The TCP/IP stack has been mainly designed for elastic traffic (file transfers). It is nowadays recognized that it is not able to efficiently support traffic patterns with completely differing requirements (e.g. applications with delay requirements). Service differentiation at the flow agregate level (DiffServ) is a promising way to implement some form of IP QoS because it is robust and scalable. The EDS (Equivalent Differentiated Services) PHB is a DiffServ per Hop Behavior based on both loss rate and delay proportional differentiation. This article, presents a network layer implementing the EDS service differentiation and a marking strategy for TCP. This strategy leads to a diminution of the number of timeouts and the standard deviation of the individual throughput of multiple connections.