### furthermore , these factors compound europe ' s relative unattractiveness in the global competition for scientific talent . the ability of the us system to offer more resources per researcher and better career prospects explains how it continues to attract the best researchers from across the world , including tens of thousands from the union . ### furthermore , these factors compound europe ' s relative unattractiveness in the global competition for scientific talent . the ability of the us system to offer more resources per researcher , better research infrastructures and better career prospects explains how it continues to attract the best researchers from across the world , including tens of thousands from the union .


### the fundamental activity of the erc shall be to provide attractive long - term funding to support excellent investigators and their research teams to pursue ground - breaking , high - gain / high - risk research . ### the fundamental activity of the erc shall be to provide attractive long - term funding to support excellent investigators and their research teams to pursue ground - breaking , high - gain / high - risk research . from this point of view research as a scientific procedure should be recognized without exceptions in all fields of human knowledge .


### erc funding shall be awarded in accordance with the following well - established principles . scientific excellence shall be the sole criterion on which erc grants are awarded . the erc shall operate on a ‘ bottom - up’ basis without predetermined priorities . the erc grants shall be open to individual teams of researchers of any age and from any country in the world , working in europe . and the erc shall aim to foster healthy competition across europe . ### erc funding shall be awarded in accordance with the following well - established principles . scientific excellence in any field of knowledge shall be the sole criterion on which erc grants are awarded . the erc shall operate on a ' bottom - up ' basis without predetermined priorities . the erc grants shall be open to individual teams of researchers of any age and from any country in the world , working in europe . the erc shall aim to foster healthy competition across europe and will ensure unconscious gender bias is properly tackled in evaluation procedures .


### key activities shall be to provide excellent and innovative training to early - stage researchers at post - graduate level via interdisciplinary projects or doctoral programmes involving universities , research institutions , businesses , smes and other socio - economic groups from different countries . this will improve career prospects for young post - graduate researchers in both the public and private sectors . ### key activities shall be to provide excellent and innovative training to early - stage researchers at post - graduate level via interdisciplinary projects or doctoral programmes allowing researchers to develop their research curriculum and involving universities , research institutions , businesses , smes and other socio - economic groups from different countries . this will develop and improve career prospects for young post - graduate researchers in both the public and private sectors .


### research infrastructures are key determinants of europe ' s competitiveness across the full breadth of scientific domains and essential to science - based innovation . in many fields research is impossible without access to supercomputers , radiation sources for new materials , clean rooms for nanotechnologies , databases for genomics and social sciences , observatories for earth sciences , broadband networks for transferring data , etc . research infrastructures are necessary to carry out the research needed to address grand societal challenges — energy , climate change , bio - economy and lifelong health and wellbeing for all . they propel collaboration across borders and disciplines and create a seamless and open european space for online research . they promote mobility of people and ideas , bring together the best scientists from across europe and the world and enhance scientific education . they drive excellence within the european research and innovation communities and can be outstanding showcases of science for society at large . ### research infrastructures are key determinants of europe ' s competitiveness across the full breadth of scientific domains and essential to science - based innovation . in many fields research is impossible without access to supercomputers , radiation sources for new materials , clean rooms for nanotechnologies , databases for genomics , social sciences and humanities , observatories for earth sciences , broadband networks for transferring data , etc . research infrastructures are necessary to carry out the research needed in the field of human sciences such as archaeology , archaeometry , palaeography , anthropology , palaeobotany . they are also a necessary prerequisite for the conduct of research for the preservation of cultural heritage . moreover , research infrastructures are necessary to carry out the research needed to address grand societal challenges – energy , climate change , bio - economy and lifelong health and wellbeing for all . they propel collaboration across borders and disciplines and create a seamless and open european space for online research . they promote mobility of people and ideas , bring together the best scientists from across europe and the world and enhance scientific education . they drive excellence within the european research and innovation communities and can be outstanding showcases of science for society at large .


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


### europe is confronted with major socio - economic challenges which significantly affect its future - such as growing economic and cultural interdependencies , ageing , social exclusion and poverty , inequalities and migration flows , closing the digital divide , fostering a culture of innovation and creativity in society and enterprises , as well ensuring security and freedom , trust in democratic institutions and between citizens within and across borders . these challenges are enormous and they call for a common european approach . ### europe is confronted with major socio - economic challenges which significantly affect its future , such as growing economic and cultural interdependencies , ageing and demographic change , social exclusion and poverty , inequalities and migration flows , closing the digital divide , fostering a culture of innovation and creativity in society and enterprises , as well as ensuring trust in democratic institutions and between citizens within and across borders . moreover the role of public social policies in europe is increasingly perceived as a critical element for the sustainability of the european social model itself . these challenges are enormous and they call for an increasingly complex mix of diverse as well as common european approaches , based upon shared scientific knowledge that only the social sciences and humanities can provide .


### the aim is to enhance solidarity as well as social , economic and political inclusion and positive inter - cultural dynamics in europe and with international partners , through cutting - edge science and interdisciplinarity , technological advances and organisational innovations . humanities research can play an important role here . research shall support policymakers in designing policies that combat poverty and prevent the development of various forms of divisions , discriminations and inequalities in european societies , such as gender inequalities or digital or innovation divides , and with other world regions . it shall in particular feed into the implementation and the adaptation of the europe 2020 strategy and the broad external action of the union . specific measures shall be taken to unlock excellence in less developed regions , thereby widening participation in horizon 2020 . ### the aim is to enhance solidarity as well as social , economic and political inclusion and positive inter - cultural dynamics in europe and with international partners , through cutting - edge science and interdisciplinarity , technological advances and organisational innovations . research in the field of human and social sciences can play an important role here . research in the field of humanites shall reveal , develop , preserve and designate the multidimentional european cultural heritage by creating new scientific disciplines , thus new innovation fields and jobs . research in social sciences shall support policymakers in designing policies that combat poverty and prevent the development of various forms of divisions , discriminations and inequalities in european societies , such as gender inequalities or digital or innovation divides , and with other world regions . it shall in particular feed into the implementation and the adaptation of the europe 2020 strategy and the broad external action of the union . specific measures shall be taken to unlock excellence in less developed regions , thereby widening participation in horizon 2020 .


### the aim is to enhance solidarity as well as social , economic and political inclusion and positive inter - cultural dynamics in europe and with international partners , through cutting - edge science and interdisciplinarity , technological advances and organisational innovations . humanities research can play an important role here . research shall support policymakers in designing policies that combat poverty and prevent the development of various forms of divisions , discriminations and inequalities in european societies , such as gender inequalities or digital or innovation divides , and with other world regions . it shall in particular feed into the implementation and the adaptation of the europe 2020 strategy and the broad external action of the union . specific measures shall be taken to unlock excellence in less developed regions , thereby widening participation in horizon 2020 . ### the aim is to enhance solidarity as well as social , economic and political inclusion and positive inter - cultural dynamics in europe and with international partners , through cutting - edge science and interdisciplinarity , technological advances and organisational innovations . humanities research should play a crucial role here . research shall support policymakers in designing policies that combat poverty and prevent the development of various forms of divisions , discriminations and inequalities in european societies , such as gender inequalities or digital or innovation divides , and with other world regions , for example on the basis of comparative studies of cultural and linguistic diversity and intercultural interaction . it shall in particular feed into the implementation and the adaptation of the europe 2020 strategy and the broad external action of the union . specific measures shall be taken to unlock excellence in less developed regions , thereby widening participation in horizon 2020 .


### in order to ensure consistency and legal clarity , the geographical scope for maritime spatial planning and integrated coastal management strategies should be defined in conformity with existing legislative instruments of the union and international maritime law . ### in order to ensure consistency and legal clarity , the geographical scope for maritime spatial planning and integrated coastal management strategies should be defined in conformity with existing legislative instruments of the member states , the union and international maritime law .


### while it is appropriate for the union to lay down rules on maritime spatial plans and integrated coastal management strategies , member states and their competent authorities remain responsible for designing and determining , within their marine waters and coastal zones , the content of such plans and strategies , including the apportionment of maritime space to the different sector activities . ### while it is appropriate for the union to create a framework for maritime spatial planning and integrated coastal management strategies , member states and their competent authorities remain responsible for designing and determining , within their marine waters and coastal zones , the content of such plans and strategies , including the apportionment of maritime space to the different sector activities .


### while it is appropriate for the union to lay down rules on maritime spatial plans and integrated coastal management strategies , member states and their competent authorities remain responsible for designing and determining , within their marine waters and coastal zones , the content of such plans and strategies , including the apportionment of maritime space to the different sector activities . ### while it is appropriate for the union to lay down rules on maritime spatial plans and integrated coastal management strategies , member states and their competent authorities remain responsible for designing and determining , within their marine waters and coastal zones , the content of such plans and strategies , including the apportionment of maritime space to the different sector activities , and must always act in accordance with european union legislation .


### maritime spatial planning and integrated coastal management should apply the ecosystem - based approach as referred to in article 1 of directive 2008 / 56 / ec so as to ensure that the collective pressure of all activities is kept within levels compatible with the achievement of good environmental status and that the capacity of marine ecosystems to respond to human - induced changes is not compromised , while enabling the sustainable use of marine goods and services by present and future generations . ### maritime spatial planning and integrated coastal management should apply a precautionary approach in addition to the ecosystem - based approach as referred to in article 1 of directive 2008 / 56 / ec so as to ensure that the collective pressure of all activities is kept within levels compatible with the achievement of good environmental status and with the conservation of natural resources , and that the capacity of marine ecosystems to respond to human - induced changes is not compromised , while enabling the sustainable use of marine goods and services by present and future generations .


### through maritime spatial plans and integrated coastal management strategies member states can reduce administrative burden and costs in support of their action to implement other relevant union legislation . the timelines for maritime spatial plans and integrated coastal management strategies should therefore be coherent with the timetables set out in other relevant legislation , especially : directive 2009 / 28 / ec , which requires that member state shall ensure that the share of energy from renewable sources in gross final consumption of energy in 2020 is at least 20 % and which identifies coordination of authorisation , certification and planning procedures , including spatial planning as an important contribution to achievement of the eu’s renewable energy targets ; directive 2008 / 56 / ec and annex a to decision 2010 / 477 / eu , which requires that member states shall take the necessary measures to achieve or maintain good environmental status in the marine environment by 2020 and which identify maritime spatial planning as a tool to support the ecosystem - based approach to the management of human activities in order to achieve good environmental status ; decision 884 / 2004 / ec of the european parliament and of the council amending decision no 1692 / 96 / ec on community guidelines for the development of the trans - european transport network which requires that the trans - european transport network shall be established by 2020 by integrating europe ' s land , sea and air transport infrastructure networks . ### through maritime spatial plans and integrated coastal management strategies member states can reduce administrative burden and costs in support of their action to implement other relevant union legislation . the timelines for maritime spatial plans and integrated coastal management strategies should therefore be coherent with the timetables set out in other relevant legislation , especially : directive 2009 / 28 / ec , which requires that member state shall ensure that the share of energy from renewable sources in gross final consumption of energy in 2020 is at least 20 % and which identifies coordination of authorisation , certification and planning procedures , including spatial planning as an important contribution to achievement of the eu’s renewable energy targets ; directive 2008 / 56 / ec and annex a to decision 2010 / 477 / eu , which requires that member states shall take the necessary measures to achieve or maintain good environmental status in the marine environment by 2020 and which identify maritime spatial planning as a tool to support the ecosystem - based approach to the management of human activities in order to achieve good environmental status ; directive 2008 / 56 / ec ; council directive 92 / 43 / eec of 21 may 1992 on the conservation of natural habitats and of wild fauna and flora1 ; council directive 79 / 409 / eec of 2 april 1979 on the conservation of wild birds2 ; decision 884 / 2004 / ec of the european parliament and of the council amending decision no 1692 / 96 / ec on community guidelines for the development of the trans - european transport network which requires that the trans - european transport network shall be established by 2020 by integrating europe ' s land , sea and air transport infrastructure networks . ____________________ 1 oj l 206 , 22 . 07 . 92 , p . 7 . 2oj l 103 , 25 . 04 . 79 , p . 1 .


### the provisions of this directive shall apply to marine waters and coastal zones . ### the provisions of this directive shall apply to marine waters and coastal zones , in compliance with existing union and national legislation .


### the provisions of this directive shall be without prejudice to member states ' competences for town and country planning . ### the provisions of this directive shall be without prejudice to member states ' competences for spatial planning .


### ‘ good environmental status’ means the environmental status referred to in article 3 of directive 2008 / 56 / ec . ### ‘ good environmental status’ means the environmental status referred to in article 3 of directive 2008 / 56 / ec and commission decision 2010 / 477 / eu .


### ensuring climate resilient coastal and marine areas . ### ensuring that coastal and marine areas are more resilient to climate change impacts .


### oil and gas extraction sites and infrastructures ; ### oil and gas – including shale gas – extraction sites and infrastructures ;


### nature conservation sites . ### nature and species protection and conservation sites , in accordance with union and national legislation , and surrounding areas ;


### utilisation of specific natural resources including installations for the extraction of energy and the production of renewable energy ; ### utilisation of specific natural resources including installations for the extraction and storage of energy and the production of renewable energy ;


### development of infrastructure , energy facilities , transport , ports , maritime works and other structures including green infrastructure ; ### development of infrastructure , energy facilities , transport , ports , maritime works , waste water treatment installations and other structures including green infrastructure ;


### member states shall establish means for the public participation of all interested parties at an early stage in the development of maritime spatial plans and integrated coastal management strategies . ### member states shall establish means for the public participation of all interested parties at an early stage in the development of maritime spatial plans and integrated coastal management strategies , in compliance with their national legal systems .


### member states shall organise the collection of the best available data and the exchange of information necessary for maritime spatial plans and integrated coastal management strategies . ### member states shall organise the collection of the best available data and the updating and exchange of information necessary for maritime spatial plans and integrated coastal management strategies , including through the establishment of a joint electronic platform .


### each member state bordering a coastal zone or maritime area of another member state shall cooperate to ensure that maritime spatial plans and integrated coastal management strategies are coherent and coordinated across the coastal zone or marine region and / or sub - region concerned . such cooperation shall in particular take into account issues of a transnational nature , such as cross - border infrastructure . ### each member state bordering a coastal zone or maritime area of another member state shall cooperate to ensure that maritime spatial plans and integrated coastal management strategies are coherent and coordinated across the coastal zone or marine region and / or sub - region concerned . such cooperation shall in particular take into account issues of a transnational nature , such as cross - border infrastructure and the environment .


### the galileo and egnos programmes shall cover all the activities needed to define , develop , validate , construct , operate , renew and improve the two european satellite navigation systems , namely the system established under the galileo programme and the egnos system , and to ensure their security . ### the galileo and egnos programmes shall cover the development of applications and all the activities needed to define , develop , validate , construct , operate , renew as well as to improve the two european satellite navigation systems , namely the system established under the galileo programme and the egnos system , and to ensure their security .


### this regulation lays down the rules in relation to the implementation and operation of the systems under the european satellite navigation programmes , in particular those relating to the governance and the financial contribution of the union . ### this regulation lays down the rules in relation to the implementation and operation of the systems under the european satellite navigation programmes throughout eu territory , in particular those relating to the governance and the financial contribution of the union .


### an exploitation phase comprising infrastructure management , maintenance , ongoing improvement , renewal and protection of the system , certification and standardisation operations associated with the programme , the supply and marketing of services and all other activities needed to develop the system and ensure that the programme runs smoothly ; the aim is for this phase to begin progressively between 2014 and 2015 with provision of the initial services . ### an exploitation phase ensuring the successful deployment of applications . it will comprise infrastructure management , maintenance , ongoing improvement , renewal and protection of the system , certification and standardisation operations associated with the programme , the supply and marketing of services and all other activities needed to develop the system and its applications , and ensure that the programme runs smoothly ; the aim is for this phase to begin progressively between 2014 and 2015 with provision of the initial services .


### to avoid possible abuse of dominance and long - term reliance on a single supplier ; ### to avoid possible abuse of dominance and reliance on a single supplier ;


### a conditional stage - payment contract includes a fixed stage which is accompanied by a budgetary commitment and one or more conditional stages . the tender documents refer to the specific features of conditional stage - payment contracts . in particular , they specify the subject - matter of the contract , the price or the arrangements for determining the price and the arrangements for provision of supplies and services at each stage . ### a conditional stage - payment contract includes a fixed stage which is accompanied by a budgetary commitment and a firm commitment regarding the execution of works and services contracted for this stage and one or more conditional budgetary and executory stages . the tender documents refer to the specific features of conditional stage - payment contracts . in particular , they specify the subject - matter of the contract , the price or the arrangements for determining the price and the arrangements for provision of supplies and services at each stage .


### in order to complete the technical tasks referred to in article 13 , the commission may have recourse to the necessary assistance , in particular the assistance of experts from the national agencies competent in the space sector , independent experts and bodies capable of providing impartial analyses and opinions on the progress of the programmes . ### in order to complete the technical tasks referred to in article 13 , the commission may have recourse to the necessary assistance , in particular the assistance of experts from the national agencies competent in the space sector , independent experts and bodies competent to provide impartial analyses and opinions on the progress of the programmes .


### the evaluation shall also address the scope for simplification , its internal and external coherence , the 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 previous measures . ### the evaluation shall also address technological developments in this area , the scope for simplification , its internal and external coherence , the 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 previous measures . .


### the power to adopt delegated acts referred to in articles 5 and 14 shall be conferred on the commission for an indeterminate period from 1 january 2014 . ### the power to adopt delegated acts referred to in articles 5 and 14 shall be conferred on the commission for a period of five years from 1 january 2014 . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - 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 from the date of entry into force of this regulation .


### these actions should be laid down in a consumer programme for the period 2014 – 2020 , providing a framework for funding union actions . in accordance with article 49 of council regulation no 1605 / 2002 of 25 june 2002 on the financial regulation applicable to the general budget of the european communities , this regulation is to provide the legal basis for the action and for the implementation of the programme . this regulation builds on and continues the actions funded under decision no 1926 / 2006 / ec of the european parliament and of the council of 18 december 2006 establishing a programme of community action in the field of consumer policy . ### these actions should be laid down in a consumer programme for the period 2014 – 2020 , providing a framework for funding union actions . in accordance with article 49 of council regulation no 1605 / 2002 of 25 june 2002 on the financial regulation applicable to the general budget of the european communities and its subsequent revision by regulation no xxx / 201y 1 , this regulation is to provide the legal basis for the action and for the implementation of the programme . this regulation builds on and continues the actions funded under decision no 1926 / 2006 / ec of the european parliament and of the council of 18 december 2006 establishing a programme of community action in the field of consumer policy . ________________ 1 com0815 .


### the aim of the programme is to support the policy objective of placing the empowered consumer at the centre of the internal market . the programme will do so by contributing to protecting the health , safety and economic interests of consumers , as well as to promoting their right to information , education and to organise themselves in order to safeguard their interests . the programme will complement , support and monitor the policies of member states ### the aim of the programme is to support the policy objective of placing the empowered consumer at the centre of the internal market . the programme will do so by contributing to protecting the health , safety and economic interests of consumers , as well as to promoting their right to information , education and to organise themselves in order to safeguard their interests . the programme will complement , support and monitor the policies of member states . the programme shall also complement and create synergies with other union instruments and policies , in particular under the 2014 - 2020 multiannual ' rights and citizenship ' programme which includes , as one of its objectives , the empowerment of consumers1 . ________________ 1 objective [ ] of regulation no . xxx . / 201y [ establishing for the period 2014 to 2020 the rights and citizenship programme ] .


### financial framework the financial envelope for the implementation of the programme shall be eur 197 , 000 , 000 in current prices ### budget the financial envelope for the implementation of the programme , within the meaning of point [ 17 ] of the interinstitutional agreement of xx / 201y between the european parliament , the council and the commission on cooperation in budgetary matters and sound financial management1 , shall be eur 197 , 000 , 000 in current prices . the annual appropriation shall be authorized by the budgetary authority . ________________ 1 oj… .


### the commission shall implement the programme by means of the management modes referred to in article 53 of regulation no 1605 / 2002 . ### the commission shall implement the programme by means of the management modes referred to in article 53 of regulation no 1605 / 2002 or its modified version under regulation no . xxx / 201y1 . ________________ 1 com0815 .


### the commission shall implement the programme by adopting annual work programmes in the form of implementing acts setting out the elements provided for in regulation no 1605 / 2002 and in particular : the implementation priorities and the actions to be undertaken , including the allocation of financial resources ; the essential selection and award criteria to be used to select the proposals receiving financial contributions ; the time schedule of the planned calls for tenders and calls for proposals ; where appropriate , the authorisation to use lump sums , standard scales of unit costs or flat - rate financing in line with regulation no 1605 / 2002 ; the criteria for assessing whether or not exceptional utility applies . ### the commission shall implement the programme by adopting annual work programmes in the form of implementing acts . those implementing acts should be adopted in accordance with regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission ' s exercise of implementing powers1 . those implementing acts shall set out the elements provided for in regulation no 1605 / 2002 as revised by regulation xxx / 201y and in particular : the implementation priorities and the actions to be undertaken , including the indicative allocation of financial resources ; the essential selection and award criteria to be used to select the proposals receiving financial contributions ; the time schedule of the planned calls for tenders and calls for proposals ; whenever possible , the authorisation to use lump sums , standard scales of unit costs or flat - rate financing in line with regulation no 1605 / 2002 as revised by regulation xxx / 201y ; the criteria for assessing whether or not exceptional utility applies . ________________ 1 oj l 55 , 28 . 2 . 2011 , p . 13 .


### no later then 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 programme ; ### no later then 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 programme . on the basis of this evaluation , and if appropriate , the commission may propose to the legislative authority to amend this regulation .


### financing for projects , regarding transport infrastructure , sustainable energy generation or distribution , social infrastructure , roll - out of new technologies and systems that reduce use of resources and energy or the further growth of smes , can be scarce . as the financial crisis has shown , complementing bank financing with a wider variety of financing sources that better mobilise capital markets could help tackle financing gaps . eltifs can play a crucial role in this respect . ### financing for projects , regarding transport infrastructure , sustainable energy generation or distribution , social infrastructure , roll - out of new technologies and systems that reduce use of resources and energy or the further growth of smes , can be scarce . as the financial crisis has shown , complementing bank financing with a wider variety of financing sources that better mobilise capital markets could help tackle financing gaps . eltifs can play a crucial role in this respect . for certain projects they could make use of resources such as innovative financial instruments to supplement public funding eroded by the sovereign debt crisis .


### in the absence of a regulation setting out rules on eltifs , diverging measures might be adopted at national level , which are likely to cause distortions of competition resulting from differences in investment protection measures . diverging requirements on portfolio composition , diversification and eligible assets , in particular the investment in commodities , create obstacles to the cross - border marketing of funds that focus on non - listed undertakings and real assets because investors cannot easily compare the different investment propositions offered to them . divergent national requirements also lead to different levels of investor protection . furthermore , different national requirements pertaining to investment techniques , such as the permitted levels of borrowing , use of derivative financial instruments , rules applicable to short selling or securities financing transactions lead to discrepancies in the level of investor protection . in addition , different requirements on redemption and / or holding periods impede the cross - border selling of funds investing in non - listed assets . those divergences can undermine the confidence of investors when considering investments in such funds , and reduce the scope for investors to choose effectively between various long - term investment opportunities . consequently , the appropriate legal basis for this regulation is article 114 of the treaty , as interpreted by consistent case law of the court of justice of the european union . ### in the absence of a regulation setting out rules on eltifs , diverging measures might be adopted at national level , which are likely to cause distortions of competition resulting from differences in investment protection measures . diverging requirements on portfolio composition , diversification and eligible assets , in particular the investment in commodities , create obstacles to the cross - border marketing of funds that focus on non - listed undertakings and real assets because investors cannot easily compare the different investment propositions offered to them . divergent national requirements also lead to different levels of investor protection . furthermore , different national requirements pertaining to investment techniques , such as the permitted levels of borrowing , use of derivative financial instruments , rules applicable to short selling or securities financing transactions lead to discrepancies in the level of investor protection . in addition , different requirements on redemption and / or holding periods impede the cross - border selling of funds investing in non - listed assets . by increasing legal uncertainty , those divergences can undermine the confidence of investors when considering investments in such funds , and reduce the scope for investors to choose effectively between various long - term investment opportunities . member states should accordingly not be allowed to stipulate additional requirements in the area covered by this regulation and the appropriate legal basis for this regulation should be article 114 of the treaty , as interpreted by consistent case law of the court of justice of the european union .


### given the specific characteristics of eltifs , as well as the targeted retail and professional investors it is important that solid transparency requirements be put in place that are capable of allowing prospective investors to make an informed judgement and be fully aware of the risks implied . in addition to the transparency requirements contained in directive 2011 / 61 / eu , eltifs should publish a prospectus the content of which should necessarily include all information required to be disclosed by collective investment undertakings of the closed - end type in accordance with directive 2003 / 71 / ec of the european parliament and of the council and commission regulation no 809 / 2004 . for the marketing of an eltif to retail investors it should be mandatory to publish a key information document in accordance with regulation no [ … ] of [ … ] of the european parliament and the council . furthermore , any marketing documents should explicitly draw attention to the risk profile of the eltif . ### given the specific characteristics of eltifs , as well as the targeted retail and professional investors it is important that solid transparency requirements be put in place that are capable of allowing prospective investors to make an informed judgement and be fully aware of the risks implied . in addition to the transparency requirements contained in directive 2011 / 61 / eu , eltifs should publish a prospectus the content of which should necessarily include all information required to be disclosed by collective investment undertakings of the closed - end type in accordance with directive 2003 / 71 / ec of the european parliament and of the council and commission regulation no 809 / 2004 . for the marketing of an eltif to retail investors it should be mandatory to publish a key information document in accordance with regulation no [ … ] of [ … ] of the european parliament and the council . furthermore , any marketing documents should explicitly draw attention to the risk profile of the eltif and mention any participation in instruments involving eu budgetary funds .


### esma should be able to exercise all the powers conferred under directive 2011 / 61 / eu with respect to this regulation . ### esma should be able to exercise all the powers conferred under directive 2011 / 61 / eu with respect to this regulation and be endowed with all resources necessary for this purpose , in particular human resources .


### the new uniform rules on eltifs respect the fundamental rights and observe the principles recognised in particular by the charter of fundamental rights of the european union and notably consumer protection , the freedom to conduct a business , the right to remedy and to a fair trial , and the protection of personal data . the new uniform rules on eltifs should be applied in accordance with those rights and principles , ### the new uniform rules on eltifs respect the fundamental rights and observe the principles recognised in particular by the charter of fundamental rights of the european union and notably access to services of general economic interest , consumer protection , the freedom to conduct a business , the right to remedy and to a fair trial , and the protection of personal data . the new uniform rules on eltifs should be applied in accordance with those rights and principles ,


### the eu aifm has not provided the documentation referred to in article 4 . ### the eu aifm has not provided the documentation referred to in article 4 , or any clarification or information requested thereunder .


### the life of the eltif shall be sufficient in length to cover the life - cycle of each of the individual assets of the eltif , measured according to the illiquidity profile and economic life - cycle of the asset , and the stated investment objective of the eltif . ### the life of the eltif shall be sufficient in length to cover the life - cycle of each of the individual assets of the eltif , measured according to the illiquidity profile and economic life - cycle of the asset , and the stated investment objective of the eltif . in this connection , if it emerges that the duration of the eltif is no longer adapted to asset life cycles or the profitability of the projects concerned by it , the eltif manager may , exceptionally , increase or reduce its life cycle . he shall , within a reasonable period , inform investors of the new eltif expiry date .


### investors shall always have the option to be repaid in cash . ### investors shall always have the option to be repaid in cash , subject to any restrictions applicable to cash payments in the various member states .


### esma shall have the powers necessary to carry out the tasks attributed to it by this regulation . ### esma shall have the powers and resources necessary to carry out the tasks attributed to it by this regulation .


### in order to attain its objectives , the copernicus programme should rely on an autonomous union’s capacity for space - borne observations and provide operational services in the field of environment , civil protection and security . it should also make use of the available in - situ data provided , namely , by the member states . the provision of operational services depends on the well - functioning and safety of the copernicus space component . the increasing risk of collision with other satellites and space debris is the most serious threat to the copernicus space component . therefore , the copernicus programme should support actions aimed at reducing such risks , in particular by contributing to the programme established by decision [ xxx ] of the european parliament and the council establishing a space surveillance and tracking support programme11 . __________________ oj l , p . . ### in order to attain its objectives , the copernicus programme should rely on an autonomous union capacity for space - borne observations and provide operational services in the field of environment , civil protection and security . it should also make use of the available in - situ data provided , namely , by the member states . the fact that the european data relay system satellites will be available to the copernicus sentinels will also accelerate data transmission and thus bring about quantitative and qualitative improvements in terms of ability to respond to the growing demand among users for near - real - time data . the provision of operational services depends on the well - functioning and safety of the copernicus space component . the increasing risk of collision with other satellites and space debris is the most serious threat to the copernicus space component . therefore , the copernicus programme should support actions aimed at reducing such risks , in particular by contributing to the programme established by decision [ xxx ] of the european parliament and the council establishing a space surveillance and tracking support programme11 . __________________ oj l , p . .


### in order to attain its objectives , the copernicus programme should rely on an autonomous union’s capacity for space - borne observations and provide operational services in the field of environment , civil protection and security . it should also make use of the available in - situ data provided , namely , by the member states . the provision of operational services depends on the well functioning and safety of the copernicus space component . the increasing risk of collision with other satellites and space debris is the most serious threat to the copernicus space component . therefore , the copernicus programme should support actions aimed at reducing such risks , in particular by contributing to the programme established by decision [ xxx ] of the european parliament and the council establishing a space surveillance and tracking support programme11 . __________________ 11 oj l , , p . . ### in order to attain its objectives , the copernicus programme should rely on an autonomous union’s capacity for space - borne observations and provide operational services in the field of environment , civil protection and security . it should also make use of the available in - situ data provided , namely , by the member states . use should also be made of the european data relay satellite system , which will speed up the transmission of data for sentinel satellites and meet the rising demand for near - real - time data . the provision of operational services depends on the well functioning , constant availability and safety of the copernicus space component . the increasing risk of collision with other satellites and space debris is the most serious threat to the copernicus space component . therefore , the copernicus programme should support actions aimed at reducing such risks , in particular by contributing to the programme established by decision [ xxx ] of the european parliament and the council establishing a space surveillance and tracking support programme11 . __________________ 11 oj l , , p . .


### taking into account the partnership dimension of copernicus and in order to avoid duplication of technical expertise , the implementation of the programme should be delegated to entities with the appropriate technical and professional capacity . ### taking into account the partnership dimension of copernicus and in order to avoid duplication of technical expertise , the implementation of the programme should be delegated to entities with the appropriate technical and professional capacity , whose active role should be promoted by the commission .


### subject - matter ### subject - matter and scope


### this regulation establishes the union earth observation programme called copernicus and lays down the rules for its execution . ### this regulation establishes the union earth observation and monitoring programme called copernicus and lays down the rules for its deployment , operation and exploitation . the copernicus programme shall ensure continuity with the activities achieved under the gmes programme and shall comprise the following : a service component ensuring access to information in the following areas : atmosphere monitoring , climate change monitoring , emergency management , land monitoring , marine monitoring and security ; a space component ensuring sustainable space - borne observations for the service areas referred to in point ; an in - situ component ensuring coordinated access to observations through airborne , seaborne and ground - based installations , including unmanned ones , for the service areas referred to in point and calibration and validation activities for space - borne observations .


### the original data and information produced from space - borne observations , as well as from available in - situ data shall be accurate and reliable , supplied on a long term and sustainable basis and respond to the requirements of copernicus user communities . the access to those data shall be full , open and free of charge , subject to the conditions defined in or on the basis of this regulation . ### the original data and information produced from space - borne observations , as well as from available in - situ data shall be accurate and reliable , supplied on a permanent and uninterrupted basis and respond to the requirements of copernicus user communities . the access to those data shall be full , open and free of charge , subject to the conditions defined in or on the basis of this regulation .


### general objectives ### objectives general objectives


### the original data and information produced from space - borne observations , as well as from available in - situ data shall be accurate and reliable , supplied on a long term and sustainable basis and respond to the requirements of copernicus user communities . the access to those data shall be full , open and free of charge , subject to the conditions defined in or on the basis of this regulation . ### specific objectives in order to attain the general objectives described under paragraph 1 , copernicus shall have the following specific objectives : delivering accurate and reliable data and information , supplied on a long term and sustainable basis and responding to the requirements of copernicus user communities , i . e . those comprising european , national , regional or local entities entrusted with the definition , implementation , enforcement or monitoring of a public service or policy area referred to in article 4 ; providing sustainable and reliable access to space - borne data and information from an autonomous union earth observation capacity with consistent technical specifications and building on existing european and national assets and capabilities , complementing them whenever necessary ; providing sustainable and reliable access to in - situ data based on existing capacities and on global observation systems and networks .


### the achievement of the objectives referred to in paragraph 1 shall be measured by the following result indicators : ### indicators the achievement of the objectives referred to in sections 1 and 2 shall be measured by the following result indicators :


### market penetration and competitiveness of the european downstream operators . ### market penetration , creation of new markets and competitiveness of the european downstream operators .


### scope of the copernicus services ### copernicus operation section i - services


### the copernicus services , as referred to in point of article 3 shall include : ### the copernicus services , as referred to in point of article 1 shall include :


### the atmosphere monitoring service shall provide information on air quality on a european scale and of the chemical composition of the atmosphere on a global scale . it shall in particular provide information for air quality monitoring systems at the local to national scales , and should contribute to the monitoring of atmospheric chemistry climate variables ; ### the atmosphere monitoring service shall provide information on air quality on a european scale and of the chemical composition of the atmosphere on a global scale , with particular attention to the observation of forest canopies and to agricultural practices . it shall in particular provide information for air quality monitoring systems at the local to national scales , in particular as regards temperature patterns , and should contribute to the monitoring of atmospheric chemistry climate variables ;


### the marine monitoring service shall provide information on the state and dynamics of physical ocean and marine ecosystems for the global ocean and the european regional areas ; ### the marine monitoring service shall provide information on the state and dynamics of physical ocean and marine ecosystems for the global ocean and the european regional areas , with special attention to waste flows ;


### support activities consisting in measures to promote the use of operational services by users and downstream applications , as well as communication and dissemination activities . ### support activities measures to promote the use of copernicus operational services , including communication and dissemination activities , development of standard procedures to integrate copernicus data and information in users ' workflows : by public authorities entrusted with the definition , implementation , enforcement or monitoring of a public service or policy areas referred to in paragraph 1 ; by other users and downstream applications .


### the financial allocation for the copernicus programme may also cover expenses relating to preparatory , monitoring , control , audit and evaluation activities which are required directly for the management of the copernicus programme and the achievement of its objectives , and in particular studies , meetings , information and communication actions , as well as expenses linked to it networks focusing on information processing and exchange of data . the resources allocated to communication actions under this regulation may also contribute proportionally to covering the institutional communication of the political priorities of the union . ### the financial allocation for the copernicus programme may also cover expenses relating to preparatory , monitoring , control , audit and evaluation activities which are required directly for the management of the copernicus programme and the achievement of its objectives , and in particular studies , meetings , information and communication actions , as well as expenses linked to it networks focusing on information processing and exchange of data .


### work programme of the commission ### organisational arrangements role of the commission


### the commission shall adopt , a work programme pursuant to article 84 of the regulation no 966 / 2012 . that implementing act shall be adopted in accordance with the examination procedure referred to in point of article 20 of this regulation . ### the commission shall have overall responsibility for the copernicus programme . it shall define the priorities and objectives of the programme and oversee its implementation , in particular with respect to cost , schedule and performance and shall provide to the member states and the european parliament all relevant information pertaining to the programme through a yearly report on the implementation results . 2 . the commission shall co - operate with member states in order to improve the exchange of data and information between them and increase the volume of the data and information made available to the copernicus programme . 3 . the commission may adopt measures to promote the convergence of member states in the use of copernicus data and information and their access to the technology and developments in earth observation . such measures shall not distort competition . those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 20 . 4 . the commission shall manage , on behalf of the union and in its field of competence , relationships with third countries and international organisations , ensuring the coordination of the copernicus programme with activities at national , union and international levels . 5 . the commission shall coordinate the contributions of member states aiming at the operational delivery of services and the long - term availability of the data from observation infrastructures needed to operate the services . 6 . the commission shall ensure the complementarity and consistency of the copernicus programme by creating the appropriate links with relevant union policies , instruments , programmes and actions to ensure that they benefit from copernicus services . 7 . the commission shall maintain a transparent and regular user involvement and consultation , enabling identification of user requirements and monitoring of their satisfaction at union and national levels . to that end , the copernicus committee referred to in article 20 shall supervise a dedicated copernicus data distribution infrastructure based on a network of national / regional nodes , committed to guaranteeing and coordinating the distribution of data . 8 . the commission shall adopt delegated acts in accordance with article 21 concerning the establishment of the data requirements necessary for the operational services , making provision for their evolution . 9 . the commission shall make the financial resources available for the funding of the copernicus programme . 10 . the commission shall take adequate measures to ensure the full participation of private resources in support of the copernicus programme , thus enabling the growth of mid and downstream sectors . 11 . the commission shall promote a long - term stable investment environment and consult stakeholders when deciding to change products of both the data and information services covered by the copernicus regulation . 12 . the commission shall support a wide - ranging information campaign for local authorities of copernicus data and services , stressing , for instance , their importance for the purposes of territorial management and public policies . within that framework , a complete overview of existing union environmental legislation should be drawn up , in particular of directives such as inspire or air quality , for the implementation of which local authorities need copernicus data . 13 . the commission shall adopt , a work programme pursuant to article 84 of the regulation no 966 / 2012 . that implementing act shall be adopted in accordance with the examination procedure referred to in point of article 20 of this regulation . role of the european space agency in accordance with point of article 58 of regulation no 966 / 2012 , the commission shall conclude a delegation agreement with esa laying down the general conditions for tasks to be entrusted by the commission to esa , as regards : the design , development and procurement of the copernicus system space component ; the definition of the system architecture of the space component on the basis of user requirements ; the management of the funds entrusted ; the monitoring and control procedures . such delegation agreement shall be referred to the copernicus committee for consultation and communicated to the european parliament . esa shall provide the commission with systematic information on plans , costs and schedules , indicating corrective action to be taken in the event of a discrepancy between planned budgets , performance and timetable .


### the commission may entrust , in part or in full , the operational tasks of the space component described in point of article 5 to esa and the european organisation for the exploitation of meteorological satellites . ### the commission may entrust , in part or in full , the operational tasks of the space component described in point of article 5 to esa and the european organisation for the exploitation of meteorological satellites . it is also part of esa’s role to prepare for the transfer of specialist copernicus mission functions to appropriate bodies , including through outsourcing to private operators in order to maximise value for money in the use of the eu budget .


### the commission may entrust , in part or in full , where duly justified by the special nature of the action and specific expertise of the union body the implementation tasks described in article 4 to competent union bodies . among such agencies are : ### the commission may entrust , by means of delegation agreements , in part or in full , where duly justified by the special nature of the action and specific expertise , mandate , operation and management capacity of the union body , the implementation tasks described in article 3 to competent union bodies . among such agencies are :


### supervision of operators ### public procurement


### complaints on the award of contracts and grants by operators in the execution of the delegation agreement or the work programme may be submitted to the commission . nonetheless , such complaints may concern only deliberate wrongdoing , gross negligence or fraud and be submitted only after all means of recourse before the operator have been exhausted . ### general provisions applicable to public procurement general principles without prejudice to measures required to protect the essential interests of the security of the union or public security or to comply with union export control requirements , regulation no 966 / 2012 , and in particular the general principles of open access and fair competition throughout the industrial supply chain , tendering on the basis of the provision of transparent and timely information , clear communication of the applicable procurement rules , selection and award criteria and any other relevant information allowing a level - playing field for all potential bidders , shall apply to the copernicus programme . 2 . during the procurement procedure , the following objectives shall be pursued by the contracting authorities in their calls for tender : to promote the widest and most open participation possible throughout the union by all economic operators , in particular by new entrants and smes , including through encouraging recourse to sub - contracting by the tenderers ; to avoid possible abuse of dominance and reliance on a single supplier ; to take advantage of prior public sector investments and lessons learned as well as industrial experience and competences , including that acquired in the initial phase of the programme , while ensuring that competitive tendering rules are complied with ; to pursue multiple sourcing wherever appropriate in order to ensure better overall control of the programme , its costs and time - schedule ; to take into account wherever appropriate the total cost over the useful life - cycle of the product , service or work being tendered but not subjecting the value only to cost considerations . specific provisions establishing fair competition conditions the contracting authority shall take the appropriate measures to ensure fair competition conditions when previous involvement of a company in activities associated with the subject of the call for tender : may confer significant advantages on that company in terms of privileged information and therefore may give rise to concerns as to compliance with equal treatment ; or affect normal competition conditions or the impartiality and objectivity of the award or performance of the contracts . those measures shall not distort competition , or jeopardise equal treatment or the confidentiality of data collected about undertakings , their business relations and cost structure . in that context , those measures shall take into account the nature and particulars of the intended contract . 2 . security of information when contracts involve , require and / or contain classified information , the contracting authority shall specify in the tender documents the measures and requirements necessary to ensure the security of such information at the requisite level . 3 . reliability of supply the contracting authority shall specify in the tender documents its requirements in relation to reliability of supplies or of the provision of services for the performance of the contract . 4 . conditional stage - payment contracts the contracting authority may award a contract in the form of a conditional stage - payment contract . a conditional stage - payment contract shall include a fixed stage which is accompanied by a budgetary commitment which results in a firm commitment to provide the works , supplies or services contracted for that stage and one or more stages which are conditional in terms of both budget and execution . the tender documents shall refer to the specific features of conditional stage - payment contracts . in particular , they shall specify the subject - matter of the contract , the price or the arrangements for determining the price and the arrangements for the provision of works , supplies and services at each stage . the fixed stage obligations shall be part of a consistent whole , as shall the obligations under each conditional stage , taking into account the obligations under the previous stages . the performance of each conditional stage shall be subject to a decision by the contracting authority , notified to the contractor in accordance with the contract . when a conditional stage is confirmed late or is not confirmed , the contractor may benefit , if the contract so provides and under the conditions laid down therein , from a tideover allowance or a non - execution allowance . where , with regard to a particular stage , the contracting authority finds that works , supplies or services agreed for that stage have not been completed , it may claim damages and terminate the contract , if the contract so provides and under the conditions laid down therein . 5 . cost - reimbursement contracts the contracting authority may opt for a full or partial cost - reimbursement contract up to a ceiling price , under the conditions laid down in point . the price to be paid for such contracts shall consist of reimbursement of all direct costs incurred by the contractor in performing the contract , such as expenditure on labour , materials , consumables , use of equipment and infrastructures necessary to perform the contract . those costs shall be increased by a fixed fee covering indirect costs and profit , or a sum covering indirect costs and incentive fee compensation based on achieving objectives in respect of performance and delivery schedules . the contracting authority may opt for a full or partial cost - reimbursement contract when it is objectively impossible to specify an accurate fixed price and if it can be reasonably shown that such a fixed price would be abnormally high due to the uncertainties inherent in performance of the contract because : the contract has very complex features or features which require the use of a new technology and therefore includes a significant number of technical risks ; or the activities subject to the contract must , for operational reasons , start immediately even though it is not yet possible to determine a firm fixed price in full due to significant risks or because performance of the contract depends in part on the performance of other contracts . the ceiling price for a full or partial cost - reimbursement contract shall be the maximum price payable . it may be exceeded only in duly justified exceptional circumstances subject to the prior agreement of the contracting authority . the tender documents of a procurement procedure for a full or partial cost - reimbursement contract shall specify : the type of contract , namely whether it is a full or partial cost - reimbursement contract up to a ceiling price ; for a partial cost - reimbursement contract , the elements of the contract subject to cost reimbursement ; the total ceiling price ; the award criteria , which must enable an evaluation of the plausibility of the estimated overall budget , of the reimbursable costs , of the mechanisms for determining those costs , and the profit referred to in the tender to be evaluated ; the mechanics of the increase referred to in point to be applied to direct costs ; the rules and procedures which determine the eligibility of the costs planned by the tenderer for the performance of the contract , in accordance with the principles set out in point ; the accounting rules with which tenderers must comply ; in the case of a partial cost - reimbursement contract to be converted into a firm fixed price contract , the parameters for such conversion . the costs declared by the contractor during performance of a full or partial cost reimbursement contract shall only be eligible if they : are actually incurred during the duration of the contract , with the exception of the costs for the equipment , infrastructures and intangible fixed assets necessary for performance of the contract which may be deemed eligible up to the whole of their purchase value ; are referred to in the estimated overall budget which may be revised by amendments to the initial contract ; are necessary for performance of the contract ; result from the performance of the contract and are attributable to it ; are identifiable , verifiable , recorded in the contractor ' s accounting records and determined in accordance with the accounting standards referred to in the specifications and in the contract ; comply with the requirements of applicable tax and social legislation ; do not derogate from the terms of the contract ; are reasonable , justified , and comply with the requirements of sound financial management , in particular regarding economy and efficiency . the contractor shall be responsible for its own cost accounting , keeping sound accounting records or any other document required to show that the costs for which reimbursement is requested have been incurred and comply with the principles set out in this article . costs which cannot be substantiated by the contractor shall be deemed ineligible and their reimbursement shall be refused . the contracting authority shall be responsible for the following tasks in order to ensure correct performance of cost - reimbursement contracts : determining the most realistic possible ceiling price , while providing the necessary flexibility to account for technical difficulties ; converting a partial cost - reimbursement contract into a full firm fixed - price contract as soon as it is possible to determine such a firm fixed - price during performance of the contract . for this reason , it shall determine the conversion parameters to convert a contract concluded on a cost - reimbursement basis to a firm fixed - price contract ; implementing monitoring and inspection measures which provide , in particular , an estimated cost forecast system ; determining suitable principles , tools and procedures for the performance of the contract , in particular for identifying and checking the eligibility of costs declared by the contractor or its subcontractors during performance of the contract , and for introducing amendments to the contract ; checking that the contractor and its subcontractors comply with the accounting standards stipulated in the contract and with the obligation to provide their accounting documents , which should present a true and fair view of the accounts ; throughout performance of the contract , ensuringcontinuously the effectiveness of the principles , tools and procedures referred to in point . 6 . amendments the contracting authority and the contractors may change the contract by an amendment on condition that the amendment fulfils all of the following conditions : it does not alter the subject - matter of the contract ; it does not disturb the economic balance of the contract ; it does not introduce conditions which , if they had appeared initially in the contract documents , would have allowed for the admission of tenderers other than those initially admitted or would have allowed for the acceptance of a tender other than the one initially accepted . 7 . subcontracting the contracting authority shall request the tenderer to subcontract a share of the contract by competitive tendering at the appropriate levels of sub - contracting to companies other than those that belong to the tenderer ' s group , in particular to new entrants and smes . the contracting authority shall express the requisite share of the contract to be subcontracted in the form of a range from a minimum to a maximum percentage . in defining such percentages the contracting authority shall take into account that such percentages are in proportionate to the objective and value of the contract , taking into account the nature of the sector of activity concerned , and in particular , the competitive conditions and industrial potential observed . if the tenderer indicates in its tender that it intends not to sub - contract any share of the contract or to subcontract a share smaller than the minimum of the range referred to in point , it shall provide the reasons therefor to the contracting authority . the contracting authority shall submit that information to the commission . the contracting authority may reject subcontractors selected by the candidate at the stage of the main contract award procedure or by the tenderer selected for the performance of the contract . it shall justify its rejection in writing , which may be based only on the criteria used for selection of tenderers for the main contract .


### licensing conditions attached third party data and information ; ### licensing conditions attached to third party data and information ;


### the power to adopt delegated acts referred to in point of article 15 and point of article 18 shall be conferred on the commission for an indeterminate period from 1 january 2014 . ### the power to adopt delegated acts referred to in article 8 , in point of article 15 and point of article 18 shall be conferred on the commission for the duration of the programme .


### based on the findings of the external evaluation , the recommendations by the administrative board and the multi - annual strategy , some provisions of regulation no 1406 / 2002 should be clarified and updated . furthermore , the agency should receive a number of additional tasks reflecting the development of the maritime safety policy at eu and international level . considerable screening and redeployment efforts are necessary to guarantee cost and budget efficiency . this should allow one third of additional staffing needs for new tasks to be covered through internal redeployment by the agency . ### based on the findings of the external evaluation , the recommendations by the administrative board and the multi - annual strategy adopted by that board in march 2010 , some provisions of regulation no 1406 / 2002 should be clarified and updated . furthermore , the agency should receive a number of additional tasks reflecting the development of the maritime safety policy at eu and international level . considerable screening and redeployment efforts are necessary to guarantee cost and budget efficiency . this should allow one third of additional staffing needs for new tasks to be covered through internal redeployment by the agency .


### the union has established a comprehensive maritime transport strategy up to 2018 , which includes the e - maritime concept . furthermore , it is developing an eu maritime surveillance network . the agency has maritime systems and applications available which are of interest for the realisation of these policies . therefore the agency should make the systems and the data available to interested partners . ### the union has established a comprehensive maritime transport strategy up to 2018 , which includes the e - maritime concept . furthermore , it is developing an eu maritime surveillance network . the agency has maritime systems and applications available which are of interest for the realisation of these policies and , in particular , for the ' blue belt ' project and the integration of safeseanet and the river information system . therefore the agency should make the systems and the data available to interested partners .


### the agency has established itself as the authoritative provider of maritime traffic data at eu level which are of interest and relevance in other eu activities . through its activities , in particular regarding port state control , the monitoring of maritime traffic and shipping routes as well as assistance for tracking possible polluters , the agency should contribute to reinforce synergies at eu level regarding certain coastguard operations . in addition , the agency ' s data monitoring and collection should also gather basic information on potential threats to maritime transport and the marine environment from offshore oil and gas exploration and production . ### the agency has established itself as the authoritative provider of maritime traffic data at eu level which are of interest and relevance in other eu activities . through its activities , in particular regarding port state control , the monitoring of maritime traffic and shipping routes as well as assistance for tracking possible polluters , the agency should contribute to reinforce synergies at eu level regarding certain coastguard operations . in addition , the agency ' s data monitoring and collection should also gather basic information , for example on potential threats to maritime transport and the marine environment from offshore oil and gas exploration and production and on piracy .


### the requirements for the operational working methods of the agency for conducting inspections should be adopted by in accordance with council decision 1999 / 468 / ec of 28 june 1999 laying down the procedures for the exercise of implementing powers conferred on the commission . ### in order to adopt the requirements for the operational working methods of the agency for conducting inspections , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission .


### . ### gather and analyse data on the qualifications and employment of seafarers . it shall also facilitate the establishment of a network of union maritime training academies so as to share best practice in the training of seafarers .


### he shall prepare the multi - annual strategy of the agency and submit it to the administrative board after consultation of the commission at least 8 weeks before the relevant board meeting ; ### he / she shall prepare the multi - annual strategy of the agency and submit it to the administrative board , after consultation of the commission and the responsible committee of the european parliament , at least 8 weeks before the relevant board meeting ;


### he shall prepare the multi - annual staff policy plan of the agency and submit it to the administrative board after consultation of the commission ; ### he / she shall prepare the multi - annual staff policy plan of the agency and submit it to the administrative board after consultation of the commission and the responsible committee of the european parliament ;


### he shall prepare the annual work programme and the detailed plan for the agency ' s pollution preparedness and response activities , and submit them to the administrative board after consultation of the commission at least 8 weeks before the relevant board meeting . he shall take the necessary steps for their implementation . he shall respond to any requests for assistance from a member state in accordance with article 10 ; ### he / she shall prepare the annual work programme and the detailed plan for the agency ' s pollution preparedness and response activities , and submit them to the administrative board after consultation of the commission at least 8 weeks before the relevant board meeting . he / she shall take the necessary steps for their implementation and shall respond to any requests for assistance from a member state in accordance with article 10 ;


### he shall decide to carry out the inspections provided for in article 3 , after consultation of the commission and in line with the requirements referred to in the same article 3 . he shall cooperate closely with the commission in the preparation of the measures referred to in article 3 ; ### he / she shall decide to carry out the inspections provided for in article 3 , after consultation of the commission and in line with the requirements referred to in the same article 3 . he / she shall cooperate closely with the commission in the preparation of the measures referred to in article 3 ;


### ' he shall organise an effective monitoring system in order to be able to compare the agency ' s achievements with its objectives and tasks as laid down in this regulation . he shall ensure that the agency ' s organisational structure will be regularly adapted to the evolving needs within the available financial and human resources . on this basis the executive director shall prepare a draft general report each year and submit it to the administrative board . the report shall include a dedicated section concerning the financial execution of the detailed plan for the agency ' s pollution preparedness and response activities and give an update of the status of all actions funded under that plan . he shall establish regular evaluation procedures that meet recognised professional standards ; ' ### ' he shall organise an effective monitoring system in order to be able to compare the agency ' s achievements with its objectives and tasks as laid down in this regulation . to this end , he shall establish , in agreement with the commission , tailored performance indicators allowing for an effective assessment of the results achieved . he shall ensure that the agency ' s organisational structure will be regularly adapted to the evolving needs within the available financial and human resources . on this basis the executive director shall prepare a draft general report each year and submit it to the administrative board . the report shall include a dedicated section concerning the financial execution of the detailed plan for the agency ' s pollution preparedness and response activities and give an update of the status of all actions funded under that plan . he shall establish regular evaluation procedures that meet recognised professional standards ; '


### the executive director shall be appointed and dismissed by the administrative board . the appointment shall be made from a list of candidates proposed by the commission for a period of five years on grounds of merit and documented administrative and managerial skills , as well as competence and experience relevant for maritime safety , maritime security , prevention of pollution caused by ships and response to marine pollution . before appointment , the candidate selected by the administrative board may be invited to make a statement before the competent committee of the european parliament and answer questions put by its members . the administrative board shall take its decision by a four - fifths majority of all members with the right to vote . ### the executive director shall be appointed and dismissed by the administrative board . the appointment shall be made from a list of candidates proposed by the commission for a period of five years on grounds of merit and documented administrative and managerial skills , as well as competence and experience relevant for maritime safety , maritime security , prevention of pollution caused by ships and response to marine pollution . before appointment , the candidate selected by the administrative board may be invited to make a statement before the competent committee of the european parliament and answer questions put by its members . its opinion , if any , shall be considered before formal appointment . the administrative board shall take its decision by a four - fifths majority of all members with the right to vote .


### the executive director shall be appointed and dismissed by the administrative board . the appointment shall be made from a list of candidates proposed by the commission for a period of five years on grounds of merit and documented administrative and managerial skills , as well as competence and experience relevant for maritime safety , maritime security , prevention of pollution caused by ships and response to marine pollution . before appointment , the candidate selected by the administrative board may be invited to make a statement before the competent committee of the european parliament and answer questions put by its members . the administrative board shall take its decision by a four - fifths majority of all members with the right to vote . ### the executive director shall be appointed and dismissed by the administrative board . the appointment shall be made from a list of candidates proposed by the commission for a period of five years on grounds of merit and documented administrative and managerial skills including in the field of gender equality policy , as well as competence and experience relevant for maritime safety , maritime security , prevention of and response to marine pollution . before appointment , the candidate selected by the administrative board may be invited to make a statement before the competent committee of the european parliament and answer questions put by its members . the administrative board shall take its decision by a four - fifths majority of all members with the right to vote .


### the administrative board , acting on a proposal from the commission , taking into account the evaluation report may extend the term of office of the executive director for not more than three years . the administrative board shall take its decision by a four - fifths majority of all members with the right to vote . the administrative board shall inform the european parliament about its intention to extend the executive director ' s term of office . within a month before the extension of his / her term of office , the executive director may be invited to make a statement before the competent committee of the european parliament and answer questions put by its members . if the term of office is not extended , the executive director shall remain in office until the appointment of his / her successor . ### the administrative board , acting on a proposal from the commission , taking into account the evaluation report may extend the term of office of the executive director for not more than five years . the administrative board shall take its decision by a four - fifths majority of all members with the right to vote . the administrative board shall inform the european parliament about its intention to extend the executive director ' s term of office . within a month before the extension of his / her term of office , the executive director may be invited to make a statement before the competent committee of the european parliament and answer questions put by its members . its opinion , if any , shall be considered before formal reappointment . if the term of office is not extended , the executive director shall remain in office until the appointment of his / her successor .


### the heads of department shall be appointed on grounds of merit and documented administrative and managerial skills , as well as professional competence and experience relevant for maritime safety , maritime security , prevention of pollution caused by ships and response to marine pollution . the heads of department shall be appointed or dismissed by the executive director after having received a positive opinion of the administrative board . ### the heads of department shall be appointed on grounds of merit and documented administrative and managerial skills including in the field of gender equality policy , as well as professional competence and experience relevant for maritime safety , maritime security , prevention of and response to marine pollution . the heads of department shall be appointed or dismissed by the executive director after having received a positive opinion of the administrative board .


### the commission shall be assisted by the committee on safe seas and the prevention of pollution from ships set up under article 3 of regulation no 2099 / 2002 of the european parliament and of the council . ### the commission may adopt delegated acts , in accordance with article 290 of the treaty of the european union , as regards the operational working methods of the agency for conducting the inspections referred to it in article 1 .


### where reference is made to this paragraph , articles 3 and 7 of decision 1999 / 468 / ec shall apply , having regard to the provisions of article 8 thereof . ### for the delegated acts referred to in this article , the procedures set out in articles 23a , 23b and 23c shall apply .


### to promote the effective implementation of the principles of non discrimination on the grounds of sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation , including equality between women and men and the rights of persons with disabilities and of the elderly ; ### to promote the effective implementation of the principles of non discrimination on the grounds of sex , racial or ethnic origin , religion or belief , disability , age and sexual orientation equally .


### cross - border issues should be addressed efficiently between infrastructure managers of the different member states through the establishment of a european network of infrastructure managers . ### it is necessary to improve and enhance cross - border cooperation between infrastructure managers . cross - border issues should be addressed efficiently between infrastructure managers of the different member states through the establishment of a european network of infrastructure managers .


### member states shall ensure that the infrastructure manager performs all the functions referred to in article 3 and is independent from any railway undertaking . ### member states shall remain free to choose the means by which to ensure that the infrastructure manager performs all the functions referred to in article 3 and is independent from any railway undertaking .


### to guarantee the independence of the infrastructure manager , member states shall ensure that infrastructure managers are organised in an entity that is legally distinct from any railway undertaking . ### to guarantee the independence of the infrastructure manager , member states shall ensure that infrastructure managers are organised in an entity that is legally distinct from any railway undertaking , within the limits necessary to prevent bureaucracy between entities and to facilitate network investment in order to provide a quality service without increasing operating costs .


### the infrastructure manager shall have its own staff and be located in separate premises from the other legal entities within the vertically integrated undertaking . access to information systems shall be protected to ensure the independence of the infrastructure manager . internal rules or staff contracts shall clearly limit contacts with the other legal entities within the vertically integrated undertaking to official communications connected with the exercise of the functions of the infrastructure manager which are also exercised in relation to other railway undertakings outside the vertically integrated undertaking . transfers of staff other than those referred to under point between the infrastructure manager and the other legal entities within the vertically integrated undertaking shall only be possible if it can be ensured that sensitive information will not be passed on between them . ### the infrastructure manager shall have its own staff and be located in separate premises from the other legal entities within the vertically integrated undertaking . access to information systems shall be protected to ensure the independence of the infrastructure manager . transfers of staff other than those referred to in paragraph 4 between the infrastructure manager and the other legal entities within the vertically integrated undertaking shall only be possible if it can be ensured that sensitive information will not be passed on between them . the infrastructure manager may cooperate with other entities of the vertically integrated undertaking as regards the development of their information systems , provided that it is ensured that sensitive information held by the infrastructure manager is adequately protected . the regulatory body shall approve or request changes to the arrangements concerning the implementation of the first and second subparagraphs of this paragraph with the aim of ensuring the independence of the infrastructure manager . the regulatory body may request the integrated undertaking to provide it with any information that may be necessary .


### member states shall ensure that infrastructure managers set up and organise coordination committees for each network . membership of this committee shall be open at least to the infrastructure manager , known applicants in the sense of article 8 and , upon their request , potential applicants , their representative organisations , representatives of users of the rail freight and passenger transport services and , where relevant , regional and local authorities . member state representatives and the regulatory body concerned shall be invited to the meetings of the coordination committee as observers . ### member states shall ensure that infrastructure managers set up and organise coordination committees for each network . membership of this committee shall be open at least to the infrastructure manager , known applicants in the sense of article 8 and , upon their request , potential applicants , their representative organisations , including representatives of their employees , representatives of users of the rail freight and passenger transport services and of the railway sector ' s workers and , where relevant , regional and local authorities . member state representatives and the regulatory body concerned shall be invited to the meetings of the coordination committee as observers .


### the network shall participate in the market monitoring activities referred to in article 15 and benchmark the efficiency of infrastructure managers on the basis of common indicators and quality criteria , such as the reliability , capacity , availability , punctuality and safety of their networks , asset quality and utilisation , maintenance , renewals , enhancements , investments and financial efficiency . ### the network shall participate in the market - monitoring activities referred to in article 15 and benchmark the efficiency of infrastructure managers on the basis of common indicators and quality criteria , such as the reliability , capacity , availability , accessibility , punctuality and safety of their networks , asset quality and utilisation , maintenance , renewals , enhancements , cross - border cooperation to overcome bottlenecks , investments and financial efficiency .


### in order to determine whether the economic equilibrium of a public service contract would be compromised , the relevant regulatory body or bodies referred to in article 55 shall make an objective economic analysis and base its decision on pre - determined criteria . they shall determine this after a request from any of the following , submitted within one month from the information on the intended passenger service referred to in article 38 : ### in order to determine whether the economic equilibrium of a public service contract would be compromised , the relevant regulatory body or bodies referred to in article 55 shall make an objective economic analysis , including an analysis of the employment situation , and base its decision on pre - determined criteria . the assessment of whether the economic equilibrium of the public service contract would be compromised shall take into account predetermined criteria such as the impact on the profitability of any services which are included in a public service contract , including the resulting impacts on the net cost to the competent public authority that awarded the contract , passenger demand , ticket pricing , ticketing arrangements , location and number of stops and timing and the frequency of the proposed new service , which are established by the regulatory body referred to in article 55 in compliance with the implementing measures provided for in paragraph 4 of this article . the assessment shall demonstrate whether the viability of the services operated under the public service contract would be affected . the equilibrium shall be regarded as compromised when it can be demonstrated that the economic feasibility of operating those public services , providing a reasonable level of quality , would be jeopardised . in accordance with such assessment and the decision of the relevant regulatory body , member states shall be able to authorise , modify or deny the right of access for the passenger service sought , in line with the economic analysis and with union law and the principles of equality and non - discrimination . the regulatory body or bodies shall determine this after a request from any of the following , submitted within one month from the information on the intended passenger service referred to in article 38 :