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


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


### a contracting authority fulfils its obligations pursuant to this directive when it procures by having recourse to centralised purchasing activities , to the extent that the procurement procedures concerned and their performance are conducted by the central procurement body alone in all its stages from the publication of the call for competition to the end of the execution of the ensuing contract or contracts . ### a contracting authority fulfils its obligations pursuant to this directive when it procures by having recourse to centralised purchasing activities , to the extent that the procurement procedures concerned and their performance are conducted by the central procurement body in all its stages from the publication of the call for competition to the end of the execution of the ensuing contract or contracts .


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


### where contracting authorities lay down environmental , social or other characteristics of a works , service or supply in terms of performance or functional requirements as referred to in point of article 40 they may require that these works , services or supplies bear a specific label , provided that all of the following conditions are fulfilled : the requirements for the label only concern characteristics which are linked to the subject - matter of the contract and are appropriate to define characteristics of the works , supplies or services that are the subject - matter of the contract ; the requirements for the label are drawn up on the basis of scientific information or based on other objectively verifiable and non - discriminatory criteria ; the labels are established in an open and transparent procedure in which all stakeholders , including government bodies , consumers , manufacturers , distributors and environmental organisations , may participate , the labels are accessible to all interested parties ; the criteria of the label are set by a third party which is independent from the economic operator applying for the label . contracting authorities requiring a specific label shall accept all equivalent labels that fulfil the requirements of the label indicated by the contracting authorities . for products that do not bear the label , contracting authorities shall also accept a technical dossier of the manufacturer or other appropriate means of proof . ### where contracting authorities lay down environmental , social or other characteristics of a works , service or supply in terms of performance or functional requirements as referred to in point of article 40 they may require that these works , services or supplies bear labels , provided that all of the following conditions are fulfilled : the requirements for the label only concern characteristics which are linked to the subject - matter of the contract or the production of the subject - matter of the contract and are appropriate to define characteristics of the works , supplies or services that are the subject - matter of the contract ; the requirements for the label are drawn up on the basis of scientific information or based on other objectively verifiable and non - discriminatory criteria ; the labels are established in an open and transparent procedure in which all stakeholders , including government bodies , consumers , manufacturers , distributors , social partners , environmental and social organisations may participate , the labels are accessible to all interested parties ; the attribution and verification of the label are undertaken by a third party which is independent from the economic operator applying for the label . contracting authorities requiring a label shall accept all equivalent labels that fulfil the requirements of the label indicated by the contracting authorities . for products that do not bear the label , contracting authorities may also accept a technical dossier of the manufacturer or other appropriate means of proof of equivalence . the burden for providing proof of equivalence with a specific label should be placed on the tenderer claiming equivalence .


### contracting authorities authorising variants shall state in the procurement documents the minimum requirements to be met by the variants and any specific requirements for their presentation . they shall also ensure that the chosen award criteria can be usefully applied to variants meeting those minimum requirements as well as to conforming tenders which are not variants . ### variants may be authorised in the procurement documents which define the minimum requirements to be met by the variants and any requirements for their presentation . these minimum requirements are mandatory to ensure that the variants will not affect the subject matter of the contract . the contracting authority may reject any variants on the ground that it would affect the subject matter of the contract . they shall also ensure that the chosen award criteria can be usefully applied to variants meeting those requirements as well as to conforming tenders which are not variants .


### the commission shall be empowered to adopt delegated acts in accordance with article 89 in order to modify annex xiii due to technical progress or for administrative reasons . it shall also establish the standard form for the european procurement passport . those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 91 . ### the commission shall be empowered to adopt delegated acts in accordance with article 89 in order to modify annex xiii due to technical progress or for administrative reasons . it shall also establish , by means of implementing acts , the standard form for the european procurement passport . those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 91 .


### where contracting authorities require the production of certificates drawn up by independent bodies attesting that the economic operator complies with certain environmental management schemes or standards , they shall refer to the european union eco - management and audit scheme or to other environmental management schemes as recognized in accordance with article 45 of regulation no 1221 / 2009 of the european parliament and of the council41 or other environmental management standards based on the relevant european or international standards by accredited bodies . they shall recognise equivalent certificates from bodies established in other member states . they shall also accept other evidence of equivalent environmental management measures from economic operators that have no access to such certificates , or no possibility of obtaining them within the relevant time limits . ### where contracting authorities require the production of certificates drawn up by independent bodies attesting that the economic operator complies with certain environmental management schemes or standards , they shall refer to the european union eco - management and audit scheme or to other environmental management schemes as recognized in accordance with article 45 of regulation no 1221 / 2009 of the european parliament and of the council41 or other environmental management standards based on the relevant european or international standards by accredited bodies . they shall recognise equivalent certificates from bodies established in other member states . for services this may be ecolabel certificates which also include environmental management criteria . they shall also accept other evidence of equivalent environmental management measures from economic operators that have no access to such certificates , or no possibility of obtaining them within the relevant time limits .


### in restricted procedures , competitive procedures with negotiation , competitive dialogue procedures and innovation partnerships , contracting authorities may limit the number of candidates meeting the selection criteria that they will invite to tender or to conduct a dialogue , provided a sufficient number of qualified candidates is available . ### in restricted procedures and competitive procedures with negotiation , contracting authorities may limit the number of candidates meeting the selection criteria that they will invite to tender or to conduct a dialogue , provided a sufficient number of qualified candidates is available .


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


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


### in the procurement documents , the contracting authority may ask or may be required by a member state to ask the tenderer to indicate in its tender any share of the contract it may intend to subcontract to third parties and any proposed subcontractors . ### in the procurement documents , the contracting authority shall ask the tenderer to indicate in its tender the share of the contract it wishes to subcontract to third parties and any proposed subcontractors , providing information regarding the subcontractor , including names , contact details and legal representatives . the contracting authority must be informed without delay of any change in the subcontracting chain . if a change is proposed , including the participation of a new subcontractor in the subcontracting chain , the main contractor must indicate the name , contact details and legal representatives . the operators in the subcontracting chain shall comply with the provisions of this directive and the conditions laid down in the supply documents , and shall guarantee a performance of the tasks connected with the contract equivalent to that defined in the invitation to tender .


### the modification extends the scope of the contract considerably to encompass supplies , services or works not initially covered . ### the modification extends the subject of the contract considerably to encompass supplies , services or works not initially covered .


### however , the first subparagraph shall not apply in the event of universal or partial succession into the position of the initial contractor , following corporate restructuring operations or insolvency , of another economic operator that fulfils the criteria for qualitative selection initially established provided that this does not entail other substantial modifications to the contract and is not aimed at circumventing the application of this directive . ### however , the first subparagraph shall not apply in the event of universal or partial succession into the position of the initial contractor , following corporate restructuring operations or insolvency , of another economic operator that fulfils the criteria for qualitative selection initially established provided that this does not entail other substantial modifications to the contract and is not aimed at circumventing the application of this directive . neither shall the first subparagraph apply in the event of restructuring of the contracting authority , as the contracting authority has the right to transfer the agreement to a third party , who will be responsible for the duties of the contracting authority .


### member states shall ensure that contracting authorities may take into account the need to ensure quality , continuity , accessibility , availability and comprehensiveness of the services , the specific needs of different categories of users , the involvement and empowerment of users and innovation . member states may also provide that the choice of the service provider shall not be made solely on the basis of the price for the provision of the service . ### member states shall ensure that contracting authorities take into account the need to ensure a high level of quality , continuity , accessibility , affordability , availability and comprehensiveness of the services , the specific needs of different categories of users , including disadvantaged and vulnerable groups , users ' satisfaction , social inclusion , the involvement and empowerment of users and , where relevant , innovation . member states shall provide that the choice of the service provider is not made solely on the basis of the price for the provision of the service . when drawing up quality criteria , contracting authorities may refer to the criteria set out in the voluntary european quality framework for social services . 2a . contracting authorities may choose to limit the participation in a tender procedure for the provision of social and health services to non profit organisations , provided that a national law that is compatible with european law provides for restricted access to certain services for the benefit on non profit organisations , in line with the ecj ' s jurisprudence . the call for competition shall make reference to this provision . the basic principles of transparency and equal treatment should be respected .


### member states shall appoint a single independent body responsible for the oversight and coordination of implementation activities . member states shall inform the commission of their designation . ### member states shall appoint a single independent body responsible for the oversight and coordination of implementation activities in cases in which no such independent body yet exists . member states shall inform the commission of their designation .


### centralized data about reported cases of fraud , corruption , conflict of interests and other serious irregularities in the field of public procurement , including those affecting projects cofinanced by the budget of the union . ### centralized data about reported cases of fraud , corruption , conflict of interests and other serious irregularities in the field of public procurement , including those affecting projects cofinanced by the budget of the union . these data shall be collated according to a common set of variables and methodology , so as to enable unified procurement databases and statistics at eu level , thus allowing for scientific comparisons between public procurement practices between different union member states .


### monitoring the application of public procurement rules and the related practice by contracting authorities and in particular by central purchasing bodies ; ### monitoring the application of public procurement rules and of the rules on social and employment protection and working conditions by the economic operator awarded the contract and by his subcontractors including the related practice by contracting authorities and in particular by central purchasing bodies ;


### 1 000 000 eur in the case of public supply contracts or public service contracts ; ### 250 000 eur in the case of public supply contracts or public service contracts ;


### 10 000 000 eur in the case of public works contracts . ### 1 000 000 eur in the case of public works contracts .


### without prejudice to the national law concerning access to information , and in accordance with national and eu legislation on data protection , the oversight body shall , upon written request , give unrestricted and full direct access , free of charge , to the concluded contracts referred to in paragraph 6 . access to certain parts of the contracts may be refused where their disclosure would impede law enforcement or otherwise be contrary to the public interest , would harm the legitimate commercial interests of economic operators , public or private , or might prejudice fair competition between them . ### without prejudice to the national law concerning access to information , and in accordance with national and eu legislation on data protection , the oversight body shall collect and publicly provide unrestricted and full direct access , free of charge , to all documentation pertaining to any tendering processes . specific procedural documents such as contracts , contract amendments and audits pertaining to all concluded contracts shall also be made public . access to certain parts of such information may be withheld where their disclosure would impede law enforcement or otherwise be contrary to the public interest , would harm the legitimate commercial interests of economic operators , public or private , or might prejudice fair competition between them .


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


### assistance to contracting authorities and businesses ### assistance to contracting authorities


### member states shall make available technical support structures in order to provide legal and economic advice , guidance and assistance to contracting authorities in preparing and carrying out procurement procedures . member states shall also ensure that each contracting authority can obtain competent assistance and advice on individual questions . ### member states shall make available support structures in order to provide legal and economic advice , guidance and assistance to contracting authorities in preparing and carrying out procurement procedures . member states shall also ensure that each contracting authority can obtain competent assistance and advice on individual questions . member states may also use external consultancy services to complement their programme and project management skills and competences .


### ‘ standard’ means a technical specification approved by a recognised standardising body for repeated or continuous application , compliance with which is not compulsory and which falls into one of the following categories : ### ' standard ' means a technical specification established by consensus and approved by a recognised standardisation organisation for repeated or continuous use , with which compliance is not compulsory , and which falls into one of the following categories :


### the extension and deepening of the bologna process launched through the bologna declaration has led to the progressive convergence of higher education systems in participating countries but also beyond them . this is because national authorities have supported the mobility of students and academic staff , and higher education establishments have integrated it in their curricula . this needs to be reflected through improved intra - union mobility provisions for students . making european higher education attractive and competitive is one of the objectives of the bologna declaration . the bologna process led to the establishment of the european higher education area . streamlining the european higher education sector has made it more attractive for students who are third - country nationals to study in europe . ### the extension and deepening of the bologna process launched through the bologna declaration has led to the progressive convergence of higher education systems in participating countries but also beyond them . this is because national authorities have supported the mobility of students and academic staff , and higher education establishments have integrated it in their curricula . this needs to be reflected through improved intra - union mobility provisions for students . making european higher education attractive and competitive is one of the objectives of the bologna declaration . the bologna process led to the establishment of the european higher education area . streamlining the european higher education sector has made it more attractive for students who are third - country nationals to study in europe . the involvement of numerous third countries in the bologna process and union student mobility programmes makes the introduction of harmonised and simplified mobility rules for nationals of the countries concerned essential .


### member states may charge applicants for processing applications for authorisations . the fees should be proportionate to the purpose of the stay . ### member states should consider waiving fees for entry and residence of third - country nationals for the purposes of this directive . should member states require third - country nationals to pay fees , those should be proportionate to the purpose of the stay . member states may however charge applicants for processing applications for authorisations .


### as part of the drive to ensure a well - qualified workforce for the future , member states should allow students who graduate in the union to remain on their territory with the intention to identify work opportunities or to set up a business for 12 months after expiry of the initial authorisation . they should also allow researchers to do so upon completion of their research project as defined in the hosting agreement . this should not amount an automatic right of access to the labour market or to set up a business . they may be requested to provide evidence in accordance with article 24 . ### in order to enhance the attractiveness of the member states as a study destination , and as part of the drive to ensure a well - qualified workforce for the future , member states should have a discretion to allow students who graduate in the union to remain on their territory with the intention to identify work opportunities or to set up a business for a minimum of six or a maximum of twelve months after expiry of the initial authorisation . they should also be free to allow researchers to do so upon completion of their research project , depending on the hosting agreement , the employment contract and the conditions of the labour market in the member state concerned . this should not mean an automatic right of access to the labour market or to set up a business , but a decision for the member states to take under certain conditions , and the request to provide evidence in accordance with article 24 .


### to make the union more attractive for third - country national researchers , students , pupils , trainees , volunteers and au pairs , it is important to ensure their fair treatment in accordance with article 79 of the treaty . these groups are entitled to equal treatment with nationals of the host member state under directive 2011 / 98 / eu of the european parliament and of the council of 13 december 2011 on a single application procedure for a single permit for third - country nationals to reside and work in the territory of a member state and on a common set of rights for third - country workers legally residing in a member state . more favourable rights to equal treatment with nationals of the host member state as regards branches of social security as defined in regulation no 883 / 2004 on the coordination of social security schemes should be maintained for third - country national researchers , in addition to the rights granted under directive 2011 / 98 / eu . currently the latter foresees a possibility for member states to limit equal treatment with regard to branches of social security , including family benefits , and this possibility of limitation could affect researchers . in addition , independently on whether union or national law of the host member state gives third - country national school pupils , volunteers , unremunerated trainees and au - pairs access to the labour market , they should enjoy equal treatment rights with nationals of the host member state as regards access to goods and services and the supply of goods and services made available to the public . ### to make the union more attractive for third - country national researchers , students , pupils , remunerated or unremunerated trainees , volunteers and au pairs , it is important to ensure their fair treatment in accordance with article 79 of the treaty . students should continue to be covered by directive 2011 / 98 / eu of the european parliament and of the council of 13 december 2011 on a single application procedure for a single permit for third - country nationals to reside and work in the territory of a member state and on a common set of rights for third - country workers legally residing in a member state with the possible exceptions that apply under that directive . more favourable rights to equal treatment with nationals of the host member state as regards branches of social security as defined in regulation no 883 / 2004 on the coordination of social security schemes should be maintained for third - country national researchers in employment , in addition to the rights granted under directive 2011 / 98 / eu . currently the latter foresees a possibility for member states to limit equal treatment with regard to branches of social security , including family benefits , and this possibility of limitation could affect researchers . equal treatment under directive 2011 / 98 / eu should also apply to other categories of third - country nationals falling within the scope of this directive only if they are considered by the member states to be workers in employment . in addition , independently on whether union or national law of the host member state gives third - country national school pupils , volunteers , remunerated and unremunerated trainees and au - pairs access to the labour market , they should enjoy equal treatment rights with nationals of the host member state as regards access to goods and services and the supply of goods and services made available to the public .


### ' au pair ' means a third - country national who is temporarily received by a family in the territory of a member state in exchange for light housework and taking care of children in order to improve his / her linguistic skills and his / her knowledge of the host country ; ### ' au pair ' means a third - country adult aged 18 to 30 years , who is received by a host family in the territory of a member state , for a defined period of time during which he / she improves his / her education , linguistic skills and cultural knowledge of the host country , in exchange for minor housework and / or child minding ;


### ‘ employment’ means the exercise of activities covering whatever form of labour or work regulated under national law or established practice for and under the direction and supervision of an employer ; ### ' employment ' means the exercise of activities covering a form of labour or work regulated under national law or applicable collective agreement or established practice for and under the direction and supervision of an employer ; it signifies a legal contract between two parties , the employer and the employee , through which reciprocal rights and obligations are created between the employee and the employer ;


### specific conditions for trainees ### specific conditions for unremunerated and remunerated trainees


### have signed a training agreement , approved if need be by the relevant authority in the member state concerned in accordance with its national legislation or administrative practice , for a placement with a public - or private - sector enterprise or vocational training establishment recognised by the member state in accordance with its national legislation or administrative practice . ### as a part of his / her education , provide evidence of a signed training agreement or employment contract , approved if need be by the relevant authority in the member state concerned in accordance with its national legislation or administrative practice , for a placement with a public - or private - sector enterprise or vocational training establishment recognized by the member state in accordance with its national legislation or administrative practice .


### produce an agreement between the au - pair and the host family defining his / her rights and obligations , including specifications about the pocket money to be received and adequate arrangements allowing him / her to attend courses , and participation in day - to - day family duties . ### present a contract which states the rights and contractual obligations of the au pair and the host family , on the basis that the au pair receives board and lodging in exchange of services such as light housework and / or childcare in the host family and agreement between the au - pair and the host family clearly defining his / her rights and obligations , including specifications about the pocket money allowance to be received , adequate arrangements allowing or requiring him / her to attend courses , including the right to at least one whole free day per week , and participation in day - to - day family duties , indicating the maximum hours per day which may be dedicated to participation in such duties .


### after finalisation of research or studies in the member state , third - country nationals shall be entitled to stay on the territory of the member state for a period of 12 months in order to look for work or set up a business , if the conditions laid down in points and to of article 6 are still fulfilled . in a period of more than 3 and less than 6 months , third - country nationals may be requested to provide evidence that they continue to seek employment or are in the process of setting up a business . after a period of 6 months , third - country nationals may additionally be requested to provide evidence that they have a genuine chance of being engaged or of launching a business . ### members states may decide that after finalisation of research and / or studies in the member state , third country nationals shall be entitled to stay for a period lasting from six to 12 months in order to look for work or set up a business , if the conditions laid down in points and to of article 6 are still fulfilled and if they are able to provide for themselves and , if applicable , for their family . in a period of more than 3 and less than 6 months , third - country nationals may be requested to provide evidence that they continue to seek employment or are in the process of setting up a business . after a period of 6 months , third - country nationals may additionally be requested to provide evidence that they have a genuine chance of being engaged or of launching a business .


### for periods exceeding three months , but not exceeding six months , a third - country national who has been admitted as a student or as a remunerated trainee under this directive shall be allowed to carry out part of his / her studies / traineeship in another member state provided that before his or her transfer to that member state , he / she has submitted the following to the competent authority of the second member state : ### for periods exceeding three months , but not exceeding six months , a third - country national who has been admitted as a student , as a remunerated or unremunerated trainee or as a researcher under this directive may be allowed to carry out part of his / her studies / traineeship in another member state provided that before his or her transfer to that member state , he / she has submitted the following to the competent authority of the second member state for validation and approval :


### proof that he / she has been accepted by an establishment of higher education or a training host entity ; ### proof that he / she has been accepted by an establishment of higher education , school , family , training or a volunteer host entity ;


### in the case of students , the applicant can provide evidence of acceptance by the relevant establishment of higher education to follow a course of study . ### in the case of students or school pupils , the applicant can provide evidence of acceptance by the relevant educational establishment to follow a course of study .


### member states may require applicants to pay fees for the processing of applications in accordance with this directive . the amount of such fees shall not endanger the fulfilment of its objectives . ### member states shall consider waiving fees for entry and residence of third - country nationals for the purpose of this directive . member states may require applicants to pay fees for the processing of applications in accordance with this directive . the amount of such fees shall not endanger the fulfilment of its objectives .


### the commission should have the power to adopt delegated acts in accordance with article 290 tfeu in order to supplement or amend certain non - essential elements of section i of chapter i of title ii of part ii of regulation no 1234 / 2007 . the elements for which that power may be exercised should be defined , as well as the conditions to which that delegation is to be subject . ### in order to ensure the proper functioning of the regime established by this regulation , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the supplementing or amending of certain non - essential elements of this regulation . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council .


### in order to guarantee uniform application of marketing standards in all member states , the commission should be empowered to adopt implementing acts in accordance with article 291 tfeu . save where explicitly provided otherwise , the commission should adopt those implementing acts in accordance with the provisions of regulation no [ xxxx / yyyy ] of the european parliament and the council on… [ to be completed following the adoption of the regulation on control mechanisms , as referred to in article 291 of the tfeu , currently the subject of discussion by the european parliament and the council ] . ### in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission . those powers , save where explicitly provided otherwise , should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission ' s exercise of implementing powers* . _______________ * oj l 55 , 28 . 2 . 2011 , p . 13 .


### delegated acts the power to adopt the delegated acts referred to in this regulation shall be conferred on the commission for an indeterminate period of time . as soon as it adopts a delegated act , the commission shall notify it simultaneously to the european parliament and to the council . 2 . the delegation of power referred to in paragraph 1 may be revoked at any time by the european parliament or by the council . the institution which has commenced an internal procedure for deciding whether to revoke the delegation of power shall endeavour to inform the other institution and the commission within a reasonable time before the final decision is taken , indicating the delegated powers which could be subject to revocation and possible reasons for a revocation . the decision of revocation shall put an end to the delegation of the powers specified in that decision . it shall take effect immediately or at a later date specified therein . it shall not affect the validity of the delegated acts already in force . it shall be published in the official journal of the european union . 3 . the european parliament and the council may object to the delegated act within a period of two months from the date of notification . at the initiative of the european parliament or the council this period shall be extended by one month . if , on the expiry of that period , neither the european parliament nor the council has objected to the delegated act it shall be published in the official journal of the european union and shall enter into force at the date stated therein . the delegated act may be published in the official journal of the european union and enter into force before the expiry of that period if the european parliament and the council have both informed the commission of their intention not to raise objections . if the european parliament or the council objects to a delegated act , it shall not enter into force . the institution which objects shall state the reasons for objecting to the delegated act . ### exercise of delegation the power to adopt delegated acts is conferred on the commission subject to the conditions laid down in this article . 2 . the delegation of power referred to in articles 4a , 112c , 112e , 112f , 112g , 112k , 112k , 112l shall be conferred on the commission for a period of five years from . . . * . the commission shall draw up a report in respect of the delegated power no 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 . 3 . the delegation of power may be revoked at any time by the european parliament or by the council . the decision of revocation shall put an end to the delegation of the powers 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 . 4 . as soon as it adopts a delegated act , the commission shall notify it simultaneously to the european parliament and to the council . 5 . a delegated act adopted pursuant to this regulation shall enter into force only if no objection has been expressed either by the parliament or the council within a period of two months of adoption of that act to the european parliament or 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 . * date of entry into force of this regulation


### implementing acts - committee [ where implementing acts are adopted pursuant to this regulation , the commission shall be assisted by the committee referred to in article 195 of this regulation and the procedure provided for in article [ 5 ] of regulation no [ xxxx / yyyy ] of the tfeu , currently the subject of discussion by the european parliament and the council ) shall apply . ] ' ### committee procedure the commission shall be assisted by the management committee for the common organisation of agricultural markets established by article 195 of this regulation . that committee shall be a committee within the meaning of regulation no 182 / 2011* . 2 . where reference is made to this paragraph , article 5 of regulation no 182 / 2011 shall apply . ______________________ * oj l 55 , 28 . 2 . 2011 , p . 13 .


### text proposed by the council ### before cepol starts its operational phase at the new location , a headquarter agreement should be concluded , based on a set of provisions put together by the european commission .


### the resources available for commitments from the emff for the period 2014 to 2020 under shared management shall be eur 5 520 000 000 in current prices in accordance with the annual breakdown set out in annex ii . ### the indicative amount available for commitments from the emff for the period 2014 to 2020 under shared management shall be eur 5 520 000 000 in constant 2011 prices in accordance with the indicative annual breakdown set out in annex ii .


### eur 477 000 000 of the resources referred to in paragraph shall be allocated to control and enforcement measures referred to in article 78 . ### a minimum of eur 477 000 000 of the resources referred to in paragraph 1 shall be allocated to control and enforcement measures referred to in article 78 .


### eur 358 000 000 of the resources referred to in paragraph shall be allocated to measures on data collection referred to in article 79 . ### a minimum of eur 358 000 000 of the resources referred to in paragraph 1 shall be allocated to measures on data collection referred to in article 79 .


### eur 45 000 000 of the resources referred to in paragraph shall be allocated to the storage aid referred to in article 72 from 2014 to 2018 included . ### a maximum of eur 45 000 000 of the resources referred to in paragraph 1 may be allocated to the storage aid referred to in article 72 from 2014 to 2018 inclusive .


### an amount of eur 1 047 000 000 of the emff shall allocated to measures under direct management as specified in chapter i and ii of title vi . this amount includes technical assistance under article 91 . ### an indicative amount of eur 1 047 000 000 in constant 2011 prices shall be allocated to measures under direct management as specified in chapters i and ii of title vi . this amount includes technical assistance under article 91 .


### the management and use of data for the purpose of scientific analysis and cfp implementation ; ### the management and use of data for the purpose of scientific and socio - economic analysis and cfp implementation ;


### the emff may support the provision of scientific deliverables , particularly applied - research projects directly linked to the provision of scientific opinions and advice , for the purpose of sound and efficient fisheries management decisions under the cfp . ### the emff may support the provision of scientific deliverables , particularly applied - research projects directly linked to the provision of scientific and socio - economic opinions and advice , for the purpose of sound and efficient fisheries management decisions under the cfp .


### for any undue payment following the occurrence of irregularity or negligence , member states shall request recovery from the beneficiary within one year of the first indication that such an irregularity has taken place and shall record the corresponding amounts in the debtors ' ledger of the paying agency . ### for any undue payment following the occurrence of irregularity or negligence , member states shall request recovery from the beneficiary no later than 24 months after the competent national authority determined the amounts to be recovered on the basis of a final control report or a similar document , according to the legislation applicable and shall record the corresponding amounts in the debtors ' ledger of the paying agency


### the success of the common fisheries policy depends on an effective system of control , inspection and enforcement as well as on reliable complete data , both for scientific advice and for implementation and control purposes ; therefore the emff should support these policies . ### the success of the common fisheries policy depends on an effective system of control , inspection , including workplace inspections and enforcement as well as on reliable complete data , both for scientific advice and for implementation and control purposes ; therefore the emff should support these policies .


### to ensure that the emff contributes to the achievement of the objectives of the cfp , the imp and the europe 2020 strategy , it is necessary to focus on a limited number of core priorities relating to fostering innovation and knowledge based fisheries and aquaculture , promoting sustainable and resource - efficient fishing and aquaculture , and increasing employment and territorial cohesion by unlocking the growth and job potential of coastal and inland fisheries communities and promoting diversification of fisheries activities into other sectors of the marine economy . ### to ensure that the emff contributes to the achievement of the objectives of the cfp , the imp and the europe 2020 strategy , it is necessary to focus on a limited number of key priorities relating to fostering innovation and knowledge based fisheries and aquaculture , promoting sustainable and resource - efficient fishing and aquaculture , and increasing employment and territorial cohesion by unlocking the growth and job potential of coastal and inland communities depending on fishing and aquaculture and promoting diversification and versatility within fisheries and aquaculture activities .


### since the objectives of this regulation cannot be sufficiently achieved by the member states given the scale and effects of the operations to be financed under the operational programmes and the structural problems encountered in the development of the fisheries and maritime sectors as well as the limited financial resources of the member states , these objectives can therefore be better achieved at union level by providing multi - annual financial assistance focused on the relevant priorities , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on the european union . in accordance with the principle of proportionality as set out in article 5 of that treaty , this regulation does not go beyond what is necessary in order to achieve that objective . ### since the objectives of this regulation cannot be sufficiently achieved by the member states given the scale and effects of the operations to be financed under the operational programmes and the structural problems encountered in the development of the fisheries , aquaculture and maritime sectors as well as the limited financial resources of the member states , these objectives can therefore be better achieved at union level by providing multi - annual financial assistance focused on the relevant priorities , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on the european union . in accordance with the principle of proportionality as set out in article 5 of that treaty , this regulation does not go beyond what is necessary in order to achieve that objective .


### the financing of the common fisheries policy and maritime integrated policy expenditure through a single fund , the emff , should address the need for simplification as well as strengthening the integration of both policies . the extension of shared management to common markets organisations including the compensation for the outermost regions , control and data collection activities should further contribute to simplification and reduce the administrative burden both for the commission and the member states as well as achieve greater coherence and efficiency of the support granted . ### the financing of the common fisheries policy and maritime integrated policy expenditure through a single fund , the emff , should address the need for simplification as well as strengthening the integration of both policies . the extension of shared management to common markets organisations including the compensation for the outermost regions , control and data collection activities and complementary tools for the implementation of the integrated maritime policy , should further contribute to simplification and reduce the administrative burden both for the commission and the member states as well as achieve greater coherence and efficiency of the support granted .


### the achievement of the objectives of the cfp would also be undermined if union financial assistance under emff is paid to member states who do not comply with their obligations under the cfp rules related to the public interest of conservation of marine biological resources , such as collecting data and implementing the control obligations . moreover , without complying with those obligations there is a risk that inadmissible beneficiaries or ineligible operations are not detected by the member states . . ### the achievement of the objectives of the cfp would also be undermined if union financial assistance under emff is paid to member states who do not comply with their obligation to achieve a stable balance between the fishing fleet and fishing opportunities as defined in article 34 . 1 of the regulation of the cfp or with their obligations under the cfp rules related to the public interest of conservation of marine biological resources , such as collecting data and implementing the control obligations .


### the achievement of the objectives of the cfp would also be undermined if union financial assistance under emff is paid to member states who do not comply with their obligations under the cfp rules related to the public interest of conservation of marine biological resources , such as collecting data and implementing the control obligations . moreover , without complying with those obligations there is a risk that inadmissible beneficiaries or ineligible operations are not detected by the member states . ### the achievement of the objectives of the cfp would also be undermined if union financial assistance under emff is paid to member states who do not comply with their obligations to ensure balance between the fishing fleet and the fishing opportunities in accordance with article 34 of the cfp basic regulation or their obligations under the cfp rules related to the public interest of conservation of marine biological resources , such as collecting data and implementing the control obligations . moreover , without complying with those obligations there is a risk that inadmissible beneficiaries or ineligible operations are not detected by the member states .


### the fulfilment of certain ex - ante conditionalities is of outmost importance in the context of the cfp , especially as regards the submission of a multiannual national strategy plan on aquaculture and proven administrative capacity to comply with the data requirements for fisheries management and to enforce with the implementation of a union control , inspection and enforcement system . ### the fulfilment of certain ex - ante conditionalities is of outmost importance in the context of the cfp , especially as regards the submission of a multiannual national strategy plan on aquaculture and proven administrative capacity to comply with the data requirements for fisheries management and to enforce with the implementation of a union control , inspection and enforcement system ; and to ensure the implementation of eu legislation on working conditions , particularly those related to safety , health , education and training .


### in line with the goal of simplification , all activities of the emff which fall under shared management , including control and data collection , should take the form of one single operational programme per member state , in accordance with its national structure . the programming exercise shall cover the period from 1 january 2014 to 31 december 2020 . each member state should prepare a single operational programme . each programme should identify a strategy for meeting targets in relation to the union priorities for the emff and a selection of measures . programming should comply with union priorities , while being adapted to national contexts and complement the other union policies , in particular rural development policy and cohesion policy . ### in line with the goal of simplification , all activities of the emff which fall under shared management , including control and data collection , should take the form of a national operational programme or regional operational programmes , in accordance with the national structure of each member state . the programming exercise shall cover the period from 1 january 2014 to 31 december 2020 . each member state should prepare a national operational programme or regional operational programmes . each programme should identify a strategy for meeting targets in relation to the union priorities for the emff and a selection of measures . programming should comply with union priorities , while being adapted to national contexts and complement the other union policies , in particular rural development policy and cohesion policy .


### recognising the importance of the role that spouses of self - employed fishermen play in small scale coastal fishing , the emff should support training and networking contributing to their professional development and giving them the means to better fulfil the ancillary tasks they traditionally perform . ### recognising the importance of the role that spouses play in micro , small and medium - sized fishing and aquaculture enterprises , the emff should support training and networking contributing to their professional development directly related to the fishing or aquaculture enterprise .


### conscious of the weak presence of small scale coastal fishermen in the social dialogue , the emff should support organisations promoting this dialogue in the appropriate fora ### conscious of the social and territorial importance of coastal fishermen , the emff should support organisations promoting the social dialogue of the coastal fishing sector in the appropriate fora


### conscious of the weak presence of small scale coastal fishermen in the social dialogue , the emff should support organisations promoting this dialogue in the appropriate fora . ### conscious of the weak presence of fishermen in the social dialogue , particularly small - scale and coastal fishermen , as well as professional associations , the emff should support , at european , national , regional and local level , organisations promoting this dialogue in the appropriate fora .


### in order to address health and safety needs on board , the emff should support investments covering safety and hygiene on board . ### in order to address health and safety needs on board , and consistency with the other policies , the emff should only support investments covering safety and hygiene on board for those vessels operating in fisheries which have demonstrated there is no overcapacity . these investments should not increase the catch potential of the vessel .


### in the same vein , the emff should support the reduction of the impact of fishing on the marine environment in particular through the promotion of eco innovation , more selective gears and equipment as well as measures aiming at protecting and restoring marine biodiversity and ecosystems and the services they provide , in line with the eu biodiversity strategy to 2020 . ### in the same vein , the emff should support the reduction of the negative impact of fishing on the marine environment , the reduction of greenhouse gas emissions , promote more selective gears and equipment and support the development of more fuel - efficient vessels . the emff should in particular promote eco innovation in terms of hulls , engines and gear , as well as measures aiming at protecting and restoring marine biodiversity and ecosystems and the services they provide , in line with the eu biodiversity strategy to 2020 and the headline targets of the europe 2020 strategy on climate change .


### conscious of the importance of fishing ports , landing sites and shelters , the emff should support relevant investments in particular to increase energy efficiency , environmental protection , the quality of the product landed , as well as safety and working conditions . ### conscious of the importance of fishing ports , auctions , landing sites and shelters , the emff should support relevant investments in particular to increase energy efficiency , environmental protection , the quality of the product landed , as well as safety and working conditions .


### conscious of the need to identify the most suitable areas for developing aquaculture taking into account access to waters and space , the emff should support national authorities in making their strategic choices at national level . ### conscious of the need to identify the most suitable areas for developing aquaculture taking into account access to waters and space , the emff should support national and sub - national authorities in making their strategic choices based on their respective competences .


### conscious of the need to identify the most suitable areas for developing aquaculture taking into account access to waters and space , the emff should support national authorities in making their strategic choices at national level . ### conscious of the need to identify the most suitable geographical and environmental areas for developing aquaculture taking into account access to waters and space , the emff should support national authorities and competent regional authorities in making their strategic choices , especially as regards their definition , location and mapping .


### investment in human capital is also vital to increase the competitiveness and economic performance of aquaculture activities . therefore , the emff should support lifelong learning and networking stimulating the dissemination of knowledge as well as advisory services helping to improve the overall performance and competitiveness of operators . ### investment in human capital is also vital to increase the competitiveness and economic performance of aquaculture activities . therefore , the emff should support lifelong learning and networking stimulating the dissemination and exchange of knowledge and good practices , through all the competent advisory services , including professional associations , so that they can help to improve the overall performance and competitiveness of operators .


### investment in human capital is also vital to increase the competitiveness and economic performance of aquaculture activities . therefore , the emff should support lifelong learning and networking stimulating the dissemination of knowledge as well as advisory services helping to improve the overall performance and competitiveness of operators . ### investment in human capital is also vital to increase the competitiveness and economic performance of aquaculture activities . therefore , the emff should support the training of new professionals , lifelong learning and networking stimulating the dissemination of knowledge as well as advisory services helping to improve the overall performance and competitiveness of operators .


### in order to promote environmentally sustainable aquaculture , the emff should support aquaculture activities which are highly respectful of the environment , the conversion of aquaculture enterprises to eco - management , the use of audit schemes as well as the conversion to organic aquaculture . in the same vein , the emff should also support aquaculture providing for special environmental services . ### in order to promote environmentally , socially and economically sustainable aquaculture , the emff should support aquaculture activities which are highly respectful of the environment , the conversion of aquaculture enterprises to sustainable management , the use of audit schemes as well as the conversion to organic aquaculture . in the same vein , the emff should also support aquaculture providing for special environmental and societal services .


### in order to promote environmentally sustainable aquaculture , the emff should support aquaculture activities which are highly respectful of the environment , the conversion of aquaculture enterprises to eco - management , the use of audit schemes as well as the conversion to organic aquaculture . in the same vein , the emff should also support aquaculture providing for special environmental services . ### in order to promote environmentally sustainable aquaculture , the emff should support aquaculture activities which are highly respectful of the environment , the conversion of aquaculture enterprises to eco - management , measures intended to encourage the use of renewable energy sources , the use of audit schemes as well as the conversion to organic aquaculture . in the same vein , the emff should also support aquaculture providing for special environmental services , including the conservation and development of wetlands .


### considering that the community - led approach for local development has , over a number of years , proven its utility in promoting the development of fisheries and rural areas by fully taking into account the multi - sectoral needs for endogenous development , support should be continued and reinforced in the future . ### considering that the community - led approach for local development has , over a number of years , proven its utility in promoting the development of fishing and rural communities by fully taking into account the multi - sectoral needs for endogenous development , support should be continued and reinforced in the future .


### in fisheries areas , community - led local development should encourage innovative approaches to create growth and jobs , in particular by adding value to fisheries products and diversifying the local economy towards new economic activities , including those offered by ' blue growth ' and the broader maritime sectors . ### in fisheries and aquaculture areas , community - led local development should encourage innovative approaches to create growth and jobs , in particular by adding value to fisheries and aquaculture products and diversifying the local economy towards new economic activities , including those offered by ' blue growth ' and the broader maritime sectors , while preserving and strengthening employment and the territory’s fisheries and aquaculture sector enterprises , with a view to conserving on the shore a dynamic primary sector and dynamic processing .


### in fisheries areas , community - led local development should encourage innovative approaches to create growth and jobs , in particular by adding value to fisheries products and diversifying the local economy towards new economic activities , including those offered by ' blue growth ' and the broader maritime sectors . ### in areas where fishing and related activities are carried out , community - led local development , in line with regional development strategies , should encourage innovative approaches to create growth and jobs , in particular by adding value to fisheries products and diversifying the local economy towards new economic activities , including those offered by ' blue growth ' and the broader maritime sectors .


### it is paramount that member states and operators are equipped in such a way that controls can be carried out to a high standard and therefore ensure compliance with the rules of the common fisheries policy while providing for the sustainable exploitation of living aquatic resources ; the emff should therefore support member states and operators in conformity with council regulation no 1224 / 2009 . by creating a culture of compliance , this support should contribute to sustainable growth . ### taking account of the characteristics of the different fisheries and the cost effectiveness of each one of them , it is paramount that member states and operators are equipped in such a way that controls can be carried out to a high standard and therefore ensure compliance with the rules of the common fisheries policy while providing for the sustainable exploitation of living aquatic resources ; the emff should therefore support member states and operators in conformity with council regulation no 1224 / 2009 . by creating a culture of compliance , this support should contribute to sustainable growth .


### it is paramount that member states and operators are equipped in such a way that controls can be carried out to a high standard and therefore ensure compliance with the rules of the common fisheries policy while providing for the sustainable exploitation of living aquatic resources ; the emff should therefore support member states and operators in conformity with council regulation no 1224 / 2009 . by creating a culture of compliance , this support should contribute to sustainable growth . ### it is paramount that member states and operators are equipped in such a way that controls can be carried out to a high standard and therefore ensure compliance with the rules of the common fisheries policy while providing for the sustainable exploitation of living aquatic resources ; the emff should therefore support member states and operators in conformity with council regulation no 1224 / 2009 . by creating a culture of compliance , this support should contribute to sustainable growth . in order to standardise and step up monitoring , the member states must also be able to put in place common control systems .


### it is paramount that member states and operators are equipped in such a way that controls can be carried out to a high standard and therefore ensure compliance with the rules of the common fisheries policy while providing for the sustainable exploitation of living aquatic resources ; the emff should therefore support member states and operators in conformity with council regulation no 1224 / 2009 . by creating a culture of compliance , this support should contribute to sustainable growth . ### it is paramount that member states and operators are equipped in such a way that controls can be carried out to a high standard and therefore ensure compliance with the rules of the common fisheries policy while providing for the sustainable exploitation of living aquatic resources ; taking account of the characteristics of the different fisheries and the cost effectiveness of each one of them , the emff should therefore support member states and operators in conformity with council regulation no 1224 / 2009 . by creating a culture of compliance , this support should contribute to sustainable growth .


### provisions should be laid down for support to collect , manage and use of fisheries data as specified in the multiannual union programme , in particular to support national programmes and the management and use of data for scientific analysis and cfp implementation . the support granted to member states on the basis of the regulation no . 861 / 2006 for the expenditure incurred relating to the collection , management and use of fisheries data should be continued under the emff pursuing the logic of a single fund . ### by informing the relevant stakeholders of procedures through the advisory councils , provisions should be laid down for support to collect , manage and use of fisheries data as specified in the multiannual union programme , in particular to support national programmes and the management and use of data for scientific analysis and cfp implementation . the support granted to member states on the basis of the regulation no . 861 / 2006 for the expenditure incurred relating to the collection , management and use of fisheries data should be continued under the emff pursuing the logic of a single fund .


### provisions should be laid down for support to collect , manage and use of fisheries data as specified in the multiannual union programme , in particular to support national programmes and the management and use of data for scientific analysis and cfp implementation . the support granted to member states on the basis of the regulation no . 861 / 2006 for the expenditure incurred relating to the collection , management and use of fisheries data should be continued under the emff pursuing the logic of a single fund . ### provisions should be laid down for support to collect , manage and use of fisheries data as specified in the multiannual union programme , in particular to support national and regional programmes , and the management and use of data for scientific analysis and cfp implementation . the support granted to member states on the basis of the regulation no . 861 / 2006 for the expenditure incurred relating to the collection , management and use of fisheries data should be continued under the emff pursuing the logic of a single fund .


### provisions should be laid down for support to collect , manage and use of fisheries data as specified in the multiannual union programme , in particular to support national programmes and the management and use of data for scientific analysis and cfp implementation . the support granted to member states on the basis of the regulation no . 861 / 2006 for the expenditure incurred relating to the collection , management and use of fisheries data should be continued under the emff pursuing the logic of a single fund . ### provisions should be laid down for support to collect , manage and use of fisheries data as specified in the multiannual union programme , in particular to support national and sub - national programmes and the management and use of data for scientific analysis and cfp implementation . the support granted to member states on the basis of the regulation no . 861 / 2006 for the expenditure incurred relating to the collection , management and use of fisheries data should be continued under the emff pursuing the logic of a single fund .


### conscious of the importance of ensuring conservation of marine biological and protecting fish stocks in particular from illegal fishing and in the spirit of the conclusions drawn in the green paper on the reform of the cfp1 , those operators who do not comply with the rules of the cfp , and particularly jeopardise the sustainability of the stocks concerned and constitute therefore a serious threat to the sustainable exploitation of living marine biological resources that restores and maintains populations of harvested species above levels which can produce the msy , and those who are involved in iuu fishing should be excluded from support under the emff . union funding should not at any stage from the selection to the implementation of an operation be used to undermine the public interest of conservation of marine biological resources expressed in the objectives of the cfp regulation . ### conscious of the importance of ensuring conservation of marine biological and protecting fish stocks in particular from illegal fishing1 , those operators who do not comply with the rules of the cfp , and those who are involved in iuu fishing should be excluded from support under the emff . union funding should not at any stage from the selection to the implementation of an operation be used to undermine the public interest of conservation of marine biological resources expressed in the objectives of the cfp regulation .


### with a view to strengthening accessibility and transparency of information about funding opportunities and project beneficiaries , in each member state a single website or website portal providing information on operational programme , including the lists of operations supported under each operational programme , should be made available . this information should give a reasonable , tangible and concrete idea to the wider public and in particular to union taxpayers on how union funding is spent in the framework of the emff . in addition to this objective , the publication of relevant data should serve the purpose of further publicising the possibility of applying for union funding . however in full respect of the fundamental right to data protection and in line with the judgment of the court in the joined cases schecke1 , the publication of the names of natural persons should not be requested . ### with a view to strengthening accessibility and transparency of information about funding opportunities and project beneficiaries , in each member state a single website or website portal providing information on the national operational programme or regional operational programmes , including the lists of operations supported under each operational programme , should be made available . this information should give a reasonable , tangible and concrete idea to the wider public and in particular to union taxpayers on how union funding is spent in the framework of the emff . in addition to this objective , the publication of relevant data should serve the purpose of further publicising the possibility of applying for union funding . however in full respect of the fundamental right to data protection and in line with the judgment of the court in the joined cases schecke1 , the publication of the names of natural persons should not be requested .


### ' fisheries area ' means an area with sea or lake shore or including ponds or a river estuary with a significant level of employment in fisheries or aquaculture and designated as such by the member state ; ### ' area of fisheries , aquaculture and related activities’ generally means an area with sea , river or lake shore or including ponds or a river estuary with a significant level of employment in fisheries , aquaculture and the ancillary activities thereof , or the processing of their products , and designated as such by the member state ;


### ' integrated maritime governance ' means the coordinated management of all sectoral policies of the eu affecting the oceans , seas , and coastal regions ; ### ' integrated maritime governance ' means the coordinated management of all sectoral policies at eu level affecting the oceans , seas , and coastal regions ;


### the achievement of the objectives of the emff shall contribute to the europe 2020 strategy for smart , sustainable and inclusive growth . it shall be pursued through the following six union priorities , which translate the relevant thematic objectives of the common strategic framework : ### the achievement of the objectives of the emff shall contribute to the europe 2020 strategy for smart , sustainable and inclusive growth . it shall be pursued through the following six union priorities , which translate the relevant thematic objectives of the common strategic framework . these objectives are all related to fishing and its integration into maritime activities or coastal and inland communities dependent on fishing and aquaculture .


### the achievement of the objectives of the emff shall contribute to the europe 2020 strategy for smart , sustainable and inclusive growth . it shall be pursued through the following six union priorities , which translate the relevant thematic objectives of the common strategic framework : ### the emff shall contribute to the europe 2020 strategy for job creation and smart , sustainable and inclusive growth . it shall be pursued through the following six union priorities , which translate the relevant thematic objectives of the common strategic framework :


### promotion of economic growth , social inclusion , creation of jobs and supporting labour mobility in coastal and inland communities depending on fishing and aquaculture ; ### promotion of economic growth , social inclusion , creation of jobs and supporting labour mobility in coastal , outermost and inland communities depending on fishing and aquaculture ;


### support to strengthening technological development , innovation and knowledge transfer ; ### support to strengthening technological development , innovation and knowledge transfer , provided that they do not lead to a capacity increase ;


### support to strengthening technological development , innovation and knowledge transfer ; ### support for strengthening technological development , technical , social and economic innovation and knowledge transfer ;


### support to strengthening technological development , innovation and knowledge transfer ; ### support to strengthening technological development , technical , social and economic innovation and knowledge transfer ;


### enhancement of the competitiveness and viability of fisheries , in particular of small scale coastal fleet , and improvement of safety or working conditions ; ### enhancement of their competitiveness and viability , in particular of smes , as well as the development of an innovative , robust and sustainable industrial processing base for sea products , capable of generating employment in the eu , creating added value and competing globally ;


### development of new professional skills and lifelong learning ; ### development of new professional skills and lifelong learning with particular reference to young aquaculture farmers ;


### reduction of the impact of fisheries on the marine environment ; ### reduction of the impact of fisheries on the marine environment ; promotion of ecosystems related to aquaculture and fostering of resource efficient aquaculture ;


### without prejudice to paragraph 2 of this article , articles 107 , 108 and 109 of the treaty shall apply to aid granted by the member states to enterprises in fisheries and aquaculture . ### articles 107 , 108 and 109 of the treaty shall apply to aid granted by the member states to enterprises in fisheries and aquaculture .


### however articles 107 , 108 and 109 of the treaty shall not apply to payments made by member states pursuant to , and in conformity with , this regulation within the scope of article 42 of the treaty . ### by way of derogation from paragraph 1 of this article , articles 107 , 108 and 109 of the treaty shall not apply to payments made by member states pursuant to , and in conformity with , this regulation within the scope of article 42 of the treaty .


### operators that have committed a serious infringement under 42 of the regulation no 1005 / 2008 or article 90 of the regulation no 1224 / 2009 ; ### operators that have had their fishing licence suspended more than twice , in accordance with article 92 , that have committed a serious infringement under 42 of the regulation no 1005 / 2008 or article 90 of the regulation no 1224 / 2009 ;


### operators that have committed a serious infringement under 42 of the regulation no 1005 / 2008 or article 90 of the regulation no 1224 / 2009 ; ### operators that have committed a serious infringement under article 42 of the regulation no 1005 / 2008 or article 90 of the regulation no 1224 / 2009 , with a sanction based on a final administrative decision ;


### an amount of eur 1 047 000 000 of the emff shall allocated to measures under direct management as specified in chapter i and ii of title vi . this amount includes technical assistance under article 91 . ### an amount of eur x of the emff shall allocated to measures under direct management as specified in chapter i and ii of title vi . this amount includes technical assistance under article 91 . this amount shall also take into account the increased prerogatives in relation to the regional advisory councils consultation in the cfp , as well as the establishment of a new rac for the outermost regions , from where the need arises to increase the budget allocated to the rac relative to the eff . in light of the co - financing rates paid by the regional authorities for the running of the rac , it is legitimate that they be represented in the racs


### an analysis of the situation in terms of swot and identification of the needs that have to be addressed in the geographical area covered by the programme ; ### an analysis of the situation in terms of swot and identification of the needs that have to be addressed in the geographical and environmental area covered by the programme ;


### taking into account the new priorities laid down in the decision mentioned in the second sub - paragraph of this paragraph , member states shall submit to the commission by 31 october of the year preceding the year of implementation concerned , the amendment to the operational programme . ### taking into account the new priorities laid down in the decision mentioned in the second sub - paragraph of this paragraph , member states shall submit to the commission by 31 october of the year preceding the year of implementation concerned , the amendment to the operational programme concerned .


### for the purpose of application of article 20 , member states shall submit to the commission an annual work plan before 31 october each year . annual work plans shall contain a description of the procedures and methods to be used in collecting and analysing data and in estimating their accuracy and precision . ### for the purpose of application of article 20 , member states shall submit to the commission multiannual work plans before 31 october each year . these work plans shall contain a description of the procedures and methods to be used in collecting and analysing data and in estimating their accuracy and precision .


### for the purpose of application of article 20 , member states shall submit to the commission an annual work plan before 31 october each year . annual work plans shall contain a description of the procedures and methods to be used in collecting and analysing data and in estimating their accuracy and precision . ### for the purpose of application of article 20 , member states shall submit to the commission , before 31 october each year , an annual work plan or shall notify the continuation of the plan in force the previous year . annual work plans shall be drawn up within the framework of a multiannual national programme drawn up in accordance with the community programme and shall contain a description of the procedures and methods to be used in collecting and analysing data and in estimating their accuracy and precision .


### annual work programme ### work programme


### the annual work programme shall set out the objectives pursued , the expected results , the method of implementation and its total amount . it shall also contain a description of the activities to be financed , an indication of the amount allocated to each activity , an indicative implementation timetable , as well as information on their implementation . it shall include for grants the priorities , the essential evaluation criteria and the maximum rate of co - financing . ### the multiannual work programme shall set out the objectives pursued , the expected results , the method of implementation and its total amount . it shall also contain a description of the activities to be financed , an indication of the amount allocated to each activity , an indicative implementation timetable , as well as information on their implementation . it shall include for grants the priorities , the essential evaluation criteria and the maximum rate of co - financing , as well as annual reports on budget implementation .


### the owner of a fishing vessel having received support under articles 32 , 36 , 39 , or 40 of this regulation shall not transfer the vessel to a third country outside the union during at least 5 years following the date of actual payment to the beneficiary . ### the owner of a fishing vessel having received support under articles 32 , 37 , 39 , or 40 of this regulation shall not transfer the vessel to an operator established in a third country outside the union during at least 5 years following the date of actual payment of this support to the beneficiary . if a fishing vessel transfers during this period , it must return the support received in proportion to the period elapsed , which shall be recovered by the member state which shall report to the commission .


### operations financed under this article must be carried out in collaboration with a scientific or technical body recognised by the member state which shall validate the results of such operations . ### operations financed under this article must be carried out in collaboration with a scientific , technical or economic body recognised to be of proven solvency by the member state or the eu which shall validate the results of such operations .


### 2 , operations financed under this article must be carried out in collaboration with a scientific or technical body recognised by the member state which shall validate the results of such operations . ### operations financed under this article must be carried out in collaboration with a scientific or technical body recognised by the member state by means of the business classification provided for in national contract law for public administration .


### operations under this article must be carried out in collaboration with a scientific or technical body as recognised by the national law of each member state which shall validate the results of such operations . ### operations under this article must be carried out in collaboration with a scientific or technical body as recognised through the business classification referred to in the national contract law of the public institutions .


### the results of operations financed under this article shall be subject to adequate publicity by the member state according to article 143 . ### the results of operations financed under this article shall be the subject of publicly accessible reports , as well as adequate publicity by the member state according to article 143 .


### the feasibility studies and advice referred to respectively in paragraph 1 and shall be provided by recognised scientific or technical bodies with the required advisory competences as recognised by the national law of each member state . ### the feasibility studies and advice referred to respectively in paragraph 1 and shall be provided by recognised scientific , academic , professional or technical bodies with the required advisory competences as recognised by the national law of each member state .


### the creation of a network composed by one or more independent scientific bodies and fishermen or one or more organisations of fishermen ; ### specific actions and pilot projects and also the creation of a network composed by independent scientific bodies , organisations of fishermen , social and environmental organisations with the participation of those public bodies of eu member states that wish to do so ;


### the activities carried out by a network as referred in point . ### the specific actions carried out by independent scientific bodies and fishermen or one or several organisations of fishermen or by the networks as referred in point .


### activities referred to in paragraph 1 may cover data collection activities , studies , dissemination of knowledge and best practices . ### activities referred to in paragraph 1 may cover data collection activities , studies , pilot projects and the dissemination of knowledge including seminars and best practices .


### lifelong learning , dissemination of scientific knowledge and innovative practices , and acquisition of new professional skills in particular linked to the sustainable management of marine ecosystems , activities in the maritime sector , innovation and entrepreneurship ; ### lifelong learning , young people ' s access to fishing activity , dissemination of scientific knowledge and innovative practices , acquisition of new professional skills in particular linked to the sustainable management of marine ecosystems , activities in the maritime sector , innovation , the provision of environmental services , educational activities , tourism and entrepreneurship ;


### lifelong learning , dissemination of scientific knowledge and innovative practices , and acquisition of new professional skills in particular linked to the sustainable management of marine ecosystems , activities in the maritime sector , innovation and entrepreneurship ; ### lifelong learning , dissemination of economic , technical , scientific or legal knowledge , local knowledge and know - how and innovative practices , the prevention of occupational risks and acquisition of new professional skills in particular linked to the sustainable management of marine and inland water ecosystems , activities in the maritime and inland water sectors , innovation and entrepreneurship ;


### networking and exchange of experience and best practice between stakeholders including among organisations promoting equal opportunities between men and women ; ### networking and exchange of experience and best practice between stakeholders including among training organisations and those promoting equal opportunities between men and women ;


### promoting the social dialogue at national , regional or local level involving fishermen and other relevant stakeholders . ### promoting the social dialogue at national , regional and local level involving fishermen and their professional bodies .


### support under paragraph 1 shall be granted to fishermen who : ### support under paragraph 1 shall be granted to operators who :


### beneficiaries of the support referred to in paragraph 1 shall not engage in professional fishing in the five years following the reception of the last payment of the support . ### beneficiaries of the support referred to in paragraph 1 shall not engage in professional fishing in the five years following the reception of the last payment of the support , otherwise they shall have to repay ‘ pro rata temporis’ the support received .


### beneficiaries of the support referred to in paragraph 1 shall not engage in professional fishing in the five years following the reception of the last payment of the support . ### beneficiaries of the support referred to in paragraph 1 shall not engage in professional fishing in the five years following the reception of the last payment of the support . should they return to professional fishing , they must return the support received in accordance with the principle of pro rata temporis .


### beneficiaries of the support referred to in paragraph 1 shall not engage in professional fishing in the five years following the reception of the last payment of the support . ### in the event of the cessation of fishing activities , beneficiaries of the support referred to in paragraph 1 shall not engage in professional fishing in the five years following the reception of the last payment of the support .


### the amount of financial assistance granted under paragraph 1 shall not exceed 50% of the budget foreseen in the business plan for each operation and shall not exceed a maximum amount of 50 000 eur for each operation . ### the amount of financial assistance granted under paragraph 1 shall not exceed 50% of the investment budget foreseen in the business plan .


### health and safety on board ### health , hygiene and safety on board


### in order to improve working conditions on board for fishermen the emff may support investments on board or in individual equipments providing that these investments go beyond standards required under national or union law . ### in order to improve working and living conditions on board for fishermen and ancillary workers with a job linked to the fisheries sector and safety conditions on board the vessels , the emff may provide support for carrying out feasibility studies , training and practice in first aid and rescue as well as investments on board or in individual items of equipment .


### in order to improve working conditions on board for fishermen the emff may support investments on board or in individual equipments providing that these investments go beyond standards required under national or union law . ### in order to improve working , health and living conditions on board for fishermen on fishing vessels the emff may support investments , including on board or in individual equipments , providing that these investments go beyond standards required under national or union law . the emff may also support measures for advice and technical assistance concerning the management of health and safety on board with a view to improving organisation on board , preventing accidents or mishaps on board and disseminating good practice relating to prevention .


### support to systems of transferable fishing concessions of the cfp ### support for regulatory and management systems for professional fishing


### support to systems of transferable fishing concessions of the cfp ### support to systems of allocation of fishing opportunities of the cfp


### support to systems of transferable fishing concessions of the cfp ### support for the development and application of the multiannual plans


### in order to establish or modify systems of transferable fishing concessions under article 27 of the [ regulation on the cfp ] , the emff may support : ### in order to establish or modify regulatory and management systems for professional fishing defined in article 3 of this regulation , the emff may support :


### in order to establish or modify systems of transferable fishing concessions under article 27 of the [ regulation on the cfp ] , the emff may support : ### in order to establish or modify systems of transferable fishing concessions , for member states that have adopted such a system and under article 27 of the [ regulation on the cfp ] , the emff may support :


### the design and development of technical and administrative means necessary for the creation or functioning of a transferable fishing concessions system ; ### the design and development of technical and administrative means necessary for the creation or functioning of regulatory and management systems for professional fishing ;


### the design and development of technical and administrative means necessary for the creation or functioning of a transferable fishing concessions system ; ### the design and development of technical and administrative means necessary for the creation or functioning of innovative systems which give preferential access to operators who act in a more sustainable way ;


### stakeholder participation in designing and developing transferable fishing concessions systems ; ### stakeholder participation in designing and developing regulatory and management systems for professional fishing ;


### the monitoring and evaluation of transferable fishing concessions systems ; ### the monitoring and evaluation of regulatory and management systems for professional fishing ;


### the management of transferable concessions systems . ### the management of regulatory and management systems for professional fishing .


### support under paragraph 1 , and shall only be granted to public authorities . support under paragraph 1 of this article shall be granted to public authorities legal or natural persons or recognized producer organizations involved in collective management of pooled transferable fishing concessions in accordance with article 28 of the regulation on common fisheries . ### support under paragraph 1 of this article shall be granted to public authorities , legal or natural persons or recognized professional organizations involved in collective management of pooled fisheries resources in accordance with article 28 of the regulation on common fisheries .


### support to the implementation of conservation measures under the cfp ### support to the implementation of conservation measures under the cfp , natura 2000 and the marine strategy framework


### in order to ensure efficient implementation of conservation measures under articles 17 and 21 of the [ regulation on common fisheries policy ] the emff may support : ### in order to ensure efficient implementation of the cfp ' s priorities on regionalisation and conservation measures under articles 17 and 21 of the [ regulation on common fisheries policy ] the emff may support :


### in order to ensure efficient implementation of conservation measures under articles 17 and 21 of the [ regulation on common fisheries policy ] the emff may support : ### in order to ensure efficient drafting and implementation of conservation measures under articles 17 and 21 of the [ regulation on common fisheries policy ] the emff may support :


### in order to ensure efficient implementation of conservation measures under articles 17 and 21 of the [ regulation on common fisheries policy ] the emff may support : ### in order to ensure efficient implementation of conservation measures under articles 17 and 21 of the [ regulation on common fisheries policy ] the emff shall support :


### the design and development of technical and administrative means necessary for the implementation of conservation measures in the meaning of articles 17 and 21 of the [ regulation on common fisheries policy ] ; ### the design , development and monitoring of technical and administrative means necessary for the implementation of conservation measures in the meaning of articles 17 and 21 of the [ regulation on common fisheries policy ] or in accordance with the provisions of european union law ;


### in order to reduce the impact of fishing on the marine environment , foster the elimination of discards and facilitate the transition to exploitation of living marine biological resources that restores and maintains populations of harvested species above levels which can produce the msy , the emff may support investments in equipment : ### in order to reduce the impact of fishing on the marine environment , foster the gradual reduction of by - catches towards a minimum threshold of discards , or even the elimination of discards where this is technically possible , and facilitate the transition to exploitation of living marine biological resources that restores and maintains populations of harvested species at levels which can produce the msy , the emff may support investments in equipment :