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


### a member state receiving financial assistance from one or several other states , the imf , the efsf or the esm shall prepare in agreement with the commission - acting in liaison with the ecb - a draft adjustment programme aimed at re - establishing a sound and sustainable economic and financial situation and restoring its capacity to finance itself fully on the financial markets . the draft adjustment programme shall take due account of the current recommendations addressed to the member state concerned under articles 121 , 126 and / or 148 of the treaty - and its actions to comply with them - while aiming at broadening , strengthening and deepening the required policy measures . ### a member state receiving financial assistance from one or several other states , the imf , the efsf or the esm shall present to the commission a macroeconomic adjustment programme which shall build on and substitute the economic partnership programme whenever it exists , aimed at re - establishing a sound and sustainable economic and financial situation and restoring its capacity to finance itself fully on the financial markets . where such an adjustment programme is required , financing shall be provided with adequate interest rates and adequate maturities of , where possible , no less than thirty years . the draft adjustment programme shall take due account of the current recommendations addressed to the member state concerned under articles 121 , 126 and / or 148 of the treaty - and its actions to comply with them .


### where financial assistance is sought from the efsf or the esm , the commission shall prepare – in liaison with the ecb and wherever possible , the imf - an analysis of the sustainability of the government debt of the member state concerned , including the member state ' s ability to repay the envisaged financial assistance , and forward it to the efc or to any subcommittee the latter may designate for that purpose . ### where financial assistance is sought from the efsf or the esm , the commission shall prepare – in liaison with the ecb - an analysis of the sustainability of the government debt of the member state concerned , including the impact of any macro - financial adjustment programme on growth forecasts and therefore on the member state ' s ability to repay the envisaged financial assistance , and forward it to the efc or to any subcommittee the latter may designate for that purpose .


### the annual budgetary targets in the adjustment programme provided for by article 6 of this regulation shall be deemed to replace as appropriate the annual budgetary targets foreseen in accordance with article 3 and article 5 of regulation no 1467 / 97 in the mentioned recommendation and notice . if the member state concerned is subject to notice under article 126 of the treaty , the adjustment programme foreseen by article 6 of this regulation shall also be deemed to replace the indications on measures conducive to those targets foreseen in the notice in accordance with article 5 of regulation no 1467 / 97 . ### the annual budgetary targets in the adjustment programme provided for by article 6 of this regulation shall replace as appropriate the annual budgetary targets foreseen in accordance with article 3 and article 5 of regulation no 1467 / 97 in the mentioned recommendation and notice . if the member state concerned is subject to notice under article 126 of the treaty , the adjustment programme foreseen by article 6 of this regulation shall also replace the indications on measures conducive to those targets foreseen in the notice in accordance with article 5 of regulation no 1467 / 97 .


### where it is concluded - on the basis of the assessment foreseen in paragraph 4 - that further measures are needed and the financial situation of the member state concerned has significant adverse effects on the financial stability of the euro area , the council , acting by qualified majority on a proposal from the commission , may recommend to the member state concerned to seek financial assistance and to prepare a macro - economic adjustment programme . the council may decide to make this recommendation public . ### where it is concluded - on the basis of the assessment foreseen in paragraph 4 - that further measures are needed and the financial situation of the member state concerned has significant adverse effects on the financial stability of the euro area , on a proposal from the commission , the council , acting by qualified majority and with the consent of the european parliament , may recommend to the efsf or to the esm to offer financial assistance , linked to appropriate conditionality , to the member state concerned . the council can only make this recommendation public insofar as financial assistance is granted .


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


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


### ' undertaking active in the extractive industry ' means an undertaking with any activity involving the exploration , discovery , development , and extraction of minerals , oil and natural gas deposits , as referred to in section b - divisions 05 to 08 of annex i to regulation no 1893 / 2006 of the european parliament and of the council . ### ' undertaking ' means the highest level parent company publishing accounts within the european union where the group of companies for which that parent company prepares consolidated financial statements , includes subsidiary companies , branches , permanent establishments , joint ventures and associates .


### the reports should serve to facilitate governments of resource - rich countries in implementing the eiti principles and criteria and account to their citizens for payments such governments receive from undertakings active in the extractive industry or loggers of primary forests operating within their jurisdiction . the report should incorporate disclosures on a country and project basis , where a project is considered as the lowest level of operational reporting unit at which the undertaking prepares regular internal management reports , such as a concession , geographical basin , etc and where payments have been attributed to such projects . in the light of the overall objective of promoting good governance in these countries , the materiality of payments to be reported should be assessed in relation to the recipient government . various criteria on materiality could be envisaged such as payments of an absolute amount , or a percentage threshold and these can be defined through a delegated act . the reporting regime should be subject to a review and a report by the commission within five years of the entry into force of the directive . the review should consider the effectiveness of the regime and take into account international developments including issues of competitiveness and energy security . the review should also take into account the experience of preparers and users of the payments information and consider whether it would be appropriate to include additional payment information such as effective tax rates and recipient details , such as bank account information . ### the reports should serve to facilitate governments ' accountability to their citizens for payments they receive from undertakings operating within their jurisdiction . the report should incorporate disclosures on a country by country basis . for undertakings active in the extractive industry or loggers of natural forest disclosure shall also be on a project basis , where a project is considered as equivalent to activities governed by a license , lease , concession or similar legal agreement . where any payment liabilities are incurred on a different basis , reporting shall be on that basis . in the light of the overall objective of promoting good governance all types of payment shall be reported where they are deemed to have a significant impact on a country ' s economy or society on a local , regional or national level and any threshold shall capture such impacts . rules shall be put in place to ensure that any thresholds cannot be circumvented . the reporting regime should be subject to a review and a report by the commission within two years of the entry into force of the directive . the review should take into account international developments , progress towards global standards in this area and report on the impacts of this legislation on third countries , in particular in achieving the objectives of enhanced transparency of payments to governments .


### in addition , there is demand on the part of content , applications and services providers , for the provision of transmission services based on flexible quality parameters , including lower levels of priority for traffic which is not time - sensitive . the possibility for content , applications and service providers to negotiate such flexible quality of service levels with providers of electronic communications to the public is necessary for the provision of specialised services and is expected to play an important role in the development of new services such as machine - to - machine communications . at the same time such arrangements should allow providers of electronic communications to the public to better balance traffic and prevent network congestion . providers of content , applications and services and providers of electronic communications to the public should therefore be free to conclude specialised services agreements on defined levels of quality of service as long as such agreements do not substantially impair the general quality of internet access services . ### in addition , there is demand on the part of content , applications and services providers , for the provision of transmission services based on quality parameters . for the provision of specialised services in closed networks , it is necessary that content , applications and service providers have the opportunity to negotiate such a specific quality of service levels with providers of electronic communications to the public for a limited group of users . this is expected to play an important role in the development of new services such as machine - to - machine communications . providers of content , applications and services and providers of electronic communications to the public should therefore be free to conclude specialised services agreements on defined levels of quality of service in closed networks that are independent of internet protocol , as long as such agreements do not impair the general quality of internet access services . specialised services may not be marketed as a substitute for the internet or used as such . if specialised services are offered or marketed by access network providers , the latter have an obligation to also offer an open internet access service within the meaning of recital 45 . all ip - based services are subject to the best - effort principle .


### ' specialised service ' means an electronic communications service or any other service that provides the capability to access specific content , applications or services , or a combination thereof , and whose technical characteristics are controlled from end - to - end or provides the capability to send or receive data to or from a determined number of parties or endpoints ; and that is not marketed or widely used as a substitute for internet access service ; ### ' specialised service ' means an electronic communications service or any other service provided and operated only within a closed , electronic communications networks and not marketed or used as an internet substitute or functionally identical to open internet content , applications or services . a special service shall only be admissible if it there is a manifest technical and factual need , over and above economic self - interest , for particular real - time critical applications meeting particular quality criteria . it is characterized by clearly defined and guaranteed customized quality - of - service parameters and subject to continuous end - to - end management up to the ' last mile ' by the special service provider . a special service may not be limited to an endpoint controlled by the service provider .


### within the limits of any contractually agreed data volumes or speeds for internet access services , providers of internet access services shall not restrict the freedoms provided for in paragraph 1 by blocking , slowing down , degrading or discriminating against specific content , applications or services , or specific classes thereof , except in cases where it is necessary to apply reasonable traffic management measures . reasonable traffic management measures shall be transparent , non - discriminatory , proportionate and necessary to : implement a legislative provision or a court order , or prevent or impede serious crimes ; preserve the integrity and security of the network , services provided via this network , and the end - users ' terminals ; prevent the transmission of unsolicited communications to end - users who have given their prior consent to such restrictive measures ; minimise the effects of temporary or exceptional network congestion provided that equivalent types of traffic are treated equally . reasonable traffic management shall only entail processing of data that is necessary and proportionate to achieve the purposes set out in this paragraph . ### providers of internet access services shall not restrict the rights provided for in paragraph 1 by : - deleting , blocking , slowing down , degrading or discriminating against specific content , applications , services or terminal devices , or specific classes thereof , - prioritising specific content , applications , services or terminal devices , or specific classes thereof , or - concluding special pricing agreements with the end - user which make accessing particular content , applications , services or terminal devices or specific classes thereof seem less economically attractive , except in cases where it is necessary to apply justified and reasonable traffic management measures . such measures shall be transparent , non - discriminatory , proportionate and necessary to : - preserve the integrity and security of the network , services provided via this network , and the end - users ' terminals , or - minimise the effects of temporary and exceptional network congestion , provided that all content , applications and services are treated in accordance with the best effort principle . no packet inspection going beyond checking of the headers of the data packets shall take place .


### the internet has developed over the past decades as an open platform for innovation with low access barriers for end - users , content and application providers and internet service providers . the existing regulatory framework aims at promoting the ability of end - users to access and distribute information or run applications and services of their choice . recently , however , the report of the body of european regulators for electronic communications on traffic management practices published in may 2012 and a study , commissioned by the executive agency for consumers and health and published in december 2012 , on the functioning of the market of internet access and provision from a consumer perspective , showed that a significant number of end - users are affected by traffic management practices which block or slow down specific applications . these tendencies require clear rules at the union level to maintain the open internet and to avoid fragmentation of the single market resulting from individual member states ' measures . ### the internet has developed over the past decades as an open platform for innovation with low access barriers for end - users , content and application providers and internet service providers . the existing regulatory framework aims at promoting the ability of end - users to access and distribute information covering all content or run applications and services of their choice , thereby facilitating the transfer free of charge of data used for non - commercial purposes , irrespective of content . recently , however , the report of the body of european regulators for electronic communications on traffic management practices published in may 2012 and a study , commissioned by the executive agency for consumers and health and published in december 2012 , on the functioning of the market of internet access and provision from a consumer perspective , showed that a significant number of end - users are affected by traffic management practices which block or slow down specific applications .


### the internet has developed over the past decades as an open platform for innovation with low access barriers for end - users , content and application providers and internet service providers . the existing regulatory framework aims at promoting the ability of end - users to access and distribute information or run applications and services of their choice . recently , however , the report of the body of european regulators for electronic communications on traffic management practices published in may 2012 and a study , commissioned by the executive agency for consumers and health and published in december 2012 , on the functioning of the market of internet access and provision from a consumer perspective , showed that a significant number of end - users are affected by traffic management practices which block or slow down specific applications . ### the internet has developed over the past decades as an open platform for innovation with low access barriers for end - users , content and application providers and internet service providers . fundamentally equal treatment and non - discrimination in forwarding data packages , irrespective of content , service , application , origin or destination , must be safeguarded by law throughout the eu , to provide a lasting guarantee that all users of internet services have in principle access to all content , services or applications on the internet or can offer these themselves . access network operators are subject to a general obligation to forward data packages by providing transfer services of an appropriate level of quality that reflects advances in technological progress to users , regardless of origin and destination or the content , services and applications to be transferred . the open and non - discriminatory nature of the internet is the key driver of innovation and economic efficiency . these essential characteristics help secure the freedom and diversity of expression , the media and culture . the existing regulatory framework aims at promoting the ability of end - users to access and distribute information or run applications and services of their choice . recently , however , the report of the body of european regulators for electronic communications on traffic management practices published in may 2012 and a study , commissioned by the executive agency for consumers and health and published in december 2012 , on the functioning of the market of internet access and provision from a consumer perspective , showed that a significant number of end - users are affected by traffic management practices which block or slow down specific applications . an open internet which works exclusively on the best - effort principle should not be undermined by the development of other products and services .


### in an open internet , providers of electronic communications to the public should , within contractually agreed limits on data volumes and speeds for internet access services , not block , slow down , degrade or discriminate against specific content , applications or services or specific classes thereof except for a limited number of reasonable traffic management measures . such measures should be transparent , proportionate and non - discriminatory . reasonable traffic management encompasses prevention or impediment of serious crimes , including voluntary actions of providers to prevent access to and distribution of child pornography . minimising the effects of network congestion should be considered reasonable provided that network congestion occurs only temporarily or in exceptional circumstances . ### in an open internet , providers of electronic communications to the public ought not to delete , block , slow down , degrade or discriminate against specific content , applications or services or specific classes thereof except for a number of reasonable traffic management measures that are clearly defined in this regulation and individually justified . such measures must be transparent , necessary and proportionate .


### ' internet access service ' means a publicly available electronic communications service that provides connectivity to the internet , and thereby connectivity between virtually all end points connected to the internet , irrespective of the network technology used ; ### ' open internet access service ' means a publicly available electronic communications service that provides connectivity to the internet , and thereby connectivity between all end points connected to the internet , irrespective of the network technology used ; the member states shall impose reasonable minimum requirements on the service quality of open internet access services , reflecting technological progress ; an open internet access service enables end - users to use any internet - based application in accordance with the best effort principle ; the only permissible derogation from this principle is proportionate , justified traffic management , in cases where the conditions for its use are clearly defined ;


### in a seamless single market in electronic communications , the freedom to provide electronic communications networks and services to every customer in the union and the right of each end - user to choose the best offer available on the market should be ensured and should not be hindered by the fragmentation of markets along national borders . the current regulatory framework for electronic communications does not fully address such fragmentation , with national , rather than union - wide general authorisation regimes , national spectrum assignment schemes , differences of access products available for electronic communications providers in different member states , and different sets of sector - specific consumer rules applicable . the union rules in many cases merely define a baseline , and are often implemented in diverging ways by the member states . ### in a seamless single market in electronic communications , the right of each individual to access electronic communications networks and services in the union , the freedom to provide these and the right of each end - user to choose the best offer available on the market should be ensured and should not be hindered by the fragmentation of markets along national borders .


### freedom to provide and avail of open internet access , and reasonable traffic management ### open internet access , specialised services and reasonable , justified traffic management


### national regulatory authorities shall closely monitor and ensure the effective ability of end - users to benefit from the freedoms provided for in article 23 and , compliance with article 23 , and the continued availability of non - discriminatory internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services . they shall , in cooperation with other competent national authorities , also monitor the effects of specialised services on cultural diversity and innovation . national regulatory authorities shall report on an annual basis to the commission and berec on their monitoring and findings . ### national regulatory authorities shall closely monitor and ensure the effective ability of end - users to benefit from the rights provided for in article 23 and , compliance with article 23 , and the continued availability of open internet services under point 14 of article 2 that are not impaired by specialised services . they shall , in cooperation with other competent national authorities , also monitor the effects of specialised services on freedom of opinion and information , liguistic and cultural diversity , media freedom and diversity and innovation . national regulatory authorities shall report on an annual basis to the commission and berec on their monitoring and findings .


### the freedom of end - users to access and distribute information and lawful content , run applications and use services of their choice is subject to the respect of union and compatible national law . this regulation defines the limits for any restrictions to this freedom by providers of electronic communications to the public but is without prejudice to other union legislation , including copyright rules and directive 2000 / 31 / ec . ### the right of end - users to access and distribute information and content , run applications and use services of their choice is subject to the respect of union and compatible national law .


### information on any procedures put in place by the provider to measure and shape traffic so as to avoid congestion of a network , and on how those procedures could affect service quality and the protection of personal data ; ### information on all procedures put in place by the provider to measure and shape traffic so as to avoid congestion of a network , and on how those procedures could affect service quantity and quality and the protection of personal data ;


### end - users shall be free to access and distribute information and content , run applications and use services of their choice via their internet access service . end - users shall be free to enter into agreements on data volumes and speeds with providers of internet access services and , in accordance with any such agreements relative to data volumes , to avail of any offers by providers of internet content , applications and services . ### open internet access shall be fully guaranteed in accordance with article 2 , so as to enable end - users to access and distribute any information and content they choose , run applications and use services and terminal devices of their choice via their open internet access service , irrespective of the source or destination of such information , content , applications or services . access network operators shall be subject to a general forwarding obligation in accordance with the best effort principle . end - users shall be free to enter into agreements on data volumes and speeds with providers of internet access services .


### this section shall apply to harmonised radio spectrum for wireless broadband communications . ### this section shall apply to harmonised radio spectrum within the meaning of directives 2009 / 140 / ec and 676 / 2002 / ec for wireless broadband communications , subject to the provisions of articles 8a and 9 of directive 2002 / 21 / ec .


### in order to enable the provision of specialised services to end - users , providers of content , applications and services and providers of electronic communications to the public shall be free to enter into agreements with each other to transmit the related data volumes or traffic as specialised services with a defined quality of service or dedicated capacity . the provision of specialised services shall not impair in a recurring or continuous manner the general quality of internet access services . ### the provision of specialised services shall not impair the quality of internet access services . neither shall they impairexisting , generally recognised technical standards and their further development . special services shall only be admissible where there is a manifest technical and de facto need for them , over and above economic self - interest , so as to be able to provide real time critical applications meeting particular quality standards .


### actually available data speed for download and upload in the end - user ' s member state of residence , including at peak - hours ; ### actually available data speed for download and upload in the end - user ' s member state of residence , including at peak - hours , and the tools available at any time to end - users in a generally recognised manner to monitor for themselves in real time , for the duration of the contract , the upload and download speeds available to them ;


### information on any procedures put in place by the provider to measure and shape traffic so as to avoid congestion of a network , and on how those procedures could affect service quality and the protection of personal data ; ### information on any procedures put in place by the provider to measure and shape traffic so as to avoid congestion of a network , and on how those procedures could affect service quality and the protection of personal data , and all measures pursuant to article 23 ; the tools available at any time for end - users to ascertain , in a generally recognised and comprehensible manner , the procedures and measures put in place to measure and shape traffic under article 23 , must also be shown ;


### this section shall be without prejudice to the right of the member states to benefit from fees imposed to ensure the optimal use of radio spectrum resources in accordance with article 13 of directive 2002 / 20 / ec and to organise and use their radio spectrum for public order , public security and defence . ### this section shall be without prejudice to the right of the member states to benefit from fees imposed to ensure the optimal use of radio spectrum resources in accordance with article 13 of directive 2002 / 20 / ec and to organise and use their radio spectrum for public order , public security , defence and general interest purposes , such as promoting cultural and linguistic diversity and media diversity , e . g . by providing radio and tv programmes .


### ' internet access service ' means a publicly available electronic communications service that provides connectivity to the internet , and thereby connectivity between virtually all end points connected to the internet , irrespective of the network technology used ; ### ' open internet access service ' means a publicly available electronic communications service that provides connectivity to the internet , and thereby connectivity between virtually all end points connected to the internet , irrespective of the network technology used ; the member states shall impose reasonable minimum requirements in respect of open internet access service quality , which must be constantly adapted to technological progress ; an open internet access service enables end - users to use any internet - based application in accordance with the best effort principle ; the only permissible derogation from this principle is proportional and justified traffic management where the conditions for its use are clearly defined ;


### within the limits of any contractually agreed data volumes or speeds for internet access services , providers of internet access services shall not restrict the freedoms provided for in paragraph 1 by blocking , slowing down , degrading or discriminating against specific content , applications or services , or specific classes thereof , except in cases where it is necessary to apply reasonable traffic management measures . reasonable traffic management measures shall be transparent , non - discriminatory , proportionate and necessary to : implement a legislative provision or a court order , or prevent or impede serious crimes ; preserve the integrity and security of the network , services provided via this network , and the end - users ' terminals ; prevent the transmission of unsolicited communications to end - users who have given their prior consent to such restrictive measures ; minimise the effects of temporary or exceptional network congestion provided that equivalent types of traffic are treated equally . reasonable traffic management shall only entail processing of data that is necessary and proportionate to achieve the purposes set out in this paragraph . ### providers of internet access services shall not restrict the rights provided for in paragraph 1 by : - deleting , blocking , slowing down , degrading or discriminating against specific content , applications , services or terminal devices , or specific classes thereof , - prioritising specific content , applications , services or terminal devices , or specific classes thereof , or - concluding special pricing agreements with the end - user which make accessing particular content , applications , services or terminal devices or specific classes thereof seem less economically attractive , except in cases where it is necessary to apply justified and reasonable traffic management measures . such measures shall be transparent , non - discriminatory , proportionate and necessary to : - preserve the integrity and security of the network , services provided via this network , and the end - users ' terminals , or - minimise the effects of temporary and exceptional network congestion , provided that all content , applications and services are treated in accordance with the best effort principle . no packet inspection going beyond checking of the headers of the data packets shall take place .


### national regulatory authorities shall closely monitor and ensure the effective ability of end - users to benefit from the freedoms provided for in article 23&#160 ; and , compliance with article 23&#160 ; , and the continued availability of non - discriminatory internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services . they shall , in cooperation with other competent national authorities , also monitor the effects of specialised services on cultural diversity and innovation . national regulatory authorities shall report on an annual basis to the commission and berec on their monitoring and findings . ### national regulatory authorities shall closely monitor and ensure the effective ability of end - users to benefit from the rights provided for in article 23&#160 ; and , compliance with article 23&#160 ; , and the continued availability of non - discriminatory internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services . they shall , in cooperation with other competent national authorities , also monitor the effects of specialised services on freedom of opinion and information , linguistic and cultural diversity , media freedom and diversity , and innovation . national regulatory authorities shall report on an annual basis to the commission and berec on their monitoring and findings .


### the application of various national policies creates inconsistencies and fragmentation of the internal market which hamper the roll - out of union - wide services and the completion of the internal market for wireless broadband communications . it could in particular create unequal conditions for access to such services , hamper competition between undertakings established in different member states and stifle investments in more advanced networks and technologies and the emergence of innovative services , thereby depriving citizens and businesses of ubiquitous integrated high - quality services and wireless broadband operators of increased efficiency gains from large - scale more integrated operations . therefore , action at union level regarding certain aspects of radio spectrum assignment should accompany the development of wide integrated coverage of advanced wireless broadband communications services throughout the union . at the same time , member states should retain the right to adopt measures to organise their radio spectrum for public order , public security purposes and defence . ### radio spectrum serves the public interest in a wide range of areas in the member states . in that connection , due account has to be taken of a host of specific national and regional characteristics . member states should therefore also retain the right to adopt measures to organise their radio spectrum which are required to carry out specific cultural and social tasks . alongside terrestrial broadcasting and the cultural and creative sectors , this also includes public order , public security and defence . in the event of disputes between member states regarding the use of spectrum , the commission shall play a supplementary coordinating role in support of the member states .


### in addition , there is demand on the part of content , applications and services providers , for the provision of transmission services based on flexible quality parameters , including lower levels of priority for traffic which is not time - sensitive . the possibility for content , applications and service providers to negotiate such flexible quality of service levels with providers of electronic communications to the public is necessary for the provision of specialised services and is expected to play an important role in the development of new services such as machine - to - machine communications . at the same time such arrangements should allow providers of electronic communications to the public to better balance traffic and prevent network congestion . providers of content , applications and services and providers of electronic communications to the public should therefore be free to conclude specialised services agreements on defined levels of quality of service as long as such agreements do not substantially impair the general quality of internet access services . ### in addition , there is demand on the part of content , applications and services providers , for the provision of transmission services based on quality parameters . for the provision of specialised services in closed networks , it is necessary that content , applications and service providers have the opportunity to negotiate such a specific quality of service levels with providers of electronic communications to the public for a limited group of users . this is expected to play an important role in the development of new services such as machine - to - machine communications . special services must neither impair open internet access service quality nor be marketed or used as an internet substitute . they are admissible only if there is a manifest technical and de facto need , over and above economic self - interest , to be able to supply real - time critical applications of a particular quality . if special services are offered or marketed by access network providers , they are also under the obligation to provide an open internet access service as referred to in recital . all open internet services are subject to the best - effort principle .


### in order to enable the provision of specialised services to end - users , providers of content , applications and services and providers of electronic communications to the public shall be free to enter into agreements with each other to transmit the related data volumes or traffic as specialised services with a defined quality of service or dedicated capacity . the provision of specialised services shall not impair in a recurring or continuous manner the general quality of internet access services . ### the provision of specialised services shall not impair the quality of internet access services . neither shall they undermine existing , generally recognised technical standards and their development . special services shall only be admissible where there is a manifest technical and de facto need for them , over and above economic self - interest , so as to be able to provide real time critical applications or applications requiring special safeguards and meeting particular quality standards .


### in addition , there is demand on the part of content , applications and services providers , for the provision of transmission services based on flexible quality parameters , including lower levels of priority for traffic which is not time - sensitive . the possibility for content , applications and service providers to negotiate such flexible quality of service levels with providers of electronic communications to the public is necessary for the provision of specialised services and is expected to play an important role in the development of new services such as machine - to - machine communications . at the same time such arrangements should allow providers of electronic communications to the public to better balance traffic and prevent network congestion . providers of content , applications and services and providers of electronic communications to the public should therefore be free to conclude specialised services agreements on defined levels of quality of service as long as such agreements do not substantially impair the general quality of internet access services . ### in addition , there is demand on the part of content , applications and services providers , for the provision of transmission services based on quality parameters . for the provision of specialised services in closed networks , it is necessary that content , applications and service providers have the opportunity to negotiate such a specific quality of service levels with providers of electronic communications to the public for a limited group of users . this is expected to play an important role in the development of new services such as machine - to - machine communications . providers of content , applications and services and providers of electronic communications to the public should therefore be free to conclude specialised services agreements on defined levels of quality of service in closed networks that are independent of internet protocol , as long as such agreements do not impair the general quality of internet access services . specialised services may not be marketed as a substitute for the internet or used as such . if specialised services are offered or marketed by access network providers , the latter have an obligation to also offer an open internet access service within the meaning of recital 45 . all ip - based services are subject to the best - effort principle .


### coordination and consistency of rights of use for radio spectrum should be improved , at least for the bands which have been harmonised for wireless fixed , nomadic and mobile broadband communications . this includes the bands identified at itu level for international mobile telecommunications advanced systems , as well as bands used for radio local area networks such as 2 . 4 ghz and 5 ghz . it should also extend to bands that may be harmonised in the future for wireless broadband communications , as envisaged in article 3 of the rspp and in the rspg opinion on ' strategic challenges facing europe in addressing the growing radio spectrum demand for wireless broadband ' adopted on 13 june 2013 , such as , in the near future , the 700 mhz , 1 . 5 ghz and 3 . 8 - 4 . 2 ghz bands . ### coordination and consistency of rights of use for radio spectrum should be improved for the bands which have been harmonised for wireless fixed , nomadic and mobile broadband communications . this includes the bands identified at itu level for international mobile telecommunications advanced systems , as well as bands used for radio local area networks such as 2 . 4 ghz and 5 ghz . it should also extend to bands that may be harmonised in the future for wireless broadband communications under directive 2002 / 21 / ec .


### where a minimum conservation reference size is set for a stock subject to article 3 , the sale of catches of that stock below the minimum conservation reference size shall be restricted for reduction to fish meal , pet food or other non - human consumption products only , or for charitable purposes . ### minimum conservation reference size is set for a stock subject to article 3 . member states , in cooperation with the north sea regional advisory council , shall introduce selective gears and incentives for fishermen to minimise the catch of juveniles .


### member states concerned shall report to the commission on the implementation of this regulation in the third year after the entry into force of this regulation and then every third year thereafter . ### member states concerned shall report to the commission on the implementation of this regulation in the second year after the . . . * and before new species are added as referred to in article 3 and then every second year thereafter . ___________ * oj : please insert the date : two years after the entry into force of this regulation .


### member states shall operate a remote electronic monitoring system for monitoring of fishing activities of the fishing vessels flying their flag and operating in the skagerrak . ### fishing vessels shall operate a remote electronic monitoring system for monitoring of fishing activities of the fishing vessels flying their flag and operating in the skagerrak .


### promoting social inclusion and combating poverty ; ### promoting social inclusion , gender and accessibility mainstreaming and combating poverty ;


### the deployment and exploitation phases of the galileo programme and the exploitation phase of the egnos programme should , in principle , be entirely financed by the union . however in accordance with regulation no 1605 / 2002 of 25 june 2002 on the financial regulation applicable to the general budget of the european communities , the member states should be able to provide additional funding to the programmes or a contribution in kind , on the basis of appropriate agreements , in order to fund additional programme elements requested by them , e . g . concerning the system architecture or particular security needs . third countries and international organisations should also be able to contribute to the programmes . ### the deployment and exploitation phases of the galileo programme and the exploitation phase of the egnos programme should , in principle , be entirely financed by the union . however in accordance with council regulation no 1605 / 2002 of 25 june 2002 on the financial regulation applicable to the general budget of the european communities , the member states should be able to provide additional funding to the programmes or a contribution in kind , on the basis of appropriate agreements , in order to fund additional programme elements requested by them , e . g . concerning the system architecture or particular security needs . third countries and international organisations should also be able to contribute to the programmes , to the extent that the independence of the global navigation satellite system of the union is not affected .


### since the union is responsible , in principle , for financing the programmes in full , provision should be made for it to own all tangible and intangible assets created or developed under these programmes . in order to comply fully with any fundamental rights relating to ownership , the necessary arrangements with existing owners should be made , particularly for essential elements of the infrastructures and their security . in order to facilitate adoption of satellite navigation by the markets , there is a need to ensure that third parties can make optimum use in particular of the intellectual property rights arising from the programmes which belong to the union , in particular at social and economic level . ### since the union is responsible , in principle , for financing the programmes in full , the governance and operation of the european gnss should remain under civilian control within the union and provision should be made for it to own all tangible and intangible assets created or developed under these programmes . in order to comply fully with any fundamental rights relating to ownership , the necessary arrangements with existing owners should be made , particularly for essential elements of the infrastructures and their security . in order to facilitate adoption of satellite navigation by the markets , there is a need to ensure that third parties can make optimum use in particular of the intellectual property rights arising from the programmes which belong to the union , in particular at social and economic level .


### the global resources available for budgetary commitment from the fund for the period 2014 - 2020 shall be eur&#160 ; 2&#160 ; 500&#160 ; 000 000 at 2011 prices , in accordance with the annual breakdown set out in annex ii . ### the global resources available for budgetary commitment from the fund for the period 2014 - 2020 shall be eur&#160 ; 3&#160 ; 500&#160 ; 000 000 at 2011 prices , in accordance with the annual breakdown set out in annex ii .


### they may also be purchased by a public body and made available free of charge to the partner organisations . in that case , the food may be obtained from the use , processing or sale of the products in intervention stocks made available in accordance with article 15 of the regulation no [ cmo ] , provided that this is economically the most favourable option and does not unduly delay the delivery of the food products to the partner organisations . any amount derived from a transaction concerning those stocks shall be used for the benefit of the most deprived persons , and shall not be applied so as to diminish the obligation of the member states , provided in article 18 of this regulation , to co - finance the programme . ### they may also be purchased by a public body and made available free of charge to the partner organisations . in that case , the food may be obtained from the use , processing or sale of the products in intervention stocks made available in accordance with article 15 of the regulation no [ cmo ] , provided that this is economically the most favourable option and does not unduly delay the delivery of the food products to the partner organisations . any amount derived from a transaction concerning those stocks shall be used for the benefit of the most deprived persons . it shall be in addition to the programme and shall not diminish the allocated budget for the member states .


### the global resources available for budgetary commitment from the fund for the period 2014 - 2020 shall be eur 2 500 000 000 at 2011 prices , in accordance with the annual breakdown set out in annex ii . ### the global resources available for budgetary commitment from the fund for the period 2014 - 2020 shall be at least eur 2 500 000 000 at 2011 prices , in accordance with the annual breakdown set out in annex ii .


### [ proposal for a ] regulation of the european parliament and of the council establishing a common organisation of the markets in agricultural products 5 provides that products bought under public intervention may be disposed of by making them available for the scheme for food distribution to the most deprived in the union if that scheme so provides . given that , depending on the circumstances , obtaining of food from the use , processing or sale of such stocks might be economically the most favourable option , it is appropriate to provide for such a possibility in this regulation . the amounts derived from a transaction concerning the stocks should be used for the benefit of the most deprived , and should not be applied so as to diminish the obligation of the member states to cofinance the programme . in order to ensure the most efficient possible use of the intervention stocks and the proceeds thereof , the commission should in accordance with article 19 of the regulation no [ cmo ] adopt implementing acts establishing procedures by which the products in intervention stocks may be used , processed or sold for the purposes of the most deprived programme . ### regulation no . . . . of the european parliament and of the council establishing a common organisation of the markets in agricultural products of . . . / 20xx provides that products bought under public intervention may be disposed of by making them available for the scheme for food distribution to the most deprived in the union if that scheme so provides . given that , depending on the circumstances , obtaining of food from the use , processing or sale of such stocks might be economically the most favourable option , it is appropriate to provide for such a possibility in this regulation . the amounts derived from a transaction concerning the stocks should be used for the benefit of the most deprived and should not diminish the allocated budget per member state . in order to ensure the most efficient possible use of the intervention stocks and the proceeds thereof , the commission should in accordance with article 19 of the regulation no [ cmo ] adopt implementing acts establishing procedures by which the products in intervention stocks may be used , processed or sold for the purposes of the most deprived programme .


### the commission decision adopting an operational programme shall fix the co - financing rate applicable to the operational programme and the maximum amount of support from the fund . ### the commission decision adopting an operational programme shall fix the maximum amount of support from the fund .


### the co - financing rate at the level of the operational programme shall not be higher than 85% of the public eligible expenditure . ### the financing rate at the level of the operational programme shall be 100% of the public eligible expenditure .


### the operational programme of each member state should identify and justify the forms of material deprivation to be addressed , and describe the objectives and features of the assistance to the most deprived persons that will be provided through the support of national schemes . it should also include elements necessary to ensure effective and efficient implementation of the operational programme . ### the operational programme of each member state should identify and justify the forms of material deprivation to be addressed , and describe the objectives and features of the assistance to the most deprived persons that will be provided through the support of national schemes . access to food aid should be the first deprivation to be addressed by the member states . it should also include elements necessary to ensure effective and efficient implementation of the operational programme .


### co - financing ### financing


### the financial envelope for implementing this programme for the period set out in article 1 is fixed at eur 1 801 000 000 . ### within the meaning of point [ 17 ] of the interinstitutional agreement between the european parliament , the council and the commission of xxx / yyy on cooperation in budgetary matters and on sound financial management , the financial reference amount for implementing this programme for the period set out in article 1 shall be eur 1 801 000 000 . the annual appropriations shall be authorised by the budgetary authority .


### material assets , cultural heritage and the landscape ### material assets , cultural and historical heritage and the landscape ;


### a new vehicle authorisation for placing on the market shall be required if any changes are made to the values of the parameters included in the vehicle authorisation already granted . ### it is required by the relevant tsis . during an upgrade or a renewal only the modification shall be in scope of this article .


### ‘ upgrading’ means any modification work on a subsystem or part of it which results in a change in the technical file accompanying the ' ec ' declaration of verification , if this technical file exists , and which improves the overall performance of the subsystem ; ### ) ‘ upgrading’ means any major modification work on a subsystem or part of it , or on a vehicle or part of it , which improves the overall performance of the subsystem ; each tsi specifies the ‘ major’ modifications for the subsystem or vehicle concerned ;


### at the request of the applicant , the vehicle authorisation for placing on the market may include a clear indication of the networks or lines or groups of networks or lines where the railway undertaking may place such a vehicle in service without further verifications , checks or tests concerning the technical compatibility between the vehicle and these networks or lines . in that case , the applicant shall include in its request the proof of the technical compatibility of the vehicle with the networks or lines concerned . ### the vehicle authorisation for placing on the market includes a clear indication of the networks or lines or groups of networks or lines where the railway undertaking may place such a vehicle in service without further verifications , checks or tests concerning the technical compatibility between the vehicle and these networks or lines . this indication may be extended to other networks or lines , at the request of the original or another applicant , after the relevant authorisation for placing on the market has been issued .


### this indication may be also added , at the request of the original or another applicant , after the relevant authorisation for placing on the market has been issued . ### this indication may be also extended to other networks or lines at the request of the original or another applicant , after the relevant authorisation for placing on the market has been issued .


### indicate the strategy for the application of the tsis . in particular , it is necessary to specify the stages to be completed in order to make a gradual transition from the existing situation to the final situation in which compliance with the tsis shall be the norm including setting deadlines for completion of those stages where necessary ; ### indicate the strategy for the application of the tsis . in particular , it is necessary to specify the stages to be completed in order to make a gradual transition from the existing situation to the final situation in which compliance with the tsis shall be the norm including setting deadlines for completion of those stages . the timetable fixing the stages shall be linked to an assessment analysing the estimated costs and benefits of its implementation and the expected repercussions on the operators and economic actors affected ;


### ‘ upgrading’ means any modification work on a subsystem or part of it which results in a change in the technical file accompanying the ‘ ec’ declaration of verification , if this technical file exists , and which improves the overall performance of the subsystem ; ### ' upgrading ' means any major modification work on a subsystem , a vehicle or part of it , and which improves the overall performance of the subsystem . each tsi shall specify ' major ' for the relevant subsystems or vehicle ;


### a vehicle shall be placed on the market only after having received the vehicle authorisation for placing on the market issued by the agency in accordance with paragraph 5 . ### a vehicle shall be placed in service only after having received the vehicle authorisation for placing in service issued by the agency in accordance with paragraph 5 .


### ‘ disabled person and person with reduced mobility’ shall include any person who has a permanent or temporary physical , mental , intellectual or sensory impairment which , in interaction with various barriers , may hinder their full and effective use of transport on an equal basis with other passengers or whose mobility when using transport is reduced due to age . ### ‘ person with disabilities and person with reduced mobility’ shall include any person who has a permanent or temporary physical , mental , intellectual or sensory impairment which , in interaction with various barriers , may hinder their full and effective use of transport on an equal basis with other passengers or whose mobility when using transport is reduced due to age .


### ‘ national rules’ means all binding rules containing railway safety or technical requirements imposed at member state level and applicable to railway undertakings , irrespective of the body issuing them ; ### ‘ national rules’ means all binding rules notified by a member state containing railway safety , operational or technical requirements imposed at member state level and applicable to railway actors , irrespective of the body issuing them . only notified national rules shall be mandatory .


### railway undertakings shall place in service a vehicle only after having checked , , in consultation with the infrastructure manager , the technical compatibility between the vehicle and the route and the safe integration of the vehicle into the system in which it is intended to operate , established on the basis of the relevant tsis , national rules , registers , and the common safety methods set out in article 6 of directive . ### railway undertakings shall place in service a vehicle only after having checked , using the information of the rinf , the technical compatibility and safe integration between the vehicle and the route of the vehicle into the system in which it is intended to operate , established on the basis of the relevant tsis , national rules , registers , and the common safety methods set out in article 6 of directive . in order to help the railway undertakings to check the technical compatibility and safe integration between the vehicle and the route , the infrastructure manager , on request , shall provide the railway undertakings with additional information related to the route characteristics .


### the commission shall establish , by means of implementing acts , the classification of the notified national rules in different groups with the aim of facilitating the compatibility checks between fixed and mobile equipment . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 48 . ### the commission shall establish , by means of implementing acts , the classification of the notified national rules in different groups with the aim of facilitating their mutual acceptance in different member states and the compatibility checks between fixed and mobile equipment . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 48 .


### ‘ acceptable means of compliance’ means non - binding opinions issued by the agency to define ways of establishing compliance with the essential requirements ; ### ‘ acceptable means of compliance’ means non - binding opinions issued by the agency to define ways of establishing compliance with the essential requirements , so as to offset temporarily shortcomings in a tsi until such time as that tsi has been amended ;


### the agency shall provide detailed guidance on how to obtain the authorisation to place vehicle types on the market . an application guidance document describing and explaining the requirements for the authorisation to place vehicle types on the market and listing the required documents shall be made available to applicants free of charge . the national safety authorities shall cooperate with the agency in disseminating such information . ### the agency shall provide detailed guidance on how to obtain the authorisation to place vehicle types in service . an application guidance document describing and explaining the requirements for the authorisation to place vehicle types in service and listing the required documents shall be made available to applicants free of charge . the national safety authorities shall cooperate with the agency in disseminating such information .


### the applicant may bring an appeal before the board of appeal designated under article 51 of regulation no … / … [ establishing a european railway agency ] against decisions of the agency or its failure to act within the time limits referred to in paragraph 5 . ### the applicant , any natural or legal person or a member of the network of representative bodies may bring an appeal before the board of appeal designated under article 51 of regulation no . . . / . . . [ establishing a european railway agency ] against any decisions of the agency or its failure to act within the time limits referred to in this article . 8 .


### ‘ authorised representative’ means any natural or legal person established within the union who has received a written mandate from a manufacturer to act on his behalf in relation to specified tasks ; ### ‘ authorised representative’ means any natural or legal person established within the union who has received a written mandate from a manufacturer or a contracting entity to act on his behalf in relation to specified tasks ;


### the vehicle authorisation for placing on the market may stipulate conditions for the use of the vehicle and other restrictions . ### the vehicle authorisation for placing in service shall stipulate conditions for the use of the vehicle and other restrictions .


### at the request of the applicant , the vehicle authorisation for placing on the market may include a clear indication of the networks or lines or groups of networks or lines where the railway undertaking may place such a vehicle in service without further verifications , checks or tests concerning the technical compatibility between the vehicle and these networks or lines . in that case , the applicant shall include in its request the proof of the technical compatibility of the vehicle with the networks or lines concerned . ### the vehicle authorisation for placing on the market shall include a clear indication of the networks or lines or groups of networks or lines where the railway undertaking may place such a vehicle in service without further verifications , checks or tests concerning the technical compatibility between the vehicle and these networks or lines . in that case , the applicant shall include in its request the proof of the technical compatibility of the vehicle with the networks or lines concerned .


### national vehicle registers ### european vehicle registers


### ‘ renewal’ means any substitution work on a subsystem or part of it which does not change the overall performance of the subsystem ; ### ' renewal ' means any significant substitution work on a subsystem , a vehicle or part of it which does not change the overall performance of the subsystem ; each tsi should be designated ' significant ' for the vehicle or subsystem concerned ;


### ‘ upgrading’ means any modification work on a subsystem or part of it which results in a change in the technical file accompanying the ‘ ec’ declaration of verification , if this technical file exists , and which improves the overall performance of the subsystem ; ### ‘ upgrading’ means any major modification work on a subsystem , a vehicle or part of it which results in a major change in the technical file accompanying the ‘ ec’ declaration of verification and which improves the overall performance of the subsystem . each tsi shall specify ' major ' modifications for the relevant subsystem or vehicle ;


### the agency shall provide detailed guidance on how to obtain the authorisation to place vehicle types on the market . an application guidance document describing and explaining the requirements for the authorisation to place vehicle types on the market and listing the required documents shall be made available to applicants free of charge . the national safety authorities shall cooperate with the agency in disseminating such information . ### the agency shall provide detailed guidance on how to obtain the authorisation to place vehicle types on the market . the agency shall give priority to authorisations for low - deck vehicles which can travel on a network with a low loading gauge and vehicles which can travel on a high proportion of the freight corridors established in the regulation concerning a european rail network for competitive freight1 . it shall also create a special reduced - charge scheme for authorisations for these vehicle types . an application guidance document describing and explaining the requirements for the authorisation to place vehicle types on the market and listing the required documents shall be made available to applicants free of charge . the national safety authorities shall cooperate with the agency in disseminating such information . __________________ 1 regulation no 913 / 2010 of the european parliament and of the council of 22 september 2010 concerning a european rail network for competitive freight as amended by regulation xx / 2013 establishing the connecting europe facility


### ‘ renewal’ means any substitution work on a subsystem or part of it which does not change the overall performance of the subsystem ; ### ‘ renewal’ means any major substitution work on a subsystem or vehicle or part thereof which does not change the overall performance of the subsystem or vehicle ; each tsi specifies the ‘ major’ renewals for the subsystem or vehicle concerned ;


### a new vehicle authorisation for placing on the market shall be required if any changes are made to the values of the parameters included in the vehicle authorisation already granted . ### it is required by the relevant tsis . during an upgrade or a renewal only the modification shall be in scope of this article .


### tsis also have an impact on the conditions of use of rail transport by users , and it is therefore necessary to consult these users on aspects concerning them . ### tsis also have an impact on the conditions of use of rail transport by users , and it is therefore necessary to consult these users on aspects concerning them , including organisations of persons with disabilities .


### the agency shall issue decisions granting vehicle authorisations for placing on the market . those authorisations attest the values of the parameters relevant for checking the technical compatibility between the vehicle and the fixed installations as set out in the tsis . the vehicle authorisation for placing on the market shall also provide information about the vehicle’s compliance with the relevant tsis and sets of national rules , related to these parameters . ### the agency shall issue decisions granting vehicle authorisations for placing in service . those authorisations attest the values of the parameters relevant for checking the technical compatibility between the vehicle and the fixed installations as set out in the tsis , and the national rules for networks or lines and groups of networks or lines selected pursuant to paragraph 9 . the vehicle authorisation for placing in service shall also provide information about the vehicle’s compliance with the relevant tsis and sets of national rules for networks or lines and groups of networks or lines selected pursuant to paragraph 9 , related to these parameters .


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


### the agency may issue vehicle authorisation for placing on the market for a series of vehicles . those authorisations shall be valid in all member states . ### the agency may issue vehicle authorisation for placing in service for a series of vehicles . any negative or restrictive decision made by the agency shall be duly justified . those authorisations shall be recognised in all member states .


### ‘ interoperability’ means the ability of a rail system to allow the safe and uninterrupted movement of trains which accomplish the required levels of performance for these lines . ### ‘ interoperability’ means the ability of a rail system to allow the safe and uninterrupted movement of trains which accomplish the required levels of performance for these lines . this capacity depends on all regulatory , technical and operational conditions that need to be applied in order to meet essential requirements .


### at the request of the applicant , the vehicle authorisation for placing on the market may include a clear indication of the networks or lines or groups of networks or lines where the railway undertaking may place such a vehicle in service without further verifications , checks or tests concerning the technical compatibility between the vehicle and these networks or lines . in that case , the applicant shall include in its request the proof of the technical compatibility of the vehicle with the networks or lines concerned . ### the applicant shall include , in its application , evidence of the vehicle’s technical compliance with the networks , lines or groups of networks and lines to which the application relates . authorisation for placing in service shall include a clear indication of the networks or lines or groups of networks or lines where the vehicle may travel without further verifications , checks or tests concerning the technical compatibility between the vehicle and these networks or lines . in that case , the applicant shall include in its request the proof of the technical compatibility of the vehicle with the networks or lines .


### ' &#160 ; union rail system ' means the elements&#160 ; listed in annex&#160 ; i ; ### ' union rail system ' means the elements of the conventional and high - speed rail systems listed in points 1 and 2 of annex i ;


### if a member state intends to introduce a new national rule , it shall notify the draft to the agency and the commission through the appropriate it system in accordance with article 23 of regulation no … / … [ agency regulation ] . ### if a member state intends to introduce a new national rule , it shall submit the draft to the agency for consideration , giving the reason for the introduction , in accordance with article 21 of regulation no . . . / . . . [ agency regulation ] , through the appropriate it system in accordance with article 23 of regulation no … / … [ agency regulation ] . the agency shall have two months in which to consider the draft rule and approve or reject it . only in the case of emergency preventive measures , member states may adopt and apply a new rule immediately and that rule shall be valid for two months . if such a rule affects several member states , the agency , working in cooperation with the national safety authorities , shall harmonise the rule at eu level .


### placing in service of vehicles ### use of vehicles


### ' &#160 ; union rail system ' means the elements&#160 ; listed in annex&#160 ; i ; ### ' union rail system ' means the elements of the conventional and high - speed trans - european rail systems listed in points 1 and 2 respectively of annex i ;


### subsystems shall comply with the tsis in force at the time of their placing in service , upgrading or renewal , in accordance with this directive ; this compliance shall be permanently maintained while each subsystem is in use . ### fixed subsystems shall comply with the tsis in force at the time of first appointment of a notified body and at the latest at the time of granting of building permits ; vehicles shall be in compliance with the tsis and national rules in force at the time of first appointment of a notified body . this compliance shall be permanently maintained while each subsystem is in use .


### the characteristics of the rolling stock must be such as to allow it to travel on any line on which it is expected to operate , taking account of relevant climatic conditions . ### the characteristics of the rolling stock must be such as to allow it to travel on any line on which it is expected to operate , taking account of relevant climatic conditions . this shall include the entirely safe integration of the vehicle into the subsystem with the infrastructure .


### public procurement plays a key role in the europe 2020 strategy as one of the market - based instruments to be used to achieve a smart , sustainable and inclusive growth while ensuring the most efficient use of public funds . for that purpose , the current public procurement rules adopted pursuant to directive 2004 / 17 / ec of the european parliament and of the council of 31 march 2004 coordinating the procurement procedures of entities operating in the water , energy , transport and postal services sectors and directive 2004 / 18 / ec of the european parliament and of the council of 31 march 2004 on the coordination of procedures for the award of public works contracts , public supply contracts and public service contracts have to be revised and modernised in order to increase the efficiency of public spending , facilitating in particular the participation of small and medium - sized enterprises in public procurement and to enable procurers to make better use of public procurement in support of common societal goals . there is also a need to clarify basic notions and concepts to ensure better legal certainty and to incorporate certain aspects of related well - established case - law of the court of justice of the european union . ### public procurement plays a key role in the europe 2020 strategy as one of the market - based instruments to be used to achieve a smart , sustainable and inclusive growth while ensuring the most efficient use of public funds . for that purpose , the current public procurement rules adopted pursuant to directive 2004 / 17 / ec of the european parliament and of the council of 31 march 2004 coordinating the procurement procedures of entities operating in the water , energy , transport and postal services sectors and directive 2004 / 18 / ec of the european parliament and of the council of 31 march 2004 on the coordination of procedures for the award of public works contracts , public supply contracts and public service contracts have to be revised and modernised in order to enable public procurers to make better use of public procurement in support of sustainable development and other common societal goals , thereby increasing the efficiency of public spending , ensuring the best possible outcome in cost - benefit ratio terms and facilitating in particular the participation of small and medium - sized enterprises in public procurement . there is also a need to simplify eu rules on public procurement , particularly with regard to the method used to achieve the sustainability objectives which should be included in public procurement policy , and to clarify basic notions and concepts to ensure better legal certainty and to incorporate certain aspects of related well - established case - law of the court of justice of the european union .


### the price or cost charged is more than 20 % lower than the price or costs of the second lowest tender ; ### the price or cost charged is more than 10 % lower than the price or costs of the second lowest tender ;


### the explanations referred to in paragraphs 1 and 2 may in particular relate to : ### the explanations referred to in paragraphs 1 and 2 should in particular relate to :


### contracting entities may decide not to award a contract to the tenderer submitting the best tender where they have established that the tender does not comply , at least in an equivalent manner , with obligations established by union legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in annex xiv . ### contracting entities shall not award a contract to the tenderer submitting the best tender where they have established that the tender does not comply with obligations in the field of social and labour law or environmental law established by union or national legislation or collective agreements which apply in the place where the work , service or supply is performed , or by the international social and environmental law provisions listed in annex xiv or with obligations in the field of intellectual property law .


### the notices referred to in paragraphs 1 and 2 shall contain the information referred to in annex xviii in accordance with the standard model notices . the commission shall establish the standard forms . those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 100 . ### the notices referred to in paragraph 2 shall contain the information referred to in annex xviii in accordance with the standard model notices .


### contracting entities shall document the progress of all procurement procedures , whether or not the procedures are conducted by electronic means . to that end , they shall document all stages in the procurement procedure , including all communications with economic operators and internal deliberations , preparation of the tenders , dialogue or negotiation if any , selection and award of the contract . ### contracting entities shall document the progress of all procurement procedures , whether or not the procedures are conducted by electronic means . to that end , they shall document all stages in the procurement procedure , including all communications with economic operators and internal deliberations , preparation of the tenders , dialogue or negotiation if any , selection and award of the contract , the name of the successful tenderer and the reasons for choosing its tender and - if known - the proportion of the contract or of the framework agreement which the successful tenderer plans to subcontract , and information concerning the subcontractors , including their names , addresses and legal representatives .


### in the procurement documents , the contracting entity may ask or may be required by a member state to ask the tenderer to indicate in its tender any share of the contract it may intend to subcontract to third parties and any proposed subcontractors . ### in the procurement documents , the contracting entity shall ask the tenderer to indicate in its tender any share of the contract it may intend to subcontract to third parties and any proposed subcontractors .


### in the procurement documents , the contracting entity may ask , or may be required by a member state to ask , the tenderer to indicate in its tender any share of the contract it may intend to subcontract to third parties and any proposed subcontractors . ### in the procurement documents , the tenderer shall indicate to the contracting authority , in its tender , any share of the contract it may intend to subcontract to third parties and any proposed subcontractors .


### member states shall ensure that contracting entities may take into account the need to ensure quality , continuity , accessibility , availability and comprehensiveness of the services , the specific needs of different categories of users , the involvement and empowerment of users and innovation . member states may also provide that the choice of the service provider shall not be made solely on the basis of the price for the provision of the service . ### member states shall ensure that contracting entities may take into account the need to ensure a high level of quality , safety , continuity , accessibility , affordability , availability and comprehensiveness of the services , the specific needs of different categories of users , including disadvantaged and vulnerable groups , the necessity to promote the participation of smes , the involvement and empowerment of users and innovation . member states may also provide that the choice of the service provider shall not be made solely on the basis of the price for the provision of the service .


### furthermore , in technical specifications and in award criteria , contracting entities should be allowed to refer to a specific production process , a specific mode of provision of services , or a specific process for any other stage of the life - cycle of a product or service , provided that they are linked to the subject - matter of the contract . in order to better integrate social considerations in public procurement , procurers may also be allowed to include , in the award criterion of the most economically advantageous tender characteristics related to the working conditions of the persons directly participating in the process of production or provision in question . those characteristics may only concern the protection of health of the staff involved in the production process or the favouring of social integration of disadvantaged persons or members of vulnerable groups amongst the persons assigned to performing the contract , including accessibility for persons with disabilities . any award criteria which include those characteristics should in any event remain limited to characteristics that have immediate consequences on staff members in their working environment . they should be applied in accordance with directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services and in a way that does not discriminate directly or indirectly against economic operators from other member states or from third countries parties to the agreement or to free trade agreements to which the union is party . ### furthermore , in technical specifications and in award criteria , contracting entities should be allowed to refer to life - cycle characteristics and a socially - sustainable production process , provided that these characteristics or this process are linked to the subject - matter of the contract . the technical specifications and award criteria should be understood in a broad sense . they should therefore make reference to the life - cycle and socially - sustainable production process , including the social and environmental aspects of the production process or the provision of products or services . the contracting authorities may also use the technical specifications or award criteria in order to minimise the detrimental social or environmental impact or maximise the positive social or environmental impact . in order to better integrate social considerations in public procurement , procurers should also be allowed to include , in the technical specifications and the award criteria , characteristics related to the working conditions of the persons directly participating in the process of production or provision in question . they should be applied in the framework of the provision of services and in a way that does not discriminate directly or indirectly against economic operators from other member states or from third countries parties to the agreement or to free trade agreements to which the union is party .


### texte proposé par la commission telephone in the cases and circumstances referred to in paragraph 6 ; ### amendement deleted


### without prejudice to national laws , regulations or administrative provisions on the remuneration of certain services , the criteria on which contracting entities shall base the award of contracts shall be one of the following : the most economically advantageous tender ; the lowest cost . ### without prejudice to national laws , regulations or administrative provisions on the remuneration of certain services , the criteria on which contracting entities shall base the award of contracts shall be the most economically advantageous tender .


### where tenders appear to be abnormally low for other reasons , contracting entities may also request such explanations . ### where tenders appear to be abnormally low for other reasons , contracting entities shall also be required to request such explanations .


### paragraph 1 also applies where a controlled entity which is a contracting authority awards a contract to its controlling entity , or to another legal person controlled by the same contracting authority , provided that there is no private participation in the legal person being awarded the public contract . ### paragraph 1 also applies where a controlled entity which is a contracting authority awards a contract to its controlling entity or entities , or to another legal person controlled by the same contracting authority , provided that there is no private participation in the legal person being awarded the public contract .