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### the aim is to supply sufficient food , feed , biomass and other raw - materials , while safeguarding natural resources and enhancing ecosystems services , including coping with and mitigating climate change . the activities shall focus on more sustainable and productive agriculture and forestry systems which are both resource - efficient and resilient , while at the same time developing of services , concepts and policies for thriving rural livelihoods . ### the aim is to supply sufficient food , feed , biomass and other raw - materials , while safeguarding natural resources at the global level and enhancing ecosystems services , including protecting biodiversity and natural habitats , and coping with and mitigating climate change . the activities shall favour systemic approaches and focus on more sustainable and productive agriculture and forestry systems , including organic farming , which are both resource - efficient and resilient , while at the same time developing of services , concepts and policies aimed at ensuring a diversity of food production systems and thriving rural livelihoods .
### effective health promotion , supported by a robust evidence base , prevents disease , improves wellbeing and is cost effective . health promotion and disease prevention also depend on an understanding of the determinants of health , on effective preventive tools , such as vaccines , on effective health and disease surveillance and preparedness , and on effective screening programmes . ### effective health promotion , supported by a robust evidence base , prevents disease , improves mental and physical wellbeing and is cost effective . health promotion and disease prevention also depend on an understanding of the determinants of , and links between , physical and mental health , on effective preventive tools , such as vaccines , on effective health and disease surveillance and preparedness , and on effective screening programmes and early diagnosis .
### the response depends on excellence in research to improve our fundamental understanding of health , disease , disability , development and ageing , and on the seamless and widespread translation of the resulting and existing knowledge into innovative , scalable and effective products , strategies , interventions and services . furthermore , the pertinence of these challenges across europe and in many cases , globally , demands a response characterised by long term and coordinated support for co - operation between excellent , multidisciplinary and multi - sector teams . ### the response depends on excellence in research to improve our fundamental understanding of health , disease , disability , development and ageing , and on the seamless and widespread translation of the resulting and existing knowledge into innovative , scalable and effective prevention , products , strategies , interventions and services . furthermore , the pertinence of these challenges across europe and in many cases , globally , demands a response characterised by long term and coordinated support for co - operation between excellent , multidisciplinary and multi - sector teams .
### effective health promotion , supported by a robust evidence base , prevents disease , improves wellbeing and is cost effective . health promotion and disease prevention also depend on an understanding of the determinants of health , on effective preventive tools , such as vaccines , on effective health and disease surveillance and preparedness , and on effective screening programmes . ### effective health promotion , supported by a robust evidence base , prevents disease , improves mental and physical wellbeing and is cost effective . health promotion and disease prevention also depend on an understanding of the determinants of , and links between , physical and mental health , on effective preventive tools , such as vaccines , on effective health and disease surveillance and preparedness , and on effective screening programmes and early diagnosis .
### the cost of union health and social care systems is rising with care and prevention measures in all ages increasingly expensive , the number of europeans aged over 65 expected to nearly double from 85 million in 2008 to 151 million by 2060 , and those over 80 to rise from 22 to 61 million in the same period . reducing or containing these costs such that they do not become unsustainable depends in part on ensuring the lifelong health and wellbeing of all and therefore on the effective prevention , treatment and management of disease and disability . ### the cost of union health and social care systems is rising with care and prevention measures in all ages increasingly expensive , the number of europeans aged over 65 expected to nearly double from 85 million in 2008 to 151 million by 2060 , and those over 80 to rise from 22 to 61 million in the same period . reducing or containing these costs such that they do not become unsustainable depends in part on better informing and increasing the responsibility of citizens regarding health determinants in order to ensure the lifelong health and wellbeing of all and therefore on the effective prevention , treatment and management of disease and disability .
### member states shall ensure that contracting authorities may take into account the need to ensure quality , continuity , accessibility , availability and comprehensiveness of the services , the specific needs of different categories of users , the involvement and empowerment of users and innovation . member states may also provide that the choice of the service provider shall not be made solely on the basis of the price for the provision of the service . ### member states shall ensure that contracting authorities take into account the need to ensure high quality , continuity , accessibility , affordability , availability and comprehensiveness of the services , the specific needs of different categories of users , including disadvantaged and vulnerable groups , the involvement and empowerment of users and innovation . member states shall provide that the choice of the service provider shall not be made solely on the basis of the price for the provision of the service , but take into account quality and sustainability criteria for social services as set out above .
### member states shall ensure that contracting authorities may take into account the need to ensure quality , continuity , accessibility , availability and comprehensiveness of the services , the specific needs of different categories of users , the involvement and empowerment of users and innovation . member states may also provide that the choice of the service provider shall not be made solely on the basis of the price for the provision of the service . ### member states shall ensure that contracting authorities may take into account the need to ensure quality , continuity , accessibility , availability and comprehensiveness of the services , the specific needs of different categories of users , the involvement and empowerment of users and innovation . they shall ensure that the choice of the service provider is not made solely on the basis of the price for the provision of the service .
### member states shall put in place appropriate procedures for the award of contracts subject to this chapter , ensuring full compliance with the principles of transparency and equal treatment of economic operators and allowing contracting authorities to take into account the specificities of the services in question . ### member states shall put in place appropriate procedures for the award of contracts subject to this chapter , ensuring full compliance with the principles of transparency , non - discrimination and equal treatment of economic operators and allowing contracting authorities to take into account the specificities of the services in question .
### member states shall ensure that contracting authorities may take into account the need to ensure quality , continuity , accessibility , availability and comprehensiveness of the services , the specific needs of different categories of users , the involvement and empowerment of users and innovation . member states may also provide that the choice of the service provider shall not be made solely on the basis of the price for the provision of the service . ### member states shall ensure that contracting authorities take into account the need to ensure high quality , continuity , accessibility , affordability , availability and comprehensiveness of the services , the specific needs of different categories of users , including disadvantaged and vulnerable groups , the involvement and empowerment of users and innovation . member states shall provide that the choice of the service provider shall not be made solely on the basis of the price for the provision of the service , but take into account quality and sustainability criteria for social services as set out above .
### member states shall ensure that contracting authorities may take into account the need to ensure quality , continuity , accessibility , availability and comprehensiveness of the services , the specific needs of different categories of users , the involvement and empowerment of users and innovation . member states may also provide that the choice of the service provider shall not be made solely on the basis of the price for the provision of the service . ### member states shall ensure that contracting authorities may take into account the need to ensure a high level of quality , continuity , accessibility , availability and comprehensiveness of the services , the specific needs of different categories of users , including disadvantages and vulnerable groups , the necessity to promote the participation of smes , the involvement and empowerment of users and innovation . member states may also provide that the choice of the service provider shall not be made solely on the basis of the price for the provision of the service .
### these characteristics may also refer to the specific process of production or provision of the requested works , supplies or services or of any other stage of its life cycle as referred to in point of article 2 . ### more detailed characteristics concerning the specific process of production or provision of the requested works , supplies or services or of any other stage of its life cycle as referred to in point of article 2 may be listed as guidelines but may not exclude any economic operator from participating in the procurement procedure .
### these characteristics may also refer to the specific process of production or provision of the requested works , supplies or services or of any other stage of its life cycle as referred to in point of article 2 . ### more detailed characteristics concerning the specific process of production or provision of the requested works , supplies or services or of any other stage of its life cycle as referred to in point of article 2 may be listed as guidelines but may not exclude any economic operator from participating in the procurement procedure .
### it is of utmost importance to fully exploit the potential of public procurement to achieve the objectives of the europe 2020 strategy for sustainable growth . in view of the important differences between individual sectors and markets , it would however not be appropriate to set general mandatory requirements for environmental , social and innovation procurement . the union legislature has already set mandatory procurement requirements for obtaining specific goals in the sectors of road transport vehicles and office equipment no 106 / 2008 of the european parliament and the council of 15 january 2008 on a community energy - efficiency labelling programme for office equipment ) . in addition , the definition of common methodologies for life cycle costing has significantly advanced . it therefore appears appropriate to continue on that path , leaving it to sector - specific legislation to set mandatory objectives and targets in function of the particular policies and conditions prevailing in the relevant sector and to promote the development and use of european approaches to life - cycle costing as a further underpinning for the use of public procurement in support of sustainable growth . ### it is of utmost importance to fully exploit the potential of public procurement to achieve the objectives of the europe 2020 strategy for sustainable growth . in view of the important differences between individual sectors and markets , it would however not be appropriate to set general mandatory requirements for environmental , social and innovation procurement . the union legislature has already set mandatory procurement requirements for obtaining specific goals in the sectors of road transport vehicles and office equipment no 106 / 2008 of the european parliament and the council of 15 january 2008 on a community energy - efficiency labelling programme for office equipment ) . in addition , the definition of common methodologies for life cycle costing has significantly advanced . it therefore appears appropriate to continue on that path , leaving it to sector - specific legislation to set mandatory objectives and targets in function of the particular policies and conditions prevailing in the relevant sector and to promote the development and use of european approaches to life - cycle costing as a further underpinning for the use of public procurement in support of sustainable growth . furthermore , the possibility to take into account environmental considerations that go beyond minimum or fully harmonized eu - legislation or the like , are welcomed . requirements , award criteria or contract clauses etc . must in all cases be in line with the fundamental principles of eu law .
### the most economically advantageous tender referred to in point of paragraph 1 from the point of view of the contracting authority shall be identified on the basis of criteria linked to the subject - matter of the public contract in question . those criteria shall include , in addition to the price or costs referred to in point of paragraph 1 , other criteria linked to the subject - matter of the public contract in question , such as : ### the most economically advantageous tender referred to in point of paragraph 1 from the point of view of the contracting authority shall be identified on the basis of criteria linked to the subject - matter of the public contract in question . those criteria shall include , in addition to the price , other criteria linked to the subject - matter of the public contract in question , such as :
### what constitutes a sufficient interest and impairment of a right shall be determined by the member states , consistently with the objective of giving the public concerned wide access to justice . to this end , the interest of any non - governmental organisation promoting environmental protection and meeting any requirements under national law shall be deemed sufficient for the purpose of paragraph 2 . ### what constitutes a sufficient interest and impairment of a right shall be determined by the member states , consistently with the objective of giving the public concerned wide access to justice . to this end , the interest of any non - governmental organisation promoting environmental or public health protection and meeting any requirements under national law shall be deemed sufficient for the purpose of paragraph 2 .
### what constitutes a sufficient interest and impairment of a right shall be determined by the member states , consistently with the objective of giving the public concerned wide access to justice . to this end , the interest of any non - governmental organisation promoting environmental protection and meeting any requirements under national law shall be deemed sufficient for the purpose of paragraph 2 . ### what constitutes a sufficient interest and impairment of a right shall be determined by the member states , consistently with the objective of giving the public concerned wide access to justice . to this end , the interest of any non - governmental organisation promoting environmental or public health protection and meeting any requirements under national law shall be deemed sufficient for the purpose of paragraph 2 .
### in order to promote access to information on the environment , in accordance with the aarhus convention on access to information , public participation in decision - making and access to justice in environmental matters , which was approved on behalf of the union by council decision 2005 / 370 / ec of 17 february 2005 on the conclusion , on behalf of the european community , of the convention on access to information , public participation in decision - making and access to justice in environmental matters , the level and quality of information to the public should be improved . in particular , persons likely to be affected by a major accident should be given sufficient information to inform them of the correct action to be taken in that event . in addition to providing information in an active way , without the public having to submit a request , and without precluding other forms of dissemination , it should also be made available permanently and kept up to date on the internet . at the same time there should be appropriate confidentiality safeguards , to address security - related concerns , among others . ### in order to promote access to information on the environment , in accordance with the aarhus convention on access to information , public participation in decision - making and access to justice in environmental matters , which was approved on behalf of the union by council decision 2005 / 370 / ec of 17 february 2005 on the conclusion , on behalf of the european community , of the convention on access to information , public participation in decision - making and access to justice in environmental matters , the level and quality of information to the public should be improved . in particular , persons likely to be affected by a major accident should be given sufficient information to inform them of the correct action to be taken in that event . in addition to providing information in an active way , without the public having to submit a request , and without precluding other forms of dissemination , it should also be made available permanently and kept up to date on the internet . in order to achieve greater transparency , more detailed and comprehensive information , including in the form of documents , should be made available upon request . at the same time there should be appropriate confidentiality safeguards to address security - related concerns , among others , to be provided on a case - by - case basis , in line with the restrictive criteria and conditions set out under the aarhus convention .
### in order to promote access to information on the environment , in accordance with the aarhus convention on access to information , public participation in decision - making and access to justice in environmental matters , which was approved on behalf of the union by council decision 2005 / 370 / ec of 17 february 2005 on the conclusion , on behalf of the european community , of the convention on access to information , public participation in decision - making and access to justice in environmental matters , the level and quality of information to the public should be improved . in particular , persons likely to be affected by a major accident should be given sufficient information to inform them of the correct action to be taken in that event . in addition to providing information in an active way , without the public having to submit a request , and without precluding other forms of dissemination , it should also be made available permanently and kept up to date on the internet . at the same time there should be appropriate confidentiality safeguards , to address security - related concerns , among others . ### in order to promote access to information on the environment , in accordance with the aarhus convention on access to information , public participation in decision - making and access to justice in environmental matters , which was approved on behalf of the union by council decision 2005 / 370 / ec of 17 february 2005 on the conclusion , on behalf of the european community , of the convention on access to information , public participation in decision - making and access to justice in environmental matters , the level and quality of information to the public should be improved . in particular , persons likely to be affected by a major accident should be given sufficient information to inform them of the correct action to be taken in that event . in addition to providing information in an active way , without the public having to submit a request , and without precluding other forms of dissemination , it should also be made available permanently and kept up to date on the internet . in order to achieve greater transparency , more detailed and comprehensive information , including in the form of documents , should be made available upon request . at the same time there should be appropriate confidentiality safeguards to address security - related concerns , among others , to be provided on a case - by - case basis , in line with the restrictive criteria and conditions set out under the aarhus convention .
### in order to promote access to information on the environment , in accordance with the aarhus convention on access to information , public participation in decision - making and access to justice in environmental matters , which was approved on behalf of the union by council decision 2005 / 370 / ec of 17 february 2005 on the conclusion , on behalf of the european community , of the convention on access to information , public participation in decision - making and access to justice in environmental matters , the level and quality of information to the public should be improved . in particular , persons likely to be affected by a major accident should be given sufficient information to inform them of the correct action to be taken in that event . in addition to providing information in an active way , without the public having to submit a request , and without precluding other forms of dissemination , it should also be made available permanently and kept up to date on the internet . at the same time there should be appropriate confidentiality safeguards , to address security - related concerns , among others . ### in order to promote access to information on the environment , in accordance with the aarhus convention on access to information , public participation in decision - making and access to justice in environmental matters , which was approved on behalf of the union by council decision 2005 / 370 / ec of 17 february 2005 on the conclusion , on behalf of the european community , of the convention on access to information , public participation in decision - making and access to justice in environmental matters , the level and quality of information to the public should be improved . in particular , persons likely to be affected by a major accident should be given sufficient information to inform them of the correct action to be taken in that event . in addition to providing information in an active way , without the public having to submit a request , and without precluding other forms of dissemination , it should also be made available permanently and kept up to date on the internet . in order to achieve greater transparency , more detailed and comprehensive information , including in the form of documents , should be made available upon request . at the same time there should be appropriate confidentiality safeguards to address security - related concerns , among others , to be provided on a case - by - case basis , in line with the restrictive criteria and conditions set out under the aarhus convention .
### the commission shall regularly convene a forum composed of representatives of the competent authorities of the member states . the competent authorities and the commission shall cooperate in activities in support of implementation of this directive . ### the commission shall establish and at least annually convene a seveso forum composed of representatives of member states , and an equal representation between the industries concerned , representatives of workers and non - governmental organisations promoting health and environmental protection . that forum shall cooperate with the commission in activities in support of implementation and technical adaptations of this directive . the commission shall obtain the opinion of the seveso forum on the practical arrangements and in particular on the following : the rules of procedure of the forum ; the mandate of the forum considering the points mentioned under paragraph 3 . the commission shall make publicly available the opinions of the forum and shall take these into account for the procedures laid down under this article .
### the period between two site visits shall be based on a systematic appraisal of the major - accident hazards of the establishments concerned and shall not exceed one year for upper - tier establishments and three years for lower - tier establishments . if an inspection has identified an important case of non - compliance with this directive , an additional site visit shall be carried out within six months . ### the period between two site visits shall not exceed one year for upper - tier establishments and three years for lower - tier establishments , unless the competent authority has elaborated an inspection programme based on a systematic appraisal of major - accident hazards of the establishments concerned . if an inspection has identified an important case of non - compliance with this directive , an additional site visit shall be carried out within six months .
### member states shall ensure that , members of the public concerned are able to seek a review in accordance with article 6 of directive 2003 / 4 / ec of the acts or omissions of a competent authority in relation to any request for information pursuant to article 13 or article 21 of this directive . member states shall ensure that , in accordance with the relevant national legal system , members of the public concerned have access to a review procedure before a court of law or another independent and impartial body established by law to challenge the substantive or procedural legality of decisions , acts or omissions relating to cases subject to article 14 where : ### member states shall ensure that , members of the public concerned are able to seek a review in accordance with article 6 of directive 2003 / 4 / ec of the acts or omissions of a competent authority in relation to any request for information pursuant to article 13 or article 21 of this directive . member states shall ensure that , in accordance with the relevant national legal system , members of the public concerned have access to a review procedure before a court of law or another independent and impartial body established by law to challenge the procedural legality of decisions , acts or omissions relating to cases subject to article 14 where :
### the commission shall regularly convene a forum composed of representatives of the competent authorities of the member states . the competent authorities and the commission shall cooperate in activities in support of implementation of this directive . ### the commission shall establish and at least annually convene a seveso forum composed of representatives of member states , and an equal representation between the industries concerned , representatives of workers and non - governmental organisations promoting health and environmental protection . that forum shall cooperate with the commission in activities in support of implementation and technical adaptations of this directive . the commission shall obtain the opinion of the seveso forum on the practical arrangements and in particular on the following : the rules of procedure of the forum ; the mandate of the forum considering the points mentioned under paragraph 3 . the commission shall make publicly available the opinions of the forum and shall take these into account for the procedures laid down under this article .
### any fire or explosion or accidental discharge of a dangerous substance involving a quantity of at least 1 % of the qualifying quantity laid down in column 3 of annex i . ### any fire or explosion or accidental discharge of a dangerous substance involving , a quantity of at least 5 % of the qualifying quantity laid down in column 3 of annex i .
### member states shall ensure that the information referred to in annex v is permanently available to the public , including in an electronic format . the information shall be reviewed and where necessary updated at least once a year . ### member states shall ensure that the information referred to in annex v is permanently available to the public , including in an electronic format . the information shall be reviewed and where necessary updated every three years .
### the commission shall regularly convene a forum composed of representatives of the competent authorities of the member states . the competent authorities and the commission shall cooperate in activities in support of implementation of this directive . ### the commission shall establish and at least annually convene a seveso forum composed of representatives of member states , and an equal representation between the industries concerned , representatives of workers and non - governmental organisations promoting health and environmental protection . that forum shall cooperate with the commission in activities in support of implementation and technical adaptations of this directive . the commission shall obtain the opinion of the seveso forum on the practical arrangements and in particular on the following : the rules of procedure of the forum ; the mandate of the forum considering the points mentioned under paragraph 3 . the commission shall make publicly available the opinions of the forum and shall take these into account for the procedures laid down under this article .
### in order to promote access to information on the environment , in accordance with the aarhus convention on access to information , public participation in decision - making and access to justice in environmental matters , which was approved on behalf of the union by council decision 2005 / 370 / ec of 17 february 2005 on the conclusion , on behalf of the european community , of the convention on access to information , public participation in decision - making and access to justice in environmental matters , the level and quality of information to the public should be improved . in particular , persons likely to be affected by a major accident should be given sufficient information to inform them of the correct action to be taken in that event . in addition to providing information in an active way , without the public having to submit a request , and without precluding other forms of dissemination , it should also be made available permanently and kept up to date on the internet . at the same time there should be appropriate confidentiality safeguards , to address security - related concerns , among others . ### in order to promote access to information on the environment , in accordance with the aarhus convention on access to information , public participation in decision - making and access to justice in environmental matters , which was approved on behalf of the union by council decision 2005 / 370 / ec of 17 february 2005 on the conclusion , on behalf of the european community , of the convention on access to information , public participation in decision - making and access to justice in environmental matters , the level and quality of information to the public should be improved . in particular , persons likely to be affected by a major accident should be given sufficient information to inform them of the correct action to be taken in that event . in addition to providing information in an active way , without the public having to submit a request , and without precluding other forms of dissemination , it should also be made available permanently and kept up to date on the internet . in order to achieve greater transparency , more detailed and comprehensive information , including in the form of documents , should be made available upon request . at the same time there should be appropriate confidentiality safeguards to address security - related concerns , among others , to be provided on a case - by - case basis , in line with the restrictive criteria and conditions set out under the aarhus convention .
### in order to promote access to information on the environment , in accordance with the aarhus convention on access to information , public participation in decision - making and access to justice in environmental matters , which was approved on behalf of the union by council decision 2005 / 370 / ec of 17 february 2005 on the conclusion , on behalf of the european community , of the convention on access to information , public participation in decision - making and access to justice in environmental matters , the level and quality of information to the public should be improved . in particular , persons likely to be affected by a major accident should be given sufficient information to inform them of the correct action to be taken in that event . in addition to providing information in an active way , without the public having to submit a request , and without precluding other forms of dissemination , it should also be made available permanently and kept up to date on the internet . at the same time there should be appropriate confidentiality safeguards , to address security - related concerns , among others . ### in order to promote access to information on the environment , in accordance with the aarhus convention on access to information , public participation in decision - making and access to justice in environmental matters , which was approved on behalf of the union by council decision 2005 / 370 / ec of 17 february 2005 on the conclusion , on behalf of the european community , of the convention on access to information , public participation in decision - making and access to justice in environmental matters , the level and quality of information to the public should be improved . in particular , persons likely to be affected by a major accident should be given sufficient information to inform them of the correct action to be taken in that event . in addition to providing information in an active way , without the public having to submit a request , and without precluding other forms of dissemination , it should also be made available permanently and kept up to date on the internet . in order to achieve greater transparency , more detailed and comprehensive information , including in the form of documents , should be made available upon request . at the same time there should be appropriate confidentiality safeguards to address security - related concerns , among others , to be provided on a case - by - case basis , in line with the restrictive criteria and conditions set out under the aarhus convention .
### in order to promote access to information on the environment , in accordance with the aarhus convention on access to information , public participation in decision - making and access to justice in environmental matters , which was approved on behalf of the union by council decision 2005 / 370 / ec of 17 february 2005 on the conclusion , on behalf of the european community , of the convention on access to information , public participation in decision - making and access to justice in environmental matters , the level and quality of information to the public should be improved . in particular , persons likely to be affected by a major accident should be given sufficient information to inform them of the correct action to be taken in that event . in addition to providing information in an active way , without the public having to submit a request , and without precluding other forms of dissemination , it should also be made available permanently and kept up to date on the internet . at the same time there should be appropriate confidentiality safeguards , to address security - related concerns , among others . ### in order to promote access to information on the environment , in accordance with the aarhus convention on access to information , public participation in decision - making and access to justice in environmental matters , which was approved on behalf of the union by council decision 2005 / 370 / ec of 17 february 2005 on the conclusion , on behalf of the european community , of the convention on access to information , public participation in decision - making and access to justice in environmental matters , the level and quality of information to the public should be improved . in particular , persons likely to be affected by a major accident should be given sufficient information to inform them of the correct action to be taken in that event . in addition to providing information in an active way , without the public having to submit a request , and without precluding other forms of dissemination , it should also be made available permanently and kept up to date on the internet . in order to achieve greater transparency , more detailed and comprehensive information , including in the form of documents , should be made available upon request . at the same time there should be appropriate confidentiality safeguards to address security - related concerns , among others , to be provided on a case - by - case basis , in line with the restrictive criteria and conditions set out under the aarhus convention .
### the period between two site visits shall be based on a systematic appraisal of the major - accident hazards of the establishments concerned and shall not exceed one year for upper - tier establishments and three years for lower - tier establishments . if an inspection has identified an important case of non - compliance with this directive , an additional site visit shall be carried out within six months . ### the period between two site visits shall not exceed one year for upper - tier establishments and three years for lower - tier establishments , unless the competent authority has elaborated an inspection programme based on a systematic appraisal of major - accident hazards of the establishments concerned . if an inspection has identified an important case of non - compliance with this directive , an additional site visit shall be carried out within six months .
### in order to promote access to information on the environment , in accordance with the aarhus convention on access to information , public participation in decision - making and access to justice in environmental matters , which was approved on behalf of the union by council decision 2005 / 370 / ec of 17 february 2005 on the conclusion , on behalf of the european community , of the convention on access to information , public participation in decision - making and access to justice in environmental matters , the level and quality of information to the public should be improved . in particular , persons likely to be affected by a major accident should be given sufficient information to inform them of the correct action to be taken in that event . in addition to providing information in an active way , without the public having to submit a request , and without precluding other forms of dissemination , it should also be made available permanently and kept up to date on the internet . at the same time there should be appropriate confidentiality safeguards , to address security - related concerns , among others . ### in order to promote access to information on the environment , in accordance with the aarhus convention on access to information , public participation in decision - making and access to justice in environmental matters , which was approved on behalf of the union by council decision 2005 / 370 / ec of 17 february 2005 on the conclusion , on behalf of the european community , of the convention on access to information , public participation in decision - making and access to justice in environmental matters , the level and quality of information to the public should be improved . in particular , persons likely to be affected by a major accident should be given sufficient information to inform them of the correct action to be taken in that event . in addition to providing information in an active way , without the public having to submit a request , and without precluding other forms of dissemination , it should also be made available permanently and kept up to date on the internet . in order to achieve greater transparency , more detailed and comprehensive information , including in the form of documents , should be made available upon request . at the same time there should be appropriate confidentiality safeguards to address security - related concerns , among others , to be provided on a case - by - case basis , in line with the restrictive criteria and conditions set out under the aarhus convention .
### in order to promote access to information on the environment , in accordance with the aarhus convention on access to information , public participation in decision - making and access to justice in environmental matters , which was approved on behalf of the union by council decision 2005 / 370 / ec of 17 february 2005 on the conclusion , on behalf of the european community , of the convention on access to information , public participation in decision - making and access to justice in environmental matters , the level and quality of information to the public should be improved . in particular , persons likely to be affected by a major accident should be given sufficient information to inform them of the correct action to be taken in that event . in addition to providing information in an active way , without the public having to submit a request , and without precluding other forms of dissemination , it should also be made available permanently and kept up to date on the internet . at the same time there should be appropriate confidentiality safeguards , to address security - related concerns , among others . ### in order to promote access to information on the environment , in accordance with the aarhus convention on access to information , public participation in decision - making and access to justice in environmental matters , which was approved on behalf of the union by council decision 2005 / 370 / ec of 17 february 2005 on the conclusion , on behalf of the european community , of the convention on access to information , public participation in decision - making and access to justice in environmental matters , the level and quality of information to the public should be improved . in particular , persons likely to be affected by a major accident should be given sufficient information to inform them of the correct action to be taken in that event . in addition to providing information in an active way , without the public having to submit a request , and without precluding other forms of dissemination , it should also be made available permanently and kept up to date on the internet . in order to achieve greater transparency , more detailed and comprehensive information , including in the form of documents , should be made available upon request . at the same time there should be appropriate confidentiality safeguards to address security - related concerns , among others , to be provided on a case - by - case basis , in line with the restrictive criteria and conditions set out under the aarhus convention .
### in order to promote access to information on the environment , in accordance with the aarhus convention on access to information , public participation in decision - making and access to justice in environmental matters , which was approved on behalf of the union by council decision 2005 / 370 / ec of 17 february 2005 on the conclusion , on behalf of the european community , of the convention on access to information , public participation in decision - making and access to justice in environmental matters , the level and quality of information to the public should be improved . in particular , persons likely to be affected by a major accident should be given sufficient information to inform them of the correct action to be taken in that event . in addition to providing information in an active way , without the public having to submit a request , and without precluding other forms of dissemination , it should also be made available permanently and kept up to date on the internet . at the same time there should be appropriate confidentiality safeguards , to address security - related concerns , among others . ### in order to promote access to information on the environment , in accordance with the aarhus convention on access to information , public participation in decision - making and access to justice in environmental matters , which was approved on behalf of the union by council decision 2005 / 370 / ec of 17 february 2005 on the conclusion , on behalf of the european community , of the convention on access to information , public participation in decision - making and access to justice in environmental matters , the level and quality of information to the public should be improved . in particular , persons likely to be affected by a major accident should be given sufficient information to inform them of the correct action to be taken in that event . in addition to providing information in an active way , without the public having to submit a request , and without precluding other forms of dissemination , it should also be made available permanently and kept up to date on the internet . in order to achieve greater transparency , more detailed and comprehensive information , including in the form of documents , should be made available upon request . at the same time there should be appropriate confidentiality safeguards to address security - related concerns , among others , to be provided on a case - by - case basis , in line with the restrictive criteria and conditions set out under the aarhus convention .
### member states shall ensure that the public is able to give its opinion on the following matters : ### member states shall ensure that the public is given early and effective opportunities to participate in the following matters :
### member states shall ensure that the public is able to give its opinion on the following matters : ### member states shall ensure that the public is given early and effective opportunities to participate in the following matters :
### member states shall ensure that the public is able to give its opinion on the following matters : ### member states shall ensure that the public is given early and effective opportunities to participate in the following matters :
### where the member state concerned has decided that an establishment close to the territory of another member state is incapable of creating a major - accident hazard beyond its boundary for the purposes of article 11 and is not therefore required to produce an external emergency plan under article 11 , it shall so inform the other member state . ### where the member state concerned has decided that an establishment close to the territory of another member state is incapable of creating a major - accident hazard beyond its boundary for the purposes of article 11 and is not therefore required to produce an external emergency plan under article 11 , it shall inform the other member state of that decision and of its reasons for taking that decision .
### where the member state concerned has decided that an establishment close to the territory of another member state is incapable of creating a major - accident hazard beyond its boundary for the purposes of article 11 and is not therefore required to produce an external emergency plan under article 11 , it shall so inform the other member state . ### where the member state concerned has decided that an establishment close to the territory of another member state is incapable of creating a major - accident hazard beyond its boundary for the purposes of article 11 and is not therefore required to produce an external emergency plan under article 11 , it shall inform the other member state of that decision and of its reasons for taking that decision .
### where the member state concerned has decided that an establishment close to the territory of another member state is incapable of creating a major - accident hazard beyond its boundary for the purposes of article 11 and is not therefore required to produce an external emergency plan under article 11 , it shall so inform the other member state . ### where the member state concerned has decided that an establishment close to the territory of another member state is incapable of creating a major - accident hazard beyond its boundary for the purposes of article 11 and is not therefore required to produce an external emergency plan under article 11 , it shall inform the other member state of that decision and of its reasons for taking that decision .
### where the member state concerned has decided that an establishment close to the territory of another member state is incapable of creating a major - accident hazard beyond its boundary for the purposes of article 11 and is not therefore required to produce an external emergency plan under article 11 , it shall so inform the other member state . ### where the member state concerned has decided that an establishment close to the territory of another member state is incapable of creating a major - accident hazard beyond its boundary for the purposes of article 11 and is not therefore required to produce an external emergency plan under article 11 , it shall inform the other member state of that decision and of its reasons for taking that decision .
### the period between two site visits shall be based on a systematic appraisal of the major - accident hazards of the establishments concerned and shall not exceed one year for upper - tier establishments and three years for lower - tier establishments . if an inspection has identified an important case of non - compliance with this directive , an additional site visit shall be carried out within six months . ### the period between two site visits shall not exceed one year for upper - tier establishments and three years for lower - tier establishments , unless the competent authority has elaborated an inspection programme based on a systematic appraisal of major - accident hazards of the establishments concerned . if an inspection has identified an important case of non - compliance with this directive , an additional site visit shall be carried out within six months .
### where a credit rating agency has committed intentionally or with gross negligence any of the infringements listed in annex iii having an impact on a credit rating on which an investor has relied when purchasing a rated instrument , such an investor may bring an action against that credit rating agency for any damage caused to that investor . ### where a credit rating agency has been deemed by esma ' s board of supervisors to have committed intentionally or with gross negligence any of the infringements listed in annex iii in accordance with article 23e and where this has caused an impact on a credit rating on which an investor has relied when purchasing a rated instrument , such an investor may bring an action against that credit rating agency for any resulting damage caused to that investor .
### where an investor establishes facts from which it may be inferred that a credit rating agency has committed any of the infringements listed in annex iii , it will be for the credit rating agency to prove that it has not committed that infringement or that that infringement did not have an impact on the issued credit rating . ### where an investor brings action against a credit rating agency for damage caused due to a credit rating issued in breach of this regulation in accordance with article 35a , the burden shall be on the investor to prove that the infringement had an impact on the issued credit rating and that this impact influenced the investor ' s investment decision .
### where an investor establishes facts from which it may be inferred that a credit rating agency has committed any of the infringements listed in annex iii , it will be for the credit rating agency to prove that it has not committed that infringement or that that infringement did not have an impact on the issued credit rating . ### where an investor brings action against a credit rating agency for damage caused due to a credit rating issued in breach of this regulation in accordance with article 35a , the burden shall be on the investor to prove that the infringement had an impact on the issued credit rating and that this impact influenced the investor ' s investment decision .
### where an investor establishes facts from which it may be inferred that a credit rating agency has committed any of the infringements listed in annex iii , it will be for the credit rating agency to prove that it has not committed that infringement or that that infringement did not have an impact on the issued credit rating . ### where an investor brings action against a credit rating agency for damage caused due to a credit rating issued in breach of this regulation in accordance with article 35a , the burden shall be on the investor to prove that the infringement had an impact on the issued credit rating and that this impact influenced the investor ' s investment decision .
### where an investor establishes facts from which it may be inferred that a credit rating agency has committed any of the infringements listed in annex iii , it will be for the credit rating agency to prove that it has not committed that infringement or that that infringement did not have an impact on the issued credit rating . ### where an investor brings action against a credit rating agency for damage caused due to a credit rating issued in breach of this regulation in accordance with article 35a , the burden shall be on the investor to prove that the infringement had an impact on the issued credit rating and that this impact influenced the investor ' s investment decision .
### it is necessary to clarify the conditions under which modifications of a concession during its execution require a new award procedure , taking into account the relevant case - law of the court of justice of the european union . a new award procedure is required in case of material changes to the initial concession , demonstrating the intention of the parties to renegotiate essential terms or conditions of that concession . this is notably the case if the amended conditions would have had an influence on the outcome of the procedure , had they been part of the initial procedure . an exceptional and temporary extension of the term of the concession strictly aimed at ensuring the continuity of the provision of the service pending the award of a new concession should not normally qualify as a material change to the initial concession . ### it is necessary to clarify the conditions under which modifications of a concession during its execution require a new award procedure , taking into account the relevant case - law of the court of justice of the european union . any concession in progress may be modified by means of a supplementary agreement , subject to the provisions of this directive . a new award procedure is required , however , in the case of material changes to the initial concession , demonstrating the intention of the parties to renegotiate essential terms or conditions of that concession . this is notably the case if the amended conditions would have had an influence on the outcome of the procedure , had they been part of the initial procedure . an exceptional and temporary extension of the term of the concession strictly aimed at ensuring the continuity of the provision of the service pending the award of a new concession should not normally qualify as a material change to the initial concession .
### there is no private participation in the controlled legal person . ### there is no private participation in the controlled legal person , except where this is a mandatory statutory requirement in the relevant member states .
### it is necessary to clarify the conditions under which modifications of a concession during its execution require a new award procedure , taking into account the relevant case - law of the court of justice of the european union . a new award procedure is required in case of material changes to the initial concession , demonstrating the intention of the parties to renegotiate essential terms or conditions of that concession . this is notably the case if the amended conditions would have had an influence on the outcome of the procedure , had they been part of the initial procedure . an exceptional and temporary extension of the term of the concession strictly aimed at ensuring the continuity of the provision of the service pending the award of a new concession should not normally qualify as a material change to the initial concession . ### it is necessary to clarify the conditions under which modifications of a concession during its execution require a new award procedure , taking into account the relevant case - law of the court of justice of the european union . any concession in force may be modified by means of a supplementary agreement . a new award procedure is required , however , in the case of material changes to the initial concession , demonstrating the intention of the parties to renegotiate essential terms or conditions of that concession . this is notably the case if the amended conditions would have had an influence on the outcome of the procedure , had they been part of the initial procedure . an exceptional and temporary extension of the term of the concession strictly aimed at ensuring the continuity of the provision of the service pending the award of a new concession should not normally qualify as a material change to the initial concession . nevertheless , where a contract has reached its term the grantor and the concessionaire shall refrain from extensions for purposes of investments not essential to the performance of the concession and which would be implemented solely with a view to extending the duration thereof .
### the decision - making bodies of the controlled legal person are composed of representatives of all participating contracting authorities or contracting entities as referred to in paragraph 1 subparagraph 1 of article 4 ; ### the decision - making bodies of the controlled legal person are composed of representatives of the participating contracting authorities or contracting entities as referred to in paragraph 1 subparagraph 1 of article 4 ;
### concessions are contracts for pecuniary interest concluded between one or more economic operators and one or more contracting authorities or entities and having as their object the acquisition of works or services where the consideration consists , normally , in the right to exploit the works or services that are the subject of the contract . the execution of these works or services are subject to specific binding obligations defined by the contracting authority or entity which are legally enforceable . by contrast , certain state acts such as authorisations or licences whereby the state or a public authority establishes the conditions for the exercise of an economic activity , should not qualify as concessions . the same applies to certain agreements having as their object the right of an economic operator to exploit certain public domains or resources , such as land lease contracts whereby the state or contracting authority or entity establishes only general conditions for their use without acquiring specific works or services . ### concessions are contracts for pecuniary interest concluded between one or more economic operators and one or more contracting authorities or entities and having as their object the acquisition of works or services where the consideration consists , normally , in the right to exploit the works or services that are the subject of the contract . the execution of these works or services are subject to specific binding obligations defined by the contracting authority or entity which are legally enforceable . by contrast , certain state acts such as authorisations or licences whereby the state or a public authority establishes the conditions for the exercise of an economic activity , should not qualify as concessions . the same applies to certain agreements having as their object the right of an economic operator to exploit certain public domains or resources , such as land lease contracts , including maritime areas , whereby the state or contracting authority or entity establishes only general conditions for their use without acquiring specific works or services .
### in order to increase the attractiveness of railway services for passengers , member states should be in a position to require railway undertakings operating domestic passenger services to participate in a common information and integrated ticketing scheme for the supply of tickets , through - tickets and reservations . if such a scheme is established , it should be ensured that it does not create market distortion or discriminate between railway undertakings . ### in order to increase the attractiveness of railway services for passengers , railway undertakings operating domestic passenger services should cooperate with one another to set up a common information and integrated ticketing scheme for the supply of tickets , through - tickets and reservations . if such a scheme is established , it should be ensured that it does not create market distortion or discriminate between railway undertakings .
### by the same date , the commission shall assess whether discriminatory practices or other types of distortion of competition persist in relation to infrastructure managers which are part of a vertically integrated undertaking . the commission shall , if appropriate , propose new legislative measures . ### by the same date , the european regulatory body shall assess whether discriminatory practices or other types of distortion of competition persist and shall publish recommendations for further policy measures . the commission shall , if appropriate , propose new legislative measures based on the recommendations of the network of regulatory bodies .
### by the same date , the commission shall assess whether discriminatory practices or other types of distortion of competition persist in relation to infrastructure managers which are part of a vertically integrated undertaking . the commission shall , if appropriate , propose new legislative measures . ### by the same date , the european regulatory body shall assess whether discriminatory practices or other types of distortion of competition persist and shall publish recommendations for further policy measures . the commission shall , if appropriate , propose new legislative measures based on the recommendations of the network of regulatory bodies .
### in order to increase the attractiveness of railway services for passengers , member states should be in a position to require railway undertakings operating domestic passenger services to participate in a common information and integrated ticketing scheme for the supply of tickets , through - tickets and reservations . if such a scheme is established , it should be ensured that it does not create market distortion or discriminate between railway undertakings . ### in order to increase the attractiveness of railway services for passengers , member states should require railway undertakings operating domestic and international passenger services to participate in a common information and through ticketing scheme for the supply of tickets , through - tickets and reservations . such a scheme should not create market distortion or discriminate between railway undertakings .
### in order to increase the attractiveness of railway services for passengers , member states should be in a position to require railway undertakings operating domestic passenger services to participate in a common information and integrated ticketing scheme for the supply of tickets , through - tickets and reservations . if such a scheme is established , it should be ensured that it does not create market distortion or discriminate between railway undertakings . ### in order to increase the attractiveness of railway services for passengers , member states should require railway undertakings operating domestic and international passenger services to participate in a common information and through ticketing scheme for the supply of tickets , through - tickets and reservations . such a scheme should not create market distortion or discriminate between railway undertakings .
### without prejudice to regulation no 1371 / 2007 and directive 2010 / 40 / eu , member states may require railway undertakings operating domestic passenger services to participate in a common information and integrated ticketing scheme for the supply of tickets , through - tickets and reservations or decide to give the power to competent authorities to establish such a scheme . if such a scheme is established , member states shall ensure that it does not create market distortion or discriminate between railway undertakings and that it is managed by a public or private legal entity or an association of all railway undertakings operating passenger services . ### without prejudice to regulation no 1371 / 2007 and directive 2010 / 40 / eu , member states shall require railway undertakings operating domestic passenger services to participate in a common information and integrated ticketing scheme for the supply of tickets , through - tickets and reservations or decide to give the power to competent authorities to establish such a scheme . if such a scheme is established , member states shall ensure that it does not create market distortion or discriminate between railway undertakings and that it is managed by a public or private legal entity or an association of all railway undertakings operating passenger services .
### without prejudice to regulation no 1371 / 2007 and directive 2010 / 40 / eu , member states may require railway undertakings operating domestic passenger services to participate in a common information and integrated ticketing scheme for the supply of tickets , through - tickets and reservations or decide to give the power to competent authorities to establish such a scheme . if such a scheme is established , member states shall ensure that it does not create market distortion or discriminate between railway undertakings and that it is managed by a public or private legal entity or an association of all railway undertakings operating passenger services . ### without prejudice to regulation no 1371 / 2007 and directive 2010 / 40 / eu , member states shall require railway undertakings operating domestic passenger services to participate in a common information and integrated ticketing scheme for the supply of tickets , through - tickets and reservations or decide to give the power to competent authorities to establish such a scheme . if such a scheme is established , member states shall ensure that it does not create market distortion or discriminate between railway undertakings and that it is managed by a public or private legal entity or an association of all railway undertakings operating passenger services .
### without prejudice to regulation no 1371 / 2007 and directive 2010 / 40 / eu , member states may require railway undertakings operating domestic passenger services to participate in a common information and integrated ticketing scheme for the supply of tickets , through - tickets and reservations or decide to give the power to competent authorities to establish such a scheme . if such a scheme is established , member states shall ensure that it does not create market distortion or discriminate between railway undertakings and that it is managed by a public or private legal entity or an association of all railway undertakings operating passenger services . ### without prejudice to regulation no 1371 / 2007 and directive 2010 / 40 / eu , member states shall require railway undertakings operating domestic passenger services to participate in a common information and integrated ticketing scheme for the supply of tickets , through - tickets and reservations or decide to give the power to competent authorities to establish such a scheme . if such a scheme is established , member states shall ensure that it does not create market distortion or discriminate between railway undertakings and that it is managed by a public or private legal entity or an association of all railway undertakings operating passenger services .
### without prejudice to regulation no 1371 / 2007 and directive 2010 / 40 / eu , member states may require railway undertakings operating domestic passenger services to participate in a common information and integrated ticketing scheme for the supply of tickets , through - tickets and reservations or decide to give the power to competent authorities to establish such a scheme . if such a scheme is established , member states shall ensure that it does not create market distortion or discriminate between railway undertakings and that it is managed by a public or private legal entity or an association of all railway undertakings operating passenger services . ### without prejudice to regulation no 1371 / 2007 and directive 2010 / 40 / eu , member states shall require railway undertakings operating domestic passenger services to participate in a common information and integrated ticketing scheme for the supply of tickets , through - tickets and reservations or decide to give the power to competent authorities to establish such a scheme . if such a scheme is established , member states shall ensure that it does not create market distortion or discriminate between railway undertakings and that it is managed by a public or private legal entity or an association of all railway undertakings operating passenger services .
### the existing requirements for the independence of infrastructure managers from railway transport undertakings , as laid down in directive 2012 / 34 / eu , only cover the essential functions of the infrastructure manager , which are the decision - making on train path allocation , and the decision - making on infrastructure charging . it is however necessary that all the functions are exercised in an independent way , since other functions may equally be used to discriminate against competitors . this is in particular true for decisions on investments or on maintenance which may be made to favour the parts of the network which are mainly used by the transport operators of the integrated undertaking . decisions on the planning of maintenance works may influence the availability of train paths for the competitors . ### the existing requirements for the independence of infrastructure managers from railway transport undertakings , as laid down in directive 2012 / 34 / eu , only cover the essential functions of the infrastructure manager , which are the decision - making on train path allocation , and the decision - making on infrastructure charging . it is however necessary that all the functions are exercised in an independent way , since other functions may equally be used to discriminate against competitors . this is in particular true for decisions on access to ticketing services , stations and depots , on investments or on maintenance which may be made to favour the parts of the network which are mainly used by the transport operators of the integrated undertaking . decisions on the planning of maintenance works may influence the availability of train paths for the competitors .
### the existing requirements for the independence of infrastructure managers from railway transport undertakings , as laid down in directive 2012 / 34 / eu , only cover the essential functions of the infrastructure manager , which are the decision - making on train path allocation , and the decision - making on infrastructure charging . it is however necessary that all the functions are exercised in an independent way , since other functions may equally be used to discriminate against competitors . this is in particular true for decisions on investments or on maintenance which may be made to favour the parts of the network which are mainly used by the transport operators of the integrated undertaking . decisions on the planning of maintenance works may influence the availability of train paths for the competitors . ### the existing requirements for the independence of infrastructure managers from railway transport undertakings , as laid down in directive 2012 / 34 / eu , only cover the essential functions of the infrastructure manager , which are the decision - making on train path allocation , and the decision - making on infrastructure charging . it is however necessary that all the functions are exercised in an independent way , since other functions may equally be used to discriminate against competitors . this is in particular true for decisions on access to ticketing services , stations and depots , on investments or on maintenance which may be made to favour the parts of the network which are mainly used by the transport operators of the integrated undertaking . decisions on the planning of maintenance works may influence the availability of train paths for the competitors .
### the network shall participate in the market monitoring activities referred to in article 15 and benchmark the efficiency of infrastructure managers on the basis of common indicators and quality criteria , such as the reliability , capacity , availability , punctuality and safety of their networks , asset quality and utilisation , maintenance , renewals , enhancements , investments and financial efficiency . ### the network shall participate in the market monitoring activities referred to in article 15 and benchmark the efficiency of infrastructure managers on the basis of common indicators and quality criteria , such as the reliability , capacity , availability , punctuality and safety of their networks , asset quality and utilisation , maintenance , renewals , enhancements , investments , transparency of the charging framework and of the charging rules and financial efficiency .
### the network shall participate in the market monitoring activities referred to in article 15 and benchmark the efficiency of infrastructure managers on the basis of common indicators and quality criteria , such as the reliability , capacity , availability , punctuality and safety of their networks , asset quality and utilisation , maintenance , renewals , enhancements , investments and financial efficiency . ### the network shall participate in the market monitoring activities referred to in article 15 and benchmark the efficiency of infrastructure managers on the basis of common indicators and quality criteria , such as the reliability , capacity , availability , punctuality and safety of their networks , asset quality and utilisation , maintenance , renewals , enhancements , investments , transparency of the charging framework and of the charging rules and financial efficiency .
### member states should therefore be required to ensure that the same legal or natural person or persons are not entitled to exercise control over an infrastructure manager and , at the same time , exercise control or any right over a railway undertaking . conversely , control over a railway undertaking should preclude the possibility of exercising control or any right over an infrastructure manager . ### this directive aims to establish free and fair competition between all railway undertakings , and therefore precludes a railway undertaking from retaining a vertically integrated model as defined in article 3 .
### member states should therefore be required to ensure that the same legal or natural person or persons are not entitled to exercise control over an infrastructure manager and , at the same time , exercise control or any right over a railway undertaking . conversely , control over a railway undertaking should preclude the possibility of exercising control or any right over an infrastructure manager . ### this directive aims to establish free and fair competition between all railway undertakings , and therefore precludes a railway undertaking from retaining a vertically integrated model as defined in article 3 .
### in order to increase the attractiveness of railway services for passengers , member states should be in a position to require railway undertakings operating domestic passenger services to participate in a common information and integrated ticketing scheme for the supply of tickets , through - tickets and reservations . if such a scheme is established , it should be ensured that it does not create market distortion or discriminate between railway undertakings . ### in order to increase the attractiveness of railway services for passengers , member states should require railway undertakings operating domestic and international passenger services to participate in a common information and through ticketing scheme for the supply of tickets , through - tickets and reservations . such a scheme should not create market distortion or discriminate between railway undertakings .
### in order to increase the attractiveness of railway services for passengers , member states should be in a position to require railway undertakings operating domestic passenger services to participate in a common information and integrated ticketing scheme for the supply of tickets , through - tickets and reservations . if such a scheme is established , it should be ensured that it does not create market distortion or discriminate between railway undertakings . ### in order to increase the attractiveness of railway services for passengers , member states should require railway undertakings operating domestic and international passenger services to participate in a common information and through ticketing scheme for the supply of tickets , through - tickets and reservations . such a scheme should not create market distortion or discriminate between railway undertakings .
### cross - border issues should be addressed efficiently between infrastructure managers of the different member states through the establishment of a european network of infrastructure managers . ### cross - border issues such as track - access charges should be addressed efficiently between infrastructure managers of the different member states through the establishment of a european network of infrastructure managers .
### cross - border issues should be addressed efficiently between infrastructure managers of the different member states through the establishment of a european network of infrastructure managers . ### cross - border issues such as track - access charges should be addressed efficiently between infrastructure managers of the different member states through the establishment of a european network of infrastructure managers .
### member states should therefore be required to ensure that the same legal or natural person or persons are not entitled to exercise control over an infrastructure manager and , at the same time , exercise control or any right over a railway undertaking . conversely , control over a railway undertaking should preclude the possibility of exercising control or any right over an infrastructure manager . ### this directive aims to establish free and fair competition between all railway undertakings , and therefore precludes a railway undertaking from retaining a vertically integrated model as defined in article 3 .
### member states should therefore be required to ensure that the same legal or natural person or persons are not entitled to exercise control over an infrastructure manager and , at the same time , exercise control or any right over a railway undertaking . conversely , control over a railway undertaking should preclude the possibility of exercising control or any right over an infrastructure manager . ### this directive aims to establish free and fair competition between all railway undertakings , and therefore precludes a railway undertaking from retaining a vertically integrated model as defined in article 3 .
### member states should therefore be required to ensure that the same legal or natural person or persons are not entitled to exercise control over an infrastructure manager and , at the same time , exercise control or any right over a railway undertaking . conversely , control over a railway undertaking should preclude the possibility of exercising control or any right over an infrastructure manager . ### this directive aims to establish free and fair competition between all railway undertakings , and therefore precludes a railway undertaking from retaining a vertically integrated model as defined in article 3 .
### member states should therefore be required to ensure that the same legal or natural person or persons are not entitled to exercise control over an infrastructure manager and , at the same time , exercise control or any right over a railway undertaking . conversely , control over a railway undertaking should preclude the possibility of exercising control or any right over an infrastructure manager . ### this directive aims to establish free and fair competition between all railway undertakings , and therefore precludes a railway undertaking from retaining a vertically integrated model as defined in article 3 .
### the coordination committee shall draw up rules of procedure that include , in particular , rules on participation in and frequency of meetings which shall be at least quarterly . a report of the coordination committee ' s discussions shall be submitted annually to the infrastructure manager , the member state , the regulatory body concerned and the commission with an indication of the respective positions taken by the committee members . ### the coordination committee shall draw up rules of procedure that include , in particular , rules on participation in and frequency of meetings which shall be at least quarterly . the rules of procedure shall include the regular consultation of the users of the rail freight and passenger transport services and , in any case , at least once a year . a report of the coordination committee ' s discussions shall be submitted annually to the infrastructure manager , the member state , the regulatory body and users of the rail freight and passenger transport services concerned and the commission with an indication of the respective positions taken by the committee
### member states should therefore be required to ensure that the same legal or natural person or persons are not entitled to exercise control over an infrastructure manager and , at the same time , exercise control or any right over a railway undertaking . conversely , control over a railway undertaking should preclude the possibility of exercising control or any right over an infrastructure manager . ### this directive aims to establish free and fair competition between all railway undertakings , and therefore precludes a railway undertaking from retaining a vertically integrated model as defined in article 3 .
### member states should therefore be required to ensure that the same legal or natural person or persons are not entitled to exercise control over an infrastructure manager and , at the same time , exercise control or any right over a railway undertaking . conversely , control over a railway undertaking should preclude the possibility of exercising control or any right over an infrastructure manager . ### this directive aims to establish free and fair competition between all railway undertakings , and therefore precludes a railway undertaking from retaining a vertically integrated model as defined in article 3 .
### member states may limit the right of access provided for in article 10 to passenger services between a given place of departure and a given destination when one or more public service contracts cover the same route or an alternative route if the exercise of this right would compromise the economic equilibrium of the public service contract or contracts in question . ### member states may limit the right of access provided for in article 10 to passenger services between a given place of departure and a given destination when one or more public service contracts cover the same route or an alternative route if the exercise of this right compromises the economic equilibrium of the public service contract or contracts in question .
### member states may limit the right of access provided for in article 10 to passenger services between a given place of departure and a given destination when one or more public service contracts cover the same route or an alternative route if the exercise of this right would compromise the economic equilibrium of the public service contract or contracts in question . ### member states may limit the right of access provided for in article 10 to passenger services between a given place of departure and a given destination when one or more public service contracts cover the same route or an alternative route if the exercise of this right compromises the economic equilibrium of the public service contract or contracts in question .
### in order to increase the attractiveness of railway services for passengers , member states should be in a position to require railway undertakings operating domestic passenger services to participate in a common information and integrated ticketing scheme for the supply of tickets , through - tickets and reservations . if such a scheme is established , it should be ensured that it does not create market distortion or discriminate between railway undertakings . ### in order to increase the attractiveness of railway services for passengers , member states should require railway undertakings operating domestic passenger services to participate in a common information and integrated ticketing scheme for the supply of tickets , through - tickets and reservations . such a scheme should ensure that it does not create market distortion or discriminate between railway undertakings .
### in order to increase the attractiveness of railway services for passengers , member states should be in a position to require railway undertakings operating domestic passenger services to participate in a common information and integrated ticketing scheme for the supply of tickets , through - tickets and reservations . if such a scheme is established , it should be ensured that it does not create market distortion or discriminate between railway undertakings . ### in order to increase the attractiveness of railway services for passengers , member states should require railway undertakings operating domestic passenger services to participate in a common information and integrated ticketing scheme for the supply of tickets , through - tickets and reservations . such a scheme should ensure that it does not create market distortion or discriminate between railway undertakings .
### member states should therefore be required to ensure that the same legal or natural person or persons are not entitled to exercise control over an infrastructure manager and , at the same time , exercise control or any right over a railway undertaking . conversely , control over a railway undertaking should preclude the possibility of exercising control or any right over an infrastructure manager . ### this directive aims to establish free and fair competition between all railway undertakings , and therefore precludes a railway undertaking from retaining a vertically integrated model as defined in article 3 .
### member states should therefore be required to ensure that the same legal or natural person or persons are not entitled to exercise control over an infrastructure manager and , at the same time , exercise control or any right over a railway undertaking . conversely , control over a railway undertaking should preclude the possibility of exercising control or any right over an infrastructure manager . ### this directive aims to establish free and fair competition between all railway undertakings , and therefore precludes a railway undertaking from retaining a vertically integrated model as defined in article 3 .
### member states should therefore be required to ensure that the same legal or natural person or persons are not entitled to exercise control over an infrastructure manager and , at the same time , exercise control or any right over a railway undertaking . conversely , control over a railway undertaking should preclude the possibility of exercising control or any right over an infrastructure manager . ### this directive aims to establish free and fair competition between all railway undertakings , and therefore precludes a railway undertaking from retaining a vertically integrated model as defined in article 3 .
### member states should therefore be required to ensure that the same legal or natural person or persons are not entitled to exercise control over an infrastructure manager and , at the same time , exercise control or any right over a railway undertaking . conversely , control over a railway undertaking should preclude the possibility of exercising control or any right over an infrastructure manager . ### this directive aims to establish free and fair competition between all railway undertakings , and therefore precludes a railway undertaking from retaining a vertically integrated model as defined in article 3 .
### without prejudice to regulation no 1371 / 2007 and directive 2010 / 40 / eu , member states may require railway undertakings operating domestic passenger services to participate in a common information and integrated ticketing scheme for the supply of tickets , through - tickets and reservations or decide to give the power to competent authorities to establish such a scheme . if such a scheme is established , member states shall ensure that it does not create market distortion or discriminate between railway undertakings and that it is managed by a public or private legal entity or an association of all railway undertakings operating passenger services . ### without prejudice to regulation no 1371 / 2007 and directive 2010 / 40 / eu , railway undertakings operating domestic passenger services shall work together with a view to participating in a common information and integrated ticketing scheme for the supply of tickets , through - tickets and reservations . member states may decide to give the power to competent authorities to establish such a scheme . if such a scheme is established , member states shall ensure that it does not create market distortion or discriminate between railway undertakings and that it is managed by a public or private legal entity or an association of all railway undertakings operating the passenger services concerned .
### points 5 to 8 of article 1 shall apply from 1 january 2018 [ in time for the working timetable starting on 14 december 2019 ] . ### points 5 to 8 of article 1 shall apply from 1 january 2017 [ in time for the working timetable starting on 14 december 2018 ] .
### points 5 to 8 of article 1 shall apply from 1 january 2018 [ in time for the working timetable starting on 14 december 2019 ] . ### points 5 to 8 of article 1 shall apply from 1 january 2017 [ in time for the working timetable starting on 14 december 2018 ] .
### points 5 to 8 of article 1 shall apply from 1 january 2018 [ in time for the working timetable starting on 14 december 2019 ] . ### points 5 to 8 of article 1 shall apply from 1 january 2017 [ in time for the working timetable starting on 14 december 2018 ] . the provisions of this directive shall not require a member state to grant , before that date , the right of access referred to in article 10 of this directive to railway undertakings and their directly or indirectly controlled subsidiaries , licensed in a member state where access rights of a similar nature are not granted . for the purposes of this paragraph , control shall be constituted by rights , contracts or any other means which , either separately or in combination and having regard to the considerations of fact or law involved , confer the possibility of exercising decisive influence on an undertaking , in particular by : ownership or the right to use all or part of the assets of an undertaking ; rights or contracts which confer decisive influence on the composition , voting or decisions of the organs of an undertaking .
### points 5 to 8 of article 1 shall apply from 1 january 2018 [ in time for the working timetable starting on 14 december 2019 ] . ### points 5 to 8 of article 1 shall apply from 1 january 2017 [ in time for the working timetable starting on 14 december 2018 ] . the provisions of this directive shall not require a member state to grant , before that date , the right of access referred to in article 10 of this directive to railway undertakings and their directly or indirectly controlled subsidiaries , licensed in a member state where access rights of a similar nature are not granted . for the purposes of this paragraph , control shall be constituted by rights , contracts or any other means which , either separately or in combination and having regard to the considerations of fact or law involved , confer the possibility of exercising decisive influence on an undertaking , in particular by : ownership or the right to use all or part of the assets of an undertaking ; rights or contracts which confer decisive influence on the composition , voting or decisions of the organs of an undertaking .
### directive 2012 / 34 / eu requires the commission to propose , if appropriate , legislative measures in relation of the opening of the market for domestic passenger transport services by rail and to develop appropriate conditions to ensure non - discriminatory access to infrastructure , building on the existing separation requirements between infrastructure management and transport operations . ### directive 2012 / 34 / eu requires the commission to propose , if appropriate , legislative measures in relation of the opening of the market for domestic passenger transport services by rail and to develop appropriate conditions to ensure most cost efficient non - discriminatory access to infrastructure including incumbent - owned sales infrastructure , building on the existing separation requirements between infrastructure management and transport operations .
### by the same date , the commission shall assess whether discriminatory practices or other types of distortion of competition persist in relation to infrastructure managers which are part of a vertically integrated undertaking . the commission shall , if appropriate , propose new legislative measures . ### by the same date , the european regulatory body shall assess whether discriminatory practices or other types of distortion of competition persist and shall publish recommendations for further policy measures . the commission shall , if appropriate , propose new legislative measures based on the recommendations of the network of regulatory bodies .
### by the same date , the commission shall assess whether discriminatory practices or other types of distortion of competition persist in relation to infrastructure managers which are part of a vertically integrated undertaking . the commission shall , if appropriate , propose new legislative measures . ### by the same date , the european regulatory body shall assess whether discriminatory practices or other types of distortion of competition persist and shall publish recommendations for further policy measures . the commission shall , if appropriate , propose new legislative measures based on the recommendations of the network of regulatory bodies .
### by the same date , the commission shall assess whether discriminatory practices or other types of distortion of competition persist in relation to infrastructure managers which are part of a vertically integrated undertaking . the commission shall , if appropriate , propose new legislative measures . ### by the same date , the european regulatory body shall assess whether discriminatory practices or other types of distortion of competition persist and shall publish recommendations for further policy measures . the commission shall , if appropriate , propose new legislative measures based on the recommendations of the network of regulatory bodies .
### by the same date , the commission shall assess whether discriminatory practices or other types of distortion of competition persist in relation to infrastructure managers which are part of a vertically integrated undertaking . the commission shall , if appropriate , propose new legislative measures . ### by the same date , the european regulatory body shall assess whether discriminatory practices or other types of distortion of competition persist and shall publish recommendations for further policy measures . the commission shall , if appropriate , propose new legislative measures based on the recommendations of the network of regulatory bodies .
### for the purposes of this directive , cinematographic , audio and audiovisual works in the archives of public service broadcasting organisations should be understood as including works commissioned by such organisations for their exclusive exploitation . ### for the purposes of this directive , sound recordings and cinematographic and audiovisual works in the archives of broadcasting organisations should be understood as including works commissioned by such organisations for their exploitation .
### a diligent search is required to be carried out only in the member state of first publication or broadcast . ### a diligent search is required to be carried out only in the member state in whose territory the work was first published or broadcast . it shall be carried out in good faith and in a reasonable scope prior to the use of the work .
### this directive applies to works first published or broadcast in a member state and which are : ### this directive applies to works subject to copyright in the collections of organisations referred to in article 1 and first published or broadcast in the territory of a member state , which are :
### the exclusive rights for authors of reproduction and of making available to the public of their works , as harmonised under directive 2001 / 29 / ec of the european parliament and council of 22 may 2001 on the harmonisation of certain aspects of copyright and related rights in the information society , require the consent of the author prior to the digitisation and making available of a work . ### the exclusive rights for rightholders of reproduction and of making available to the public of their works , as harmonised under directive 2001 / 29 / ec of the european parliament and council of 22 may 2001 on the harmonisation of certain aspects of copyright and related rights in the information society , require the consent of the author prior to the digitisation and making available of a work .
### it is appropriate to provide for a harmonised approach concerning such diligent search in order to ensure a high level of protection of copyright in the union . a diligent search should involve the consultation of publicly accessible databases that supply information on the copyright status of a work . moreover , in order to avoid duplication of costly digitisation , member states should ensure that use of orphan works by the organisations referred to in this directive is recorded in a publicly accessible database . to the extent possible , publicly accessible databases of search results and use of orphan works should be designed and implemented so as to permit interlinkage with each other on a pan - european level and consultation thereof through a single entry point . ### it is appropriate to provide for a harmonised approach concerning such diligent search in order to ensure a high level of protection of copyright in the union . a diligent search should involve the consultation of publicly accessible databases that supply information on the copyright status of a work . in order to avoid duplication of search efforts , a diligent search should be conducted only in the member state where the work was first published or broadcast . moreover , in order to avoid duplication of costly digitisation and ascertain whether a work has been granted orphan status in another member state , member states should ensure that the results of the diligent search on their territory and use of orphan works by the organisations referred to in this directive are recorded in a publicly accessible database . to the extent possible , free , publicly accessible databases of search results and use of orphan works should be designed and implemented so as to permit interlinkage with each other and interoperability on a pan - european level and consultation thereof through a single entry point .