### the agency may enter into agreements with relevant national authorities , in particular the national safety authorities , and other competent bodies , in relation to the implementation of articles 12 , 16 , 17 and 18 . ### the agency shall enter into agreements with relevant national authorities , in particular the national safety authorities , in relation to the implementation of the tasks conferred on the agency and the national safety authorities by , respectively , article 20 of directive . . / . . / eu [ interoperability directive ] and article xxx of directive . . / . . / eu [ railway safety directive ] . those agreements may include action by the agency to recover fees and charges payable by applicants for authorisations and certificates to national safety authorities .


### the agreements may include contracting of some of the tasks of the agency to the national authorities , such as checking and preparing files , verifying technical compatibility , performing visits and drafting technical studies . ### the agency may subcontract to national safety authorities tasks other than those conferred on them in accordance with article 20 of directive . . / . . / eu [ interoperability directive ] and article 16 of directive . . / . . / eu [ railway safety directive ] .


### delegated acts relating to articles 12 , 16 , 17 and 18 ### delegated acts relating to articles 12 , 16 and 17


### the amount of the fees and charges shall be fixed at such a level as to ensure that the revenue in respect thereof is sufficient to cover the full cost of the services delivered . all expenditures of the agency attributed to staff involved in activities referred to in paragraph 3 , including the employer ' s pro - rata contribution to the pension scheme , shall be in particular reflected in this cost . should a significant imbalance resulting from the provision of the services covered by fees and charges become recurrent , the revision of the level of the fees and charges shall become mandatory . ### the amount of the fees and charges relating to the agency shall be fixed at such a level as to ensure that the revenue in respect thereof is sufficient to cover the full cost of the services delivered . all expenditures of the agency attributed to staff involved in activities referred to in paragraph 3 , including the employer ' s pro - rata contribution to the pension scheme , shall be in particular reflected in this cost . should a significant imbalance resulting from the provision of the services covered by fees and charges become recurrent , the revision of the level of the fees and charges shall become mandatory .


### the delegation of power referred to in article 73 shall be conferred on the commission for an indeterminate period of time from the date of entry into force of this regulation . ### the delegation of power referred to in article 73 shall be conferred on the commission for a period of five years from the date of entry into force of this regulation . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### no later than five years after the entry into force of this regulation and every five years thereafter , the commission shall commission an evaluation to assess , in particular , the impact , effectiveness and efficiency of the agency and its working practices . the evaluation shall address , in particular , any need to amend the mandate of the agency , and the financial implications of any such amendment . ### no later than three years after the entry into force of this regulation and every three years thereafter , the commission shall commission an evaluation to assess , in particular , the impact , effectiveness and efficiency of the agency and its working practices . the evaluation shall address , in particular , any need to amend the mandate of the agency , and the financial implications of any such amendment .


### no later than five years after the entry into force of this regulation and every five years thereafter , the commission shall commission an evaluation to assess , in particular , the impact , effectiveness and efficiency of the agency and its working practices . the evaluation shall address , in particular , any need to amend the mandate of the agency , and the financial implications of any such amendment . ### no later than five years after the entry into force of this regulation and every five years thereafter , the commission shall commission an evaluation to assess , in particular , the impact , effectiveness and efficiency of the agency and its working practices . the evaluation shall take account of the views of the representatives of the railway sector , of the social partners and of consumer organisations . the evaluation shall address , in particular , any need to amend the mandate of the agency , and the financial implications of any such amendment .


### in order to ensure transparency on the surveillance of authorised medicinal products , the list of medicinal products subject to additional monitoring established by regulation no 726 / 2004 of the european parliament and of the council of 31 march 2004 laying down community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a european medicines agency , as amended by regulation no 1235 / 2010 , should systematically include medicinal products that are subject to post - authorisation safety conditions . ### in order to ensure transparency on the surveillance of authorised medicinal products , the list of medicinal products subject to additional monitoring established by regulation no 726 / 2004 of the european parliament and of the council of 31 march 2004 laying down community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a european medicines agency , as amended by regulation no 1235 / 2010 , should systematically include medicinal products that are subject to certain post - authorisation safety conditions .


### medicinal products that are authorised pursuant to this regulation subject to conditions referred to in points , , and of article 9 , or in article 10a , article 14 and and in article 21 ; medicinal products that are authorised pursuant to directive 2001 / 83 / ec , subject to the conditions referred to in articles 21a , 22 , 22a and 104a of that directive ; ### medicinal products that are authorised pursuant to this regulation subject to conditions referred to in points and of article 9 , or in article 10a and article 14 and ; medicinal products that are authorised pursuant to directive 2001 / 83 / ec , subject to the conditions referred to in points , and of article 21a , or in articles 22 , and 22a of that directive ;


### for medicinal products included in that list , the summary of product characteristics and the package leaflet shall include the statement “this medicinal product is subject to additional monitoring” . that statement shall be preceded by a black symbol which shall be selected by the commission following a recommendation of the pharmacovigilance risk assessment committee by 2 january 2012 , and shall be followed by an appropriate standardised explanatory sentence . ” ### for medicinal products included in that list , the summary of product characteristics and the package leaflet shall include the statement “this medicinal product is subject to additional monitoring” . that statement shall be preceded by a black symbol which shall be selected by the commission following a recommendation of the pharmacovigilance risk assessment committee by 2 july 2013 , and shall be followed by an appropriate standardised explanatory sentence . ”


### proposal for a regulation of the european parliament and of the council concerning type - approval requirements for the deployment of the ecall in - vehicle system and amending directive 2007 / 46 / ec ### proposal for a regulation of the european parliament and of the council concerning type - approval requirements for the deployment of the ecall in - vehicle system based on the 112 service and amending directive 2007 / 46 / ec


### small series vehicles are excluded under directive 2007 / 46 / ec from the requirements on the protection of occupants in the case of frontal impact and side impact . therefore , those small series vehicles should be excluded from the obligation to comply with the ecall requirements . ### small series vehicles are excluded under directive 2007 / 46 / ec from the requirements on the protection of occupants in the case of frontal impact and side impact . therefore , those small series vehicles should be excluded from the obligation to comply with the ecall requirements set out in this regulation .


### according to the recommendations made by the article 29 data protection working party and contained in the ' working document on data protection and privacy implications in ecall initiative ' , adopted on 26 september 20069 , any processing of personal data through the ecall in - vehicle system should comply with the personal data protection rules provided for in directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data10 and in directive 2002 / 58 / ec of the european parliament and of the council of 12 july 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector 11 , in particular to guarantee that vehicles equipped with ecall in - vehicle systems , in their normal operational status related to 112 ecall , are not traceable and are not subject to any constant tracking and that the minimum set of data sent by the in - vehicle ecall system includes the minimum information required for the appropriate handling of emergency calls . __________________ 9 1609 / 06 / en – wp 125 . 10 oj l 281 , 23 . 11 . 1995 , p . 31 . 11 oj l 201 , 31 . 7 . 2002 , p . 37 . ### according to the recommendations made by the article 29 data protection working party and contained in the ' working document on data protection and privacy implications in ecall initiative ' , adopted on 26 september 20069 , any processing of personal data through the ecall in - vehicle system should comply with the personal data protection rules provided for in article 8 of the charter of fundamental rights9a , directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and in directive 2002 / 58 / ec of the european parliament and of the council of 12 july 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector , in particular to guarantee that vehicles equipped with ecall in - vehicle systems , in their normal operational status related to 112 ecall , are not traceable and are not subject to any constant tracking and that the minimum set of data sent by the in - vehicle ecall system includes the minimum information required for the appropriate handling of emergency calls . __________________ 9 1609 / 06 / en – wp 125 . 9 a oj c 364 / 1 , 18 . 12 . 2000 . 10 oj l 281 , 23 . 11 . 1995 , p . 31 . 11 oj l 201 , 31 . 07 . 2002 , p . 37 .


### in order to ensure the application of common technical requirements regarding the ecall in - vehicle system , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the detailed rules on the application of the relevant standards , on testing , on personal data and privacy protection and on exemptions for certain vehicles or classes of vehicles of categories m1 and n1 . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council . ### in order to ensure the application of common technical requirements regarding the ecall in - vehicle system , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the detailed rules on the application of the relevant standards , on testing , on personal data and privacy protection in the form of ‘ privacy by design’ and on exemptions for certain vehicles or classes of vehicles of categories m1 and n1 . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . in particular , the european data protection supervisor and consumer protection organisations should be consulted . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council .


### for the purpose of this regulation and in addition to the definitions laid down in article 3 of directive 2007 / 46 / ec and in article 2 of commission delegated regulation no 305 / 201312 , the following definitions shall apply : __________________ 12 oj l 91 , 03 . 04 . 2013 , p . 1 . ### for the purpose of this regulation and in addition to the definitions laid down in article 3 of directive 2007 / 46 / ec , the following definitions shall apply :


### manufacturers shall demonstrate that all their new types of vehicle are constructed to ensure that in the event of a severe accident which occurs in the territory of the union , an ecall to the single european emergency number 112 is triggered automatically . ### manufacturers shall demonstrate that all their new types of vehicle are constructed to ensure that in the event of a severe accident , detected by activation of one or more sensors and / or processors within the vehicle , which occurs in the territory of the union , an ecall to the emergency number 112 is triggered automatically .


### manufacturers shall demonstrate that new vehicles are constructed as to ensure that an ecall to the single european emergency number 112 can also be triggered manually . ### manufacturers shall demonstrate that new types of vehicles are constructed as to ensure that an ecall to the emergency number 112 can also be triggered manually .


### the technical requirements and tests referred to in the first subparagraph shall be based on the requirements set out in paragraphs 3 , 4 and 6 and on the following standards , where applicable : ### the technical requirements and tests referred to in the first subparagraph shall be based on the requirements set out in paragraphs 2 , 3 , 4 and 6 and on the following standards , where applicable :


### the commission shall be empowered to adopt delegated acts in accordance with article 9 which shall define further the requirement of the absence of traceability and tracking and the privacy enhancing technologies referred to in paragraph 1 as well as the modalities of the private data processing and of the user information referred to in paragraph 3 . ### the commission shall be empowered to adopt delegated acts in accordance with article 9 defining further the requirement of the absence of traceability and tracking and the privacy enhancing technologies referred to in paragraph 1 of this article as well as the modalities of the personal data processing and of the user information referred to in paragraph 3 of this article .


### the commission may exempt certain vehicles or classes of vehicles of categories m1 and n1 from the obligation to install ecall in - vehicle systems set out in article 4 , if following a cost / benefit analysis , carried out or mandated by the commission , and taking into account all relevant safety aspects , the application of those systems proves not to be appropriate to the vehicle or class of vehicles concerned . ### the commission may exempt certain classes of vehicles of categories m1 and n1 from the obligation to install ecall in - vehicle system set out in article 4 , if following a cost / benefit analysis , carried out or mandated by the commission , and taking into account all relevant safety aspects , the installation of the ecall in - vehicle system proves not to be indispensable for further improving road safety , due to the fact that the class of vehicles concerned is designed primarily for off - road use or does not have an appropriate triggering mechanism . those exemptions shall be limited in number .


### the commission shall be empowered to adopt delegated acts in accordance with article 9 setting out the exemptions referred to in paragraph 1 . those exemptions shall cover vehicles such as special purpose vehicles and vehicles without airbags and be limited in number . ### the commission shall be empowered to adopt delegated acts in accordance with article 9 setting out the exemptions referred to in paragraph 1 .


### the european parliament emphasised in its resolution of 7 september 2010 on the interconnection of business registers that the usefulness of the project for the further integration of the european economic area can only be exploited if all member states take part in the network . ### the european parliament emphasised in its resolution of 7 september 2010 on the interconnection of business registers that the usefulness of the project for the further integration of the european economic area can only be exploited if all member states take part in the network . the participation of all member states in a union - wide electronic network of registers should therefore be mandatory .


### the union right to compensation for antitrust harm requires each member state to have procedural rules ensuring the effective exercise of that right . the need for effective procedural remedies also follows from the right to effective judicial protection as laid down in article 47 , first paragraph , of the charter of fundamental rights of the european union53 and in article 19 , second subparagraph of the treaty on european union . __________________ 53 oj c 326 , 26 . 10 . 2012 , p . 391 . ### the union right to compensation for antitrust harm requires each member state to have procedural rules ensuring the effective exercise of that right . the need for effective procedural remedies also follows from the right to effective judicial protection as laid down in article 47 , first paragraph , of the charter of fundamental rights of the european union53and in article 19 , second subparagraph of the treaty on european union . member states should ensure effective legal protection in the fields covered by union law __________________ 53 oj c 326 , 26 . 10 . 2012 , p . 391 .


### undertakings established and operating in different member states are subject to procedural rules that significantly affect the extent to which they can be held liable for infringements of competition law . this uneven enforcement of the union right to compensation may result in a competitive advantage for some undertakings which have breached articles 101 or 102 of the treaty , and a disincentive to the exercise of the rights of establishment and provision of goods or services in those member states where the right to compensation is more effectively enforced . as such , the differences in the liability regimes applicable in the member states may negatively affect both competition and the proper functioning of the internal market . ### undertakings established and operating in different member states are subject to procedural rules that significantly affect the extent to which they can be held liable for infringements of competition law . this uneven enforcement of the union right to compensation may result in a competitive advantage for some undertakings which have breached articles 101 or 102 of the treaty , and a disincentive to the exercise of the rights of establishment and provision of goods or services in those member states where the right to compensation is more effectively enforced . therefore , as the differences in the liability regimes applicable in the member states may negatively affect both competition and the proper functioning of the internal market , it is appropriate to base the directive on the dual legal basis of articles 103 and 114 tfeu .


### it is therefore necessary to ensure a more level playing field for undertakings operating in the internal market and to improve the conditions for consumers to exercise the rights they derive from the internal market . it is also appropriate to increase legal certainty and to reduce the differences between the member states as to the national rules governing actions for damages for infringements of european competition law and , when applied in parallel to the latter , national competition law . an approximation of these rules will also help to prevent the emergence of wider differences between the member states’ rules governing actions for damages in competition cases . ### it is therefore necessary , bearing in mind also the often cross - border nature of large scale infringements of competition law , to ensure a more level playing field for undertakings operating in the internal market and to improve the conditions for consumers to exercise the rights they derive from the internal market . it is also appropriate to increase legal certainty and to reduce the differences between the member states as to the national rules governing actions for damages for infringements of european competition law and , when applied in parallel to the latter , national competition law . an approximation of these rules will also help to prevent the emergence of wider differences between the member states’ rules governing actions for damages in competition cases .


### the requirement of proportionality should also be carefully assessed when disclosure risks unravelling the investigation strategy of a competition authority by revealing which documents are part of the file or causing a negative bearing on the way in which companies cooperate with the competition authority . the disclosure request should therefore not be deemed proportionate when it refers to the generic disclosure of documents in the file of a competition authority relating to a certain case , or of documents submitted by a party in the context of a certain case . such wide disclosure requests would also not be compatible with the requesting party ' s duty to specify categories of evidence as precisely and narrowly as possible . ### the requirement of proportionality should also be carefully assessed when disclosure risks unravelling the investigation strategy of a competition authority by revealing which documents are part of the file or causing a negative bearing on the way in which companies cooperate with the competition authority . special attention should be paid to prevent any types of requests which are aimed at fishing expeditions .


### while relevant evidence containing business secrets or otherwise confidential information should in principle be available in actions for damages , such confidential information needs to be appropriately protected . national courts should therefore have at their disposal a range of measures to protect such confidential information from being disclosed during the proceedings . these may include the possibility of hearings in private , restricting the circle of persons entitled to see the evidence , and instruction of experts to produce summaries of the information in an aggregated or otherwise non - confidential form . measures protecting business secrets and other confidential information should not practically impede the exercise of the right to compensation . ### while relevant evidence containing business secrets or otherwise confidential information should in principle be available in actions for damages , such confidential information needs to be appropriately protected . national courts should therefore have at their disposal a range of measures to protect such confidential information from being disclosed during the proceedings . these may include the possibility of blanking out sensitive parts of a document , hearings in camera , restricting the circle of persons entitled to see the evidence , and instruction of experts to produce summaries of the information in an aggregated or otherwise non - confidential form . measures protecting business secrets and other confidential information should , nevertheless , not impede the exercise of the right to compensation .


### national rules on the beginning , duration , suspension or interruption of limitation periods should not unduly hamper the bringing of actions for damages . this is particularly important in respect of actions that build upon the competition authority ' s or a review court ' s finding of an infringement . to that end , injured parties should still be able to bring an action for damages after proceedings by a competition authority , with a view to enforcing national and union competition law . ### national rules on the beginning , duration , suspension or interruption of limitation periods should not unduly hamper the bringing of actions for damages . this is particularly important in respect of actions that build upon the competition authority ' s or a review court ' s finding of an infringement . to that end , injured parties should still be able to bring an action for damages after proceedings by a competition authority , with a view to enforcing national and union competition law . member states should be allowed to maintain or introduce absolute limitation periods that are generally applicable .


### anyone who has suffered harm caused by an infringement of union or national competition law shall be able to claim full compensation for that harm . ### anyone who has suffered harm caused by an infringement of union or national competition law shall be able to claim and obtain full compensation for that harm .


### ‘ national competition law’ means provisions of national law that predominantly pursue the same objective as articles 101 and 102 of the treaty and that are applied to the same case and in parallel to union competition law pursuant to article 3 of regulation no 1 / 2003 ; ### ‘ national competition law’ means provisions of national law that predominantly pursue the same objective as articles 101 and 102 of the treaty and that are applied to the same case and in parallel to union competition law pursuant to article 3 of regulation no 1 / 2003 this definition does not apply to national laws which impose criminal sanctions on natural persons except to the extent that such sanctions are the means whereby competition rules applying to undertakings are enforced .


### member states shall ensure that , for the purpose of actions for damages , national courts cannot at any time order a party or a third party to disclose any of the following categories of evidence : ### member states shall ensure that , for the purpose of actions for damages , national courts shall in general not order a competition authority to disclose any of the following categories of evidence :


### disclosure of evidence in the file of a competition authority that does not fall into any of the categories listed in paragraphs 1 or 2 of this article may be ordered in actions for damages at any time . ### disclosure of evidence in the file of a competition authority that does not fall into any of the categories listed in paragraphs 1 or 2 of this article may be ordered in actions for damages at any time . article 5 to shall apply mutatis mutandis .


### member states shall ensure that the sanctions that can be imposed by national courts are effective , proportionate and dissuasive . the sanctions available to national courts shall include , insofar as the behaviour of a party to damages action proceedings is concerned , the possibility to draw adverse inferences , such as presuming the relevant issue to be proven or dismissing claims and defences in whole or in part , and the possibility to order the payment of costs . ### member states shall ensure that the sanctions that can be imposed by national courts are effective , proportionate and dissuasive in the event of failure or refusal to comply with any court ' s disclosure order or order protecting confidential information .


### member states shall ensure that the limitation period is suspended if a competition authority takes action for the purpose of the investigation or proceedings in respect of an infringement to which the action for damages relates . the suspension shall end at the earliest one year after the infringement decision has become final or the proceedings are otherwise terminated . ### member states shall ensure that the limitation period is suspended if a competition authority takes action for the purpose of the investigation or proceedings in respect of an infringement to which the action for damages relates . the suspension shall end at the earliest two years after the decision , through which the procedure concerning the infringement or alleged infringement has been closed , has become final .


### article 17 suspensive effect of consensual dispute resolution member states shall ensure that the limitation period for bringing an action for damages is suspended for the duration of the consensual dispute resolution process . the suspension of the limitation period shall apply only with regard to those parties that are or were involved in the consensual dispute resolution . 2 . member states shall ensure that national courts seized of an action for damages may suspend proceedings where the parties to those proceedings are involved in consensual dispute resolution concerning the claim covered by that action for damages . ### article 17 suspensive effect of consensual dispute resolution member states shall ensure that the limitation period for bringing an action for damages is suspended for the duration of the consensual dispute resolution process . the suspension of the limitation period shall apply only with regard to those parties that are or were involved in the consensual dispute resolution . 2 . member states shall ensure that national courts seized of an action for damages may suspend proceedings where the parties to those proceedings are involved in consensual dispute resolution concerning the claim covered by that action for damages . 2a . the suspension referred to in paragraph 2 of this article may not , in any case , have a duration exceeding one year . 2b . following a consensual settlement , a competition authority may consider the compensation paid prior to the decision as a mitigating factor when setting fines .


### draft legislative resolution ### the recent economic downturn has exposed a number of serious shortcomings and inconsistencies in the single market , all of which have had adverse implications for consumers ' and citizens ' confidence . whereas it is necessary to acknowledge the budgetary constraints under which the union is currently operating , the union should nevertheless provide adequate financial means to support a strategy for smart , sustainable and inclusive growth .


### objective 3 - rights and redress : to consolidate consumer rights in particular through regulatory action and improving access to redress including alternative dispute resolution . ### objective 3 - rights and redress : to strengthen and reinforce consumer rights in particular through regulatory action and improving access to simple , efficient , expedient and low - cost redress including alternative dispute resolution for resolving domestic and cross - border disputes .


### this objective will be measured in particular through the recourse to alternative dispute resolution to solve cross - border disputes and through the activity of a union - wide on - line dispute resolution system . ### this objective will be measured in particular through the recourse to alternative dispute resolution to solve cross - border or domestic disputes through the activity of a union - wide on - line dispute resolution system , and by the percentage of consumers and traders that use alternative dispute resolution or other forms of redress in an attempt to resolve disputes .


### support to consumer organisations ; ### support to consumer organisations at union , national and regional level ;


### they are mandated to represent the interests of consumers at union level by organisations in at least half of the member states that are representative , in accordance with national rules or practice , of consumers , and that are active at regional or national level . ### they are mandated to represent the interests of consumers at union level by organisations that are representative , in accordance with national rules or practice , of consumers , and that are active at regional or national level .


### ‘ authentication’ means an electronic process that allows the validation of the electronic identification of a natural or legal person ; or of the origin and integrity of an electronic data ; ### ‘ authentication’ means an electronic process that allows the validation of the electronic identification of a natural or legal person ; or of the origin and integrity of electronic data ;


### it is linked to the data to which it relates in such a way that any subsequent change in the data is detectable ; ### it is linked to the data signed therewith in such a way that any subsequent change in the data is detectable ;


### it is linked to the data to which it relates in such a way that any subsequent change in the data is detectable ; ### it is linked to the data the origin and integrity of which it attests in such a way that any subsequent change in the data is detectable ;


### ‘ trust service’ means any electronic service consisting in the creation , verification , validation , handling and preservation of electronic signatures , electronic seals , electronic time stamps , electronic documents , electronic delivery services , website authentication , and electronic certificates , including certificates for electronic signature and for electronic seals ; ### ' trust service ' means an electronic service consisting in the creation , verification , validation or preservation of electronic signatures , electronic seals , electronic time stamps , electronic documents , electronic delivery services , website authentication , and electronic certificates , including certificates for electronic signature and for electronic seals ;


### ‘ qualified trust service’ means a trust service that meets the applicable requirements provided for in this regulation ; ### ‘ qualified trust service’ means a trust service that meets the applicable requirements laid down in this regulation ;


### when an electronic identification using an electronic identification means and authentication is required under national legislation or administrative practice to access a service online , any electronic identification means issued in another member state falling under a scheme included in the list published by the commission pursuant to the procedure referred to in article 7 shall be recognised and accepted for the purposes of accessing this service . ### when electronic identification using an electronic identification means and authentication is available under national legislation or administrative practice to access a service online , any electronic identification means issued in another member state falling under a scheme included in the list published by the commission pursuant to the procedure referred to in article 7 shall be recognised and accepted for the purposes of accessing this service , provided the service is not limited to residents of a member state or of a territorial unit thereof .


### the electronic identification means can be used to access at least public services requiring electronic identification in the notifying member state ; ### the electronic identification means can be used to access at least public services which accept electronic identification in the notifying member state ;


### the notifying member state ensures the availability of an authentication possibility online , at any time and free of charge so that any relying party can validate the person identification data received in electronic form . member states shall not impose any specific technical requirements on relying parties established outside of their territory intending to carry out such authentication . when either the notified identification scheme or authentication possibility is breached or partly compromised , member states shall suspend or revoke without delay the notified identification scheme or authentication possibility or the compromised parts concerned and inform the other member states and the commission pursuant to article 7 ; ### the notifying member state ensures the availability of an online authentication interface , at any time and free of charge so that any relying party can validate the person identification data received in electronic form . any specific technical requirements necessitated for security purposes which are imposed by member states on relying parties intending to carry out such authentication may carry a fee not exceeding cost and shall not discriminate against relying parties established outside of their territory . when either the notified identification scheme or authentication system is breached or partly compromised , member states shall suspend or revoke without delay the notified identification scheme or authentication system or the compromised parts concerned and inform the other member states and the commission pursuant to article 7 ;


### the commission may , by means of implementing acts , define the circumstances , formats and procedures of the notification referred to in paragraphs 1 and 3 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 39 . ### the commission may , by means of implementing acts , define the formats and procedures of the notification referred to in paragraphs 1 and 3 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 39 .


### a qualified trust service provider shall be liable for any direct damage caused to any natural or legal person due to failure to meet the requirements laid down in this regulation , in particular in article 19 , unless the qualified trust service provider can prove that he has not acted negligently . ### a qualified trust service provider shall be liable for any damage caused to any natural or legal person due to intentional or negligent failure to meet the requirements laid down in this regulation , in particular in article 19 .


### compliance with the request would be incompatible with this regulation . ### compliance with the request would be incompatible with this regulation and applicable legislation .


### a qualified electronic signature shall have the equivalent legal effect of a handwritten signature . ### a qualified electronic signature which has associated a qualified electronic time stamp shall have the equivalent legal effect of a handwritten signature .


### the union is pursuing a policy to improve road safety with the objective of reducing fatalities , injuries and material damage . an important element of that policy is the consistent enforcement of sanctions for road traffic offences committed in the union which considerably jeopardise road safety . ### improving road safety is a prime objective of the union ' s transport policy . the union is pursuing a policy to improve road safety with the objective of reducing fatalities , injuries and material damage . an important element of that policy is the consistent enforcement of sanctions for road traffic offences committed in the union which considerably jeopardise road safety .


### advantage should be taken of the fact that the european vehicle and driving licence information system software application , which is mandatory for member states under the prüm decisions as regards vrd , provides for expeditious , secure and confidential exchange of specific vrd between member states . that software application should therefore be the basis for the data exchange under this directive and should , at the same time , also facilitate the reporting by member states to the commission . ### existing software applications should be the basis for the data exchange under this directive and should , at the same time , also facilitate the reporting by member states to the commission . such applications should provide for expeditious , secure and confidential exchange of specific vrd between member states . advantage should be taken of the european vehicle and driving licence information system software application , which is mandatory for member states under the prüm decisions as regards vrd . the commission should assess in a report the functioning of the software applications used for the purposes of this directive .


### the scope of eucaris is limited to the processes used in the exchange of information between the national contact points in the member states . procedures and automated processes , in which the information is to be used , are outside the scope of eucaris . ### the scope of the above - mentioned software applications should be limited to the processes used in the exchange of information between the national contact points in the member states . procedures and automated processes , in which the information is to be used , are outside the scope of such applications .


### member states should be able to contact the owner , the holder of the vehicle or the otherwise identified person suspected of committing the road safety related traffic offence in order to keep him informed of the applicable procedures and the legal consequences under the law of the member state of the offence . in doing so , member states should consider sending the information concerning road safety related traffic offences in the language of the registration documents or the language most likely to be understood by the person concerned , to ensure that that person has a clear understanding of the information which is being shared with him . this will allow that person to respond to the information in an appropriate way , in particular by asking for more information , settling the fine or by exercising their rights of defence , in particular in the case of mistaken identity . further proceedings are covered by applicable legal instruments , including instruments on mutual assistance and on mutual recognition . ### member states should be able to contact the owner , the holder of the vehicle or the otherwise identified person suspected of committing the road safety related traffic offence in order to keep him informed of the applicable procedures and the legal consequences under the law of the member state of the offence . in doing so , member states should consider sending the information concerning road safety related traffic offences in the language of the registration documents or the language most likely to be understood by the person concerned , to ensure that that person has a clear understanding of the information which is being shared with him . this will allow that person to be notified of the traffic offence and – taking account of the national legislation of his country of residence where applicable – to respond to the information in an appropriate way , in particular by asking for more information , settling the fine or by exercising their rights of defence , in particular in the case of mistaken identity . further proceedings are covered by applicable legal instruments , including instruments on mutual assistance and on mutual recognition , in particular council framework decision 2005 / 214 / jha of 24 february 2005 on the application of the principle of mutual recognition to financial penalties1 . 1 oj l 76 , 22 . 3 . 2005 , p . 16 .


### member states should be able to contact the owner , the holder of the vehicle or the otherwise identified person suspected of committing the road safety related traffic offence in order to keep him informed of the applicable procedures and the legal consequences under the law of the member state of the offence . in doing so , member states should consider sending the information concerning road safety related traffic offences in the language of the registration documents or the language most likely to be understood by the person concerned , to ensure that that person has a clear understanding of the information which is being shared with him . this will allow that person to respond to the information in an appropriate way , in particular by asking for more information , settling the fine or by exercising their rights of defence , in particular in the case of mistaken identity . further proceedings are covered by applicable legal instruments , including instruments on mutual assistance and on mutual recognition . ### member states should be able to contact the owner , the holder of the vehicle or the otherwise identified person suspected of committing the road safety related traffic offence in order to keep him informed of the applicable procedures and the legal consequences under the law of the member state of the offence . in doing so , member states should consider sending the information concerning road safety related traffic offences in the language of the registration documents or the language most likely to be understood by the person concerned , to ensure that that person has a clear understanding of the information which is being shared with him . this will allow that person to respond to the information in an appropriate way , in particular by asking for more information , settling the fine or by exercising their rights of defence , in particular in the case of mistaken identity . further proceedings are covered by applicable legal instruments , including instruments on mutual assistance and on mutual recognition , in particular council framework decision 2005 / 214 / jha of 24 february 2005 on the application of the principle of mutual recognition to financial penalties1 1 . oj l 76 , 22 . 3 . 2005 , p . 16


### this directive respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union , as referred to in article 6 of the treaty on european union . ### this directive respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union , as referred to in article 6 of the treaty on european union . the person suspected of committing a road safety related traffic offence should be informed accordingly , when having received the information letter , of his or her rights regarding access to , rectification of and deletion of data and of the maximum legal period for which the data can be kept .


### in accordance with articles 1 and 2 of the protocol on the position of the united kingdom and ireland in respect of the area of freedom , security and justice , annexed to the treaty on european union and to the treaty on the functioning of the european union , and without prejudice to article 4 of that protocol , those member states are not taking part in the adoption of this directive and are not bound by it or subject to its application . ### in accordance with articles 1 and 2 of the protocol on the position of the united kingdom and ireland in respect of the area of freedom , security and justice , annexed to the treaty on european union and to the treaty on the functioning of the european union , and without prejudice to article 4 of that protocol , those member states are not taking part in the adoption of this directive and are not bound by it or subject to its application . in order to ensure that this directive has uniform coverage and that there is fair and equal treatment of eu drivers with regard to its implementation , those member states are invited to reconsider their position and examine if they could participate in the application of this directive through a future opt - in in accordance with article 4 of protocol 21 .


### the data elements referred to in points and which are necessary to conduct the search shall be in compliance with the requirements set out in point 1 . 2 . 2 of chapter 3 of the annex to decision 2008 / 616 / jha . ### the data elements referred to in points and which are necessary to conduct the search shall be in compliance with the requirements set out in annex ia . that annex may be modified in accordance with the procedure referred to in article 8a .


### searches shall be conducted in compliance with the procedures as described in chapter 3 of the annex to decision 2008 / 616 / jha . ### searches shall be conducted in compliance with the procedures as described in chapter 3 of the annex to decision 2008 / 616 / jha , except for point 1 of chapter 3 of the annex to decision 2008 / 616 / jha , for which the procedures set out in annex ia to this directive shall apply .


### for the purposes of the supply of data as referred to in paragraph 1 , each member state shall designate a national contact point for incoming requests . the powers of the national contact points shall be governed by the applicable law of the member state concerned . ### for the purposes of the supply of data as referred to in paragraph 1 , each member state shall designate a national contact point . the powers of the national contact points shall be governed by the applicable law of the member state concerned .


### member states shall take all necessary measures to ensure that the exchange of information is carried out by interoperable electronic means and to ensure that this exchange of information is conducted in a cost efficient and secure manner , as far as possible using existing software applications such as the one especially designed for the purposes of article 12 of decision 2008 / 615 / jha , and amended versions of that software . ### member states shall take all necessary measures to ensure that the exchange of information is carried out by interoperable electronic means and to ensure that this exchange of information is conducted in a cost efficient and secure manner , as far as possible using existing software applications such as the one especially designed for the purposes of article 12 of decision 2008 / 615 / jha , and amended versions of those software applications , in compliance with the arrangements referred to in annex ia to this directive and in points 2 and 3 of chapter 3 of the annex to decision 2008 / 616 / jha . the amended versions of the software applications shall provide for both online real - time exchange mode and batch exchange mode , the latter allowing for the exchange of multiple requests or responses within one message .


### where the member state of the offence decides to initiate follow - up proceedings in relation to the road safety related traffic offences referred to in article 2 , it informs , in accordance with its law , the owner , the holder of the vehicle or the otherwise identified person suspected of committing the road safety related traffic offence of the legal consequences thereof within the territory of the member state of the offence under the law of that member state . ### the member state of the offence shall decide whether to initiate follow - up proceedings in relation to the road safety related traffic offences referred to in article 2 . should the member state decide to take such measures , it shall , in accordance with its law , inform the owner , the holder of the vehicle or the otherwise identified person suspected of committing the road safety related traffic offence at least of the legal consequences thereof within the territory of the member state of the offence under the law of that member state and of the possibilities of obtaining legal assistance .


### member states shall send a report to the commission by fifty - four months and every two years thereafter . the report shall indicate the number of automated searches conducted by the member state of the offence addressed to the national contact point of the member state of registration following offences committed on its territory , together with the number of failed requests and the nature of such requests . ### member states shall send a report to the commission by twenty - four months and every two years thereafter . the report shall indicate the number of automated searches conducted by the member state of the offence addressed to the national contact point of the member state of registration following offences committed on its territory , together with the type of offences for which requests were addressed , the number of failed requests , the nature of such requests , the number of refusals opposed to the requests by the national contact point of the member state of registration and the number of information letters sent by the member state of the offence .


### by sixty months after the entry into force of this directive the commission shall submit a report to the european parliament and the council on the application of this directive by the member states , assess whether other road safety related traffic offences should be added to article 2 and , if appropriate , make a proposal . ### by thirty - six months after the entry into force of this directive the commission shall submit a report to the european parliament and the council on the application of this directive by the member states . in its report , the commission shall focus in particular on the following aspects and shall make proposals to cover those aspects : - the assessment of whether other road safety related traffic offences should be added to the scope of this directive ; - the assessment of the effectiveness of this directive on the reduction in the number of fatalities on union roads , in particular whether its effectiveness is affected by the geographical coverage of this directive ; - the assessment of the necessity to harmonise automatic checking equipment and procedures . in this context , the commission is invited to develop at union level road safety guidelines within the framework of the common transport policy in order to ensure greater convergence of the enforcement of road traffic rules by member states through comparable methods and practices . these guidelines may cover at least the non - respect of speed limits , drink - driving , non - use of seat belts and failure to stop at a traffic red light . the commission shall take into account the orientations for guidelines mentioned in annex ib part i ; - the assessment of the need to strengthen the enforcement of road safety related traffic offences through their harmonised follow - up procedures in the case of non - payment of a financial penalty , within the framework of the common transport policy . the commission shall take into account the criteria listed in annex ib part ii ; - the assessment of the possibility to harmonise traffic rules at union level where appropriate ; - the assessment of the software applications as referred to in article 4 , with a view to ensuring proper implementation of this directive as well as guaranteeing an effective , expeditious , secure and confidential exchange of specific vrd .


### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive by twenty - four months after the entry into force of this directive . they shall forthwith communicate to the commission the text of those provisions . ### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive by eighteen months after the entry into force of this directive . they shall forthwith communicate to the commission the text of those provisions .


### - having regard to the treaty on the functioning of the european union , and in particular article 121 thereof , ### - having regard to the treaty on the functioning of the european union , and in particular article 121 , in combination with article 148 and , thereof ,


### adherence to the medium - term budgetary objective of budgetary positions should allow member states to have a safety margin with respect to the 3% of gdp reference value in order to ensure rapid progress towards sustainability and to have room for budgetary manoeuvre , in particular taking into account the needs of public investment . ### budgetary positions net of public investment undertaken in pursuit of the union’s objectives as laid down in article 3 tfeu which adhere to the medium - term budgetary objective should allow member states to adjust their policies in accordance with the normal development of the economic cycle while maintaining a reasonable position with respect to the 3% of gdp reference value .


### each participating member state shall submit to the council and commission information necessary for the purpose of multilateral surveillance at regular intervals under article 121 of the treaty in the form of a stability programme , which provides an essential basis for price stability and for strong sustainable growth conducive to employment creation . ### each participating member state shall submit to the council and commission information necessary for the purpose of multilateral surveillance at regular intervals under article 121 of the treaty in the form of a stability programme , which provides an essential basis for price stability and for strong sustainable growth conducive to employment creation and social inclusion .


### each member state with a derogation shall submit to the council and the commission information necessary for the purpose of multilateral surveillance of regular intervals under article 121 of the treaty in the form of a convergence programme , which provides an essential basis for price stability and for strong sustainable growth conducive to employment creation . ### each member state with a derogation shall submit to the council and the commission information necessary for the purpose of multilateral surveillance of regular intervals under article 121 of the treaty in the form of a convergence programme , which provides an essential basis for price stability and for strong sustainable growth conducive to employment creation and social inclusion .


### a quantitative assessment of the budgetary and other economic policy measures being taken or proposed to achieve the objectives of the programme , comprising a cost - benefit analysis of major structural reforms which have direct long - term cost - saving effects , including by raising potential growth ; ### a quantitative assessment of the budgetary and other economic policy measures being taken or proposed to achieve the objectives of the programme , comprising a cost - benefit analysis of major structural reforms which are conductive to the achievement of the union ' s jobs and smart , sustainable and inclusive growth objectives ;


### a quantitative assessment of the budgetary and other economic policy measures being taken or proposed to achieve the objectives of the programme , comprising a cost - benefit analysis of major structural reforms which have direct long - term cost - saving effects , including by raising potential growth ; ### a quantitative assessment of the budgetary and other economic policy measures being taken or proposed to achieve the objectives of the programme , comprising a cost - benefit analysis of major structural reforms which are conductive to the achievement of the union ' s growth and employment objectives ;


### a quantitative assessment of the budgetary and other economic policy measures being taken or proposed to achieve the objectives of the programme , comprising a cost - benefit analysis of major structural reforms , which have direct long - term cost - saving effects , including by raising potential growth ; ### a quantitative assessment of the budgetary and other economic policy measures being taken or proposed to achieve the objectives of the programme , comprising a cost - benefit analysis of major structural reforms , which are conducive to the achievement of the union’s jobs and smart , sustainable and inclusive growth objectives


### a quantitative assessment of the budgetary and other economic policy measures being taken or proposed to achieve the objectives of the programme , comprising a cost - benefit analysis of major structural reforms , which have direct long - term cost - saving effects , including by raising potential growth ; ### a quantitative assessment of the budgetary and other economic policy measures being taken or proposed to achieve the objectives of the programme , comprising a cost - benefit analysis of major structural reforms which are conductive to the achievement of the union ' s growth and employment objectives ;


### the information about the paths for the general government balance and debt ratio , the growth of government expenditure , the planned growth path of government revenue at unchanged policy , the planned discretionary revenue measures and the main economic assumptions referred to in paragraph 2 and shall be on an annual basis and shall cover , the preceding year , the current year and at least the following three years . ### the information about the paths for the general government balance and net debt ratio , the growth of government expenditure and its contribution to the implementation of the union’s growth and employment objectives , the planned growth path of government revenue at unchanged policy , the planned discretionary revenue measures , government investment expenditure , real gross domestic product growth , employment and inflation the paths for growth and indicators of the competitiveness of the economy , including the production capacity utilisation rate , taxation rates on companies , progressivity of income taxes , aggregated demand and the main economic assumptions referred to in paragraph 2 , and shall be on an annual basis and shall cover , the preceding year , the current year and at least the following three years . '


### the information about the paths for the general government balance and debt ratio , the growth of government expenditure , the planned growth path of government revenue at unchanged policy , the planned discretionary revenue measures and the main economic assumptions referred to in paragraph 2 and shall be on an annual basis and shall cover , the preceding year , the current year and at least the following three years . ### the information about the paths for the general government balance and debt ratio , the growth of government expenditure and its contribution to the implementation of the union’s jobs and smart , sustainable and inclusive growth objectives , the planned growth path of government revenue at unchanged policy , the planned discretionary revenue measures , government investment expenditure in line with the public investment targets set out in the framework of the european semester , real gross domestic product growth , employment and inflation the paths for growth and indicators of the competitiveness of the economy and the main economic assumptions referred to in paragraph 2 , and shall be on an annual basis and shall cover , the preceding year , the current year and at least the following three years .


### the information about the paths for the general government balance and debt ratio , the growth of government expenditure , the planned growth path of government revenue at unchanged policy , the planned discretionary revenue measures and the main economic assumptions referred to in paragraph 2 and shall be on an annual basis and shall cover , the preceding year , the current year and at least the following three years . ### the information about the paths for the general government balance and debt ratio , the growth of government expenditure and its contribution to the implementation of the union’s growth and employment objectives , the planned growth path of government revenue at unchanged policy , the planned discretionary revenue measures , government investment expenditure in line with the public investment targets set out in the framework of the european semester , and the main economic assumptions referred to in paragraph 2 , and shall be on an annual basis and shall cover , the preceding year , the current year and at least the following three years .


### the information about the paths for the general government balance and debt ratio , the growth of government expenditure , the planned growth path of government revenue at unchanged policy , the planned discretionary revenue measures and the main economic assumptions referred to in paragraph 2 and shall be on an annual basis and shall cover the preceding year , the current year and at least the following three years . ### the information about the paths for the general government balance and debt ratio , the growth of government expenditure and its contribution to the implementation of the union’s growth and employment objectives , the planned growth path of government revenue at unchanged policy , the planned discretionary revenue measures , government investment expenditure in line with the public investment targets set out in the framework of the european semester , and the main economic assumptions referred to in paragraph 2 , and shall be on an annual basis and shall cover , the preceding year , the current year and at least the following three years .


### the information about the paths for the general government balance and debt ratio , the growth of government expenditure , the planned growth path of government revenue at unchanged policy , the planned discretionary revenue measures and the main economic assumptions referred to in paragraph 2 and shall be on an annual basis and shall cover the preceding year , the current year and at least the following three years . ### the information about the paths for the general government balance and debt ratio , the growth of government expenditure and its contribution to the implementation of the union’s jobs and smart , sustainable and inclusive growth objectives , the planned growth path of government revenue at unchanged policy , the planned discretionary revenue measures , the path for growth and indicators of competitiveness of the economy and the main economic assumptions referred to in paragraph 2 , and shall be on an annual basis and shall cover the preceding year , the current year and at least the following three years . '


### ' 3 . the information about the paths for the general government balance and debt ratio , the growth of government expenditure , the planned growth path of government revenue at unchanged policy , the planned discretionary revenue measures and the main economic assumptions referred to in paragraph 2 and shall be on an annual basis and shall cover , the preceding year , the current year and at least the following three years . ' ### the information about the paths for the general government balance and debt ratio , the growth of government expenditure and its contribution to the implementation of the union’s growth and jobs objectives , the planned growth path of government revenue at unchanged policy , the planned discretionary revenue measures , the paths for growth and indicators of the competitiveness and convergence of the economy and the main economic assumptions referred to in points , and of paragraph 2 shall be on an annual basis and shall cover , the preceding year , the current year and at least the following three years .


### ' 3 . the information about the paths for the general government balance and debt ratio , the growth of government expenditure , the planned growth path of government revenue at unchanged policy , the planned discretionary revenue measures and the main economic assumptions referred to in paragraph 2 and shall be on an annual basis and shall cover the preceding year , the current year and at least the following three years . ' ### the information about the paths for the general government balance and debt ratio , the growth of government expenditure and its contribution to the implementation of the union’s growth and jobs objectives , the planned growth path of government revenue at unchanged policy , the planned discretionary revenue measures , the paths for growth and indicators of the competitiveness and convergence of the economy and the main economic assumptions referred to in point , and of paragraph 2 shall be on an annual basis and shall cover , the preceding year , the current year and at least the following three years .


### based on assessments by the commission and the economic and financial committee , the council shall , within the framework of multilateral surveillance under article 121 of the treaty , examine the medium - term budgetary objectives presented by the member states concerned , assess whether the economic assumptions on which the programme is based are plausible , whether the adjustment path towards the medium - term budgetary objective is appropriate and whether the measures being taken or proposed to respect that adjustment path are sufficient to achieve the medium - term budgetary objective over the cycle . ### based on assessments by the commission and the economic and financial committee , the council shall , within the framework of multilateral surveillance under article 121 tfeu and of the examination of the implementation of the employment policies in accordance with article 148 tfeu , examine the medium - term budgetary objectives presented by the member states concerned in their stability programmes , assess whether the economic assumptions on which the programme is based are plausible , whether the adjustment path towards the medium - term budgetary objective is appropriate , whether the member state reached the public investment target set out in the framework of the european semester and whether the measures being taken or proposed to respect that adjustment path are sufficient to achieve the medium - term budgetary objective over the cycle .


### based on assessments by the commission and the economic and financial committee , the council shall , within the framework of multilateral surveillance under article 121 of the treaty , examine the medium - term budgetary objectives presented by the member states concerned , assess whether the economic assumptions on which the programme is based are plausible , whether the adjustment path towards the medium - term budgetary objective is appropriate and whether the measures being taken and / or proposed to respect that adjustment path are sufficient to achieve the medium - term budgetary objective over the cycle and to achieve sustained convergence . ### based on assessments by the commission , the economic and financial committee the council shall , within the framework of multilateral surveillance under article 121 tfeu and of the examination of the implementation of the employment policies in accordance with article 148 tfeu , examine the medium - term budgetary objectives presented by the member states concerned in their convergence programmes , assess whether the economic assumptions on which the programme is based are plausible , whether the adjustment path towards the medium - term budgetary objective is appropriate , whether the member state reached the public investment target set out in the framework of the european semester and whether the measures being taken or proposed to respect that adjustment path are sufficient to achieve the medium - term budgetary objective over the cycle .


### the council , when assessing the adjustment path toward the medium - term budgetary objective , shall examine if the member state concerned pursues an appropriate annual improvement of its cyclically - adjusted budget balance , net of one - off and other temporary measures , required to meet its medium - term budgetary objective , with 0 . 5% of gdp as a benchmark . for member states with a high level of debt or excessive macroeconomic imbalances or both , the council shall examine whether the annual improvement of the cyclically - adjusted budget balance , net of one - off and other temporary measures is higher than 0 . 5% of gdp . the council shall take into account whether a higher adjustment effort is made in economic good times , whereas the effort may be more limited in economic bad times . ### the council and the parliament , when assessing the adjustment path toward the medium - term budgetary objective , shall examine if the member state concerned pursues an appropriate annual improvement of its cyclically - adjusted budget balance , net of one - off and other temporary measures , required to meet its medium - term budgetary objective . for member states with a high level of netto debt or excessive macroeconomic and social imbalances or both , the council and the parliament shall examine whether the annual improvement of the cyclically - adjusted budget balance , net of one - off and other temporary measures is reasonably close to 0 . 5% of gdp . the council and the parliament shall take into account whether a higher adjustment effort is made in economic good times , whereas the effort may be suspended in economic bad times


### the council shall furthermore examine whether the contents of the stability programme facilitate the achievement of sustained convergence within the euro area , closer coordination of economic policies and whether the economic policies of the member state concerned are consistent with the broad guidelines of economic policies of the member states and of the union . ### the council shall furthermore examine whether the contents of the stability programme facilitate the achievement of sustained convergence within the euro area , closer coordination of economic policies and whether the economic policies of the member state concerned are consistent with article 9 tfeu , in particular with regard to the promotion of a high level of employment , the guarantee of adequate social protection and the fight against social exclusion , the union’s growth and jobs objectives , the broad guidelines of economic policies of the member states and of the union and the guidelines for the employment policies of the member states .


### the council shall carry out the examination of the stability programme within at most three months of the submission of the programme . the council , on a recommendation from the commission and after consulting the economic and financial committee , shall , if necessary , deliver an opinion on the programme . where the council , in accordance with article 121 of the treaty , considers that the objectives and the content of the programme should be strengthened with particular reference to prudent fiscal policy - making , the council shall , in its opinion , invite the member state concerned to adjust its programme . ### the council shall carry out the examination of the stability programme within at most three months of the submission of the programme . the council , on a recommendation from the commission and after consulting the parliament and the economic and financial committee , shall , if necessary , deliver an opinion on the programme . where the council , in accordance with article 121 of the treaty , considers that the objectives and the content of the programme should be strengthened with particular reference to sustainable and efficient fiscal policy - making , the council shall , in its opinion , invite the member state concerned to adjust its programme .


### the council shall carry out the examination of the convergence programme within at most three months of the submission of the programme . the council , on a recommendation from the commission and after consulting the economic and financial committee , shall , if necessary , deliver an opinion on the programme . where the council , in accordance with article 121 of the treaty , considers that the objectives and the content of the programme should be strengthened with particular reference to prudent fiscal - policy making , the council shall , in its opinion , invite the member state concerned to adjust its programme . ### the council shall examine the convergence programme within at most three months of the submission of the programme . the council , on a recommendation from the commission and after consulting the economic and financial committee , shall , if necessary , deliver an opinion on the programme . where the council in accordance with 121 of the tfeu , considers that the objectives and the content of the programme should be strengthened , the council shall , in its opinion , invite the member state concerned to adjust its programme .


### the council shall carry out the examination of the convergence programme within at most three months of the submission of the programme . the council , on a recommendation from the commission and after consulting the economic and financial committee , shall , if necessary , deliver an opinion on the programme . where the council , in accordance with article 121 of the treaty , considers that the objectives and the content of the programme should be strengthened with particular reference to prudent fiscal - policy making , the council shall , in its opinion , invite the member state concerned to adjust its programme . ' ### the council shall carry out the examination of the convergence programme within at most three months of the submission of the programme . the council , on a recommendation from the commission and after consulting the economic and financial committee , the employment committee and the social protection committee , shall , if necessary , deliver an opinion on the programme . where the council , in accordance with articles 9 and 121 tfeu , considers that the objectives and the content of the programme should be strengthened with particular reference to efficient and sustainable fiscal - policy making , the council shall , in its opinion , invite the member state concerned to adjust its programme .


### as part of multilateral surveillance in accordance with article 121 of the treaty , the council shall monitor the implementation of stability programmes , on the basis of information provided by participating member states and of assessments by the commission and the economic and financial committee , in particular with a view to identifying actual or expected significant divergences of the budgetary position from the medium - term budgetary objective , or from the appropriate adjustment path towards it ensuing from deviations from prudent fiscal - policy making . ### as part of multilateral surveillance in accordance with article 121 of the treaty , the council shall monitor the implementation of stability programmes , on the basis of information provided by member states whose currency is the euro and of assessments by the commission , the economic and financial committee , the employment committee and the social protection committee , in particular with a view to identifying actual or expected significant divergences of the budgetary position from the medium - term budgetary objective , or from the appropriate adjustment path towards .


### in the event of a significant deviation from prudent fiscal - policy making referred in the fourth subparagraph of article 5 of this regulation , and in order to prevent the occurrence of an excessive deficit , the commission , in accordance with article 121 of the treaty may address a warning to the member state concerned . ### in the event of a significant deviation from medium term budgetary objectives , and in order to prevent the occurrence of an excessive deficit or surplus , the commission , in accordance with article 121 of the treaty may address a warning to the member state concerned .


### the council shall furthermore examine whether the contents of the convergence programme facilitate the closer coordination of economic policies and whether the economic policies of the member state concerned are consistent with the broad guidelines of economic policies of the member states and of the union . in addition , for erm2 member states , the council shall examine whether the content of the convergence programme ensure a smooth participation in the exchange rate mechanism . ### the council shall furthermore examine whether the contents of the convergence programme facilitate the closer coordination of economic policies and whether the economic policies of the member state concerned are consistent with article 9 tfeu , in particular with regard to the promotion of a high level of employment , the guarantee of adequate social protection and the fight against social exclusion , the union’s growth and jobs objectives , the broad guidelines of economic policies of the member states and of the union and the guidelines for the employment policies of the member states . in addition , for erm2 member states , the council shall examine whether the content of the convergence programme ensure a smooth participation in the exchange rate mechanism .


### article 21 of the treaty on european union provides that the union is to define and pursue common policies and actions , and work for a high degree of cooperation in all fields in international relations in order , inter alia , to encourage the integration of all countries into the world economy , including through the progressive abolition of restrictions on international trade . ### article 21 of the treaty on european union provides that the union is to define and pursue common policies and actions , and work for a high degree of cooperation in all fields in international relations in order , inter alia , to encourage the integration of all countries into the world economy , including through the progressive abolition of restrictions on international trade ; pursuant to the same article the union should promote democracy , the rule of law , the universality and indivisibility of human rights and fundamental freedoms , respect for human dignity , the principles of equality and solidarity and the respect for the principles of the united nations charter and international law ; the cooperation in the field of international relations should serve to foster the sustainable economic , social and environmental development of developing countries , with the primary aim of eradicating poverty ;


### when assessing whether a lack of substantial reciprocity exists , the commission should examine to what degree public procurement laws of the country concerned ensure transparency in line with international standards in the field of public procurement and preclude any discrimination against union goods , services and economic operators . in addition , it should examine to what degree public authorities and / or individual procuring entities maintain or adopt discriminatory practices against union goods , services and economic operators . ### when assessing whether a lack of substantial reciprocity exists , the commission should examine to what degree public procurement laws of the country concerned ensure transparency in line with international standards in the field of public procurement and preclude any discrimination against union goods , services and economic operators . in addition , it should examine to what degree public authorities and / or individual procuring entities maintain or adopt discriminatory practices against union goods , services and economic operators , or jeopardizes the eu economic interests for instance in the field of industry .


### in view of the greater difficulty for contracting authorities / entities to assess , in the context of tenders comprising goods and / or services originating outside the european union , in which the value of the non - covered goods or services exceeds 50 % of the total value of these goods or services , the explanations of tenderers it is appropriate to provide for an increased transparency in the treatment of abnormally low tenders . in addition to the rules provided by article 69 of the directive on public procurement and article 79 of the directive on procurement by entities operating in the water , energy , transport and postal services sectors the contracting authority / entity that intends to accept such an abnormally low tender , should inform the other tenderers of this in writing including the reasons for the abnormally low character of the price or costs charged . this allows these tenderers to contribute to a more accurate assessment as to whether the successful tenderer will be able to fully perform the contract under the conditions spelled out in the tender documentation . therefore , this additional information would achieve a more level playing field on the eu public procurement market . ### in view of the greater difficulty for contracting authorities / entities to assess , in the context of tenders comprising goods and / or services originating outside the european union , in which the value of the non - covered goods or services exceeds 50 % of the total value of these goods or services , the explanations of tenderers it is appropriate to provide for an increased transparency in the treatment of abnormally low tenders . in addition to the rules provided by article 69 of the directive on public procurement and article 79 of the directive on procurement by entities operating in the water , energy , transport and postal services sectors the contracting authority / entity that intends to accept such an abnormally low tender , should inform the other tenderers of this in writing including the reasons for the abnormally low character of the price or costs charged . special attention should be paid to the respect of international labour , social and environmental law , including fundamental international conventions , such as ilo 94 . this allows these tenderers to contribute to a more accurate assessment as to whether the successful tenderer will be able to fully perform the contract under the conditions spelled out in the tender documentation . therefore , this additional information would achieve a more level playing field on the eu public procurement market .


### where the commission has , on the basis of information available to it , reason to believe that a third country has adopted or maintains a restrictive procurement practice , it should be able to start an investigation . if the existence of a restrictive procurement practice in a third country is confirmed the commission should invite the country concerned to enter into consultations with a view to improving the tendering opportunities for economic operators , goods and services in public procurement in that country . ### where the commission has , on the basis of information available to it , reason to believe that a third country has adopted or maintains a restrictive procurement practice or continues to violate fundamental workers ' rights and international law , including fundamental international conventions , including ilo 94 , in the field of labour , social and environmental law , it should be able to start an investigation . if the existence of a restrictive procurement practice or of the above mentioned violations in a third country is confirmed the commission should invite the country concerned to enter into consultations with a view to improving the tendering opportunities for economic operators , goods and services in public procurement in that country .


### such measures may entail the mandatory exclusion of certain third - country goods and services from public procurement procedures in the european union , or may subject tenders made up of goods or services originating in that country to a mandatory price penalty . to avoid circumvention of these measures , it may also be necessary to exclude certain foreign - controlled or owned juridical persons established in the european union , that are not engaged in substantive business operations such that it has a direct and effective link with the economy of a member state concerned . appropriate measures should not be disproportionate to the restrictive procurement practices to which they respond . ### such measures may entail the mandatory exclusion of certain third - country goods and services from public procurement procedures in the european union , or may subject tenders made up of goods or services originating in that country to a mandatory price penalty . to avoid circumvention of these measures , it may also be necessary to exclude certain foreign - controlled or owned juridical persons established in the european union , that are not engaged in substantive business operations such that it has a direct and effective link with the economy of a member state concerned . appropriate measures should not be disproportionate to the restrictive procurement practices to which they respond . they should in particular take into account possible negative impacts on the social , labour and environmental situation in the country concerned , in particular in case of developing countries .


### it is imperative that contracting authorities / entities have access to a range of high - quality products meeting their purchasing requirements at a competitive price . therefore contracting authorities / entities should be able to set aside measures limiting access of non - covered goods and services in case there are no union and / or covered goods or services available which meet the requirements of the contracting authority / entity to safeguard essential public needs for example health and public safety , or application of the measure would lead to a disproportionate increase in the price or costs of the contract . ### it is imperative that contracting authorities / entities have access to a range of high - quality products meeting their purchasing requirements at a competitive price . therefore contracting authorities / entities should be able to set aside measures limiting access of non - covered goods and services in case there are no union and / or covered goods or services available which meet the requirements of the contracting authority / entity to safeguard essential public needs for example health and public safety , including social and environmental sustainability characteristics , or application of the measure would lead to a disproportionate increase in the price or costs of the contract .


### where an agreement referred to in point does not exist and the third country maintains restrictive procurement measures leading to a lack of substantial reciprocity in market opening between the union and the third country concerned . ### where an agreement referred to in point does not exist and the third country maintains restrictive procurement measures leading to a lack of substantial reciprocity in market opening between the union and the third country concerned , notably where those restrictive measures are detrimental to the eu economic interest , such as its industry .


### where the contracting authority / entity intends , under article 69 of the directive on public procurement or under article 79 of the directive on procurement by entities operating in the water , energy , transport and postal services sectors , after verifying the explanations of the tenderer , to accept an abnormally low tender comprising goods and / or services originating outside the union , in which the value of the non - covered goods or services exceeds 50 % of the total value of the goods or services constituting the tender , it shall inform the other tenderers of this in writing , including the reasons for the abnormally low character of the price or costs charged . ### where the contracting authority / entity intends , under article 69 of the directive on public procurement or under article 79 of the directive on procurement by entities operating in the water , energy , transport and postal services sectors , after verifying the explanations of the tenderer , to accept an abnormally low tender comprising goods and / or services originating outside the union , in which the value of the non - covered goods or services exceeds 50 % of the total value of the goods or services constituting the tender , it shall inform the other tenderers of this in writing , including the reasons for the abnormally low character of the price or costs charged , referring in particular to the respect of fundamental workers ' rights and international law , including fundamental international conventions , including ilo 94 , in the field of labour , social and environmental law , notably to avoid any social or environmental or taxation dumping .


### when it is found as a result of an investigation that restrictive procurement measures are maintained by a third country and the commission considers it to be justified by the eu interest , the commission shall invite it to enter into consultations with a view to ensuring that union economic operators , goods and services can participate in tendering procedures for the award of public procurement contracts in that country on the conditions no less favourable than those accorded to national economic operators , goods and services of that country and also with a view also to ensuring the application of the principles of transparency and equal treatment . ### when it is found as a result of an investigation that restrictive procurement measures or violations regarding the respect of fundamental workers ' rights and international law , including fundamental international conventions , including ilo 94 , in the field of labour , social and environmental law , are maintained by a third country and the commission considers it to be justified by the eu interest , the commission shall invite it to enter into consultations with a view to ensuring that union economic operators , goods and services can participate in tendering procedures for the award of public procurement contracts in that country on the conditions no less favourable than those accorded to national economic operators , goods and services of that country and also with a view also to ensuring the application of the principles of transparency and equal treatment .


### where it is found in an investigation pursuant to article 8 , and after following the procedure foreseen in article 9 , that restrictive procurement measures adopted or maintained by that third country leads to an lack of substantial reciprocity in market opening between the union and the third country as referred to in article 6 , the commission may adopt implementing acts to temporarily limit the access of non - covered goods and services originating in a third country . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 17 . ### where it is found in an investigation pursuant to article 8 , and after following the procedure foreseen in article 9 , that restrictive procurement measures adopted or maintained by that third country leads to an lack of substantial reciprocity in market opening between the union and the third country or the non - respect of fundamental workers ' rights and international law , including fundamental international conventions , including ilo 94 , in the field of labour , social and environmental law as referred to in article 6 , the commission may adopt implementing acts to temporarily limit the access of non - covered goods and services originating in a third country . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 17 .


### the exclusion of tenders of which more than 50 % of the total value is made up of non - covered goods or services originating in the country adopting or maintaining a restrictive procurement practice ; and / or ### the exclusion of tenders of which more than 50 % of the total value is made up of non - covered goods or services originating in the country adopting or maintaining a restrictive procurement practice and / or concerned by the non - respect of fundamental workers ' rights and international law , including fundamental international conventions , including ilo 94 , in the field of labour , social and environmental law ; and / or


### a mandatory price penalty on that part of the tender consisting of non - covered goods or services which originate in the country adopting or maintaining a restrictive procurement practice . ### a mandatory price penalty on that part of the tender consisting of non - covered goods or services which originate in the country adopting or maintaining a restrictive procurement practice and / or concerned by the non - respect of fundamental workers ' rights and international law , including fundamental international conventions , including ilo 94 , in the field of labour , social and environmental law .