in each member state in the form of an industrial control system computer emergency response team . these bodies should be given the adequate technical , financial and human resources to ensure that they can carry out in an effective and efficient manner the tasks assigned to them and thus achieve the objectives of this directive .


### all member states should be adequately equipped , both in terms of technical and organisational capabilities , to prevent , detect , respond to and mitigate network and information systems ' incidents and risks . well - functioning computer emergency response teams complying with essential requirements should therefore be established in all member states to guarantee effective and compatible capabilities to deal with incidents and risks and ensure efficient cooperation at union level . ### all member states should be adequately equipped , both in terms of technical and organisational capabilities , to prevent , detect , respond to and mitigate network and information systems ' incidents and risks . well - functioning ics - certs complying with essential requirements should therefore be established in all member states to guarantee effective and compatible capabilities to deal with incidents and risks and ensure efficient cooperation at union level .


### building upon the significant progress within the european forum of member states in fostering discussions and exchanges on good policy practices including the development of principles for european cyber crisis cooperation , the member states and the commission should form a network to bring them into permanent communication and support their cooperation . this secure and effective cooperation mechanism should enable structured and coordinated information exchange , detection and response at union level . ### building upon the significant progress within the european forum of member states in fostering discussions and exchanges on good policy practices including the development of principles for european e - crisis cooperation , the member states and the commission should form an institutional network to bring them into permanent communication and support their cooperation .


### creates a cooperation mechanism between member states in order to ensure a uniform application of this directive within the union and , where necessary , a coordinated and efficient handling of and response to risks and incidents affecting network and information systems ; ### creates an institutional cooperation mechanism between member states in order to ensure a uniform application of this directive within the union and , where necessary , a coordinated and efficient handling of and response to risks and incidents affecting network and information systems ;


### the sharing of information within the cooperation network under chapter iii and the notifications of nis incidents under article 14 may require the processing of personal data . such processing , which is necessary to meet the objectives of public interest pursued by this directive , shall be authorised by the member state pursuant to article 7 of directive 95 / 46 / ec and directive 2002 / 58 / ec , as implemented in national law . ### the sharing of information within the cooperation network under chapter iii and the notifications of nis incidents under article 14 may require the processing of personal data . such processing , which is necessary to meet the objectives of public interest pursued by this directive , shall be authorised by the member state pursuant to article 7 of directive 95 / 46 / ec and directive 2002 / 58 / ec , as implemented in national law , after taking all measures to ensure that the data is anonymised .


### operator of critical infrastructure that are essential for the maintenance of vital economic and societal activities in the fields of energy , transport , banking , stock exchanges and health , a non - exhaustive list of which is set out in annex ii . ### operator of infrastructure that are essential for the maintenance of vital economic and societal activities such as in the fields of energy , transport , banking , stock exchanges and health , a non - exhaustive list of which is set out in annex ii .


### the competent authorities and the commission shall form a network to cooperate against risks and incidents affecting network and information systems . ### the competent authorities and the commission shall form an institutional network to cooperate against risks and incidents affecting network and information systems .


### the competent authorities or the commission shall provide early warnings within the cooperation network on those risks and incidents that fulfil at least one of the following conditions : ### the competent authorities or the commission shall provide early warnings within the institutional cooperation network on those risks and incidents that fulfil at least one of the following conditions :


### member states shall ensure that public administrations and market operators take appropriate technical and organisational measures to manage the risks posed to the security of the networks and information systems which they control and use in their operations . having regard to the state of the art , these measures shall guarantee a level of security appropriate to the risk presented . in particular , measures shall be taken to prevent and minimise the impact of incidents affecting their network and information system on the core services they provide and thus ensure the continuity of the services underpinned by those networks and information systems . ### the european union and its member states , public administrations and market operators shall take appropriate technical and organisational measures to manage the risks posed to the security of the networks and information systems they develop , and / or operate , and / or control and use in their operations . having regard to the state of the art , these measures shall guarantee a level of security appropriate to the risk presented . in particular , measures shall be taken to prevent and minimise the impact of incidents affecting their network and information system on the core services they provide and thus ensure the continuity of the services underpinned by those networks and information systems .


### member states shall ensure that the competent authorities have all the powers necessary to investigate cases of non - compliance of public administrations or market operators with their obligations under article 14 and the effects thereof on the security of networks and information systems . ### the competent authorities shall investigate cases of non - compliance with the obligations of this directive and the effects thereof on the security of networks and information systems .


### to ensure convergent implementation of article 14 , member states shall encourage the use of standards and / or specifications relevant to networks and information security . ### to ensure convergent implementation of article 14 , member states shall encourage the use of open standards and / or specifications relevant to networks and information security , and ensure that these standards comply with existing union legislation .


### the efficient use of human capital is the most important determinant of an economy ' s competitiveness and is key to addressing the eu ' s demographic challenges , to competing successfully in a globalised economy and to ensuring a comparative advantage vis - à - vis third countries . the pool of highly trained and qualified women is constantly growing as evidenced by the fact that 60 per cent of university graduates are female . a continued failure to draw on this pool in appointments to economic decision - making positions would amount to a failure to fully exploit skilled human capital . ### the efficient use of human capital is the most important determinant of an economy ' s competitiveness , to competing successfully in a globalised economy . there is a pool of highly trained and qualified women as evidenced among others by the fact that 60 per cent of university graduates are female . a continued failure to draw on this pool in appointments to economic decision - making positions would amount to a failure to fully exploit skilled human capital .


### the union should therefore aim to increase the presence of women on company boards , in order both to boost economic growth and the competitiveness of european companies and to achieve effective gender equality on the labour market . this aim should be pursued through minimum requirements on positive action in the form of binding measures aiming at attaining a quantitative objective for the gender composition of boards of listed companies , in the view of the fact that member states and other countries which have chosen this or a similar method have achieved the best results in reducing the under - representation of women in economic decision - making positions . ### the union should therefore aim to increase the presence of women on company boards in all member states , in order to boost economic growth , encourage labour market mobility and strengthen the competitiveness of european companies and to achieve effective gender equality on the labour market . this aim should be pursued through minimum requirements on positive action in the form of binding measures aiming at attaining a quantitative objective for the gender composition of boards of listed companies and large public undertakings , in the view of the fact that member states and other countries which have chosen this or a similar method have achieved the best results in reducing the under - representation of women in economic decision - making positions .


### in accordance with the principle of proportionality , as set out in that same article , this directive is limited to setting common objectives and principles and does not go beyond what is necessary in order to achieve those objectives . member states are given sufficient freedom to determine how the objectives laid down in this directive should best be achieved taking national circumstances into account , in particular rules and practices concerning recruitment for board positions . this directive does not interfere with the possibility for companies to appoint the most qualified board members , and it grants a sufficiently long period of adaptation for all listed companies . ### in accordance with the principle of proportionality , as set out in that same article , this directive is limited to setting common objectives and principles and does not go beyond what is necessary in order to achieve those objectives . member states are given sufficient freedom to determine how the objectives laid down in this directive should best be achieved taking national circumstances into account , in particular rules and practices concerning recruitment for board positions . this directive does not interfere with the possibility for companies to appoint the most qualified board members , and it grants a sufficiently long period of adaptation for all listed companies and large public undertakings .


### member states shall ensure that listed companies are obliged to disclose , on the request of an unsuccessful candidate , the qualification criteria upon which the selection was based , the objective comparative assessment of those criteria and , where relevant , the considerations tilting the balance in favour of a candidate of the other sex . ### member states shall ensure that listed companies and large public undertakings are obliged to disclose to an unsuccessful candidate , the number and gender of the candidates in the selection pool while respecting their anonymity in accordance with eu law on data protection , the qualification criteria upon which the recruitment , selection or appointment was based , the objective comparative assessment of those criteria and , where relevant , the considerations tilting the balance in favour of a candidate of the other sex .


### member states shall take the necessary measures , in accordance with their national judicial systems , to ensure that where an unsuccessful candidate of the under - represented sex establishes facts from which it may be presumed that that candidate was equally qualified as the appointed candidate of the other sex , it shall be for the listed company to prove that there has been no breach of the rule laid down in paragraph 3 . ### member states shall take the necessary measures , in accordance with their national judicial systems , to ensure that listed companies and large public undertakings are able to demonstrate that their appointment process has been carried out in compliance with the rule laid down in paragraph 3 , particularly in cases where an unsuccessful candidate of the under - represented sex establishes facts from which it may be presumed that that candidate was equally qualified as the appointed candidate of the other sex , it shall be for the listed company or large public undertaking to prove that there has been no breach of the rule laid down in paragraph 3 .


### the member state in question shall notify this information to the commission . ### the member state in question shall notify this information to the commission . the commission shall inform the european parliament and council of the member state ' s request . the suspension shall be automatically revoked if insufficient progress is made towards the aim of this directive which is deemed the case if the percentage of the under - represented sex is lower than 30% by 2017 or by 2015 in case of public undertakings .


### food security , sustainable agriculture , marine and maritime research , and the bio - economy ; ### food security , quality and safety , sustainable agriculture , marine and maritime research , and the bio - economy ;


### climate action , resource efficiency and raw materials ; ### climate action , environment , resource efficiency and conservation , sustainable use of raw materials ;


### by fostering novel ideas , fet shall support embryonic science and technology research exploring new foundations for radically new future technologies by challenging current paradigms and venturing into unknown areas . a bottom - up selection process widely open to any research ideas shall build up a diverse portfolio of targeted projects . early detection of promising new areas , developments and trends , along with attracting new and high - potential research and innovation players , will be key . ### by fostering novel ideas , fet shall support emerging science and technology research exploring new foundations for radically new future technologies by challenging current paradigms , such as the use of animal models in biomedical research or for the testing of chemicals for adverse effects on human health , and venturing into unknown areas . a bottom - up selection process widely open to any research ideas shall build up a diverse portfolio of targeted projects . early detection of promising new areas , developments and trends , along with attracting new and high - potential research and innovation players , will be key .


### the global business environment is changing rapidly and the europe 2020 goals for smart , sustainable and inclusive growth present challenges and opportunities to european industry . europe needs to accelerate innovation , transforming the knowledge generated to underpin and enhance existing products , services and markets ; and to create new ones . innovation should be exploited in the widest sense , going beyond technology to include business , organisational and social aspects . ### the global business environment is changing rapidly and the europe 2020 goals for smart , sustainable and inclusive growth present challenges and opportunities to european industry . europe needs to accelerate innovation , transforming the knowledge generated to underpin and enhance quality and sustainability of existing products , services and markets ; and to create new ones . innovation should be exploited in the widest sense , going beyond technology to include business , organisational and social aspects .


### the activities under ‘ leadership in enabling and industrial technologies’ will be primarily based on research and innovation agendas defined by industry and business , together with the research community and have a strong focus on leveraging private sector investment . ### the activities under ' leadership in enabling and industrial technologies ' will be primarily based on research and innovation agendas defined together with industry and business , research community and other stakeholders organisations such as civil society organisations ; activities will aim not only at addressing common needs and concerns in the specific sector but also at supporting implementation of policy objectives in those specific sectors ; activities will have a strong focus on leveraging private sector investment .


### the specific objective of nanotechnologies research and innovation is to secure union leadership in this high growth global market , by stimulating investment in nanotechnologies and their uptake in high added - value , competitive products and services across a range of applications and sectors . ### the specific objective of nanotechnologies research and innovation is to secure union leadership in this high growth global market , by stimulating investment in safe and responsible nanotechnologies and their uptake in high added - value , competitive products and services across a range of applications and sectors .


### materials are at the core of industrial innovation and are key enablers . advanced materials with higher knowledge content , new functionalities and improved performance are indispensable for industrial competitiveness and sustainable development across a range of applications and sectors ### materials are at the core of industrial innovation and are key enablers . advanced materials with higher knowledge content , new functionalities and improved performance , in particular in terms of resource and energy efficiency , are indispensable for industrial competitiveness and sustainable development across a range of applications and sectors


### research and development to investigate alternatives to the use of materials and innovative business model approaches . ### research and development to investigate alternatives to the use of materials , substitution of critical raw material or hazardous substances . development of innovative business model approaches .


### powered by the expansion of the knowledge of living systems , biotechnology is set to deliver a stream of new applications and to strengthen the union ' s industrial base and its innovation capacity . examples of the rising importance of biotechnology are in industrial applications including bio - chemicals , of which the market share is estimated to increase by up to 12 % - 20 % of chemical production by 2015 . a number of the so - called twelve rules of green chemistry are also addressed by biotechnology , due to the selectivity and efficiency of bio - systems . the possible economic burdens for union enterprises can be reduced by harnessing the potential of biotechnology processes and bio - based products to reduce co2 emissions , estimated to range from between 1 to 2 . 5 billion tons co2 equivalent per year by 2030 . in europe ' s biopharmaceutical sector , already some 20 % of the current medicines are derived from biotechnology , with up to 50 % of new medicines . biotechnology also opens new avenues for exploiting the huge potential of marine resources for producing innovative industrial , health and environmental applications . the emerging sector of marine biotechnology has been predicted to grow by 10 % a year . ### powered by the expansion of the knowledge of living systems , biotechnology is set to deliver a stream of new applications and to strengthen the union ' s industrial base and its innovation capacity . examples of the rising importance of biotechnology are in industrial applications including bio - chemicals , of which the market share is estimated to increase by up to 12 % - 20 % of chemical production by 2015 . a number of the so - called twelve rules of green chemistry are also addressed by biotechnology , due to the selectivity and efficiency of bio - systems . union enterprises can benefit by the co2 emission reduction the potential of biotechnology processes and bio - based products , estimated to range from between 1 to 2 . 5 billion tons co2 equivalent per year by 2030 . in europe ' s biopharmaceutical sector , already some 20 % of the current medicines are derived from biotechnology , with up to 50 % of new medicines . biotechnology may open avenues for using marine resources for producing innovative industrial , health and environmental applications . the emerging sector of marine biotechnology has been predicted to grow by 10 % a year .


### the specific objective of advanced manufacturing and processing research and innovation is to transform today ' s industrial forms of production towards more knowledge intensive , sustainable , trans - sectoral manufacturing and processing technologies , resulting in more innovative products , processes and services . ### the specific objective of advanced manufacturing and processing research and innovation is to transform today ' s industrial forms of production towards more knowledge intensive , sustainable , resource and energy efficient trans - sectoral manufacturing and processing technologies , resulting in more innovative products , processes and services .


### europe needs to continue to invest at an union level to maintain european leadership and competence in manufacturing technologies and make the transition to high - value , knowledge - intensive goods , creating the conditions and assets for sustainable , production and provision of lifetime service around a manufactured product . resource intensive manufacturing and process industries need to further mobilise resources and knowledge at union level and continue to invest in research , development and innovation to enable further progress towards a competitive low carbon economy and to comply with the agreed union wide reductions in greenhouse gas emissions by 2050 for industrial sectors . ### europe needs to continue to invest at an union level to maintain european leadership and competence in manufacturing technologies and make the transition to high - value , resource and energy efficient , knowledge - intensive goods , creating the conditions and assets for sustainable , production and provision of lifetime service around a manufactured product . resource intensive manufacturing and process industries need to further mobilise resources and knowledge at union level and continue to invest in research , development and innovation to enable further progress towards a competitive low carbon and resource efficient economy and to comply with the agreed union wide reductions in greenhouse gas emissions by 2050 for industrial sectors .


### promoting sustainable industrial growth by facilitating a strategic shift in europe from cost - based manufacturing to an approach based on the creation of high added value . ### promoting sustainable industrial growth by facilitating a strategic shift in europe from cost - based manufacturing to an approach based on the creation of high added value , materials efficiency and closed - loop systems .


### increasing the competitiveness of process industries , by drastically improving resource and energy efficiencies and reducing the environmental impact of such industrial activities through the whole value chain , promoting the adoption of low - carbon technologies . ### increasing the competitiveness of process industries , by drastically improving resource and energy efficiencies and reducing the environmental impact of such industrial activities through the whole value chain , promoting the adoption of resource and energy efficient technologies , processes and materials .


### a considerably increased exploitation of data from european satellites can be achieved if a concerted effort is made to coordinate and organise the processing , validation and standardisation of space data . innovations in data handling and dissemination can also ensure a higher return on investment of space infrastructure , and contribute to tackling societal challenges , in particular if coordinated in a global effort such as through global earth observation system of systems , the european satellite navigation programme galileo or ipcc for climate change issues . ### a considerably increased exploitation of data from european satellites can be achieved if a concerted effort is made to coordinate and organise the processing , validation and standardisation of space data . innovations in data handling , dissemination and interoperability , in particular promotion of free access to and exchange of earth science data and metadata can also ensure a higher return on investment of space infrastructure , and contribute to tackling societal challenges , in particular if coordinated in a global effort such as through global earth observation system of systems , the european satellite navigation programme galileo or ipcc for climate change issues .


### a fully functional european bio - economy – encompassing the sustainable production of renewable resources from land and aquatic environments and their conversion into food , bio - based products and bioenergy as well as the related public goods - will generate high european added value . managed in a sustainable manner , it can reduce the environmental footprint of primary production and the supply chain as a whole . it can increase their competitiveness and provide jobs and business opportunities for rural and coastal development . the food security , sustainable agriculture , and overall bio - economy – related challenges are of a european and global nature . actions at union level are essential to bring together clusters to achieve the necessary breadth and critical mass to complement efforts made by a single or groups of member states . a multi - actor approach will ensure the necessary cross - fertilising interactions between researcher , businesses , farmers / producers , advisors and end - users . the union level is also necessary to ensure coherence in addressing this challenge across sectors and with strong links to relevant union policies . coordination of research and innovation at union level will stimulate and help to accelerate the required changes across the union . ### a fully functional european bio - economy – encompassing the sustainable production of renewable resources from land and aquatic environments and their conversion into food , bio - based products and bioenergy as well as the related public goods - will generate high european added value . managed in a sustainable manner , it can reduce the environmental footprint of primary production and the supply chain as a whole . it can increase their competitiveness and provide jobs and business opportunities for rural and coastal development . in parallel to the market oriented functions , the bio - economy sustains also a wide range of public goods function that should be preserved : agricultural and forested landscape , farmland and forest biodiversity , water quality and availability , soil functionality , climate stability , air quality , resilience to flooding and fire . the food security , sustainable agriculture , and overall bio - economy – related challenges are of a european and global nature . actions at union level are essential to bring together clusters to achieve the necessary breadth and critical mass to complement efforts made by a single or groups of member states . a multi - actor approach will ensure the necessary cross - fertilising interactions between researcher , businesses , farmers / producers , advisors , consumers and end - users . the union level is also necessary to ensure coherence in addressing this challenge across sectors and with strong links to relevant union policies . coordination of research and innovation at union level will stimulate and help to accelerate the required changes across the union .


### challenge - driven actions focusing on social and economic benefits and the modernisation of the bio - economy associated sectors and markets shall be supported through multi - disciplinary research , driving innovation and leading to the development of new practices , products and processes . it shall also pursue a broad approach to innovation ranging from technological , non - technological , organisational , economic and social innovation to for instance novel business models , branding and services . ### challenge - driven actions focusing on social , environmental and economic benefits and the modernisation of the bio - economy associated sectors , participating actors and markets shall be supported through multi - disciplinary research , driving innovation and leading to the development of new practices , sustainable products and processes . it shall also pursue a broad approach to innovation ranging from technological , non - technological , organisational , economic and social innovation to for instance novel business models , branding and services . the potential of farmers and smes to contribute to innovation in the field must be fully recognised . the approach to the bio - based economy shall take account of the importance of local knowledge enhancing local capabilities , while also accommodating diversity and complexity .


### the aim is to supply sufficient food , feed , biomass and other raw - materials , while safeguarding natural resources and enhancing ecosystems services , including coping with and mitigating climate change . the activities shall focus on more sustainable and productive agriculture and forestry systems which are both resource - efficient and resilient , while at the same time developing of services , concepts and policies for thriving rural livelihoods . ### the aim is to supply sufficient food , feed , biomass and other raw - materials , while safeguarding natural resources including biodiversity , in a european and world - wide perspective and enhancing ecosystems services , including with and mitigating climate change . the activities shall focus on more sustainable , resilient and productive agriculture and forestry systems which are both resource - efficient , protect natural resources , are diverse and can adapt to a changing environment and are resilient , while at the same time developing of services , concepts and policies for divers food systems and thriving rural livelihoods


### the aim is to meet the requirements of citizens for safe , healthy and affordable food , and to make food and feed processing and distribution more sustainable and the food sector more competitive . the activities shall focus on healthy and safe foods for all , informed consumer choices , and competitive food processing methods that use less resources and produce less by - products , waste and green - house gases . ### the aim is to meet the requirements of citizens for safe , healthy and affordable food , and to make food and feed processing and distribution as well as food consumption more sustainable and the food sector more competitive . the activities shall focus on a broad diversity of healthy , authentic , high quality and safe foods for all , informed consumer choices , and competitive food processing methods that use less resources and additives and produce less by products , waste and green - house gases .


### the aim is to sustainably exploit aquatic living resources to maximise social and economic benefits / returns from europe ' s oceans and seas . the activities shall focus on an optimal contribution to secure food supplies by developing sustainable and environmentally friendly fisheries and competitive european aquaculture in the context of the global economy and on boosting marine innovation through biotechnology to fuel smart ‘ blue’ growth . ### the aim is to sustainably exploit aquatic living resources to maximise social and economic benefits / returns from europe ' s oceans and seas while protecting biodiversity and ecosystem services . the activities shall focus on an optimal contribution to secure food supplies by developing sustainable and environmentally friendly fisheries and european aquaculture in the context of the global economy . environmental concerns regarding the use of biotechnology in open marine ecosystems have to be carefully taken into account .


### the aim is the promotion of low carbon , resource efficient , sustainable and competitive european bio - based industries . the activities shall focus on fostering the bio - economy by transforming conventional industrial processes and products into bio - based resource and energy efficient ones , the development of integrated biorefineries , utilising biomass from primary production , biowaste and bio - based industry by - products , and opening new markets through supporting standardisation , regulatory and demonstration / field trial activities and others , while taking into account the implication of the bio - economy on land use and land use changes . ### the aim is the promotion of renewable - based and energy efficient , resource efficient , sustainable and competitive european bio - based industries . the activities shall focus on fostering the bio - economy by transforming conventional industrial processes and products into bio - based resource and energy efficient ones , the development of integrated biorefineries , utilising biomass from primary production , biowaste and bio - based industry by - products , and opening new markets through supporting where necessary standardisation , but also through regulatory and demonstration activities and others , while taking into account the environmental and socio - economic implication of the bio - economy on land use and land use changes .


### the union intends to reduce greenhouse gas emissions by 20 % below 1990 levels by 2020 , with a further reduction to 80 - 95 % by 2050 . in addition , renewables should cover 20 % of final energy consumption in 2020 coupled with a 20 % energy efficiency target . achieving these objectives will require an overhaul of the energy system combining low carbon profile , energy security and affordability , while at the same time reinforcing europe ' s economic competitiveness . europe is currently far from this overall goal . 80 % of the european energy system still relies on fossil fuels , and the sector produces 80 % of all the union ' s greenhouse gas emissions . every year 2 . 5 % of the union ' s gross domestic product is spent on energy imports and this is likely to increase . this trend would lead to total dependence on oil and gas imports by 2050 . faced with volatile energy prices on the world market , coupled with concerns over security of supply , european industries and consumers are spending an increasing share of their income on energy . ### the union intends to reduce greenhouse gas emissions by 20 % below 1990 levels by 2020 , with a further reduction to 80 - 95 % by 2050 . in addition , renewables should cover 20 % of final energy consumption in 2020 coupled with a 20 % energy efficiency target . by 2050 greenhouse gas emission reductions of 80 - 95% should be achieved . all decarbonisation scenarios in the energy roadmap 2050 show that renewable energy technologies will by the middle of this century account for the biggest share of energy supply technologies and that end - use energy efficiency will play a crucial role for meeting the objectives . it is therefore appropriate for 80% of the budget under this challenge to go towards research and innovation in renewable energy and end - use energy efficiency . achieving these objectives will require an overhaul of the energy system combining low carbon profile , energy security and affordability , while at the same time reinforcing europe ' s economic competitiveness . europe is currently far from this overall goal . 80 % of the european energy system still relies on fossil fuels , and the sector produces 80 % of all the union ' s greenhouse gas emissions . every year 2 . 5 % of the union ' s gross domestic product is spent on energy imports and this is likely to increase . this trend would lead to total dependence on oil and gas imports by 2050 . faced with volatile energy prices on the world market , coupled with concerns over security of supply , european industries and consumers are spending an increasing share of their income on energy .


### activities shall focus on research , development and full scale demonstration - of innovative renewables and carbon capture and storage technologies offering larger scale , lower cost , environmentally safe technologies with higher conversion efficiency and higher availability for different market and operating environments . ### activities shall focus on research , development and demonstration of innovative renewables offering more efficient , lower cost , environmentally safe technologies with higher conversion efficiency and higher availability for different market and operating environments .


### the specific objective is to achieve a resource efficient and climate change resilient economy and a sustainable supply of raw materials , in order to meet the needs of a growing global population within the sustainable limits of the planet ' s natural resources . activities will contribute to increasing european competitiveness and improving well being , whilst assuring environmental integrity and sustainability , keeping average global warming below 2 °c and enabling ecosystems and society to adapt to climate change . ### the specific objective is to achieve a resource efficient and climate change resilient economy , the protection and sustainable management of natural resources and ecosystems , a sustainable use and supply of raw materials , in order to meet the needs of a growing global population within the sustainable limits of the planet ' s natural resources . activities will contribute to increasing european well being , whilst assuring environmental integrity and sustainability , keeping average global warming below 2 °c and enabling ecosystems and society to adapt to climate change .


### meeting union and international targets for greenhouse gas emissions and concentrations and coping with climate change impacts requires the development and deployment of cost - effective technologies , and mitigation and adaptation measures . union and global policy frameworks must ensure that ecosystems and biodiversity are protected , valued and appropriately restored in order to preserve their ability to provide resources and services in the future . research and innovation can help secure reliable and sustainable access to raw materials and ensure a significant reduction in resource use and wastage . ### meeting union and international targets for greenhouse gas emissions and coping with climate change impacts requires the development and deployment of sustainable and effective non - technological and technological solutions , and mitigation and adaptation measures . union and global policy frameworks must ensure that ecosystems and biodiversity are protected , valued and appropriately restored in order to preserve their ability to provide resources and services in the future . research and innovation can help secure reliable and sustainable access to raw materials and ensure a significant reduction in resource use and wastage .


### the focus of union actions shall therefore be on supporting key union objectives and policies including : the europe 2020 strategy ; the innovation union ; resource - efficient europe and the corresponding roadmap ; the roadmap for moving to a competitive low carbon economy in 2050 ; adapting to climate change : towards a european framework for action ; the raw materials initiative ; the union ' s sustainable development strategy ; an integrated maritime policy for the union ; the marine strategy framework directive ; the eco - innovation action plan and the digital agenda for europe . these actions shall reinforce the ability of society to become more resilient to environmental and climate change and ensure the availability of raw materials . ### the focus of union actions shall therefore be on supporting key union objectives and policies including : the europe 2020 strategy ; the innovation union ; resource - efficient europe and the corresponding roadmap ; the roadmap for moving to a competitive low carbon economy in 2050 ; adapting to climate change : towards a european framework for action ; the raw materials initiative ; the union ' s sustainable development strategy ; an integrated maritime policy for the union ; the marine strategy framework directive ; the eco - innovation action plan and the 7th environmental action programme . these actions shall reinforce the ability of society to become more resilient to environmental and climate change and ensure the availability of raw materials .


### addressing the availability of raw materials calls for co - ordinated research and innovation efforts across many disciplines and sectors to help provide safe , economically feasible , environmentally sound and socially acceptable solutions along the entire value chain . innovation in these fields will provide opportunities for growth and jobs , as well as innovative options involving science , technology , the economy , policy and governance . for this reason , a european innovation partnership on raw materials is being prepared . ### addressing the sustainable use and availability of raw materials calls for co - ordinated research and innovation efforts across many disciplines and sectors to help provide safe , economically feasible , environmentally sound and socially acceptable solutions along the entire value chain . innovation in these fields will provide opportunities for growth and jobs , as well as innovative options involving science , technology , the economy , policy and governance . for this reason , a european innovation partnership on raw materials is being prepared .


### the aim is to develop and assess innovative , cost - effective and sustainable adaptation and mitigation measures , targeting both co2 and non - co2 greenhouse gases , and underlining both technological and non - technological green solutions , through the generation of evidence for informed , early and effective action and the networking of the required competences . activities shall focus on : improving the understanding of climate change and the provision of reliable climate projections ; assessing impacts , vulnerabilities and developing innovative cost - effective adaptation and risk prevention measures ; supporting mitigation policies . ### the aim is to develop and assess innovative , cost - effective and sustainable adaptation and mitigation measures , targeting both co2 and non - co2 greenhouse gases , and underlining both technological and non - technological green solutions , through the generation of evidence for informed , early and effective action and the networking of the required competences . activities shall focus on : improving the understanding of climate change and the provision of reliable climate projections ; assessing impacts , vulnerabilities and developing innovative cost - effective mitigation , adaptation and risk prevention measures ; supporting mitigation policies .


### ensuring the sustainable supply of non - energy and non - agricultural raw materials ### ensuring the sustainable use , management and supply of non - energy and non - agricultural raw materials


### the aim is to improve the knowledge base on raw materials and develop innovative solutions for the cost - effective and environmentally friendly exploration , extraction , processing , recycling and recovery of raw materials and for their substitution by economically attractive alternatives with a lower environmental impact . activities shall focus on : improving the knowledge base on the availability of raw materials ; promoting the sustainable supply and use of raw materials ; finding alternatives for critical raw materials ; and improving societal awareness and skills on raw materials . ### the aim is to improve the knowledge base on raw materials and develop innovative solutions for the cost - effective , resource efficient and environmentally friendly use , recycling and recovery of raw materials and for their substitution by economically attractive alternatives with a lower environmental impact . activities shall focus on : improving the knowledge base on the availability of raw materials ; promoting the sustainable supply and use of raw materials ; promoting eco - design , finding alternatives for critical raw materials ; developing closed - loop processes and systems , support recycling and reuse strategies and technology ; demand - side measure empowering citizens and consumers for the reduction of raw materials consumption and wastage , improving societal awareness and skills on raw materials .


### increase europe ' s resilience to crises and disasters ; ### increase europe ' s prevention , response and resilience to crises and disasters , including natural and man - made disasters ;


### research and innovation , including eco - innovation and social innovation , are among the main drivers of future growth and have been put at the centre of the europe 2020 strategy for smart , sustainable and inclusive growth . public authorities should make the best strategic use of public procurement to spur innovation . buying innovative goods and services plays a key role in improving the efficiency and quality of public services while addressing major societal challenges . it contributes to achieving best value for public money as well as wider economic , environmental and societal benefits in terms of generating new ideas , translating them into innovative products and services and thus promoting sustainable economic growth . this directive should contribute to facilitating public procurement of innovation and help member states in achieving the innovation union targets . a specific procurement procedure should therefore be provided for which allows contracting authorities to establish a long - term innovation partnership for the development and subsequent purchase of a new , innovative product , service or works provided it can be delivered to agreed performance levels and costs . the partnership should be structured in such a way that it can provide the necessary ‘ market - pull’ , incentivising the development of an innovative solution without foreclosing the market . ### research and innovation , including eco - innovation and social innovation , are among the main drivers of future growth and have been put at the centre of the europe 2020 strategy for smart , sustainable and inclusive growth . public authorities should make the best strategic use of public procurement to spur r&d and innovation . buying the r&d and deployment of innovative goods and services plays a key role in improving efficiency and quality of public services while addressing major societal challenges . it contributes to achieving best value for public money as well as wider economic , environmental and societal benefits in terms of generating new ideas , translating them into innovative products and services and thus promoting sustainable economic growth . the directive should contribute to facilitating public procurement of r&d and innovative goods and services and help member states in achieving the innovation union targets . it is therefore appropriate to clarify as much as possible the possibilities to procure r&d and innovative goods and services . a specific procurement procedure should therefore be provided for which allows contracting authorities to establish a long - term innovation partnership for the development and subsequent purchase of a new , innovative product , service or works provided it can be delivered to agreed performance levels and costs . the partnership should be structured in such a way that it can provide the necessary ‘ market - pull’ , incentivising the development of an innovative solution without foreclosing the market .


### contracts should be awarded on the basis of objective criteria that ensure compliance with the principles of transparency , non - discrimination and equal treatment . these criteria should guarantee that tenders are assessed in conditions of effective competition , also where contracting authorities require high - quality works , supplies and services that are optimally suited to their needs , for instance where the chosen award criteria include factors linked to the production process . as a result , contracting authorities should be allowed to adopt as award criteria either ‘ the most economically advantageous tender’ or ‘ the lowest cost’ , taking into account that in the latter case they are free to set adequate quality standards by using technical specifications or contract performance conditions . ### to ensure the efficient use of public funds and enable contracting authorities to obtain best value for money , the award procedure should result in the procurement of high - quality works , supplies and services that are optimally suited to contracting authorities ' functional and sustainability objectives . the award procedure should also guarantee that tenders are assessed in conditions of effective competition , with contracts awarded on the basis of objective criteria that ensure compliance with the principles of transparency , non - discrimination and equal treatment . accordingly , contracting authorities should be allowed to adopt award criteria formulated to assess the contracting authority ' s sustainability concerns including , for example , factors linked to the production process and other life cycle characteristics . it should also be noted that contracting authorities are also free to set adequate sustainability and other quality standards by using technical specifications or contract performance conditions .


### it is of utmost importance to fully exploit the potential of public procurement to achieve the objectives of the europe 2020 strategy for sustainable growth . in view of the important differences between individual sectors and markets , it would however not be appropriate to set general mandatory requirements for environmental , social and innovation procurement . the union legislature has already set mandatory procurement requirements for obtaining specific goals in the sectors of road transport vehicles and office equipment no 106 / 2008 of the european parliament and the council of 15 january 2008 on a community energy - efficiency labelling programme for office equipment ) . in addition , the definition of common methodologies for life cycle costing has significantly advanced . it therefore appears appropriate to continue on that path , leaving it to sector - specific legislation to set mandatory objectives and targets in function of the particular policies and conditions prevailing in the relevant sector and to promote the development and use of european approaches to life - cycle costing as a further underpinning for the use of public procurement in support of sustainable growth . ### it is of utmost importance to fully exploit the potential of public procurement to achieve the objectives of the europe 2020 strategy for sustainable growth . in view of the important differences between individual sectors and markets , it would however not be appropriate to set general mandatory requirements for environmental , social and innovation procurement . the union legislature has already set mandatory procurement requirements for obtaining specific goals in the sectors of road transport vehicles and office equipment no 106 / 2008 of the european parliament and the council of 15 january 2008 on a community energy - efficiency labelling programme for office equipment ) . in addition , the definition of common methodologies for life cycle costing continues to advance significantly , and sector - specific applications of life - cycle costing continue to be developed , tested , and refined . it therefore appears appropriate to continue to use sector - specific legislation to set mandatory objectives and targets concerning energy efficiency , climate change and other environmental , societal and innovation procurement in the context of the particular policies and conditions prevailing in the relevant sector to further the use of public procurement in support of sustainable growth . these efforts should incorporate sector - appropriate applications of sound methodologies for life cycle costing . in accordance with other provisions of this directive , mandatory procurement criteria adopted through sector - specific legislation may also include technical specifications and award criteria that incorporate sustainability considerations relating to generalised social and environmental benefits or harms , even where these have not been or cannot be monetised , provided that they are linked with the subject matter of the contract and strictly adhere to the principles of transparency , non - discrimination , and equal protection .


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


### quality , including technical merit , aesthetic and functional characteristics , accessibility , design for all users , environmental characteristics and innovative character ; ### quality , including technical merit , aesthetic and functional characteristics , accessibility , energy efficiency performance , design for all users , environmental characteristics and innovative character ;


### directive 96 / 82 / ec has been instrumental in reducing the likelihood and consequences of such accidents thereby leading to better protection levels throughout the union . a review of the directive has confirmed that overall the existing provisions are fit for purpose and that no major changes are required . however , the system established by directive 96 / 82 / ec should be adapted to changes to the union system of classification of dangerous substances to which it refers . in addition , a number of other provisions should be clarified and updated . ### directive 96 / 82 / ec has been instrumental in reducing the likelihood and consequences of such accidents thereby leading to better protection levels throughout the union . a review of the directive has confirmed that the rate of major accidents has remained stable . while overall the existing provisions are fit for purpose , several changes are required in order to further strengthen the level of protection , in particular with regard to the prevention of major accidents . at the same time the system established by directive 96 / 82 / ec should be adapted to changes to the union system of classification of dangerous substances to which it refers . in addition , a number of other provisions should be clarified and updated .


### certain industrial activities should be excluded from the scope of this directive due to their specific characteristics . these activities are subject to other legislation at union or national level providing an equivalent level of safety . the commission should however continue to ensure that there are no significant gaps in the existing regulatory framework , in particular as regards new and emerging risks from other activities , and take appropriate action where necessary . ### certain industrial activities should be excluded from the scope of this directive , provided they are subject to other legislation at union or national level providing an equivalent level of safety . the commission should however continue to ensure that there are no significant gaps in the existing regulatory framework , in particular as regards new and emerging risks from other activities as well as from specific dangerous substances that do not yet fall within the scope of this directive , and take appropriate action where necessary .


### annex i to directive 96 / 82 / ec lists the dangerous substances falling within its scope , inter alia by reference to certain provisions of council directive 67 / 548 / eec of 27 june 1967 on the approximation of the laws , regulations and administrative provisions relating to the classification , packaging and labelling of dangerous substances6 as well as directive 1999 / 45 / ec of the european parliament and of the council of 31 may 1999 concerning the approximation of the laws , regulations and administrative provisions of the member states relating to the classification , packaging and labelling of dangerous preparations7 . those directives have been replaced by regulation no 1272 / 2008 of the european parliament and of the council of 16 december 2008 on classification , labelling and packaging of substances and mixtures8 , which implements within the union the globally harmonised system of classification and labelling of chemicals that has been adopted at the international level , within the structure of the united nations . that regulation introduces new hazard classes and categories only partially corresponding to those used under the previous arrangements . annex i to directive 96 / 82 / ec therefore needs to be amended to align it to that regulation while maintaining the existing levels of protection of that directive . ### annex i to directive 96 / 82 / ec lists the dangerous substances falling within its scope , inter alia by reference to certain provisions of council directive 67 / 548 / eec of 27 june 1967 on the approximation of the laws , regulations and administrative provisions relating to the classification , packaging and labelling of dangerous substances6 as well as directive 1999 / 45 / ec of the european parliament and of the council of 31 may 1999 concerning the approximation of the laws , regulations and administrative provisions of the member states relating to the classification , packaging and labelling of dangerous preparations7 . those directives have been replaced by regulation no 1272 / 2008 of the european parliament and of the council of 16 december 2008 on classification , labelling and packaging of substances and mixtures8 , which implements within the union the globally harmonised system of classification and labelling of chemicals that has been adopted at the international level , within the structure of the united nations . that regulation introduces new hazard classes and categories only partially corresponding to those used under the previous arrangements . at the same time , it lacks certain important hazard classes , as they are not part of the globally harmonised system of classification and labelling of chemicals . annex i to directive 96 / 82 / ec therefore needs to be amended to align it to that regulation and to address gaps in that regulation to maintain and further increase the existing level of protection of that directive .


### flexibility is needed in order to be able to amend annex i to deal with any unwanted effects from the alignment to regulation no 1272 / 2008 and subsequent adaptations to that regulation having an impact on the classification of dangerous substances . on the basis of harmonised criteria to be developed , derogations could be granted where notwithstanding their hazard classification , substances do not present a major accident hazard . there should also be a corresponding correction mechanism to deal with substances that need to be included within the scope of this directive because of their major accident hazard potential . ### flexibility is needed in order to be able to amend annex i to deal with any unwanted effects from the alignment to regulation no 1272 / 2008 and subsequent adaptations to that regulation having an impact on the classification of dangerous substances . on the basis of harmonised criteria , derogations could be granted where notwithstanding their hazard classification , substances do not present a major accident hazard . there should also be a corresponding correction mechanism to deal with substances that need to be included within the scope of this directive because of their major accident hazard potential .


### in order to provide greater protection for residential areas , areas of substantial public use and the environment , including areas of particular natural interest or sensitivity , it is necessary for land - use or other relevant policies applied in the member states to take account of the need , in the long term , to keep a suitable distance between such areas and establishments presenting such hazards and , where existing establishments are concerned , to take account of additional technical measures so that the risk to persons is not increased . sufficient information about the risks and technical advice on these risks should be taken into account when decisions are taken . where possible , to reduce administrative burdens , procedures should be integrated with those under other union legislation . ### in order to provide greater protection for residential areas , areas of substantial public use and the environment , including areas of particular natural interest or sensitivity , it is necessary for land - use or other relevant policies applied in the member states to ensure that an adequate distance between such areas and establishments presenting such hazards is maintained and , where existing establishments are concerned , to implement additional technical measures so that the risk to persons is decreased to an acceptable level . sufficient information about the risks and technical advice on these risks should be taken into account when decisions are taken . where possible , to reduce administrative burdens , procedures should be integrated with those under other union legislation .


### the commission should be empowered to adopt delegated acts in accordance with article 290 of the treaty in respect of the adoption of criteria for derogations and amendments to the annexes of this directive . ### in order to adapt this directive to technical and scientific progress , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of amendments to part 3 of annex i , and the annexes ii , iii , iv and vi of this directive . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council .


### the exploitation of minerals in mines , quarries , or by means of boreholes , with the exception of underground gas storage in natural strata and disused mines and of chemical and thermal processing operations and storage related to those operations which involve dangerous substances , as defined in annex i ; ### the exploitation of minerals , including hydrocarbons , in mines , quarries , or by means of boreholes , with the exception of underground gas storage in natural strata and disused mines and of chemical and thermal processing operations , including hydraulic fracturing of hydrocarbons , and storage related to those operations which involve dangerous substances , as defined in annex i ;


### ‘ lower - tier establishment’ means an establishment where dangerous substances are present in quantities equal to or in excess of the quantities listed in column 2 of part 1 of annex i and column 2 of part 2 of annex i , , but less than the quantities listed in column 3 of part 1 of annex i , and column 3 of part 2 of annex i ; ### ‘ lower - tier establishment’ means an establishment where dangerous substances are present in quantities equal to or in excess of the quantities listed in column 2 of part 1 of annex i or column 2 of part 2 of annex i , where relevant , but less than the quantities listed in column 3 of part 1 of annex i , and column 3 of part 2 of annex i ;


### ‘ upper - tier establishment’ means an establishment where dangerous substances are present in quantities equal to or in excess of the quantities listed in column 3 of part 1 of annex i , and column 3 of part 2 of annex i ; ### ‘ upper - tier establishment’ means an establishment where dangerous substances are present in quantities equal to or in excess of the quantities listed in column 3 of part 1 of annex i or column 3 of part 2 of annex i , where relevant ;


### ‘ installation’ means a technical unit within an establishment in which dangerous substances are produced , used , handled or stored , including underground , and includes all the equipment , structures , pipework , machinery , tools , private railway sidings , docks , unloading quays serving the installation , jetties , warehouses or similar structures , floating or otherwise , necessary for the operation of the installation ; ### ‘ installation’ means a technical unit within an establishment in which dangerous substances are produced , used , handled or stored , including underground , and includes all the equipment , structures , pipework , machinery , tools , railway sidings , docks , unloading quays serving the installation , jetties , warehouses or similar structures , floating or otherwise , necessary for the operation of the installation ;


### ‘ operator’ means any natural or legal person who operates or controls an establishment or installation or , where this is provided for by national legislation , to whom decisive economic power over the technical functioning of the establishment or installation has been delegated ; ### ‘ operator’ means any natural or legal person who operates or controls an establishment or installation or , where this is provided for by national legislation , to whom decisive economic power over the establishment or installation has been delegated ;


### ‘ presence of dangerous substances’ means the actual or anticipated presence of dangerous substances in the establishment , or the presence of dangerous substances which it is believed may be generated during loss of control of an industrial chemical process , in quantities equal to or in excess of the thresholds set out in parts 1 and 2 of annex i . ### ‘ presence of dangerous substances’ means the actual or anticipated presence of dangerous substances in the establishment , or the presence of dangerous substances which it is believed may be generated during loss of control of any installation within the establishment , in quantities equal to or in excess of the thresholds set out in parts 1 and 2 of annex i .


### where a member state considers that a dangerous substance not listed in parts 1 or 2 of annex i , presents a major - accident hazard , it may take appropriate measures and shall notify the commission . ### where a member state considers that a dangerous substance not listed in parts 1 or 2 of annex i , presents a major - accident hazard , or that a threshold is too high , it may take appropriate measures and shall notify the commission .


### the commission shall inform the forum referred to in article 17 of notifications made pursuant to the first subparagraph of this paragraph . ### the commission shall consult the forum referred to in article 17 of notifications made pursuant to the first subparagraph of this paragraph .


### member states shall require the operator to draw up a document setting out the major - accident prevention policy and to ensure that it is properly implemented . the mapp shall be established in writing . it shall be designed to guarantee a high level of protection for human health and the environment . it shall be proportionate to the major - accident hazards . it shall include the operator ' s overall aims and principles of action , the role and responsibility of management and shall address safety culture with respect to the control of major - accident hazards . ### member states shall require the operator to draw up a document setting out the major - accident prevention policy and to ensure that it is properly implemented . the mapp shall be established in writing . it shall be designed to guarantee a high level of protection for human health and the environment . it shall be proportionate to the major - accident hazards . it shall include the operator ' s overall aims and principles of action , timetable and measures for the attainment of these objectives , periodic assessment of progress made towards achieving these objectives , the role and responsibility of management and shall address safety culture with respect to the control and the commitment towards continuously improving the prevention of major - accident hazards . it shall be implemented by appropriate means , structures and management systems and shall include the safety management system for implementing it in accordance with annex iii .


### member states shall ensure that the competent authority , using the information received from the operators in compliance with articles 6 and 9 or through inspections pursuant to article 19 , identifies all lower - tier and upper - tier establishments or groups of establishments where the likelihood and the possibility or consequences of a major accident may be increased because of the location and the proximity of such establishments , and their inventories of dangerous substances . ### member states shall ensure that the competent authority , using the information received from the operators in compliance with article 6 , article 8 and article 9 or through inspections pursuant to article 19 , identifies all lower - tier and upper - tier establishments or groups of establishments where the likelihood and the possibility or consequences of a major accident may be increased because of the location and the proximity of such establishments , and their inventories of dangerous substances , or the proximity of other sites .


### demonstrating that internal emergency plans have been drawn up and supplying information to enable the external emergency plan to be drawn up ; ### demonstrating that internal emergency plans have been drawn up in close consultation with workers and supplying information to enable the external emergency plan to be drawn up ;


### member states shall ensure that the objectives of preventing major accidents and limiting the consequences of such accidents for human health and the environment are taken into account in their land - use policies or other relevant policies . they shall pursue those objectives through controls on : ### member states shall ensure that the objectives of preventing major accidents and limiting the consequences of such accidents for human health and the environment are implemented in their land - use policies or other relevant policies . they shall pursue those objectives through controls on :


### new developments including transport links , locations frequented by the public and residential areas in the vicinity of existing establishments , where the siting or developments may increase the risk or consequences of a major accident . ### new developments including transport links , locations frequented by the public and residential areas in the vicinity of existing establishments , where the siting or developments may be the source of or increase the risk or consequences of a major accident .


### member states shall ensure that their land - use or other relevant policies and the procedures for implementing those policies take account of the need , in the long term : ### member states shall ensure by 1 june 2018 that their land - use or other relevant policies and the procedures for implementing those policies deliver the following :


### the information to be supplied under point of this paragraph shall include at least the information referred to in annex v . that information shall likewise be supplied to all establishments serving the public , including schools and hospitals , and to all neighbouring establishments in the case of establishments covered by article 8 . member states shall ensure that the information is supplied and that it is periodically reviewed and updated at least every five years . ### the information to be supplied under point of this paragraph shall include at least the information referred to in annex v . that information shall likewise be supplied to all entities serving the public , including schools and hospitals , and to all neighbouring establishments or sites covered by article 8 . member states shall ensure that the information is supplied and that it is periodically reviewed and updated at least every year .


### competent authority ### competent authority and forum


### member states shall prohibit the use or bringing into use of any establishment , installation or storage facility , or any part thereof where the measures taken by the operator for the prevention and mitigation of major accidents are seriously deficient . ### member states shall prohibit the use or bringing into use of any establishment , installation or storage facility , or any part thereof where the measures taken by the operator for the prevention and mitigation of major accidents are clearly deficient , including where the operator has not taken the necessary actions identified in the inspection report and within the deadline set pursuant to art 19 .


### the period between two site visits shall be based on a systematic appraisal of the major - accident hazards of the establishments concerned and shall not exceed one year for upper - tier establishments and three years for lower - tier establishments . if an inspection has identified an important case of non - compliance with this directive , an additional site visit shall be carried out within six months . ### the period between two site visits shall be based on a systematic appraisal of the major - accident hazards of the establishments concerned and shall not exceed one year for upper - tier establishments and two years for lower - tier establishments . if an inspection has identified an important case of non - compliance with this directive , an additional site visit shall be carried out within six months .


### access to the complete information referred to in article 13 and obtained by the competent authorities may be refused if the operator has requested not to disclose certain parts of the safety report or the inventory of dangerous substances for the reasons provided for in points , , or of article 4 of directive 2003 / 4 / ec . ### without prejudice to article 4 second subparagraph of directive 2003 / 4 / ec , access to the complete information referred to in article 13 and obtained by the competent authorities may be refused if the operator has requested not to disclose certain parts of the safety report for the reasons provided for in points , , or of article 4 of directive 2003 / 4 / ec .


### identification of neighbouring establishments , as well as other sites , areas and developments that could increase the risk or consequences of a major accident and of domino effects ; ### identification of neighbouring establishments , as well as other sites , areas and developments that could be the source of , or increase the risk or consequences of a major accident and of domino effects ;


### external risks and hazard sources , from domino effects and from other sites , areas and developments that could increase the risk or consequences of a major accident ; ### external risks and hazard sources , from domino effects and from other sites , areas and developments that could be the source of , or increase the risk or consequences of a major accident ;


### having regard to the treaty on the functioning of the european union , and in particular article 53 , article 62 and article 114 thereof , ### having regard to the treaty on the functioning of the european union , and in particular article 14 , 53 , article 62 and article 114 as well as protocol 26 thereof ,


### this directive should not in any way affect the freedom of member states or public authorities to decide on the direct provision of works or services to the public or on the outsourcing of such provision to third parties . member states or public authorities should remain free to define the characteristics of the service to be provided , including any conditions regarding the quality or price of the services , in order to pursue their public policy objectives ### this directive recognises and reaffirms the right of member states to determine the means of organisation they judge to be most appropriate for performing the works and providing the services for which they are responsible . this directive should not in any way affect the freedom of member states or public authorities to perform works or provide services to the public or to outsource such provision by delegating it to third parties . member states and public authorities shall retain the right to define and specify the characteristics of the services to be provided , including any conditions regarding the quality or price of the services , in order to pursue their public policy objectives


### concessions are contracts for pecuniary interest concluded between one or more economic operators and one or more contracting authorities or entities and having as their object the acquisition of works or services where the consideration consists , normally , in the right to exploit the works or services that are the subject of the contract . the execution of these works or services are subject to specific binding obligations defined by the contracting authority or entity which are legally enforceable . by contrast , certain state acts such as authorisations or licences whereby the state or a public authority establishes the conditions for the exercise of an economic activity , should not qualify as concessions . the same applies to certain agreements having as their object the right of an economic operator to exploit certain public domains or resources , such as land lease contracts whereby the state or contracting authority or entity establishes only general conditions for their use without acquiring specific works or services . ### concessions are contracts for pecuniary interest through which one or more contracting authorities or entities award the performance of works or the management of services for which they are responsible to one or more economic operators , and where the consideration for this delegation consists either in the right to execute and manage the works or provide the services which are the subject of the contract , or in that right together with payment . the execution of these works or services shall be subject to specific binding obligations defined by the grantor which are legally enforceable . by contrast , certain state acts , such as authorisations , permits or licences , whereby the state or a public authority establishes the conditions for the exercise of an economic activity , should not be regarded as concessions . the same applies to certain agreements having as their object the entitlement to offer social services or the right to conclude agreements by means of which the state or the contracting authority or entity grants an economic operator the right to exploit certain public domains or resources , such as in rental or lease contracts on single pieces of land , particularly in the area of maritime or inland port sector , or in rights of way , and which as a rule establishes only general conditions for their use without turning the public authority into a recipient of specific works or services provided by the contracting partner .