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


### national regulatory authorities play an essential role in ensuring that end - users are effectively able to exercise this freedom to avail of open internet access . to this end national regulatory authorities should have monitoring and reporting obligations , and ensure compliance of providers of electronic communications to the public and the availability of non - discriminatory internet access services of high quality which are not impaired by specialised services . in their assessment of a possible general impairment of internet access services , national regulatory authorities should take account of quality parameters such as timing and reliability parameters , levels and effects of congestion in the network , actual versus advertised speeds , performance of internet access services compared with specialised services , and quality as perceived by end - users . national regulatory authorities should be empowered to impose minimum quality of service requirements on all or individual providers of electronic communications to the public if this is necessary to prevent general impairment / degradation of the quality of service of internet access services . ### national regulatory authorities play an essential role in ensuring that end - users are effectively able to exercise the right to avail of open internet access . to this end national regulatory authorities should have monitoring and reporting obligations , and ensure compliance of providers of electronic communications to the public and the availability of non - discriminatory internet access services of high quality which are not impaired by specialised services . in their assessment of a possible general impairment of internet access services , national regulatory authorities should take account of quality parameters such as timing and reliability parameters , levels and effects of congestion in the network , actual versus advertised speeds , performance of internet access services compared with specialised services , and quality as perceived by end - users . national regulatory authorities should be empowered to impose minimum quality of service requirements on all or individual providers of electronic communications to the public if this is necessary to prevent general impairment / degradation of the quality of service of internet access services .


### ' harmonised radio spectrum for wireless broadband communications ' means radio spectrum for which the conditions of availability and efficient use are harmonised at union level , in particular pursuant to decision 676 / 2002 / ec of the european parliament and the council , 1 and which serves for electronic communications services other than broadcasting ; _____________ 1 decision 676 / 2002 / ec of the european parliament and the council of 7 march 2002 on a regulatory framework for radio spectrum policy in the european community . ### ' harmonised radio spectrum for wireless broadband communications ' means radio spectrum for which the conditions of availability and efficient use are harmonised at union level through the allocation of a primary use , in accordance with the provisions and procedures of directive 2002 / 21 / ec and pursuant to decision 676 / 2002 / ec of the european parliament and the council , 1 and which serves for electronic communications services other than broadcasting ; _______________ 1 decision 676 / 2002 / ec of the european parliament and the council of 7 march 2002 on a regulatory framework for radio spectrum policy in the european community .


### the national competent authorities for radio spectrum shall contribute to the development of a wireless space where investment and competitive conditions for high - speed wireless broadband communications converge and which enables planning and provision of integrated multi - territorial networks and services and economies of scale , thereby fostering innovation , economic growth and the long - term benefit of end users . ### without prejudice to the protection of the common interest in accordance with article 9 of directive 2002 / 21 / ec , the national competent authorities for radio spectrum shall contribute to the development of a wireless space where investment and competitive conditions for high - speed wireless broadband communications converge and which enables planning and provision of integrated multi - territorial networks and services and economies of scale , thereby fostering innovation , economic growth and the long - term benefit of end users . due account shall be taken of the possibility of establishing multi - functional networks that combine broadcasting and mobile telephone technology on a single platform .


### the technical characteristics of different available radio spectrum bands , ### the technical characteristics and the current and planned use of different available radio spectrum bands ;


### the most efficient use of the radio spectrum in accordance with article 9 , taking into account the characteristics of the band or bands concerned ; ### the most efficient use of the radio spectrum in accordance with article 9 , taking into account the characteristics of the band or bands concerned and their current and planned use ;


### where the technical conditions for the availability and efficient use of harmonised radio spectrum for wireless broadband communications make it possible to use the relevant radio spectrum under a general authorisation regime , national competent authorities shall avoid imposing any additional condition and shall prevent any alternative use from impeding the effective application of such harmonised regime . ### where the technical conditions for the availability and efficient use of harmonised radio spectrum for wireless broadband communications make it possible to use the relevant radio spectrum under a general authorisation regime , national competent authorities shall avoid imposing any additional condition and shall prevent any alternative use from impeding the effective application of such harmonised regime . this shall be without prejudice to the provisions of article 2 .


### where a national competent authority intends to subject the use of radio spectrum to a general authorisation or to grant individual rights of use of radio spectrum , or to amend rights and obligations in relation to the use of radio spectrum in accordance with article 14 of directive 2002 / 20 / ec , it shall make accessible its draft measure , together with the reasoning thereof , simultaneously to the commission and the competent authorities for radio spectrum of the other member states , upon completion of the public consultation referred to in article 6 of directive 2002 / 21 / ec , if applicable , and in any event only at a stage in its preparation which allows it to provide to the commission and the competent authorities of the other member states sufficient and stable information on all relevant matters . ### where a national competent authority intends to subject the use of radio spectrum to a general authorisation or to grant individual rights of use of radio spectrum , or to amend rights and obligations in relation to the use of radio spectrum in accordance with article 14 of directive 2002 / 20 / ec , it shall be required to make accessible its draft measure , together with the reasoning thereof , simultaneously to the commission and the competent authorities for radio spectrum of the other member states , upon completion of the public consultation referred to in article 6 of directive 2002 / 21 / ec , if applicable , and in any event only at a stage in its preparation which allows it to provide to the commission and the competent authorities of the other member states sufficient and stable information on all relevant matters .


### where a national competent authority intends to subject the use of radio spectrum to a general authorisation or to grant individual rights of use of radio spectrum , or to amend rights and obligations in relation to the use of radio spectrum in accordance with article 14 of directive 2002 / 20 / ec , it shall make accessible its draft measure , together with the reasoning thereof , simultaneously to the commission and the competent authorities for radio spectrum of the other member states , upon completion of the public consultation referred to in article 6 of directive 2002 / 21 / ec , if applicable , and in any event only at a stage in its preparation which allows it to provide to the commission and the competent authorities of the other member states sufficient and stable information on all relevant matters . ### where a national competent authority intends to subject the use of radio spectrum to a general authorisation or to grant individual rights of use of radio spectrum , or to amend rights and obligations in relation to the use of radio spectrum for wireless broadband services in accordance with article 14 of directive 2002 / 20 / ec , it shall make accessible its draft measure , together with the reasoning thereof , simultaneously to the commission and the competent authorities for radio spectrum of the other member states , upon completion of the public consultation referred to in article 6 of directive 2002 / 21 / ec , if applicable , and in any event only at a stage in its preparation which allows it to provide to the commission and the competent authorities of the other member states sufficient and stable information on all relevant matters .


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


### end - users shall also be free to agree with either providers of electronic communications to the public or with providers of content , applications and services on the provision of specialised services with an enhanced quality of service . ### providers of of electronic communications to the public or providers of content , applications and services may offer specialized services to a limited number of users granted restricted access , through a closed electronic communications network . special services may not be marketed or used as an internet substitute or offer content , applications or services functionally identical to those of the open internet .


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


### the power to adopt delegated acts referred to in articles 17 and 19 shall be conferred on the commission for an indeterminate period of time from the [ date entry into force of the regulation ] ### the power to adopt delegated acts referred to in articles 17 , 19 and article 23 shall be conferred on the commission for an indeterminate period of time from the [ date entry into force of the regulation ] .


### the delegation of power referred to in articles 17 and 19 may be revoked at any time by the european parliament or by the council . a decision of revocation shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force . ### the power to adopt delegated acts referred to in articles 17 , 19 and article 23 may be revoked at any time by the european parliament or by the council . a decision of revocation shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force .


### a delegated act adopted pursuant to articles 17 and 19 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or the council . ### a delegated act adopted pursuant to articles 17 , 19 and article 23 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or the council .


### during the fisheries consultations between the union and norway of 28 june 2012 common technical and control measures were specified to be applied in the skagerrak , the list of species to be covered by an obligation to land all catches and the timetable by which these species should be progressively included in the obligation to land . ### during the fisheries consultations between the union and norway of 28 june 2012 common technical and control measures were specified to be applied in the skagerrak , the list of species to be covered by an obligation to land all catches and the timetable by which these species should be progressively included in the obligation to land . in consultation with the relevant stakeholders and the working group , the commission should be able to remove species from the list . it should not be possible to add new species before an evaluation of the agreement is made two years after this regulation has entered into force .


### the commission shall be empowered to adopt delegated acts to amend annex i on the basis of advances in scientific information or where the burden to fishermen proves to be disproportionate to the benefits . those delegated acts shall be adopted in accordance with article 16 . ### the commission shall be empowered to adopt delegated acts to amend annex i on the basis of advances in scientific information , consultations with the working group or where the burden to fishermen proves to be disproportionate to the benefits . new species shall not be added before the evaluation of the agreement between the union and norway on common technical and control measures to be applied in the skagerrak , to be carried out by . . . * and in consultation with relevant stakeholders and the monitoring group . those delegated acts shall be adopted in accordance with article 16 . _____________ * oj : please insert the date : two years after the entry into force of this regulation .


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


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


### the commission shall , on the basis of the reports from member states referred to in article 14 and in conjunction with scientific advice , evaluate the impact of the measures on the stocks and fisheries concerned in the year following that in which it receives the reports . ### the commission shall , on the basis of the reports from member states referred to in article 14 and in conjunction with scientific advice , evaluate the impact of the measures on the stocks and fisheries and the social and economic consequences on the fishery sector concerned in the year following that in which it receives the reports .


### retail investors are increasingly offered a wide variety of different types of investment products when they consider making an investment . these products often provide specific investment solutions tailored to the needs of retail investors , but are frequently complex and difficult to understand . existing disclosures to investors for such investment products are uncoordinated and often fail to aid retail investors compare between the different products , and in comprehending their features . as a consequence , retail investors have often made investments with risks and costs that were not fully understood by those investors , and have thereby on occasion suffered unforeseen losses . ### retail investors are increasingly offered a wide variety of different types of investment products when they consider making an investment . these products should provide specific investment solutions , tailored to the needs of retail investors . however they are frequently excessively complex and incomprehensible . existing disclosures to investors for such investment products are uncoordinated and often fail to aid retail investors compare between the different products , and in comprehending their features . in addition , retail investors are not informed of certain major risks . as a consequence of inadequate or inaccurate information , they have therefore often made investments with risks and costs that they could not have fully understood , and have thereby on occasion suffered unforeseen losses .


### different rules that vary according to the industry that offers the investment products and national regulation in this area create an un - level playing field between different products and distribution channels , erecting additional barriers to a single market in financial services and products . member states have already taken divergent and uncoordinated action to address shortcomings in investor protection measures and it is likely that this development would continue . divergent approaches to investment product disclosures impede the development of a level playing field between different investment product manufacturers and those selling these products and thus distort competition . it would also create an uneven level of investor protection with the union . such divergences represent an obstacle to the establishment and smooth functioning of the single market . consequently , the appropriate legal basis is article 114 tfeu , as interpreted in accordance with the consistent case law of the court of justice of the european union . ### different rules that vary according to the industry that offers the investment products and national regulation in this area create an un - level playing field between different products and distribution channels , erecting additional barriers to a single market in financial services and products . member states have already taken divergent and uncoordinated action to address shortcomings in investor protection measures and it is inadmissible for this development to continue . divergent approaches to investment product disclosures impede the development of a level playing field between different investment product manufacturers and those selling these products and thus distort competition . it would also create an uneven level of investor protection with the union . such divergences represent an obstacle to the establishment and smooth functioning of the single market . consequently , the appropriate legal basis is article 114 tfeu , as interpreted in accordance with the consistent case law of the court of justice of the european union .


### the investment product manufacturer shall draw up a key information document in accordance with the requirements laid down in this regulation for each investment product it produces and shall publish the document on a website of its choice before the investment product can be sold to retail investors . ### the investment product manufacturer shall draw up a key information document in accordance with the requirements laid down in this regulation for each investment product it produces and shall publish the document on an accessible website with which retail investors are familiar before the investment product can be sold to them .


### the term of the investment product , if known ; ### the term and rescindability of the investment product , if known ;


### under a section titled ' what are the risks and what might i get back ? ' , the risk and reward profile of the investment product , including a summary indicator of this profile and warnings in relation to any specific risks that may not be fully reflected in the summary indicator ; ### under a section titled ' what are the risks and what might i get back ? ' , the risk and reward profile of the investment product , including a summary indicator of this profile and warnings in relation to any specific risks that may not be fully reflected in the summary indicator ; the risks shall be set out clearly and comprehensibly using layman’s terms ;


### under a section titled ' what are the costs ? ' , the costs associated with an investment in the investment product , comprising both direct and indirect costs to be borne by the investor , including summary indicators of these costs ; ### under a section titled ' what are the costs ? ' , the costs associated with an investment in the investment product , comprising both direct and indirect costs to be borne by the investor , including summary indicators of these costs and how they affect returns ;


### marketing communications that contain specific information relating to the investment product shall not include any statement that contradicts the information contained in the key information document or diminishes the significance of the key information document . marketing communications shall indicate that a key information document is available and supply information on how to obtain it . ### marketing communications that contain specific information relating to the investment product shall not include any statement that contradicts the information contained in the key information document or diminishes the significance of the key information document . marketing communications shall indicate that a key information document is available and supply information on how to obtain it . marketing communications shall indicate the existence of risks relating to investment products .


### a person selling an investment product to retail investors shall provide them with the key information document in good time before the conclusion of a transaction relating to the investment product . ### a person selling an investment product to retail investors shall give them the key information document when investment advice is first provided . the key information document shall be placed in the hands of retail investors directly and unequivocally when the product is first presented .


### the person selling an investment product shall provide the key information document to retail investors free of charge . ### the person selling an investment product shall provide the key information document to retail investors immediately and free of charge .


### however , where the key information document is provided using a durable medium other than paper or by means of a website , a paper copy shall be provided to retail investors upon request and free of charge . ### however , where the key information document is provided using a durable medium other than paper or by means of a website , a paper copy shall be provided to retail investors and free of charge .


### the provision of the key information document by means of a website is appropriate in the context of the business conducted between the person selling an investment product and the retail investor ; ### the provision of the key information document by means of a website is appropriate in the context of the business conducted between the person selling an investment product and the retail investor ; and


### the retail investor has consented to the provision of the key information document by means of a website ; ### the retail investor has explicitly consented to the provision of the key information document by means of a website ; and


### the retail investor has been notified electronically of the address of the website , and the place on the website where the key information document can be accessed ; ### the retail investor has been notified electronically of the address of the website , and the place on the website where the key information document can be accessed ; and


### where the key information document has been revised in accordance with article 10 all revised versions shall also be made available to the retail investor ; ### where the key information document has been revised in accordance with article 10 all revised versions shall also be made available to the retail investor ; and


### it is ensured that the key information document remains accessible on the website for such period of time as the retail investor may reasonably need to consult it . ### it is ensured that the key information document remains accessible on the retail investor’s website for any such period and at any point in time as the retail investor may need to consult it . the retail investor shall be informed immediately and in person of any modification affecting the accessibility of the key information document .


### for the purposes of paragraph 4 and 5 , the provision of information using a durable medium other than paper or by means of a website shall be regarded as appropriate in the context of the business conducted between the person selling an investment product and the retail investor , if there is evidence that the retail investor has regular access to the internet . the provision by the retail investor of an e - mail address for the purposes of that business shall be regarded as such evidence . ### for the purposes of paragraph 4 and 5 , the provision of information using a durable medium other than paper or by means of a website shall be regarded as appropriate in the context of the business conducted between the person selling an investment product and the retail investor , if there is evidence that the retail investor has regular access to the internet . the express agreement of the retail investor shall be regarded as such evidence .


### sanctions and measures imposed for the breaches referred to in article 19 shall be disclosed to the public without undue delay including at least information on the type of breach of this regulation and the identity of those responsible for it , unless such disclosure would seriously jeopardise the financial markets . ### sanctions and measures imposed for the breaches referred to in article 19 shall be disclosed to the public without undue delay including at least information on the type of breach of this regulation and the identity of those responsible for it .


### for the partnership contract and each programme respectively , a member state should organise a partnership with the representatives of competent regional , local , urban and other public authorities , economic and social partners , and bodies representing civil society , including environmental partners , non - governmental organisations , and bodies responsible for promoting equality and non - discrimination . the purpose of such a partnership is to respect the principle of multi - level governance , ensure the ownership of planned interventions by stakeholders and build on the experience and know - how of relevant actors . the commission should be empowered to adopt delegated acts providing for a code of conduct in order to ensure that partners are involved in the preparation , implementation , monitoring and evaluation of partnership contracts and programmes in a consistent manner . ### for the partnership contract and each programme respectively , a member state should organise a partnership with the representatives of competent regional , local , urban and other public authorities , economic and social partners , and bodies representing civil society , including environmental partners , non - governmental organisations , women ' s organisations and bodies responsible for promoting equality and non - discrimination . the purpose of such a partnership is to respect the principle of multi - level governance , ensure the ownership of planned interventions by stakeholders and build on the experience and know - how of relevant actors . the commission should be empowered to adopt delegated acts providing for a code of conduct in order to ensure that partners are involved in the preparation , implementation , monitoring and evaluation of partnership contracts and programmes in a consistent manner .


### it is necessary to evaluate the effectiveness , efficiency and impact of assistance from the csf funds in order to improve the quality of implementation and design of programmes , and to determine the impact of programmes in relation to the targets for the union strategy for smart sustainable and inclusive growth and in relation to gdp and unemployment , where relevant . the responsibilities of member states and the commission in this regard should be specified . ### it is necessary to evaluate the effectiveness , efficiency and impact of assistance from the csf funds in order to improve the quality of implementation and design of programmes , and to determine the impact of programmes in relation to the targets for the union strategy for smart sustainable and inclusive growth and in relation to gdp , unemployment , gender and accessibility mainstreaming , where relevant . the responsibilities of member states and the commission in this regard should be specified .


### thematic objectives shall be translated into priorities specific to each csf fund and set out in the fund - specific rules . ### thematic objectives shall be translated into priorities specific to each of the funds covered by the cpr and set out in the fund - specific rules , while ensuring that the gender perspective and equality between women and men are integrated into activities under all thematic priorities and at all phases of preparation , programming , implementation , monitoring and evaluation of programmes .


### an integrated approach to address the specific needs of geographical areas most affected by poverty or of target groups at highest risk of discrimination or exclusion , with special regard to marginalised communities , where appropriate , including the indicative financial allocation for the relevant csf funds ; ### an integrated approach to address the specific needs of geographical areas most affected by poverty or of target groups at highest risk of discrimination or exclusion , with special regard to women , marginalised communities and persons with disabilities , where appropriate , including the indicative financial allocation for the relevant funds covered by the cpr ;


### all official exchanges of information between the member state and the commission shall be carried out using an electronic data exchange system established in compliance with the terms and conditions laid down by the commission by means of implementing acts . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 143 . ### all official exchanges of information between the member state and the commission shall be carried out using an electronic data exchange system established in compliance with the terms and conditions laid down by the commission by means of implementing acts . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 143 . whenever possible , the data shall be broken down by gender .


### progress in the implementation of measures to address the specific needs of geographical areas most affected by poverty or of target groups at highest risk of discrimination or exclusion , with special regard to marginalised communities including , where appropriate , the financial resources used ; ### progress in the implementation of measures to address the specific needs of geographical areas most affected by poverty or of target groups at highest risk of discrimination or exclusion , with special regard to women , marginalised communities and persons with disabilities , including , where appropriate , the financial resources used ;


### the systems and their operation shall be secure . ### the commission shall ensure that the systems and their operation are secure .


### in line with the conclusions of the european council of 17 june 2010 , whereby the union strategy for smart , sustainable and inclusive growth was adopted , the union and the member states have set themselves the objective of having at least 20 million fewer people at risk of poverty and social exclusion by 2020 . ### in line with the conclusions of the european council of 17 june 2010 , whereby the union strategy for smart , sustainable and inclusive growth was adopted , the union and the member states have set themselves the objective of having at least 20 million fewer people at risk of poverty and social exclusion by 2020 . however , the number of people faced with poverty or social exclusion undeniably rose from 23 . 4% in 2010 to 24 . 2% in 2011 .


### the fund for european aid to the most deprived should strengthen social cohesion by contributing to the reduction of poverty in the union by supporting national schemes that provide non - financial assistance to the most deprived persons to alleviate food deprivation , homelessness and material deprivation of children . ### the fund for european aid to the most deprived should strengthen social cohesion by contributing to the reduction of poverty in the union by supporting national schemes that provide non - financial assistance to the most deprived persons .


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


### member states should designate a managing authority , a certifying authority and a functionally independent auditing authority for their operational programme . to provide flexibility for member states in the set - up of control systems , it is appropriate to provide the option for the functions of the certifying authority to be carried out by the managing authority . the member states should also be allowed to designate intermediate bodies to carry out certain tasks of the managing authority or the certifying authority . the member states should in that case lay down clearly their respective responsibilities and functions . ### member states should designate a managing authority , a certifying authority and a functionally independent auditing authority for their operational programme . to provide flexibility for member states in the set - up of control systems , it is appropriate to provide the option for the functions of the certifying authority to be carried out by the managing authority . the member states should also be allowed to designate intermediate bodies to carry out certain tasks of the managing authority or the certifying authority . the member states should in that case lay down clearly their respective responsibilities and functions . the member states shall make every effort to eliminate obstacles arising from administrative burdens possibly affecting charitable organisations .


### without prejudice to the commission ' s powers as regards financial control , cooperation between the member states and the commission in the framework of this regulation should be ensured and criteria should be established which allow the commission to determine , in the context of its strategy of control of national systems , the level of assurance it should obtain from national audit bodies . ### without prejudice to the commission ' s powers as regards financial control , cooperation between the member states and the commission in the framework of this regulation should be ensured and criteria should be established which allow the commission to determine , in the context of its strategy of control of national systems , the level of assurance it should obtain from national audit bodies . the commission must make every effort to ensure that the criteria are not so exacting as to add to the administrative burden of beneficiaries , given the nature of the fund and the fact that most of the beneficiaries operate on a voluntary basis .


### ' end recipient ' means the most deprived persons receiving the food or goods and / or benefiting from the accompanying measures ; ### ' end recipient ' means the most deprived persons receiving the food or goods and / or benefiting from the accompanying measures , as defined by the member states in accordance with their national criteria ;


### the fund shall support national schemes whereby food products and basic consumer goods for the personal use of homeless persons or of children are distributed to the most deprived persons through partner organisations selected by member states . ### the fund shall support national schemes whereby food products and basic consumer goods for the personal use of the end recipients are distributed to the most deprived persons through partner organisations selected by member states .


### each member state shall submit to the commission one operational programme covering the period between 1 january 2014 and 31 december 2020 within three months of the entry into force of this regulation , containing the following items : ### each member state wishing to apply for assistance from the fund shall submit to the commission one operational programme covering the period between 1 january 2014 and 31 december 2020 within three months of the entry into force of this regulation , containing the following items :


### evaluations shall be carried out by experts that are functionally independent of the authorities responsible for operational programme implementation . all evaluations shall be made public in their entirety . ### evaluations shall be carried out by experts that are functionally independent of the authorities responsible for operational programme implementation . all evaluations shall be made public in their entirety but may under no circumstances include information regarding the identity of individual beneficiaries .


### in processing personal data pursuant to this article , the managing authority as well as the beneficiaries and partner organisations shall comply with directive 95 / 46 / ec . ### in processing personal data pursuant to articles 13 - 17 , the managing authority as well as the beneficiaries and partner organisations shall comply with directive 95 / 46 / ec .


### the food and the goods for homeless persons or for children may be purchased by the partner organisations themselves . ### the food and the goods for end recipients may be purchased by the partner organisations themselves .


### the costs of purchasing food and basic consumer goods for personal use of homeless persons or of children ; ### the costs of purchasing food and basic consumer goods for personal use of the end recipients .


### where a public body purchases the food or basic consumer goods for personal use of homeless persons or of children and provide them to partner organisations , the costs of transporting of food or goods to the storage depots of the partner organisations at a flat rate of 1 % of the costs referred to in point ; ### where a public body purchases the food or basic consumer goods for personal use of end recipients and provide them to partner organisations , the costs of transporting of food or goods to the storage depots of the partner organisations at a flat rate of 1 % of the costs referred to in point ;


### this regulation lays down , for the entire duration of the programme , a financial envelope constituting the prime reference , within the meaning of point [ 17 ] of the interinstitutional agreement of xx / yy / 201z between the european parliament , the council and the commission on cooperation in budgetary matters and on sound financial management , for the budgetary authority during the annual budgetary procedure . ### this regulation lays down , for the entire duration of the programme , an indicative financial envelope constituting the financial reference , within the meaning of point [ 17 ] of the interinstitutional agreement of xx / yy / 201z between the european parliament , the council and the commission on cooperation in budgetary matters and on sound financial management , for the budgetary authority during the annual budgetary procedure .


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


### member states may decide , on a case - by - case basis and if so provided under national law , not to apply this directive to projects having as their sole purpose national defence or the response to civil emergencies , if they deem that such application would have an adverse effect on those purposes . ### member states may decide , on a case - by - case basis and if so provided under national law , not to apply this directive to projects having as their sole purpose national defence , the response to civil emergencies or protection of historical heritage as classified by the competent autorities of the member state if they deem that such application would have an adverse effect on those purposes .


### land , soil , water , air and climate change ; ### land , soil , water and air ;


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


### the environmental features referred to in article 3 likely to be significantly affected ; ### the features referred to in article 3 likely to be significantly affected ;


### the commission shall be empowered to adopt delegated acts , in accordance with article 12b , concerning the selection criteria listed in annex iii and the information referred to in annexes ii . a and iv , in order to adapt them to scientific and technical progress . ### the commission shall be empowered to adopt delegated acts , in accordance with article 12b , concerning the detailing and not the supplementation of the selection criteria listed in annex iii and the information referred to in annexes ii . a and iv , in order to adapt them to scientific and technical progress


### the delegation of power referred to in article 12a shall be conferred on the commission for an indeterminate period of time from the [ opoce please introduce date of the entry into force of this directive ] . ### the delegation of power referred to in article 12a shall be conferred on the commission for period of five years from the [ opoce please introduce date of the entry into force of this directive ] . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### the nature of the impact ; ### the nature of the impact , including the social impact and in particular the number of jobs created ;


### in order to enable citizens of the union , economic operators and regional and local authorities to benefit to the full from the advantages deriving from the establishing of an area without internal frontiers , it is appropriate , in particular , to improve the interlinking and interoperability of the national rail networks as well as access thereto , implementing any measures that may prove necessary in the field of technical standardisation . ### in order to enable citizens of the union , economic operators and regional and local authorities to benefit to the full from the advantages deriving from the establishing of an area without internal frontiers , it is appropriate , in particular , to improve the interlinking and interoperability of the national rail networks as well as access thereto , including for passengers with disabilities , implementing any measures that may prove necessary in the field of technical standardisation .


### in view of the extent and complexity of the rail system , it has proved necessary , for practical reasons , to break it down into the following subsystems : infrastructure , trackside control - command and signalling , on - board control - command and signalling , energy , rolling stock , operation and traffic management , maintenance and telematics applications for passenger and freight services . for each of these subsystems the essential requirements must be specified and the technical specifications determined , particularly in respect of constituents and interfaces , in order to meet these essential requirements . the same system is broken down into fixed and mobile elements comprising , on the one hand , the network , composed of the lines , stations , terminals , and all kinds of fixed equipment needed to ensure safe and continuous operation of the system and , on the other hand , all vehicles travelling on this network . therefore , for the purposes of this directive , a vehicle is composed of one subsystem and where applicable other subsystems . ### in view of the extent and complexity of the rail system , it has proved necessary , for practical reasons , to break it down into the following subsystems : infrastructure , trackside control - command and signalling , on - board control - command and signalling , energy , rolling stock , operation and traffic management , maintenance and telematics applications for passenger and freight services . for each of these subsystems the essential requirements must be specified and the technical specifications determined , particularly in respect of constituents and interfaces , in order to meet these essential requirements . the same system is broken down into fixed and mobile elements comprising , on the one hand , the network , composed of the lines , stations , terminals , and all kinds of fixed equipment needed to ensure safe and continuous operation of the system and , on the other hand , all vehicles travelling on this network . therefore , for the purposes of this directive , a vehicle is composed of one subsystem and where applicable other subsystems . although the system is divided into several elements , the agency should retain an overview of the system , in order to guarantee safety and interoperability .


### the following systems are excluded from the scope of this directive : ### member states may exclude from the scope of the measures implementing this directive :


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


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


### ‘ vehicle’ means a railway vehicle suitable for circulation on its own wheels on railway lines , with or without traction , in a fixed or variable composition . a vehicle is composed of one or more structural and functional subsystems . ### ‘ vehicle’ means a railway vehicle suitable to circulate on its own wheels on railway lines , with or without traction .


### ‘ contracting entity’ means public or private entity which orders the design and / or construction or the renewal or upgrading of a subsystem . this entity may be a railway undertaking , an infrastructure manager or a keeper , or a concession holder responsible for carrying out a project ; ### ‘ contracting entity’ means public or private entity which orders the design and / or construction or the renewal or upgrading of a subsystem . this entity may be a railway undertaking , an infrastructure manager , an entity in charge of maintenance or a keeper , or a concession holder responsible for carrying out a project ;


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


### ‘ technical specification’ means a document that prescribes technical requirements to be fulfilled by a product , process or service ; ### ‘ technical specification’ means a document that prescribes technical requirements to be fulfilled by a product , subsystem , process or service ;


### in accordance with article 6 of regulation no … / … [ agency regulation ] , the agency shall draw up and regularly update the list of users ' associations and bodies to be consulted . this list may be re - examined and updated at the request of a member state or upon the initiative of the commission . ### in accordance with article 6 of regulation no … / … [ agency regulation ] , the agency shall draw up and regularly update the list of users ' associations and bodies to be consulted . this list shall necessarily include representative associations and bodies from all the member states and may be re - examined and updated at the request of a member state or upon the initiative of the commission .


### the drafting , adoption and review of the tsis shall take account of the opinion of the social partners as regards the conditions referred to in article 4 . to this end , the agency shall consult the social partners before submitting to the commission recommendations on tsis and their amendments . the social partners shall be consulted in the context of the sectoral dialogue committee set up in accordance with commission decision 98 / 500 / ec of 20 may 1998 on the establishment of sectoral dialogue committees promoting the dialogue between the social partners at european level12 . the social partners shall issue their opinion within three months . ### the drafting , adoption and review of the tsis shall take account of the opinion of the representative social partners in all the member states as regards the conditions referred to in article 4 . to this end , the agency shall consult the social partners before submitting to the commission recommendations on tsis and their amendments . the social partners shall be consulted in the context of the sectoral dialogue committee set up in accordance with commission decision 98 / 500 / ec of 20 may 1998 on the establishment of sectoral dialogue committees promoting the dialogue between the social partners at european level12 . the social partners shall issue their opinion within three months .


### the drafting , adoption and review of the tsis shall take account of the opinion of the social partners as regards the conditions referred to in article 4 . to this end , the agency shall consult the social partners before submitting to the commission recommendations on tsis and their amendments . the social partners shall be consulted in the context of the sectoral dialogue committee set up in accordance with commission decision 98 / 500 / ec of 20 may 1998 on the establishment of sectoral dialogue committees promoting the dialogue between the social partners at european level12 . the social partners shall issue their opinion within three months . ### the drafting , adoption and review of the tsis shall take account of the opinion of the social partners as regards the conditions referred to in article 4 , and in any other tsi that directly or indirectly affects the staff involved . to this end , the agency shall consult the social partners before submitting to the commission recommendations on tsis and their amendments . the social partners shall be consulted in the context of the sectoral dialogue committee set up in accordance with commission decision 98 / 500 / ec of 20 may 1998 on the establishment of sectoral dialogue committees promoting the dialogue between the social partners at european level12 . the social partners shall issue their opinion within three months .


### are used in their area of use as intended and are suitably installed and maintained . ### are used in their area of use as intended in accordance with the area of use defined in article 2 ) and are suitably installed and maintained .


### member states may not , in their territory and on the basis of this directive , prohibit , restrict or hinder the placing on the market of interoperability constituents for use in the rail system where they comply with this directive . in particular , they may not require checks which have already been carried out as part of the procedure of ' ec ' declaration of conformity or suitability for use . ### member states may not , in their territory and on the basis of this directive , prohibit , restrict or hinder the placing on the market of interoperability constituents for use in the rail system where they comply with this directive . in particular , they may not require checks which have already been carried out as part of the procedure of ' ec ' declaration of conformity or suitability for use . a state may not prohibit , restrict or hinder the placing in service of interoperability constituents that have been recognised for an area for which they are intended , if that area is situated within its territory .


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


### in the event of renewal or upgrading of existing subsystems , the applicant shall send to the national safety authority or the agency , a file describing the project . the national safety authority or the agency shall examine this file and shall decide , on the basis of the criteria set out in paragraph 5 , whether a new authorisation for placing in service is needed . the national safety authority and the agency shall take their decisions within a pre - determined , reasonable time , and , in any case , within four months from receipt of all relevant information . ### in the event of renewal or upgrading of existing subsystems , the applicant shall send to the national safety authority or the agency , a file describing the project . the national safety authority or the agency shall examine this file and shall decide , on the basis of the criteria set out in paragraph 5 , whether a new authorisation for placing in service is needed . the national safety authority and the agency shall take their decisions within a pre - determined , reasonable time , and , in any case , within three months from receipt of all relevant information .


### vehicle authorisation for placing on the market ### authorisation for placing in service of the vehicle


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


### at the request of the applicant , the vehicle authorisation for placing on the market may include a clear indication of the networks or lines or groups of networks or lines where the railway undertaking may place such a vehicle in service without further verifications , checks or tests concerning the technical compatibility between the vehicle and these networks or lines . in that case , the applicant shall include in its request the proof of the technical compatibility of the vehicle with the networks or lines concerned . ### the applicant shall include in its request the demonstration of the technical compatibility of the vehicle with the area of use for which it applies . the vehicle authorisation for placing in service shall include a clear indication of the area of use or lines or groups of networks or lines where the vehicle can run without further verifications , checks or tests concerning the technical compatibility between the vehicle and these networks or lines . in that case , the applicant shall include in its request the proof of the technical compatibility of the vehicle with the networks or lines concerned . this indication may be also broadened to other networks or lines , at the request of the original or another applicant , after the relevant authorisation for placing on the market has been issued . the authorisation shall also be valid without extension of the area of use for vehicles travelling to the stations of neighbouring member states with similar network characteristics , when those stations are close to the border , following consultation of the relevant national safety authorities . this consultation may be on a case - by case basis or set out in a cross - border agreement between national safety authorities .


### the agency shall grant authorisations to place vehicle types on the market . ### the agency shall grant authorisations to place vehicle types in service .


### however , if the agency issues a vehicle authorisation for placing on the market , it shall at the same time issue the authorisation to place the corresponding vehicle type on the market . ### however , if the agency issues a vehicle authorisation for placing in service , it shall at the same time issue the authorisation to place the corresponding vehicle type in service .


### a vehicle which is in conformity with a vehicle type for which an authorisation to place the corresponding vehicle type on the market has been already issued shall , without further checks , receive a vehicle authorisation for placing on the market on the basis of a declaration of conformity to this type submitted by the applicant . ### a vehicle which is in conformity with a vehicle type for which an authorisation to place the corresponding vehicle type in service has been already issued shall , without further checks , receive a vehicle authorisation for placing in service on the basis of a declaration of conformity to this type submitted by the applicant .


### in the event of changes to any relevant provisions in tsis or national rules , on the basis of which an authorisation to place a vehicle type on the market has been issued , the tsi or national rule shall determine whether the authorisation to place that vehicle type on the market already granted remains valid or needs to be renewed . if that authorisation needs to be renewed , the checks performed by the agency may only concern the changed rules . the renewal of the authorisation to place a vehicle type on the market does not affect vehicle authorisations for placing on the market already issued on the basis of the previous authorisation to place that vehicle type on the market . ### in the event of changes to any relevant provisions in tsis or national rules , on the basis of which an authorisation to place a vehicle type in service has been issued , the tsi or national rule shall determine whether the authorisation to place that vehicle type in service already granted remains valid or needs to be renewed . if that authorisation needs to be renewed , the checks performed by the agency may only concern the changed rules . the renewal of the authorisation to place a vehicle type in service does not affect vehicle authorisations for placing in service already issued on the basis of the previous authorisation to place that vehicle type in service , without prejudice to article 5 .


### the power to adopt delegated acts referred to in articles 4 and 5 shall be conferred on the commission for an indeterminate period of time from the date of entry into force of this directive . ### the power to adopt delegated acts referred to in articles 4 and 5 shall be conferred on the commission for a period of five years from [ opoce please insert the date of entry into force of this directive ] . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### every three years and for the first time&#160 ; three years after the publication of this directive , the commission shall report to the european parliament and the council on the progress made towards achieving interoperability of the rail system . that report shall also include an analysis of the cases set out in article&#160 ; 7&#160 ; and of the application of chapter v&#160 ; . ### every three years and for the first time two years after the publication of this directive , the commission shall report to the european parliament and the council on the progress made towards achieving interoperability of the rail system . that report shall also include an analysis of the cases set out in article&#160 ; 7&#160 ; and of the application of chapter v&#160 ; .


### the agency shall develop and regularly update a tool capable of providing , at the request of a member state or the commission , an overview of the interoperability level of the rail system . that tool shall use the information included in the registers provided for in chapter vii . ### the agency shall develop and regularly update a tool capable of providing , at the request of a member state , the european parliament or the commission , an overview of the interoperability level of the rail system . that tool shall use the information included in the registers provided for in chapter vii .


### network ### network for the purposes of this directive , the union network shall include the following elements of the high - speed network as defined in letters , and and the conventional network as defined in letters to : specially built high - speed lines equipped for speeds generally equal to or greater than 250&#160 ; km / h , specially upgraded high - speed lines equipped for speeds of the order of 200 km / h , specially upgraded high - speed lines which have special features as a result of topographical , relief or town - planning constraints , to which the speed must be adapted in each case . this category shall include interconnecting lines between high - speed and conventional networks , lines through stations , accesses to terminals , depots , etc . travelled at conventional speed by ‘ high - speed’ rolling stock , conventional lines intended for passenger services , conventional lines intended for mixed traffic , conventional lines intended for freight services , passenger hubs , freight hubs , including intermodal terminals , lines connecting the abovementioned elements . this network shall include traffic management , tracking and navigation systems , technical installations for data processing and telecommunications intended for long - distance passenger services and freight services on the network in order to guarantee the safe and harmonious operation of the network and efficient traffic management .


### – specially built high - speed lines equipped for speeds generally equal to or greater than 250 km / h , ### – specially built high - speed lines equipped for speeds generally equal to or greater than 250 km / h , while enabling speeds of over 300 km / h to be reached in appropriate circumstances ,


### vehicles ### vehicles for the purposes of this directive , union vehicles shall comprise all vehicles likely to travel on all or part of the union network , including : - high - speed vehicles designed to travel at speeds greater than 250 km / h on specially built lines which allow for maximum speeds of more than 300 km / h in appropriate circumstances , - high - speed vehicles designed to travel at speeds of the order of 200 km / h on specially built or upgraded lines where this is compatible with the performance levels of those lines , – locomotives and passenger rolling stock , including thermal or electric traction units , self - propelling thermal or electric passenger trains , passenger coaches ; – freight wagons , including vehicles designed to carry lorries ; – special vehicles , such as on - track machines . each of the above categories may be subdivided into : – vehicles for international use ; – vehicles for national use . the tsis shall specify the requirements to ensure the safe operation of these vehicles on different categories of line .


### – freight wagons , including vehicles designed to carry lorries ; ### – freight wagons , including low - deck vehicles designed for the entire network and vehicles designed to carry lorries ;


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


### under article 11 of the treaty on the functioning of the european union , environmental protection requirements must be integrated into the definition and implementation of the union policies and activities , in particular with a view to promoting sustainable development . this directive clarifies how the contracting entities may contribute to the protection of the environment and the promotion of sustainable development , whilst ensuring that they can obtain the best value for money for their contracts . ### under article 9 , 10 and 11 of the treaty on the functioning of the european union , environmental protection requirements and key social principles must be integrated into the definition and implementation of the union policies and activities . under article 3 of the treaty on the european union , the union is also committed to contributing to sustainable development . accordingly it is important to consider such principles when making procurement decisions , and in relation to all stages in the supply chain . this directive clarifies how the contracting entities have broad discretion to use technical specifications , award criteria and contract performance clauses to contribute to the protection of the environment and the promotion of sustainable development , whilst guaranteeing a link with the subject - matter of the contract and ensuring that they can obtain the best value for money for their contracts .


### under article 11 of the treaty on the functioning of the european union , environmental protection requirements must be integrated into the definition and implementation of the union policies and activities , in particular with a view to promoting sustainable development . this directive clarifies how the contracting entities may contribute to the protection of the environment and the promotion of sustainable development , whilst ensuring that they can obtain the best value for money for their contracts . ### under articles 9 , 10 , and 11 of the treaty on the functioning of the european union , environmental protection requirements and the concepts underlying ‘ socially sustainable’ production processes must be integrated into the definition and implementation of the union policies and activities , in particular with a view to promoting sustainable development and , throughout the supply chain , protecting health and public safety and ensuring compliance with social standards and national and european labour laws . this directive clarifies how the contracting authorities contribute to the protection of the environment and the promotion of sustainable development and use the discretionary power assigned to them to select the technical specifications and award criteria most likely to achieve socially sustainable public procurement whilst establishing the necessary relation to the subject matter of the contract and ensuring that they can obtain the best value for money .


### electronic means of information and communication can greatly simplify the publication of contracts and increase the efficiency and transparency of procurement processes . they should become the standard means of communication and information exchange in procurement procedures . the use of electronic means also leads to time savings . as a result , provision should be made for reducing the minimum periods where electronic means are used , subject , however , to the condition that they are compatible with the specific mode of transmission envisaged at union level . moreover , electronic means of information and communication including adequate functionalities can enable contracting authorities to prevent , detect and correct errors that occur during procurement procedures . ### electronic means of information and communication can greatly simplify the publication of contracts and increase the efficiency and transparency of procurement processes . they should become the standard means of communication and information exchange in procurement procedures . the use of electronic means also leads to time savings . nonetheless , the minimum time limits applied to procurement procedures in directive 2004 / 17 / ec should not be altered , since adequate time limits for submission need to be guaranteed . moreover , electronic means of information and communication including adequate functionalities can enable contracting entities to prevent , detect and correct errors that occur during procurement procedures .


### electronic means of information and communication can greatly simplify the publication of contracts and increase the efficiency and transparency of procurement processes . they should become the standard means of communication and information exchange in procurement procedures . the use of electronic means also leads to time savings . as a result , provision should be made for reducing the minimum periods where electronic means are used , subject , however , to the condition that they are compatible with the specific mode of transmission envisaged at union level . moreover , electronic means of information and communication including adequate functionalities can enable contracting authorities to prevent , detect and correct errors that occur during procurement procedures . ### electronic means of information and communication can greatly simplify the publication of contracts and increase the efficiency and transparency of procurement processes . they should become the standard means of communication and information exchange in procurement procedures . the use of electronic means also leads to time , cost and resource savings . as a result , provision should be made for reducing the minimum periods where electronic means are used , subject , however , to the condition that they are compatible with the specific mode of transmission envisaged at union level . moreover , electronic means of information and communication including adequate functionalities can enable contracting authorities to prevent , detect and correct errors that occur during procurement procedures .


### in addition , new electronic purchasing techniques are constantly being developed , such as electronic catalogues . they help to increase competition and streamline public purchasing , particularly in terms of savings in time and money . certain rules should however be laid down to ensure that such use complies with the rules of this directive and the principles of equal treatment , non - discrimination and transparency . in particular where competition has been reopened under a framework agreement or where a dynamic purchasing system is being used and where sufficient guarantees are offered in respect of ensuring traceability , equal treatment and predictability , contracting entities should be allowed to generate tenders in relation to specific purchases on the basis of previously transmitted electronic catalogues . in line with the requirements of the rules for electronic means of communication , contracting entities should avoid unjustified obstacles to economic operators ' access to procurement procedures in which tenders are to be presented in the form of electronic catalogues and which guarantee compliance with the general principles of non - discrimination and equal treatment . ### in addition , new electronic purchasing techniques are constantly being developed , such as electronic catalogues . they help to increase competition and streamline public purchasing , particularly in terms of savings in time and money . certain rules should however be laid down to ensure that such use complies with the rules of this directive and the principles of equal treatment , non - discrimination and transparency . in addition , the handling of data in this context should be conducted in accordance with national and eu data protection provisions . in particular where competition has been reopened under a framework agreement or where a dynamic purchasing system is being used and where sufficient guarantees are offered in respect of ensuring traceability , equal treatment and predictability , contracting entities should be allowed to generate tenders in relation to specific purchases on the basis of previously transmitted electronic catalogues . in line with the requirements of the rules for electronic means of communication , contracting entities should avoid unjustified obstacles to economic operators ' access to procurement procedures in which tenders are to be presented in the form of electronic catalogues and which guarantee compliance with the general principles of non - discrimination and equal treatment .


### electronic means of communication are particularly well suited to support centralised purchasing practices and tools because of the possibility they offer to re - use and automatically process data and to minimise information and transaction costs . the use of such electronic means of communication should therefore , as a first step , be rendered compulsory for central purchasing bodies , while also facilitating converging practices across the union . this should be followed by a general obligation to use electronic means of communication in all procurement procedures after a transition period of two years . ### electronic means of communication are particularly well suited to support centralised purchasing practices and tools because of the possibility they offer to re - use and automatically process data , to minimise information and transaction costs and to ensure transparency . the use of such electronic means of communication should therefore , as a first step , be rendered compulsory for central purchasing bodies , while also facilitating converging practices across the union . this should be followed by a general obligation to use electronic means of communication in all procurement procedures after a transition period of two years .


### the technical specifications drawn up by purchasers need to allow public procurement to be opened up to competition . to that end , it must be possible to submit tenders that reflect the diversity of technical solutions so as to obtain a sufficient level of competition . consequently , technical specifications should be drafted in such a way to avoid artificially narrowing down competition through requirements that favour a specific economic operator by mirroring key characteristics of the supplies , services or works habitually offered by that economic operator . drawing up the technical specifications in terms of functional and performance requirements generally allows this objective to be achieved in the best way possible and favours innovation . where reference is made to a european standard or , in the absence thereof , to a national standard , tenders based on other equivalent arrangements which meet the requirements of the contracting entities and are equivalent in terms of safety must be considered by the contracting entities . to demonstrate equivalence , tenderers can be required to provide third - party verified evidence ; however , other appropriate means of proof such as a technical dossier of the manufacturer should also be allowed where the economic operator concerned has no access to such certificates or test reports , or no possibility of obtaining them within the relevant time limits . ### the technical specifications drawn up by purchasers should allow the objectives of sustainability and the opening up of procurement to competition to be achieved . to that end , tenders that reflect the diversity of technical solutions should be specified on the basis of performance linked to the life - cycle and socially - sustainable production process of the works , supplies and services so as to ensure a balance between functional and sustainable objectives and obtain a sufficient level of competition . consequently , technical specifications should be drafted and applied in conformity with the principles of transparency , non - discrimination and equality of opportunity . these principles should not only protect the interests of tenderers but also safeguard effective competition , enabling more efficient spending targeting contracts providing the best cost - benefit ratio . drawing up the technical specifications in terms of functional and performance requirements generally allows this objective to be achieved in the best way possible and favours innovation . where reference is made to a european standard or , in the absence thereof , to a national standard , tenders based on other equivalent arrangements which meet the requirements of the contracting entities and are equivalent in terms of safety should be considered by the contracting entities . to demonstrate equivalence , tenderers can be required to provide third - party verified evidence ; however , other appropriate means of proof such as a technical dossier of the manufacturer should also be allowed where the economic operator concerned has no access to such certificates or test reports , or no possibility of obtaining them within the relevant time limits .


### in order to encourage the involvement of small and medium - sized enterprises in the procurement market , it should be provided explicitly that contracts may be divided into lots , whether homogenous or heterogeneous . where contracts are divided into lots , contracting entities may , for instance in order to preserve competition or to ensure security of supply , limit the number of lots for which an economic operator may tender ; they may also limit the number of lots that may be awarded to any one tenderer . ### in order to encourage the involvement of small and medium - sized enterprises in the procurement market , the ' think small first ' principle must apply and member states should fully implement the european code of best practices facilitating access by smes to public procurement contracts . furthermore , it should be provided explicitly that contracts may be divided into lots , whether homogenous or heterogeneous . where contracts are divided into lots , contracting entities may , for instance in order to preserve competition or to ensure security of supply , limit the number of lots for which an economic operator may tender ; they may also limit the number of lots that may be awarded to any one tenderer .


### public contracts should not be awarded to economic operators that have participated in a criminal organisation or have been found guilty of corruption , fraud to the detriment of the union’s financial interests or money laundering . non - payment of taxes or social security contributions should also be sanctioned by mandatory exclusion at the level of the union . given that contracting entities , which are not contracting authorities , might not have access to indisputable proof on the matter , it is appropriate to leave the choice of whether or not to apply the exclusion criteria listed in directive [ 2004 / 18 ] to such contracting entities . the obligation to apply article 55 and of directive [ 2004 / 18 ] should therefore be limited to contracting entities that are contracting authorities . furthermore , contracting entities should be given the possibility to exclude candidates or tenderers for violations of environmental or social obligations , including rules on accessibility for disabled persons or other forms of grave professional misconduct , such as violations of competition rules or of intellectual property rights . ### public contracts should not be awarded to economic operators that have participated in a criminal organisation or have been found guilty of corruption , fraud to the detriment of the union’s financial interests or money laundering . non - payment of taxes or social security contributions and violations of environmental or social obligations , including rules on accessibility for disabled persons , should also be sanctioned by mandatory exclusion at the level of the union . given that contracting entities , which are not contracting authorities , might not have access to indisputable proof on the matter , it is appropriate to leave the choice of whether or not to apply the exclusion criteria listed in directive [ 2004 / 18 ] to such contracting entities . the obligation to apply article 55 and of directive [ 2004 / 18 ] should therefore be limited to contracting entities that are contracting authorities . furthermore , contracting entities should be given the possibility to exclude candidates or tenderers for forms of grave professional misconduct , such as violations of competition rules or of intellectual property rights .


### it is of utmost importance to fully exploit the potential of public procurement to achieve the objectives of the europe 2020 strategy for sustainable growth . in view of the important differences between individual sectors and markets , it would however not be appropriate to set general mandatory requirements for environmental , social and innovation procurement . the union legislature has already set mandatory procurement requirements for obtaining specific goals in the sectors of road transport vehicles and office equipment no 106 / 2008 of the european parliament and the council of 15 january 2008 on a community energy - efficiency labelling programme for office equipment ) . in addition , the definition of common methodologies for life cycle costing has significantly advanced . it therefore appears appropriate to continue on that path , leaving it to sector - specific legislation to set mandatory objectives and targets in function of the particular policies and conditions prevailing in the relevant sector and to promote the development and use of european approaches to life - cycle costing as a further underpinning for the use of public procurement in support of sustainable growth . ### it is of utmost importance to fully exploit the potential of public procurement to achieve the objectives of the europe 2020 strategy for sustainable growth . in view of the important differences between individual sectors and markets , it would however not be appropriate to set general mandatory requirements for environmental , social and innovation procurement . the union legislature has already set mandatory procurement requirements for obtaining specific goals in the sectors of road transport vehicles and office equipment no 106 / 2008 of the european parliament and the council of 15 january 2008 on a community energy - efficiency labelling programme for office equipment ) . in addition , the definition of common approaches in terms of life - cycle costing and socially - sustainable production processes has significantly advanced . it therefore appears appropriate to continue on that path , leaving it to sector - specific legislation to set mandatory objectives and targets in function of the particular policies and conditions prevailing in the relevant sector and to promote the development and use of european approaches to life - cycle costing and a socially - sustainable production process as a further underpinning for the use of public procurement in support of sustainable growth . the sectoral legislation should also include technical specifications and award criteria which take into consideration the benefits of social and environmental sustainability where they cannot be monetised whilst providing a link to the subject - matter of the contract and complying with the principles of transparency , non - discrimination and equality of opportunity .


### it is of utmost importance to fully exploit the potential of public procurement to achieve the objectives of the europe 2020 strategy for sustainable growth . in view of the important differences between individual sectors and markets , it would however not be appropriate to set general mandatory requirements for environmental , social and innovation procurement . the union legislature has already set mandatory procurement requirements for obtaining specific goals in the sectors of road transport vehicles and office equipment no 106 / 2008 of the european parliament and the council of 15 january 2008 on a community energy - efficiency labelling programme for office equipment ) . in addition , the definition of common methodologies for life cycle costing has significantly advanced . it therefore appears appropriate to continue on that path , leaving it to sector - specific legislation to set mandatory objectives and targets in function of the particular policies and conditions prevailing in the relevant sector and to promote the development and use of european approaches to life - cycle costing as a further underpinning for the use of public procurement in support of sustainable growth . ### an effort should be made to exploit the potential of public procurement to achieve the objectives of the europe 2020 strategy for sustainable growth , without encroaching upon the powers of the contracting entities . in view of the important differences between individual sectors and markets , it would however not be appropriate to set general mandatory requirements for environmental , social and innovation procurement . the union legislature has already set mandatory procurement requirements for obtaining specific goals in the sectors of road transport vehicles and office equipment no 106 / 2008 of the european parliament and the council of 15 january 2008 on a community energy - efficiency labelling programme for office equipment ) . in addition , the definition of common methodologies for life cycle costing has significantly advanced . it therefore appears appropriate to continue on that path , leaving it to sector - specific legislation to set mandatory objectives and targets in function of the particular policies and conditions prevailing in the relevant sector and to promote the development and use of european approaches to life - cycle costing as a further underpinning for the use of public procurement in support of sustainable growth .