### those sector - specific measures must be complemented by an adaptation of the public procurement directives empowering contracting entities to pursue the objectives of the europe 2020 strategy in their purchasing strategies . it should hence be made clear that contracting entities can determine the most economically advantageous tender and the lowest cost using a life - cycle costing approach , provided that the methodology to be used is established in an objective and non - discriminatory manner and accessible to all interested parties . the notion of life - cycle costing includes all costs over the life - cycle of a works , supplies or services , both their internal costs and their external costs , provided they can be monetised and monitored . common methodologies should be developed at the level of the union for the calculation of life - cycle costs for specific categories of supplies or services ; whenever such a methodology is developed its use should be made compulsory . ### those sector - specific measures should be complemented by an adaptation of the public procurement directives empowering contracting entities to pursue the objectives of the europe 2020 strategy in their purchasing strategies . it should hence be made clear that contracting entities should determine the most economically - advantageous tender using a costing approach based on life - cycle and sustainable production processes , in accordance with articles 9 , 10 and 11 of the treaty on the functioning of the european union which lay down the social and environmental protection conditions to be taken into account when determining and implementing eu policy . the notion of life - cycle costing includes all costs over the life - cycle of a works , supplies or services , both their internal costs and their external costs , provided they can be monetised and monitored . common methodologies should be developed at the level of the union for the calculation of life - cycle costs for specific categories of supplies or services ; whenever such a methodology is developed its use should be made compulsory .


### furthermore , in technical specifications and in award criteria , contracting entities should be allowed to refer to a specific production process , a specific mode of provision of services , or a specific process for any other stage of the life - cycle of a product or service , provided that they are linked to the subject - matter of the contract . in order to better integrate social considerations in public procurement , procurers may also be allowed to include , in the award criterion of the most economically advantageous tender , characteristics related to the working conditions of the persons directly participating in the process of production or provision in question . those characteristics may only concern the protection of health of the staff involved in the production process or the favouring of social integration of disadvantaged persons or members of vulnerable groups amongst the persons assigned to performing the contract , including accessibility for persons with disabilities . any award criteria which include those characteristics should in any event remain limited to characteristics that have immediate consequences on staff members in their working environment . they should be applied in accordance with directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services and in a way that does not discriminate directly or indirectly against economic operators from other member states or from third countries parties to the agreement or to free trade agreements to which the union is party . ### furthermore , in technical specifications and in award criteria , contracting authorities should be allowed to refer to life cycle characteristics , such as a specific production process , including , for example , social and environmental aspects , a specific mode of provision of services , functional or performance requirements aimed at minimising or maximising environmental or social impacts , 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 . the rule concerning the link to the subject - matter should be interpreted broadly . accordingly , in order to better integrate social considerations in public procurement , procurers may also be allowed to include , in the technical specifications and award criteria , characteristics related to the working conditions of the persons directly participating in the process of production or provision in question . those characteristics may , for example , concern the protection of health of the staff involved in the production process , gender equality , access to vocational training , user involvement and consultation , affordability , human rights , ethical trade 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 free to use as technical specifications or award criteria the organisation , qualifications and experience of the staff assigned to performing the contract in question , as this may affect the quality and sustainability of contract performance and , as a result , the economic value of the tender . contracting authorities may also integrate into technical specifications or award criteria social considerations relating to external social costs directly linked to the life cycle , such as the impact of production on the surrounding environment and adjacent communities . contracting authorities should lay down in the technical specifications obligations relating to social and employment conditions , health and safety at the workplace , social security and working conditions , as laid down in eu and national laws , regulations or administrative provisions , arbitration rulings , collective agreements and contracts and the international labour law provisions listed in annex xiv , which apply in the place where the work , service or supply is performed ; these obligations should also apply in cross - border situations , where workers from one member state provide services in another member state .


### tenders that appear abnormally low in relation to the works , supplies or services might be based on technically , economically or legally unsound assumptions or practices . in order to prevent possible disadvantages during contract performance , contracting entities should be obliged to ask for an explanation of the price charged where a tender significantly undercuts the prices demanded by other tenderers . where the tenderer cannot provide a sufficient explanation , the contracting entity should be entitled to reject the tender . rejection should be mandatory in cases where the contracting entity has established that the abnormally low price results from non - compliance with mandatory union legislation in the fields of social , labour or environmental law or international labour law provisions . ### tenders that appear abnormally low in relation to the works , supplies or services might be based on technically , economically or legally unsound assumptions or practices . in order to prevent possible disadvantages during contract performance , contracting authorities should be obliged to ask for an explanation of the price charged where a tender significantly undercuts the prices demanded by other tenderers . where the tenderer cannot provide a sufficient explanation , the contracting authority should reject the tender . rejection should be mandatory in cases where the contracting authority has established that the abnormally low price indicated results from non - compliance with union environmental law or with obligations relating to social and employment conditions , health and safety at the workplace , social security and working conditions , as laid down in eu and national laws , regulations or administrative provisions , arbitration rulings , collective agreements and contracts and the international labour law provisions listed in annex xiv , which apply in the place where the work , service or supply is performed ; these obligations should also apply in cross - border situations , where workers from one member state provide services in another member state .


### tenders that appear abnormally low in relation to the works , supplies or services might be based on technically , economically or legally unsound assumptions or practices . in order to prevent possible disadvantages during contract performance , contracting entities should be obliged to ask for an explanation of the price charged where a tender significantly undercuts the prices demanded by other tenderers . where the tenderer cannot provide a sufficient explanation , the contracting entity should be entitled to reject the tender . rejection should be mandatory in cases where the contracting entity has established that the abnormally low price results from non - compliance with mandatory union legislation in the fields of social , labour or environmental law or international labour law provisions . ### tenders that appear abnormally low in relation to the works , supplies or services might be based on technically , economically or legally unsound assumptions or practices . in order to prevent possible disadvantages during contract performance , contracting entities should be obliged to ask for an explanation of the price charged where a tender significantly undercuts the prices demanded by other tenderers . rejection of the tender should be mandatory in cases where the contracting entity has established that the abnormally low price results from non - compliance with mandatory union legislation in the fields of social , labour or environmental law or international labour law provisions or , if the contractor cannot give a satisfactory explanation of the abnormally low price of his tender , it should be rejected by the contracting entity .


### 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 notice used to make the call for competition , or in 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 example , mention may be made of the requirements applicable during the performance of the contract to recruit long - term job - seekers or to implement training measures for the unemployed or for 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 prior information notice used as a means of calling for competition or in 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 . as regards obligations relating to social and employment conditions , health and safety at the workplace , social security and working conditions , as laid down in eu and national laws , regulations or administrative provisions , arbitration rulings , collective agreements and contracts and the international labour law provisions listed in annex xiv , which apply in the place where the work , service or supply is performed , contracting authorities should lay down in the contract performance clauses provisions setting an appropriate level of protection .


### the laws , regulations and collective agreements , at both national and union level , that are in force in the areas of employment conditions and safety at work apply during the performance of a contract , provided that such rules , and their application , comply with union law . in cross - border situations where workers from one member state provide services in another member state for the purpose of performing a contract , 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 services33 lays down the minimum conditions that must be observed by the host country in respect of such posted workers . where national law contains provisions to this effect , non - compliance with those obligations may be considered to be grave misconduct on the part of the economic operator concerned , liable to lead to the exclusion of that economic operator from the procedure for the award of a public contract . ### the laws , regulations and collective agreements , at both national and union level , that are in force in the areas of employment conditions , integration of persons with disabilities into the labour market and safety at work apply during the performance of a contract , provided that such rules , and their application , comply with union law . in cross - border situations where workers from one member state provide services in another member state for the purpose of performing a contract , 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 services33 lays down the minimum conditions that must be observed by the host country in respect of such posted workers . where national law contains provisions to this effect , non - compliance with those obligations may be considered to be grave misconduct on the part of the economic operator concerned , liable to lead to the exclusion of that economic operator from the procedure for the award of a public contract .


### the laws , regulations and collective agreements , at both national and union level , that are in force in the areas of employment conditions and safety at work apply during the performance of a public contract , provided that such rules , and their application , comply with union law . in cross - border situations where workers from one member state provide services in another member state for the purpose of performing a contract , 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 lays down the minimum conditions that must be observed by the host country in respect of such posted workers . where national law contains provisions to this effect , non - compliance with those obligations may be considered to be grave misconduct on the part of the economic operator concerned , liable to lead to the exclusion of that economic operator from the procedure for the award of a public contract . ### the laws and regulations , at both national and union level , that are in force in the areas of employment conditions and safety at work apply during the performance of a public contract , as do the collective agreements applicable in the territory where the works , services and supplies are carried out or delivered . non - compliance with those obligations may be considered to be grave misconduct on the part of the economic operator concerned , liable to lead to the exclusion of that economic operator from the procedure for the award of a public contract .


### it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . when preparing and drawing up delegated acts , the commission should ensure simultaneous , timely and appropriate transmission of relevant documents to the european parliament and the council . ### it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level . when preparing and drawing up delegated acts , the commission should ensure simultaneous , timely and appropriate transmission of relevant documents to the european parliament and the council . the commission should provide full information and documentation on its meetings with national experts within the framework of the preparation and implementation of delegated acts . in this respect , the commission should ensure that the european parliament is duly involved , drawing on best practices from previous experience in other policy areas in order to create the best possible conditions for future scrutiny of delegated acts by the european parliament .


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


### relations between public authorities ### cooperation between contracting authorities .


### at least 90 % of the activities of that legal person are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority ; ### at least 80 % of the activities of that legal person which are covered by the contract are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority ;


### contracting entities shall treat economic operators equally and without discrimination and shall act in a transparent and proportionate way . ### contracting entities shall treat economic operators equally and without discrimination and shall act in a transparent way .


### as far as covered by annexes&#160 ; iii , iv and v and the general notes to the european union ' s appendix&#160 ; 1 to the government procurement agreement and by the other international agreements by which the union is bound , as listed in annex&#160 ; v to this directive , contracting entities within the meaning of article&#160 ; 4 shall accord to the works , supplies , services and economic operators of the signatories to those agreements treatment no less favourable than the treatment accorded to the works , supplies , services and economic operators of the union . by applying this directive to economic operators of the signatories to those agreements contracting entities shall comply with those agreements . ### as far as covered by annexes&#160 ; iii , iv and v and the general notes to the european union ' s appendix&#160 ; 1 to the government procurement agreement and by the other international agreements by which the union is bound &#8212 ; &#160 ; including the commitments entered into within the framework of bilateral trade agreements , as listed in annex&#160 ; v to this directive , contracting entities within the meaning of article&#160 ; 4 shall accord to the works , supplies , services and economic operators of the signatories to those agreements treatment no less favourable than the treatment accorded to the works , supplies , services and economic operators of the union . by applying this directive to economic operators of the signatories to those agreements contracting entities shall comply with those agreements .


### where a state of urgency duly substantiated by the contracting entities renders impracticable the time limit laid down in the second subparagraph of paragraph 1 , they may fix a time limit which shall be not less than 20 days from the date on which the contract notice was sent . ### where a state of urgency duly substantiated by the contracting entities renders impracticable the time limit laid down in the second subparagraph of paragraph 1 , they may fix a time limit which shall be not less than 25 days from the date on which the contract notice was sent . a state of urgency may only result in a shorter time limit being set if it has not been brought about by the contracting entities themselves .


### contracting entities may use electronic auctions in which new prices , revised downwards , and / or new values concerning certain elements of tenders are presented . ### contracting entities may use electronic auctions solely for the purchase of standardised goods , in which new prices , revised downwards , and / or new values concerning certain elements of tenders are presented .


### the electronic auction shall be based on one of the following criteria : solely on prices where the contract is awarded to the lowest cost ; on prices and / or on the new values of the features of the tenders indicated in the specifications where the contract is awarded to the most economically advantageous tender . ### the electronic auction shall be based on prices and / or on the new values of the features of the tenders indicated in the specifications .


### before proceeding with the electronic auction , contracting entities shall make a full initial evaluation of the tenders in accordance with the award criterion or criteria and with the weighting fixed for them . ### before proceeding with the electronic auction , contracting entities shall make a full initial evaluation of the tenders in accordance with the award criteria and with the weighting fixed for them .


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


### by reference to technical specifications and , in order of preference , to national standards transposing european standards , european technical approvals , common technical specifications , international standards , other technical reference systems established by the european standardisation bodies or - when those do not exist - national standards , national technical approvals or national technical specifications relating to the design , calculation and execution of the works and use of the supplies ; each reference shall be accompanied by the words ' or equivalent ' ; ### by reference to specifications and standards , as defined in point 2 of annex viii , with preference given to european and international standards , and only in the absence thereof to national standards ; each reference shall be accompanied by the words ' or equivalent ' ;


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


### where a label fulfils the conditions of provided in points , , and of paragraph 1 but also sets outs out requirements not linked to the subject - matter of the contract , contracting entities may use those of the detailed specifications of that label , or , if necessary , parts thereof , that are linked to the subject - matter of the contract and are appropriate to define characteristics of this subject - matter . ### where a third party verified standard does not fall within the definition set out in point 5a of annex viii because its criteria sets out requirements not linked to the subject - matter of the contract , contracting entities may use the detailed specifications of that standard or , if necessary , parts thereof , that are linked to the subject - matter of the contract and are appropriate to define characteristics of this subject - matter .


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


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


### in the case referred to in point of paragraph 1 the contracting entity shall specify the relative weighting which it gives to each of the criteria chosen to determine the most economically advantageous tender . ### the contracting entity shall specifythe 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 entity shall specify the relative weighting which it gives to each of the criteria chosen to determine the most economically advantageous tender . ### the contracting entity shall specify the relative weighting which it gives to each of the criteria chosen to determine the most economically advantageous tender .


### life - cycle costing ### life - cycle considerations


### the explanations referred to in paragraphs 1 and 2 may in particular relate to : ### if , for a given contract , tenders appear to be abnormally low in relation to the goods , works or services , the contracting authority shall , before it may reject those tenders , request in writing details of the constituent elements of the tender which it considers relevant . the explanations in question may in particular relate to :


### contracting entities 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 xiv . ### contracting entities shall reject the tender , where they have established that the tender is abnormally low because it does not comply with obligations established by union and national legislation , and by collective agreements applying in the place where the work , service , or supply is to be performed , in the field of social and labour law or environmental law , or by the international social and environmental law provisions listed in annex xiv .


### where a contracting entity establishes that a tender is abnormally low because the tenderer has obtained state aid , the tender may be rejected on that ground alone only after consultation with the tenderer where the latter is unable to prove , within a sufficient time limit fixed by the contracting entity , that the aid in question was compatible with the internal market within the meaning of article 107 of the treaty . where the contracting entity rejects a tender in those circumstances , it shall inform the commission thereof . ### where a contracting entity establishes that a tender is abnormally low because the tenderer has obtained state aid , the tender can be rejected on that ground alone only after consultation with the tenderer where the latter is unable to prove , within a sufficient time limit fixed by the contracting entity , that the aid in question was granted legally . where the contracting entity rejects a tender in those circumstances , it shall inform the commission thereof .


### in the procurement documents , the contracting entity may ask , or may be required by a member state to ask , the tenderer to indicate in its tender any share of the contract it may intend to subcontract to third parties and any proposed subcontractors . ### in the procurement documents , the contracting entity must ask the tenderer to indicate in its tender the share of the contract it wishes to subcontract to third parties and any proposed subcontractors , providing information regarding the subcontractor , including names , contact details and legal representatives . the contracting entity must be informed without delay of any change in the subcontracting chain .


### member states shall ensure that contracting entities may take into account the need to ensure quality , continuity , accessibility , availability and comprehensiveness of the services , the specific needs of different categories of users , the involvement and empowerment of users and innovation . member states may also provide that the choice of the service provider shall not be made solely on the basis of the price for the provision of the service . ### member states shall ensure that contracting authorities take into account the need to ensure high quality , continuity , accessibility , affordability , availability and comprehensiveness of the services , the specific needs of different categories of users , including disadvantaged and vulnerable groups , the involvement and empowerment of users and innovation . member states shall provide that the choice of the service provider shall not be made solely on the basis of the price for the provision of the service , but shall take into account the quality and sustainability criteria for social services set out above .


### article 93 ### article deleted


### member states shall appoint a single independent body responsible for the oversight and coordination of implementation activities . member states shall inform the commission of their designation . ### member states shall ensure that a single independent body is responsible for the oversight and coordination of implementation activities . member states shall inform the commission of their designation . in those member states where an oversight body already exists , the member states shall confer to it the performance of the responsibilities described in this article .


### member states shall appoint a single independent body responsible for the oversight and coordination of implementation activities . member states shall inform the commission of their designation . ### member states shall ensure that an independent body responsible for the oversight and coordination of implementation activities is in place . member states shall inform the commission of their designation .


### assistance to contracting entities and businesses ### assistance to contracting entities


### member states shall provide mutual assistance to each other , and shall put in place measures for effective cooperation with one another , in order to ensure exchange of information on issues referred to in articles 56 , 75 and 79 . they shall ensure the confidentiality of the information which they exchange . ### member states shall provide mutual assistance to each other , and shall put in place measures for effective cooperation with one another , in order to ensure exchange of information on issues referred to in articles 56 , 75 , 79 and 83a . they shall ensure the confidentiality of the information which they exchange .


### the commission should have the power to adopt delegated acts under article 290 of the tfeu in order to supplement or amend certain non - essential elements of particular legislative acts , notably to take account of economic , social and technical developments . the commission should ensure that these delegated acts do not impose a significant additional administrative burden on the member states or on the respondent units . ### the commission should have the power to adopt delegated acts under article 290 of the tfeu in order to supplement or amend certain non - essential elements of particular legislative acts , notably to take account of economic , social and technical developments . these delegated acts should not impose a disproportionate additional burden on the member states or on respondents .


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


### in view of the importance of the labour force survey ad hoc modules in support of union policies , a contribution by the union to the financing of their implementation is proposed through grant procedures , without calls for proposals . the grants shall be awarded to the national statistical institutes and other national authorities referred to in article 5 of regulation no 223 / 2009 of the european parliament and of the council of 11 march 2009 on european statistics . grants that are provided for purposes of carrying out labour force surveys may take the form of lump sums . in this context , the use of lump sums should be a principal means of simplifying grant management . ### in view of the importance of the labour force survey ad hoc modules for union policies , a contribution by the union to the financing of their implementation may be awarded through grant procedures , without calls for proposals to the national statistical institutes and other national authorities referred to in article 5 of regulation no 223 / 2009 of the european parliament and of the council of 11 march 2009 on european statistics . grants that are provided for the purpose of carrying out labour force surveys may take the form of lump sums . in this context , the use of lump sums should be one of the principal means of simplifying grant management .


### in order to ensure legal certainty , it is necessary that procedures for the adoption of measures which have been initiated but not completed before the entry into force of this regulation are not affected by this regulation . ### in order to ensure legal certainty , it is necessary to ensure that procedures for the adoption of measures which have been initiated but not completed before the entry into force of this regulation are not affected by this regulation .


### the commission shall be empowered to adopt delegated acts in accordance with article 7c concerning an additional set of variables in order to supplement the information described in article 4 , including the subject , the reference period , the sample size and the deadline for transmission of the results . ### a further set of variables , hereinafter referred to as an ' ad hoc module ' , may be added to supplement the information described in article&#160 ; 4 . the commission shall be empowered to adopt delegated acts in accordance with article&#160 ; 7c to establish a multiannual programme of ad hoc modules , specifying the subject , the reference period , the sample size and the deadline for transmission of the results .


### the union may award financial support to the national statistical institutes and other national authorities referred to as designated beneficiaries in article 5 of regulation no 223 / 2009 , for the implementation of the ad hoc modules as referred to in article 7a in accordance with article x of regulation no xx / xx of the european parliament and of the council on a european union programme for social change and innovation , [ com 609 final ] . ### in accordance with the second subparagraph of article 128 of regulation no 966 / 2012 , the union may award grants , without a call for proposals , to the national statistical institutes and other national authorities referred to in article 5 of regulation no 223 / 2009 , for the implementation of the ad hoc modules as referred to in article 7a , under the provisions of article x of regulation no xx / xx of the european parliament and of the council on a european union programme for social change and innovation , [ com 609 final ] . the grants may take the form of lump - sum payments and shall be made subject to the member states’ participating fully in the implementation of the ad hoc modules .


### when exercising the powers delegated in accordance with article 4 and article 7a , the commission shall ensure that the delegated acts do not impose a significant additional administrative burden on the member states and on the respondents . ### when exercising the powers delegated in accordance with article 4 and article 7a , the commission shall ensure that the delegated acts do not impose a disproportionate additional burden on the member states and on respondents .


### cross - border cooperation between adjacent regions to promote integrated regional development between neighbouring land and maritime border regions from two or more member states or between neighbouring border regions from at least one member state and one third country on external borders of the union other than those covered by programmes under the external financial instruments of the union ; ### cross - border cooperation between adjacent regions to promote integrated regional development between neighbouring land and maritime border regions from two or more member states or between neighbouring border regions from at least one member state and one third country on the external borders of the union ;


### for transnational cooperation , the commission shall adopt the list of transnational areas to receive support , broken down by cooperation programme and covering nuts level 2 regions while ensuring the continuity of such cooperation in larger coherent areas based on previous programmes , by means of implementing acts . those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 30 . ### for transnational cooperation , the commission shall adopt the list of transnational areas to receive support , broken down by cooperation programme and covering nuts level 2 regions , while ensuring the implementation of eu macro - regional strategies and the continuity of transnational cooperation in larger coherent areas based on previous programmes , by means of implementing acts . those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 30 .


### promoting legal and administrative cooperation and cooperation between citizens and institutions ; ### promoting legal and administrative cooperation and cooperation between citizens and institutions , including cross - border cooperation between administrations in order to improve communication and consultation of all the players involved in relation to the needs , planning and development of cross - border infrastructure ;


### draft legislative resolution ### points out that the financial envelope specified in the legislative proposal constitutes only an indication to the legislative authority and cannot 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 ### recalls its resolution of 8 june 2011 on investing in the future : a new multiannual financial framework for a competitive , sustainable and inclusive europe1 ; 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 ; points out that even with an increase in the level of resources for the next mff of at least 5 % compared to the 2013 level , only a limited contribution can be made to the achievement of the union’s agreed objectives and commitments and the principle of union solidarity ; 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 ; ______________ 1 texts adopted , p7_ta0266 .


### experience with the current financial framework shows that many member states , which are eligible to the cohesion fund , are facing significant obstacles in delivering on time complex cross - border transport infrastructure projects with a high union added value . therefore , in order to improve the delivery of transport projects , in particular cross - border ones , with a high union added value , part of the cohesion fund allocation should be transferred to finance transport projects on the transport core network in the member states eligible to the cohesion fund under the connecting europe facility . the commission should support member states eligible to the cohesion fund to develop an adequate pipeline of projects in order to give greatest possible priority to the national allocations under the cohesion fund . ### experience with the current financial framework shows that many member states , which are eligible to the cohesion fund , are facing significant obstacles in delivering on time complex cross - border transport infrastructure projects with a high union added value . therefore , in order to improve the delivery of transport projects , in particular cross - border ones , with a high union added value , part of the cohesion fund allocation should be transferred to finance transport projects on the transport core network in the member states eligible to the cohesion fund under the connecting europe facility . the commission should support member states eligible to the cohesion fund and strengthen , where appropriate , their administrative capacity to develop an adequate pipeline of projects in order to give greatest possible priority to the national allocations under the cohesion fund , but also in order to support them in applications for the eur 21 . 7 billion available for all member states and to ensure , to the largest possible extent , a geographical balance .


### several methods of implementation are necessary and require different funding rates to increase the efficiency and impact of the union financial aid , to encourage private investment , and to respond to the specific requirements of individual projects . ### several methods of implementation are necessary and require different funding rates and financial instruments to increase the efficiency and impact of the union financial aid , to encourage private investment , and to respond to the specific requirements of individual projects .


### even though the bulk of the investment under europe 2020 strategy can be delivered by markets and regulatory measures , the financing challenge require public interventions and union support by grants and innovative financial instruments . financial instruments should be used to address specific market needs , in line with the objectives of the cef , and should not crowd out private financing . before deciding to use financial instruments , the commission should carry out ex - ante assessments of these instruments . ### even though the bulk of the investment under europe 2020 strategy can be delivered by markets and regulatory measures , the financing challenge require public interventions and union support by grants and innovative financial instruments . financial instruments should be used to address specific market needs , in line with the objectives of the cef , should be additional or complementary to other financing measures available and should not crowd out private financing . before deciding to use financial instruments , the commission should carry out ex - ante assessments of these instruments .


### in the europe 2020 strategy , the commission pledged to mobilise union financial instruments as part of a consistent funding strategy , that pulls together union and national public and private funding for infrastructures . this is based on the rationale that in many cases sub - optimal investment situations and market imperfections may be more efficiently tackled by financial instruments than by grants . ### in the europe 2020 strategy , the commission pledged to mobilise union financial instruments as part of a consistent funding strategy , that pulls together union and national public and private funding for infrastructures . this is based on the rationale that in many cases sub - optimal investment situations and market imperfections may be more efficiently tackled by financial instruments than by grants , improving the leverage effect of budget spending and achieving a higher multiplier effects in terms of attracting private sector financing . this is particularly relevant in the context of difficult access to credit , constraints on public finances , and in view of the need to underpin europe ' s economic recovery . financial instruments , driven by market demand , will benefit projects with similar financing needs and , thanks to synergies between the sectors , should produce greater benefits in terms of market impact , administrative efficiency and resource utilisation .


### the connecting europe facility should propose financial instruments to promote substantial participation by the private sector investors and financial institutions in infrastructure investment . to be sufficiently attractive to the private sector , financial instruments should be designed and implemented with due regard to simplification and reduction of administrative burden , while with a level of flexibility in mind to be able to respond to identified financing needs in a flexible manner . the design of these instruments should draw from the experience gained in the implementation of financial instruments in the 2007 - 2013 multi - annual financial framework , such as the loan guarantee instrument for ten - t projects , the risk sharing finance facility and the 2020 european fund for energy , climate change , and infrastructure . ### the connecting europe facility should propose financial instruments to promote substantial participation by the private sector investors and financial institutions in infrastructure investment . to be sufficiently attractive to the private sector , financial instruments should be designed and implemented with due regard to simplification and reduction of administrative burden , while with a level of flexibility in mind to be able to respond to identified financing needs in a flexible manner . the design of these instruments should draw from the experience gained in the implementation of financial instruments in the 2007 - 2013 multi - annual financial framework , such as the loan guarantee instrument for ten - t projects , the risk sharing finance facility , the 2020 european fund for energy , climate change , and infrastructure and the europe 2020 project bond initiative .


### in order to ensure sectorial diversification of beneficiaries of financial instruments as well as encourage gradual geographical diversification across the member states , the commission in partnership with the eib , through joint initiatives such as the european ppp expertise centre and jaspers , should provide support to the member states in developing an appropriate pipeline of projects that could be considered for project financing . ### in order to ensure sectorial diversification of beneficiaries of financial instruments as well as encourage geographical diversification across the member states , and with particular attention to member states eligible for support from the cohesion fund , the commission in partnership with the eib , through joint initiatives such as the european ppp expertise centre and jaspers , should provide support to the member states in developing an appropriate pipeline of projects that could be considered for project financing .


### mid - term and ex - post evaluations should be carried out by the commission in order to assess the effectiveness and efficiency of the funding and its impact on the overall goals of the facility and the europe 2020 strategy ' s priorities . ### mid - term and ex - post evaluations should be carried out by the commission in order to assess the effectiveness and efficiency of the different types of financial support , its impact on the overall goals of the facility and the overall volume of public and private investment in projects of common interest , increasing the amount of investments towards the europe 2020 strategy ' s priorities .


### contribute to smart , sustainable and inclusive growth by developing modern and high performing trans - european networks , thus bringing forward benefits for the entire european union in terms of competitiveness and economic , social and territorial cohesion within the single market and creating an environment more conducive to private and public investment through a combination of financial instruments and union direct support and by exploiting synergies across the sectors . the achievement of this objective will be measured by the volume of public and private investment in projects of common interest , and in particular the volume of public and private investments in projects of common interest realised through the financial instruments under this regulation . ### contribute to smart , sustainable and inclusive growth by developing modern and high performing trans - european networks , thus bringing forward benefits for the entire european union in terms of competitiveness and economic , social and territorial cohesion within the single market and creating an environment more conducive to private and public investment through a combination of financial instruments and union direct support , where projects could benefit from a blending of instruments , and by exploiting synergies across the sectors . the achievement of this objective will be measured by the volume of public and private investment in projects of common interest , and in particular the volume of public and private investments in projects of common interest realised through the financial instruments under this regulation .


### in the field of transport , only actions contributing to projects of common interest according to regulation no xxx / 2012 [ ten - t guidelines ] and programme support actions , shall be eligible for support through union financial aid in the form of procurement and financial instruments under this regulation . in the form of grants , only the following actions shall be eligible to receive union financial aid under this regulation : ### in the field of transport , only actions contributing to projects of common interest according to regulation no xxx / 2012 [ ten - t guidelines ] and programme support actions , shall be eligible for support through union financial aid in the form of procurement and financial instruments under this regulation . in order to ensure the largest possible geographical balance also in the use of financial instruments , notably through the programme support actions referred to paragraph 1 , the commission shall , where appropriate , provide administrative support , strengthening member states ' capacity to develop an adequate pipeline of projects for such instruments . in the form of grants , only the following actions shall be eligible to receive union financial aid under this regulation :


### co - financing rates may be increased to a maximum of 80% for actions which based on the evidence referred to in article 15 of regulation no xxxx / 2012 [ guidelines for energy infrastructure ] , provide a high degree of regional or union - wide security of supply , or strengthen solidarity of the union or comprise highly innovative solutions . ### co - financing rates may be increased to a maximum of 80% for actions which based on the evidence referred to in article 15 of regulation no xxxx / 2012 [ guidelines for energy infrastructure ] , provide a high degree of regional or union - wide security of supply , or strengthen solidarity of the union or comprise highly innovative solutions , in particular within the field of renewable energy .


### applicable rules for the transport sector under this regulation shall apply to these specific calls . when implementing these calls , greatest possible priority shall be given to projects respecting the national allocations under the cohesion fund . ### applicable rules for the transport sector under this regulation shall apply to these specific calls . with a view to ensure , to the largest possible extent , geographical balance , the commission shall , when implementing these calls , support member states eligible to the cohesion fund and strengthen , where appropriate , their administrative capacity to develop an adequate pipeline of projects , to ensure that greatest possible priority is given to projects respecting the national allocations under the cohesion fund , but also in order to support these member states in applications for the eur 21 . 7 billion available for all member states .


### loans and / or guarantees facilitated by risk - sharing instruments , including enhancement mechanism to project bonds , issued by a financial institution on its own resources with a union contribution to the provisioning and / or capital allocation ; ### loans and / or guarantees facilitated by risk - sharing instruments , including enhancement mechanism to project bonds , backing individual projects or portfolios of projects issued by a financial institution on its own resources with a union contribution to the provisioning and / or capital allocation ;


### actions supported by means of financial instruments s shall be selected on a first come first served basis and shall seek sectoral diversification in accordance with articles 3 and 4 as well as gradual geographical diversification across the member states . ### actions supported by means of financial instruments shall be selected , all other things being equal , on a first come first served basis and shall seek sectoral diversification in accordance with articles 3 and 4 as well as geographical diversification across the member states .


### the financial instruments shall aim to preserve the value of assets provided by the union budget . the may generate acceptable returns to meet the objectives of other partners or investors . ### the financial instruments shall aim to enhance the leverage effect of the spending provided from the union budget , attracting additional resources from public as well as private investors . they may generate acceptable returns to meet the objectives of other partners or investors .


### financial instruments may be combined with grants funded from the union budget , including under this regulation . ### different types of financial instruments may be combined with each other and / or grants funded from the union budget , including under this regulation .


### no later than mid - 2018 , an evaluation report shall be established by the commission on the achievement of the objectives of all the measures , the efficiency of the use of resources and its european added value , in view of a decision on the renewal , modification or suspension of the measures . the evaluation shall additionally address the scope for simplification , its internal and external coherence , the continued relevance of all objectives , as well as the contribution of the measures to the union priorities of smart , sustainable and inclusive growth . it shall take into account evaluation results on the long - term impact of the predecessor measures . ### no later than mid - 2018 , an evaluation report shall be established by the commission on the achievement of the objectives of all the measures , the efficiency of the use of resources and its european added value , in view of a decision on the renewal , modification or suspension of the measures . the evaluation shall additionally address the scope for simplification , its internal and external coherence , the continued relevance of all objectives , as well as the contribution of the measures to the union priorities of smart , sustainable and inclusive growth . it shall take into account evaluation results on the long - term impact of the predecessor measures . furthermore , the commission shall in that evaluation make an assessment of future steps to be taken in order to enhance the efficiency of union spending as well as to increase investment volumes towards priority projects . that assessment shall also examine , inter alia , how to make financial instruments even more attractive to a wider range of long - term investors , including public ones and&#160 ; how to widen the scope of projects eligible , including&#160 ; the option of issuing european public bonds guaranteed by the union budget and the possible&#160 ; development of equity instruments to finance union infrastructure .


### the results of the stakeholder consultation and discussions with international partners indicate that a staged approach for the inclusion of maritime transport emissions in the union ' s greenhouse gas reduction commitment should be applied with the implementation of a robust mrv system for co2 emissions from maritime transport as a first step and the pricing of these emissions at a later stage . this approach facilitates making significant progress at international level on the agreement of greenhouse gas emission reduction targets and further measures to achieve these reductions at minimum cost . ### the results of the stakeholder consultation and discussions with international partners indicate that a staged approach for the inclusion of maritime transport emissions in the union ' s greenhouse gas reduction commitment should be applied with the implementation of a robust mrv system for only co2 emissions at this stage from maritime transport as a first step and the pricing of these emissions at a later stage . this approach facilitates making significant progress at international level on the agreement of greenhouse gas emission reduction targets and further measures to achieve these reductions at minimum cost .


### all intra - union voyages , all incoming voyages from the last non - union port to the first union port of call and all outgoing voyages from a union port to the next non - union port of call should be considered relevant for purposes of monitoring . co2 emissions in union ports including when ships are at berth or move within a port , should be covered as well , in particular as specific measures for their reduction or avoidance are available . these rules should be applied in a non - discriminatory manner to all ships regardless of their flag . ### all intra - union voyages , all incoming voyages from the last non - union port to the first union port of call and all outgoing voyages from a union port to the next non - union port of call should be considered relevant for purposes of monitoring . emissions in union ports including when ships are at berth or move within a port , should be covered as well , in particular as specific measures for their reduction or avoidance are available . these rules should be applied in a non - discriminatory manner to all ships regardless of their flag , after the commission has established that third countries have not expressed a reservation .


### verification by accredited verifiers should ensure that monitoring plans and emission reports are correct and in compliance with the requirements defined by this regulation . as an important element to simplify verification , verifiers should check data credibility by comparing reported data with estimated data based on ship tracking data and characteristics . such estimates could be provided by the commission . verifiers should be independent and competent persons or legal entities and should be accredited by national accreditation bodies established pursuant to regulation no 765 / 2008 of the european parliament and of the council of 9 july 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing regulation no 339 / 9319 . __________________ 19 oj l 218 , 13 . 8 . 2008 , p . 30 . ### verification by accredited verifiers should ensure that monitoring plans and emission reports are correct and in compliance with the requirements defined by this regulation . therefore , competence requirements are essential for a verifier to be able to perform the verification activities under the regulation . as an important element to simplify verification , verifiers should check data credibility by comparing reported data with estimated data based on ship tracking data and characteristics . such estimates could be provided by the commission . verifiers should be independent and competent persons or legal entities and should be accredited by national accreditation bodies established pursuant to regulation no 765 / 2008 of the european parliament and of the council of 9 july 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing regulation no 339 / 9319 . __________________ 19 oj l 218 , 13 . 8 . 2008 , p . 30 .


### in order to make use of the best available practices and scientific evidence , the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission in respect of reviewing certain technical aspects of monitoring and reporting of co2 emissions from ships and of further specifying rules for the verification of emission reports and the accreditation of verifiers . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council . ### in order to make use of the best available practices and scientific evidence , the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission in respect of reviewing certain technical aspects of monitoring and reporting of only co2 emissions at this stage from ships and of further specifying rules for the verification of emission reports and the accreditation of verifiers . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council .


### ' emissions ' means the release of co2 into the atmosphere by ships as provided for in article 2 ; ### ' emissions ' means only the release of co2 into the atmosphere by ships as provided for in article 2 ;


### companies shall use standardised monitoring plans based on templates . technical rules establishing the templates for the monitoring plans referred to in paragraph 1 shall be determined by means of implementing acts . those implementing acts shall be adopted by the commission in accordance with the procedure referred to in article 25 of this regulation . ### companies shall use standardised templates to submit their monitoring plans . presentation and content of the templates for the monitoring plans referred to in paragraph 1 shall be determined by means of delegated acts . templates shall be as simple as possible and shall not entail needless bureaucracy . those delegated acts shall be adopted by the commission in accordance with the procedure referred to in article 24 of this regulation .


### total co2 emitted ; ### only total co2 emitted ;


### co2 emissions which occurred within ports under a member state ' s jurisdiction at berth ; ### only co2 emissions which occurred within ports under a member state ' s jurisdiction at berth ;


### co2 emitted ; ### only co2 emitted ;


### by 30 june each year , the commission shall make publicly available the emissions reported in accordance with article 11 and information on the company ' s compliance with the monitoring and reporting requirements set out in articles 11 and 17 . ### by 30 june each year , the commission shall make publicly available aggregated data on the emissions reported in accordance with article 11 and information on the company ' s compliance with the monitoring and reporting requirements set out in articles 11 and 17 .


### annual co2 emissions ; ### only annual co2 emissions ;


### the power to adopt delegated acts in order to supplement and amend the provisions of annexes i and ii to take into account up - to - date scientific evidence available , as well as the relevant data available on board of ships and the relevant international rules and internationally accepted standards , to identify the most accurate and efficient methods for monitoring of emissions , and to improve the accuracy of the information requested related to the monitoring and reporting of emissions is conferred on the commission subject to the conditions laid down under article 24 to the extent it concerns non - essential elements of this regulation . ### the commission shall be empowered to adopt delegated acts in accordance to article 24 amending annex i to adapt the monitoring methods to scientific and technical progress and internationally accepted standards in order to improve the reliability , validity and accuracy of the emission data . the commission shall be empowered to adopt delegated acts in accordance to article 24 amending annex ii to further specify and adapt the monitoring of climate - relevant information methods to scientific and technical progress and internationally accepted standards in order to improve the reliability , validity and accuracy of the emission data .


### the power to adopt delegated acts referred to in articles 15 , 16 and 23 shall be conferred on the commission for a period of five years from 1 july 2015 . ### the power to adopt delegated acts referred to in articles 12 a , 15 , 16 and 23 shall be conferred on the commission for a period of five years from [ dd / mm / yyyy ] [ date of entry into force of this regulation ] . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the 5 - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### the delegation of power referred to in article 23 may be revoked at any time by the european parliament or by the council . a decision of revocation shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force . ### the delegation of power referred to in article 12 a , 15 , 16 and 23 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force .


### a delegated act adopted pursuant to article 23 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or the council . ### a delegated act adopted pursuant to article 12 a , 15 , 16 and 23 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or the council .


### gas consumption in europe has increased rapidly during the last ten years . with decreasing domestic production , gas imports have increased even more rapidly , thus creating a higher import dependence and the need to address security of supply aspects . ### gas consumption in europe has increased rapidly during the last ten years . with decreasing domestic production , gas imports have increased even more rapidly , thus creating a higher import dependence and the need to address security of supply aspects . some member states , owing to the domination of natural gas in the energy mix , find themselves in an ' energy island ' when it comes to high dependency on gas imports from third countries and an absence of infrastructure connections with the rest of the eu .


### having regard to the treaty on the functioning of the european union , and in particular article 79 and thereof , ### having regard to the treaty on the functioning of the european union , and in particular article 79 and and article 153 , and thereof ,


### this directive should be applied without prejudice to the principle of union preference as regards access to member states’ labour market as expressed in the relevant provisions of acts of accession . according to that principle , the member states should , during any period when national measures or those resulting from bilateral agreements are applied , give preference to workers who are nationals of the member states over workers who are nationals of third - countries as regards access to their labour market . ### this directive should be applied without prejudice to the principle of union preference as regards access to member states’ labour market as expressed in the relevant provisions of acts of accession . according to that principle , the member states should , during any period when national measures or those resulting from bilateral agreements are applied , give preference to workers who are their own nationals or are nationals of other member states over workers who are nationals of third - countries as regards access to their labour market .


### for the purpose of this directive , intra - corporate transferees encompass managers , specialists and graduate trainees with a higher education qualification . their definition builds on specific commitments of the union under the general agreement on trade in services and bilateral trade agreements . those commitments undertaken under the general agreement on trade in services do not cover conditions of entry , stay and work . therefore , this directive complements and facilitates the application of those commitments . however , the scope of the intra - corporate transfers covered by this directive is broader than that implied by trade commitments , as the transfers do not necessarily take place within the services sector and may originate in a third country which is not party to a trade agreement . ### for the purpose of this directive , intra - corporate transferees encompass managers , specialists and graduate trainees with higher professional qualifications , a higher education qualification and professional experience . the requirement of professional experience should not be applied to graduate trainees . intra - corporate transferees are to be employed in highly qualified employment . their definition builds on specific commitments of the union under the general agreement on trade in services , bilateral trade agreements and council directive 2009 / 50 / ec of 25 may 2009 on the conditions of entry and residence of third - country nationals for the purposes of highly qualified employment1 . those commitments undertaken under the general agreement on trade in services do not cover conditions of entry , stay and work . therefore , this directive complements and facilitates the application of those commitments . this directive is intended to fulfil the needs of undertakings established in the union but not the supply of services within the meaning of the general agreement on trade in services . however , the scope of the intra - corporate transfers covered by this directive is broader than that implied by trade commitments , as the transfers do not necessarily take place within the services sector and may originate in a third country which is not party to a trade agreement . _____________ 1 oj l 155 , 18 . 6 . 2009 , p . 17 .


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


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


### texte proposé par la commission ‘ graduate trainee’ means any person with a higher education qualification who is transferred to broaden his / her knowledge of and experience in a company in preparation for a managerial position within the company ; ### ‘ graduate trainee’ means any person with a higher education qualification who is transferred to broaden his / her knowledge of and experience in a company in preparation for a managerial position with a view to entering into a permanent contract within the company , and whose tasks in the company are consistent with the higher education which that person has completed ;


### without prejudice to existing bilateral agreements , provisions in national law regarding the branches of social security defined in article 3 of regulation no 883 / 2004 . in the event of mobility between member states and without prejudice to existing bilateral agreements , council regulation no 859 / 2003 shall apply accordingly ; ### branches of social security as defined in regulation no 883 / 2004 ;


### without prejudice to regulation no 859 / 2003 and to existing bilateral agreements , payment of statutory pensions based on the worker’s previous employment when moving to a third country ; ### third - country workers moving to a third country , or the survivors of such workers residing in a third - country deriving rights from the worker , shall receive , in relation to old - age , invalidity and death , statutory pensions based on the workers’ previous employment and acquired in accordance with the legislation set out in article 3 of regulation no 883 / 2004 , under the same conditions and at the same rates as the nationals of the member states concerned when they move to a third country ;


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


### in a consistent and adequate way for users ' perception , operation and understanding , including adaptability of content presentation and interaction , when necessary , providing an accessible electronic alternative ; ### in a consistent and adequate way for users ' perception , operation and understanding , involving persons with disabilities and the elderly , as well as their representative organisations , including adaptability of content presentation and interaction , when necessary , providing an accessible electronic alternative ;


### member states shall support appropriate mechanisms for consultations on web - accessibility with relevant stakeholders and make public any developments in web - accessibility policy together with the experiences and findings from the implementation of conformity of web - accessibility requirements . ### member states shall support appropriate mechanisms for consultations on web - accessibility with relevant stakeholders and organisations representing the interests of people with disabilities and of the elderly , and make public any developments in web - accessibility policy together with the experiences and findings from the implementation of conformity of web - accessibility requirements .


### the commission shall be assisted by a committee . that committee shall be a committee within the meaning of regulation no 182 / 2011 . ### the commission shall be assisted by a committee . persons with disabilities , the elderly , and their representative organisations shall be involved in the advisory committee to examine any future specifications in the requirements for web - accessibility . that committee shall be a committee within the meaning of regulation no 182 / 2011 .


### for the purpose of this directive , the model devised by the commission for calculating traffic - based air and noise pollution external costs provides reliable methods and a range of unit values which may already serve as a basis for the calculation of external cost charges . ### for the purpose of this directive , the model devised by the commission for calculating the external costs provides reliable methods and a range of unit values which can already serve as a basis for the calculation of external cost charges .


### time - based user charges levied on a daily , weekly , monthly or annual basis should however not discriminate against occasional users , since a high proportion of such users are likely to be non - national hauliers . a more detailed ration between daily , weekly , monthly and annual rates should therefore be fixed for heavy goods vehicles . ### time - based user charges constitute a transitional system for already applying the ' user pays ' principle when a charging system based on distance travelled , which better reflects the actual use of infrastructure , cannot yet be implemented . time - based user charges levied on a daily , weekly , monthly or annual basis should however not discriminate against occasional users , since a high proportion of such users are likely to be non - national hauliers . a more detailed ration between daily , weekly , monthly and annual rates should therefore be fixed for heavy goods vehicles .


### the use of electronic tolling systems is desirable to avoid disruption of the free flow of traffic and to prevent adverse effects on the local environment caused by queues at toll barriers . it is therefore desirable to levy an external - cost charge by means of such systems , in compliance with directive 2004 / 52 / ec of the european parliament and of the council of 29 april 2004 on the interoperability of electronic road toll systems in the community . ### the use of electronic tolling systems is desirable to avoid disruption of the free flow of traffic and to prevent adverse effects on the local environment caused by queues at toll barriers . it is therefore desirable to levy an external - cost charge by means of such systems , in compliance with directive 2004 / 52 / ec of the european parliament and of the council of 29 april 2004 on the interoperability of electronic road toll systems in the community . it is important that the objective of this directive should be attained in a way which does not harm the proper functioning of the internal market . the commission should therefore monitor progress made in the framework of directive 2004 / 52 / ec to implement within the agreed dates a genuine european electronic toll service which limits the number of electronic toll devices in the vehicle to one unit and which is fully compatible with the toll networks of all member states . the commission should furthermore support member states which wish to cooperate in order to introduce a common system for tolls applicable to their combined territories as a whole .


### when implementing alternative scientific methods for calculating external cost - charges , member states should be able to take into account the values of monetary costs of externalities that are provided by the study ' handbook on estimation of external costs in the transport sector ' , which gives an overview of the state of the art in the theory and practice of estimating external costs . ### when implementing alternative scientific methods for calculating external cost charges , member states should take into account the methods to calculate the values of monetary costs of externalities that are provided by the study “handbook on the estimation of external cost in the transport sector” which gives an overview of the state of the art in the theory and practice of estimating external costs .


### a member state may choose to apply tolls and / or user charges only to vehicles having a maximum permissible laden weight of not less than 12 tonnes if it considers that an extension to vehicles of less than 12 tonnes would , amongst others : create significant adverse effects on the free flow of traffic , the environment , noise levels , congestion , health , or road safety due to traffic diversion ; involve administrative costs of more than 30 % of the additional revenue which would have been generated by that extension . ### a member state may choose to apply tolls and / or user charges only to vehicles having a maximum permissible laden weight of not less than 12 tonnes if it considers that an extension to vehicles of less than 12 tonnes would : create significant adverse effects on the free flow of traffic , the environment , noise levels , congestion , health , or road safety due to traffic diversion ; or involve administrative costs of more than 30 % of the additional revenue which would have been generated by that extension . member states choosing to apply tolls and / or user charges only to vehicles having a maximum permissible laden weight of not less than 12 tonnes shall inform the commission of their decision and on the reasons therefor .


### member states shall determine the use of revenues generated by this directive . the revenues generated from external - cost charges , or the equivalent in financial value of these revenues , should be used to benefit the transport sector , to make transport more sustainable and optimise the entire transport system , including the following : ### member states shall determine the use of revenues generated by this directive . the revenues generated from external - cost charges , or the equivalent in financial value of these revenues , shall be used only to benefit the road transport sector , to make it more sustainable and optimise the entire road transport system , including the following :


### the commission shall adopt delegated acts in accordance with article 290 of the treaty on the functioning of the european union as regards : - the adaptation of annex 0 to the union acquis ; - the adaptation of the formulas of sections 4 . 1 and 4 . 2 in annex iiia to scientific and technical progress . the procedures set out in articles 9e , 9f and 9g shall apply to the delegated acts referred to in this article . ### the commission shall adopt delegated acts in accordance with article 290 of the treaty on the functioning of the european union as regards : - the adaptation of annex 0 to the union acquis ; - the adaptation of the formulas of sections 4 . 1 and 4 . 2 in annex iiia and calculation methods of sections 2 and 3 in annex iii to scientific and technical progress . the procedures set out in articles 9e , 9f and 9g shall apply to the delegated acts referred to in this article .


### by &#8230 ; * , and every four years thereafter , member states which levy an external - cost charge and / or an infrastructure charge shall draw up a report on tolls , including concession tolls , levied on their territory and shall forward it to the commission which shall make it available to the other member states . that report may exclude tolling arrangements that were already in place on 10 june 2008 and which do not include external - cost charges , as long as those arrangements remain in force and provided that they are not substantially amended . that report shall comprise information&#160 ; on : the weighted average external - cost charge and the specific amounts levied for each combination of class of vehicle , type of road and period of time ; the variation of infrastructure charges according to the type of vehicles and time ; and the weighted average infrastructure cost charge and total revenue raised through the infrastructure charge . * oj : please insert date : 48 months after the entry into force of this directive . ### by &#8230 ; * , and every four years thereafter , member states which levy an external - cost charge and / or an infrastructure charge shall draw up a report on tolls , including concession tolls , levied on their territory and shall forward it to the commission which shall make it available to the other member states . that report may exclude tolling arrangements that were already in place on 10 june 2008 and which do not include external - cost charges , as long as those arrangements remain in force and provided that they are not substantially amended . that report shall comprise information&#160 ; on : the weighted average external - cost charge and the specific amounts levied for each combination of class of vehicle , type of road and period of time ; the variation of infrastructure charges according to the type of vehicles and time ; and the weighted average infrastructure cost charge and total revenue raised through the infrastructure charge . * oj : please insert date : 36 months after the entry into force of this directive .


### by …* , the commission , assisted by the committee referred to in article 9d , shall present a report to the european parliament and the council on the implementation and effects of this directive , in particular as regards the effectiveness of the provisions on the recovery of the costs related to traffic - based pollution , and on the inclusion of vehicles of more than 3 , 5 and less than 12 tonnes . the report shall also analyse , based on continuous monitoring , and assess , amongst others : * oj : please insert date : 60 months after the entry into force of this directive . ### by …* , the commission , assisted by the committee referred to in article 9d , shall present a report to the european parliament and the council on the implementation and effects of this directive , in particular as regards the effectiveness of the provisions on the recovery of the costs related to traffic - based pollution , and on the inclusion of vehicles of more than 3 , 5 and less than 12 tonnes . the report shall also analyse , based on continuous monitoring , and assess , amongst others : * oj : please insert date : 48 months after the entry into force of this directive .


### in order to ensure a fair intermodal competition while gradually charging the external costs of all transport modes , it shall include a timetable of the measures which remain to be taken to address the modes of transport and / or the external cost elements not taken into account yet . ### in order to ensure a fair intermodal competition while gradually charging the external costs of all transport modes , it shall include a timetable of the measures which remain to be taken to address other categories of vehicles , or other modes of transport and / or the external cost elements not taken into account yet , especially the cost of co2 emissions , should the definition of a common fuel tax element related to climate change not have yielded satisfactory results , the cost of congestion and accidents and the cost of biodiversity loss .


### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive by &#8230 ; * . they shall forthwith communicate to the&#160 ; commission the text of those provisions . * oj : please insert date : 36 months after the entry into force of this directive . ### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive by &#8230 ; . they shall forthwith communicate to the commission the text of those provisions and a table illustrating the correlation between them and this directive . * oj : please insert date : 24 months after the entry into force of this directive .


### where the holder of the registration certificate moves his normal residence to another member state , he shall request registration of a vehicle registered in another member state within a period of six months following his arrival . ### where the holder of the registration certificate moves his normal residence to another member state he shall : inform the competent registration authority of that member state immediately ; request registration of a vehicle registered in another member state within a period of three months following his arrival .


### assistance under this regulation should be provided in accordance with the enlargement policy framework defined by the union for each beneficiary country reflected in the annual enlargement package of the commission , which includes the progress reports and the enlargement strategy , in the stabilisation and association agreements and in the european or accession partnerships . assistance should mainly focus on a limited number of policy areas that will help beneficiary countries strengthen democratic institutions and the rule of law , reform the judiciary and public administration , respect fundamental rights and promote gender equality and non - discrimination . it should also enhance their economic and social development , underpinning a smart , sustainable and inclusive growth agenda in line with the europe 2020 strategy and to align progressively with the copenhagen criteria . the coherence between the financial assistance and the overall progress made in the implementation of the pre - accession strategy should be strengthened . ### assistance under this regulation should be provided in accordance with the enlargement policy framework defined by the union for each beneficiary country reflected in the annual enlargement package of the commission , which includes the progress reports and the enlargement strategy , in the stabilisation and association agreements and in the european or accession partnerships . assistance should mainly focus on a limited number of policy areas that will help beneficiary countries strengthen democratic institutions and the rule of law , reform the judiciary and public administration , respect fundamental rights , promote gender equality and non - discrimination and tackle corruption and organised crime . it should also enhance their economic and social development , underpinning a smart , sustainable and inclusive growth agenda in line with the europe 2020 strategy and to align progressively with the copenhagen criteria . the coherence between the financial assistance and the overall progress made in the implementation of the pre - accession strategy should be strengthened .


### while regulation no … / …of the european parliament and of the council of … . establishes common rules and procedures for the implementation of the union ' s instruments for external action , delegated powers to adopt more detailed rules establishing uniform conditions for implementing this regulation , in particular as regards management structures and procedures , should also be conferred on the commission . such rules should take into account the lessons learnt from the management and implementation of past pre - accession assistance and be adapted to the evolution of the situation in the beneficiary countries . ### while regulation no … / …of the european parliament and of the council of … . establishes common rules and procedures for the implementation of the union ' s instruments for external action , delegated powers to adopt more detailed rules establishing uniform conditions for implementing this regulation , in particular as regards management structures and procedures , should also be conferred on the commission . such rules should take into account the lessons learnt from the management and implementation of past pre - accession assistance and be adapted to the evolution of the situation in the beneficiary countries . it should be stressed , however , that the commission should make use of delegated acts only where necessary , thus safeguarding the european parliament’s right to deliver an opinion on the measures proposed by the commission


### assistance should continue to make use of the structures and instruments that have proved their worth in the pre - accession process . the transition from direct management of pre - accession funds by the commission to decentralised management delegated to the beneficiary countries should be progressive and in line with each beneficiary country ' s capacities . ### assistance should continue to make use of the structures and instruments that have proved their worth in the pre - accession process . the transition from direct management of pre - accession funds by the commission to decentralised management delegated to the beneficiary countries should be progressive and in line with each beneficiary country ' s capacities . in order to fight corruption , transparency , good management , prevention of misconduct , compliance and monitoring , accountability and control should be increased and stronger auditing measures should be adopted during this process .


### public administration reform and good governance ; ### public administration reform , good governance and improvement of institutional capacity ;


### support for economic , social and territorial development , with a view to a smart , sustainable and inclusive growth , inter alia through : ### support for economic , social and territorial development , with a view to a smart , sustainable and inclusive growth and increased cooperation between member states and candidate or potential candidate countries to encourage the exchange of experience and knowledge concerning union legislation and administration , inter alia through :