### in the light of the results of the evaluation conducted by the commission on the reform of public procurement rules it is appropriate to exclude from the full application of this directive only those services which have a limited cross - border dimension , namely the so - called services to the person such as certain social , health and educational services . these services are provided within a particular context that varies widely amongst member states , due to different cultural traditions . a specific regime should therefore be established for concession for these services which takes into account the fact that they are newly regulated . an obligation to publish a prior information notice and a concession award notice of any concession with a value equal to or greater than thresholds established in this directive is an adequate way to provide information on business opportunities to potential tenderers as well as on the number and type of contracts awarded to all interested parties . furthermore , member states should put in place appropriate measures with reference to the award of concession contracts for these services aimed at ensuring compliance with the principles of transparency and equal treatment of economic operators while allowing contracting authorities and contracting entities to take into account the specificities of the services in question . member states should ensure that contracting authorities and contracting entities may take into account the need to ensure quality , continuity , accessibility , availability and comprehensiveness of the services , the specific needs of different categories of users , the involvement and empowerment of users and innovation . ### in the light of the results of the evaluation conducted by the commission on the reform of public procurement rules it is appropriate to exclude from the full application of this directive those services which have a limited cross - border dimension , namely the so - called services to the person such as certain social , health and educational services . these services are provided within a particular context that varies widely amongst member states , due to different cultural traditions . a specific regime should therefore be established for concession for these services which takes into account the fact that they are newly regulated . an obligation to publish a prior information notice and a concession award notice of any concession with a value equal to or greater than thresholds established in this directive is an adequate way to provide information on business opportunities to potential tenderers as well as on the number and type of contracts awarded to all interested parties . furthermore , member states should put in place appropriate measures with reference to the award of concession contracts for these services aimed at ensuring compliance with the principles of transparency and equal treatment of economic operators while allowing contracting authorities and contracting entities to take into account the specificities of the services in question . member states should ensure that contracting authorities and contracting entities may take into account the need to ensure quality , continuity , accessibility , availability and comprehensiveness of the services , the specific needs of different categories of users , the involvement and empowerment of users and innovation .


### arbitration and conciliation services ; ### arbitration and conciliation services , legal services and notarial services ;


### financial services in connection with the issue , sale , purchase or transfer of securities or other financial instruments within the meaning of directive 2004 / 39 / ec of the european parliament and of the council , central bank services and operations conducted with the european financial stability facility ; ### financial services in connection with the issue , sale , purchase or transfer of securities or other financial instruments within the meaning of directive 2004 / 39 / ec of the european parliament and of the council , central bank services and operations conducted with the european financial stability facility as well as operations to raise money or capital for the contracting authority ;


### financial services in connection with the issue , sale , purchase or transfer of securities or other financial instruments within the meaning of directive 2004 / 39 / ec of the european parliament and of the council , central bank services and operations conducted with the european financial stability facility ; ### financial services in connection with the issue , sale , purchase or transfer of securities or other financial instruments within the meaning of directive 2004 / 39 / ec of the european parliament and of the council , central bank services and operations conducted with the european financial stability facility as well as transactions to raise money or capital for the contracting authority ;


### such an authority or entity exercises over the legal person concerned a control which is similar to that which it exercises over its own departments ; ### such an authority or entity exercises over the legal person concerned a control which is similar to that which it exercises over its own departments ; this shall be deemed to be the case where it exercises a decisive influence over both strategic objectives and significant decisions of the controlled legal person ; with a view to determining whether such control is being exercised , account may also be taken of factors such as the level of representation on administrative , management or supervisory bodies , the relevant provisions of the articles of association or the ownership arrangements ; it is not a mandatory requirement that the controlled legal person be wholly owned by the contracting authority or entity ;


### the contracting authorities or entities as referred to in paragraph 1 subparagraph 1 of article 4 exercise jointly over the legal person a control which is similar to that which it exercises over its own departments ; ### the contracting authorities or entities as referred to in paragraph 1 subparagraph 1 of article 4 exercise jointly over the legal person a control which is similar to that which it exercises over its own departments ; this shall be deemed to be the case where it exercises a decisive influence over both strategic objectives and significant decisions of the controlled legal person ; with a view to determining whether such control is being exercised , account may also be taken of factors such as the level of representation on administrative , management or supervisory bodies , the relevant provisions of the articles of association or the ownership arrangements ; it is not a mandatory requirement that the controlled legal person be wholly owned by the contracting authority or entity ;


### contracting authorities shall specify , in the concession notice the conditions for participation relating to : ### contracting authorities shall specify , in the concession notice , in the invitation to submit tenders or in the conditions for participation , a description of the concession and the award criteria relating to :


### member states shall adopt rules combating favouritism , corruption and preventing conflicts of interest , aimed at ensuring the transparency of the award procedure and the equal treatment of all tenderers . ### member states shall adopt rules combating fraud , favouritism and corruption and preventing conflicts of interest , aimed at ensuring the transparency of the award procedure and the equal treatment of all tenderers .


### member states ' competent public authorities introduce various restriction measures on these new psychoactive substances to address the risks that they pose or may pose when consumed . as new psychoactive substances are often used in the production of various goods or of other substances which are used for manufacturing goods , such as medicines , industrial solvents , cleaning agents , goods in the hi - tech industry , restricting their access for this use can have an important impact on economic operators , potentially disrupting their business activities in the internal market . ### member states ' competent public authorities introduce various restriction measures on these new psychoactive substances to address the risks that they pose or may pose when consumed . as new psychoactive substances are often used for scientific research and development purposes and in the production of various goods or of other substances which are used for manufacturing goods , such as medicines , industrial solvents , cleaning agents , goods in the hi - tech industry , restricting their access for this use can have an important impact on economic operators , potentially disrupting their business activities in the internal market and can also impede sustainable scientific research and development .


### the increasing number of new psychoactive substances available in the internal market , their growing diversity , the speed with which they emerge on the market , the different risks that they may pose when consumed by humans and the growing number of individuals who consume them , challenge the capacity of public authorities to provide effective responses to protect public health and safety without hampering the functioning of the internal market . ### the increasing number of new psychoactive substances available in the internal market , their growing diversity , the speed with which they emerge on the market , the different risks that they may pose when consumed by humans , the growing number of individuals who consume them and the lack of general public knowledge and awareness about the risks associated with their consumption , challenge the capacity of public authorities to provide effective responses to protect public health and safety without hampering the functioning of the internal market .


### such disparities are expected to increase as member states continue to pursue divergent approaches to addressing new psychoactive substances . therefore , the obstacles to trade and market fragmentation , and the lack of legal clarity and of a level playing field are expected to increase , further hindering the functioning of the internal market . ### such disparities are expected to increase as member states continue to pursue divergent approaches to addressing new psychoactive substances . therefore , the obstacles to trade and market fragmentation , and the lack of legal clarity and of a level playing field are expected to increase , further hindering the functioning of the internal market and the protection of public health and safety .


### certain new psychoactive substances pose immediate public health risks , requiring urgent action . therefore , their availability to consumers should be restricted for a limited time , pending their risk assessment . ### certain new psychoactive substances pose immediate public health risks , requiring urgent action . therefore , their availability to consumers should be restricted for a sufficient period of time , pending their risk assessment .


### the mechanism for rapid exchange of information on new psychoactive substances has proved to be a useful channel for sharing information on new psychoactive substances , on new trends in the use of controlled psychoactive substances and on related public health warnings . that mechanism should be further strengthened to enable a more effective response to the rapid emergence and spread of new psychoactive substances across the union . ### the mechanism for rapid exchange of information on new psychoactive substances has proved to be a useful channel for sharing information on new psychoactive substances , on new trends in the use of controlled psychoactive substances and on related public health warnings . that mechanism should be further strengthened to enable a more effective response to the rapid emergence and spread of new psychoactive substances across the union , as well as to raise the level of public awareness about the risks associated with their use for any purposes , other than commercial , industrial or scientific .


### prevention , treatment and harm reduction measures are important for addressing the growing use of new psychoactive substances and their potential risks . the internet , which is one of the important distribution channels through which new psychoactive substances are sold , should be used for disseminating information on the health , social and safety risks that they pose . ### prevention , treatment and harm reduction measures are important for addressing the growing use of new psychoactive substances and their potential risks . the internet , which is one of the important distribution channels through which new psychoactive substances are advertised and sold , should be used for disseminating information on the health , social and safety risks that they pose , and for the prevention of misuse and abuse .


### the prevalence and patterns of use of the new psychoactive substance in the general population and in specific groups , in particular frequency , quantities and modality of use , its availability to consumers and the potential for diffusion , which indicate that the scale of the risk is considerable . ### the prevalence and patterns of use of the new psychoactive substance in the general population and in specific groups , in particular frequency , quantities and modality of use , its availability to consumers and the potential for diffusion , which indicate that the scale of the risk is moderate or considerable .


### the harm to health caused by the consumption of the new psychoactive substance associated with its acute and chronic toxicity , abuse liability and dependence - producing potential , in particular injury , disease , and physical and mental impairment ; ### the harm to health caused by the consumption of the new psychoactive substance associated with its acute and chronic toxicity , abuse liability and dependence - producing potential , in particular injury , disease , aggression , and physical and mental impairment ;


### in order to facilitate the management of community funding , to help accelerate the investment in the member states and regions and to increase the impact of the funding on the economy , it is necessary to further simplify the rules governing cohesion policy . ### in order to facilitate the management of union funding , to help accelerate the investment in the member states and regions and to increase the impact of the funding on the economy , it is also necessary to further simplify the rules governing the european regional development fund , the european social fund and the cohesion fund , at union and national level .


### in order to facilitate the management of community funding , to help accelerate the investments in the member states and regions and to increase the impact of the funding on the economy it is necessary to further simplify the rules governing cohesion policy . ### in order to facilitate the management of union funding , to help accelerate the investments in the member states and regions and to boost the impact of the funding on the economy and the creation of sustainable jobs ensuring participation in society , it is necessary to further simplify the rules governing cohesion policy .


### where it is objectively not possible to estimate the revenue in advance , the net revenue generated within five years of the completion of an operation shall be deducted from the expenditure declared to the commission . ### where it is objectively not possible or technically reliable to estimate the revenue in advance , the net revenue generated within five years of the completion of an operation shall be deducted from the expenditure declared to the commission .


### medicinal products containing ephedrine or pseudoephedrine should therefore be controlled without impeding their legitimate trade . ### medicinal products should also be controlled systematically and in the same way as other scheduled substances , without impeding their legitimate trade . from now on , they should therefore be considered to be substances likely to be scheduled .


### ' scheduled substance ' means any substance used for the illicit manufacture of narcotic drugs or psychotropic substances and listed in the annex , including mixtures and natural products containing such substances . this excludes natural products and mixtures which contain scheduled substances and which are compounded in such a way that the scheduled substances cannot be easily used or extracted by readily applicable or economically viable means and medicinal products within the meaning of article 1 of directive 2001 / 83 / ec of the european parliament and of the council ; ### ' scheduled substance ' : means any substance used for the illicit manufacture of narcotic drugs or psychotropic substances and listed in the annex , including mixtures and natural products containing such substances , and medicinal products . this excludes natural products and mixtures which contain scheduled substances and which are compounded in such a way that the scheduled substances cannot be easily used or extracted by readily applicable or economically viable means and medicinal products within the meaning of article 1 of directive 2001 / 83 / ec of the european parliament and of the council ; '


### however , exports of scheduled substances listed in category 3 of the annex shall only be subject to an export authorisation where pre - export notifications are required , or where those substances are exported to certain countries of destination . the commission shall be empowered to adopt delegated acts in accordance with article 30b to determine the list of such countries of destination in order to ensure an appropriate level of control . ### exports of all scheduled substances listed in the annex that require a customs declaration , including exports of scheduled substances leaving the customs territory of the union following their storage in a free zone of control type i or free warehouse for a period of at least 10 days , shall be subject to an export authorisation .


### draft legislative resolution ### considers that the proposal for a regulation of the european parliament and of the council , by drastically reducing the margin under the ceiling of heading 4 of multiannual financial framework 2007 - 2013 , does not leave sufficient room for manoeuvre to face and to react adequately to a potential upcoming crisis ;


### draft legislative resolution ### considers that , due to the long standing issue concerning trade in bananas , the proposed measures could have been integrated at an earlier stage into the mff ;


### draft legislative resolution ### reiterates its conviction that any new instrument should not be financed through redeployment as this would jeopardise the existing priorities ;


### draft legislative resolution ### recalls that the flexibility instrument aims at financing ' clearly identified expenditure which could not be financed within the limits of the ceilings1 ' , and considers bananas to be accompanying measures falling into that category ; ____________ 1 point 27 of the iia of 17 may 2006 .


### draft legislative resolution ### considers therefore that the proposal is not compatible with the ceiling for heading 4 of the mff , and calls for the revision of the latter by all means provided for by points 21 to 23 of the iia of 17 may 2006 , or by other means such as those included in points 25 and 27 ;


### during the transition from stage iii a to stage iii b , the percentage of the number of engines placed on the market under the flexibility scheme should be increased from 20% to 50% of the tractor manufacturer ' s annual sales of tractors with engines in that category . the optional alternative that a maximum number of engines may be placed on the market under the flexibility scheme should be adapted accordingly . ### during the transition from stage iii a to stage iii b the maximum number of engines that may be placed on the market under the flexibility scheme should not exceed 20% of the tractor manufacturer ' s annual sales of tractors with engines in that category . the optional alternative should be that a maximum number of engines may be placed on the market under the flexibility scheme not exceeding the values contained in the table in annex i , point 1 . 2 . 2 .


### 4 . the tractor manufacturer shall provide the approval authority with any information connected with the implementation of the flexibility scheme that the approval authority may request necessary to make a decision . ### 4 . the tractor manufacturer shall provide the approval authority with any necessary information connected with the implementation of the flexibility scheme that the approval authority may request necessary to make a decision .


### 5 . the tractor manufacturer shall file a report every six months to the approval authorities of each member state , where the tractor or engine is put on the market , on the implementation of the flexibility schemes he is using . the report shall include cumulative data on the number of engines and tractors placed on the market under the flexibility scheme , engine and tractor serial numbers , and the member states where the tractor has been entered into service . this procedure shall be continued as long as a flexibility scheme is still in progress . ### 5 . the tractor manufacturer shall file a report every six months to the approval authorities of each member state , where the tractor or engine is put on the market , on the implementation of the flexibility schemes he is using . the report shall include cumulative data on the number of engines and tractors placed on the market under the flexibility scheme , engine and tractor serial numbers , and the member states where the tractor has been entered into service . this procedure shall be continued as long as a flexibility scheme is still in progress without any exceptions .


### in order to help consumers compare payment account fees throughout the single market easily , payment service providers should provide consumers with a list of fees charged for the services listed in the standardised terminology . this would also contribute towards establishing a level playing field between credit institutions competing in the payment account market . the fee information document should only contain information on the most representative payment services in each member state , using the terms and definitions established at eu level where relevant . in order to help consumers understand the fees they have to pay for their payment account , a glossary providing explanations for at least the fees and services contained in the list should be made available to them . the glossary should serve as a useful tool to encourage a better understanding of the meaning of fees , contributing towards empowering consumers to choose from a wider choice of payment account offers . an obligation should also be introduced for payment service providers to inform consumers , at least annually , of all the fees charged on their account . ex - post information should be provided in a dedicated summary . it should provide a complete overview of the fees incurred to enable a consumer to understand what fee expenditures relate to , and to assess the need to either modify consumption patterns or move to another provider . this benefit would be maximised by the ex - post fee information covering the same services as the ex - ante information . ### in order to help consumers compare payment account fees throughout the single market easily , payment service providers should provide consumers with a list of fees charged for the services listed in the standardised terminology as well as , where applicable , all other services linked to the account . this would also contribute towards establishing a level playing field between credit institutions competing in the payment account market . the fee information document should be based on standardised terminology regarding the most representative payment services in each member state , using the terms and definitions established at eu level where applicable . in order to help consumers understand the fees they have to pay for their payment account , a glossary providing explanations for all fees and services contained in the list should be made available to them . the glossary should serve as a useful tool to encourage a better understanding of the meaning of fees , contributing towards empowering consumers to choose from a wider choice of payment account offers . an obligation should also be introduced for payment service providers to inform consumers , at least annually , of all the fees charged and the interest earned and paid on their account . ex - post information should be provided in a dedicated summary . it should provide a complete overview of the fees incurred and the interest earned and paid to enable a consumer to understand what fee expenditures and interests relate to , and to assess the need to either modify consumption patterns or move to another provider . this benefit would be maximised by the ex - post fee information covering the same services as the ex - ante information . to consumers who ask for it , the statement of fees should be sent in paper format . otherwise , the statement could be distributed electronically .


### in order to help consumers compare payment account fees throughout the single market easily , payment service providers should provide consumers with a list of fees charged for the services listed in the standardised terminology . this would also contribute towards establishing a level playing field between credit institutions competing in the payment account market . the fee information document should only contain information on the most representative payment services in each member state , using the terms and definitions established at eu level where relevant . in order to help consumers understand the fees they have to pay for their payment account , a glossary providing explanations for at least the fees and services contained in the list should be made available to them . the glossary should serve as a useful tool to encourage a better understanding of the meaning of fees , contributing towards empowering consumers to choose from a wider choice of payment account offers . an obligation should also be introduced for payment service providers to inform consumers , at least annually , of all the fees charged on their account . ex - post information should be provided in a dedicated summary . it should provide a complete overview of the fees incurred to enable a consumer to understand what fee expenditures relate to , and to assess the need to either modify consumption patterns or move to another provider . this benefit would be maximised by the ex - post fee information covering the same services as the ex - ante information . ### in order to help consumers compare payment account fees throughout the single market easily , payment service providers should provide consumers with a list of fees charged for the services listed in the standardised terminology . this would also contribute towards establishing a level playing field between credit institutions competing in the payment account market . the fee information document should only contain information on the most representative payment services in each member state , using the terms and definitions established at eu level where relevant . in order to help consumers understand the fees they have to pay for their payment account , a glossary providing explanations for at least the fees and services contained in the list should be made available to them . the glossary should serve as a useful tool to encourage a better understanding of the meaning of fees , contributing towards empowering consumers to choose from a wider choice of payment account offers . an obligation should also be introduced for payment service providers to inform consumers , at least annually , of all the fees charged on their account . the practical implementation of such obligation for payment service providers should take account of the fact that certain consumers might not have a fixed address . for those consumers paper - based information would not be delivered . ex - post information should be provided in a dedicated summary . it should provide a complete overview of the fees incurred to enable a consumer to understand what fee expenditures relate to , and to assess the need to either modify consumption patterns or move to another provider . this benefit would be maximised by the ex - post fee information covering the same services as the ex - ante information .


### in order to obtain impartial information on bank fees , consumers should be able to access comparison websites which are operationally independent from payment service providers . member states should therefore ensure that at least one such website is available to consumers in their respective territories . such comparison websites may be operated by competent authorities , other public authorities and / or accredited private operators . member states should establish a voluntary accreditation scheme allowing private operators of comparison websites to apply for accreditation in accordance with specified quality criteria . a comparison website operated by a competent authority or other public authority should be established where a privately operated website has not been accredited . such websites should also comply with the quality criteria . ### in order to obtain impartial information on fees charged and interest rates applied on payment accounts , consumers should have free of charge access to comparison websites which are financially and operationally independent from payment service providers . member states should therefore ensure that at least one such website is available to consumers in their respective territories . such comparison websites may be operated by competent authorities , other public authorities and / or accredited private operators . member states should establish a voluntary accreditation scheme allowing private operators of comparison websites to apply for accreditation in accordance with specified quality criteria . a comparison website operated by a competent authority or other public authority should be established where a privately operated website has not been accredited . such websites should also comply with the quality criteria . in order for consumers to get easy access to comparison websites also in other member states , a union web portal containing links to all national level websites should be established .


### in order to obtain impartial information on bank fees , consumers should be able to access comparison websites which are operationally independent from payment service providers . member states should therefore ensure that at least one such website is available to consumers in their respective territories . such comparison websites may be operated by competent authorities , other public authorities and / or accredited private operators . member states should establish a voluntary accreditation scheme allowing private operators of comparison websites to apply for accreditation in accordance with specified quality criteria . a comparison website operated by a competent authority or other public authority should be established where a privately operated website has not been accredited . such websites should also comply with the quality criteria . ### in order to obtain impartial information on bank fees , consumers should be able to access comparison websites which are operationally independent from payment service providers . member states should therefore ensure that at least one such website is available to consumers in their respective territories . such comparison websites may be operated by competent authorities , other public authorities and / or accredited private operators . member states should establish a voluntary accreditation scheme allowing private operators of comparison websites to apply for accreditation in accordance with specified quality criteria . a comparison website operated by a competent authority or other public authority should be established where a privately operated website has not been accredited . such websites should also comply with the quality criteria . in order to facilitate the overview of fees charged by payment services providers in the european union , the european commission shall establish an up - to - date , independent , accurate , reliable and consumer - friendly portal providing all links to the accredited comparison websites in the respective member states .


### in order to obtain impartial information on bank fees , consumers should be able to access comparison websites which are operationally independent from payment service providers . member states should therefore ensure that at least one such website is available to consumers in their respective territories . such comparison websites may be operated by competent authorities , other public authorities and / or accredited private operators . member states should establish a voluntary accreditation scheme allowing private operators of comparison websites to apply for accreditation in accordance with specified quality criteria . a comparison website operated by a competent authority or other public authority should be established where a privately operated website has not been accredited . such websites should also comply with the quality criteria . ### in order to obtain impartial information on bank fees , consumers should be able to access comparison websites which are operationally independent from payment service providers . member states should therefore ensure that at least one such website is available to consumers in their respective territories . such comparison websites may be operated by competent authorities , other public authorities and / or accredited private operators . member states should establish a voluntary accreditation scheme allowing private operators of comparison websites to apply for accreditation in accordance with specified quality criteria . a comparison website operated by a competent authority or other public authority should be established where a privately operated website has not been accredited . such websites should also comply with the quality criteria . in order to facilitate the overview of fees charged by payment services providers in the union , the commission should establish an up - to - date , independent , accurate , reliable and consumer - friendly portal providing all links to the accredited comparison websites in the respective member states .


### consumers who are legally resident in the union and who do not hold a payment account in a certain member state should be in a position to open and use a payment account with basic features in that member state . in order to ensure the widest possible access to such accounts , consumers should have access to them irrespective of their financial circumstances , such as unemployment or personal bankruptcy , and of their place of residence . moreover , the right to access a payment account with basic features in any member state should be granted in conformity with the requirements set out in directive 2005 / 60 / ec of the european parliament and of the council of 26 october 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing16 , in particular with regard to customer due diligence procedures . __________________ 16 oj l 309 , 25 . 11 . 2005 , p . 15 . ### consumers who are legally resident in the union and who do not hold a payment account in a certain member state should be in a position to open and use a payment account with basic features in that member state . in order to ensure the widest possible access to such accounts , consumers should have access to them irrespective of their financial circumstances , such as in particular their employment status , their level and regularity of income , personal bankruptcy , credit history or personal history , and of their place of residence . today , it is necessary for consumers to have access to a bank account to enable them to have effective and full participation in the financial and social community . consumers without a bank account are forced to use cash which not only restricts their choice of payment methods and serves to exclude them from electronic transactions , but is also more expensive . moreover , the right to access a payment account with basic features in any member state should be granted in conformity with the requirements set out in directive 2005 / 60 / ec of the european parliament and of the council of 26 october 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing16 , in particular with regard to customer due diligence procedures . __________________ 16 oj l 309 , 25 . 11 . 2005 , p . 15 .


### consumers should be guaranteed access to a range of basic payment services , for which a minimum number of operations shall be determined by member states in a way that should take into account both the needs of the consumers and the commercial practices in the member state concerned . beyond this list of minimum services , banks may apply their regular fees . services linked to basic payment accounts should include the facility to deposit and withdraw money . consumers should be able to undertake essential payment transactions such as receiving income or benefits , paying bills or taxes and purchasing goods and services , including via direct debit , credit transfer and the use of a payment card . such services should allow the purchase of goods and services online and should give consumers the opportunity to initiate payment orders via the payment service provider ' s online banking facility , where available . however , a payment account with basic features should not be restricted to online usage as this would create an obstacle for consumers without internet access . consumers should not be given access to an overdraft facility with a payment account with basic features . however , member states may allow payment services providers to offer buffering facilities for very small amounts in relation to payment accounts with basic features . ### consumers should be guaranteed access to a range of basic payment services . beyond this list of basic services , banks may apply their regular fees . services linked to basic payment accounts should include the facility to deposit and withdraw money . consumers should be able to undertake essential payment transactions such as receiving income or benefits , paying bills or taxes and purchasing goods and services , including via direct debit , credit transfer and the use of a payment card . such services should allow the purchase of goods and services online and should give consumers the opportunity to initiate payment orders via the payment service provider ' s online banking facility , where available . however , a payment account with basic features should not be restricted to online usage as this would create an obstacle for consumers without internet access . consumers should not be given access to an overdraft facility with a payment account with basic features . however , member states may allow payment services providers to offer buffering facilities for very small amounts in relation to payment accounts with basic features . as long as a payment account with basic features is operated by the consumer for personal use , there should be no limits to the number of operations to be provided to the consumer under the specific pricing rules of this account .


### consumers should be guaranteed access to a range of basic payment services , for which a minimum number of operations shall be determined by member states in a way that should take into account both the needs of the consumers and the commercial practices in the member state concerned . beyond this list of minimum services , banks may apply their regular fees . services linked to basic payment accounts should include the facility to deposit and withdraw money . consumers should be able to undertake essential payment transactions such as receiving income or benefits , paying bills or taxes and purchasing goods and services , including via direct debit , credit transfer and the use of a payment card . such services should allow the purchase of goods and services online and should give consumers the opportunity to initiate payment orders via the payment service provider ' s online banking facility , where available . however , a payment account with basic features should not be restricted to online usage as this would create an obstacle for consumers without internet access . consumers should not be given access to an overdraft facility with a payment account with basic features . however , member states may allow payment services providers to offer buffering facilities for very small amounts in relation to payment accounts with basic features . ### consumers should be guaranteed access to a range of basic payment services . beyond this list of basic services , banks may apply their regular fees . services linked to basic payment accounts should include the facility to deposit and withdraw money . consumers should be able to undertake essential payment transactions such as receiving income or benefits , paying bills or taxes and purchasing goods and services , including via direct debit , credit transfer and the use of a payment card . such services should allow the purchase of goods and services online and should give consumers the opportunity to initiate payment orders via the payment service provider ' s online banking facility , where available . however , a payment account with basic features should not be restricted to online usage as this would create an obstacle for consumers without internet access . consumers should not be given access to an overdraft facility with a payment account with basic features . however , member states may allow payment services providers to offer buffering facilities for very small amounts in relation to payment accounts with basic features . provided that a payment account with basic features is operated by the consumer for personal use , there should be no limits to the number of operations to be provided to the consumer under the specific pricing rules of this account .


### ‘ transferring payment service provider’ means the payment service provider from which the information on all or some recurrent payments is transferred ; ### ' transferring payment service provider ' means the payment service provider from which the consumer switches the payment account ;


### ‘ receiving payment service provider’ means the payment service provider to which the information on all or some recurrent payments is transferred ; ### ' receiving payment service provider ' means the payment service provider to which the consumer switches the payment account ;


### ‘ switching’ means , upon a consumer ' s request , transferring from one payment service provider to another the information about all or some standing orders for credit transfers , recurring direct debits and recurring incoming credit transfers executed on a payment account , with or without transferring the positive account balance from one payment account to the other or closing the former account ; ### ‘ switching’ means , upon a consumer ' s request , transferring from one payment service provider to another the information about all or some standing orders for credit transfers , recurring direct debits and recurring incoming credit transfers executed on a payment account , with or without transferring the positive account balance from one payment account to the other or closing the former account ; only an account with a positive or nil balance may be subject to switching ;


### ‘ credit transfer’ means a national or cross - border payment service for crediting a payee ' s payment account with a payment transaction or a series of payment transactions from a payer ' s payment account by the payment service provider which holds the payer ' s payment account , based on an instruction given by the payer ; ### ' credit transfer ' means a payment service for crediting a payee ' s payment account with a payment transaction or a series of payment transactions from a payer ' s payment account by the payment service provider which holds the payer ' s payment account , based on an instruction given by the payer ;


### member states shall ensure that the competent authorities referred to in article 20 , determine a provisional list of at least 20 payment services accounting for at least 80% of the most representative payment services subject to a fee at national level . the list shall contain terms and definitions for each of the services identified . ### member states shall ensure that the competent authorities referred to in article 20 , determine a provisional list of at least 15 payment services accounting for at least 90% of the most representative payment services , subject to a fee or offered free of charge , at national level . the list , to be made clear and concise , shall contain terms and definitions for each of the services identified .


### the total amount of fees incurred for all services provided during the relevant period . ### the total amount of fees incurred for all services or packages of services provided during the relevant period .


### be operationally independent of any payment service provider ; ### be operationally independent of any payment service provider ; information on the owner and provider of the website should be easily available and visible ;


### be operationally independent of any payment service provider ; ### be independent of any payment service provider ; information on the owner and provider of the website shall be easily available and visible ;


### transmit to the receiving payment service provider and , if specifically requested by the consumer pursuant to paragraph 2 , to the consumer a list of all existing standing orders for credit transfers and debtor driven direct debit mandates ; ### providing the consumer with a comprehensive summary list of all existing standing orders for credit transfers and debtor driven direct debit mandates and asking for confirmation for transmitting them to the receiving payment service provider ;


### transmit to the receiving payment service provider and , if specifically requested by the consumer pursuant to paragraph 2 , to the consumer a list of all existing standing orders for credit transfers and debtor driven direct debit mandates ; ### provide the consumer with a comprehensive summary list of all existing standing orders for credit transfers and debtor driven direct debit mandates and ask for confirmation for transmitting them to the receiving payment service provider ;


### member states shall ensure that any financial loss incurred by the consumer resulting from the non - compliance of a payment service provider involved in the switching process with its obligations under article 10 is refunded by that payment service provider . ### member states shall ensure that any financial loss incurred by the consumer resulting from the non - compliance of a payment service provider involved in the switching process with its obligations under article 10 is refunded without undue delay by that payment service provider . the burden of proof shall rest with the payment service provider , which shall demonstrate that the conditions laid down in article 10 have been respected .


### member states shall ensure that at least one payment service provider in their territory offers a payment account with basic features to consumers . member states shall ensure that payment accounts with basic features are not only offered by payment service providers that provide the account solely with online banking facilities . ### member states shall ensure that payment service providers who operate branches or establishments in the respective territory and whose product range includes , in principle , payment accounts with features as specified in article 16 , offer a payment account with basic features to consumers . member states shall ensure that payment accounts with basic features are not only offered by payment service providers that provide the account solely with online banking facilities . member states may exempt payment service providers operating on a non - profit basis , or requiring membership on defined criteria , such as profession , from the requirements set out in paragraph 1 .


### member states shall ensure that consumers legally resident in the union have the right to open and use a payment account with basic features with the payment service provider or providers identified pursuant to paragraph 1 . such a right shall apply irrespective of the consumer ' s place of residence . member states shall ensure that the exercise of the right is not made excessively difficult or burdensome for the consumer . before opening the payment account with basic features , payment service providers shall verify whether the consumer holds or does not hold a payment account in their territory . ### member states shall ensure that consumers legally resident in the union have the right to open and use a payment account with basic features with the payment service provider or providers identified pursuant to paragraph 1 . such a right shall apply irrespective of the consumer ' s place of residence . member states shall ensure that the exercise of the right is not made excessively difficult or burdensome for the consumer . before opening the payment account with basic features , payment service providers shall verify by asking the consumer to sign a declaration of honour , whether the consumer holds or does not hold a payment account in their territory .


### member states shall ensure that consumers legally resident in the union have the right to open and use a payment account with basic features with the payment service provider or providers identified pursuant to paragraph 1 . such a right shall apply irrespective of the consumer ' s place of residence . member states shall ensure that the exercise of the right is not made excessively difficult or burdensome for the consumer . before opening the payment account with basic features , payment service providers shall verify whether the consumer holds or does not hold a payment account in their territory . ### member states shall ensure that consumers legally resident in the union have the right to open and use a payment account with basic features . such a right shall apply irrespective of the consumer ' s place of residence . member states shall ensure that the exercise of the right is not made difficult or burdensome for the consumer . before opening the payment account with basic features , payment service providers shall verify , by asking the consumer to sign a declaration of honour , whether the consumer holds or does not hold a payment account in their territory .


### member states shall ensure that , in the cases indicated in paragraph 3 , the payment service provider immediately informs the consumer of the refusal , in writing and free of charge , unless such disclosure would be contrary to the objectives of national security or public policy . ### member states shall ensure that , in the cases indicated in paragraph 3 , the payment service provider immediately informs the consumer of the refusal and the reason for it , in writing and free of charge , unless such disclosure would be contrary to the objectives of national security or public policy .


### member states shall determine , for all the services referred to in paragraph 1 , a minimum number of operations which will be provided to the consumer for the fee , if any , referred to in article 17 . the minimum number of operations shall be reasonable and in line with the common commercial practice in the member state concerned . ### member states shall ensure that , as long as a payment account with basic features is operated by the consumer for personal use , there are no limits to the number of operations which will be provided to the consumer under the specific pricing rules set out in article 17 .


### member states shall determine , for all the services referred to in paragraph 1 , a minimum number of operations which will be provided to the consumer for the fee , if any , referred to in article 17 . the minimum number of operations shall be reasonable and in line with the common commercial practice in the member state concerned . ### member states shall ensure that , provided that a payment account with basic features is operated by the consumer for personal use , there are no limits to the number of operations which will be provided to the consumer under the specific pricing rules set out in article 17 .


### member states shall ensure that payment service providers make available to consumers information about the specific features of the payment account with basic features on offer , their associated fees and their conditions of use . member states shall also ensure that the consumer is informed that the purchase of additional services is not compulsory to access a payment account with basic features . ### member states shall ensure that payment service providers actively make available to consumers information about the specific features of the payment account with basic features on offer , their associated fees and the conditions of use in writing and on their websites in easily accessible form . member states shall also ensure that the consumer is informed that the purchase of additional services is not compulsory to access a payment account with basic features .


### the authorities referred to in paragraph 1 shall possess all the powers necessary for the performance of their duties . where more than one competent authority is empowered to ensure and monitor effective compliance with this directive , member states shall ensure that those authorities collaborate closely so that they can discharge their respective duties effectively . ### the authorities referred to in paragraph 1 shall possess all the powers necessary for the performance of their duties . where more than one competent authority is empowered to ensure and monitor effective compliance with this directive , member states shall ensure that those authorities collaborate closely so that they can discharge their respective duties effectively . those authorities shall closely cooperate with the competent authorities of other member states to ensure the correct and full application of the measures established in this directive .


### the authorities referred to in paragraph 1 shall possess all the powers necessary for the performance of their duties . where more than one competent authority is empowered to ensure and monitor effective compliance with this directive , member states shall ensure that those authorities collaborate closely so that they can discharge their respective duties effectively . ### the authorities referred to in paragraph 1 shall possess all the powers necessary for the performance of their duties . those authorities shall regularly consult with relevant stakeholders , including consumers ' representatives , to ensure and monitor effective compliance with this directive . where more than one competent authority is empowered to ensure and monitor effective compliance with this directive , member states shall ensure that those authorities collaborate closely so that they can discharge their respective duties effectively . those authorities shall closely cooperate with the competent authorities of other member states to ensure the correct and full application of the measures provided for in this directive .


### the union ' s policy and international action for development cooperation are guided by the mdgs , such as the eradication of extreme poverty and hunger , including any subsequent modifications thereto , and by the development objectives and principles approved by the union and its member states , including in the context of their cooperation within the united nations and other competent international organisations in the field of development cooperation . ### the union ' s policy and international action for development cooperation are guided by the mdgs , such as the eradication of extreme poverty and hunger , including any subsequent modifications thereto , and by the development objectives and principles approved by the union and its member states , including in the context of their cooperation within the united nations and other competent international organisations in the field of development cooperation . in concert with the united nations industrial development organization , the union should help develop north - south and south - south industrial cooperation through investment , capacity - building , technology transfer and sustainable industrial development that helps developing countries draw advantage from the globalisation process .


### union assistance should focus where it has more impact , having regard to its capacity to act on a global scale and respond to global challenges such as poverty eradication , sustainable and inclusive development and worldwide promotion of democracy , good governance , human rights and the rule of law , its long - term and predictable commitment to development assistance and its role in coordinating with its member states . to ensure such impact , the principle of differentiation should be applied not only at the level of funds allocation , but also at the level of programming , to ensure that bilateral development cooperation targets partner countries most in need , including fragile states and states with high vulnerability , and with limited capacity to have access to other sources of financing for supporting their own development , having regard to the potential impact of the union assistance in partner countries . as a consequence , bilateral programming would target such countries , pursuant to the application of objective criteria based on the needs and capacities of these countries , as well as the impact of eu assistance . ### union assistance should focus where it has more impact , having regard to its capacity to act on a global scale and respond to global challenges such as poverty eradication , sustainable and inclusive development and worldwide promotion of democracy , good governance , human rights and the rule of law , its long - term and predictable commitment to development assistance and its role in coordinating with its member states . to ensure such impact , the principle of differentiation should be applied not only at the level of funds allocation , but also at the level of programming , to ensure that bilateral development cooperation targets partner countries most in need , including fragile states and states with high vulnerability , and with limited capacity to have access to other sources of financing for supporting their own development , having regard to the potential impact of the union assistance in partner countries . for countries no longer eligible for country - specific geographical programmes , provision should be made for phasing out assistance through a gradual approach , paying special attention to the needs of particularly vulnerable population groups and bearing in mind that some of those countries will also cease to enjoy the commercial advantages of the generalised system of preferences , meaning they will be affected twice as badly .


### bilaterally with partner countries set out in annex iii . ### on a country by country basis with partner countries set out in annex iii and , where appropriate , for a transitional period , with other partner countries set out in annex i .


### measures in and in relation to third countries supported through this instrument should be taken in synergy and coherence with other actions outside the union supported through union external assistance instruments , both geographic and thematic . in particular , in implementing such actions full coherence should be sought with the principles and general objectives of the union external action and foreign policy related to the country or region in question . they should not be intended to support actions directly development - oriented and they should complement , when appropriate , the financial assistance provided through external aid instruments . coherence will also be sought with the union humanitarian policy , in particular as regards the implementation of emergency measures . ### measures in and in relation to third countries supported through this instrument should be taken in synergy and coherence with other actions outside the union supported through union external assistance instruments , both geographic and thematic . in particular , in implementing such actions full coherence should be sought with the principles and general objectives of the union external action and foreign policy related to the country or region in question . they should not be intended to support actions directly development - oriented and they should complement , when appropriate , the financial assistance provided through external aid instruments . coherence will also be sought with the union humanitarian policy , in particular as regards the implementation of emergency measures . to this end , a working group should be set up by the commission in accordance with regulation no . . . . / 2012 [ horizontal regulation ] to ensure optimum coordination between the various european services and stakeholders .


### proposal for a decision of the european parliament and of the council on the deployment of the interoperable eu - wide ecall ### proposal for a decision of the european parliament and of the council on the deployment of the interoperable eu - wide ecall based on the 112 service


### as experienced with other emergency calls systems , manually triggered ecalls may include a share of assistance calls . if necessary , member states may implement all appropriate technical and organisational means in order to filter these assistance calls to ensure that only real emergency calls are handled by ecall psaps . ### as experienced with other emergency calls systems , manually triggered ecalls may include a share of assistance calls . if necessary , member states may implement appropriate technical and organisational means in order to filter these assistance calls to ensure that only real emergency calls are handled by ecall psaps .


### the treaty on the functioning of the european union now requires the european parliament and the council to lay down the rules and general principles concerning mechanisms for control by member states of the commission ' s exercise of implementing powers . ### the treaty on the functioning of the european union now requires the european parliament and the council to lay down in advance the rules and general principles concerning mechanisms for control by member states of the commission ' s exercise of implementing powers .


### decision 1999 / 468 / ec should be repealed . in order to ensure the transition between the regime provided for in decision 1999 / 468 / ec and this regulation , any reference in existing legislation to the procedures provided for in that decision should , with the exception of the regulatory procedure with scrutiny provided for in article 5a thereof , be understood as a reference to the corresponding procedures provided for in this regulation . the effects of article 5a of decision 1999 / 468 / ec should be maintained for the purposes of existing basic acts which refer to that article . ### decision 1999 / 468 / ec should be repealed . references in existing basic acts to the procedures provided for in that decision should be adapted in the shortest possible time , and in any event no later than . . . * , to the new rules on delegated and implementing powers set out in articles 290 and 291 of the treaty on the functioning of the european union . pending that adaptation , in order to ensure the transition between the regime provided for in decision 1999 / 468 / ec and this regulation , the procedures provided for in this regulation should provisionally apply where existing legislation makes reference to the procedures provided for in that decision , with the exception of the regulatory procedure with scrutiny provided for in article 5a thereof , which should continue to apply provisionally . _____________ * two years from the entry into force of this regulation .


### this regulation lays down the rules and general principles governing the mechanisms which shall apply in cases where a legally binding union act requires that the adoption of binding implementing acts by the commission be subject to the control of member states . ### this regulation lays down the rules and general principles governing the mechanisms which shall apply in cases where a legally binding union act requires that , where uniform conditions for the implementation of legally binding union acts are needed , the adoption of such binding implementing acts by the commission be subject to the control of member states .


### if the draft measures are in accordance with the opinion of the committee , the commission shall adopt these measures , unless exceptional circumstances or new elements have arisen which would justify the measures not being adopted . in such cases , the chairperson may submit to the committee a new draft of the measures to be taken . ### if the draft measures are in accordance with the opinion of the committee , the commission shall , without prejudice to article 6a , adopt these measures , unless exceptional circumstances or new elements have arisen which would justify the measures not being adopted . in such cases , the chairperson may submit to the committee a new draft of the measures to be taken .


### if no opinion is delivered , the commission may adopt the draft measures . where the commission does not adopt the draft measures , the chairperson may submit to the committee an amended version of the draft measures . ### if no opinion is delivered , the commission may , without prejudice to article 6a , adopt the draft measures . where the commission does not adopt the draft measures , the chairperson may submit to the committee an amended version of the draft measures .


### by derogation from paragraph 3 , the commission may adopt draft measures which are not in accordance with the opinion of the committee where their non adoption within an imperative deadline would create a significant disruption of the markets or a risk for the security or safety of humans or for the financial interests of the union . ### by derogation from paragraph 3 , the commission may , without prejudice to article 6a , adopt draft measures which are not in accordance with the opinion of the committee where their non - adoption within an imperative deadline would create a significant disruption of the markets or a risk for the security or safety of humans or for the financial interests of the union .


### in the case of the examination procedure , where the measures are not in accordance with the opinion of the committee pursuant to article 5 , the commission shall repeal the measures adopted in accordance with paragraph 2 . ### in the case of the examination procedure , where the measures are not in accordance with the opinion of the committee pursuant to article 5 , the commission shall repeal the measures adopted in accordance with paragraph 2 of this article .


### the agendas of committee meetings , ### the agendas of committee meetings , to be made available within a reasonable time in advance of the meetings ,


### the summary records , together with the lists of the authorities and organisations to which the persons designated by the member states to represent them belong , ### the summary records , together with the lists of the authorities and organisations to which the persons designated by the member states to represent them belong , as well as any minutes which are available ,


### the results of voting , ### the detailed results of voting , including the explanations of vote by individual member states ,


### decision 1999 / 468 / ec shall be repealed . the effects of article 5a of the repealed decision shall be maintained for the purposes of existing basic acts making reference thereto . ### decision 1999 / 468 / ec shall be repealed with effect from . . . * . _____________ * two years from the entry into force of this regulation .


### adaptation of existing basic acts where basic acts adopted before the entry into force of this regulation provide for the exercise of implementing powers by the commission in accordance with decision 1999 / 468 / ec , the following rules shall apply : references to article 3 of decision 1999 / 468 / ec shall be understood as references to article 4 of this regulation ; references to articles 4 and 5 of decision 1999 / 468 / ec shall be understood as references to article 5 of this regulation ; references to article 6 of decision 1999 / 468 / ec shall be understood as references to article 6 of this regulation ; references to articles 7 and 8 of decision 1999 / 468 / ec shall be understood as references to article 8 of this regulation . 2 . articles 3 and 7 of this regulation shall apply to all existing committees . ### transitional measures pending the adaptation , in accordance with article 9a , of basic acts adopted before the entry into force of this regulation providing for the exercise of implementing powers by the commission in accordance with decision 1999 / 468 / ec , the following rules shall apply : where the basic act makes reference to article 3 of decision 1999 / 468 / ec , the advisory procedure referred to in article 4 of this regulation shall apply ; where the basic act makes reference to articles 4 and 5 of decision 1999 / 468 / ec , the examination procedure referred to in article 5 of this regulation shall apply ; where the basic act makes reference to article 6 of decision 1999 / 468 / ec , article 6 of this regulation shall apply ; where the basic act makes reference to articles 7 and 8 of decision 1999 / 468 / ec article 8 of this regulation shall apply . 2 . articles 3 and 7 of this regulation shall apply to all existing committees for the purposes of paragraph 1 .


### references to articles 7 and 8 of decision 1999 / 468 / ec shall be understood as references to article 8 of this regulation . ### references to article 7 of decision 1999 / 468 / ec shall be understood as references to article 8 of this regulation .


### actions which fall within the scope of this regulation should respect fundamental rights and observe the principles acknowledged in particular by the charter of fundamental rights of the european union . such actions should be in conformity with any legal obligation and with ethical principles , which include avoiding any kind of plagiarism . ### actions which fall within the scope of this regulation should respect fundamental rights and observe the principles acknowledged in particular by the charter of fundamental rights of the european union . such actions should be in conformity with any legal obligation , with ethical principles as well as principles of research integrity , which include avoiding any kind of fabrication of data and plagiarism .


### in line with the objectives of international cooperation as set out in articles 180 and 186 tfeu , the participation of legal entities established in third countries and of international organisations should be promoted . the implementation of these rules should be in conformity with the measures adopted in accordance with articles 75 and 215 tfeu and be in compliance with international law . moreover , the implementation of these rules should duly take into account conditions for the participation of union entities in third countries ' programmes . ### in line with the objectives of international cooperation as set out in articles 180 and 186 tfeu , the participation of legal entities established in third countries and of international organisations should be promoted . the implementation of these rules should be in conformity with the measures adopted in accordance with articles 75 and 215 tfeu and be in compliance with international law . moreover , the implementation of these rules should duly take into account conditions for the participation of union entities in third countries ' programmes . by means of ensuring that funding dispersed under horizon 2020 does not contradict core eu values , and to encourage coherence with eu foreign and development policy , specific rules are laid down applicable to third countries with reasonably grounded suspicions of human rights violations , involvement in armed conflicts or territorial conflicts .


### it is appropriate to establish the terms and conditions for providing union funding for participants in actions under horizon 2020 . in order to reduce the complexity of the existing funding rules and have a higher flexibility in the project implementation , a simplified cost reimbursement system should be adopted with enhanced use of lump sums , flat rates and scale of unit costs . for simplification purposes , a single reimbursement rate should be applied for each type of action with no differentiation according to the type of participant . ### it is appropriate to establish the terms and conditions for providing union funding for participants in actions under horizon 2020 . in order to reduce the complexity of the existing funding rules , a simplified cost reimbursement system should be adopted with enhanced use of lump sums , flat rates , scale of unit costs as well as the option to declare costs actually incurred for non - profit legal entities with analytical accounting and detailed costs allocation systems .


### in order to enhance transparency , the names of experts that have assisted the commission or relevant funding bodies in application of this regulation should be published . where the publication of the name would endanger the security or integrity of the expert or would unduly prejudice his or her privacy , the commission or funding bodies should be able to refrain from the publication of such names . ### in order to enhance transparency , the names of experts that will assist the commission or relevant funding bodies in the application of this regulation by evaluating proposed projects on the basis of an accepted assessment scale should be published . the evaluations should be made available to the coordinator of the research team . where the publication of the name would endanger the security or integrity of the expert or would unduly prejudice his or her privacy , the commission or funding bodies should be able to refrain from the publication of such names .


### a funding body may establish rules which depart from those laid down in this regulation or regulation no xx / 2012 [ the financial regulation ] if this is provided for in the basic act or , subject to the consent of the commission , if its specific operating needs so require . ### the eit may establish rules which depart from those laid down in this regulation or regulation no xx / 2012 [ the financial regulation ] if this is provided for in the basic act or , subject to the consent of the commission , if its specific operating needs so require , in particular in relation to ownership , access rights and exploitation and dissemination of results .


### ' background’ means any data , know - how and / or information whatever their form or nature as well as any rights such as intellectual property rights which are held by participants prior to their accession to the action and identified by the participants in accordance with article 42 ; ### ' background’ means tangible resource such as prototypes , as well as any data , know - how and / or information whatever their form or nature as well as any rights such as intellectual property rights which are held by participants prior to their accession to the action and identified by the participants in accordance with article 42 ;


### in actions under the activity ‘ secure societies’ within the specific objective ‘ inclusive , innovative and secure societies’ , the commission may make available to union institutions and bodies or member states ' national authorities any useful information in its possession on results of a participant that has received union funding . ### in actions under the specific objective ' protecting freedom and security in europe ' , the commission may make available to union institutions and bodies or member states ' national authorities any useful information in its possession on results of a participant that has received union funding . the commission rules on security should be included in the relevant grant agreement .


### the relevant work programme or work plan may exclude entities not able to provide satisfactory security guarantees , including as regards personnel security clearance if justified by security reasons . ### the relevant work programme or work plan may exclude entities not able to provide satisfactory security or intellectual property protection guarantees , including as regards personnel security clearance if justified by security reasons .


### joint calls for proposals with third countries or their scientific and technological organisations and agencies or with international organisations may be launched to jointly fund actions . proposals shall be evaluated and selected through joint evaluation and selection procedures to be agreed upon . such evaluation and selection procedures shall ensure compliance with the principles set out in title vi of regulation xx / 2012 [ financial regulation ] and involve a balanced group of independent experts appointed by each party . ### joint calls for proposals with third countries or their scientific and technological organisations and agencies or with international organisations may be launched to jointly fund actions in areas of a clear european added value . proposals shall be evaluated and selected through joint evaluation and selection procedures to be agreed upon . such evaluation and selection procedures shall ensure compliance with the principles set out in title vi of regulation xx / 2012 [ financial regulation ] and involve a balanced group of independent experts appointed by each party .


### the proposals submitted shall be evaluated on the basis of the following award criteria : ### the proposals submitted shall be evaluated on the basis of award criteria such as the following :


### excellence ; ### excellence , on the basis of an evaluation of the research facilities in accordance with article&#160 ; 2 point 17a ;


### impact ; ### the research achievements of the team members ;


### quality and efficiency of the implementation . ### cost of implementation .


### proposals shall be ranked according to the evaluation results . the selection shall be made on the basis of this ranking . ### proposals shall be ranked according to the evaluation results on the basis of the proposed numerical assessment scale . the same topic or a similar one may be given independently to two different research teams in order to enhance competitiveness .


### the grant agreement shall , where appropriate , reflect the general principles laid down in commission recommendation on the european charter for researchers and the code of conduct for the recruitment of researchers . ### the grant agreement shall , where appropriate , reflect the general principles laid down in commission recommendation on the european charter for researchers and the code of conduct for the recruitment of researchers . it will in particular include activities to promote the balanced representation of men and women in research teams and to ensure an adequate integration of the gender perspective in research content .


### specific grants for actions may form part of a framework partnership according to the provisions of regulation no xx / 2012 [ the financial regulation ] and regulation no [ the delegated regulation ] . ### in exceptional and duly justified cases specific grants for actions may form part of a framework partnership according to the provisions of regulation no xx / xx [ the financial regulation ] and regulation no xx / xx [ the delegated regulation ] .


### the commission or the relevant funding body may establish a secure electronic system for exchanges with the participants . a document submitted by means of this system , including grant agreements , shall be deemed to be the original of that document where the user identification and password of the participant ' s representative have been used . such identification shall constitute the signature of the document concerned . ### the commission shall establish a secure electronic system as the single entry point for exchanges with the participants . a document submitted by means of this system , including grant agreements , shall be deemed to be the original of that document where the user identification and password of the participant ' s representative have been used . such identification shall constitute the signature of the document concerned .


### third parties other than subcontractors may carry out part of a participant ' s work under the action , provided that the third party and the work to be carried out by it are identified in the grant agreement . ### budgeting for a potential number of third parties who may carry out part of the research work requires that their involvement be identified in the grant agreement .


### participants shall comply with national legislation , regulations and ethical rules in the countries where the action will be carried out . where appropriate , participants shall seek the approval of the relevant national or local ethics committees prior to the start of the action . ### participants shall comply with national legislation , regulations , ethical rules and principles of research integrity in the countries where the action will be carried out . where appropriate , participants shall seek the approval of the relevant national or local ethics committees prior to the start of the action .


### the consortium may propose to add or remove a participant in accordance with the respective provisions of the grant agreement , provided that this change is in conformity with the conditions for participation , does not adversely affect the implementation of the action and is not contrary to the principle of equal treatment . ### the consortium may propose to add or remove a participant or change a coordinator in accordance with the respective provisions of the grant agreement and the consortium agreement , provided that this change is in conformity with the rules for participation , does not adversely affect the implementation of the action and is not contrary to the principle of equal treatment .


### eligible personnel costs shall only cover the actual hours worked by the persons directly carrying out work under the action . the evidence regarding the actual hours worked shall be provided by the participant , normally through a time recording system . ### eligible personnel costs shall cover the hours worked by the persons directly carrying out work under the action


### auditable historical data of the participant . ### auditable historical data of the participants .


### an action for which a grant from the union budget has been awarded may also give rise to the award of a grant on the basis of regulation no xx / xx [ horizon 2020 ] provided that the grants do not cover the same cost items . ### an action for which a grant from the union budget has been awarded may also give rise to the award of a grant on the basis of regulation no xx / xx [ horizon 2020 ] provided that the grants create added value for research and innovation and do not cover the same cost items .


### the design of the union research and innovation policy including the preparation of future programmes . ### the development of the union research and innovation policy including the preparation of future programmes .


### independent experts shall be chosen on the basis of skills , experience and knowledge appropriate to carry out the tasks assigned to them . in cases where independent experts have to deal with classified information , the appropriate security clearance shall be required before appointment . ### independent experts shall be chosen on the basis of skills , experience and knowledge appropriate to carry out the tasks assigned to them . in cases where independent experts have to deal with classified information , the appropriate security clearance shall be required before appointment . gender balance shall be taken into account in the appointment of independent experts .


### independent experts shall be chosen on the basis of skills , experience and knowledge appropriate to carry out the tasks assigned to them . in cases where independent experts have to deal with classified information , the appropriate security clearance shall be required before appointment . ### independent experts shall be chosen from the list referred to in paragraph 1 on the basis of skills , experience and knowledge appropriate to carry out the tasks assigned to them . in cases where independent experts have to deal with classified information , the appropriate security clearance shall be required before appointment .


### independent experts shall be identified and selected on the basis of calls for applications from individuals and calls addressed to relevant organisations such as national research agencies , research institutions , standardisation organisations or enterprises with a view to establishing a database of candidates . ### independent experts shall be identified and selected on the basis of the scientific disciplines featured in the applications addressed to relevant organisations such as national research agencies , research institutions , standardisation organisations or enterprises with a view to establishing a database of candidates .


### the appointment of the experts may take the form of a framework appointment valid for the entire duration of horizon 2020 with specific assignments of tasks . ### the appointment of the experts shall take place by the end of 2013 , at the latest , and may take the form of a framework appointment valid for the entire duration of horizon 2020 with specific assignments of tasks comprising a preliminary assessment of the project , an assessment of its implementation , and a final assessment .


### the names of experts appointed in a personal capacity , who have assisted the commission or the funding bodies in implementation of regulation no xx / xx horizon 2020 and decision no xx / xx / eu [ the specific programme ] , shall be published at least once a year on the internet site of the commission or the funding body . the names of experts shall be collected , processed and published in accordance with regulation no 45 / 2001 . ### the names of the independent experts – together with the scientific disciplines that they represent – who have assisted the commission or the funding bodies in implementation of regulation no xx / xx horizon 2020 and decision no xx / xx / eu [ the specific programme ] , shall be published following their appointment in the period prior to the commencement of horizon 2020 , and the lists shall subsequently be updated at least once a year on the internet site of the commission or the funding body . the names of experts shall be collected , processed and published in accordance with regulation no 45 / 2001 .


### unless otherwise agreed in the joint ownership agreement , each joint owner shall be entitled to grant non - exclusive licences to third parties to exploit the jointly owned results , without any right to sub - licence , subject to the following conditions : ### unless otherwise agreed in the joint ownership agreement , each joint owner shall be entitled to use the jointly owned results as it sees fit for internal research non - commercial purposes on a non - exclusive and royalty - free basis , and to commercially exploit and to grant non - exclusive licences to third parties to exploit the jointly owned results , without any right to sub - licence , subject to the following conditions :


### each participant that has received union funding shall use its best efforts to exploit the results it owns in further research or commercially , or to have them exploited by another legal entity for these purposes , in particular through transfer and licensing of results in accordance with article 41 . ### each participant that has received union funding shall use its best efforts to exploit the results it owns in further research or commercially , or to have them exploited by another legal entity for these purposes , in particular through transfer and licensing of results in accordance with article 41 . this could be done for instance through activities such as standardization .


### without prejudice to confidentiality obligations arising from laws or regulations in the case of mergers and acquisitions , where other participants still enjoy access rights to the results to be transferred , the participant who intends to transfer the results shall give prior notice to those other participants , together with sufficient information concerning the intended new owner of the results to permit the other participants to analyse the effect of the intended transfer on the possible exercise of their access rights . ### without prejudice to confidentiality obligations arising from laws or regulations in the case of mergers and acquisitions , where other participants still enjoy access rights or may still request the granting of access rights to the results to be transferred , the participant who intends to transfer the results shall give prior notice to those other participants , together with sufficient information concerning the intended new owner of the results to permit the other participants to analyse the effect of the intended transfer on the possible exercise of their access rights .


### provided that any access rights to the results can be exercised and that any additional exploitation obligations are complied with , the participant who owns results may grant licences or otherwise give the right to exploit them to any legal entity , including on an exclusive basis . ### provided that any access rights to the results can be exercised and that any additional exploitation obligations are complied with by the participant who owns results , that participant may grant licences or otherwise give the right to exploit the results to any legal entity , including on an exclusive basis . exclusive licences for results may be granted subject to written confirmation by all the other participants concerned that they waive their access rights thereto .


### in the case of actions to support existing or new research infrastructures , the grant agreement may lay down specific provisions relating to users of the infrastructure . ### in the case of actions to support existing or new research infrastructures or institutes , the grant agreement may lay down specific provisions relating to the use of the infrastructure or institute .


### the progress axis , which shall support the development , implementation , monitoring and evaluation of union employment and social policy and legislation on working conditions and shall promote evidence - based policy - making and innovation , in partnership with the social partners , civil society organisations and other interested parties ; ### the progress axis , which shall support the development , implementation , monitoring and evaluation of union employment and social policy and legislation on working conditions and shall promote evidence - based policy - making and innovation , in partnership with the social partners , civil society organisations and other interested parties . it shall focus on developing common european strategies to really improve employment and social policy and working conditions in europe ;


### promote workers’ geographical mobility and boost employment opportunities by developing union labour markets that are open and accessible to all ; ### consolidate the single market by promoting workers’ geographical mobility and boost employment opportunities by developing union labour markets that are open and accessible to all by respecting and guaranteeing freedom of movement and workers’ rights throughout the territory of the european union ;


### two years after the expiry of the programme at the latest , the commission shall carry out an ex - post evaluation measuring its impact and union added value and shall forward a report on that evaluation to the european parliament , the council , the european economic and social committee and the committee of the regions . ### one year after the expiry of the programme at the latest , the commission shall carry out an ex - post evaluation measuring its impact and union added value and shall forward a report on that evaluation to the european parliament , the council , the european economic and social committee and the committee of the regions . following the evaluation , the commission may recommend continuation of the programme , two years after expiry thereof at the latest .


### the international financial institutions and , where relevant , the fund managers shall send the commission annual implementation reports setting out the activities granted support and covering their financial implementation and the allocation and accessibility of funding and investment by sector and type of beneficiary , applications accepted or rejected and contracts concluded by the public and private bodies concerned , actions funded and the results , including in terms of social impact , employment creation and sustainability of the businesses support granted . ### the international financial institutions and , where relevant , the fund managers shall send the commission annual implementation reports setting out the activities granted support and covering their financial implementation and the allocation and accessibility of funding and investment by member state , sector and type of beneficiary , applications accepted or rejected and contracts concluded by the public and private bodies concerned , actions funded and the results , including in terms of social impact , employment creation and sustainability of the businesses support granted .


### with the aim of strengthening trade mark protection and combatting counterfeiting more effectively , the proprietor of a registered trade mark should be entitled to prevent third parties from bringing goods into the customs territory of the member state without being released for free circulation there , where such goods come from third countries and bear without authorization a trade mark which is essentially identical to the trade mark registered in respect of such goods . ### with the aim of strengthening trade mark protection and combatting counterfeiting more effectively , the proprietor of a registered trade mark should be entitled to prevent third parties from bringing goods into the customs territory of the member state without being released for free circulation there , where such goods come from third countries and bear without authorization a trade mark which is identical to the trade mark registered in respect of such goods . this should be without prejudice to the union ' s compliance with wto rules , notably with gatt article v on freedom of transit and its right to promote access to medicines for third countries , and more specifically to the production , circulation and distribution of generic medicines in the eu and abroad .


### a trade mark may consist of any signs , in particular words , including personal names , designs , letters , numerals , colours as such , the shape of goods or of their packaging , or sounds , provided that such signs are capable of : ### a trade mark may consist of any signs , in particular words , including personal names , designs , letters , patterns , logos , numerals , colours as such , the shape of goods or of their packaging , or sounds , provided that such signs are capable of :


### a trade mark may consist of any signs , in particular words , including personal names , designs , letters , numerals , colours as such , the shape of goods or of their packaging , or sounds , provided that such signs are capable of : ### a trade mark may consist of any signs , in particular words , including personal names , designs , letters , numerals , colours as such , the shape of goods or of their packaging , or sounds , provided that generally available technology is used and such signs are capable of :


### if it is identical with , or similar to , an earlier trade mark&#160 ; irrespective of whether the goods or services for which it is applied or registered are&#160 ; identical with , similar to or not similar to those for which the earlier trade mark is registered , where the earlier trade mark has a reputation in&#160 ; a member state or , in case of a european trade mark , has a reputation in the union and the use of the later trade mark without due cause would take unfair advantage of , or be detrimental to , the distinctive character or the repute of the earlier trade mark ; ### if it is identical with , or similar to , an earlier trade mark&#160 ; irrespective of whether the goods or services for which it is applied or registered are&#160 ; identical with , similar to or not similar to those for which the earlier trade mark is registered , where the earlier trade mark has a reputation in&#160 ; a substantial part of the territory of the union , which may lie within a single member state or , in case of a european trade mark , has a reputation in the union and the use of the later trade mark without due cause would take unfair advantage of , or be detrimental to , the distinctive character or the repute of the earlier trade mark ;


### affixing in the course of trade a sign identical with or similar to the trade mark on get - up , packaging or other means on which the mark may be affixed ; ### affixing in the course of trade a sign identical with or similar to , as specified in article 5 paragraph 1 of this directive , the trade mark on get - up , packaging or other means on which the mark may be affixed