### “goods” means any tangible movable items ; it excludes : ### ' goods ' means any tangible movable items , with the exception of items sold by way of execution or otherwise by authority of law ; water , gas and electricity shall be considered as goods where they are put up for sale in a limited volume or a set quantity ;


### ‘ commercial guarantee’ means any undertaking by the trader or a producer to the consumer , in addition to legal obligations under article 106 in case of lack of conformity to reimburse the price paid or to replace or repair , or service goods or digital content in any way if they do not meet the specifications or any other requirements not related to conformity set out in the guarantee statement or in the relevant advertising available at the time of , or before the conclusion of the contract ; ### ' commercial guarantee ' means any undertaking by the trader or a producer to the consumer , in addition to his legal obligation relating to the guarantee of conformity , to reimburse the price paid or to replace , repair or service goods or digital contents in any way if they do not meet the specifications or any other requirements not related to conformity set out in the guarantee statement or in the relevant advertising available at the time of , or before the conclusion of the contract ;


### “durable medium” means any medium which enables a party to store information addressed personally to that party in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored ; ### ' durable medium ' means any instrument which enables the consumer or the trader to store information addressed to him in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored ;


### communication of judgments applying this regulation ### communication of judgments applying this directive


### member states shall ensure that final judgments of their courts applying the rules of this regulation are communicated without undue delay to the commission . ### member states shall ensure that final judgments of their courts applying the rules of this directive are communicated without undue delay to the commission .


### this regulation shall enter into force on the 20th day following that of its publication in the official journal of the european union . ### this directive shall enter into force on the twentieth day following that of its publication in the official journal of the european union .


### . ### the service provider must obtain the express consent of the consumer before entrusting performance to another person pursuant to paragraph 1 .


### in order to conform with the contract the goods or digital content must also meet the requirements of articles 100 , 101 and 102 , save to the extent that the parties have agreed otherwise . ### in order to conform with the contract the goods or digital content must also meet the requirements of articles [ . . . ] .


### possess such qualities and performance capabilities as the buyer may expect . when determining what the consumer may expect of the digital content regard is to be had to whether or not the digital content was supplied in exchange for the payment of a price . ### possess such qualities and performance capabilities as the consumer may expect , including durability , appearance and absence of minor faults . when determining what the consumer may expect of the digital content regard is to be had to whether or not the digital content was supplied in exchange for the payment of a price .


### the seller is liable for any lack of conformity which exists at the time when the risk passes to the buyer under chapter 14 . ### the seller is liable for any lack of conformity which exists at the time when the risk passes to the consumer .


### in a consumer sales contract , any lack of conformity which becomes apparent within six months of the time when risk passes to the buyer is presumed to have existed at that time unless this is incompatible with the nature of the goods or digital content or with the nature of the lack of conformity . ### in a consumer sales contract or a contract for the supply of digital content , any lack of conformity which becomes apparent within one year of the time when risk passes to the consumer is presumed to have existed at that time unless this is incompatible with the nature of the goods or digital content or with the nature of the lack of conformity .


### in a consumer sales contract , any lack of conformity which becomes apparent within six months of the time when risk passes to the buyer is presumed to have existed at that time unless this is incompatible with the nature of the goods or digital content or with the nature of the lack of conformity . ### in a consumer sales contract or digital services contract , any lack of conformity which becomes apparent within one year of the time when risk passes to the buyer is presumed to have existed at that time unless this is incompatible with the nature of the goods or digital content or with the nature of the lack of conformity .


### where the digital content must be subsequently updated by the trader , the trader must ensure that the digital content remains in conformity with the contract throughout the duration of the contract . ### where the digital content must be subsequently updated by the trader , or where he supplies its components separately , the trader must ensure that the digital content remains in conformity with the contract throughout the duration of the contract .


### claim damages under chapter 16 . ### claim damages .


### the buyer’s remedies ### remedies


### cure by the seller ### cure by the service provider


### if the seller’s non - performance is excused , the buyer may resort to any of the remedies referred to in paragraph 1 except requiring performance and damages . ### the right to resort to these remedies passes to a subsequent purchaser of the goods or digital content where that purchaser is a consumer .


### a seller who has tendered performance early and who has been notified that the performance is not in conformity with the contract may make a new and conforming tender if that can be done within the time allowed for performance . ### a service provider who has tendered performance early and who has been notified that the performance is not in conformity with the contract may make a new and conforming tender if that can be done within the time allowed for performance .


### in cases not covered by paragraph 1 a seller who has tendered a performance which is not in conformity with the contract may , without undue delay on being notified of the lack of conformity , offer to cure it at its own expense . ### in cases not covered by paragraph 1 a service provider who has tendered a performance which is not in conformity with the contract may , without undue delay on being notified of the lack of conformity , offer to cure it at its own expense .


### the seller has a reasonable period of time to effect cure . ### the service provider has 30 days to effect cure .


### notwithstanding cure , the buyer retains the right to claim damages for delay as well as for any harm caused or not prevented by the cure . ### notwithstanding cure , the consumer retains the right to claim damages for delay as well as for any harm caused or not prevented by the cure .


### a buyer may terminate the contract within the meaning of article 8 if the seller ' s non - performance under the contract is fundamental within the meaning of article 87 . ### in the case of a consumer sales contract and a contract for the supply of digital content between a trader and a consumer , where there is non - performance because the goods or the digital content do not conform to the contract the consumer may terminate the contract unless the lack of conformity is insignificant .


### in a consumer sales contract and a contract for the supply of digital content between a trader and a consumer , where there is a non - performance because the goods do not conform to the contract , the consumer may terminate the contract unless the lack of conformity is insignificant . ### if the customer terminates a contract for the supply of digital content which was not concluded in exchange for monetary consideration on the grounds of non - conformity , the customer ' s personal data shall automatically be erased and the customer shall be informed of that erasure .


### where in a contract between a trader and a customer the related service includes installation of the goods , the installation must be such that the installed goods conform to the contract as required by article 101 . ### where in a contract between a trader and a consumer the related service includes installation of the goods , the installation must be such that the installed goods conform to the contract as required by article [ . . . ] .


### a service provider who fails to obtain the consent of the customer in accordance with paragraph 1 is not entitled to a price exceeding the cost already indicated or , as the case may be , the value of the goods or digital content after the related service has been provided . ### a service provider who fails to obtain the consent of the consumer in accordance with paragraph 1 is not entitled to a price exceeding the cost already indicated or , as the case may be , the value of the goods or digital content after the related service has been provided .


### without prejudice to paragraph 3 , the customer ' s remedies are subject to a right of the service provider to cure whether or not the customer is a consumer . ### without prejudice to paragraph 3 , the consumer ' s remedies are subject to a right of the service provider to cure pursuant to article [ . . . ] .


### the customer , if a consumer , has the right to terminate the contract for any lack of conformity in the related service provided unless the lack of conformity is insignificant . ### the consumer has the right to terminate the contract for any lack of conformity in the related service provided unless the lack of conformity is insignificant .


### the customer may at any time give notice to the service provider that performance , or further performance of the related service is no longer required . ### the consumer may at any time give notice to the service provider that performance , or further performance of the related service is no longer required .


### the customer , if there is no ground for termination under any other provision , remains liable to pay the price less the expenses that the service provider has saved or could be expected to have saved by not having to complete performance . ### the consumer , if there is no ground for termination under any other provision , remains liable to pay the price less the expenses that the service provider has saved or could be expected to have saved by not having to complete performance .


### conformity of the goods and digital content ### conformity with the contract and the consumer’s remedies


### remedies of the customer ### remedies of the consumer


### in order to conform with the contract , the goods or digital content must : ### the seller is obliged to deliver the goods or digital content in conformity with the contract . in order to conform with the contract , the goods or digital content must :


### be fit for any particular purpose made known to the seller at the time of the conclusion of the contract , except where the circumstances show that the buyer did not rely , or that it was unreasonable for the buyer to rely , on the seller ' s skill and judgement ; ### be fit for any particular purpose made known to the seller at the time of the conclusion of the contract , except where the seller shows that he provided corrected fitness - for - purpose information ;


### possess the qualities and performance capabilities indicated in any pre - contractual statement which forms part of the contract terms by virtue of article 69 ; and ### possess the qualities and performance capabilities indicated in any pre - contractual statement ; and


### in the case of non - performance of an obligation by the seller , the buyer may do any of the following : ### in the case of non - performance of the obligation to conform to the contract by the seller , the consumer may do any of the following :


### require performance , which includes specific performance , repair or replacement of the goods or digital content , under section 3 of this chapter ; ### require performance , which includes specific performance , repair or&#160 ; &#160 ; &#160 ; &#160 ; &#160 ; &#160 ; replacement of the goods or digital content ;


### withhold the buyer’s own performance under section 4 of this chapter ; ### to withhold the buyer’s own performance ;


### terminate the contract under section 5 of this chapter and claim the return of any price already paid , under chapter 17 ; ### terminate the contract under article [ . . . ] and claim the return of any price already paid ;


### reduce the price under section 6 of this chapter ; and ### reduce the price ; and


### the buyer may refuse an offer to cure only if : ### the consumer may refuse an offer to cure if :


### cure cannot be effected promptly and without significant inconvenience to the buyer ; ### cure cannot be effected promptly and without significant inconvenience to the consumer ;


### the buyer has reason to believe that the seller’s future performance cannot be relied on ; or ### the consumer has reason to believe that the service provider’s future performance cannot be relied on ; or


### where , in a consumer sales contract , the trader is required to remedy a lack of conformity pursuant to article 110 the consumer may choose between repair and replacement unless the option chosen would be unlawful or impossible or , compared to the other option available , would impose costs on the seller that would be disproportionate taking into account : ### if the good or the digital content is not in conformity with the contract , the consumer may require remedy free of charge by choosing between repair and replacement unless the option chosen would be unlawful or impossible or , compared to the other option available , would impose costs on the seller that would be disproportionate taking into account :


### passing of risk in a consumer sales contract ### passing of risk in a contract for the supply of digital content on a tangible medium


### the service provider must warn the customer and seek the consent of the customer to proceed if : ### the service provider must warn the consumer and seek the consent of the consumer to proceed if the latter does not make use of his right to terminate the contract pursuant to article [ . . . ] if :


### the cost of the related service would be greater than already indicated by the service provider to the customer ; or ### the cost of the related service would be greater than already indicated by the service provider to the consumer ; or


### customer’s right to decline performance ### consumer’s right to decline performance


### for the period 2014 to 2020 , and without prejudice to the global market - based measure applying from 2020 , the percentage applicable to flights between eea member countries and countries which are developing countries and whose share of total revenue ton kilometres of international civil aviation activities is less than 1% shall be zero . countries considered to be developing for the purposes of this proposal are those which benefit at the time of adoption of this proposal from preferential access to the union market in accordance with regulation no 978 / 2012 of the european parliament and of the council , that is those which are not classified in 2013 by the world bank as high - income or upper - middle income countries . ] ### for the period 2014 to 2016 , and without prejudice to the global market - based measure applying from 2020 , the percentage applicable to flights between eea member countries and countries which are developing countries and whose share of total revenue ton kilometres of international civil aviation activities is less than 1% shall be zero . countries considered to be developing for the purposes of this proposal are those which benefit at the time of adoption of this proposal from preferential access to the union market in accordance with regulation no 978 / 2012 of the european parliament and of the council , that is those which are not classified in 2013 by the world bank as high - income or upper - middle income countries . ]


### the measures necessary for the implementation of this regulation should be adopted in accordance with council decision 1999 / 468 / ec of 28 june 1999 laying down the procedures for the exercise of implementing powers conferred on the commission . ### in order to ensure uniform conditions for the implementation of the provisions on arrangements for data transmitting and provisions on dissemination of statistical results , implementing powers should be conferred on the commission . those powers should be exercised in accordance with regulation no… / 2011 of the european parliament and of the council of … laying down the rules and general principles concerning mechanisms for control by the member states of the commission ' s exercise of implementing powers* . ________ * oj l … .


### power should be conferred on the commission to adopt delegated acts in accordance with article 290 of the treaty as regards the adoption of the data collection characteristics and the contents of the annexes and to lay down the minimum precision requirements for the statistical returns transmitted by the member states and the implementing procedures for this regulation , including measures for adapting it to economic and technical progress of , ### the commission should be empowered to adopt delegated acts in accordance with article 290 of the treaty for the purpose of adoption of the data collection characteristics and the contents of the annexes and to lay down the minimum precision requirements for the statistical returns transmitted by the member states . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level .


### the commission shall adopt delegated acts in accordance with article 8 in order to lay down the data collection characteristics and the contents of annexes i to vii . ### the commission may , by means of delegated acts in accordance with article 8 and subject to the conditions of articles 9 and 10 , lay down the data collection characteristics and adopt amendments to the contents of annexes i to vii , except any modifications to the optional nature of the required information , where necessary to take account of economic , social or technical developments . in exercising its power pursuant to this provision , the commission shall ensure that its delegated acts do not impose significant additional administrative burden on the member states and on the respondents .


### the arrangements for transmitting the data referred to in paragraph 1 , including , where appropriate , the statistical tables based on those data , shall be laid down in accordance with the procedure referred to in article 11 . ### the arrangements for transmitting the data referred to in paragraph 1 , including , where appropriate , the statistical tables based on those data , shall be adopted in accordance with the examination procedure referred to in article 11 .


### the provisions on the dissemination of statistical results in respect of the carriage of goods by road , including the structure and content of the results to be disseminated , shall be laid down in accordance with the management procedure referred to in article 11 . ### the provisions on the dissemination of statistical results in respect of the carriage of goods by road , including the structure and content of the results to be disseminated , shall be adopted in accordance with the examination procedure referred to in article 11 .


### where reference is made to this paragraph , articles 4 and 7 of decision 1999 / 468 / ec shall apply , having regard to the provisions of article 8 thereof . ### where reference is made to this paragraph , article 5 of regulation no … / 2011 shall apply .


### the customs duty system makes it possible to dispense with all other protective measures at the external borders of the union . the internal market and duty mechanism could , in exceptional circumstances , prove to be inadequate . in such cases , in order not to leave the union market without defence against disturbances that might ensue , the union should be able to take all necessary measures without delay . such measures should comply with the international commitments of the union . ### the customs duty system makes it possible to dispense with all other protective measures at the external borders of the union . the internal market and duty mechanism could , in exceptional circumstances , prove to be inadequate . in such cases , in order not to leave the union market without defence against disturbances that might ensue , the union should be able to take all necessary measures without delay . such measures should comply with the international commitments of the union and policy coherence for development .


### for the purposes of applying this regulation , monitoring , analysing and managing the market in agricultural products , ensuring market transparency , the proper functioning of cap measures , of checking , controlling , monitoring , evaluating and auditing cap measures , implementing international agreements , including notification requirements under those agreements , the commission may in accordance with the procedure referred to in paragraph 2 adopt the necessary measures regarding communications to be made by undertakings , member states and / or third countries . in so doing it shall take into account the data needs and synergies between potential data sources . ### for the purposes of applying this regulation , monitoring , analysing and managing the market in agricultural products , ensuring market transparency , the proper functioning of cap measures , of checking , controlling , monitoring , evaluating and auditing cap measures , implementing international agreements and policy coherence for development , including notification requirements under those agreements , the commission may in accordance with the procedure referred to in paragraph 2 adopt the necessary measures regarding communications to be made by undertakings , member states and / or third countries . in so doing it shall take into account the data needs and synergies between potential data sources , also taking into account data from third countries .


### «vi ) point 6 . 8 second paragraph , is replaced by the following : ' member states concerned shall submit the results of the trials and experiments no later than 30 september of the year in which these are carried out . ' ; ### «vi ) point 6 . 8 second paragraph , is replaced by the following : ' member states concerned shall submit the results of the trials and experiments to the commission no later than 30 september of the year in which these are carried out . ' ;


### the revised annex vi to marpol introduces , inter alia , stricter sulphur limits for marine fuel in secas as well as in sea areas outside secas . most member states are obliged to require ships to use fuel with maximum 1 . 00% sulphur content in secas as of 1 july 2010 based on their international commitments . in order to ensure coherence with international law as well as to secure proper enforcement of new globally established sulphur standards in the union , the provisions of directive 1999 / 32 / ec should be aligned with the revised annex vi to marpol . in order to ensure a minimum quality of fuel used by ships either for fuel or technology based compliance , marine fuel the sulphur content of which exceeds the general standard of 3 . 5 % by mass should not be allowed for use or placing on the market in the union . ### the revised annex vi to marpol introduces , inter alia , stricter sulphur limits for marine fuel in secas as well as in sea areas outside secas . most member states are obliged to require ships to use fuel with maximum 1 . 00 % sulphur content in secas as of 1 july 2010 based on their international commitments . in order to ensure coherence with international law and a global level playing field , as well as to secure proper enforcement of new globally established sulphur standards in the union , the provisions of directive 1999 / 32 / ec should be aligned with the revised annex vi to marpol . because of the need to ensure that all member states have effective and equal access to the internal and international market it is vital to respect the challenges some industries will be confronted with when different sulphur emission levels are introduced in the union . also , it is important to monitor the situation closely and to create solutions which would achieve a minimum level playing field . in order to ensure a minimum quality of fuel used by ships either for fuel or technology based compliance , marine fuel the sulphur content of which exceeds the general standard of 3 . 5 % by mass should not be allowed for use or placing on the market in the union .


### passenger ships operate mostly in ports or close to coastal areas and their impacts on human health and the environment are significant . those ships are required to use marine fuel with the same maximum sulphur content as is applicable in secas . given that stricter sulphur standards will apply in secas , it is justified by the need to improve air quality around ports and coasts in the non - seca territories that the same standards apply to passenger ships . however , the introduction of a new seca standard for passenger ships would be delayed by 5 years in order to avoid potential problems with fuel availability . ### passenger ships on regular services operate mostly in ports or close to coastal areas and their impacts on human health and the environment are significant . those ships are required to use marine fuel with the same maximum sulphur content as is applicable in secas . given that stricter sulphur standards will apply in secas , it is justified by the need to improve air quality around ports and coasts in the non - seca territories that the same standards apply to passenger ships . however , the introduction of a new seca standard for passenger ships would be delayed by 5 years in order to avoid potential problems with fuel availability .


### access to emission abatement methods should be facilitated . those methods can provide emission reductions at least equivalent to , or even greater than , those achievable using low sulphur fuel , provided that they have no significant negative impacts on the environment , such as marine ecosystems , and that they are developed subject to appropriate approval and control mechanisms . the criteria for use of emission abatement methods should be established either by the imo , subject to supplementation or amendment by the commission decision or , in the absence of the imo instruments , by the european commission . the already known alternative methods , such as the use of on - board exhaust gas cleaning systems or the mixture of fuel and liquefied natural gas should be recognised in the union . it is important to promote testing and development of new emission abatement methods . ### access to emission abatement methods should be facilitated . those methods can provide emission reductions at least equivalent to , or even greater than , those achievable using low sulphur fuel , provided that they have no significant negative impacts on the environment , such as marine ecosystems , or on human health , and that they are developed subject to appropriate approval and control mechanisms . the criteria for use of emission abatement methods should be established either by the imo , subject to supplementation or amendment by the commission decision or , in the absence of the imo instruments , by the european commission . the already known alternative methods , such as the use of on - board exhaust gas cleaning systems or the mixture of fuel and liquefied natural gas should be recognised in the union . it is important to promote and financially assist the testing and development of new emission abatement methods .


### access to emission abatement methods should be facilitated . those methods can provide emission reductions at least equivalent to , or even greater than , those achievable using low sulphur fuel , provided that they have no significant negative impacts on the environment , such as marine ecosystems , and that they are developed subject to appropriate approval and control mechanisms . the criteria for use of emission abatement methods should be established either by the imo , subject to supplementation or amendment by the commission decision or , in the absence of the imo instruments , by the european commission . the already known alternative methods , such as the use of on - board exhaust gas cleaning systems or the mixture of fuel and liquefied natural gas should be recognised in the union . it is important to promote testing and development of new emission abatement methods . ### access to emission abatement methods should be facilitated and supported through incentives . those methods can provide emission reductions at least equivalent to , or even greater than , those achievable using low sulphur fuel , provided that they have no significant negative impacts on the environment , such as marine ecosystems , and that they are developed subject to appropriate approval and control mechanisms . the criteria for use of emission abatement methods should be established either by the imo , subject to supplementation or amendment by the commission decision or , in the absence of the imo instruments , by the european commission . the already known alternative methods , such as the use of on - board exhaust gas cleaning systems or the mixture of fuel and liquefied natural gas should be recognised in the union . it is important to promote testing and development of new emission abatement methods and to secure their cost efficiency and availability on a large scale .


### member states shall take all necessary measures to ensure that marine fuels are not used in the areas of their territorial seas , exclusive economic zones and pollution control zones if the sulphur content of those fuels by mass exceeds : ### member states shall take all necessary measures to ensure that marine fuels are not used in the areas of their territorial seas , exclusive economic zones and pollution control zones falling outside sox emission control areas if the sulphur content of those fuels by mass exceeds :


### a delegated act adopted pursuant to articles 4a and , 4c , 6 , 7 and 7 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of 2 months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by 2 months at the initiative of the european parliament or the council . ### a delegated act adopted pursuant to articles 4a and , 4c , 6 , 7 and 7 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of 3 months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by 3 months at the initiative of the european parliament or the council .


### contribute to economic growth and support the development of the single market resulting in the improvement of the competitiveness of the european economy , including small and medium sized enterprises . ### contribute to economic growth and support the development of the single market resulting in the improvement of the competitiveness of the european economy , particularly through&#160 ; increasing market access for&#160 ; small and medium sized enterprises .


### contribute to improvements in daily life for citizens , businesses and governments through the promotion of the interconnection and interoperability of national telecommunication networks as well as access to such networks . ### contribute to improvements in social cohesion and daily life for citizens , businesses and governments through the promotion of the interconnection and interoperability of national telecommunication networks as well as access to such networks .


### facilitate sustainable deployment of trans - european digital service infrastructures , their interoperability and coordination at european level , their operation , maintenance and upgrading . ### facilitate sustainable deployment of open , accessible and non - discriminatory trans - european digital service infrastructures , their interoperability and coordination at european level , their operation , maintenance , upgrading and security .


### new opportunities for exploiting synergies between different infrastructures , including those in the field of transport and energy . ### new opportunities for exploiting synergies between different types of infrastructure .


### in these reports the commission shall also evaluate whether the scope of the projects of common interest continues to reflect political priorities , technological developments or the situation in the relevant markets . for major projects , these reports shall include an analysis of the environmental impact , taking into account climate change adaptation and mitigation needs , and disaster resilience . such a review may also be carried out at any other time when it is deemed appropriate . ### in these reports the commission shall also evaluate whether the scope of the projects of common interest continues to reflect social , environmental and economic priorities , technological developments or the situation in the relevant markets . for major projects , these reports shall include an analysis of the environmental impact , taking into account climate change adaptation and mitigation needs , and disaster resilience . such a review may also be carried out at any other time when it is deemed appropriate in order to avoid investment in infrastructures which become obsolete in the short term .


### all broadband investments within the territory of the union expand the network capacity and bring about benefits to all the potential users , including those in member states other than the country of the investment . investment in these networks will bring about more competition and more innovation in the economy , will deliver more efficient and effective public services , contribute to the eu goals on a low carbon economy and to the overall eu competitiveness and productivity . ### all broadband investments within the territory of the union expand the network capacity and bring about benefits to all the potential users , including those in member states other than the country of the investment . investment in these networks will bring about more competition , social cohesion and more innovation in the economy , will deliver more efficient and effective public services , contribute to the eu goals on a low carbon economy and to the overall eu competitiveness and productivity .


### rural and low density areas are typically served with low speed connections and in some cases even not served at all . the business case for investment is unlikely to be viable and the european targets are unlikely to be reached by 2020 . investment in these areas needs higher financial support , provided by grants , possibly in combination with financial instruments . such areas will include remote and sparsely populated regions where investment costs are either very high or where income is low . the support from the connecting europe facility in these areas is likely to complement available cohesion funds or rural development and other direct public support . ### rural and low density areas are typically served with low speed connections and in some cases even not served at all . this is a priority area where broadband access can be supplied with satellite connectivity . the business case for investment is unlikely to be viable and the european targets are unlikely to be reached by 2020 . investment in these areas needs higher financial support , provided by grants , possibly in combination with financial instruments . such areas will include remote and sparsely populated regions where investment costs are either very high or where income is low . the support from the connecting europe facility in these areas is likely to complement available cohesion funds or rural development and other direct public support .


### the mandatory equipping of vehicles with the ecall in - vehicle system should initially apply only to new passenger cars and light commercial vehicles for which an appropriate triggering mechanism already exists . ### the mandatory equipping of vehicles with the ecall in - vehicle system should initially apply only to new passenger cars and light commercial vehicles for which an appropriate triggering mechanism already exists . the commission ought , however , to assess the possibility of extending the mandatory ecall in - vehicle system to other categories of vehicles not covered by this regulation .


### manufacturers shall demonstrate that all new types of vehicles referred to in article 2 are equipped with an ecall in - vehicle system , in accordance with this regulation and the delegated acts adopted pursuant to this regulation . ### manufacturers shall demonstrate that all new types of vehicles referred to in article 2 are equipped with an embedded ecall in - vehicle system , in accordance with this regulation and the delegated acts adopted pursuant to this regulation .


### only those ecall in - vehicle systems which can be tested shall be accepted for the purposes of type - approval . ### only those embedded ecall in - vehicle systems which can be tested shall be accepted for the purposes of type - approval .


### in order to effectively carry out its duties , the european securities and markets authority should have the right to request all necessary information directly from financial market participants . member states ' authorities should be obliged to assist the european securities and markets authority in enforcing such requests . ### in order to effectively carry out its duties , the european securities and markets authority should have the right to request all necessary information directly from financial market participants . member states ' authorities should be obliged to assist the european securities and markets authority in enforcing such requests and should ensure that the requisite information can be made available without delay .


### the scope of the provision on the durability of operation should be clarified . it is appropriate , in particular , to limit the provisions to those operations co - financed by the esf that fall under the state aid rules with an obligation to maintain investment or jobs created . furthermore , it is necessary to exclude the application of that provision to those operations where , after their completion , they undergo a substantial modification through a cessation of productive activity due to a non fraudulent bankruptcy . ### the scope of the provision on the durability of operation should be clarified . it is appropriate , in particular , to limit the provisions to those actions within the scope of assistance from the esf that fall under the state aid rules with an obligation to maintain investment . furthermore , it is necessary to exclude the application of that provision to those operations where , after their completion , they undergo a substantial modification through a cessation of productive activity due to a non fraudulent bankruptcy .


### funds or other incentive schemes providing loans , guarantees for repayable investments , or equivalent instruments for energy efficiency and use of renewable energy in buildings , including existing housing . ### funds or other incentive schemes providing loans , guarantees for repayable investments or equivalent instruments , for energy efficiency and use of renewable energy in buildings , including in existing housing .


### when such operations are organised through holding funds , that is , funds set up to invest in several venture capital funds , guarantee funds , loan funds , urban development funds , funds or other incentive schemes providing loans , guarantees for repayable investments , or equivalent instruments for energy efficiency and use of renewable energy in buildings , including existing housing , the member state or the managing authority shall implement them through one or more of the following forms : ### when such operations are organised through holding funds , that is , funds set up to invest in several venture capital funds , guarantee funds , loan funds , urban development funds , funds or other incentive schemes providing loans , guarantees for repayable investments or equivalent instruments , for energy efficiency and use of renewable energy in buildings , including in existing housing , the member state or the managing authority shall implement them through one or more of the following forms :


### where a category of expenditure is added at the moment of the revision of an operational programme referred to in article 33 , any expenditure falling under such category shall be eligible from the date of the submission to the commission of the request for revision of the operational programme . ### where a new category of expenditure as referred to in table 1 of part a of annex ii to commission regulation no 1828 / 2006* is added at the moment of the revision of an operational programme referred to in article 33 of this regulation , any expenditure falling under such category shall be eligible from the date of the submission to the commission of the request for revision of the operational programme . * oj l 371 , 27 . 12 . 2006 , p . 1 .


### operations receiving contribution from the esf shall be considered as not having retained the contribution only where they are subject to an obligation for maintenance of investment under the rules on state aid within the meaning of article 87 of the treaty and where they undergo a substantial modification caused by the cessation of productive activity within the period laid down in those rules . ### actions falling within the scope of assistance from the esf shall be considered as not having retained the contribution only where they are subject to an obligation for maintenance of investment under the applicable rules on state aid within the meaning of article 107 of the treaty and where they undergo a substantial modification caused by the cessation of productive activity within the period laid down in those rules .


### the rate of the total amount of certified eligible expenditure paid by the beneficiaries and the total funding of the programme including community funding and national counterpart ; ### the ratio between the total amount of certified eligible expenditure paid by the beneficiaries and the total funding of the programme including community funding and national counterpart ;


### in order to achieve in an efficient way the targets set out in regulation no 1098 / 2007 and be able to react swiftly to changes in stock conditions or in fishery , the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission in respect of the revision of the minimum fishing mortality rates , when scientific data indicate that the rates are no longer appropriate and measures are not sufficient to reach the objectives of the plan . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . ### in order to achieve in an efficient way the targets set out in regulation no 1098 / 2007 and be able to react swiftly to changes in stock conditions or in fishery , the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission in respect of the revision of the minimum fishing mortality rates , when scientific data indicate that the rates are no longer appropriate and measures are not sufficient to reach the objectives of the plan . it is of particular importance that the commission carry out appropriate consultations with the baltic sea regional advisory council and relevant stakeholders during its preparatory work , including at expert level .


### the treaty of lisbon establishes a european external action service . according to the conclusions of the european council of 29 and 30 october 2009 , the eeas is a service of a sui generis nature and should be treated as an institution for the purposes of the financial regulation . ### the treaty of lisbon establishes a european external action service . according to council decision 2010 / 427 / eu of 26 july 20101 establishing the organisation and functioning of the european external action service , the eeas is to be treated as an institution for the purposes of the financial regulation . 1 oj l 201 , 3 . 8 . 2010 , p . 30


### the treaty of lisbon establishes a european external action service . according to the conclusions of the european council of 29 and 30 october 2009 , the eeas is a service of a sui generis nature and should be treated as an institution for the purposes of the financial regulation . ### the treaty of lisbon establishes a european external action service . according to council decision 2010 / 427 / eu of 26 july 2010 establishing the organisation and functioning of the european external action service1 , the eeas is a service of a sui generis nature and is to be treated as an institution for the purposes of the financial regulation . ___________________ 1 oj l 201 , 3 . 8 . 2010 , p . 30 .


### when a head of a union delegation finds himself in a situation referred to in article 60 , he shall refer to the specialised financial irregularities panel set up pursuant to article 66 . in the event of any illegal activity , fraud or corruption which may harm the interests of the union , he shall inform the authorities and bodies designated by the applicable legislation . ### when a head of a union delegation finds himself in a situation referred to in article 60 , he shall refer to the specialised financial irregularities panel set up pursuant to article 66 . in the event of any illegal activity , fraud or corruption , he shall inform the authorities and bodies designated by the applicable legislation .


### “1 . where heads of union delegations act as authorising officers by subdelegation in accordance with the second paragraph of article 51 , they shall cooperate closely with the commission for the proper implementation of the funds , in order to ensure in particular the legality and regularity of financial transactions , the respect of the principle of sound financial management in the management of the funds and the effective protection the financial interests of the union . to this effect , they shall take the measures necessary to prevent any situation susceptible to put at stake the responsibility of the commission for the implementation of the budget sub - delegated to them as well as any conflict of interest or priorities having impact on the implementation of the financial management tasks sub - delegated to them . where a situation or conflict referred to in the second subparagraph arise , the heads of union delegations shall inform the responsible commission department and the high representative of the union for foreign affairs and security policy thereof without delay . 2 . when a head of a union delegation finds himself in a situation referred to in article 60 , he shall refer to the specialised financial irregularities panel set up pursuant to article 66 . in the event of any illegal activity , fraud or corruption which may harm the interests of the union , he shall inform the authorities and bodies designated by the applicable legislation . 3 . heads of union delegations acting as authorising officers by subdelegation in accordance with the second paragraph of article 51 shall report twice a year to their authorising officer by delegation so that the latter can integrate their reports in his annual activity report referred to in article 60 . that biannual report submitted by the heads of union delegation shall include information on the efficiency and effectiveness of internal management and control systems put in place in their delegation , as well as the management of operations subdelegated to them . 4 . heads of union delegations acting as authorising officers by subdelegation in accordance with the second paragraph of article 51 shall reply to any request by the authorising officer by delegation of commission . ” ### “1 . where heads of union delegations act as authorising officers by subdelegation in accordance with the second paragraph of article 51 , they shall cooperate closely with the commission for the proper implementation of the funds , in order to ensure in particular the legality and regularity of financial transactions , the respect of the principle of sound financial management in the management of the funds and the effective protection the financial interests of the union . to this effect , they shall take the measures necessary to prevent any situation susceptible to put at stake the responsibility of the commission for the implementation of the budget sub - delegated to them as well as any conflict of interest or priorities having impact on the implementation of the financial management tasks sub - delegated to them . where a situation or conflict referred to in the second subparagraph arises , the heads of union delegations shall inform the responsible directors - general of the commission and of the eeas thereof without delay . they shall take appropriate steps to remedy the situation . 2 . when a head of a union delegation finds himself in a situation referred to in article 60 , he shall refer to the specialised financial irregularities panel set up pursuant to article 66 . in the event of any illegal activity , fraud or corruption which may harm the interests of the union , he shall inform the authorities and bodies designated by the applicable legislation . 3 . heads of union delegations acting as authorising officers by subdelegation in accordance with the second paragraph of article 51 shall report twice a year to their authorising officer by delegation so that the latter can integrate their reports in his annual activity report referred to in article 60 . that biannual report submitted by the heads of union delegation shall include information on the efficiency and effectiveness of internal management and control systems put in place in their delegation , as well as the management of operations subdelegated to them . upon request , and in the context of discharge , the european parliament’s competent committee may obtain the declaration of assurance made by heads of union delegations on the internal management and control systems in their delegation . 4 . heads of union delegations acting as authorising officers by subdelegation in accordance with the second paragraph of article 51 shall reply to any request by the authorising officer by delegation of the commission . 4a . the commission shall ensure that sub - delegating powers are not detrimental to the discharge procedure in the european parliament , in the context of which the commission bears full responsibility for the operating budget of the eeas . ”


### when a head of a union delegation finds himself in a situation referred to in article 60 , he shall refer to the specialised financial irregularities panel set up pursuant to article 66 . in the event of any illegal activity , fraud or corruption which may harm the interests of the union , he shall inform the authorities and bodies designated by the applicable legislation . ### when a head , or any other staff member , of a union delegation finds himself in a situation referred to in article 60 , or if the department for inspections in the central administration of the eeas become aware of situations liable to fall under article 60 , they shall refer to the specialised financial irregularities panel set up pursuant to article 66 . in the event of any illegal activity , fraud or corruption which may harm the interests of the union , the head , or any other staff member , of a union delegation and / or the department for inspections shall inform the authorities and bodies designated by the applicable legislation .


### where a situation or conflict referred to in the second subparagraph arise , the heads of union delegations shall inform the responsible commission department and the high representative of the union for foreign affairs and security policy thereof without delay . ### where a situation or conflict referred to in the second subparagraph arise , the heads of union delegations shall inform the responsible commission department and the high representative of the union for foreign affairs and security policy thereof without delay . when such a conflict arises regarding the implementation of funds in the area of the common commercial policy , the heads of union delegations shall report back to the eu trade commissioner and the vice president of the commission / high representative of the union for foreign affairs and security policy . the final decision shall be made by the president of the commission .


### “3a . in the event of subdelegation to the heads of union delegations , the authorising officer by delegation shall be responsible for the definition of the internal management and control systems put in place , their efficiency and effectiveness . the heads of union delegations shall be responsible for the adequate set up and functioning of those systems , in accordance with the instructions of the authorising officer by delegation , and for the management of the funds and the operations they carry within the union delegation under their responsibility . heads of union delegations shall report on their responsibilities pursuant to the first subparagraph of this paragraph in accordance with article 60a . each year , heads of union delegations provide to the authorising officer by delegation of the commission a statement of assurance on the internal management and control systems put in place in their delegation in order to allow the authorising officer to establish his own statement of assurance . ” ### “3a . in the event of subdelegation to the heads of union delegations , the authorising officer by delegation shall be responsible for the definition of the internal management and control systems put in place , their efficiency and effectiveness . the heads of union delegations shall be responsible for the adequate set up and functioning of those systems , in accordance with the instructions of the authorising officer by delegation , and for the management of the funds and the operations they carry within the union delegation under their responsibility . before taking up their duties , they should have the necessary professional skills on the tasks and responsibilities of authorising officers and the implementation of the budget . heads of union delegations shall report on their responsibilities pursuant to the first subparagraph of this paragraph in accordance with article 60a . each year , heads of union delegations shall provide to the authorising officer by delegation of the commission a statement of assurance on the internal management and control systems put in place in their delegation , as well as on the management of operations subdelegated to them and the results thereof , in order to allow the authorising officer to establish his own statement of assurance . this shall be annexed , together with the annual activity report of the head of delegation , to the annual activity report of the authorising officer by delegation , which shall , on request , be transmitted to the european parliament . ”


### for the purposes of the internal auditing of the eeas , heads of union delegations , acting as authorising officers by subdelegation in accordance with the second paragraph of article 51 shall be subject to the verifying powers of the internal auditor of the commission for the financial management sub - delegated to them . for reasons of coherence , efficiency and cost - effectiveness , the internal auditor of the commission shall also act as the internal auditor of the eeas in respect of the budget implementation of the eeas section of the budget . ### the internal auditor of the commission shall have the same responsibilities in respect of the eeas referred to in article 1 , as he / she has in respect of commission departments . the commission ' s internal auditor shall work closely with the department for inspections in the central administration of the eeas . the department for inspections of the eeas shall , without delay , send all information relating to situations liable to fall under article 60 to the commission ' s internal auditor , and , where appropriate , to the specialised financial irregularities panel set up pursuant to article 66 or to olaf .


### draft legislative resolution ### stresses that point 47 of the interinstitutional agreement of 17 may 2006 between the european parliament , the council and the commission on budgetary discipline and sound financial management1 should apply for the extension of the mandate of europol ; emphasises that any decision of the legislative authority in favour of such an extension shall be without prejudice to the decisions of the budgetary authority in the context of the annual budgetary procedure ; ________________ 1 oj c 139 , 14 . 6 . 2006 , p . 1 .


### draft legislative resolution ### requests the commission to present a financial statement which fully takes into account the result of the legislative agreement between the european parliament and the council to meet the budgetary and staff requirements of europol and possibly of the commission services ;


### draft legislative resolution ### reminds the host state of the joint statement of the european parliament , the council of the eu and the european commission on decentralised agencies and its annex signed on 19 july 2012 , in particular paragraphs 8 and 9 of the joint statement ;


### for each of the three budgetary years following the entry into force of this regulation , at least eur 8 million of the operational expenses of europol shall be reserved for training , as described in chapter iii . ### for each of the three budgetary years following the entry into force of this regulation , at least eur 8 million of the operational expenses of europol shall be reserved for training , as described in chapter iii and in accordance with the provisions of article 59 .


### in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission’s exercise of implementing powers10 , ______________ 10oj l 55 , 28 . 2 . 2011 , p . 13 . ### in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission in particular for the establishment of the design , the model and the format of certain documents . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission’s exercise of implementing powers10 , ______________ 10oj l 55 , 28 . 2 . 2011 , p . 13 .


### ‘ ‘ import notification’ means the notification given by the importer or his agent or representative , at the time of the introduction into the union of a specimen of a species included in annexes c or d , on the form provided for in article 19 ; ### ‘ ‘ import notification’ means the notification given by the importer or his agent or representative , at the time of the introduction into the union of a specimen of a species included in annexes c or d , on the form provided for in the third paragraph of article 10 ;


### in consultation with the countries of origin concerned and taking account of any opinion of the scientific review group , the commission may , by means of implementing acts , establish general restrictions , or restrictions relating to certain countries of origin , on the introduction into the union : ### the commission shall be empowered , after consulting the countries of origin concerned and taking account of any opinion of the scientific review group , to adopt delegated acts in accordance with article 20 establishing general restrictions , or restrictions relating to certain countries of origin , on the introduction into the union :


### certificates to be issued ### permits , notifications and certificates to be issued


### the power to adopt delegated acts referred to in article 4 , article 5 , article 7 , and , article 8 , article 9 , article 11 , article 12 and article 18 , and shall be conferred on the commission for an indeterminate period of time from [ the date of entry into force of the basic legislative act or from any other date set by the legislator ] . ### the power to adopt delegated acts referred to in article 4 , 4 , article 5 , article 7 , and , article 8 , article 9 , article 11 , article 12 and article 18 , and shall be conferred on the commission for an indeterminate period of time from [ the date of entry into force of the basic legislative act or from any other date set by the legislator ] .


### the delegation of powers referred to in article 4 , article 5 , article 7 , and , article 8 , article 9 , article 11 , article 12 and article 18 , and may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force . ### the delegation of powers referred to in article 4 , 4 , article 5 , article 7 , and , article 8 , article 9 , article 11 , article 12 and article 18 , and may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force


### a delegated act adopted pursuant to article 4 , article 5 , article 7 , and , article 8 , article 9 , article 11 , article 12 and article 18 , and shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of [ two months ] of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by [ two months ] at the initiative of the european parliament or the council . ### a delegated act adopted pursuant to article 4 , 4 , article 5 , article 7 , and , article 8 , article 9 , article 11 , article 12 and article 18 , and shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of [ two months ] of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by [ two months ] at the initiative of the european parliament or the council .


### pursuant to article 16 of regulation no 648 / 2004 , the commission has evaluated the use of phosphates in detergents in the report to the council and the european parliament concerning the use of phosphates . following further analysis , the commission has concluded that the use of phosphates in household laundry detergents should be limited in order to reduce the contribution of phosphates from detergents to eutrophication risks and to reduce the costs of phosphates removal in waste water treatment plants . those cost savings outweigh the cost of reformulating household laundry detergents with alternatives to phosphates . ### pursuant to article 16 of regulation no 648 / 2004 , the commission has evaluated the use of phosphates in detergents in the report to the council and the european parliament concerning the use of phosphates . following further analysis , the commission has concluded that the use of phosphates in household laundry detergents should be limited in order to reduce the contribution of phosphates from detergents to eutrophication risks and to reduce the costs of phosphates removal in waste water treatment plants . those cost savings outweigh the cost of reformulating household laundry detergents with alternatives to phosphates . moreover , the introduction of limitations on the content of phosphates and of other phosphorous compounds would contribute to the harmonisation of the internal market in household laundry detergents and thus improve the free movement of those detergents .


### since the objectives of the action to be taken , namely to reduce the contribution of phosphates from detergents to eutrophication risks and to reduce the costs of phosphates removal in waste water treatment plants , cannot be sufficiently achieved by member states as national measures with different technical specifications cannot influence the quality of water crossing national borders , and can therefore be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve that objective . ### since the objectives of the action to be taken , namely to reduce the contribution of phosphates from detergents to eutrophication risks , to reduce the costs of phosphates removal in waste water treatment plants and to ensure the smooth functioning of the internal market in household laundry detergents , cannot be sufficiently achieved by member states as national measures with different technical specifications cannot influence the quality of water crossing national borders , and can therefore be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve that objective .


### the commission should be empowered to adopt delegated acts in accordance with article 290 of the treaty on the functioning of the european union for the purpose of amending the annexes to this regulation . ### the commission should be empowered to adopt delegated acts in accordance with article 290 of the treaty on the functioning of the european union for the purpose of amending the annexes to this regulation . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level .


### article 2 , point 3 is replaced by the following : “3 . ' cleaning ' means the process by which soil is dislodged from the substrate and brought into a state of solution or dispersion . ” ### article 2 is amended as follows : point 3 is replaced by the following : “3 . ' cleaning ' means the process by which soil is dislodged from the substrate and brought into a state of solution or dispersion . ” point 9 is replaced by the following : “9 . ‘ placing on the market’ means supplying or making available , whether in return for payment or free of charge , to a third party . import shall be deemed to be placing on the market . ”


### the commission may adopt , by means of delegated act in accordance with articles 13a , 13b and 13c amendments to the annexes of this regulation regarding solvent - based detergents . ### the commission may adopt , by means of delegated act in accordance with articles 13a , 13b and 13c amendments to the annexes i , ii , iii , iv , v , vi , vii and viii of this regulation regarding solvent - based detergents .


### the decision of revocation shall put an end to the delegation of the powers specified in that decision . it shall take effect immediately or at a later date specified therein . it shall not affect the validity of the delegated acts already in force . it shall be published in the official journal of the european union . ### the decision of revocation shall put an end to the delegation of the powers specified in that decision . it shall take effect on the day following the publication of the decision in the official journal of the european union or on a later date specified therein . it shall not affect the validity of the delegated acts already in force . it shall be published in the official journal of the european union .


### the european parliament and the council may object to the delegated act within a period of two months from the date of notification . at the initiative of the european parliament or the council this period shall be extended by one month . ### the european parliament and the council may object to the delegated act within a period of two months from the date of notification . at the initiative of the european parliament or the council this period shall be extended by two months .


### member states may maintain or lay down national rules concerning restrictions on the content of phosphates and of other phosphorous compounds in detergents for which no restrictions on the content are set out in annex via where justified on grounds of protection of the aquatic environment and where technically and economically feasible alternatives are available . ### member states may maintain national rules concerning limitations on the content of phosphates and of other phosphorous compounds in detergents for which no limitations on the content are set out in annex via where justified on grounds of protection of the aquatic environment and where technically and economically feasible alternatives are available .


### the ongoing community and national efforts need to be strengthened to increase the supply of micro - credits to a sufficient scale and within a reasonable time - frame so as to address the high demand of those who need it most in this period of crisis i . e . unemployed or vulnerable people , including the young who want to start or develop a micro enterprise including self - employment but do not have access to credit . ### the ongoing community and national efforts need to be strengthened to increase the supply of micro - credits to a sufficient scale and within a reasonable time - frame so as to address the high demand of those who need it most in this period of crisis and those who are excluded from the conventional credit market , i . e . unemployed or vulnerable people , including the young who want to start or develop a micro enterprise including self - employment but do not have access to credit , in which connection equal opportunities for women and men should be actively pursued as regards access to micro - credit facilities .


### the commission communication ' a shared commitment for employment ' underlined the need to offer a new chance to the unemployed and open the road to entrepreneurship for some of europe’s most disadvantaged groups , including the young . in addition to existing instruments , specific action is needed to further strengthen economic and social cohesion by reinforcing activities undertaken by the european investment bank and the european investment fund and other international financial institutions without prejudice to the activities of the member states . the commission therefore announced a proposal for a new eu microfinance facility to deepen the outreach of microfinance to particular at - risk groups and to further support the development of entrepreneurship , the social economy and micro - enterprises . ### the commission communication ' a shared commitment for employment ' underlined the need to offer a new chance to the unemployed and open the road to entrepreneurship for some of europe’s most disadvantaged groups , including the young . in addition to existing instruments , specific action is needed to further strengthen economic and social cohesion by reinforcing activities undertaken by the european investment bank and the european investment fund and other international financial institutions without prejudice to the activities of the member states . the commission therefore announced a proposal for a new eu microfinance facility to deepen the outreach of microfinance to particular at - risk groups and to further support the development of entrepreneurship , the social economy and micro - enterprises . in order for the micro - credit facility to be effective , yield lasting fruit , reach potential beneficiaries and serve as an element in economic policy and local development , it would be desirable for member states to establish a national liaison unit which can coordinate , evaluate and monitor all the measures implemented in order to ensure that they are put to good use and not squandered .


### the total budget for support measures referred to in article 4 shall not exceed 1 % of the budget of the facility as set out in paragraph 1 . ### the total budget for support measures referred to in article 4 shall not exceed eur 1 million .


### the facility shall be open to public and private bodies established in the member states which provide microfinance to persons and micro - enterprises in the member states . ### the facility shall be open to national and local public and private bodies established in the member states which provide microfinance to persons and micro - enterprises in the member states .


### proceeds , including dividends and reimbursements , received by the international financial institutions referred to in paragraph 2 may be re - invested by them into actions referred to under article 4 , and for a period of 6 years after the starting date of the facility . upon closure of the facility , the remaining balance due to the european communities shall be repaid to the general budget of the european communities . ### proceeds , including dividends and reimbursements , received by the international financial institutions referred to in paragraph 2 may be re - invested by them into actions referred to under article 4 , and . in 2015 , the commission shall present an evaluation to the european parliament and the council on the basis of which the latter shall decide whether to maintain or close the facility . upon closure of the facility , the remaining balance due to the european communities shall be repaid to the general budget of the european communities


### for the first time in 2011 and before 31 december of each year , the commission shall present to the european parliament and to the council a quantitative and qualitative annual report on the activities under this decision in the previous year . the annual report shall be based on the implementation reports referred to in paragraph 1 and focus mainly on the results achieved and shall in particular contain information relating to applications submitted , contracts concluded , actions funded including their complementarity with other community interventions , notably the esf . ### before 31 may of each year , the commission shall present to the european parliament and to the council a quantitative and qualitative annual report on the activities under this decision in the previous year . the annual report shall be based on the implementation reports referred to in paragraph 1 and focus mainly in what proportion the facility has been used by member states and on the results achieved and shall in particular contain information relating to applications accepted or rejected , contracts concluded , actions funded including their complementarity with other community interventions , notably the esf .


### the commission shall carry out interim and final evaluations at its own initiative and in close cooperation with the international financial institutions referred to in article 5 . the interim evaluation shall be completed four years after the start of the facility and the final evaluation at the latest one year after the end of the mandate given to the international financial institutions referred to in article 5 . the final evaluation shall , in particular , examine the extent to which the facility as a whole has achieved its objectives . ### the commission shall carry out interim evaluations at its own initiative and in close cooperation with the international financial institutions referred to in article 5 . the interim evaluation shall be performed every two years after the start of the facility . in 2015 , the commission shall submit an evaluation to the european parliament and the council , on the basis of which they shall decide on the follow - up to this facility . this evaluation shall examine the extent to which the facility as a whole has achieved its objectives .


### in providing this information , companies may rely on national frameworks , eu - based frameworks such as the eco - management and audit scheme , and international frameworks such as the united nations global compact , the guiding principles on business and human rights implementing the un ‘ protect , respect and remedy’ framework , the organisation for economic co - operation and development guidelines for multinational enterprises , the international organisation for standardisation 26000 , the international labour organization tripartite declaration of principles concerning multinational enterprises and social policy , and the global reporting initiative . ### in providing this information , companies may rely on national frameworks , eu - based frameworks such as the eco - management and audit scheme , and international frameworks such as the united nations global compact , the guiding principles on business and human rights implementing the un ‘ protect , respect and remedy’ framework , the organisation for economic co - operation and development guidelines for multinational enterprises , the international organisation for standardisation 26000 , the international labour organization tripartite declaration of principles concerning multinational enterprises and social policy , the global reporting initiative , carbon disclosure project and the carbon disclosure standards board . this provision shall apply without prejudice to the requirements of this directive or to other european union legislation or guidance containing more specific rules for companies ' non - financial disclosure .


### the annual report shall include a fair review of the development and performance of the company ' s business and of its position , together with a description of the principal risks and uncertainties that it faces . ### the annual report shall include a fair review of the development and performance of the company ' s business and of its position , together with a description of the principal risks and uncertainties that it faces , demonstrating its due diligence .


### for companies whose average number of employees during the financial year exceeds 500 and , on their balance sheet dates , exceed either a balance sheet total of eur 20 million or a net turnover of eur 40 million , the review shall also include a non - financial statement containing information relating to at least environmental , social and employee matters , respect for human rights , anti - corruption and bribery matters , including : ### for companies whose average number of employees during the financial year exceeds 500 and , on their balance sheet dates , exceed either a balance sheet total of eur 20 million or a net turnover of eur 40 million , the review shall also integrate a non - financial statement containing information relating to at least environmental , social and employee matters , respect for human rights , anti - corruption and bribery matters , taking into account the companies ' complete value chain , including :


### in providing such information the company may rely on national , eu - based or international frameworks and , if so , shall specify which frameworks it has relied upon . ### in providing such information the company may rely on national , eu - based or international frameworks and , if so , shall specify which frameworks it has relied upon1 . __________________ 1such as the un global compact , the guiding principles on business and human rights implementing the un “protect , respect and remedy” framework , the oecd guidelines for multinational enterprises , iso 26000 , the ilo tripartite declaration of principles concerning multinational enterprises and social policy , and the global reporting initiative .


### this regulation lays down rules for the timely development and interoperability of trans - european energy networks in order to achieve the treaty ' s energy policy objectives to ensure the functioning of the internal energy market and security of supply in the union , to promote energy efficiency and energy saving and the development of new and renewable forms of energy , and to promote the interconnection of energy networks . by pursuing these objectives , this proposal contributes to smart , sustainable and inclusive growth and brings benefits to the entire union in terms of competitiveness and economic , social and territorial cohesion . ### this regulation lays down rules for the timely development and interoperability of trans - european energy networks in order to achieve the treaty ' s energy policy objectives to ensure the functioning of the internal energy market and security of supply in the union , to promote energy efficiency and energy saving and the development of new and renewable forms of energy , and to promote the interconnection of energy networks . by pursuing these objectives , this proposal contributes to smart , sustainable and inclusive growth and brings benefits to the entire union in terms of competitiveness and economic , social and territorial cohesion . in order to achieve these objectives , the proposal promotes consultations with regional authorities engaged in the process to be arranged at the relevant stage of the permit granting procedure .


### given the urgency to develop energy infrastructures , the simplification of permit granting procedures must be accompanied by a clear deadline for the decision to be taken by the respective competent authorities regarding the construction of the project . this time limit should stimulate a more efficient definition and handling of procedures , and should under no circumstances compromise on the high standards for the protection of the environment and public participation . ### investment in trans - european energy infrastructures is particularly important in view of the development and job creation potential . given , therefore , the urgency of developing energy infrastructures , the simplification of permit granting procedures must be accompanied by a clear deadline for the decision to be taken by the respective competent authorities regarding the construction of the project . this time limit should stimulate a more efficient definition and handling of procedures , and should under no circumstances compromise on the high standards for the protection of the environment and public participation .


### ' energy infrastructure ' means any physical equipment designed to allow transmission and distribution of electricity or gas , transportation of oil or carbon dioxide , or storage of electricity or gas , which is located within the union or linking the union and one or more third countries ; ### ' energy infrastructure ' means any physical equipment designed to allow transmission and distribution of electricity or gas , transportation of oil or carbon dioxide , or storage of electricity or gas , or reception , storage and regasification or decompression facilities for liquefied natural gas , which is located within the union or linking the union and one or more third countries ;


### if the commissioning of a project of common interest is delayed by more than two years compared to the implementation plan without sufficient justification : ### if the construction and commissioning of a project of common interest is delayed compared to the implementation plan , other than for overriding reasons beyond the control of the project promoter :


### the project promoter of that project shall accept investments by one or several other operators or investors to implement the project . the system operator , in whose area the investment is located , shall provide the implementing operator or investor with all information needed to realise the investment , shall connect new assets to the transmission network and shall generally make its best efforts to facilitate the implementation of the investment and the secure , reliable and efficient operation and maintenance of the project of common interest . ### insofar as measures referred to in article 22 , or of directives 2009 / 72 / ec and 2009 / 73 / ec are applicable according to respective national laws , national regulatory authorities shall ensure that the investment is carried out .


### the commission may launch a call for proposals open to any project promoter to build the project according to an agreed timeline . ### if the measures of national regulatory authorities according to paragraph are not sufficient to ensure that the investment is carried out , or are not applicable , the project promoter of that project shall choose a third party to finance or construct the project . the project promoter shall do so before the delay compared to the date of commissioning in the implementation plan exceeds two years .


### the authorities , stakeholders , and the public likely to be concerned ; ### the authorities , stakeholders , and the public likely to be concerned , with special emphasis on identifying relevant regional authorities to be consulted ;


### within one month of the entry into force of this regulation , the entso for electricity and the entso for gas shall submit to the agency and the commission their respective methodology , including on network and market modelling , for a harmonised energy system - wide cost - benefit analysis at union - wide level for projects of common interest falling under the categories set out in points 1 to and 2 of annex ii . the methodology shall be elaborated in line with the principles laid down in annex v . ### within one month of the entry into force of this regulation , the entso for electricity and the entso for gas shall submit to the agency and the commission their respective methodology , including on network and market modelling , for a harmonised energy system - wide cost - benefit analysis at union - wide level for projects of common interest falling under the categories set out in points 1 to and 2 of annex ii . the methodology shall be elaborated in line with the principles laid down in annex v and include , in particular , the consultation of relevant regional authorities , other infrastructure operators and the respective organizations representing them .


### where a project promoter incurs higher risks for the development , construction , operation or maintenance of a project of common interest falling under the categories set out in points 1 and 2 of annex ii , except for hydro - pumped electricity storage projects , compared to the risks normally incurred by a comparable infrastructure project , and where such risks are not covered under an exemption pursuant to article 36 of directive 2009 / 73 / ec or article 17 of regulation no 714 / 2009 , national regulatory authorities shall ensure that appropriate incentives are granted to that project when applying article 37 of directive 2009 / 72 / ec , article 41 of directive 2009 / 73 / ec , article 14 of regulation no 714 / 2009 , and article 13 of regulation no 715 / 2009 . ### where a project promoter incurs higher risks for the development , construction , operation or maintenance of a project of common interest falling under the categories set out in points 1 and 2 of annex ii , except for hydro - pumped electricity storage projects , compared to the risks normally incurred by a comparable infrastructure project , and where such risks are not covered under an exemption pursuant to article 36 of directive 2009 / 73 / ec or article 17 of regulation no 714 / 2009 , and taking into account anticipated future costs for energy consumers , national regulatory authorities shall ensure that appropriate incentives are granted to that project when applying article 37 of directive 2009 / 72 / ec , article 41 of directive 2009 / 73 / ec , article 14 of regulation no 714 / 2009 , and article 13 of regulation no 715 / 2009 .


### projects of common interest falling under the categories set out in points 1 to and 2 of annex ii , except for hydro - pumped electricity storage projects , shall be also eligible for union financial support in the form of grants for works in accordance with the provisions of [ regulation of the european parliament and the council establishing the connecting europe facility ] , if they are carried out according to the procedure referred to in paragraph 6 of or if they fulfil the following criteria : ### projects of common interest falling under the categories set out in points 1 to , 2 and 3 of annex ii , except for hydro - pumped electricity storage projects , shall be also eligible for union financial support in the form of grants for works in accordance with the provisions of [ regulation of the european parliament and the council establishing the connecting europe facility ] , if they are carried out according to the procedure referred to in paragraph 6 point of article 5 or if they fulfil the following criteria :


### projects of common interest falling under the categories set out in points 1 to and 2 of annex ii , except for hydro - pumped electricity storage projects , shall be also eligible for union financial support in the form of grants for works in accordance with the provisions of [ regulation of the european parliament and the council establishing the connecting europe facility ] , if they are carried out according to the procedure referred to in paragraph 6 of article 5 or if they fulfil the following criteria : ### projects of common interest falling under the categories set out in points 1 to and 2 of annex ii , except for hydro - pumped electricity storage projects , shall be also eligible for union financial support in the form of grants , loans or loan collateral for works in accordance with the provisions of [ regulation of the european parliament and the council establishing the connecting europe facility ] , if they are carried out according to the procedure referred to in paragraph 6 of article 5 or if they fulfil the following criteria :


### the project specific cost - benefit analysis pursuant to paragraph 4 of article 13 provides evidence concerning the existence of significant positive externalities , such as security of supply , solidarity or innovation ; and ### the project specific cost - benefit analysis pursuant to paragraph 4 of article 13 provides evidence concerning the existence of significant positive externalities , such as security of supply , solidarity , social impact or innovation ; and


### the project is commercially not viable according to the business plan and other assessments carried out , notably by possible investors or creditors . the decision on incentives and its justification referred to in paragraph 3 of article 14 shall be taken into account when assessing the project ' s commercial viability ; and ### the project is commercially not viable according to the business plan and other assessments carried out , notably by possible investors or creditors . the decision on incentives and its justification referred to in paragraph 3 of article 14 shall be taken into account when assessing the project ' s commercial viability ;


### the project has received a cross - border cost allocation decision pursuant to article 13 or , for projects having received an exemption pursuant to article 36 of directive 2009 / 73 / ec or article 17 of regulation no 714 / 2009 , an opinion from the competent national regulatory authorities and the agency on the commercial viability of the project . ### optionally , the project has received a cross - border cost allocation decision pursuant to article 13 or , for projects having received an exemption pursuant to article 36 of directive 2009 / 73 / ec or article 17 of regulation no 714 / 2009 , an opinion from the competent national regulatory authorities and the agency on the commercial viability of the project .


### projects of common interest falling under the categories set out in points 1 and 4 of annex ii shall be also eligible for union financial support in the form of grants for works in accordance with the provisions of [ regulation of the european parliament and the council establishing the connecting europe facility ] , if the concerned project promoters can clearly demonstrate the significant positive externalities generated by the projects and their lack of commercial viability . ### projects of common interest falling under the categories set out in points 1 and 4 of annex ii shall be also eligible for union financial support in the form of grants for works in accordance with the provisions of [ regulation of the european parliament and the council establishing the connecting europe facility ] , if the concerned project promoters can clearly demonstrate the significant positive externalities generated by the projects and their lack of commercial viability or elevated operational risk .


### north - south electricity interconnections in central eastern and south eastern europe : interconnections and internal lines in north - south and east - west directions to complete the internal market and integrate generation from renewable energy sources . ### north - south electricity interconnections in central eastern and south eastern europe : interconnections and internal lines in north - south and east - west directions and with third countries to complete the internal market and integrate generation from renewable energy sources .


### north - south gas interconnections in western europe : interconnection capacities for north - south gas flows in western europe to further diversify routes of supply and increase short - term gas deliverability . member states concerned : belgium , france , germany , ireland , italy , luxembourg , malta , the netherlands , portugal , spain , the united kingdom ; ### north - south gas interconnections in western europe : gas infrastructure for north - south gas flows in western europe to further diversify routes of supply and increase short - term gas deliverability . member states concerned : belgium , france , germany , ireland , italy , luxembourg , malta , the netherlands , portugal , spain , the united kingdom ;


### north - south gas interconnections in central eastern and south eastern europe : regional gas connections between the baltic sea region , the adriatic and aegean seas and the black sea , notably to enhance diversification and security of gas supply ; member states concerned : austria , bulgaria , cyprus , czech republic , germany , greece , hungary , italy , poland , romania , slovakia , slovenia ; ### north - south gas interconnections in central eastern and south eastern europe : regional gas infrastructure between the baltic sea region , the adriatic and aegean seas and the black sea , notably to enhance diversification and security of gas supply ; member states concerned : austria , bulgaria , cyprus , czech republic , germany , greece , hungary , italy , poland , romania , slovakia , slovenia ;


### southern gas corridor : transmission of gas from the caspian basin , central asia , the middle east and the eastern mediterranean basin to the union to enhance diversification of gas supply . member states concerned : austria , bulgaria , czech republic , cyprus , france , germany , hungary , greece , italy , poland , romania , slovakia , slovenia ; ### southern gas corridor : gas infrastructure to enhance diversification of gas supply from the caspian basin , central asia , the middle east and the eastern mediterranean basin to the union ; member states concerned : austria , bulgaria , czech republic , cyprus , france , germany , hungary , greece , italy , poland , romania , slovakia , slovenia ;


### for electricity projects falling under the categories set out in point 1 of annex ii , each group shall be composed of representatives of the member states , national regulatory authorities , transmission system operators following their obligation to cooperate on a regional level in accordance with article 6 of directive 2009 / 72 / ec and article 12 of regulation no 714 / 2009 and project promoters concerned by each of the relevant priorities designated in annex i , as well as the commission , the agency and the entso for electricity . ### for electricity projects falling under the categories set out in point 1 of annex ii , each group shall be composed of representatives of the member states , national regulatory authorities , relevant regional authorities from all the member states concerned , transmission system operators following their obligation to cooperate on a regional level in accordance with article 6 of directive 2009 / 72 / ec and article 12 of regulation no 714 / 2009 and project promoters concerned by each of the relevant priorities designated in annex i , as well as the commission , the agency and the entso for electricity .