### in case of disembarkation in a third country , the participating units shall identify the intercepted or rescued persons and assess their personal circumstances to the extent possible before disembarkation . they shall inform the intercepted or rescued persons of the place of disembarkation in an appropriate way and they shall give them an opportunity to express any reasons for believing that disembarkation in the proposed place would be in violation of the principle of non - refoulement . ### if disembarkation in a third country is considered , the participating units shall identify the intercepted or rescued persons and assess their personal circumstances , including their medical conditions and other circumstances that might make them vulnerable , before a decision is made . they shall inform the intercepted or rescued persons of the place of disembarkation in a language which those persons understand or may reasonably be presumed to understand and they shall give them an opportunity to express any reasons for believing that disembarkation in the proposed place would be in violation of the principle of non - refoulement .


### on the high seas , the participating units shall take one or more of the following measures when there are reasonable grounds to suspect that a ship is engaged in the smuggling of migrants by sea subject to the authorisation of the flag state in accordance with the protocol against the smuggling of migrants : ### on the high seas , the participating units and , as required , representatives of the consultative forum , shall take one or more of the following measures when there are reasonable grounds to suspect that a ship is engaged in the smuggling of migrants by sea subject to the authorisation of the flag state in accordance with the protocol against the smuggling of migrants :


### before deciding on disembarkation in a third country , the participating units shall take into account the general situation in that third country and intercepted or rescued persons shall not be disembarked in that third country when the host member state or the participating member states are aware or ought to be aware that this third country is engaged in practices as described in paragraph 1 . ### before and while a sea operation is taking place , the host member state and the participating member states shall examine the general situation in the neighbouring third countries . intercepted or rescued persons shall not be disembarked in a third country when the host member state or the participating member states are aware or ought to be aware that this third country is engaged in practices as described in paragraph 1 . those member states shall provide that information to the participating units . for that purpose , they may use the information prepared by the european asylum support office , the agency and the united nations high commissioner for refugees .


### the possible existence of an arrangement between a member state and a third country cannot absolve member states from those obligations whenever they are aware or ought to be aware that systemic deficiencies in the asylum procedure and in the reception conditions of asylum seekers in that third country amount to substantial grounds for believing that the asylum seeker would face a real risk of being subjected to inhuman or degrading treatment or where they are aware or ought to be aware that this third country is engaged in practices in contravention of the principle of non - refoulement . ### the possible existence of an arrangement between a member state and a third country cannot absolve member states from their obligations under international and union law , in particular as regards compliance with the principle of non - refoulement , whenever they are aware or ought to be aware that deficiencies in the asylum procedure and in the reception conditions of asylum seekers in that third country do not make it possible to conduct an individual , fair and effective assessment or where they are aware or ought to be aware that this third country is engaged in practices in contravention of the principle of non - refoulement . units deployed by member states or the agency must also be guided by the provisions of union law and international law in instances where operations take place in the territorial waters of third countries and those countries apply other rules .


### making persons on board aware that they may not be authorised to cross the border and that persons directing the craft may face penalties for facilitating the voyage ; ### making persons on board aware that they may not be authorised to cross the border and that persons directing the ship may face penalties for facilitating the voyage ;


### in accordance with regulation no 562 / 2006 of the european parliament and of the council of 15 march 2006 establishing a community code on the rules governing the movement of persons across borders and general principles of union law , any measure taken in the course of a surveillance operation should be proportionate to the objectives pursued , non - discriminatory and it should fully respect human dignity , fundamental rights and the rights of refugees and asylum seekers , including the principle of non - refoulement . member states and the agency are bound by the provisions of the asylum acquis , and in particular of council directive 2005 / 85 / ec of 1 december 2005 on minimum standards on procedures in member states for granting and withdrawing refugee status with regard to applications for asylum made in the territory , including at the border or in the transit zones of member states . ### in accordance with regulation no 562 / 2006 of the european parliament and of the council of 15 march 2006 establishing a community code on the rules governing the movement of persons across borders and general principles of union law , any measure taken in the course of a surveillance operation should be proportionate to the objectives pursued , non - discriminatory and it should fully respect human dignity , fundamental rights , the rights of refugees and asylum seekers and the principle of non - refoulement . member states and the agency are bound by the provisions of the asylum acquis , and in particular of directive 2013 / 32 / eu of the european parliament and of the council1 with regard to applications for international protection made in the territory , including at the border , in the territorial waters or in the transit zones of member states . _________________ 1 directive 2013 / 32 / eu of the european parliament and of the council of 26 june 2013 on common procedures for granting and withdrawing international protection .


### during a border surveillance operation at sea , a situation may occur where it will be necessary to render assistance to persons found in distress . in accordance with international law , every state must require the master of a ship flying its flag , in so far as he can do so without serious danger to the ship , the crew or the passengers , to render assistance to any person found at sea in danger of being lost and to proceed with all possible speed to the rescue of persons in distress . such assistance should be provided regardless of the nationality or status of the persons to be assisted or of the circumstances in which they are found . ### when conducting a border surveillance operation at sea , a situation may occur where it will be necessary to render assistance to persons found in distress . in accordance with international law , every state must require the master of a ship flying its flag , in so far as he can do so without serious danger to the ship , the crew or the passengers , to render assistance to any person found at sea in danger of being lost and to proceed with all possible speed to the rescue of persons in distress . such assistance must be provided regardless of the nationality or status of the persons to be assisted or of the circumstances in which they are found .


### measures taken for the purpose of a sea operation shall be conducted in a way that does not put at risk the safety of the persons intercepted or rescued and the safety of the participating units . ### measures taken for the purpose of a sea operation shall be conducted in a way that , in all instances , ensures the safety of the persons intercepted or rescued and the safety of the participating units , including safe onward passage .


### participating units shall promptly communicate their assessment of the situation to the responsible rescue coordination centre . while awaiting instructions from the rescue coordination centre , participating units shall take all the appropriate measures to ensure the safety of the persons concerned . ### participating units shall promptly communicate their assessment of the situation to the responsible rescue coordination centre . while awaiting instructions from the rescue coordination centre , participating units shall take all the appropriate measures to ensure the safety and respect of human rights of the persons concerned .


### the number of passengers in relation to the type and condition of the ship ; ### the number of persons on board in relation to the type and condition of the ship ;


### participating units shall promptly communicate their assessment of the situation to the responsible rescue coordination centre . while awaiting instructions from the rescue coordination centre , participating units shall take all the appropriate measures to ensure the safety of the persons concerned . ### participating units shall promptly take all appropriate measures to ensure the safety and care of the persons concerned , communicate their assessment of the situation to the rescue coordination centre responsible , and await the rescue coordination centre ' s instructions .


### the existence of a distress situation shall not be exclusively dependent on or determined by an actual request for assistance . where , despite a ship being perceived to be in a distress situation , the persons on board refuse to accept assistance , the participating unit shall inform the rescue coordination centre and continue to fulfil a duty of care by surveying the ship at a prudent distance and by taking any measure necessary for the safety of the persons concerned , while avoiding to take any action that might aggravate the situation or increase the chances of injury or loss of life . ### the existence of a distress situation shall not be dependent on or determined by an actual request for assistance . where , despite a ship being perceived to be in a distress situation , the persons on board refuse to accept assistance , the participating unit shall inform the rescue coordination centre and continue to fulfil a duty of care by surveying the ship at a prudent distance and by taking any measure necessary for the safety of the persons concerned , while avoiding to take any action that might aggravate the situation or increase the chances of injury or loss of life .


### the participating units shall communicate information about any ship suspected of being engaged in illegal activities at sea outside the scope of a sea operation to the international coordination centre , which shall convey this information to the national coordination centre of the member state or member states concerned . ### the participating units shall communicate information about any ship suspected of being engaged in illegal activities at sea , which are outside the scope of the sea operation , to the international coordination centre , which shall convey this information to the national coordination centre of the member state or member states concerned .


### in accordance with regulation no 562 / 2006 of the european parliament and of the council of 15 march 2006 establishing a community code on the rules governing the movement of persons across borders 14 and general principles of union law , any measure taken in the course of a surveillance operation should be proportionate to the objectives pursued , non - discriminatory and it should fully respect human dignity , fundamental rights and the rights of refugees and asylum seekers , including the principle of non - refoulement . member states and the agency are bound by the provisions of the asylum acquis , and in particular of council directive 2005 / 85 / ec of 1 december 2005 on minimum standards on procedures in member states for granting and withdrawing refugee status15 with regard to applications for asylum made in the territory , including at the border or in the transit zones of member states . __________________ 14 oj l 105 , 13 . 4 . 2006 , p . 1 . 15 oj l 326 , 13 . 12 . 2005 , p . 13 . ### in accordance with regulation no 562 / 2006 of the european parliament and of the council of 15 march 2006 establishing a community code on the rules governing the movement of persons across borders 14 and general principles of union law , any measure taken in the course of a surveillance operation should be proportionate to the objectives pursued , non - discriminatory and it should fully respect human dignity , fundamental rights , the rights of refugees and asylum seekers and the principle of non - refoulement . member states and the agency are bound by the provisions of asylum law , and in particular of directive 2013 / 32 / eu of the european parliament and of the council with regard to applications for international protection made in the territory , including at the border , in the territorial waters or in the transit zones of member states or on the high seas . __________________ 14 oj l 105 , 13 . 4 . 2006 , p . 1 .


### making persons on board aware that they may not be authorised to cross the border and that persons directing the craft may face penalties for facilitating the voyage ; ### making persons on board aware as to why they may not be authorised to cross the border and that persons directing the ship may face penalties for facilitating the voyage ;


### ' data subject ' means an identified natural person or a natural person who can be identified , directly or indirectly , by means reasonably likely to be used by the controller or by any other natural or legal person , in particular by reference to an identification number , location data , online identifiers or to one or more factors specific to the physical , physiological , genetic , mental , economic , cultural or social identity of that person ; ### ' data subject ' means an identified natural person or a natural person who can be identified or singled out , directly or indirectly , by means reasonably likely to be used by the controller or by any other natural or legal person , in particular by reference to an identification number or other unique identifier , location data , online identifier or to one or more factors specific to the gender , physical , physiological , genetic , mental , economic , cultural or social identity or sexual orientation of that person ;


### processed fairly and lawfully ; ### processed fairly and lawfully and in a transparent manner in relation to the data subject ;


### adequate , relevant , and not excessive in relation to the purposes for which they are processed ; ### adequate , relevant , and limited to the minimum necessary in relation to the purposes for which they are processed ; they shall only be processed where anonymous processing is not sufficient for the respective purpose ;


### member states shall provide that the controller informs the data subject in writing of any refusal of erasure or marking of the processing , the reasons for the refusal and the possibilities of lodging a complaint to the supervisory authority and seeking a judicial remedy . ### where processing of personal data is restricted pursuant to paragraph 3 , the controller shall inform the data subject before lifting the restriction .


### member states may adopt legislative measures restricting , wholly or partly , the data subject ' s right of access to the extent that such partial or complete restriction constitutes a necessary and proportionate measure in a democratic society with due regard for the legitimate interests of the person concerned : ### member states may adopt legislative measures restricting , wholly or partly , the data subject ' s right of access to the extent and for the period that such partial or complete restriction constitutes a necessary and proportionate measure in a democratic society with due regard for the legitimate interests of the person concerned , based on a concrete and individual examination of each specific case :


### 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 , 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 , plays a key role in the europe 2020 strategy and in fulfilling the objective of sustainable development stated in the treaty of lisbon . 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 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 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 . contracting authorities are encouraged to set demands that are stricter or go further than current eu - legislation in specific areas , in order to reach these common objectives . 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 .


### contracting authorities that wish to purchase works , supplies or services with specific environmental , social or other characteristics should be able to refer to particular labels , such as the european eco - label , national eco - labels or any other label provided that the requirements for the label are linked to the subject - matter of the contract , such as the description of the product and its presentation , including packaging requirements . it is furthermore essential that these requirements are drawn up and adopted on the basis of objectively verifiable criteria , using a procedure in which stakeholders , such as government bodies , consumers , manufacturers , distributors and environmental organisations , can participate , and that the label is accessible and available to all interested parties . ### contracting authorities that wish to purchase works , supplies or services with specific environmental , social , animal welfare or other characteristics should be able to refer to particular labels , such as the european eco - label , national eco - labels or any other label provided that the requirements for the label are linked to the subject - matter of the contract , such as the description of the product and its presentation , including packaging requirements . it is furthermore essential that these requirements are drawn up and adopted on the basis of objectively verifiable criteria , using a procedure in which stakeholders , such as government bodies , consumers , manufacturers , distributors and environmental organisations , can participate , and that the label is accessible and available to all interested parties .


### furthermore , in technical specifications and in award criteria , contracting authorities 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 public 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 . for service contracts and for contracts involving the design of works , contracting authorities should also be allowed to use as an award criterion the organisation , qualification and experience of the staff assigned to performing the contract in question , as this may affect the quality of contract performance and , as a result , the economic value of the tender . ### contracting authorities should be allowed to refer to life cycle characteristics in technical specifications and award criteria , provided that they are linked to the subject - matter of the public contract . contracting authorities can use technical specifications or award criteria to set out functional or performance requirements aimed at minimising undesirable environmental or social impacts and / or maximising positive environmental or social impacts arising from the production or other phases of the life - cycle of the procured supplies , services or works . life cycle characteristics may incorporate the employment conditions 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 as well as impacts of production processes on adjacent communities


### contract performance conditions are compatible with this directive provided that they are not directly or indirectly discriminatory , are linked to the subject - matter of the contract and are indicated in the contract notice , the prior information notice used as a means of calling for competition or the procurement documents . they may , in particular , be intended to favour on - site vocational training , the employment of people experiencing particular difficulty in achieving integration , the fight against unemployment , protection of the environment or animal welfare . for instance , mention may be made , amongst other things , of the requirements – applicable during performance of the contract – to recruit long - term job - seekers or to implement training measures for the unemployed or young persons , to comply in substance with fundamental international labour organisation conventions , even where such conventions have not been implemented in national law , and to recruit more disadvantaged persons than are required under national legislation . ### contract performance conditions are compatible with this directive provided that they are not directly or indirectly discriminatory , are linked to the subject - matter of the contract and are indicated in the contract notice , the prior information notice used as a means of calling for competition or the procurement documents . they may , in particular , be intended to favour on - site vocational training , the employment of people experiencing particular difficulty in achieving integration , the fight against unemployment , protection of the environment , protection of public health or animal welfare . for instance , mention may be made , amongst other things , of the requirements – applicable during performance of the contract – to recruit long - term job - seekers or to implement training measures for the unemployed or young persons , to comply in substance with fundamental international labour organisation conventions , even where such conventions have not been implemented in national law , and to recruit more disadvantaged persons than are required under national legislation .


### contract performance conditions are compatible with this directive provided that they are not directly or indirectly discriminatory , are linked to the subject - matter of the contract and are indicated in the contract notice , the prior information notice used as a means of calling for competition or the procurement documents . they may , in particular , be intended to favour on - site vocational training , the employment of people experiencing particular difficulty in achieving integration , the fight against unemployment , protection of the environment or animal welfare . for instance , mention may be made , amongst other things , of the requirements — applicable during performance of the contract — to recruit long - term job - seekers or to implement training measures for the unemployed or young persons , to comply in substance with fundamental international labour organisation conventions , even where such conventions have not been implemented in national law , and to recruit more disadvantaged persons than are required under national legislation . ### contract performance conditions are compatible with this directive provided that they are not directly or indirectly discriminatory , are linked to the subject - matter of the contract and are indicated in the contract notice , the prior information notice used as a means of calling for competition or the procurement documents . they may , in particular , be intended to favour on - site vocational training , the employment of people experiencing particular difficulty in achieving integration , the fight against unemployment , protection of the environment or animal welfare . for instance , mention may be made , amongst other things , of the requirements – applicable during performance of the contract – to recruit long - term job - seekers or to implement training measures for the unemployed or young persons , to comply in substance with fundamental international labour organisation conventions , in particular ilo convention 94 , even where such conventions have not been implemented in national law , and to recruit more disadvantaged persons than are required under national legislation .


### procurement within the meaning of this directive is the purchase or other forms of acquisition of works , supplies or services by one or more contracting authorities from economic operators chosen by those contracting authorities , whether or not the works , supplies or services are intended for a public purpose . ### procurement within the meaning of this directive is the purchase of works , supplies or services via public contracts by one or more contracting authorities from economic operators chosen by those contracting authorities .


### the technical specifications as defined in point 1 of annex viii shall be set out in the procurement documents . they shall define the characteristics required of a works , service or supply . ### the technical specifications shall be set out in the procurement documents . they shall define the characteristics required of a works , service or supply in order to achieve both use and sustainability objectives of the contracting authority .


### labels ### labels and certificates of a third party verified standard


### the requirements for the label are drawn up on the basis of scientific information or based on other objectively verifiable and non - discriminatory criteria ; ### the requirements for the label and / or the certificate of a third party verified standard are drawn up on the basis of scientific information or based on other objectively verifiable and non - discriminatory criteria and data ;


### the labels are established in an open and transparent procedure in which all stakeholders , including government bodies , consumers , manufacturers , distributors and environmental organisations , may participate , ### the labels and / or certificates of a third party verified standard are established in an open and transparent procedure in which all stakeholders , including government bodies , consumers , manufacturers , distributors and environmental organisations , may participate ,


### the labels are accessible to all interested parties ; ### the labels and / or certificates of a third party verified standard are accessible to all interested parties ;


### the criteria of the label are set by a third party which is independent from the economic operator applying for the label . ### the criteria of the label and / or certificate of a third party verified standard are set by a third party which is independent from the economic operator applying for the label . the third party may be a specific national or governmental body or organisation .


### any candidate or tenderer that is in one of the situations referred to in paragraphs 1 , 2 and 3 may provide the contracting authority with evidence demonstrating its reliability despite the existence of the relevant ground for exclusion . ### if any candidate or tenderer that is in one of the situations referred to in paragraphs 1 , 2 and 3 provides the contracting authority with evidence demonstrating its reliability despite the existence of the relevant ground for exclusion , the contracting authority may reconsider the exclusion of the tender .


### with regard to technical and professional ability , contracting authorities may require that economic operators possess the necessary human and technical resources and experience to perform the contract to an appropriate quality standard . contracting authorities may conclude that economic operators will not perform the contract to an appropriate quality standard where the contracting authority established that they have conflicting interests which may negatively affect the performance of the contract . ### with regard to technical and professional ability , contracting authorities may require that economic operators possess or have made provisions to access or acquire the necessary human and technical resources and experience to ensure the performance of the contract to an appropriate quality standard and , where so requested by the contracting authority , in accordance with any contract performance clause specified in accordance with article 70 . contracting authorities may conclude that economic operators will not ensure the required performance where the contracting authority established that they have conflicting interests which may negatively affect the performance of the contract .


### proof of the economic operator ' s economic and financial standing may , as a general rule , be provided by one or more of the references listed in annex xiv , part 1 . ### proof of the economic operator ' s economic and financial standing as well as compliance with rules and standards in the field of health and safety , social and labour law defined by union and national legislation and by collective agreements which apply in the place where the work , service or supply is performed , may , as a general rule , be provided by one or more of the references listed in annex xiv .


### quality assurance standards and environmental management standards ### quality assurance standards , and environmental and animal welfare management standards


### upon request , member states shall make available to other member states , in accordance with article 88 , any information relating to the documents produced as evidence of compliance with quality and environmental standards referred to in paragraphs 1 and 2 of this article . ### upon request , member states shall make available to other member states , in accordance with article 88 , any information relating to the documents produced as evidence of compliance with quality and environmental and animal welfare standards referred to in paragraphs 1 and 2 of this article .


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


### for service contracts and contracts involving the design of works , the organisation , qualification and experience of the staff assigned to performing the contract in question may be taken into consideration , with the consequence that , following the award of the contract , such staff may only be replaced with the consent of the contracting authority , which must verify that replacements ensure equivalent organisation and quality ; ### for service contracts and contracts involving the design of works , the organisation , qualification and experience of the staff assigned to performing the contract in question as well as the capacities , abilities and professional conduct of any subcontractor may be taken into consideration , with the consequence that , following the award of the contract , such staff may only be replaced and further subcontracting will only be permitted with the consent of the contracting authority , which must verify that replacements or further subcontracting ensure equivalent organisation and quality ;


### member states may provide that the award of certain types of contracts shall be based on the most economically advantageous tender as referred to in point of paragraph 1 and in paragraph 2 . ### member states may provide that the award of certain types of contracts shall be based on the most economically , socially and environmentally advantageous tender as referred to in point of paragraph 1 and in paragraph 2 .


### in the case referred to in point of paragraph 1 the contracting authority shall specify , in the contract notice , in the invitation to confirm interest , in the procurement documents or , in the case of a competitive dialogue , in the descriptive document , the relative weighting which it gives to each of the criteria chosen to determine the most economically advantageous tender . ### in the case referred to in point of paragraph 1 the contracting authority shall specify , in the contract notice , in the invitation to confirm interest , in the procurement documents or , in the case of a competitive dialogue , in the descriptive document , the relative weighting which it gives to each of the criteria chosen to determine the most economically , socially and environmentally advantageous tender .


### contracting authorities shall reject the tender , where they have established that the tender is abnormally low because it does not comply with obligations established by union legislation in the field of social and labour law or environmental law or by the international social and environmental law provisions listed in annex xi . ### contracting authorities shall reject the tender , where they have established that the tender is abnormally low because it does not comply with obligations established by union legislation in the field of social and labour law , environmental law or public health law or by the international social and environmental law provisions listed in annex xi .


### contracting authorities shall reject the tender , where they have established that the tender is abnormally low because it does not comply with obligations established by union legislation in the field of social and labour law or environmental law or by the international social and environmental law provisions listed in annex xi . ### contracting authorities shall reject the tender , where they have established that the tender is abnormally low because it does not comply with obligations established by union legislation or national laws , regulations and other binding provisions in the field of social and labour law or environmental law or by the international social and environmental law provisions listed in annex xi .


### paragraphs 1 and 2 shall be without prejudice to the question of the principal economic operator ' s liability . ### paragraphs 1 and 2 shall be without prejudice to the question of the principal economic operator ' s liability . a system of joint and several liability shall stipulate that the whole subcontracting chain is jointly held liable as regards respect of fundamental rights , environmental , health and safety , social and labour rules , 40 , 54 , 55 and 56 ) .


### the measures provided in this directive reflect a temporary difficulty faced by the manufacturing sector . they should therefore be restricted to the transition from stage iii a to stage iii b and expire by 31 december 2013 at the latest . ### the measures provided for represent a temporary exemption for the manufacturing sector , resulting in no permanent adaptation . they should therefore be restricted to the transition from stage iii a to stage iii b and expire by 31 december 2013 at the latest .


### 1 . with the exception of the transition period between stage iii a and stage iii b , an oem that wishes to make use of the flexibility scheme shall request permission from any approval authority to purchase from his engine suppliers , the quantities of engines described in sections 1 . 1 . 1 . and 1 . 1 . 2 . , that do not comply with the current emission limit values , but are approved to the nearest previous stage of emission limits . ### 1 . with the exception of the transition period between stage iii a and stage iii b , an oem that wishes to make use of the flexibility scheme shall request , and receive without unnecessary delay , permission from any approval authority to purchase from his engine suppliers , the quantities of engines described in sections 1 . 1 . 1 . and 1 . 1 . 2 . , that do not comply with the current emission limit values , but are approved to the nearest previous stage of emission limits .


### 7 . the oem shall provide any requesting type approval authority in the member states , with any information that the type approval authority requires in order to confirm that any engines claimed to be , or labelled as being , placed on the market under a flexibility scheme is properly so claimed or labelled . ### 7 . the oem shall provide any requesting type approval authority in the member states , with any information that the type approval authority requires in order to verify and confirm that any engines claimed to be , or labelled as being , placed on the market under a flexibility scheme is properly so claimed or labelled .


### to allow for the effective implementation of the provisions adopted pursuant to this directive , a body responsible for coordinating nis issues and acting as a focal point for cross - border cooperation at union level should be established or identified in each member state . these bodies should be given the adequate technical , financial and human resources to ensure that they can carry out in an effective and efficient manner the tasks assigned to them and thus achieve the objectives of this directive . ### to allow for the effective implementation of the provisions adopted pursuant to this directive , a body responsible for coordinating nis issues and acting as a single focal point for both internal coordination and cross - border cooperation at union level should be established or identified in each member state . these single national points of contact should be designated without prejudice for each member state to designate more than one national competent authority in charge of network information security , according to their constitutional , jurisdictional or administrative requirements , but should nonetheless be assigned with a coordinating mandate at national and union level . these bodies should be given the adequate technical , financial and human resources to ensure that they can carry out in a continuous , effective and efficient manner the tasks assigned to them and thus achieve the objectives of this directive .


### all member states should be adequately equipped , both in terms of technical and organisational capabilities , to prevent , detect , respond to and mitigate network and information systems ' incidents and risks . well - functioning computer emergency response teams complying with essential requirements should therefore be established in all member states to guarantee effective and compatible capabilities to deal with incidents and risks and ensure efficient cooperation at union level . ### all member states should be adequately equipped , both in terms of technical and organisational capabilities , to prevent , detect , respond to and mitigate network and information systems ' incidents and risks . well - functioning computer emergency response teams complying with essential requirements and continuous mitigation and response capabilities should therefore be established in all member states to guarantee effective and compatible capabilities to deal with incidents and risks and ensure efficient cooperation at union level . in view of the above , member states should guarantee that each sectorial service , listed in annex ii of the present directive , is covered by at least one cert . regarding cross border cooperation , member states should assure that certs have sufficient means to participate in the respective international and european cooperation networks . the european network information security agency should provide the necessary assistance and advice for capacity building in case of need .


### the european network and information security agency should assist the member states and the commission by providing its expertise and advice and by facilitating exchange of best practices . in particular , in the application of this directive , the commission should consult enisa . to ensure effective and timely information to the member states and the commission , early warnings on incidents and risks should be notified within the cooperation network . to build capacity and knowledge among member states , the cooperation network should also serve as an instrument for the exchange of best practices , assisting its members in building capacity , steering the organisation of peer reviews and nis exercises . ### the european network and information security agency should assist the member states and the commission by providing its expertise and advice and by facilitating exchange of best practices . in particular , in the application of this directive , the commission and member states should consult enisa . to ensure effective and timely information to the member states and the commission , early warnings on incidents and risks should be notified within the cooperation network . to build capacity and knowledge among member states , the cooperation network should also serve as an instrument for the exchange of best practices , assisting its members in building capacity , steering the organisation of peer reviews and nis exercises .


### as most network and information systems are privately operated , cooperation between the public and private sector is essential . market operators should be encouraged to pursue their own informal cooperation mechanisms to ensure nis . they should also cooperate with the public sector and share information and best practices in exchange of operational support in case of incidents . ### as most network and information systems are privately operated , cooperation between the public and private sector is essential . market operators should be encouraged to pursue their own informal cooperation mechanisms to ensure nis . they should also cooperate with the public sector and mutually share information and best practices , including the reciprocal in exchange of relevant information and operational support in case of incidents . to effectively encourage the sharing of information and of best practices , it is essential to ensure that market operators and critical public administrations , referred to in article b ) , who participate in such exchanges , are not disadvantaged as a result of their cooperation . adequate safeguards are needed to ensure that such cooperation will not expose these operators to higher compliance risk or new liabilities under , inter alia , competition , intellectual property , data protection or cybercrime law , nor expose them to increase operational or security risks .


### where information is considered confidential in accordance with union and national rules on business confidentiality , such confidentiality shall be ensured when carrying out the activities and fulfilling the objectives set by this directive . ### the information classification policy referred to in recital 14 should follow the enisa recommended information sharing traffic light protocol . any information exchanged shall be classified and handled according to its level of sensitivity as determined by the source of the information . where information is considered confidential in accordance with union and national rules on business confidentiality , such confidentiality shall be ensured when carrying out the activities and fulfilling the objectives set by this directive .


### those obligations should be extended beyond the electronic communications sector to key providers of information society services , as defined in directive 98 / 34 / ec of the european parliament and of the council of 22 june 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on information society services27 , which underpin downstream information society services or on - line activities , such as e - commerce platforms , internet payment gateways , social networks , search engines , cloud computing services , application stores . disruption of these enabling information society services prevents the provision of other information society services which rely on them as key inputs . software developers and hardware manufacturers are not providers of information society services and are therefore excluded . those obligations should also be extended to public administrations , and operators of critical infrastructure which rely heavily on information and communications technology and are essential to the maintenance of vital economical or societal functions such as electricity and gas , transport , credit institutions , stock exchange and health . disruption of those network and information systems would affect the internal market . __________________ 27 oj l 204 , 21 . 7 . 1998 , p . 37 . ### those obligations should be extended beyond the electronic communications sector to public and private key providers and operators of critical infrastructure which rely heavily on information and communications technology and are essential to the maintenance of vital economical or societal functions such as electricity and gas , transport , financial institutions , stock exchange and health . disruption of those network and information systems would affect the internal market and the physical or financial integrity of the beneficiaries of the services they provide . downstream information society services or on - line activities , such as e - commerce platforms , social networks , search engines , application stores , as well as software developers and hardware manufacturers , are not to be bound to any of the compulsory reporting within this directive . nonetheless , their voluntary reporting and information sharing with the competent authorities following the mechanisms , laid down in this directive , is strongly recommended , particularly in the advent of severe incidents or disruptions . __________________ 27 oj l 204 , 21 . 7 . 1998 , p . 37 .


### standardisation of security requirements is a market - driven process . to ensure a convergent application of security standards , member states should encourage compliance or conformity with specified standards to ensure a high level of security at union level . to this end , it might be necessary to draft harmonised standards , which should be done in accordance with regulation no 1025 / 2012 of the european parliament and of the council of 25 october 2012 on european standardisation , amending council directives 89 / 686 / eec and 93 / 15 / eec and directives 94 / 9 / ec , 94 / 25 / ec , 95 / 16 / ec , 97 / 23 / ec , 98 / 34 / ec , 2004 / 22 / ec , 2007 / 23 / ec , 2009 / 23 / ec and 2009 / 105 / ec of the european parliament and of the council and repealing council decision 87 / 95 / eec and decision no 1673 / 2006 / ec of the european parliament and of the council29 . __________________ 29 oj l 316 , 14 . 11 . 2012 , p . 12 . ### standardisation of security requirements is a market - driven process . to ensure a convergent application of security standards , member states should encourage compliance or conformity with specified standards to ensure a high level of security at union level . to this end , the application of open international standards on network information security or the design of such tools need to be considered . another step forward might be necessary to draft harmonised standards , which should be done in accordance with regulation no 1025 / 2012 of the european parliament and of the council of 25 october 2012 on european standardisation , amending council directives 89 / 686 / eec and 93 / 15 / eec and directives 94 / 9 / ec , 94 / 25 / ec , 95 / 16 / ec , 97 / 23 / ec , 98 / 34 / ec , 2004 / 22 / ec , 2007 / 23 / ec , 2009 / 23 / ec and 2009 / 105 / ec of the european parliament and of the council and repealing council decision 87 / 95 / eec and decision no 1673 / 2006 / ec of the european parliament and of the council29 . in particular , etsi , cen and cenelec should be mandated to suggest effective and efficient eu open security standards , where technological preferences are avoided as much as possible , and which should be made easily manageable by small and medium - size market operators and smaller public administrations . __________________ 29 oj l 316 , 14 . 11 . 2012 , p . 12 .


### the commission should periodically review this directive , in particular with a view to determining the need for modification in the light of changing technological or market conditions . ### the commission should periodically review this directive , in consultation with all interested stakeholders , in particular with a view to determining the need for modification in the light of changing technological or market conditions


### information that is considered confidential by a competent authority , in accordance with union and national rules on business confidentiality , should be exchanged with the commission and other competent authorities only where such exchange is strictly necessary for the application of this directive . the information exchanged should be limited to that which is relevant and proportionate to the purpose of such exchange . ### information that is considered confidential by a competent authority in accordance with union and national rules on business confidentiality , should be exchanged with the commission , its relevant agencies and / or other national competent authorities only where such exchange is strictly necessary for the application of this directive . the information exchanged should be limited to that which is relevant and proportionate to the purpose of such exchange , while respecting pre - defined criteria for confidentiality and security and classification protocols , governing the information sharing procedure .


### the sharing of information within the cooperation network under chapter iii and the notifications of nis incidents under article 14 may require the processing of personal data . such processing , which is necessary to meet the objectives of public interest pursued by this directive , shall be authorised by the member state pursuant to article 7 of directive 95 / 46 / ec and directive 2002 / 58 / ec , as implemented in national law . ### the sharing of information within the cooperation network under chapter iii and the notifications of nis incidents under article 14 may require the communication to trusted third parties and the processing of personal data . such processing , which is necessary to meet the objectives of public interest pursued by this directive , shall be authorised by the member state pursuant to article 7 of directive 95 / 46 / ec and directive 2002 / 58 / ec , as implemented in national law . member states shall adopt legislative measures in accordance with article 13 of directive 95 / 46 / ec to ensure that public administrations , market operators and competent authorities are not held liable for processing personal data , necessary for the sharing of information within the cooperation network and incident notification .


### operator of critical infrastructure that are essential for the maintenance of vital economic and societal activities in the fields of energy , transport , banking , stock exchanges and health , a non - exhaustive list of which is set out in annex ii . ### public or private operator of critical infrastructure that are essential for the maintenance of vital economic and societal activities in the fields of energy , transport , banking and financial services , stock exchanges , information and communication technologies and health , a non - exhaustive list of which is set out in annex ii .


### each member state shall set up a computer emergency response team responsible for handling incidents and risks according to a well - defined process , which shall comply with the requirements set out in point of annex i . a cert may be established within the competent authority . ### each member state shall set up a computer emergency response team responsible for handling incidents and risks according to a well - defined process , which shall comply with the requirements set out in point of annex i . a cert may be established within a competent authority on network information security or could be designated as the national single point of contact .


### the cooperation network shall bring into permanent communication the commission and the competent authorities . when requested , the european network and information security agency shall assist the cooperation network by providing its expertise and advice . ### the cooperation network shall bring into permanent communication the commission , enisa and the competent authorities .


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


### the requirements under paragraphs 1 and 2 apply to all market operators providing services within the european union . ### the requirements under paragraphs 1 and 2 apply to all public and market operators , referred to in article b , and which provide services within the european union . these operators shall notify the incidents referred to in paragraphs 1 and 2 to the single point of contact in the member state where the core service is affected . where core services in more than one member state are affected , the single point of contact which has received the notification shall , based on the information provided by the originating source , alert the other single points of contact concerned , throughout mutual pre - defined confidentiality and security protocols . the originating source should be informed , as soon as possible , which other single points of contact have been informed of the incident , as well as of any undertaken steps , results or any information with relevance to the incident .


### the commission shall periodically review the functioning of this directive and report to the european parliament and the council . the first report shall be submitted no later than three years after the date of transposition referred to in article 21 . for this purpose , the commission may request member states to provide information without undue delay . ### the commission shall every three years review the functioning of this directive and report to the european parliament and the council . the first report shall be submitted no later than three years after the date of transposition referred to in article 21 . for this purpose , the commission may request member states to provide information without undue delay .


### the offices of the cert and the supporting information systems shall be located in secure sites . ### the offices of the cert and the supporting information systems shall be located in secure sites with secured network information systems .


### list of market operators ### list of public and private operators


### in the european pact for gender equality 2011 - 2020 , which was adopted on 7 march 2011 , the council acknowledged that gender equality policies are vital to economic growth , prosperity and competitiveness , reaffirmed its commitment to close the gender gaps with a view to meeting the objectives of the europe 2020 strategy , especially in three areas of great relevance to gender equality , namely employment , education and social inclusion , and urged action to promote the equal participation of women and men in decision - making at all levels and in all fields , in order to make full use of all available talent . ### in the european pact for gender equality 2011 - 2020 , which was adopted on 7 march 2011 , the council acknowledged that gender equality policies are vital to economic growth , prosperity and competitiveness , reaffirmed its commitment to close the gender gaps with a view to meeting the objectives of the europe 2020 strategy , especially in three areas of great relevance to gender equality , namely employment , education and social inclusion , and urged action to promote the equal participation of women and men in decision - making at all levels and in all fields , in order to make full use of all available talent , knowledge and ideas , thus enriching diversity of human resources and improving business perspectives .


### the european parliament , in its resolution on women and business leadership of 6 july 201127 , urged companies to attain the critical threshold of 30 per cent female membership of management bodies by 2015 and 40 per cent by 2020 . it called on the commission , if the steps taken by companies and the member states were found to be inadequate , to propose legislation by 2012 , including quotas . the european parliament reiterated that call for legislation in its resolution of 13 march 2012 on equality between women and men in the european union – 2011 . ### the european parliament , in its resolution on women and business leadership of 6 july 201127 , urged companies to attain the critical threshold of 30 per cent female membership of management bodies by 2015 and 40 per cent by 2020 . it called on the commission , if the steps taken by companies and the member states were found to be inadequate , to propose legislation by 2012 , including quotas , temporarily implemented , to serve as catalysts of change and of rapid reforms against persisting gender inequalities and stereotypes in economic decision making . the european parliament reiterated that call for legislation in its resolution of 13 march 2012 on equality between women and men in the european union – 2011 .


### the europe 2020 strategy for smart , sustainable and inclusive growth29 ascertained that increased female labour force participation is a precondition for boosting growth and for tackling demographic challenges in europe . the strategy set a headline target of reaching an employment rate of 75 per cent for women and men aged 20 - 64 by 2020 , which can only be reached if there is a clear commitment to gender equality and a reinforced effort to tackle all barriers to women ' s participation in the labour market . the current economic crisis has magnified europe ' s ever - growing need to rely on knowledge , competence and innovation and to make full use of the pool of available talent . enhancing female participation in economic decision - making , on company boards in particular , is expected to have a positive spill - over effect on female employment in the companies concerned and throughout the whole economy . ### the europe 2020 strategy for smart , sustainable and inclusive growth29 ascertained that increased female labour force participation is a precondition for boosting growth and for tackling demographic challenges in europe . the strategy set a headline target of reaching an employment rate of 75 per cent for women and men aged 20 - 64 by 2020 , which can only be reached if there is a clear commitment to gender equality , elimination of the persisting gender pay gap and a reinforced effort to tackle all barriers to women ' s participation in the labour market , including the existing ' glass - ceiling ' phenomenon . the current economic crisis has magnified europe ' s ever - growing need to rely on knowledge , competence and innovation and to make full use of the pool of available talent , of both men and women . enhancing female participation in economic decision - making , on company boards in particular , is expected to have a positive spill - over effect on female employment in the companies concerned and throughout the whole economy .


### in line with that case - law , member states should ensure that the selection of the best qualified candidates for non - executive directors is based on a comparative analysis of the qualifications of each candidate on the basis of pre - established , clear , neutrally formulated and unambiguous criteria . examples of types of selection criteria that companies could apply include professional experience in managerial and / or supervisory tasks , knowledge in specific relevant areas such as finance , controlling or human resources management , leadership and communication skills and networking abilities . priority should be given to the candidate of the under - represented sex if that candidate is equally qualified as the candidate of the other sex in terms of suitability , competence and professional performance , and if an objective assessment taking account of all criteria specific to the individual candidates does not tilt the balance in favour of a candidate of the other sex . ### in line with that case - law , member states should ensure that the selection of the best qualified candidates for non - executive directors is based on a comparative analysis of the qualifications of each candidate on the basis of pre - established , clear , neutrally formulated and unambiguous criteria . examples of types of selection criteria that companies could apply include professional experience in managerial and / or supervisory tasks , international experience , multidisciplinarity , knowledge in specific relevant areas such as finance , controlling or human resources management , leadership and communication skills and networking abilities . priority should be given to the candidate of the under - represented sex if that candidate is equally qualified as the candidate of the other sex in terms of suitability , competence and professional performance , and if an objective assessment taking account of all criteria specific to the individual candidates does not tilt the balance in favour of a candidate of the other sex .


### in line with that case - law , member states should ensure that the selection of the best qualified candidates for non - executive directors is based on a comparative analysis of the qualifications of each candidate on the basis of pre - established , clear , neutrally formulated and unambiguous criteria . examples of types of selection criteria that companies could apply include professional experience in managerial and / or supervisory tasks , knowledge in specific relevant areas such as finance , controlling or human resources management , leadership and communication skills and networking abilities . priority should be given to the candidate of the under - represented sex if that candidate is equally qualified as the candidate of the other sex in terms of suitability , competence and professional performance , and if an objective assessment taking account of all criteria specific to the individual candidates does not tilt the balance in favour of a candidate of the other sex . ### in line with that case - law , member states should ensure that the selection of the best qualified candidates for non - executive directors is based on a comparative analysis of the qualifications of each candidate on the basis of pre - established , clear , neutrally formulated and unambiguous criteria . examples of types of selection criteria that companies could apply include professional experience in managerial and / or supervisory tasks , knowledge in specific relevant areas such as finance , controlling or human resources management , leadership , international experience and communication skills and networking abilities . priority should be given to the candidate of the under - represented sex if that candidate is equally qualified as the candidate of the other sex in terms of suitability , competence and professional performance , and if an objective assessment taking account of all criteria specific to the individual candidates does not tilt the balance in favour of a candidate of the other sex .


### while some member states have taken regulatory action or encouraged self - regulation with mixed results , the majority of member states have not taken action or indicated their willingness to act in a way that would bring about sufficient improvement . projections based on a comprehensive analysis of all available information on past and current trends as well as intentions show that a balanced gender representation among non - executive board members across the union in line with the objectives set out in this directive will not be achieved by member states acting individually at any point in the foreseeable future . in the light of those circumstances and given the growing discrepancies between member states in terms of the representation of women and men on company boards , the gender balance on corporate boards across the union can only be improved through a common approach , and the potential for gender equality , competitiveness and growth can be better achieved through coordinated action at union level rather than through national initiatives of varying scope , ambition and effectiveness . since the objectives of this directive cannot be sufficiently achieved by the member states and can , therefore , by reason of the scale and effect of action , be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . ### while some member states have taken regulatory action or encouraged self - regulation with mixed results , the majority of member states have not taken action or indicated their willingness to act in a way that would bring about sufficient improvement . projections based on a comprehensive analysis of all available information on past and current trends as well as intentions show that a balanced gender representation among non - executive board members across the union in line with the objectives set out in this directive will not be achieved by member states acting individually at any point in the foreseeable future . in the light of those circumstances and given the growing discrepancies between member states in terms of the representation of women and men on company boards , the gender balance on corporate boards across the union can only be improved through a common approach , and the potential for gender equality , closing the existing gender pay gap and improvement of competitiveness and growth can be better achieved through coordinated action at union level rather than through national initiatives of varying scope , ambition and effectiveness . since the objectives of this directive cannot be sufficiently achieved by the member states and can , therefore , by reason of the scale and effect of action , be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union .


### draft legislative resolution ### - 1 . points out that the financial envelope specified in the legislative proposal constitutes only an indication to the legislative authority and can not be fixed until agreement is reached on the proposal for a regulation laying down the multiannual financial framework for the years 2014 - 2020 ;


### draft legislative resolution ### - 1a . recalls its resolution of 8 june 2011 on ' investing in the future : a new multiannual financial framework for a competitive , sustainable and inclusive europe ' ; reiterates that , sufficient additional resources are needed in the next mff in order to enable the union to fulfil its existing policy priorities and the new tasks provided for in the treaty of lisbon , as well as to respond to unforeseen events ; challenges the council , if it does not share this approach , to clearly identify which of its political priorities or projects could be dropped altogether , despite their proven european added value ;


### union technical and financial assistance in pursuit of the specific aims set out in point of article 1 may be undertaken in response to a situation of urgency , crisis or emerging crisis , a situation posing a threat to democracy , law and order , the protection of human rights and fundamental freedoms , or the security and safety of individuals , or a situation threatening to escalate into armed conflict or severely to destabilise the third country or countries concerned . such measures may also address situations where the union has invoked the essential elements clauses of international agreements in order to suspend , partially or totally , cooperation with third countries . ### union technical and financial assistance in pursuit of the specific aims set out in point of article 1 may be undertaken in response to a situation of urgency , crisis or emerging crisis , a situation posing a threat to democracy , law and order , the protection of human rights and fundamental freedoms , or the security and safety of individuals , or a situation threatening to escalate into armed conflict or severely to destabilise the third country or countries concerned . such measures may also address situations where the union has invoked the essential elements clauses of international agreements in order to suspend , partially or totally , cooperation with third countries . the european parliament and the council shall be promptly and regularly informed of the exceptional assistance measures , including the financial amounts envisaged , before a decision on those measures is adopted .


### the union shall provide technical and financial assistance in pursuit of the specific aims set out in point of article 1 in the area of conflict prevention , crisis preparedness and peace - building . ### the union shall provide technical and financial assistance in pursuit of the specific aims set out in point of article 1 in the area of conflict prevention , crisis preparedness and peace - building . the european parliament and the council shall be regularly consulted on the measures proposed , including the financial amounts envisaged .


### the union shall provide technical and financial assistance in pursuit of the specific aims set out in point of article 1 in the detailed areas specified in annex iii . the performance indicator for the assistance shall be the degree of alignment with relevant eu external security policy , including the external dimension of internal security . ### the union shall provide technical and financial assistance in pursuit of the specific aims set out in point of article 1 in the detailed areas specified in annex iii . the performance indicator for the assistance shall be the degree of alignment with relevant eu external security policy , including the external dimension of internal security . the european parliament and the council shall be promptly and regularly informed of the measures proposed , including the financial amounts envisaged .


### before adopting or renewing exceptional assistance measures costing up to eur 30 000 000 , the commission shall inform the council of their nature , objectives and the financial amounts envisaged . the commission shall likewise inform the council before making significant substantive changes to exceptional assistance measures already adopted . it shall take account of the relevant policy approach of the council both in its planning and subsequent implementation of such measures , in the interest of the coherence of eu external action . ### before adopting or renewing exceptional assistance measures costing up to eur 30 000 000 , the commission shall inform the european parliament and the council of their nature , objectives and the financial amounts envisaged . the commission shall likewise inform the european parliament and the council before making significant substantive changes to exceptional assistance measures already adopted . it shall take account of the relevant policy approach of the council both in its planning and subsequent implementation of such measures , in the interest of the coherence of eu external action .


### however , in exceptional situations of urgency referred to article 3 , the commission may adopt exceptional assistance measures costing up to eur 3 000 000 without prior information to the council . ### in exceptional situations of urgency referred to article 3 , the commission may adopt exceptional assistance measures costing up to eur 3 000 000 with prior information to the parliament and the council by written procedure .


### leadership in enabling and industrial technologies shall provide dedicated support for research , development and demonstration on ict , nanotechnology , advanced materials , biotechnology , advanced manufacturing and processing and space . emphasis will be placed on interactions and convergence across and between the different technologies . ### leadership in enabling and industrial technologies shall provide dedicated support for research , development and demonstration on ict , nanotechnology , advanced materials , eco - innovation , biotechnology , advanced manufacturing and processing and space . emphasis will be placed on interactions and convergence across and between the different technologies .


### climate action , resource efficiency and raw materials ; ### climate and water action , resource efficiency and raw materials ;


### climate action , resource efficiency and raw materials ### climate and water action , resource efficiency and raw materials


### the specific objective is to foster radically new technologies by exploring novel and high - risk ideas building on scientific foundations . by providing flexible support to goal - oriented and interdisciplinary collaborative research on various scales and by adopting innovative research practices , the aim is to identify and seize opportunities of long - term benefit for citizens , the economy and society . ### the specific objective is to foster radically new technologies by exploring novel and high - risk ideas building on scientific foundations , including expanding the understanding of human disease and toxicity pathways and the application of human - relevant cellular , genomic and computational tools and technologies in eu health research and risk assessment strategies , by providing flexible support to goal - oriented and interdisciplinary collaborative research on various scales and by adopting innovative research practices , the aim is to identify and seize opportunities of long - term benefit for citizens , the economy and society .


### the specific objective is to maintain and build global leadership in enabling technologies and space research and innovation , which underpin competitiveness across a range of existing and emerging industries and sectors . ### the specific objective is to maintain and build global leadership in enabling technologies and space research and innovation , which underpin competitiveness across a range of existing and emerging industries and sectors , including leadership through health research funding to advance human - relevant research such as – omics , computational , and other innovative , non - animal tools and technologies to further define human disease pathways as a basis for drug development and safety testing .


### a major component of ‘ leadership in enabling and industrial technologies’ are key enabling technologies , defined as micro - and nanoelectronics , photonics , nanotechnology , biotechnology , advanced materials and advanced manufacturing systems22 . these multi - disciplinary , knowledge and capital - intensive technologies cut across many diverse sectors providing the basis for significant competitive advantage for european industry . an integrated approach , promoting the combination , convergence and cross - fertilisation effect of kets in different innovation cycles and value chains can deliver promising research results and open the way to new industrial technologies , products , services and novel applications . the numerous interactions of kets and enabling technologies will therefore be exploited in a flexible manner , as an important source of innovation . this will complement support for research and innovation in kets that may be provided by national or regional authorities under the cohesion policy funds within the framework of smart specialisation strategies . ### a major component of ‘ leadership in enabling and industrial technologies’ are key enabling technologies , defined as micro - and nanoelectronics , photonics , nanotechnology , biotechnology , advanced materials , advanced manufacturing systems and eco - innovation22 . these multi - disciplinary , knowledge and capital - intensive technologies cut across many diverse sectors providing the basis for significant competitive advantage for european industry . an integrated approach , promoting the combination , convergence and cross - fertilisation effect of kets in different innovation cycles and value chains can deliver promising research results and open the way to new industrial technologies , products , services and novel applications . the numerous interactions of kets and enabling technologies will therefore be exploited in a flexible manner , as an important source of innovation . this will complement support for research and innovation in kets that may be provided by national or regional authorities under the cohesion policy funds within the framework of smart specialisation strategies .


### lifelong health and wellbeing for all , high - quality and economically sustainable health and care systems , and opportunities for new jobs and growth are the aims of support to research and innovation in response to this challenge and will make a major contribution to europe 2020 . ### lifelong health and wellbeing for all , inclusive , high - quality and economically sustainable health and care systems , and opportunities for new jobs and growth are the aims of support to research and innovation in response to this challenge and will make a major contribution to europe 2020 .


### lifelong health and wellbeing for all , high - quality and economically sustainable health and care systems , and opportunities for new jobs and growth are the aims of support to research and innovation in response to this challenge and will make a major contribution to europe 2020 . ### lifelong mental and physical health and wellbeing for all , high - quality and economically sustainable health and care systems , and opportunities for new jobs and growth are the aims of support to research and innovation in response to this challenge and will make a major contribution to europe 2020 .


### chronic conditions such as cardiovascular disease , cancer , diabetes , neurological and mental health disorders , overweight and obesity and various functional limitations are major causes of disability , ill - health and premature death , and present considerable social and economic costs . ### chronic conditions such as cardiovascular disease , cancer , diabetes , respiratory , neurological and mental health disorders , overweight and obesity and various functional limitations are major causes of disability , ill - health and premature death , and present considerable social and economic costs . chronic non - communicable diseases account for 86% of deaths in the who european region .


### in the union , cvd annually accounts for more than 2 million deaths and costs the economy more than eur 192 billion while cancer accounts for a quarter of all deaths and is the number one cause of death in people aged 45 - 64 . over 27 million people in the union suffer from diabetes and the total cost of brain disorders has been estimated at eur 800 billion . environmental , life - style and socio - economic factors are relevant in several of these conditions with up to one third of the global disease burden estimated to be related to these . ### in the union , cvd annually accounts for more than 2 million deaths and costs the economy more than eur 192 billion while cancer accounts for a quarter of all deaths and is the number one cause of death in people aged 45 - 64 . over 120 million citizens suffer from rheumatic and musculoskeletal conditions in the union and 27 million people in the union suffer from diabetes while the total cost of brain disorders has been estimated at eur 800 billion and the total cost of rheumatic and musculoskeletal diseases at eur 240 billion . environmental , life - style and socio - economic factors are relevant in several of these conditions with up to one third of the global disease burden estimated to be related to these .


### meanwhile , drug and vaccine development processes are becoming more expensive and less effective . persistent health inequalities must be addressed , and access to effective and competent health systems must be ensured for all europeans . ### meanwhile , drug and vaccine development processes are becoming more expensive and less effective . persistent health inequalities must be addressed , and access to effective and competent health systems – i . e . access to health expertise , early diagnose , appropriate treatment and quality care - must be ensured for all europeans .


### disease and disability are not stopped by national borders . an appropriate european level research and innovation response can and should make a crucial contribution to addressing these challenges , deliver better health and wellbeing for all , and position europe as a leader in the rapidly expanding global markets for health and wellbeing innovations . ### disease and disability are not stopped by national borders . an appropriate european level research and innovation response can and should make a crucial contribution to addressing these challenges , deliver better mental and physical health and wellbeing for all , and position europe as a leader in the rapidly expanding global markets for health and wellbeing innovations .


### the response depends on excellence in research to improve our fundamental understanding of health , disease , disability , development and ageing , and on the seamless and widespread translation of the resulting and existing knowledge into innovative , scalable and effective products , strategies , interventions and services . furthermore , the pertinence of these challenges across europe and in many cases , globally , demands a response characterised by long term and coordinated support for co - operation between excellent , multidisciplinary and multi - sector teams . ### the response depends on excellence in research to improve our fundamental understanding of health , disease , disability , development and ageing , and on the seamless and widespread translation of the resulting and existing knowledge into innovative , scalable and effective products , strategies , interventions and services . in particular , a large - scale human biology - based research effort is needed to discover the key events in the biological pathway between early disruptions in genetic and cellular processes and the manifestation of adverse human health outcomes . furthermore , the pertinence of these challenges across europe and in many cases , globally , demands a response characterised by long term and coordinated support for co - operation between excellent , multidisciplinary and multi - sector teams .


### similarly , the complexity of the challenge and the interdependency of its components demand a european level response . many approaches , tools and technologies have applicability across many of the research and innovation areas of this challenge and are best supported at union level . these include the development of long term cohorts and the conduct of clinical trials , the clinical use of ‘ - omics’ or the development of ict and their applications in healthcare practice , notably e - health . the requirements of specific populations are also best addressed in an integrated manner , for example in the development of stratified and / or personalised medicine , in the treatment of rare diseases , and in providing assisted and independent living solutions . ### similarly , the complexity of the challenge and the interdependency of its components demand a european level response . many approaches , tools and technologies have applicability across many of the research and innovation areas of this challenge and are best supported at union level . these include the development of long term cohorts and the conduct of clinical trials , the clinical use of ' - omics ' or the development of ict and their applications in healthcare practice , notably e - health . the requirements of specific populations are also best addressed in an integrated manner , for example in the development of stratified and / or personalised medicine , care provided in multi - disciplinary expert centres , in the treatment of rare diseases , and in providing assisted and independent living solutions .


### to maximise the impact of union level actions , support will be provided to the full spectrum of research and innovation activities . from basic research through translation of knowledge to large trials and demonstration actions , mobilising private investment ; to public and pre - commercial procurement for new products , services , scalable solutions , which are when necessary , interoperable and supported by defined standards and / or common guidelines . this co - ordinated , european effort will contribute to the ongoing development of the era . it will also interface , as and when appropriate , with activities developed in the context of the health for growth programme and the european innovation partnership on active and health ageing . ### to maximise the impact of union level actions , support will be provided to the full spectrum of research and innovation activities . from basic research through translation of knowledge to large trials and demonstration actions , mobilising private investment ; to public and pre - commercial procurement for new products , services , scalable solutions , which are when necessary , interoperable and supported by defined standards and / or common guidelines . this co - ordinated , european effort will contribute to the ongoing development of the era . it will also interface , as and when appropriate , with activities developed in the context of the health for growth programme , the european innovation partnership on active and health ageing and future actions in relation to chronic conditions .


### effective health promotion , supported by a robust evidence base , prevents disease , improves wellbeing and is cost effective . health promotion and disease prevention also depend on an understanding of the determinants of health , on effective preventive tools , such as vaccines , on effective health and disease surveillance and preparedness , and on effective screening programmes . ### effective health promotion , supported by a robust evidence base , prevents disease , improves wellbeing and is cost effective . health promotion and disease prevention also depend on an understanding of the determinants of health on effective preventive tools , such as vaccines on effective health and disease surveillance and preparedness , on effective screening programmes and on access to timely , high quality , appropriate and specialized treatment .


### effective health promotion , supported by a robust evidence base , prevents disease , improves wellbeing and is cost effective . health promotion and disease prevention also depend on an understanding of the determinants of health , on effective preventive tools , such as vaccines , on effective health and disease surveillance and preparedness , and on effective screening programmes . ### effective health promotion , supported by a robust evidence base , prevents disease , improves mental and physical wellbeing and is cost effective . health promotion and disease prevention also depend on an understanding of the determinants of , and links between , physical and mental health , on effective preventive tools , such as vaccines , on effective health and disease surveillance and preparedness , and on effective screening programmes and early diagnosis .


### successful efforts to prevent , manage , treat and cure disease , disability and reduced functionality are underpinned by the fundamental understanding of their determinants and causes , processes and impacts , as well as factors underlying good health and wellbeing . effective sharing of data and the linkage of these data with large scale cohort studies is also essential , as is the translation of research findings into the clinic , in particular through the conduct of clinical trials . ### successful efforts to prevent , manage , treat and cure disease , disability and reduced functionality are underpinned by the fundamental understanding of their determinants and causes , processes and impacts , as well as factors underlying good health and wellbeing . effective sharing of data , standardised data processing and the linkage of these data with large scale cohort studies is also essential , as is the translation of research findings into the clinic , in particular through the conduct of clinical trials .


### an increasing disease and disability burden in the context of an aging population places further demands on health and care sectors . if effective health and care is to be maintained for all ages , efforts are required to improve decision making in prevention and treatment provision , to identify and support the dissemination of best practice in the health and care sectors , and to support integrated care and the wide uptake of technological , organisational and social innovations empowering in particular older persons as well as disabled persons to remain active and independent . doing so will contribute to increasing , and lengthening the duration of their physical , social , and mental well - being . ### an increasing disease and disability burden in the context of an aging population places further demands on health and care sectors . if effective health and care is to be maintained for all individuals , irrespective of their age or gender and economic means , efforts are required to improve decision making in prevention and treatment provision , to identify and support the dissemination of best practice in the health and care sectors and to support integrated care , and the wide uptake of technological , organisational and social innovations empowering in particular older persons as well as disabled persons and patients to remain active and independent . doing so will contribute to increasing , and lengthening the duration of their physical , social , and mental well - being and quality of life .