### the financial crisis has shown that irresponsible behaviour by market participants can undermine the foundations of the financial system , leading to a lack of confidence among all parties , in particular consumers , and potentially severe social and economic consequences . many consumers have lost confidence in the financial sector and borrowers have found their loans increasingly unaffordable , with defaults and forced sales rising . in view of the problems brought to light in the financial crisis and in the context of efforts to ensure an efficient and competitive internal market , the commission has proposed measures with regard to credit agreements relating to residential immovable property , including a reliable framework on credit intermediation , in the context of delivering responsible and reliable markets for the future and restoring consumer confidence . ### the financial crisis has shown that irresponsible behaviour by market participants can undermine the foundations of the financial system , leading to a lack of confidence among all parties , in particular consumers , and potentially severe social and economic consequences . many consumers have lost confidence in the financial sector and borrowers have found their loans increasingly unaffordable , with defaults and forced sales rising . in view of the problems brought to light in the financial crisis and in the context of efforts to ensure an efficient and competitive internal market that ensures financial stability and consumer protection , the commission has proposed measures with regard to credit agreements relating to residential immovable property , including a reliable framework on credit intermediation , in the context of delivering responsible and reliable markets for the future and restoring consumer confidence .


### credit agreements which are secured either by a mortgage or by another comparable security commonly used in a member state on residential immovable property or secured by a right related to residential immovable property . ### credit agreements the purpose of which is to acquire or retain rights in land or residential immovable property and which are secured either by a mortgage or by another comparable security commonly used in a member state on residential immovable property or secured by a right related to residential immovable property .


### ‘ ancillary service’ means a financial service offered to the consumer by the creditor or credit intermediary in conjunction with the credit agreement . ### ‘ ancillary service’ means a financial service , required by the creditor - de jure or de facto - , or by law and offered to the consumer by the creditor , a credit intermediary or a third party in conjunction with the credit agreement .


### member states shall require that , when granting , intermediating or advising on credit and , where appropriate , ancillary services to consumers , the creditor or the credit intermediary acts honestly , fairly and professionally in accordance with the best interests of the consumer . ### member states shall require that , when granting , intermediating or advising on credit and , where appropriate , ancillary services to consumers , the creditor or the credit intermediary acts honestly , fairly and professionally in accordance with the best interests of the consumer . member states shall ensure that in case of non compliance with requirements referred to in subparagraph 1 , provisions are set to allow for compulsory adjustment of the credit agreement in the interest of the affected consumer and at no charge for him or , at the choice of consumer , the ability to withdraw from the agreement in a way that leaves no damages to him .


### member states shall ensure that the manner in which creditors remunerate their staff and the relevant credit intermediaries and the manner in which credit intermediaries remunerate their staff do not impede compliance with the obligation to act in accordance with the best interests of the consumer , as referred to in paragraph 1 . ### member states shall ensure that the manner in which creditors remunerate their staff and the relevant credit intermediaries and the manner in which credit intermediaries remunerate their staff do not impede compliance with the obligation to act in accordance with the best interests of the consumer , as referred to in paragraph 1 . remuneration shall be product neutral . in particular , no staff or credit intermediary shall , under any circumstances , be paid a fee or a commission dependent on the rate or the type of credit product signed with the consumer . in case of adjustment of credit agreements no remuneration for new agreements shall be foreseen unless the adjustment of the existing agreement is proven to have not solved the problem . all inducements in kind to credit intermediaries shall be banned . remuneration shall take into account the rate of defaults .


### the natural persons within the management of creditors and credit intermediaries who are responsible for or have a role in the intermediation , advice or approval of the credit agreement , possess appropriate knowledge and competence in relation to credit agreements . ### the natural persons within the management of creditors and credit intermediaries who are responsible for or have a role in the intermediation or advice regarding credit agreements , possess appropriate knowledge and experience in relation to credit agreements . the management of credit intermediaries shall ensure that staff has an appropriate level of knowledge and competence for their tasks .


### creditors and credit intermediaries are monitored in order to assess whether the requirements referred to in paragraph 1 , points and , are complied with on a continuing basis . ### creditors and credit intermediaries are supervised by the competent authority in order to assess whether the requirements referred to in paragraph 1 , points and , are complied with on a continuing basis .


### member states shall ensure that general information about credit agreements is made available by creditors or , where applicable , credit intermediaries at all times in a durable medium or in electronic form . ### member states shall ensure that accessible and comprehensible general information about credit agreements is made available by creditors or , where applicable , credit intermediaries at all times in a durable medium or in electronic form .


### whether there is a possibility of early repayment and , where applicable , a description of the conditions attached to early repayment ; ### a description of the conditions attached to early repayment ;


### any additional information which the creditor or where applicable , the credit intermediary , may provide to the consumer shall be given in a separate document which may be annexed to the esis . ### any additional information which the creditor or where applicable , the credit intermediary , may provide to the consumer shall be given in a separate document which may be annexed to the esis . in member states that impose strict matching rules between the mortgage loans and the mortgage bonds of mortgage credit institutions , the indication of the interest rate in the esis may be subject to changing market conditions .


### member states shall ensure that the creditor or credit intermediary , upon request of the consumer , provides the consumer with a copy of the draft credit agreement free of charge . this provision shall not apply in cases where the creditor is unwilling , at the time of the request , to proceed to the conclusion of the credit agreement with the consumer . ### member states shall ensure that the creditor or credit intermediary provides the consumer with a copy of the draft credit agreement free of charge .


### prior to the performance of any of the services listed in article 3 , a credit intermediary shall provide the consumer with at least the following information : ### prior to the performance of any of the services listed in article 3 , a credit intermediary shall provide the consumer with at least the following information , free of charge :


### for those credit intermediaries that are not tied , the existence of commissions , where applicable , payable by the creditor to the credit intermediary for his services . ### the existence of commissions or any other type of gratifications , including in kind , where applicable , payable by the creditor or any other third party to the credit intermediary for his services .


### further to assessing a consumer ' s creditworthiness , member states shall ensure that creditors and credit intermediaries obtain the necessary information regarding the consumer ' s personal and financial situation , his preferences and objectives and consider a sufficiently large number of credit agreements from their product range in order to identify products that are not unsuitable for the consumer given his needs , financial situation and personal circumstances . such considerations shall be based on information that is up to date at that moment in time and on reasonable assumptions as to the consumer ' s situation over the term of the proposed credit agreement . ### further to assessing a consumer ' s creditworthiness , member states shall ensure that creditors and credit intermediaries obtain the necessary information regarding the consumer ' s personal and financial situation , his preferences and objectives and consider a sufficiently large number of credit agreements from their product range in order to identify products that are in the consumer ' s best interests given his needs , financial situation and personal circumstances . such considerations shall be based on information that is up to date at that moment in time and on reasonable assumptions as to the consumer ' s situation over the term of the proposed credit agreement . member states shall further ensure that any information request is restricted to the needs of creditworthiness assessment and that the data gathered in this context is not used for other purposes . consumer shall have full access to any data related to his personal situation and will have the possibility to correct them where needed .


### member states shall ensure that consumers provide creditors and , where applicable , credit intermediaries with complete and correct information on their financial situation and personal circumstances in the context of the credit application process . that information should be supported , when necessary , by documentary evidence from independently verifiable sources . ### member states shall ensure that creditors and , where applicable , credit intermediaries request from consumers all necessary information on their financial situation and personal circumstances in the context of the credit application process . that information should be supported , when necessary , by documentary evidence from independently verifiable sources .


### for the purposes of this directive , ' advice ' constitutes a separate service from the granting of a credit . such a service can only be marketed as advice when the remuneration of the individual providing the service is transparent to the consumer . ### for the purposes of this directive , ' independent home loan advice ' constitutes a separate service from the granting of a credit . such a service can only be marketed as independent home loan advice when the remuneration of the individual providing the service is transparent to the consumer and if there are no conflicts of interest with the consumer . home loans advisers can only describe themselves as independent if they consider the whole of the market .


### member states shall ensure that the consumer has a statutory or contractual right to discharge his obligations under a credit agreement prior to the expiry of that agreement . in such cases , he shall be entitled to a reduction in the total cost of the credit , such a reduction consisting of the interest and the costs for the remaining duration of the contract . ### member states shall ensure that the consumer has a statutory or contractual right to discharge fully or partially his obligations under a credit agreement prior to the expiry of that agreement . in such cases , he shall be entitled to a reduction in the total cost of the credit , such a reduction consisting of the interest and the costs for the remaining duration of the contract .


### credit intermediaries shall be duly authorised to carry out the activities set out in article 3 by a competent authority as defined in article 4 in their home member state . such authorisation shall be granted on the basis of requirements established in the home member state of the credit intermediary and shall include the fulfilment of the professional requirements laid down in article 20 . ### credit intermediaries shall be duly authorised or registered with a competent authority as defined in article 4 in their home member state to carry out the activities set out in article 3 . such authorisation or registration shall be granted on the basis of requirements established in the home member state of the credit intermediary and shall include the fulfilment of the requirements laid down in articles 6 and 21 . what is later on provided for regarding authorisation , applies to registration .


### an assessment of consumer satisfaction with the esis ; ### an assessment of compliance with the esis and consumer use , understanding and satisfaction thereof ;


### for credit agreements for which a fixed borrowing rate is agreed in relation to the initial period , at the end of which a new borrowing rate is determined and subsequently periodically adjusted according to an agreed indicator , the calculation of the annual percentage rate shall be based on the assumption that , at the end of the fixed borrowing rate period , the borrowing rate is the same as at the time of calculating the annual percentage rate , based on the value of the agreed indicator at that time . ### for credit agreements for which a fixed borrowing rate is agreed in relation to the initial period , at the end of which a new borrowing rate is determined and subsequently periodically adjusted according to an agreed indicator , the calculation of the annual percentage rate shall be based on the assumption that , at the end of the fixed borrowing rate period , the borrowing rate is the same as at the time of calculating the annual percentage rate , based on the value of the agreed indicator at that time . for credit agreements with a fixed borrowing rate of at least an initial period of five years and especially where a new fixed rate agreement is planned to proceed the agreement and variable conditions are only agreed on to prepare for the case that a new fixed deal has not yet been agreed on , only the initial fixed borrowing rate is to be taken into account .


### the creditor shall also list each of the costs by category , indicating their amount , to whom they are to be paid and at what moment . where the amount is not known , the creditor shall provide a possible range or an indication of how the amount will be calculated . ### the creditor shall also provide a disaggregated list of each of the costs , indicating their amount , to whom they are to be paid and at what moment . where the amount is not known , the creditor shall provide a possible range or an indication of how the amount will be calculated .


### in order to ensure legal certainty and clarity , it is necessary to clarify that not only in the case of similarity but also in case of an identical sign being used for identical goods or services , protection should be granted to a european trade mark only if and to the extent that the main function of the european trade mark , which is to guarantee the commercial origin of the goods or services , is adversely affected . ### in order to ensure legal certainty and clarity , it is necessary to clarify that not only in the case of similarity but also in case of an identical sign being used for identical goods or services , protection should be granted to a european trade mark only if and to the extent that the main function of the european trade mark is adversely affected .


### the sign is identical with the european trade mark and is used in relation to goods or services which are identical with those for which the european trade mark is registered , and where such use affects or is liable to affect the function of the european trade mark to guarantee to consumers the origin of the goods or services ; ### the sign is identical with the european trade mark and is used in relation to goods or services which are identical with those for which the european trade mark is registered , and where such use affects or is liable to affect the function of the european trade mark to guarantee to consumers the origin of the goods or services by enabling him or her to distinguish without any possibility of confusion between that product and products which have another origin ;


### draft legislative resolution ### recalls its resolution of 8 june 2011 on investing in the future : a new multiannual financial framework for a competitive , sustainable and inclusive europe1 ; reiterates that sufficient additional resources are needed in the next mff in order to enable the union to fulfil its existing policy priorities and the new tasks provided for in the treaty of lisbon , as well as to respond to unforeseen events ; challenges the council , if it does not share this approach , to clearly identify which of its political priorities or projects could be dropped altogether , despite their proven european added value ; points out that even with an increase in the level of resources for the next mff of at least 5% compared to the 2013 level only a limited contribution can be made to the achievement of the union’s agreed objectives and commitments and the principle of union solidarity ; _______________ 1 texts adopted , p7_ta0266 .


### the financial envelope for the implementation of the programme shall be eur 439 million . ### within the meaning of point [ 17 ] of the interinstitutional agreement of . . . / . . . . between the european parliament , the council and the commission on cooperation in budgetary matters and on sound financial management , the financial envelope for the implementation of the programme for the period from 2014 to 2020 , representing the prime reference for the budgetary authority during the annual budgetary procedure , shall be eur 439 million .


### the budgetary authority shall authorise the available annual appropriations within the limits of the multiannual financial framework established by council regulation no xx / xx of xx laying down the multiannual financial framework for the years 2014 - 2020 . ### the budgetary authority shall authorise the available annual appropriations without prejudice to the provisions of the regulation laying down the multiannual financial framework for the years 2014 - 2020 and the interinstitutional agreement of xxx / 201z between the european parliament , the council and the commission on cooperation in budgetary matters and sound financial management .


### support for measures necessary to start the rehabilitation and reconstruction of key infrastructure , housing , public buildings and economic assets , as well as essential productive capacity , as well as other measures for the re - starting of economic activity and the generation of employment and the establishment of the minimum conditions necessary for sustainable social development ; ### support for measures necessary to start the rehabilitation and reconstruction of key infrastructure , housing , public buildings and economic assets , as well as essential productive capacity , as well as other measures for the re - starting of economic activity and the generation and maintenance of employment and the establishment of the minimum conditions necessary for sustainable social development ;


### support for socio - economic measures to promote equitable access to and transparent management of natural resources in a situation of crisis or emerging crisis ; ### support for socio - economic measures to promote equitable access to and sustainable and transparent management of natural resources in a situation of crisis or emerging crisis ;


### strengthening the capacity of law enforcement and judicial and civil authorities involved in the fight against terrorism , organised crime and all forms of illicit trafficking and in the effective control of illegal trade and transit . ### strengthening the capacity of law enforcement and judicial and civil authorities involved in the fight against terrorism , organised crime and all forms of illicit trafficking , including human trafficking , and in the effective control of illegal trade and transit .


### in addition to its core mission of financing investment in the union , the european investment bank undertakes financing operations outside the union in support of the union ' s external policies . this allows the budget funds of the union available to the external regions to be complemented by the financial strength of the eib for the benefit of the targeted third countries . in undertaking such financing operations , the eib contributes to the general principles and policy objectives of the union . ### in addition to its core mission of financing investment in the union , which remains its priority and main objective , the european investment bank undertakes financing operations outside the union in support of the union ' s external policies . this allows the budget funds of the union available to the external regions to be complemented by the financial strength of the eib for the benefit of the targeted third countries . in undertaking such financing operations , the eib contributes to the general principles and policy objectives of the union .


### the eib should continue to finance investment projects in the areas of social , environmental and economic infrastructure , and should consider increasing its activity in support of health and education infrastructure when there is clear added value in doing so . ### the eib should continue to finance investment projects in the areas of social , environmental and economic infrastructure , and should progressively increase its activity in support of health and education infrastructure in line with the objectives of the union’s development policy and the millennium development goals .


### while the eib’s strength remains its distinctiveness as an investment bank , eib financing operations should contribute to the general principles guiding union external action , as referred to in article 21 of the treaty on european union , of promoting and consolidating democracy and the rule of law , human rights and fundamental freedoms , and to the implementation of international environmental agreements to which the union is a party . in particular , in relation to developing countries , eib financing operations should foster their sustainable economic , social and environmental development , particularly in the most disadvantaged amongst them , their smooth and gradual integration into the world economy , the campaign against poverty , as well as compliance with objectives approved by the union in the context of the united nations and other competent international organisations . while contributing to the implementation of the measures necessary to further the objectives of union development cooperation policy in accordance with article 209 of the treaty , the eib should strive to support indirectly the achievement of the un’s 2015 millennium development goals in all regions where it is active . ### while the eib’s strength remains its distinctive model as a publicly owned international financial institution whose remit is that of providing long - term lending so as to meet the policy goals set by its shareholders , eib financing operations should contribute to the general principles guiding union external action , as referred to in article 21 of the treaty on european union , of promoting and consolidating democracy and the rule of law , human rights and fundamental freedoms , and to the implementation of international environmental agreements to which the union is a party . furthermore , eib actions should be in accordance with article 3 of the eu treaty , which , as confirmed by the ecj on 21 december 2011 in its ataa judgement , requires the union to contribute to the strict observance of international law , and in particular the principles of the un charter . in relation to developing countries , eib financing operations should foster their sustainable economic , social and environmental development , particularly in the most disadvantaged amongst them , their smooth and gradual integration into the world economy , the campaign against poverty , as well as compliance with objectives approved by the union in the context of the united nations and other competent international organisations . while contributing to the implementation of the measures necessary to further the objectives of union development cooperation policy in accordance with article 209 of the treaty , the eib should strive to support the achievement of the un’s 2015 millennium development goals in all regions where it is active .


### the eib financing operations in support of union external policies should continue to be conducted in accordance with the principles of sound banking practice . they should continue to be managed in accordance with the eib’s own rules and procedures , including appropriate control measures and compliance with the eib ' s statement on social and environmental standards , as well as with the relevant rules and procedures concerning the court of auditors and the european anti - fraud office . in its financing operations the eib should adequately implement its policies towards weakly regulated or non - cooperative jurisdictions in order to contribute to the international fight against tax fraud , tax evasion and money - laundering . ### the eib financing operations in support of union external policies should continue to be conducted in accordance with the principles of sound banking practice . they should continue to be managed in accordance with the eib’s own rules and procedures , including appropriate control measures and compliance with the eib ' s statement on social and environmental standards , as well as with the relevant rules and procedures concerning the court of auditors and the european anti - fraud office . in its financing operations the eib should avoid any kind of direct or indirect cooperation with weakly regulated or non - cooperative jurisdictions in order to contribute to the international fight against tax fraud , tax evasion and money - laundering and should follow the european commission’s most recent criteria to identify jurisdictions which do not meet minimum standards of good governance in tax matters .


### in addition to the ex - ante assessment of development - related aspects , the eib shall monitor the implementation of financing operations . in particular , it shall require the project promoters to carry out thorough monitoring during project implementation until completion , inter alia , on the development , environmental and human rights impact of the investment project . the eib shall verify the information provided by the project promoters . ### in addition to the ex - ante assessment of development - related aspects , the eib shall monitor the implementation of financing operations . in particular , it shall require the project promoters to carry out thorough monitoring during project implementation until completion , inter alia , on the development , environmental , social and human rights impact of the investment project . the eib shall verify the information provided by the project promoters .


### the eib monitoring shall also cover the implementation of intermediated operations and the performance of financial intermediaries in support of smes . ### the eib monitoring shall also cover the implementation of intermediated operations and the performance of financial intermediaries in support of smes , including ex - ante and ex - post assessment relating to the projects undertaken .


### in its financing operations , the eib shall not tolerate any activities carried out for illegal purposes , including money laundering , financing of terrorism , tax fraud and tax evasion , corruption , and fraud affecting the financial interests of the eu . in particular the eib shall not participate in any financing operation implemented in an eligible country through a foreign non - cooperative jurisdiction identified as such by the oecd , the financial action task force or other relevant international organisations . ### in its financing operations , the eib shall not tolerate any activities carried out for illegal purposes , including money laundering , financing of terrorism , tax fraud and tax evasion , corruption , and fraud affecting the financial interests of the eu . in particular the eib shall not participate in any financing operation implemented in an eligible country through a foreign non cooperative jurisdiction identified as such using the european commission’s criteria on identifying non - cooperative jurisdictions , as well as by the oecd , the financial action task force or other relevant international organisations .


### in 2000 , the international community undertook to take concrete steps by 2015 to fight poverty , with the adoption of the millennium development goals , objectives which were accepted by the union and its member states . ### in 2000 , the international community undertook to take concrete steps by 2015 to fight poverty , with the adoption of the millennium development goals , objectives which were accepted by the union and its member states . the promotion of gender equality and the empowerment of women are seen as effective ways to combat poverty , hunger and disease and to encourage a sustainable development .


### continued support for development cooperation is vital in a rapidly changing world . around 1 . 3 billion people still live in extreme income poverty and the human development needs of many more are still not being met . inequalities within countries have increased in most parts of the world . the natural environment is under increasing pressure and the developing countries are hit particularly hard by the effects of climate change . these challenges are universal and inter - related and need to be addressed by all countries acting together . ### continued support for development cooperation is vital in a rapidly changing world . around 1 . 3 billion people still live in extreme income poverty and the human development needs of many more are still not being met . it should be seriously taken into consideration in the eu development assistance programmes that women and girls are most vulnerable to poverty , hunger , illiteracy , illness and all kinds of exploitation . inequalities within countries have increased in most parts of the world . the natural environment is under increasing pressure and the developing countries are hit particularly hard by the effects of climate change . these challenges are universal and inter - related and need to be addressed by all countries acting together .


### under article 11 of the treaty on the functioning of the european union , environmental protection requirements must be integrated into the definition and implementation of the union policies and activities , in particular with a view to promoting sustainable development . this directive clarifies how the contracting authorities may contribute to the protection of the environment and the promotion of sustainable development , whilst ensuring that they can obtain the best value for money for their contracts . ### under articles 9 , 10 and 11 of the treaty on the functioning of the european union , environmental protection requirements , with the promotion of a high level of employment , the guarantee of suitable social protection , the fight against social exclusion and a high level of education , training and the protection of human health protection must be integrated into the definition and implementation of the union policies and activities , with a view to promoting socially and environmentally sustainable development . this directive clarifies how the contracting authorities may use their discretionary power in the definition and awarding of public contracts , in order to contribute to the protection of the environment , social welfare and the promotion of sustainable development , whilst ensuring that they can obtain the best value for money for their contracts .


### in view of the detrimental effects on competition , negotiated procedures without prior publication of a contract notice should only be used in very exceptional circumstances . this exception should be limited to cases where publication is either not possible , for reasons of force majeure in line with the standing case - law of the court of justice of the european union , or where it is clear from the outset that publication would not trigger more competition , not least because there is objectively only one economic operator that can perform the contract . only situations of objective exclusivity can justify the use of the negotiated procedure without publication , where the situation of exclusivity has not been created by the contracting authority itself with a view to the future procurement procedure , and where there are no adequate substitutes , the availability of which should be assessed thoroughly . ### in view of the detrimental effects on competition , negotiated procedures without prior publication of a contract notice should only be used in very exceptional circumstances . this exception should be limited to cases where publication is either not possible , for reasons of force majeure in line with the standing case - law of the court of justice of the european union , or where it is clear from the outset that publication would not trigger more competition , not least because there is objectively only one economic operator that can perform the contract . only situations of objective exclusivity can justify the use of the negotiated procedure without publication , where the situation of exclusivity has not been created by the contracting authority itself with a view to the future procurement procedure , and where there are no adequate substitutes , the availability of which should be assessed thoroughly . if , in the cases defined in this directive , the contracting authorities opt for a negotiated procedure without prior publication , they should send a report to the oversight body justifying the reason for this choice . the oversight body should also be competent to analyse and assess such reports .


### tenders that appear abnormally low in relation to the works , supplies or services might be based on technically , economically or legally unsound assumptions or practices . in order to prevent possible disadvantages during contract performance , contracting authorities should be obliged to ask for an explanation of the price charged where a tender significantly undercuts the prices demanded by other tenderers . where the tenderer cannot provide a sufficient explanation , the contracting authority should be entitled to reject the tender . rejection should be mandatory in cases where the contracting authority has established that the abnormally low price charged results from non - compliance with mandatory union legislation in the fields of social , labour or environmental law or international labour law provisions . ### tenders that appear abnormally low in relation to the works , supplies or services might be based on technically , economically or legally unsound assumptions or practices or on illegal conduct or a failure to adhere to obligations concerning workers or environmental protection measures . contracting authorities should be obliged to ask for an explanation of the price charged where a tender significantly undercuts the prices demanded by other tenderers or in the event that an offer appears unusually low for other reasons . where the tenderer cannot provide a sufficient explanation , the contracting authority should reject the tender . furthermore , rejection should also be mandatory in cases where the contracting authority has established that the abnormally low price charged results from non - compliance with obligations arising from international law , union or national legislation and / or collective agreements which apply where the work , service or supplies are provided , in the fields of social security , working conditions and environmental protection .


### where no tenders or no suitable tenders or no requests to participate have been submitted in response to an open procedure or a restricted procedure , provided that the initial conditions of the contract are not substantially altered and that a report is sent to the commission or the national oversight body designated according to article 84 where they so request . ### where no tenders or no suitable tenders or no requests to participate have been submitted in response to an open procedure or a restricted procedure , provided that the initial conditions of the contract are not altered .


### the commission shall be empowered to adopt delegated acts in accordance with article 89 to amend the list in annex xi , where necessary due to the conclusion of new international agreements or modification of existing international agreements . ### the commission shall be empowered to adopt delegated acts in accordance with article 89 to complement the list in annex xi , where necessary due to the conclusion of new international agreements or modification of existing international agreements .


### a contracting authority may exclude from participation in a public contract any economic operator if one of the following conditions is fulfilled : ### a contracting authority shall exclude from participation in a public contract any economic operator if one of the following conditions is fulfilled :


### they are not obliged to impose all the conditions listed in paragraphs 2 , 3 and 4 , but they shall not provide requirements other than those listed . ### they are not obliged to impose all the conditions listed in paragraphs 2 , 3 and 4 and they may provide requirements other than those listed .


### with regard to technical and professional ability , contracting authorities may require that economic operators possess the necessary human and technical resources and experience to perform the contract to an appropriate quality standard . contracting authorities may conclude that economic operators will not perform the contract to an appropriate quality standard where the contracting authority established that they have conflicting interests which may negatively affect the performance of the contract . ### with regard to technical and professional ability , contracting authorities shall require that economic operators possess or have made provisions to access or acquire the necessary human and technical resources and experience to ensure the performance of the contract to an appropriate quality standard and , where so requested by the contracting authority , in accordance with any contract performance clause specified in accordance with article 70 . contracting authorities may conclude that economic operators will not ensure the required performance where the contracting authority established that they have conflicting interests which may negatively affect the performance of the contract .


### the most economically advantageous tender referred to in point of paragraph 1 from the point of view of the contracting authority shall be identified on the basis of criteria linked to the subject - matter of the public contract in question . those criteria shall include , in addition to the price or costs referred to in point of paragraph 1 , other criteria linked to the subject - matter of the public contract in question , such as : ### the contracting authority shall assess the most economically advantageous tender referred to in paragraph 1 , on the basis of criteria linked to the subject - matter of the public contract in question . in addition to the price and costs , assessed solely on the basis of a cost - effectiveness approach , as in the determination of the life - cycle costs in compliance with the stipulations of article 67 , the following examples shall feature among the criteria :


### for service contracts and contracts involving the design of works , the organisation , qualification and experience of the staff assigned to performing the contract in question may be taken into consideration , with the consequence that , following the award of the contract , such staff may only be replaced with the consent of the contracting authority , which must verify that replacements ensure equivalent organisation and quality ; ### for service contracts and contracts involving the design of works , the organisation , qualification and experience of the staff assigned to performing the contract in question shall be taken into consideration , with the consequence that , following the award of the contract , such staff may only be replaced with the consent of the contracting authority , which must verify that replacements ensure equivalent organisation and quality ;


### in the case referred to in point of paragraph 1 the contracting authority shall specify , in the contract notice , in the invitation to confirm interest , in the procurement documents or , in the case of a competitive dialogue , in the descriptive document , the relative weighting which it gives to each of the criteria chosen to determine the most economically advantageous tender . ### the contracting authority shall specify , in the contract notice , in the invitation to confirm interest , in the procurement documents or , in the case of a competitive dialogue , in the descriptive document , the relative weighting which it gives to each of the criteria chosen to determine the most economically advantageous tender .


### whenever a common methodology for the calculation of life - cycle costs is adopted as part of a legislative act of the union , including by delegated acts pursuant to sector specific legislation , it shall be applied where life - cycle costing is included in the award criteria referred to in article 66 . ### whenever a common methodology for the calculation of life - cycle costs is adopted as part of a legislative act of the union , including by delegated acts pursuant to sector specific legislation , it shall be applied in accordance with the award criterion referred to in article 66 .


### contracting authorities shall require economic operators to explain the price or costs charged , where all of the following conditions are fulfilled : ### contracting authorities shall require economic operators to explain the price or costs charged , where the price or costs charged are more than 25&#160 ; % lower than the average price or average costs of the remaining tenders .


### where tenders appear to be abnormally low for other reasons , contracting authorities may also request such explanations . ### where tenders appear to be abnormally low for other reasons , contracting authorities shall also request such explanations .


### the explanations referred to in paragraphs 1 and 2 may in particular relate to : ### the explanations referred to in paragraphs 1 and 2 relate in particular to :


### 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 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 , as well as consumer protection and social inclusion .


### establishing and applying comprehensive , actionable ‘ red flag’ indicator systems to prevent , detect and adequately report instances of procurement fraud , corruption , conflict of interest and other serious irregularities ; ### establishing and applying comprehensive , actionable ‘ red flag’ indicator and monitoring systems to prevent , detect and adequately report instances of procurement fraud , corruption , conflict of interest and other serious irregularities as well as specific breaches of provisions contained in articles 54 , 55 and 71 ;


### member states shall empower the oversight body to seize the jurisdiction competent according to national law for the review of contracting authorities ' decisions where it has detected a violation in the course of its monitoring and legal advising activity . ### member states shall empower the oversight body to seize the jurisdiction competent according to national law for the review of contracting authorities’ decisions where it has detected a violation in the course of its monitoring and legal advising activity or when examining reports provided by the contracting authorities on the basis of article 30 .


### protection and promotion of cultural heritage and landscapes , which are an integral part of the cultural diversity that the union is committed to respect and promote in accordance with article 167 of the treaty on the functioning of the european union , can usefully build on definitions and principles developed in relevant council of europe conventions , in particular the convention for the protection of the architectural heritage of europe , the european landscape convention and the framework convention on the value of cultural heritage for society . ### protection and promotion of cultural heritage and landscapes , which are an integral part of the cultural diversity that the union is committed to respect and promote in accordance with article 167 of the treaty on the functioning of the european union , can usefully build on definitions and principles developed in relevant council of europe conventions , in particular the convention for the protection of the architectural heritage of europe , the european landscape convention , the framework convention on the value of cultural heritage for society and the international recommendation concerning the safeguarding and contemporary role of historic areas adopted in nairobi in 1976 by unesco .


### when applying directive 2011 / 92 / eu , it is necessary to ensure a competitive business environment , especially for small and medium enterprises , in order to generate smart , sustainable and inclusive growth , in line with the objectives set out in the commission ' s communication entitled ‘ europe 2020 – a strategy for smart , sustainable and inclusive growth’ . ### when applying directive 2011 / 92 / eu , it is necessary to ensure smart , sustainable and inclusive growth , in line with the objectives set out in the commission ' s communication entitled ‘ europe 2020 – a strategy for smart , sustainable and inclusive growth’ .


### experience has shown that in cases of civil emergency compliance with the provisions of directive 2011 / 92 / eu may have adverse effects , and provision should therefore be made to authorise member states not to apply that directive in appropriate cases . ### experience has shown that , as regards the response given to cases of civil emergency , compliance with the provisions of directive 2011 / 92 / eu may have adverse effects , and provision should therefore be made , in specific cases , to authorise member states not to apply that directive to projects the sole aim of which is to respond to such emergencies , in order to protect human life and the environment from damage caused by natural or man - made disasters .


### the competent authorities should be required to determine the scope and level of detail of the environmental information to be submitted in the form of an environmental report . in order to improve the quality of the assessment and streamline the decision - making process , it is important to specify at union level the categories of information on which the competent authorities should make that determination . ### the competent authorities should be required to determine the scope and level of detail of the environmental information to be submitted in the form of an environmental report . in order to improve the quality of the assessment , the simplification of the procedures and streamline the decision - making process , it is important to specify at union level the categories of information on which the competent authorities should make that determination .


### measures should be taken to ensure that the data and information included in the environmental reports , in accordance with annex iv of directive 2011 / 92 / eu are complete and of sufficiently high quality . with a view to avoiding duplication of the assessment , member states should take account of the fact that environmental assessments may be carried out at different levels or by different instruments . ### measures should be taken to ensure that the data and information included in the environmental reports , in accordance with annex iv of directive 2011 / 92 / eu are complete and of sufficiently high quality .


### it is appropriate to establish common minimum requirements for the monitoring of the significant adverse effects of the construction and operation of projects to ensure a common approach in all member states and to ensure that , after the implementation of mitigation and compensation measures , no impacts exceed those initially predicted . such monitoring should not duplicate or add to monitoring required pursuant to other union legislation . ### it is appropriate to establish common minimum requirements for the monitoring of the significant adverse effects of the implementation and management of projects to ensure a common approach in all member states and to ensure that , after the implementation of mitigation and compensation measures , no impacts exceed those initially predicted . such monitoring should not duplicate or add to monitoring required pursuant to other union legislation . where the outcome of the monitoring indicates the presence of unforeseen adverse effects , provision should be made for appropriate corrective action to remedy the problem , in the form of additional mitigation and / or compensation measures .


### time - frames for the various steps of the environmental assessment of projects should be introduced , in order to stimulate more efficient decision - making and increase legal certainty , also taking into account the nature , complexity , location and size of the proposed project . such time - frames should under no circumstances compromise the high standards for the protection of the environment , particularly those resulting from other union environmental legislation , and effective public participation and access to justice . ### time - frames for the various steps of the environmental assessment of projects should be introduced , in order to stimulate more efficient decision - making and increase legal certainty , also taking into account the nature , complexity , location and size of the proposed project . such time - frames should under no circumstances compromise the high standards for the protection of the environment , particularly those resulting from other union environmental legislation , and effective public participation and access to justice , and any extensions should be granted only in exceptional cases .


### in order to adjust the selection criteria and the information to be provided in the environmental report to the latest developments in technology and relevant practices , 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 annexes ii . a , iii and iv of directive 2011 / 92 / eu . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . ### in order to adjust the selection criteria and the information to be provided in the environmental report to the latest developments in technology and relevant practices , 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 annexes ii . a , iii and iv of directive 2011 / 92 / eu . 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 the simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council .


### ' environmental impact assessment ' shall mean the process of preparing an environmental report , carrying out consultations , the assessment by the competent authority , taking into account the environmental report and the results of the consultations in the development consent procedure as well as the provision of information on the decision in accordance with articles 5 to 10 . ### ' environmental impact assessment ' shall mean the process of preparing an environmental report including the consideration of reasonable alternatives , carrying out consultations , the assessment by the competent authority , taking into account the environmental report and the results of the consultations in the development consent procedure , laying down measures to monitor significant adverse environmental effects and mitigation and compensation measures as well as the provision of information on the decision in accordance with articles 5 to 10 .


### ' environmental impact assessment ' shall mean the process of preparing an environmental report , carrying out consultations , the assessment by the competent authority , taking into account the environmental report and the results of the consultations in the development consent procedure as well as the provision of information on the decision in accordance with articles 5 to 10 . ' ### ' environmental impact assessment ' shall mean the process of preparing an environmental report by the developer , carrying out the consultations referred to in article 6 , the assessment by the competent authority and / or by the authorities referred to in article 6 , taking into account the environmental report and the results of the consultations in the development consent procedure as well as the provision of information on the decision in accordance with articles 5 to 10 .


### member states may decide , on a case - by - case basis and if so provided under national law , not to apply this directive to projects having as their sole purpose national defence or the response to civil emergencies , if they deem that such application would have an adverse effect on those purposes . ' ### member states may decide , on a case - by - case basis and if so provided under national law , not to apply this directive to projects having as their sole purpose national defence or the response to civil emergencies , if they deem that such application would have an adverse effect on those purposes and providing that there is no serious risk to human health . '


### projects for which the obligation to carry out assessments of the effects on the environment arises simultaneously from this directive and other union legislation shall be subject to coordinated or joint procedures fulfilling the requirements of the relevant union legislation . ### projects , including those with transboundary effect , for which the obligation to carry out assessments of the effects on the environment arises simultaneously from this directive and other union legislation shall be subject to coordinated or joint procedures fulfilling all the requirements of the relevant union legislation .


### the environmental impact assessment shall identify , describe and assess in an appropriate manner , in the light of each individual case and in accordance with articles 4 to 11 , the direct and indirect significant effects of a project on the following factors : ### the environmental impact assessment shall identify , describe in detail and assess in an appropriate manner , in the light of each individual case and in accordance with articles 4 to 11 , the direct and indirect significant effects of a project , considered in its entirety , on the following factors :


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


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


### the competent authority shall make its decision pursuant to paragraph 2 , on the basis of the information provided by the developer and taking into account , where relevant , the results of studies , preliminary verifications or assessments of the effects on the environment arising from other union legislation . the decision pursuant to paragraph 2 shall : ### the competent authority shall make its decision pursuant to paragraph 2 , after having consulted the public concerned on the basis of an assessment of the information provided by the developer and taking into account , where relevant , the results of studies , preliminary verifications or assessments of the effects on the environment arising from other union legislation . the decision pursuant to paragraph 2 shall :


### the competent authority shall make its decision pursuant to paragraph 2 , on the basis of the information provided by the developer and taking into account , where relevant , the results of studies , preliminary verifications or assessments of the effects on the environment arising from other union legislation . the decision pursuant to paragraph 2 shall : ### the competent authority shall make its decision pursuant to paragraph 2 , on the basis of the information provided by the developer , taking into account any comments made by the public and the local authorities concerned and , where relevant , the results of studies , preliminary verifications or assessments of the effects on the environment arising from other union legislation , and any complaints submitted by members of the public affected or the local authorities concerned . the decision pursuant to paragraph 2 shall :


### pollution and nuisances ; ### pollution , including noise pollution , and its potential health impacts , and / or nuisances ;


### densely populated areas ; ### densely populated areas close to sensitive zones ;


### a description of the physical characteristics of the whole project , including , where relevant , its subsurface , and the water use and land - use requirements during the construction and operational phases ; ### a description of the physical characteristics of the whole project , including , where relevant , its subsurface , and the water use and land - use requirements during the construction , operational and demolition phases ;


### a description of the physical characteristics of the whole project , including , where relevant , its subsurface , and the water use and land - use requirements during the construction and operational phases ; ### a description of the physical characteristics of the whole project , including , where relevant , its subsurface , and the water use and land - use requirements during the construction and operational phases and demolition if relevant ;


### business premises should include premises in whatever form which serve as a permanent place of business for the trader . market stalls and fair stands should be treated as business premises even though they may be used by the trader on a temporary basis . other premises which are rented for a short time only and where the trader is not established should not be regarded as business premises . similarly , all public spaces including public transport or facilities as well as private homes or workplaces should not be regarded as business premises . ### the definition of ' business premises ' means any immovable or movable retail premises , including seasonal retail premises , where the trader undertakes his activity on a permanent basis . market stalls and fair stands should not be treated as business premises even though they may be used by the trader on a temporary basis . other premises which are rented for a short time only and where the trader is not established should not be regarded as business premises . similarly , all public spaces including public transport or facilities as well as private homes or workplaces should not be regarded as business premises .


### since in the case of distance sales , the consumer is not able to see the good before concluding the contract he should have a right of withdrawal , which allows him to ascertain the nature and functioning of the goods . ### since in the case of distance sales and off premises transactions , the consumer is not able to see the good before concluding the contract he should have a right of withdrawal , which allows him to ascertain the nature and functioning of the goods .


### some traders or producers offer consumers commercial guarantees . in order to ensure that consumers are not misled , the commercial guarantees should include certain information , including their duration , territorial scope and a statement that the commercial guarantee does not affect the consumer ' s legal rights . ### some traders or producers offer consumers commercial guarantees . in order to ensure that consumers are not misled , the commercial guarantees should include certain information , including their duration , territorial scope and a statement that the commercial guarantee does not affect the consumer ' s legal rights . this information should be provided in a language which the consumer understands .


### the european commission will look into the most appropriate way to ensure that all consumers are made aware of their rights at the point of sale . ### the european commission will look into the most appropriate way to ensure that all consumers are made aware of their rights at the point of sale and in so far as possible elsewhere .


### the purpose of this directive is to contribute to the proper functioning of the internal market and achieve a high level of consumer protection by approximating certain aspects of the laws , regulations and administrative provisions of the member states concerning contracts between consumers and traders . ### the purpose of this directive is to achieve higher level of consumer protection , by strengthening the consumer ' s trust into the internal market . at the same time , the replacement of four existing directives by this single one should help clarify the rights of consumers . in addition , certain aspects of the laws , regulations and administrative provisions of the member states concerning contracts between consumers and traders shall be approximated .


### the purpose of this directive is to contribute to the proper functioning of the internal market and achieve a high level of consumer protection by approximating certain aspects of the laws , regulations and administrative provisions of the member states concerning contracts between consumers and traders . ### the purpose of this directive is to achieve a high level of consumer protection and contribute to the proper functioning of the internal market by approximating certain aspects of the laws , regulations and administrative provisions of the member states concerning contracts between consumers and traders .


### ' consumer ' means any natural person who , in contracts covered by this directive , is acting for purposes which are outside his trade , business , craft or profession ; ### ' consumer ' means any natural or legal person for whom the products or services offered on the market are intended or who uses such products or services in so far as he or she is the final recipient . ' consumer ' also means any recipient of the advertising message . member states may not maintain or introduce , in their national law , provisions diverging from those laid down in this article , including more or less stringent provisions intended to ensure a different level of consumer protection .


### ' distance contract ' means any sales or service contract where the trader , for the conclusion of the contract , makes exclusive use of one or more means of distance communication ; ### ' distance contract ' means any sales or service contract where the trader , for the conclusion or the initiation of the contract , makes exclusive use of one or more means of distance communication ;


### ' off - premises contract ' means : ### ' contract concluded away from permanent business premises ' means :


### the price inclusive of taxes , or where the nature of the product means that the price cannot reasonably be calculated in advance , the manner in which the price is calculated , as well as , where appropriate , all additional freight , delivery or postal charges or , where these charges cannot reasonably be calculated in advance , the fact that such additional charges may be payable ; ### the price inclusive of taxes , or where the nature of the good or service means that the price cannot reasonably be calculated in advance , the manner in which the price is calculated , as well as , where appropriate , all additional freight , delivery or postal charges and any other cost or , where these charges cannot reasonably be calculated in advance , the fact that such additional charges may be payable ;


### with respect to distance contracts , the information provided for in article 9 shall be given or made available to the consumer prior to the conclusion of the contract , in plain and intelligible language and be legible , in a way appropriate to the means of distance communication used . ### with respect to distance contracts , the information provided for in articles 5 , 7 and 9 shall be given or made available to the consumer prior to his contractual statement , in plain and intelligible language and in so far as this information is made available in writing , it shall be legible , in a way appropriate to the means of distance communication used and it shall be easily , directly and permanently accessible .


### with respect to distance contracts , the information provided for in article 9 shall be given or made available to the consumer prior to the conclusion of the contract , in plain and intelligible language and be legible , in a way appropriate to the means of distance communication used . ### with respect to distance contracts , the information provided for in article 9 shall be given or made available to the consumer in time for the conclusion of the contract , before the consumer is bound by the distance contract or offer . the information shall be provided in plain and intelligible language , including the language of the consumer , and be legible and clear , in a way appropriate to the means of communication used .


### if the trader makes a telephone call to the consumer with a view to concluding a distance contract , he shall disclose his identity and the commercial purpose of the call at the beginning of the conversation with the consumer . ### if , in conformity with the national law applicable , the trader makes a telephone call to the consumer with a view to concluding a distance contract by telephone , the trader shall disclose his identity and , where applicable , the identity of the person on whose behalf he makes the call , and the commercial purpose of the call at the beginning of the conversation with the consumer .


### if the contract is concluded through a medium which allows limited space or time to display the information , the trader shall provide at least the information regarding the main characteristics of the product and the total price referred to in articles 5 and on that particular medium prior to the conclusion of such a contract . the other information referred to in articles 5 and 7 shall be provided by the trader to the consumer in an appropriate way in accordance with paragraph 1 . ### if the contract is concluded through a medium which allows limited space or time to display the information , the trader shall provide the information regarding the main characteristics of the product , the final price , the duration of the contract and if the contract is open - ended , the conditions for terminanting the contract referred to in articles 5 and on that particular medium in time and prior to the conclusion of such a contract . the other information referred to in articles 5 and 7 shall be provided by the trader to the consumer in an appropriate way in accordance with paragraph 1 and the consumer shall be informed thereof on a durable medium prior to the conclusion of such a contract .


### for distance contracts concluded on the internet , the trader may , in addition to the possibilities referred to in paragraph 1 , give the option to the consumer to electronically fill in and submit the standard withdrawal form on the trader ' s website . in that case the trader shall communicate to the consumer an acknowledgement of receipt of such a withdrawal by email without delay . ### if the trader gives in case of distance contracts concluded on the internet the option to the consumer to electronically fill in and submit the standard withdrawal form on the trader ' s website , he shall communicate to the consumer an acknowledgement of receipt of such a withdrawal by email without delay .


### in respect of distance contracts , the right of withdrawal shall not apply as regards the following : ### in respect of distance contracts and off - premises contracts , the consumer shall not enjoy the right of withdrawal from the contract as regards the following :


### in respect of distance contracts , the right of withdrawal shall not apply as regards the following : ### in respect of distance contracts , the right of withdrawal shall not apply as regards the following or when a withdrawal from the contract is not reconcilable with the type of good , the product itself or the servic : .


### for the sale of immovable property or relating to other immovable property rights , except for rental and works relating to immovable property ; ### for the sale or rental of immovable property or relating to other immovable property rights , except for works relating to immovable property ;


### have the lack of conformity remedied by repair or replacement , ### repair


### the guarantee statement shall be drafted in plain intelligible language and be legible . it shall include the following : ### the guarantee statement shall be drafted in plain intelligible language and be legible . it shall be written in the same language of the contract . the guarantee statement shall include the following :


### member states shall ensure that adequate and effective means exist to ensure compliance with this directive . ### member states and the commission shall ensure that adequate and effective means exist to ensure compliance with consumer rights as ensured in this directive .


### member states shall take appropriate measures to inform consumers of the national provisions transposing this directive and shall , where appropriate , encourage traders and code owners to inform consumers of their codes of conduct . ### member states and the commission shall take appropriate measures to inform consumers of the national provisions transposing this directive and shall , where appropriate , encourage traders and code owners to inform consumers of their codes of conduct .


### article 174 of the treaty provides that the union should develop and pursue its actions leading to the strengthening of its economic , social and territorial cohesion . the cohesion fund should therefore provide a financial contribution to projects in the field of the environment and to trans - european networks in the area of transport infrastructure . ### article 174 of the treaty provides that the union should develop and pursue its actions leading to the strengthening of its economic , social and territorial cohesion . the cohesion fund should therefore provide a financial contribution to projects in the field of the environment and to trans - european networks in the area of transport infrastructure and in areas related to sustainable development which clearly offer environmental benefits , such as energy efficiency and renewable energy .


### investments in the environment , including areas related to sustainable development and energy which present environmental benefits ; ### investments in the environment , including in areas related to sustainable development and energy which present environmental benefits , and which contribute to the reduction of co2 emissions ;


### the reduction of greenhouse gas emissions in installations falling under directive 2003 / 87 / ec ; ### investment to achieve the reduction of greenhouse gas emissions from activities falling under annex 1 of directive 2003 / 87 / ec ;


### developing smart distribution systems at low voltage levels ; ### developing smart distribution systems at low and medium voltage levels ;


### promoting low - carbon strategies for urban areas ; ### promoting low - carbon strategies for all types of territories , in particular urban areas , including the promotion of sustainable urban mobility , clean public transport and mitigation relevant adaptation measures ;


### in order to reduce carbon dioxide emissions from shipping at union level the best possible option remains setting up a system for monitoring , reporting and verification of co2 emissions based on the fuel consumption of ships as a first step of a staged approach for the inclusion of maritime transport emissions in the union ' s greenhouse gas reduction commitment . ### in order to reduce carbon dioxide emissions from shipping at union level the best possible option remains implementing a market - based measure where setting up a system for monitoring , reporting and verification of co2 emissions based on the fuel consumption of ships is a first step of a staged approach for the inclusion of maritime transport emissions in the union ' s greenhouse gas reduction commitment .


### the introduction of a union mrv system is expected to lead to emission reductions of up to 2% compared to business - as - usual and aggregated net costs reductions of up to 1 . 2 billion eur by 2030 as it could contribute to the removal of market barriers , in particular those related to the lack of information about ship efficiency . this reduction of transport costs should facilitate international trade . furthermore , a robust mrv system is a prerequisite for any market - based measure or efficiency standard , whether applied at union level or globally . it also provides reliable data to set precise emission reduction targets and to assess the progress of maritime transport ' s contribution towards achieving a low carbon economy . ### the introduction of a union mrv system is expected to lead to emission reductions of up to 2% compared to business - as - usual and aggregated net costs reductions of up to 1 . 2 billion eur by 2030 as it could contribute to the removal of market barriers , in particular those related to the lack of information about ship efficiency . this reduction of transport costs should facilitate international trade . furthermore , a robust mrv system is a prerequisite for any market - based measure or efficiency standard . in view of the international nature of shipping , a globally agreed procedure would be the preferred and most effective method of reducing emissions in international maritime transport . it also provides reliable data to set precise emission reduction targets and to assess the progress of maritime transport ' s contribution towards achieving a low carbon economy .


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


### the rules should take into account existing requirements and data already available on board of ships ; therefore , ship owners should be given the opportunity to select one out of the following four monitoring methods : the use of bunker fuel delivery notes , bunker fuel tank monitoring , flow meters for applicable combustion processes or direct emission measurements . a ship specific monitoring plan should document the choice made and provide further details on the application of the selected method . ### the rules should take into account existing requirements and data already available on board of ships ; therefore , ship owners should be given the opportunity to select one out of the following four monitoring methods : the use of bunker fuel delivery notes , bunker fuel tank monitoring , flow meters for applicable combustion processes or direct emission measurements . a ship specific monitoring plan should document the choice made and provide further details on the application of the selected method . after two reporting periods the commission should issue recommendations on the monitoring methods with respect to precision , relevance to emissions reduction , affordability and administrative burden on the crew .


### based on the monitoring plan approved in accordance to article 13 , for each ship and for each voyage arriving to and departing from a port under a member state ' s jurisdiction , companies shall monitor in accordance with part a of annex i and annex ii , the following information : ### based on the monitoring plan approved in accordance to article 13 , for each ship and for each voyage arriving to and departing from a port under a member state ' s jurisdiction , or on a monthly basis for very short scheduled voyages , companies shall monitor in accordance with part a of annex i and annex ii , the following information :


### where an international agreement on global measures to reduce greenhouse gas emissions from maritime transport is reached , the commission shall review this regulation and may , if appropriate , propose amendments to this regulation . ### where an international agreement on global measures to reduce greenhouse gas emissions from maritime transport is reached , the commission shall guarantee the conformity of this regulation with the international agreements adopted by the imo .


### the programme activities , i . e . the european information systems , the joint actions for customs and tax officials and the common training initiatives , are expected to contribute to the realisation of the europe 2020 strategy for smart , sustainable and inclusive growth1 . in providing a framework for activities which strive for more efficient customs and tax authorities , strengthen the competitiveness of businesses , promote employment and contribute to the protection of the union ' s financial and economic interests , the programme will actively strengthen the functioning of the customs union and the internal market . _____________ 1 com 2020 . ### the programme activities , i . e . the european information systems , the joint actions for customs and tax officials and the common training initiatives , will contribute to the realisation of the europe 2020 strategy for smart , sustainable and inclusive growth1 by strengthening the functioning of the single market , providing a framework to support activities enhancing productivity of the public sector and pushing technical progress and innovation in national and european customs and tax administrations . in providing a framework for activities which strive for more efficient customs and tax authorities , strengthen the competitiveness of businesses , promote employment and contribute to the protection of the union ' s financial and economic interests , the programme will actively strengthen the functioning of the customs union and the internal market .


### the financial interests of the union should be protected through appropriate measures throughout the expenditure cycle , including the prevention , detection and investigation of irregularities , the recovery of funds lost , wrongly paid or incorrectly used and , where appropriate , penalties . ### the financial interests of the union should be protected through appropriate measures throughout the expenditure cycle , including the prevention , detection and investigation of irregularities , the recovery of funds lost , wrongly paid or incorrectly used and , where appropriate , penalties . the protection of the financial interests of the union is clearly in the self - interest of the member states and could also be seen as an important instrument for member states to increase their own national revenues .


### to prevent fraud and tax evasion and to enhance competitiveness , safety and security by enhancing cooperation with international organisations , other governmental authorities , third countries , economic operators and their organisations , ### to prevent fraud , tax avoidance and tax evasion and to enhance competitiveness , safety and security by enhancing cooperation with international organisations , other governmental authorities , third countries , economic operators and their organisations ,


### to protect the financial and economic interests of the european union and its member states through the fight against fraud and tax evasion , ### to protect the financial and economic interests of the european union and its member states through the fight against fraud , tax avoidance and tax evasion ,


### each of the specific objectives above shall be measured by an indicator based on the perception of programme stakeholders regarding the contribution of the programme to the realisation of the specific objectives . ### each of the specific objectives above shall be measured by a combination of quantitative and qualitative indicators .


### financial framework ### budget


### the financial envelope for the implementation of the programme shall be eur 777 . 600 . 000 . ### the financial envelope for the implementation of the programme within the meaning of point [ 17 ] of the interinstitutional agreement of xx / 201z between the european parliament , the council and the commission on cooperation in budgetary matters and sound financial management shall be eur 777 . 600 . 000 .


### the commission shall implement the programme by means of an annual work programme for each sector of the programme , including the priorities for the programme , the breakdown of the budget and the evaluation criteria for the grants for actions . these implementing acts shall be adopted in accordance with the examination procedure referred to in article 14 and with the financial regulation . ### the commission shall implement the programme by means of an annual work programme for each sector of the programme , including the priorities for the programme , the breakdown of the budget and the evaluation criteria for the grants for actions . these annual work programmes shall carefully respect the balance between the customs and the taxation parts . those implementing acts shall be adopted in accordance with regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission ' s exercise of implementing powers1 , the examination procedure referred to in article 14 and the financial regulation . _________ 1 oj l 55 , 28 . 2 . 2011 , p . 13 .


### evaluation ### evaluation and review


### the commission shall establish a mid - term evaluation report on the achievement of the objectives of the programme actions , the efficiency of the use of resources and the european added value of the programme no later than mid 2018 . this report shall additionally address the simplification , the continued relevance of the objectives , as well as the contribution of the programme to the union priorities of smart , sustainable and inclusive growth . ### the commission shall establish a mid - term evaluation report on the achievement of the objectives of the programme actions , the efficiency of the use of resources and the european added value of the programme no later than mid 2018 . this report shall additionally address the simplification , the continued relevance of the objectives , as well as the contribution of the programme to the union priorities of smart , sustainable and inclusive growth . on the basis of this evaluation , and if appropriate , the commission may propose to the legislative authority to amend this regulation .


### to set up actions relating to customs and taxation involving third countries and external experts ### to set up actions relating to customs and taxation involving third countries and external experts , notably to increase transparency and tighter control to prevent the use of tax havens


### this regulation establishes a partnership instrument for cooperation with third countries to advance and promote eu and mutual interests . the partnership instrument shall support measures that respond in an effective and flexible manner to objectives arising from the union ' s bilateral , regional or multilateral relationships with third countries and address challenges of global concern . ### this regulation establishes a partnership instrument for cooperation with third countries to advance and promote eu and mutual interests , promoting shared values and interest and the principle of mutual accountability . the partnership instrument shall support measures that respond in an effective , transparent and flexible manner to objectives arising from the union ' s bilateral , regional or multilateral relationships with third countries and address challenges of global concern .


### implementing the international dimension of the &#8220 ; europe 2020&#8221 ; strategy by supporting union ' s bilateral , regional and inter - regional cooperation partnership strategies , by promoting policy dialogues and by developing collective approaches and responses to challenges of global concern such as energy security , climate change and environment . this objective shall be measured by the uptake of the &#8220 ; europe 2020&#8221 ; policies and objectives by key partner countries ; ### implementing the international dimension of the &#8220 ; europe 2020&#8221 ; strategy by supporting union ' s bilateral , regional and inter - regional cooperation partnership strategies , by promoting policy dialogues and by developing collective approaches and responses to challenges of global concern such as energy security and energy efficiency , climate change , food security , poverty eradication and environmental protection , as well as sustainable management of biodiversity and ecosystems . this objective shall be measured by the uptake of the &#8220 ; europe 2020&#8221 ; policies and objectives by key partner countries ;


### improving market access and developing trade , investment and business opportunities for european companies by means of economic partnerships and business and regulatory cooperation . this objective shall be measured by the union’s share in foreign trade with key partner countries and by trade and investments flows to partner countries specifically targeted by actions , programmes and measures under this regulation ; ### improving market access and developing trade , investment and business opportunities for european companies by means of economic partnerships and business and regulatory cooperation and according to international standards on corporate social responsibility . this objective shall be measured by the union’s share in foreign trade with key partner countries and by trade and investments flows to partner countries specifically targeted by actions , programmes and measures under this regulation ; blending facilities shall be subject to mechanisms , monitoring and impact studies that include the social cohesion and fight against inequalities dimension ;


### all third countries , regions and territories may be eligible for cooperation under this regulation . ### all third countries , regions and territories may be eligible for cooperation under this regulation . relevant lessons learned from the previous instruments should be taken into account when deciding on the eligibility of countries and sectors .


### however , this regulation shall primarily support cooperation measures with developed and developing countries which play an increasingly prominent role in the international economy and trade , in multilateral fora , in global governance and in addressing challenges of global concern and where the union has significant interests . ### however , this regulation shall primarily support cooperation measures with developed and developing countries which play an increasingly prominent role in the international economy and trade , in multilateral fora , in global governance and in addressing challenges of global concern and where the union has significant interests . added value of eu action needs also to be the driver of our cooperation with strategic partners .


### the union seeks to promote , develop and consolidate the principles of liberty , democracy , respect for human rights and fundamental freedoms and the rule of law on which it is founded by means of dialogue and cooperation with third countries . ### the union seeks to promote , develop and consolidate the principles of liberty , democracy , respect for human rights and fundamental freedoms , rule of law , good governance alongside with inclusive and sustainable growth , on which it is founded by means of dialogue and cooperation with third countries .


### to enhance the impact of the union’s assistance , a differentiated and flexible approach shall be pursued , where appropriate , in designing cooperation with partner countries to take account of their economic , social and political contexts as and also of the union’s specific interests , policy priorities and strategies . ### to enhance the impact of the union’s assistance , a differentiated , flexible and targeted approach shall be pursued , where appropriate , in designing cooperation with partner countries to take account of their economic , social and political contexts as and also of the union’s specific interests , policy priorities and strategies ; bilateral cooperation with mics should pay special attention to the fight against inequalities by targeting aid by sector , activities , beneficiaries or specific geographic areas in a country .


### within their respective spheres of competence , the union and the member states shall promote a multilateral approach to global challenges and shall foster cooperation with international or regional organisations and bodies , including international financial institutions , united nations agencies , funds and programmes , oecd , and the group of twenty finance ministers and central bank governors and other bilateral donors . ### within their respective spheres of competence , the union and the member states shall promote a coherent multilateral approach to global challenges and shall foster cooperation with international or regional organisations and bodies , including international financial institutions , united nations agencies , funds and programmes , oecd , and the group of twenty finance ministers and central bank governors and other bilateral donors .


### in view of the benefits for the internal market and for the consumer , it is desirable to establish harmonised rules for parallel trade of substantially identical biocidal products that are authorised in different member states . ### in view of the benefits for the internal market and for the consumer , it is desirable to establish harmonised rules for parallel trade of identical biocidal products that are authorised in different member states .


### ' treated material or article ' means any substance , mixture , material or article which was treated with or incorporates one or more biocidal products with the intention to protect the substance , mixture , material or article from deterioration caused by harmful organisms ; ### ' treated material or article ' means any substance , mixture , material or article which was treated with or incorporates one or more biocidal products with the intention to produce the biocidal effect which is their purpose ;


### ' frame formulation ' means a group of biocidal products having similar uses and presenting limited variations in their composition with regard to a reference biocidal product belonging to that group which contains the same active substances of the same specifications where such permitted variations do not adversely affect the level of risk or the efficacy of these products ; ### ' frame formulation ' means a group of biocidal products having similar uses and presenting variations in their composition with regard to a reference biocidal product belonging to that group which contains the same active substances of the same specifications , provided that , irrespective of these variations , the level of risk does not exceed that attached to the reference biocidal products and the efficacy on the target organism corresponds to what is indicated on the label of the product ;


### ' letter of access ' means an original document , signed by the owner or owners of information , which states that the information may be used by the competent authorities , the european chemicals agency , or the commission for the purpose of evaluating an active substance or granting an authorisation ; ### ' letter of access ' means an original document , signed by the owner or owners of information or their representative , which states that the information may be used by the designated competent authorities , the european chemicals agency , or the commission for the purpose of evaluating an active substance or granting an authorisation to a third party ;


### the exposure of humans to that active substance in a biocidal product , under normal conditions of use , is negligible , in particular where the product is used in closed systems or strictly controlled conditions ; ### the exposure of humans to that active substance in a biocidal product , under prescribed conditions of use , is negligible or adequately controlled , taking account of the intrinsic hazards presented by the substance , in particular where the product is used in closed systems or strictly controlled conditions ;


### at the end of the period referred to in paragraph 3 or on receipt of the opinion of the agency , the commission shall adopt a decision concerning a renewal of the inclusion of the active substance in annex i . that decision , designed to amend non - essential elements of this regulation by supplementing it , shall be adopted in accordance with the regulatory procedure with scrutiny referred to in article 72 . ### at the end of the period referred to in paragraph 3 or on receipt of the opinion of the agency , the commission shall adopt a decision concerning a renewal of the inclusion of the active substance in annex i . that decision , designed to amend non - essential elements of this regulation by supplementing it , shall be adopted in accordance with the regulatory procedure with scrutiny referred to in article 72 . if the commission decides to renew the inclusion of the active substance in annex i , mention should be made of the name of the applicant .


### application for authorisation shall be made by , or on behalf of , the person who shall be responsible for the placing on the market of a biocidal product in a particular member state or in the community . ### application for authorisation shall be made by , or on behalf of , the person holding the authorisation , who may or may not be the person responsible for the placing on the market of a biocidal product in a particular member state or in the community .


### by way of derogation from paragraph 1 , a biocidal product containing an active substance that is a candidate for substitution shall be authorised without comparative assessment in cases where it is necessary to acquire experience first through using that product in practice . ### the commission shall adopt implementing measures which specify the procedure required to define the application for comparative assessment for biocidal products in accordance with the provisions of paragraph 3 . these measures shall define the criteria and algorithms to be used for the comparative assessments so as to ensure uniform application throughout the community . these measures shall be adopted in accordance with the procedures laid down in article 72 .


### the application shall be accompanied by all the information necessary to demonstrate that the biocidal product is substantially identical to the reference product as defined in paragraph 3 . ### the application shall be accompanied by all the information necessary to demonstrate that the biocidal product is identical to the reference product as defined in paragraph 3 .