### measures to avoid an increase in by - catches of most vulnerable species ; and ### measures to prevent , minimise and where possible eliminate by - catches , particularly by - catches of the most vulnerable species , including modifications to gear , or real - time closures of areas with high by - catch rates ; and


### the measures shall remain in force for as long as the need remains to prevent or mitigate the risks identified in paragraphs 1 , and . ### the measures shall remain in force for as long as the need remains to prevent or mitigate the risks identified in paragraph 1 .


### no quantity of any mixture of deep - sea species in excess of 100 kg may be landed at any place other than the ports which have been designated for landing deep - sea species . ### no quantity of any mixture of deep - sea species in excess of 100 kg may be landed at any place other than the ports which have been designated by member states pursuant to paragraph 1 .


### by way of derogation of article 17 of regulation no 1224 / 2009 , the masters of all union fishing vessels intending to land 100 kg or more of deep - sea species , whichever their length , shall be required to notify their flag member state ' s competent authority of that intention . ### the masters of all union fishing vessels , regardless of their length , intending to land or tranship100 kg or more of deep - sea species , shall be required to notify the competent authority of their flag member state , as well as the port state authority , of that intention . the master or any other person responsible for the operation of vessels of 12 meters in length or more shall notify the competent authorities at least four hours before the estimated time of arrival at port , in accordance with article 17 of regulation no 1224 / 2009 .


### failure to conform to the conditions set in the fishing authorisation with regard to limits on the use of gears , allowed areas of operation or , as appropriate , catch or effort limits on the species whose targeting is allowed ; or ### failure to conform to the conditions set in the fishing authorisation with regard to limits on the use of gears , allowed areas of operation , and catch or effort limits on the species whose targeting is allowed ; or


### member states shall collect data on each deep - sea m&#233 ; tier in accordance with the rules on data collection and the precision levels laid down in the multiannual community programme for collection , management and use of biological , technical , environmental , and socio - economic data adopted in accordance with council regulation no 199 / 200818 and in other measures adopted under that regulation . ### member states shall collect data on each deep - sea m&#233 ; tier in accordance with the rules on data collection and the precision levels laid down in the multiannual community programme for collection , management and use of biological , technical , environmental , and socio - economic data adopted in accordance with council regulation no 199 / 200818 and in other measures adopted under that regulation . member states shall ensure that the necessary systems are in place to facilitate the reporting of catches of target and by - catch species , and the reporting of evidence of any encounters with vulnerable marine ecosystems , in real - time wherever possible .


### the master of a vessel , or any other person responsible for the vessel ' s operation , shall be required to take on board the scientific observer whom the member state has assigned for his vessel , unless this is not possible for security reasons . the master shall facilitate the discharging of the scientific observer ' s tasks . ### the master of a vessel , or any other person responsible for the vessel ' s operation , shall be required to take on board the scientific observer whom the member state has assigned for their vessel , in accordance with the conditions specified in paragraph 3 . the master shall facilitate the discharging of the scientific observer ' s tasks .


### upon a request from the commission , member states shall submit monthly reports on of effort deployed and / or catches broken down by métier . ### upon a request from the commission , member states shall submit monthly reports on of effort deployed and / or catches broken down by métier . these reports shall be made publicly available .


### the power to adopt delegated acts as referred to in article 13 shall be conferred on the commission for an indeterminate period of time . ### the power to adopt delegated acts as referred to in article 13 shall be conferred on the commission for period of three years from the date of entry into force of this regulation . the commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the three year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council oppose such extension no later than three months before the end of each period .


### within six years from the entry into force of this regulation , the commission shall , on the basis of member states ' reports and scientific advice that it shall request to this effect , evaluate the impact of the measures laid down in this regulation and determine to what extent the objectives referred to in article 1 and have been achieved . ### by &#8230 ; * , the commission shall , on the basis of member states ' reports and scientific advice that it shall request to this effect , evaluate the impact of the measures laid down in this regulation and determine to what extent the objectives referred to in article 1 have been achieved . ______________ * oj please insert the date three years from the entry into force of this regulation .


### the vessels that have changed to using gears with a reduced impact on the sea bottom , and the development of their discard levels ; ### the vessels that have changed to using gears with a reduced impact on the sea bottom , and the progress on the prevention , minimisation and , where possible , on the elimination of unwanted catches ;


### the fisheries that are managed according to fishing effort limits only , and the effectiveness of accompanying measures to eliminate discards and reduce catches of most vulnerable species . ### the effectiveness of accompanying measures to eliminate discards and reduce catches of most vulnerable species .


### with the proposal for a council regulation laying down the multiannual financial framework for the years 2014 - 2020 , adopted on 29 june 2011 , the commission lays down a package of legislative proposals and documents for the 2014 - 2020 union budget . that multiannual financial framework describes how the policy goals of increasing growth and creating more jobs in europe and establishing a low - carbon and more environment - conscious economy and internationally prominent europe will be achieved . ### with the proposal for a council regulation laying down the multiannual financial framework for the years 2014 - 2020 , adopted on 29 june 2011 , the commission lays down a package of legislative proposals and documents for the 2014 - 2020 union budget . that multiannual financial framework describes how the policy goals of increasing growth and creating more jobs both for men and women equally , in europe and establishing a low - carbon and more environment - conscious economy and internationally prominent europe will be achieved .


### the programme should complement other union programmes , while acknowledging that each instrument should work according to its own specific procedures . thus , the same eligible costs should not receive double funding . with the aim to achieve added value and substantial impact of union funding , close synergies should be developed between the programme , other union programmes and the structural funds . ### the programme should complement other union programmes , while acknowledging that each instrument should work according to its own specific procedures . thus , the same eligible costs should not receive double funding . with the aim to achieve added value and substantial impact of union funding , close synergies should be developed between the programme , other union programmes and the structural funds . specific measures are needed to make it easier for women , to obtain the funding required for business ventures .


### the principles of transparency and equal gender opportunity should be taken into account in all relevant initiatives and actions covered by the programme . the respect of human rights and fundamental freedom for all citizens should be also considered in those initiatives and activities . ### the principles of transparency and equal gender opportunity should be taken into account in all relevant initiatives and actions covered by the programme , as well as the additional factors and obstacles which make entrepreneurship an even less attractive or viable option for women such as the family - work imbalance , lack of role models and mentors , social stereotypes and educational entrepreneurship skills . the respect of human rights and fundamental freedom for all citizens should be also considered in those initiatives and activities .


### encouraging an entrepreneurial culture and promoting the creation and growth of smes . ### encouraging a non gender - biased entrepreneurial culture and promoting the creation and growth of smes .


### the programme shall support the implementation of the europe 2020 strategy and shall contribute to achieving the objective of ‘ smart , sustainable and inclusive growth’ . in particular , the programme shall contribute to the headline target concerning employment . ### the programme shall support the implementation of the europe 2020 strategy and shall contribute to achieving the objective of ‘ smart , sustainable and inclusive growth’ . in particular , the programme shall contribute to the headline target concerning employment , aiming for 75% employability of both men and women .


### the commission may support member states ' measures to build - up entrepreneurial education , skills and attitudes , in particular among potential and new entrepreneurs . ### the commission may support member states ' measures to build - up entrepreneurial education , skills and attitudes , in particular among potential and new entrepreneurs , both men and women .


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


### a transport infrastructure that reflects the specific situations in different parts of the union and provides for a balanced coverage of european regions , including outermost regions and other peripheral ones ; ### a transport infrastructure that reflects the specific situations in different parts of the union and provides for a balanced coverage of european regions , including outermost regions , mountainous and isolated areas , and other peripheral ones ;


### transport infrastructure shall allow seamless mobility and accessibility for all users , in particular elderly people , persons of reduced mobility and disabled passengers . ### transport infrastructure shall allow seamless mobility and accessibility for all users , in particular elderly people , persons of reduced mobility and disabled passengers . member states and project promoters shall pay due attention to ensure that transport infrastructure is accessible to all users .


### regulation no 1605 / 2002 laid down the budgetary principles and financial rules to be respected in all legislative acts and by all institutions . the fundamental principles , the concept and the structure of that regulation and the basic rules of budgetary and financial management need to be maintained . derogations to those fundamental principles should be reviewed and simplified as far as possible , taking into account their continuing relevance , their added - value for the annual budget of the union , and the burden they impose on stakeholders . it is necessary to maintain and strengthen the key elements of the financial reform : the role of the financial actors , the integration of controls in operational services , the internal auditors , the activity based budgeting , the modernisation of accounting principles and rules and the basic principles for grants . ### regulation no 1605 / 2002 laid down the budgetary principles and financial rules , governing the establishment and implementation of the general budget , ensuring sound and effective management , control and protection of the financial interests of the union , as well as increasing transparency , to be respected in all legislative acts and by all institutions . the fundamental principles , the concept and the structure of that regulation and the basic rules of budgetary and financial management need to be maintained . derogations to those fundamental principles should be reviewed and simplified as far as possible , taking into account their continuing relevance , their added - value for the annual budget of the union , and the burden they impose on stakeholders . it is necessary to maintain and strengthen the key elements of the financial reform : the role of the financial actors , the integration of controls in operational services , the internal auditors , the activity based budgeting , the modernisation of accounting principles and rules and the basic principles for grants .


### draft legislative resolution ### as regards the union´s research framework programmes , further simplification and harmonisation of rules and procedures should be introduced , as stated in the european parliament resolution of 11 november 2010 on simplifying the implementation of the research framework programmes1 , and in the final report of the expert group on interim evaluation of the seventh framework programme , published on 12 november 2010 on the basis of the article 7 of decision no 1982 / 2006 / ec ; ___________ 1 texts adopted , p7_ta0401 .


### the rules governing interest generated by pre - financing should be simplified as they generate excessive administrative burden on both recipients of union funds and commission services and create misunderstandings between the commission services and operators and partners . for reasons of simplification , in particular in respect of grant beneficiaries , and in line with the principle of sound financial management , there should no longer be an obligation to generate interest on pre - financing and to recover such interest . however , it should be possible to include such obligation in a delegation agreement in order to allow the re - use of interests generated by prefinancing for the programmes managed by some delegates , or its recovery . ### the rules governing interest generated by pre - financing should be simplified as they generate excessive administrative burden on both recipients of union funds and commission services and create misunderstandings between the commission services and operators and partners . for reasons of simplification , in particular in respect of grant beneficiaries , and in line with the principle of sound financial management , the obligation to generate interest on pre - financing and to recover such interest should be lifted immediately . however , it should be possible to include such obligation in a delegation agreement in order to allow the re - use of interests generated by prefinancing for the programmes managed by some delegates , or its recovery .


### the legislative authority shall , in accordance with the procedure laid down in article 322 of the tfeu , decide on a level of tolerable risk of error at an appropriate aggregation of the budget . that decision shall be taken into account during the annual discharge procedure , in accordance with article 157 . ### when presenting revised or new spending proposals , the commission shall analyse , estimate and , when necessary , modify the system of risk management . on the basis of a clear methodology , the commission shall also assess the level of risk of error or non - compliance with the proposed legislation in relation to each fund and each member state .


### the commission shall also attach to the draft budget any working paper it considers useful to support its budget requests . ### the commission shall also attach to the draft budget any further working paper it considers useful to support its budget requests .


### a general statement of revenue and expenditure ; ### a general statement of revenue and expenditure making a distinction between operations and investment ;


### the accounting officer shall recover amounts by offsetting them against equivalent claims that the union have on any debtor who himself has a claim on the union that is certain , of a fixed amount and due . ### the accounting officer shall recover amounts by offsetting them against equivalent claims that the union has on any debtor who himself has a claim on the union . such claims must be certain , of a fixed amount and due .


### subject to the prior agreement of the institutions concerned , any transmission of documents between institutions may be done by electronic means . ### subject to the prior agreement of the institutions and member states concerned , any transmission of documents between them may be done by electronic means .


### each year the institution shall forward a report to the discharge authority containing a summary of the number and type of internal audits carried out , the recommendations made and the action taken on those recommendations . ### each year the institution shall forward a report to the discharge authority containing a summary of the number and type of internal audits carried out , the recommendations made and the action taken on those recommendations and internal audit reports shall be made available to the discharge authorities on request .


### grant applications shall be submitted in writing . ### the maximum time limit for processing applications shall be six months from the submission of the application . this time - limit may exceptionally be exceeded where the specific nature and subject - matter of the grant so require . where this is the case , the provisional time limit shall be announced in the respective call for proposals . where the time limit cannot be met due to other reasons , the authorising officer by delegation shall include this into his annual activity report together with the reasons and proposals for remedial action . he shall report in the following annual activity report on the success of the remedial action . applications for operating grants should be processed before the beginning of the beneficiary fiscal year . grant applications shall be submitted in writing .


### article 128 definition for the purposes of this regulation , ‘ prizes’ shall mean financial contributions awarded following contests . ### article 128 scope of prizes prizes are financial contributions given as rewards following contests . the use of prizes shall be encouraged but not as a substitute for properly structured funding .


### prizes shall be part of the work programme referred to in article 118 and adopted by the commission and shall be subject to article 118 . ### for this purpose , prizes shall be subject to a work programme to be published at the start of the year of implementation . the work programme shall be implemented through the publication of contests .


### prizes may not be awarded directly without a contest and shall be subject to publication in the same way as call for proposals . ### prizes may not be awarded directly without a contest and shall be published annually in application of article 31 and .


### financial intermediaries involved in the execution of financial operations under a financial instrument shall comply with relevant standards on the prevention of money laundering and fight against terrorism . they shall not be established in territories whose jurisdictions do not co - operate with the union in relation to the application of internationally agreed tax standards . ### the entities referred to in point and of article 55 and all financial intermediaries involved in the execution of financial operations under a financial instrument shall comply with relevant standards on the prevention of money laundering and fight against terrorism . they shall not be established and / or shall not interact with entities incorporated in territories whose jurisdictions do not co - operate with the union in relation to the application of internationally agreed tax standards .


### each agreement between an entity referred to in point and of article 55 and a financial intermediary referred to in paragraph 3 shall provide expressly for the commission and the court of auditors to exercise their powers of control , on documents and on the premises and on information , even stored on electronic media , over all third parties who have received union funds . ### each agreement between an entity referred to in point and of article 55 and a financial intermediary referred to in paragraph 3 shall provide expressly access of the commission and the court of auditors to documents , premises and to any requested information , related to the implementation of the financial instruments , even stored on electronic media , that should be provided by all third parties who have received union funds .


### in the performance of its task , the court of auditors shall be entitled to consult , in the manner provided for in article 152 , all documents and information relating to the financial management of departments or bodies with regard to operations financed or co - financed by the union . it shall have the power to make enquiries of any official responsible for a revenue or expenditure operation and to use any of the auditing procedures appropriate to the aforementioned departments or bodies . the audit in the member states shall be carried out in conjunction with the national audit institutions or , where they do not have the necessary powers , with the national departments responsible . the court of auditors and the national audit bodies of the member states shall cooperate in a spirit of trust while maintaining their independence . ### in the performance of its task , the court of auditors shall be entitled to consult , in the manner provided for in article 152 , all documents and information relating to the financial management of departments or bodies with regard to operations financed or co - financed by the union . it shall have the power to make enquiries of any official responsible for a revenue or expenditure operation and to use any of the auditing procedures appropriate to the aforementioned departments or bodies . the audit in the member states shall be carried out in liaison with the national audit bodies or , where they do not have the necessary powers , with the competent national departments . the court of auditors and the national audit bodies of the member states shall cooperate in a spirit of trust while maintaining their independence .


### parts one and three of this regulation shall apply to expenditure effected by the authorities and bodies referred to in the regulation no 1290 / 2005 on european agricultural fund for rural development , regulation no 1080 / 2006 of the european parliament and of the council23 on the european regional development fund , regulation no 1081 / 2006 of the european parliament and of the council24 on the european social fund , council regulation no 1084 / 200625 on the cohesion fund , council regulation no 1198 / 200626 on the european fisheries fund , and funds in the area of freedom , security and justice managed in shared management pursuant to article 56 of this regulation , , and to their revenue , save as otherwise provided in this title . ### parts one and three of this regulation shall apply to expenditure effected by the authorities and bodies referred to in the regulation no 1290 / 2005 on european agricultural fund for rural development , regulation no 1080 / 2006 of the european parliament and of the council23 on the european regional development fund , regulation no 1081 / 2006 of the european parliament and of the council24 on the european social fund , council regulation no 1084 / 200625 on the cohesion fund , council regulation no 1198 / 200626 on the european fisheries fund , and funds in the area of freedom , security and justice , including the funds under the ' solidarity and management of migration flows ' programme , managed in shared management pursuant to article 56 of this regulation , , and to their revenue , save as otherwise provided in this title .


### in order to promote the free movement of professionals , while ensuring a more efficient and transparent recognition of qualifications it is necessary to provide for a european professional card . in particular that card is necessary to facilitate temporary mobility and recognition under the automatic recognition system , as well as to promote a simplified recognition process under the general system . the card should be issued upon request from a professional and after submission of necessary documents and completion of related review and verification procedures by the competent authorities . the functioning of the card should be supported by the internal market information system established by regulation no [ … ] on administrative cooperation through the internal market information system23 . this mechanism should help enhance synergies and trust among competent authorities , while at the same time eliminating duplication of administrative work for the authorities and creating more transparency and certainty for professionals . the process for the application and issuing of the card should be clearly structured and incorporate safeguards and the corresponding rights of appeal for the applicant . the card and the related workflow within imi should ensure the integrity , authenticity and confidentiality of the data stored and avoid unlawful and unauthorised access to information contained therein . ### in order to promote the free movement of professionals , while ensuring a more efficient and transparent recognition of qualifications it is necessary to provide for a european professional card . in particular that card is necessary to facilitate recognition under the automatic recognition system , as well as to promote a simplified recognition process under the general system . the card should be issued upon request from a professional and after submission of necessary documents and completion of related review and verification procedures by the competent authorities . the time required for the verification of an application for a european professional card will depend on the profession . therefore , pilot projects should be undertaken in order to define realistic timeframes for each profession . these timeframes should be made publically available by the commission , for example on the youreurope portal and at the assistance centres provided for in article 57b . the results from these pilot projects may be extrapolated to similar professions . the functioning of the card should be supported by the internal market information system established by regulation no [ … ] on administrative cooperation through the internal market information system23 . this mechanism should help enhance synergies and trust among competent authorities , while at the same time eliminating duplication of administrative work for the authorities and creating more transparency and certainty for professionals . the process for the application and issuing of the card should be clearly structured and incorporate safeguards and the corresponding rights of appeal for the applicant . the card and the related workflow within imi should ensure the integrity , authenticity and confidentiality of the data stored and avoid unlawful and unauthorised access to information contained therein .


### directive 2005 / 36 / ec only applies to professionals who want to pursue the same profession in another member state . there are cases where the activities concerned are part of a profession with a larger scope of activities in the host member state . if the differences between the fields of activity are so large that in reality a full programme of education and training is required from the professional to compensate for shortcomings and if the professional so requests , a host member state should under these particular circumstances grant partial access . however , in case of overriding reasons of general interest , such as in the case of a doctor of medicine or other health professionals , a member state should be able to refuse partial access . ### directive 2005 / 36 / ec only applies to professionals who want to pursue the same profession in another member state . there are cases where the activities concerned are part of a profession with a larger scope of activities in the host member state . if the differences between the fields of activity are so large that in reality a full programme of education and training is required from the professional to compensate for shortcomings and if the professional so requests , those host member states that authorise it may under these particular circumstances grant partial access . however , in case of overriding reasons of general interest , such as in the case of a doctor of medicine or other health professionals or in the case of professions with a particular geographical character , a member state should be able to refuse partial access .


### directive 2005 / 36 / ec only applies to professionals who want to pursue the same profession in another member state . there are cases where the activities concerned are part of a profession with a larger scope of activities in the host member state . if the differences between the fields of activity are so large that in reality a full programme of education and training is required from the professional to compensate for shortcomings and if the professional so requests , a host member state should under these particular circumstances grant partial access . however , in case of overriding reasons of general interest , such as in the case of a doctor of medicine or other health professionals , a member state should be able to refuse partial access . ### directive 2005 / 36 / ec only applies to professionals who want to pursue the same profession in another member state . there are cases where the activities concerned are part of a profession with a larger scope of activities in the host member state . if the differences between the fields of activity are so large that in reality a full programme of education and training is required from the professional to compensate for shortcomings and if the professional so requests , a host member state should under these particular circumstances grant partial access . however , in case of overriding reasons of general interest , such as in the case of any profession that has public health , safety or health monitoring responsibilities , the member state should be able to exclude the professions in question from the partial access arrangements .


### in the absence of harmonisation of the minimum training conditions for access to the professions governed by the general system , it should remain possible for the host member state to impose a compensation measure . this measure should be proportionate and , in particular , take account of the knowledge , skills and competences gained by the applicant in the course of his professional experience or through lifelong learning . the decision imposing a compensatory measure should be justified in detail in order to enable the applicant to better understand his situation and to seek legal scrutiny before national courts under directive 2005 / 36 / ec . ### in the absence of harmonisation of the minimum training conditions for access to the professions governed by the general system , it should remain possible for the host member state to impose a compensation measure . this measure should be proportionate and , in particular , take account of the knowledge , skills and competences gained by the applicant in the course of his professional experience or through lifelong learning certified by the competent authorities . the decision imposing a compensatory measure should be justified in detail in order to enable the applicant to better understand his situation and to seek legal scrutiny before national courts under directive 2005 / 36 / ec .


### in the interest of enhancing the mobility of medical specialists who have already obtained a medical specialist qualification and afterwards follow another specialist training , member states should be allowed to grant exemptions from some part of the training if such elements of the training have already been completed during the former medical specialist training programme in that member state covered by the automatic recognition regime . ### in the interest of enhancing the mobility of medical specialists who have already obtained a medical specialist qualification and afterwards follow another specialist training , member states should be allowed to grant exemptions from some part of the training if such elements of the training have already been completed during the former medical specialist training programme in a member state covered by the automatic recognition regime .


### directive 2005 / 36 / ec should promote a more automatic character of recognition of qualifications for those professions which do not currently benefit from it . this should take account of the competence of member states to decide the qualifications required for the pursuit of professions in their territory as well as the contents and the organisation of their systems of education and professional training . professional associations and organisations which are representative at national and union level should be able to propose common training principles . it should take the form of a common test as a condition for acquiring a professional qualification , or training programmes based on a common set of knowledge , skills and competences . qualifications obtained under such common training frameworks should automatically be recognised by member states . ### directive 2005 / 36 / ec should promote a more automatic character of recognition of qualifications for those professions which do not currently benefit from it . this should take account of the competence of member states to decide the qualifications required for the pursuit of professions in their territory as well as the contents and the organisation of their systems of education and professional training . dual vocational training systems are a key element for low youth unemployment because they are tailored to the requirements of the labour market . this ensures a smooth transition from training into working life . if common training frameworks for which a dual training system already exists in a member state are therefore to be created in a regulated profession , then the common training frameworks should be based on this conceptual approach whilst retaining the standards that exist in the member state concerned .


### directive 2005 / 36 / ec provides for a system of national contact points . due to the entry into force of directive 2006 / 123 / ec of the european parliament and of the council of 12 december 2006 on services in the internal market and the establishment of points of single contact under that directive , there is a risk of overlap . therefore , the national contact points established by directive 2005 / 36 / ec should become assistance centres which should focus their activities on providing advice to citizens , including face to face advice , in order to ensure that daily application of internal market rules in individual cases of citizens is followed up at national level . ### directive 2005 / 36 / ec provides for a system of national contact points . due to the entry into force of directive 2006 / 123 / ec of the european parliament and of the council of 12 december 2006 on services in the internal market and the establishment of points of single contact under that directive , there is a risk of overlap . therefore , the national contact points established by directive 2005 / 36 / ec should become assistance centres which should focus their activities on providing advice to citizens , including face to face advice , in order to ensure that daily application of internal market rules in individual cases of citizens is followed up effectively at national level .


### whilst the directive already provides for detailed obligations for member states to exchange information , such obligations should be reinforced . member states should not only react to request for information but also alert other member states in a proactive manner . such alert system should be similar to that of directive 2006 / 123 / ec . a specific alert mechanism is however necessary for health professionals benefiting from automatic recognition under directive 2005 / 36 / ec . this should also apply to veterinary surgeons unless the member states have already triggered the alert mechanism provided for in directive 2006 / 123 / ec . all member states should be alerted if a professional due to a disciplinary action or criminal conviction is no longer entitled to move to another member state . this alert should be activated through the imi regardless of whether the professional has exercised any of the rights under directive 2005 / 36 / ec or of whether he has applied for recognition of his professional qualifications through the issuance of a european professional card or through any other method provided for by that directive . the alert procedure should comply with union law on the protection of personal data and other fundamental rights . ### whilst the directive already provides for detailed obligations for member states to exchange information , such obligations should be reinforced . member states should not only react to requests for information but also alert other member states in a proactive manner . such an alert system should be similar to that of directive 2006 / 123 / ec . a specific alert mechanism is however necessary for health professionals benefiting from automatic recognition under directive 2005 / 36 / ec . this should also apply to veterinary surgeons unless the member states have already triggered the alert mechanism provided for in directive 2006 / 123 / ec . all member states should be alerted if professionals due to a disciplinary action or criminal conviction are stripped of their right to pursue a profession , or if they have used or attempted to use forged documents in their application for recognition of qualifications . this alert should be activated immediately through the imi regardless of whether the professional has exercised any of the rights under directive 2005 / 36 / ec or of whether he has applied for recognition of his professional qualifications through the issuance of a european professional card or through any other method provided for by that directive . the alert procedure should comply with union law on the protection of personal data and other fundamental rights .


### in order to supplement or amend certain non - essential elements of directive 2005 / 36 / ec , 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 in respect of updating of annex i , setting the criteria for the calculation of fees related to the european professional card , establishing the details of the documentation necessary for the european professional card , the adaptations of the list of activities set out in annex iv , the adaptations of points 5 . 1 . 1 to 5 . 1 . 4 , 5 . 2 . 2 , 5 . 3 . 2 , 5 . 3 . 3 , 5 . 4 . 2 , 5 . 5 . 2 , 5 . 6 . 2 and 5 . 7 . 1 of annex v , clarifying the knowledge and skills for medical doctors , nurses responsible for general care , dental practitioners , veterinary surgeons , midwives , pharmacists and architects , adapting the minimum periods of training for specialist medical trainings and specialist dental training , the inclusion in point 5 . 1 . 3 of annex v of new medical specialities , the amendments to the list set out in points 5 . 2 . 1 , 5 . 3 . 1 , 5 . 4 . 1 , 5 . 5 . 1 and 5 . 6 . 1 of annex v , inclusion in point 5 . 3 . 3 of annex v of new dental specialities , specifying the conditions of application of common training frameworks , and specifying the conditions of application of common training tests . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council . ### in order to supplement or amend certain non - essential elements of directive 2005 / 36 / ec , 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 in respect of updating of annex i , setting the criteria for the calculation of fees related to the european professional card , establishing the details of the documentation necessary for the european professional card , specifying the conditions of application of common training frameworks , and specifying the conditions of application of common training tests . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level and of the relevant stakeholder forum or fora as provided for in article 57 . c . in particular , the professions should be consulted in accordance with article 58 . a and their proposals integrated into delegated acts concerning the adaptations of the list of activities set out in annex iv , the adaptations of points 5 . 1 . 1 to 5 . 1 . 4 , 5 . 2 . 2 , 5 . 3 . 2 , 5 . 3 . 3 , 5 . 4 . 2 , 5 . 5 . 2 , 5 . 6 . 2 and 5 . 7 . 1 of annex v , clarifying the knowledge and skills for medical doctors , nurses responsible for general care , dental practitioners , veterinary surgeons , midwives , pharmacists and architects , adapting the minimum periods of training for specialist medical trainings and specialist dental training , the inclusion in point 5 . 1 . 3 of annex v of new medical specialities , the amendments to the list set out in points 5 . 2 . 1 , 5 . 3 . 1 , 5 . 4 . 1 , 5 . 5 . 1 and 5 . 6 . 1 of annex v , and inclusion in point 5 . 3 . 3 of annex v of new dental specialities . the commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council .


### the advisory procedure should be used for the adoption of implementing acts in order to lay down common and uniform rules regarding the specification of european professional cards for specific professions , the format of the european professional card , the translations necessary to support an application for issuing a european professional card , details for the assessment of the applications for a european professional card , the technical specifications and the measures necessary to ensure integrity , confidentiality and accuracy of information contained in the european professional card and in the imi file , the conditions and the procedures for making available a european professional card , the conditions of access to the imi file , the technical means and the procedures for the verification of the authenticity and validity of a european professional card and the implementation of the alert mechanism , due to the technical nature of those implementing acts . ### the examination procedure should be used for the adoption of implementing acts in order to lay down common and uniform rules regarding the specification of european professional cards for specific professions , the format of the european professional card , the translations necessary to support an application for issuing a european professional card , details for the assessment of the applications for a european professional card , the technical specifications and the measures necessary to ensure integrity , confidentiality and accuracy of information contained in the european professional card and in the imi file , the conditions and the procedures for making available a european professional card , the conditions of access to the imi file , the technical means and the procedures for the verification of the authenticity and validity of a european professional card and the implementation of the alert mechanism , due to the technical nature of those implementing acts . where necessary , the commission may undertake pilot projects , consultation and taking into account proposals from professional bodies as provided for in article 58 . a stakeholder fora as provided in article 57 . c . in order to evaluate the functioning of the rules and procedures to be incorporated into the implementing act .


### point is replaced by the following : ### points and are replaced by the following :


### ' professional experience ' : the actual and lawful full - time or equivalent part - time pursuit of the profession concerned in a member state ; ### ' professional experience ' : the actual , lawful and unconditional full - time or equivalent part - time pursuit of the profession concerned in a member state ; ' aptitude test ' : a test of the professional knowledge , skills and competences of the applicant , made or recognised by the competent authorities of the host member state with the aim of assessing the ability of the applicant to pursue a regulated profession in that member state . in order to permit this test to be carried out , the competent authorities shall draw up a list of subjects which , on the basis of a comparison of the education and training required in the member state and that received by the applicant , are not covered by the diploma or other evidence of formal qualifications possessed by the applicant . the aptitude test must take account of the fact that the applicant is a qualified professional in the home member state or the member state from which he comes . it shall cover subjects to be selected from those on the list , knowledge of which is essential in order to be able to pursue the profession in the host member state . the test may also include knowledge of the professional rules applicable to the activities in question in the host member state . the detailed application of the aptitude test and the status , in the host member state , of the applicant who wishes to prepare himself for the aptitude test in that state shall be determined by the competent authorities in that member state ;


### european professional card for the temporary provision of services other than those covered by article 7 ### european professional card for the temporary and occasional provision of services other than those covered by article 7


### the decision of the home member state , or the absence of a decision within the period of two weeks referred to in paragraph 1 , shall be subject to appeal under national law . ### the decision of the home member state , or the absence of a decision within the period defined in paragraph 5 , shall be subject to appeal under national law .


### european professional card for establishment and for the temporary provision of services under article 7 ### european professional card for establishment and for the temporary and occasional provision of services under article 7


### the competent authorities of the home and the host member states shall update in a timely manner the corresponding imi file with information regarding disciplinary action or criminal sanctions taken or any other serious specific circumstances which are likely to have consequences for the pursuit of activities of the holder of the european professional card under this directive . such updates include the deletion of information which is no longer required . the holder of the european professional card and the competent authorities involved in the corresponding imi file shall be informed of any updates by the competent authorities concerned . ### the competent authorities of the home and the host member states shall update in a timely manner the corresponding imi file with information regarding disciplinary action or criminal sanctions taken or any other serious specific circumstances , including decisions taken in accordance with article 56 . a , which are likely to have consequences for the pursuit of activities of the holder of the european professional card under this directive . such updates include the deletion of information which is no longer required . the holder of the european professional card and the competent authorities involved in the corresponding imi file shall be informed of any updates by the competent authorities concerned .


### the competent authorities of the home and the host member states shall update in a timely manner the corresponding imi file with information regarding disciplinary action or criminal sanctions taken or any other serious specific circumstances which are likely to have consequences for the pursuit of activities of the holder of the european professional card under this directive . such updates shall include the deletion of information which is no longer required . the holder of the european professional card and the competent authorities involved in the corresponding imi file shall be informed of any updates by the competent authorities concerned . ### the competent authorities of the home and the host member states shall update in a timely manner the corresponding imi file with information regarding disciplinary action or criminal sanctions taken or any other serious specific circumstances which are likely to have consequences for the pursuit of activities of the holder of the european professional card under this directive . such updates shall include the deletion of information which is no longer required . the holder of the european professional card and the competent authorities involved in the corresponding imi file shall be informed immediately of any updates by the competent authorities concerned .


### the competent authority of the host member state shall grant partial access to a professional activity in its territory provided that the following conditions are fulfilled : ### where the competent authority of the host member state grants partial access to a professional activity in its territory , the following conditions must be fulfilled :


### the competent authorities of the host member state may ask the competent authorities of the member state of establishment , in case of doubts , to provide any information relevant to the legality of the service provider ' s establishment and his good conduct , as well as the absence of any disciplinary or criminal sanctions of a professional nature . in case of control of qualifications , the competent authorities of the host member state may ask the competent authorities of the member state of establishment information about the service provider training courses to the extent necessary to assess substantial differences likely to be harmful to public health or safety . the competent authorities of the member state of establishment shall provide this information in accordance with article 56 . ### the competent authorities of the host member state may ask the competent authorities of the member state of establishment , in case of doubts , to provide any information relevant to the legality of the service provider ' s establishment and his good conduct , as well as the absence of any disciplinary or criminal sanctions of a professional nature . in case of control of qualifications , the competent authorities of the host member state may ask the competent authorities of the member state of establishment information about the service provider training courses to the extent necessary to assess substantial differences likely to be harmful to public health or safety . the host member state may take account in particular of qualifications or certificates obtained under the procedures in points and of article 49 . the competent authorities of the member state of establishment shall provide this information in accordance with article 56 .


### diploma certifying that the holder has successfully completed a post - secondary course of more than four years ' duration , or of an equivalent duration on a part - time basis , or if applicable in the home member state , of an equivalent number of ects credits , at a university or establishment of higher education or another establishment of equivalent level and , where appropriate , that he has successfully completed the professional training required in addition to the post - secondary course . ### diploma certifying that the holder has successfully completed a post - secondary course of more than four years ' duration , or of an equivalent duration on a part - time basis , which , if applicable in the home member state , corresponds to an equivalent number of ects credits , at a university or establishment of higher education or another establishment of equivalent level and , where appropriate , that he has successfully completed the professional training required in addition to the post - secondary course .


### for the purposes of paragraphs 1 and 5 , ‘ substantially different matters’ shall mean matters of which knowledge is essential for pursuing the profession and with regard to which the training received by the migrant shows important differences in terms of content from the training required by the host member state . ### for the purposes of paragraphs 1 and 5 , ‘ substantially different matters’ shall mean matters of which knowledge is essential for pursuing the profession and with regard to which the training received by the migrant shows important differences in terms of duration or content from the training required by the host member state .


### explain the substantial differences in terms of content ; ### explain the substantial differences in terms of content and the implications those differences have for the professional ' s ability to practise his profession in a satisfactory manner in the host member state ;


### explain why these substantial differences cannot be compensated by the applicants knowledge , skills and competences gained in the course of his professional experience and through lifelong learning . ### explain why these substantial differences cannot be compensated by the applicants knowledge , skills and competences gained in the course of his professional experience and through lifelong learning certified by competent authorities .


### the aptitude test referred to in paragraph 1 shall be organized at least twice a year and applicants shall be authorized to resit a test at least once if they failed a first test . ' . ### member states shall ensure that applicants have the possibility of sitting the aptitude test referred to in paragraph 1 no later than 6 months after the date of imposition of a compensatory measure on a specific applicant for recognition . applicants shall be authorized to resit a test at least once if they failed a first test . ' .


### in article 21 , paragraphs 4 , 6 and 7 are deleted . ### in article 21 , paragraph 4 , subparagraphs 2 and 3 of paragraph 6 , and paragraph 7 are deleted .


### member states may lay down in their national legislations partial exemptions from parts of the specialist medical training , if that part of the training has been followed already during the completion of another specialist training programme which is listed in point 5 . 1 . 3 of annex v and provided that the former specialist qualification has already been obtained by the professional in that member state . member states shall ensure that the granted exemption is not more than one - third of the minimum duration of specialist medical training courses as referred to in point 5 . 1 . 3 of annex v . ### member states may lay down in their national legislations partial exemptions from parts of the specialist medical training , if that part of the training has been followed already during the completion of another specialist training programme which is listed in point 5 . 1 . 3 of annex v and provided that the former specialist qualification has already been obtained by the professional . member states shall ensure that the granted exemption is not more than one - third of the minimum duration of specialist medical training courses as referred to in point 5 . 1 . 3 of annex v .


### the commission shall be empowered to adopt delegated acts in accordance with article 58a concerning the adaptations of the minimum periods of training referred to in point 5 . 1 . 3 of annex v to scientific and technical progress . ### the commission shall be empowered , following consultation with professional bodies as provided for in article 58 . a and integrating their proposals , to adopt delegated acts in accordance with article 58a concerning the adaptations of the minimum periods of training referred to in point 5 . 1 . 3 of annex v to scientific and technical progress .


### in article 26 , the second paragraph is replaced by the following : ### article 26 is replaced by the following :


### in article 45 , the following point is added : ### article 45 is replaced by the following :


### report the adverse reactions of pharmaceutical products to the competent authorities . ### the member states shall ensure that the holders of evidence of formal qualifications in pharmacy at university level or a level deemed to be equivalent , which satisfies the provisions of article 44 , are able to gain access to and pursue at least the following activities , subject to the requirement , where appropriate , of supplementary professional experience : preparation of the pharmaceutical form of medicinal products ; manufacture and testing of medicinal products ; testing of medicinal products in a laboratory for the testing of medicinal products ; storage , preservation and distribution of medicinal products at the wholesale stage ; supply , preparation , testing , storage and distribution of safe and high - quality medicinal products in pharmacies open to the public ; preparation , testing , storage and dispensing of medicinal products in hospitals ; monitoring of medicinal treatments and provision of information and advice on medicinal products and health - related issues ; reporting of adverse reactions of pharmaceutical products to the competent authorities ; personalised support for patients who administer their own medication ; contribution to institutional public health campaigns .


### the commission shall be empowered to adopt delegated acts in accordance with article 58a concerning the inclusion in point 5 . 1 . 3 of annex v of new medical specialties common to at least one third of the member states with a view to updating this directive in the light of changes in national legislation . ### evidence of formal qualifications as a specialised doctor referred to in article 21 is such evidence awarded or recognised by the competent authorities or bodies referred to in annex v , point 5 . 1 . 2 as corresponds , for the specialised training in question , to the titles in use in the various member states and referred to in annex v , point 5 . 1 . 3 . the commission shall be empowered to adopt delegated acts in accordance with article 58a concerning the inclusion in point 5 . 1 . 3 of annex v of new medical specialties common to at least one third of the member states with a view to updating this directive in the light of changes in national legislation .


### member states shall recognise evidence of formal qualifications in nursing awarded in poland , to nurses who completed training before 1 may 2004 , which did not comply with the minimum training requirements laid down in article 31 , attested by the diploma “bachelor” which has been obtained on the basis of a special upgrading programme contained in article 11 of the act of 20 april 2004 on the amendment of the act on professions of nurse and midwife and on some other legal acts , and the regulation of the minister of health of 12 april 2010 amending the regulation of the minister of health of 11 may 2004 on the detailed conditions of delivering studies for nurses and midwives , who hold a certificate of secondary school and are graduates of medical lyceum and medical vocational schools teaching in a profession of a nurse and a midwife , with the aim of verifying that the person concerned has a level of knowledge and competence comparable to that of nurses holding the qualifications which , in the case of poland , are defined in point 5 . 2 . 2 . of annex v . ### member states shall recognise evidence of formal qualifications in nursing awarded in poland , to nurses who completed training before 1 may 2004 , which did not comply with the minimum training requirements laid down in article 31 , attested by the diploma ' bachelor ' which has been obtained on the basis of a special upgrading programme contained in article 11 of the act of 20 april 2004 on the amendment of the act on professions of nurse and midwife and on some other legal acts , and the regulation of the minister of health of 11 may 2004 on the detailed conditions of delivering studies for nurses and midwives , who hold a certificate of secondary school and are graduates of medical lyceum and medical vocational schools teaching in a profession of a nurse and a midwife , replaced by article 55 . 2 of the act of 15 july 2011 on professions of nurse and midwife , and the regulation of the minister of health of 14 june 2012 on the detailed conditions of delivering higher education courses for nurses and midwives who hold a certificate of secondary school and are graduates of a medical secondary school or a post - secondary school teaching in a profession of a nurse and a midwife , with the aim of verifying that the person concerned has a level of knowledge and competence comparable to that of nurses holding the qualifications which , in the case of poland , are defined in annex v , point 5 . 2 . 2 .


### the duration of the training as an architect must be at least six years which may also be expressed with the equivalent ects credits . the training in a member state shall comprise any of the following : ### the duration of the training as an architect must be at least six years which may also be expressed with the equivalent ects credits . the training in a member state shall comprise any or both of the following :


### the remunerated traineeship must be carried out in a member state , under the supervision of a person providing adequate guarantees regarding their ability to provide practical training . it must be undertaken after the completion of the study referred to in paragraph 1 . the completion of the remunerated traineeship must be attested to in a certificate accompanying the evidence of formal qualifications . ### the traineeship must be carried out in a member state , under the supervision of a person providing adequate guarantees regarding their ability to provide practical training . it must be undertaken after the completion of the study referred to in paragraph 1 . the completion of the traineeship must be attested to in a certificate accompanying the evidence of formal qualifications .


### for the purpose of this article , &#8220 ; common training framework&#8221 ; shall mean a common set of knowledge , skills and competences necessary for the pursuit of a specific profession . for the purpose of access to and pursuit of such profession , a member state shall give evidence of qualifications acquired on the basis of such framework the same effect in its territory as the evidence of formal qualifications which it itself issues , on condition that such framework fulfils the criteria set under paragraph 2 . such criteria shall respect the specifications referred to in paragraph 3 . ### for the purpose of this article , &#8220 ; common training framework&#8221 ; shall mean a common set of knowledge , skills and competences necessary for the pursuit of a specific profession or post graduate specialty of a profession regulated under chapter iii of title iii . for the purpose of access to and pursuit of such profession or specialty , a member state shall give evidence of qualifications acquired on the basis of such framework the same effect in its territory as the evidence of formal qualifications which it itself issues , on condition that such framework fulfils the criteria set under paragraph 2 . such criteria shall respect the specifications referred to in paragraph 3 .


### the profession concerned is already regulated in at least one third of all member states ; ### the profession concerned is already regulated in at least one third of all member states ; or two thirds of member states agree to the provisions of article 49 . a . 2 .


### the profession concerned is regulated in at least one third of all member states ; ### the profession concerned is regulated in at least one third of all member states or two thirds of member states agree to the provisions of article 49 . b . 2 .


### the profession concerned is neither covered by another common training framework nor regulated already under chapter iii of title iii ; ### the profession or post graduate specialty of a profession regulated under chapter iii of title iii is neither covered by another common training framework nor regulated already under chapter iii of title iii or article 10 , point b , or already recognised as a specialty within annex v ;


### the competent authorities of a member state shall inform the competent authorities of all other member states and the commission about the identity of a professional who has been prohibited by national authorities or courts from pursuing , even temporarily , on the territory of that member state the following professional activities : ### the competent authorities of a member state shall inform the competent authorities of all other member states about the identity of a professional who has been prohibited , following a legally binding decision , by national authorities or courts from pursuing , even temporarily , on the territory of that member state the following professional activities :


### doctor of medicine of general practice possessing evidence of a formal qualification referred to in point 5 . 1 . 4 of annex v ; ### doctor with basic medical training possessing evidence of a formal qualification referred to in point 5 . 1 . 1 of annex v ;


### the processing of personal data of the purpose of the exchange of information according to paragraphs 1 and 2 shall be carried out in accordance with directives 95 / 46 / ec and 2002 / 58 / ec . the processing of personal data by the commission shall be carried out in accordance with regulation no 45 / 2001 . ### the processing of personal data of the purpose of the exchange of information according to paragraphs 1 and 2 shall be carried out in accordance with directives 95 / 46 / ec and 2002 / 58 / ec . the processing of personal data by the commission shall be carried out in accordance with regulation no 45 / 2001 . in any case , the details contained in the alert are restricted to the identity of the professional , the date the alert was issued and if applicable , length of suspension .


### the commission shall adopt implementing acts for the application of the alert mechanism . the implementing act shall include provisions on the competent authorities entitled to sending and / or receiving alerts , on complementing the alerts with additional information , on the withdrawal and closure of alerts , on rights of access to data , ways of correcting the information contained in the alerts , and measures to ensure the security of processing and retention periods . those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 58 . ### the commission shall adopt implementing acts , following consultation with professional bodies and stakeholders as provided for by articles 57 . c . and 58 . a and taking into account their proposals , for the application of the alert mechanism . the implementing act shall include provisions on the competent authorities entitled to sending and / or receiving alerts , on complementing the alerts with additional information , on the withdrawal and closure of alerts , on rights of access to data , ways of correcting the information contained in the alerts , and measures to ensure the security of processing and retention periods . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 58 .


### member states shall ensure that the information referred to in paragraph 1 is provided in a clear and comprehensive way for users , that it is easily accessible at a distance and by electronic means and that it is kept up to date . ### member states shall ensure that the information referred to in paragraph 1 is provided in a clear and comprehensive way for users , that it is easily accessible at a distance and by electronic means and that it is updated as swiftly as possible .


### member states shall ensure that the points of single contact and the competent authorities respond as quickly as possible to any request for information addressed to the point of single contact . to this end , they may also refer such request for information to the assistance centers mentioned in article 57b and inform the citizen concerned . ### does not affect english version .


### member states and the commission shall take accompanying measures in order to ensure that points of single contact make the information provided for in paragraph 1 available in other official languages of the union . this shall not affect the legislation of member states on the use of languages in their territory . ### member states and the commission shall take accompanying measures in order to ensure that points of single contact make the information provided for in paragraph 1 available in all the official languages of the home state and also , as a minimum , in the procedural languages1 of the union . this shall not affect the legislation of member states on the use of languages in their territory . __________________ 1procedural languages of the union = english , french , german


### member states and the commission shall take accompanying measures in order to ensure that points of single contact make the information provided for in paragraph 1 available in other official languages of the union . this shall not affect the legislation of member states on the use of languages in their territory . ### does not affect english version .


### all procedures shall be carried out in accordance with the provisions of directive 2006 / 123 / ec relating to the points of single contact . any time limits for member states to be complied with procedures or formalities set out in this directive shall commence at the point when an application has been submitted by a citizen to a point of single contact . ### all procedures shall be carried out in accordance with the provisions of directive 2006 / 123 / ec relating to the points of single contact . any time limits for member states to comply with procedures or formalities set out in this directive shall commence at the point when a complete application has been submitted by a citizen to a point of single contact .


### member states shall notify to the commission a list of existing regulated professions according to their national law by [ insert date &#8211 ; end of transposition period ] . any change to this list of regulated professions shall also be notified to the commission without delay . the commission shall set up and maintain a publicly available database for such information . ### member states shall notify to the commission a list of existing regulated professions according to their national law by [ one year after the entry into force of this directive ] . any change to this list of regulated professions shall also be notified to the commission without delay . the commission shall set up and maintain a publicly available database for such information .


### this regulation lays down rules on the access of third - country goods and services to the award of contracts for the execution of works or a work , the supply of goods and the provision of services by union contracting authorities / entities , and establishes procedures supporting negotiations on access of union goods and services to the public procurement markets of third countries . ### member states or their contracting authorities / entities may restrict the access of third country goods and services to their tendering procedures only by measures provided and authorized by eu law .


### where the contracting authority / entity intends , under article 69 of the directive on public procurement or under article 79 of the directive on procurement by entities operating in the water , energy , transport and postal services sectors , after verifying the explanations of the tenderer , to accept an abnormally low tender comprising goods and / or services originating outside the union , in which the value of the non - covered goods or services exceeds 50 % of the total value of the goods or services constituting the tender , it shall inform the other tenderers of this in writing , including the reasons for the abnormally low character of the price or costs charged . ### contracting authority / entity , under article 69 of the directive on public procurement or under article 79 of the directive on procurement by entities operating in the water , energy , transport and postal services sectors , shall require economic operators to explain the price or costs proposed in the tender where tenders appear to be abnormally low in relation to the works , supplies or services . 2 . the explanations referred to in paragraph 1 may in particular relate to : the economics of the construction method , the manufacturing process or the services provided the technical solutions chosen or any exceptionally favourable conditions available to the tenderer for the execution of the work or for the supply of the goods or services ; the originality of the work , supplies or services proposed by the tenderer ; compliance with obligations referred to in article 6 . 1 new . compliance with obligations referred to in article 71 of directive on public procurement or under article 81 of the directive on procurement by entities operating in the water , energy , transport and postal services sectors . the possibility of the tenderer obtaining state aid . after verifying the explanations of the tenderer , to accept an abnormally low tender comprising goods and / or services originating outside the union , in which the value of the non - covered goods or services exceeds 50 % of the total value of the goods or services constituting the tender , it shall inform the other tenderers of this in writing , including the reasons for the abnormally low character of the price or costs charged . 3 . the contracting authority shall assess the information provided by consulting the tenderer . it may only reject the tender where the evidence supplied does not satisfactorily account for the low level of price or costs proposed , taking into account the elements referred to in paragraph 2 . contracting authorities shall reject the tender , where they have established that the tender is abnormally low because it does not comply with applicable obligations referred to in article 6 . 1 new . 4 . where a contracting authority establishes that a tender is abnormally low because the tenderer has obtained state aid , the tender may be rejected on that ground alone only after consultation with the tenderer where the latter is unable to prove , within a sufficient time limit fixed by the contracting authority , that the aid in question was compatible with the internal market within the meaning of article 107 of the treaty . 5 . upon request , member states shall make available to other member states by way of administrative cooperation any information at its disposal , such as laws , regulations , universally applicable collective agreements or national technical standards , relating to the evidence and documents produced in relation to details listed in paragraph 2 .


### where the commission considers it to be in the interest of the union , it may at any time , on its own initiative or upon application of interested parties or a member state , may initiate an external procurement investigation into alleged restrictive procurement measures . ### where an intended exclusion has been approved in accordance with article 6 of this regulation , the commission shall initiate an external investigation into alleged restrictive procurement measures . the commission may also at any time , on its own initiative or upon application of interested parties , namely a contracting authority / entity , or a member state , initiate an external procurement investigation into alleged restrictive procurement measures . the commission shall , in that case , take account in particular of whether it has already been notified of a number of intended exclusions concerning the same restrictive measures . should an investigation be initiated , the commission shall publish a notice in the official journal of the union , inviting interested parties and member states to provide all relevant information to the commission within a specified period of time . should the commission decline to initiate an investigation requested by a member state or a contracting authority / entity , it shall justify its decision to the applicants within a period of four weeks .


### the commission may terminate the consultation if the country concerned undertakes international commitments agreed with the union in any of the following frameworks : ### the commission may terminate the consultation if the country concerned has undertaken with the union or at international level the following measures : corrective actions by the country concerned and international commitments with the european union by the country concerned with no restrictions / exclusions regarding the goods and services concerned by the investigation . these international commitments shall be agreed in any of the following frameworks :


### where it is found in an investigation pursuant to article 8 , and after following the procedure foreseen in article 9 , that restrictive procurement measures adopted or maintained by that third country leads to a lack of substantial reciprocity in market opening between the union and the third country as referred to in article 6 , the commission may adopt implementing acts to temporarily limit the access of non - covered goods and services originating in a third country . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 17 . ### where it is found in an investigation pursuant to article 8 , and after following the procedure foreseen in article 9 , that there is a lack of substantial reciprocity in market opening between the union and the third country as referred to in article 2 , the commission shall adopt implementing acts to limit the access of non - covered goods and services originating in a third country . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 17 .


### the biennal report shall contain information relating to the previous year on the measures financed , the results of monitoring and evaluation exercises , the involvement of the relevant partners , and the implementation of budgetary commitments and of payments appropriations . it shall assess the results of the union ' s financial assistance , using as far as possible , specific and measurable indicators of its role in meeting the objectives of the instruments . ### the biennial report shall contain information relating to the previous year on the measures financed , the results of monitoring and evaluation exercises , the involvement of the relevant partners , and the implementation of budgetary commitments and of payments appropriations . it shall assess the results of the union ' s financial assistance , using as far as possible , specific and measurable indicators of both a quantitative and a qualitative nature to assess its role in meeting all the objectives of the instruments , and covering all relevant aspects of the instruments .


### linkages and interfaces shall be implemented across and within the priorities of horizon 2020 . particular attention shall be paid in this respect to the development and application of key enabling and industrial technologies , to bridging from discovery to market application , to cross - disciplinary research and innovation , to social and economic sciences and humanities , to fostering the functioning and achievement of the era , to cooperation with third countries , to responsible research and innovation including gender , and to enhancing the attractiveness of the research profession and to facilitating cross - border and cross - sector mobility of researchers . ### linkages and interfaces shall be implemented across and within the priorities of horizon 2020 . particular attention shall be paid in this respect to the development and application of key enabling and industrial technologies , to bridging from discovery to market application , to cross - disciplinary research and innovation , to social and economic sciences and humanities , to fostering the functioning and achievement of the era , to cooperation with third countries , to responsible research and innovation including gender , to enhancing the attractiveness of the research profession and to facilitating the cross - border and cross - sector mobility of researchers , while also promoting the involvement of researchers from developing countries .


### by 2020 , the erc therefore shall aim to demonstrate : that the best researchers are participating in the erc’s competitions , that erc funding has led directly to scientific publications of the highest quality and to the commercialisation and application of innovative technologies and ideas and that the erc has contributed significantly to making europe a more attractive environment for the world’s best scientists . in particular , the erc shall target a measurable improvement in the union’s share of the world’s top 1% most highly cited publications . in addition it shall aim at a substantial increase in the number of excellent researchers from outside europe whom it funds and specific improvements in institutional practices and national policies to support top researchers . ### by 2020 , the erc therefore shall aim to demonstrate : that the best researchers are participating in the erc’s competitions , that erc funding has led directly to scientific publications of the highest quality and to the commercialisation and application of innovative technologies and ideas and that the erc has contributed significantly to making europe a more attractive environment for the world’s best scientists . in particular , the erc shall target a measurable improvement in the union’s share of the world’s top 1% most highly cited publications . in addition it shall aim at an increase in the number of excellent researchers from outside europe whom it funds , with the provision of support for young researchers from developing countries , and at specific improvements in institutional practices and national policies to support top researchers .


### smes shall be supported across horizon 2020 . for this purpose a dedicated sme instrument shall provide staged and seamless support covering the whole innovation cycle . the sme instrument shall be targeted at all types of innovative smes showing a strong ambition to develop , grow and internationalise . it shall be provided for all types of innovation , including service , non - technological and social innovations . the aim is to develop and capitalise on the innovation potential of smes by filling the gap in funding for early stage high risk research and innovation , stimulating innovations and increasing private - sector commercialisation of research results . ### smes shall be supported across horizon 2020 . for this purpose a dedicated sme instrument shall provide staged and seamless support covering the whole innovation cycle . the sme instrument shall be targeted at all types of innovative smes showing a strong ambition to develop , grow and internationalise and which , when it comes to the opening - up of external markets , implement policies focused on corporate social responsibility , particularly if they are operating in developing countries . it shall be provided for all types of innovation , including service , non - technological and social innovations . the aim is to develop and capitalise on the innovation potential of smes by filling the gap in funding for early stage high risk research and innovation , stimulating innovations and increasing private - sector commercialisation of research results .


### the aim is to supply sufficient food , feed , biomass and other raw - materials , while safeguarding natural resources and enhancing ecosystems services , including coping with and mitigating climate change . the activities shall focus on more sustainable and productive agriculture and forestry systems which are both resource - efficient and resilient , while at the same time developing of services , concepts and policies for thriving rural livelihoods . ### the aim is to supply sufficient food , feed , biomass and other raw - materials , while safeguarding natural resources both inside and outside the european union and enhancing ecosystems services , including coping with and mitigating climate change and land grabbing in developing countries . the activities shall focus on more sustainable and productive agriculture and forestry systems which are both resource - efficient and resilient , while at the same time developing of services , concepts and policies for thriving rural livelihoods .


### the priority area climate change mitigation should contribute to the development and implementation of union climate - related policy and legislation , in particular with regard to greenhouse gas monitoring and reporting , policies related to land use , land use change and forestry , emissions trading system , member states ' effort to reduce greenhouse gas emissions , carbon capture and storage , renewable energy , energy efficiency , transport and fuels , ozone layer protection and fluorinated gases . ### the priority area climate change mitigation should contribute to the development and implementation of union climate - related policy and legislation , in particular with regard to greenhouse gas monitoring and reporting , policies related to land use , land use change and forestry , emissions trading system , member states ' effort to reduce greenhouse gas emissions , carbon capture and storage , renewable energy , waste recovery and biogas production , energy efficiency , transport and fuels , ozone layer protection and fluorinated gases .


### in order to secure the best possible use of union funds and to ensure european added value , 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 in respect of eligibility criteria for project selection , criteria for the application of geographical balance to “integrated projects” , and performance indicators applicable to specific thematic priorities . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council . ### in order to secure the best possible use of union funds and to ensure european added value , 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 in respect of eligibility criteria for project selection , criteria for the application of geographical balance to “integrated projects” , and performance indicators applicable to specific thematic priorities . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level and with social partners and local and regional authorities . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council .


### ' pilot projects ' mean projects that apply a technique or method that has not been applied or tested before , or elsewhere , and that offer potential environmental or climate advantages compared to current best practice ; ### ' pilot projects ' mean projects that apply a technique or method that has not been applied or tested before , or elsewhere , and that offer potential environmental or climate advantages compared to current best practice and which can subsequently be applied on a larger scale to similar situations ;


### “integrated projects” mean projects implementing in a sustainable manner , on a large territorial scale , in particular , regional , multi - regional or national scale , environmental or climate strategies or action plans required by specific environmental or climate union legislation , pursuant to other union acts or developed by member states ' authorities ; ### “integrated projects” mean projects implementing in a sustainable manner , on a large territorial scale , in particular , regional , multi - regional , national or transnational scale , environmental or climate strategies or action plans required by specific environmental or climate union legislation , pursuant to other union acts or developed by member states ' or regional authorities and which promote and , if possible , coordinate and mobilise other sources of financing from eu programmes for internal or external action ;


### “technical assistance projects” mean projects aimed at supporting the preparation of integrated projects referred to in point ; ### “technical assistance projects” mean projects aimed at supporting member states’ and regional authorities in the preparation of integrated projects referred to in point ;


### in accordance with their respective responsibilities , the commission and the member states shall ensure coordination between the life programme and the european regional development fund , the european social fund , the cohesion fund , the european agricultural fund for rural development , and the european maritime and fisheries fund , in order to create synergies , particularly in the context of integrated projects referred to in article 18 point , and to support the use of solutions , methods and approaches developed under the life programme . at union level , coordination shall take place within the common strategic framework referred to in article 10 of regulation no… . . ### in accordance with their respective responsibilities , the commission and the member states shall ensure coordination between the life programme and the european regional development fund , the european social fund , the cohesion fund , the european agricultural fund for rural development , and the european maritime and fisheries fund , in order to create synergies , particularly in the context of integrated projects referred to in article 18 point and carried out as local development projects run by local stakeholders and under local development strategies referred to in articles 28 and 29 of regulation no . . . . , and to support the use of solutions , methods and approaches developed under the life programme . at union level , coordination shall take place within the common strategic framework referred to in article 10 of regulation no… . . in their partnership contracts , as referred to in article 14 of regulation no xxx / xxx , the member states must state the mechanisms which will enable coordination at national and regional level between the life programme and the other funds referred to in regulation no xxx / xxxx .


### at least 50% of the budgetary resources allocated to projects supported by way of action grants under the sub - programme for environment shall be dedicated to projects supporting the conservation of nature and biodiversity . ### at least 75% of the budgetary resources allocated to projects supported by way of action grants under the sub - programme for environment shall be dedicated to projects supporting the conservation of nature and biodiversity .


### to support the application , development , testing and demonstration of integrated approaches for the implementation of plans and programmes pursuant to union environmental policy and legislation , primarily in the areas of water , waste and air ; ### to support the application , development , testing and demonstration of integrated approaches for the implementation of plans and programmes pursuant to union environmental policy and legislation , primarily in the areas of water , the marine environment , soil , waste and air ;


### to improve the knowledge base for the development , assessment , monitoring and evaluation of union environmental policy and legislation , and for the assessment and monitoring of the factors , pressures and responses that impact on the environment within and outside the union . ### to improve the knowledge base for the development , implementation , assessment , monitoring and evaluation of union environmental policy and legislation , and for the assessment and monitoring of the factors , pressures and responses that impact on the environment within and outside the union .


### to improve the knowledge base for the development , assessment , monitoring and evaluation of union biodiversity policy and legislation , and for the assessment and monitoring of the factors , pressures and responses that impact on the biodiversity within and outside the union . ### to improve the knowledge base for the development , implementation , assessment , monitoring and evaluation of union biodiversity policy and legislation , and for the assessment and monitoring of the factors , pressures and responses that impact on the biodiversity within and outside the union .


### to support communication , management , and dissemination of information in the field of climate and to facilitate knowledge sharing on successful climate solutions and practice , including by developing cooperation platforms between stakeholders and training ; ### to support communication , management , and dissemination of information in the field of climate and to facilitate knowledge sharing on successful climate solutions and practice , including by developing cooperation platforms between stakeholders and training , intended for all age groups and economic and social categories ;


### integrated projects primarily in the areas of nature , water , waste , air , and climate change mitigation and adaptation ; ### integrated projects primarily in the areas of nature , water , the marine environment , soil , waste , air , and climate change mitigation and adaptation ;


### integrated projects referred to in article 18 point shall involve , where appropriate , stakeholders and promote , when possible , the coordination with and mobilisation of other union funding sources . ### integrated projects referred to in article 18 point shall be accessible to and involve , where appropriate , stakeholders and promote the coordination with and mobilisation of other union funding sources .


### the maximum co - financing rate for the projects referred to in article 18 shall be 70% of eligible costs . by way of exception , the maximum co - financing rate for projects referred to in article 18 points and shall be 80% of eligible costs . ### the maximum co - financing rate for the projects referred to in article 18 shall be 50% of eligible costs . by way of exception : – the maximum co - financing rate for projects referred to in article 18 points and shall be 75% of eligible costs ; – in the outermost regions , as defined in article 349 of the tfeu , and the island and mountain areas and northernmost regions with very low population density , as listed in article 174 of the tfeu , the maximum co - financing rate for the projects referred to in article 18 , , , , , and shall be 60% , and for projects referred to in article 18 shall be 85% .


### in order to stimulate coordination between the member states and the infrastructure managers , an appropriate governance structure for each freight corridor should be established , taking account of the need to avoid duplication with already existing governance structures ; ### in order to stimulate coordination between the member states , the infrastructure managers and railway undertakings , an appropriate governance structure for each freight corridor should be established , taking account of the need to avoid duplication with already existing governance structures and to ensure the internal continuity of the whole freight corridor ;


### the member states referred to in annex i shall establish by [ three years after entry into force of this regulation ] the freight corridors along the principal routes set out in that annex . the member states concerned shall inform the commission about the establishment of the freight corridors . ### the member states referred to in annex i shall , no later than five years after entry into force of this regulation , establish and make operational the freight corridors along the principal routes set out in that annex . the member states concerned shall inform the commission about the establishment of the freight corridors .