### statistics under points , , , , and shall be disaggregated by age and sex and by the citizenship of the persons concerned , and by unaccompanied minors . in addition , for point , statistics shall be disaggregated by the country of residence and by the type of asylum decision . they shall relate to reference periods of one calendar year and shall be supplied to the commission within three months of the end of the reference year . the first reference year shall be 2020 . ### statistics under points , , , , and shall be disaggregated by age and gender and by the citizenship of the persons concerned , and by unaccompanied minors . in addition , for point , statistics shall be disaggregated by the country of residence and by the type of asylum decision . they shall relate to reference periods of one calendar year and shall be supplied to the commission within three months of the end of the reference year . the first reference year shall be 2020 .


### permits issued during the reference period whereby the person is being granted permission to reside for the first time , disaggregated by citizenship , by the reason for the permit being issued , by the length of validity of the permit , by age and by sex ; ### permits issued during the reference period whereby the person is being granted permission to reside for the first time , disaggregated by citizenship , by the reason for the permit being issued , by the length of validity of the permit , by age and by gender ;


### permits issued during the reference period and granted on the occasion of a person changing immigration status or reason for stay , disaggregated by citizenship , by the reason for the permit being issued , by the length of validity of the permit , by age and by sex ; ### permits issued during the reference period and granted on the occasion of a person changing immigration status or reason for stay , disaggregated by citizenship , by the reason for the permit being issued , by the length of validity of the permit , by age and by gender ;


### valid permits at the end of the reference period , disaggregated by citizenship , by the reason for the issue of the permit , by the length of validity of the permit , by age and by sex ; ### valid permits at the end of the reference period , disaggregated by citizenship , by the reason for the issue of the permit , by the length of validity of the permit , by age and by gender ;


### the number of long - term residents at the end of the reference period , disaggregated by citizenship , by type of long - term status , by age and by sex . ### the number of long - term residents at the end of the reference period , disaggregated by citizenship , by type of long - term status , by age and by gender .


### such audio - visual records should be accessible only to the judicial authorities and the parties to the proceedings . moreover , the questioning of children should be carried out in a manner that takes into account their age and level of maturity . ### such audio - visual records should be accessible only to the judicial authorities and the parties to the proceedings .


### this directive applies to suspects or accused persons subject to criminal proceedings referred to in paragraph 1 , and to persons subject to european arrest warrant proceedings referred to in paragraph 2 , who are no longer children in the course of those proceedings , which started when they were children . ### when a person over the age of 18 becomes a suspect or accused person in criminal proceedings for an offence committed while under the age of 18 , this directive shall apply until that person reaches the age of 21 .


### member states shall ensure that the competent authorities take appropriate measures in criminal proceedings to protect the privacy of the child and family members , including their names and images . member states shall ensure that the competent authorities do not publicly disseminate information that could lead to the identification of the child . ### member states shall ensure that the competent authorities take appropriate measures in criminal proceedings to protect the privacy of the child and family members , including their names and images . member states shall ensure that the competent authorities and non - state actors , such as the media , do not publicly disseminate information that could lead to the identification of the child .


### the european food safety authority has confirmed that surrogate dams used in cloning suffer in particular from placenta dysfunctions contributing to increased levels of miscarriages21 . this contributes , amongst other things , to the low efficiency of the technique , 6 to 15 % for bovine and 6 % for porcine species , and the need to implant embryo clones into several dams to obtain one clone . in addition , clone abnormalities and unusually large offspring result in difficult births and neonatal deaths . __________________ 21 scientific opinion of the scientific committee on food safety , animal health and welfare and environmental impact of animals derived from cloning by somatic cell nucleus transfer and their offspring and products obtained from those animals http : / / www . efsa . europa . eu / en / topics / topic / cloning . htm ? wtrl=01 . ### the european food safety authority has confirmed that surrogate dams used in cloning suffer in particular from placenta dysfunctions contributing to increased levels of miscarriages21 . this contributes , amongst other things , to the low efficiency of the technique , 6 to 15 % for bovine and 6 % for porcine species , and the need to implant embryo clones into several dams to obtain one clone . clone abnormalities and unusually large offspring result in difficult births and neonatal death . that is why the cloning technique is associated with a high mortality rate . in addition , cloning adversely affects biodiversity and genetic inheritance and creates problems related to resistance to emerging risk factors and new zoonotic agents entering europe . __________________ 21scientific opinion of the scientific committee on food safety , animal health and welfare and environmental impact of animals derived from cloning by somatic cell nucleus transfer and their offspring and products obtained from those animals http : / / www . efsa . europa . eu / en / topics / topic / cloning . htm ? wtrl=01 .


### reflecting the important contribution that research and innovation should make to address challenges in food , agriculture , rural development and the bioeconomy , and to seize the corresponding research and innovation opportunities in close synergy with common agricultural policy , relevant actions under the specific programme will be supported with eur 10 billion for the cluster ' food and natural resources ' for the period 2021 - 2027 . ### reflecting the important contribution that research and innovation should make to address challenges in food , agriculture , fisheries and aquaculture , rural development and the bioeconomy , and to seize the corresponding research and innovation opportunities in close synergy with common agricultural policy and common fisheries policy , relevant actions under the specific programme will be supported with eur 16 billion for the cluster ‘ food , natural resources , seas and oceans’ for the period 2021 - 2027 .


### cluster food and natural resources ' , as described in annex i , pillar ii , section 5 ; ### cluster food , natural resources , seas and oceans ' , as described in annex i , pillar ii , section 5 ;


### activities under this cluster contribute in particular to the goals of the energy union , as well as to those of the digital single market , the jobs , growth and investment agenda , the strengthening of the eu as a global actor , the new eu industrial policy strategy , the circular economy , the raw materials initiative , the security union and the urban agenda , as well as the common agricultural policy of the eu as well as eu legal provisions to reduce noise and air pollution . ### activities under this cluster contribute in particular to the goals of the energy union , as well as to those of the digital single market , the jobs , growth and investment agenda , the strengthening of the eu as a global actor , the new eu industrial policy strategy , the circular economy , the raw materials initiative , the security union and the urban agenda , the maritime policy as well as the common agricultural policy of the eu as well as eu legal provisions to reduce noise and air pollution .


### cluster ' food and natural resources ' ### cluster ' food , natural resources , seas and oceans '


### food and natural resources ### food , natural resources , seas and oceans


### 2 . 4 . sea and oceans ### 2 . 4 . seas and oceans


### this directive should apply from 1 april 2019 , so that the last summer - time period subject to the rules of directive 2000 / 84 / ec should start , in every member state , at 1 . 00 a . m . , coordinated universal time , on 31 march 2019 . member states that , after that summer - time period , intend to adopt a standard time corresponding to the time applied during the winter season in accordance with directive 2000 / 84 / ec should change their standard time at 1 . 00 a . m . , coordinated universal time , on 27 october 2019 , so that similar and lasting changes occurring in different member states take place simultaneously . it is desirable that member states take the decisions on the standard time that each of them will apply as from 2019 in a concerted manner . ### it is important to avoid possible complications that could occur when member states are implementing this directive . it is therefore necessary to leave them sufficient time and ensure a harmonized and well - coordinated approach . this directive should apply from 1 april 2020 , so that the last summer - time period subject to the rules of directive 2000 / 84 / ec should start , in every member state , at 1 . 00 a . m . , coordinated universal time , on 31 march 2020 . member states that , after that summer - time period , intend to adopt a standard time corresponding to the time applied during the winter season in accordance with directive 2000 / 84 / ec should change their standard time at 1 . 00 a . m . , coordinated universal time , on 27 october 2020 , so that similar and lasting changes occurring in different member states take place simultaneously . it is desirable that member states take the decisions on the standard time that each of them will apply as from 2020 in a concerted manner .


### this directive should apply from 1 april 2019 , so that the last summer - time period subject to the rules of directive 2000 / 84 / ec should start , in every member state , at 1 . 00 a . m . , coordinated universal time , on 31 march 2019 . member states that , after that summer - time period , intend to adopt a standard time corresponding to the time applied during the winter season in accordance with directive 2000 / 84 / ec should change their standard time at 1 . 00 a . m . , coordinated universal time , on 27 october 2019 , so that similar and lasting changes occurring in different member states take place simultaneously . it is desirable that member states take the decisions on the standard time that each of them will apply as from 2019 in a concerted manner . ### this directive should apply from 1 april 2021 , so that the last summer - time period subject to the rules of directive 2000 / 84 / ec should start , in every member state , at 1 . 00 a . m . , coordinated universal time , on 31 march 2021 . member states that , after that summer - time period , intend to adopt a standard time corresponding to the time applied during the winter season in accordance with directive 2000 / 84 / ec should change their standard time at 1 . 00 a . m . , coordinated universal time , on 27 october 2021 , so that similar and lasting changes occurring in different member states take place simultaneously . it is desirable that member states take the decisions on the standard time that each of them will apply as from 2021 in a concerted manner .


### that notification shall include the name of those authorities , their address , including their electronic address , and their competences . the commission shall publish on its website a list and details of the approval authorities and the market surveillance authorities . ### that notification shall include the name of those authorities , their address , including their electronic address , and their competences . the european agency shall publish on its website a list and details of the approval authorities and the market surveillance authorities .


### those tests and inspections may also take place on registered vehicles in agreement with the vehicle registration holder . ### those tests and inspections may also take place on registered vehicles in agreement with the vehicle registration holder . in such cases , all tests regarded as necessary shall be carried out , and not necessarily only those carried out during the initial type approval . the national authority responsible for carrying out those tests shall not be the same as the one that carried out the initial type approval .


### the power to adopt delegated acts referred to in article 4 , article 5 , article 10 , article 22 , article 24 , article 25 , article 26 , article 28 , article 29 , article 34 , article 55 and , article 56 , article 60 , article 65 , article 76 and article 90 shall be conferred on the commission for an indeterminate period of time from the date of entry into force of this regulation . ### the power to adopt delegated acts referred to in article 4 , article 5 , article 22 , article 24 , article 25 , article 26 , article 28 , article 29 , article 34 , article 55 and , article 56 , article 60 , article 65 and article 76 shall be conferred on the commission for an indeterminate period of time from the date of entry into force of this regulation .


### the delegation of power referred to in article 4 , article 5 , article 10 , article 22 , article 24 , article 25 , article 26 , article 28 , article 29 , article 34 , article 55 and , article 56 , article 60 , article 65 , article 76 and article 90 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of the power specified in that decision . it shall take effect on the day following publication in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force . ### the delegation of power referred to in article 4 , article 5 , article 22 , article 24 , article 25 , article 26 , article 28 , article 29 , article 34 , article 55 and , article 56 , article 60 , article 65 and article 76 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of the power specified in that decision . it shall take effect on the day following publication in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force .


### a delegated act adopted pursuant to article 4 , article 5 , article 10 , article 22 , article 24 , article 25 , article 26 , article 28 , article 29 , article 34 , article 55 and , article 56 , article 60 , article 65 , article 76 and article 90 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or of the council . ### a delegated act adopted pursuant to article 4 , article 5 , article 22 , article 24 , article 25 , article 26 , article 28 , article 29 , article 34 , article 55 and , article 56 , article 60 , article 65 and article 76 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or of the council .


### the stecf has shown that exploitation of most demersal stocks in the western mediterranean exceeds by far the levels required to achieve msy . ### the stecf has shown that exploitation of most demersal stocks in the western mediterranean exceeds by far the levels required to achieve msy , and that over - exploitation poses a high biological risk that these stocks will collapse .


### the objective of the plan provided for in this regulation should be to contribute to the achievement of the cfp , and in particular , reaching and maintaining msy for the target stocks , implementing the landing obligation for demersal stocks subject to minimum conservation reference size , and promoting a fair standard of living for those who depend on fishing activities , bearing in mind coastal fisheries and socio - economic aspects . it should also implement the ecosystem - based approach to fisheries management in order to minimise negative impacts of fishing activities on the marine ecosystem . it should be coherent with the union’s environmental legislation , in particular the objective of achieving good environmental status by 2020 and the objectives of directive 2009 / 147 / ec29 and council directive 92 / 43 / eec30 . _________________ 28 directive 2008 / 56 / ec of the european parliament and of the council of 17 june 2008 establishing a framework for community action in the field of marine environmental policy 29 directive 2009 / 147 / ec of the european parliament and of the council of 30 november 2009 on the conservation of wild birds . 30 council directive 92 / 43 / eec of 21 may 1992 on the conservation of natural habitats and of wild fauna and flora . ### the objective of the plan provided for in this regulation should be to contribute to the achievement of the cfp , and in particular , restoring and maintaining fish stocks above levels of biomass capable of producing msy for the target stocks , implementing the landing obligation for demersal stocks subject to minimum conservation reference size , and promoting a fair standard of living for those who depend on fishing activities , bearing in mind coastal fisheries and socio - economic aspects . it should also implement the ecosystem - based approach to fisheries management by reducing , and when possible eliminating , the negative effects of fishing activities in the marine environment . that plan should also contribute to the achievement of good environmental status , as laid down in directive 2008 / 56 / ec28 and to the achievement of favourable conservation status for habitats and species as required by directive 2009 / 147 / ec of the european parliament and of the council29 and the council directive 92 / 43 / ec30 respectively . _________________ 28 directive 2008 / 56 / ec of the european parliament and of the council of 17 june 2008 establishing a framework for community action in the field of marine environmental policy 29 directive 2009 / 147 / ec of the european parliament and of the council of 30 november 2009 on the conservation of wild birds . 30 council directive 92 / 43 / eec of 21 may 1992 on the conservation of natural habitats and of wild fauna and flora .


### the plan shall contribute to the achievement of the objectives of the common fisheries policy , as listed in article 2 of regulation no 1380 / 2013 , in particular by applying the precautionary approach to fisheries management , and shall aim to ensure that exploitation of living marine biological resources restores and maintains populations of harvested species above levels which can produce msy . ### the plan shall contribute to the achievement of the objectives of the common fisheries policy , as listed in article 2 of regulation no 1380 / 2013 , in particular by applying the precautionary approach to fisheries management , and shall aim to ensure that exploitation of living marine biological resources restores and maintains populations of harvested species above levels which can produce msy . the maximum sustainable yield exploitation rates shall be achieved as soon as possible and on a progressive , incremental basis by 2020 at the latest for all stocks to wich this regulation applies , and maintained thereafter .


### the plan shall implement the ecosystem - based approach to fisheries management in order to ensure that negative impacts of fishing activities on the marine ecosystem are minimised . it shall be coherent with union environmental legislation , in particular with the objective of achieving good environmental status by 2020 as set out in article 1 of directive 2008 / 56 / ec and the objectives set out in articles 4 and 5 of directive 2009 / 147 / ec and articles 6 and 12 of council directive 92 / 43 / eec . ### the plan shall implement the ecosystem - based approach to fisheries management in order to ensure that negative impacts of fishing activities on the marine ecosystem , and in particular on vulnerable habitats and protected species , including marine mammals , reptiles and seabirds , are minimised . it shall be coherent with union environmental legislation , in particular with the objective of achieving good environmental status by 2020 as set out in article 1 of directive 2008 / 56 / ec and the objectives set out in articles 4 and 5 of directive 2009 / 147 / ec and articles 6 and 12 of council directive 92 / 43 / eec .


### each year , in accordance with the scientific advice , the council shall set a maximum allowable fishing effort for each effort group by member state . ### each year , in accordance with the best available scientific advice , the council shall set a maximum allowable fishing effort for each effort group by member state .


### for the first year of implementation of the plan , the maximum allowable fishing effort shall be substantially reduced from the baseline provided for in paragraph 4 , in accordance with the scientific advice . ### for the first year of implementation of the plan , the maximum allowable fishing effort shall be substantially reduced from the baseline provided for in paragraph 4 , in accordance with the best available scientific advice .


### where the scientific advice shows significant catches of a particular stock with fishing gears other than trawls , fishing effort levels shall be set for such particular gear or gears on the basis of such scientific advice . ### where the best available scientific advice shows significant catches of a particular stock with fishing gears other than trawls , fishing effort levels shall be set for such particular gear or gears on the basis of such scientific advice .


### where the scientific advice shows that recreational fisheries have a significant impact on the fishing mortality of a particular stock , the council may limit recreational fisheries when setting fishing opportunities in order to avoid exceeding the total target of fishing mortality . ### where the best available scientific advice shows that recreational fisheries have a significant impact on the fishing mortality of a particular stock , the council may limit recreational fisheries when setting fishing opportunities in order to avoid exceeding the total target of fishing mortality .


### since the adoption in 1992 of the predecessor to regulation no 469 / 2009 , markets have evolved significantly and there has been huge growth in the manufacture of generics and especially of biosimilars , in particular in third countries where protection does not exist or has expired . ### since the adoption in 1992 of the predecessor to regulation no 469 / 2009 , markets have evolved significantly and there has been huge growth in the manufacture of generics and especially of biosimilars and active ingredients , in particular in third countries , outside the european union , where protection does not exist or has expired .


### this regulation does not affect the application of union measures that aim to prevent infringements and facilitate enforcement of intellectual property rights , including directive 2004 / 48 / ec of the european parliament and of the council41 and regulation no 608 / 2013 of the european parliament and of the council42 . _________________ 41 directive 2004 / 48 / ec of the european parliament and of the council of 29 april 2004 on the enforcement of intellectual property rights . 42 regulation no 608 / 2013 of the european parliament and of the council of 12 june 2013 concerning customs enforcement of intellectual property rights . ### this regulation does not affect the application of union measures that aim to prevent infringements and facilitate enforcement of intellectual property rights , including directive 2004 / 48 / ec , regulation no 608 / 2013 and rules on the unique identifier provided for in commission delegated regulation 2016 / 161 .


### the commission should carry out an evaluation of this regulation . pursuant to paragraph 22 of the interinstitutional agreement between the european parliament , the council of the european union and the european commission on better law - making of 13 april 201643 , that evaluation should be based on the five criteria of effectiveness , efficiency , relevance , coherence and added value and should provide the basis for impact assessments of possible further measures . the evaluation should take into account exports to outside the union and the ability of generics and especially biosimilars to enter markets in the union as soon as possible after a certificate lapses . in particular , this evaluation should review the effectiveness of the exception in the light of the aim to restore a global level playing field for generic and biosimilar firms in the union and a swifter entry of generic and especially biosimilar medicines onto the market after a certificate lapses . it should also study the impact of the exception on research and production of innovative medicines by holders of certificates in the union and consider the balance between the different interests at stake , including those of public health . _________________ 43 oj l 123 , 12 . 5 . 2016 , p . 1 . ### the commission should carry out a regular evaluation of this regulation . pursuant to paragraph 22 of the interinstitutional agreement between the european parliament , the council of the european union and the european commission on better law - making of 13 april 201643 , that evaluation should be based on the five criteria of effectiveness , efficiency , relevance , coherence and added value and should provide the basis for impact assessments of possible further measures . the evaluation should take into account exports to outside the union and the ability of generics and especially biosimilars to enter markets in the union as soon as possible after a certificate lapses . to this extent , the evaluation should also address the possible extension of the scope of this regulation to manufacturing within the union by union established makers for reasons of stockpiling with a view to day - 1 entry into the union market when a certificate lapses . in this context , it would be important to ascertain that as a consequence of such an extended scope of the exception , the manufacturing currently taking place outside of the union , would be moved to within its territory . in particular , this evaluation should review the effectiveness of the exception in the light of the aim to restore a global level playing field for generic and biosimilar firms in the union and a swifter entry of generic and especially biosimilar medicines onto the market after a certificate lapses . it should also study the impact of the exception on research and production of innovative medicines by holders of certificates in the union and consider the balance between the different interests at stake , including those of public health . _________________ 43 oj l 123 , 12 . 5 . 2016 , p . 1 .


### a two - year work programme of the platform setting out , inter alia , its detailed tasks and regular reports of the platform in every two years , ### a two - year work programme of the platform setting out , inter alia , its detailed tasks and regular reports of the platform in every two years , the drafting of which shall take account of the gender perspective ,


### the establishment of working groups to examine issues specified in work programmes of the platform . such working groups shall be dissolved as soon as their mandates are fulfilled . ### the establishment of working groups , which must ensure balanced representation , to examine issues specified in the work programmes of the platform . such working groups shall be dissolved as soon as their mandates are fulfilled .


### the commission shall raise public awareness about the existence of the european citizens ' initiative through communication activities and information campaigns , thereby contributing to promoting the active participation of citizens in the political life of the union . ### the commission shall raise public awareness about the existence of the&#160 ; european&#160 ; citizens ' &#160 ; initiative&#160 ; through&#160 ; communication activities and information campaigns , thereby contributing to promoting the active participation of&#160 ; citizens&#160 ; in the political life of the union . &#160 ; targeted communication strategies , including social media , are critical for enhancing the effectiveness of the&#160 ; european&#160 ; citizens ' &#160 ; initiative&#160 ; and for ensuring transparency .


### in the absence of a harmonised framework to ensure the accuracy and integrity of the main categories of low carbon benchmarks used in individual or collective investment portfolios , it is likely that differences in member states ' approaches will create obstacles to the smooth functioning of the internal market . ### in the absence of a harmonised framework to ensure the accuracy and integrity of the main categories of low carbon benchmarks used in individual or collective investment portfolios , differences in member states ' approaches could potentially create obstacles to the smooth functioning of the internal market .


### ‘ positive carbon impact benchmark’ means a benchmark where the underlying assets , for the purposes of point 1 of this paragraph , are selected on the basis that their carbon emissions savings exceed the asset ' s carbon footprint and which is constructed in accordance with the standards laid down in the delegated acts referred to in article 19a . ; ### ‘ negative carbon impact benchmark’ means a benchmark where the underlying assets , for the purposes of point 1 of this paragraph , are selected on the basis that their carbon emissions savings exceed the asset ' s carbon footprint and which is constructed in accordance with the standards laid down in the delegated acts referred to in article 19a . ;


### the positive reweighting of low - carbon assets in the low carbon benchmark versus the parent index and the explanation of why this reweighting is necessary to reflect the chosen objectives of the low carbon benchmark ; ### if the benchmark is tracking a parent benchmark , the positive reweighting of low - carbon assets and low greenhouse gas assets in the climate transition benchmark versus the parent index and the explanation of why this reweighting is necessary to reflect the chosen objectives of the climate transition benchmark ;


### the positive reweighting of low - carbon assets in the low carbon benchmark versus the parent index and the explanation of why this reweighting is necessary to reflect the chosen objectives of the low carbon benchmark ; ### the positive reweighting of low - carbon assets and low greenhouse gas assets in the climate transition benchmark versus the parent index and the explanation of why this reweighting is necessary to reflect the chosen objectives of the climate transition benchmark ;


### the end point in the manufacturing chain should be determined for each relevant component material containing animal by - products in accordance with the procedures laid down in regulation no 1069 / 2009 . where a manufacturing process regulated under this regulation starts already before that end point has been reached , the process requirements of both regulation no 1069 / 2009 and this regulation should apply cumulatively to ce marked fertilising products , which means application of the stricter requirement in case both regulations regulate the same parameter . ### the end point in the manufacturing chain should be determined for each relevant component material containing animal by - products in accordance with the procedures laid down in regulation no 1069 / 2009 . the setting of processing methods and recovery rules for animal by - products for which an end point in the manufacturing chain has been determined should start immediately after the entry into force of this regulation . accordingly , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of expanding or adding , without unnecessary delay , certain animal by - products to the specific component material categories in order to create more opportunities and legal certainty for producers and businesses by unlocking the potential to make more use of nutrients from animal by - products such as animal manure . where a manufacturing process regulated under this regulation starts already before that end point has been reached , the process requirements of both regulation no 1069 / 2009 and this regulation should apply cumulatively to ce marked fertilising products , which means application of the stricter requirement in case both regulations regulate the same parameter .


### for certain recovered wastes within the meaning of directive 2008 / 98 / ec of the european parliament and of the council20 , a market demand for their use as fertilising products has been identified . furthermore , certain requirements are necessary for the waste used as input in the recovery operation and for the treatment processes and techniques , as well as for fertilising products resulting from the recovery operation , in order to ensure that the use of those products does not lead to overall adverse environmental or human health impacts . for ce marked fertilising products , those requirements should be laid down in this regulation . therefore , as of the moment of compliance with all the requirements of this regulation , such products should cease to be regarded as waste within the meaning of directive 2008 / 98 / ec . __________________ 20 directive 2008 / 98 / ec of the european parliament and of the council on waste and repealing certain directives . ### for certain recovered wastes such as struvite , biochar and ash - based products within the meaning of directive 2008 / 98 / ec of the european parliament and of the council20 , a market demand for their use as fertilising products has been identified . furthermore , certain requirements are necessary for the waste used as input in the recovery operation and for the treatment processes and techniques , as well as for fertilising products resulting from the recovery operation , in order to ensure that the use of those products does not lead to overall adverse environmental or human health impacts . for ce marked fertilising products , those requirements should be laid down in this regulation . therefore , as of the moment of compliance with all the requirements of this regulation , such products should cease to be regarded as waste , within the meaning of directive 2008 / 98 / ec , and accordingly it should be possible for products containing or consisting of such recovered waste materials to access the internal market . to ensure legal clarity and to further stimulate the incentive among producers to make more use of valuable waste streams , the scientific analyses and the setting of process requirements on union level for such products should start immediately after the entry into force of this regulation . accordingly , the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission in respect of defining , without unnecessary delay , larger or additional categories of component materials eligible for the use in the production of ce marked fertilising products such as struvite , biochar and ash - based products . __________________ 20 directive 2008 / 98 / ec of the european parliament and of the council on waste and repealing certain directives .


### certain substances , mixtures and micro - organisms , commonly referred to as plant biostimulants , are not as such nutrients , but nevertheless stimulate plants’ nutrition processes . where such products aim solely at improving the plants’ nutrient use efficiency , tolerance to abiotic stress , or crop quality traits , they are by nature more similar to fertilising products than to most categories of plant protection products . such products should therefore be eligible for ce marking under this regulation and excluded from the scope of regulation no 1107 / 2009 of the european parliament and of the council21 . regulation no 1107 / 2009 should therefore be amended accordingly . __________________ 21 regulation no 1107 / 2009 of the european parliament and of the council of 21 october 2009 concerning the placing of plant protection products on the market and repealing council directives 79 / 117 / eec and 91 / 414 / eec . ### certain substances , mixtures and micro - organisms , commonly referred to as plant biostimulants , are not as such nutrients , but nevertheless stimulate plants’ nutrition processes . where such products aim solely at improving the plants’ nutrient use efficiency , tolerance to abiotic stress , or crop quality traits , degradation of soil organic compounds , or increasing the availability of confined nutrients in soil and rhizosphere , they are by nature more similar to fertilising products than to most categories of plant protection products . such products should therefore be eligible for ce marking under this regulation and excluded from the scope of regulation no 1107 / 2009 of the european parliament and of the council21 . regulation no 1107 / 2009 should therefore be amended accordingly . __________________ 21 regulation no 1107 / 2009 of the european parliament and of the council of 21 october 2009 concerning the placing of plant protection products on the market and repealing council directives 79 / 117 / eec and 91 / 414 / eec .


### certain substances , mixtures and micro - organisms , commonly referred to as plant biostimulants , are not as such nutrients , but nevertheless stimulate plants ' nutrition processes . where such products aim solely at improving the plants ' nutrient use efficiency , tolerance to abiotic stress , or crop quality traits , they are by nature more similar to fertilising products than to most categories of plant protection products . such products should therefore be eligible for ce marking under this regulation and excluded from the scope of regulation no 1107 / 2009 of the european parliament and of the council21 . regulation no 1107 / 2009 should therefore be amended accordingly . __________________ 21 regulation no 1107 / 2009 of the european parliament and of the council of 21 october 2009 concerning the placing of plant protection products on the market and repealing council directives 79 / 117 / eec and 91 / 414 / eec . ### certain substances , mixtures and micro - organisms , commonly referred to as plant biostimulants , are not as such nutrients , but nevertheless stimulate plants ' nutrition processes . where such products aim solely at improving the plants ' nutrient use efficiency , tolerance to abiotic stress , crop quality traits , degradation of soil organic compounds , or increasing the availability of confined nutrients in soil , rhizosphere or phyllosphere , they are by nature more similar to fertilising products than to most categories of plant protection products . such products should therefore be eligible for ce marking under this regulation and excluded from the scope of regulation no 1107 / 2009 of the european parliament and of the council21 . regulation no 1107 / 2009 should therefore be amended accordingly . __________________ 21 regulation no 1107 / 2009 of the european parliament and of the council of 21 october 2009 concerning the placing of plant protection products on the market and repealing council directives 79 / 117 / eec and 91 / 414 / eec .


### promising technical progress is being made in the field of recycling of waste , such as phosphorus recycling from sewage sludge , and fertilising product production from animal by - products , such as biochar . it should be possible for products containing or consisting of such materials to access the internal market without unnecessary delay when the manufacturing processes have been scientifically analysed and process requirements have been established at union level . for that purpose , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of defining larger or additional categories of ce marked fertilising products or component materials eligible for use in the production of such products . for animal by - products , component material categories should be expanded or added only to the extent an end point in the manufacturing chain has been determined in accordance with the procedures laid down in regulation no 1069 / 2009 , since animal by - products for which no such end point has been determined are in any event excluded from the scope of this regulation . ### promising technical progress is being made in the field of recycling of waste , such as phosphorus recycling from sewage sludge , in particular struvite , fertilising product production from animal by - products , such as biochar , and phosphorus recovery after incineration , in particular ash - based products . therefore , it should be possible for products containing or consisting of such materials to access the internal market when the manufacturing processes have been scientifically analysed and process requirements have been established at union level . for that purpose , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of defining larger or additional categories of ce marked fertilising products or component materials eligible for use in the production of such products . the first of those delegated acts should , in particular , add struvite , biochar and ash - based products to the categories of component materials and should be adopted as soon as possible after the entry into force of this regulation . for animal by - products , component material categories should be expanded or added only to the extent an end point in the manufacturing chain has been determined in accordance with the procedures laid down in regulation no 1069 / 2009 , since animal by - products for which no such end point has been determined are in any event excluded from the scope of this regulation .


### a ce marked fertilising product that has undergone a recovery operation and complies with the requirements laid down in this regulation shall be considered to comply with the conditions laid down in article 6 of directive 2008 / 98 / ec and shall , therefore , be considered as having ceased to be waste . ### where a material that was waste has undergone a recovery operation in accordance with this regulation and a compliant ce marked fertilising product contains or consists of that material , the material shall be considered to comply with the conditions laid down in article 6 of directive 2008 / 98 / ec and shall , therefore , be considered as having ceased to be waste from the moment the eu declaration of conformity is drawn up .


### the ce marked fertilising product shall contain 40% or more dry matter . ### the ce marked fertilising product shall contain 20% or more dry matter .


### a ce marked fertilising product may contain compost obtained through aerobic composting of exclusively one or more of the following input materials : ### a ce marked fertilising product may contain compost and liquid and non - liquid extracts from compost , obtained through aerobic composting and the ensuing multiplication of the naturally occurring microbials of exclusively one or more of the following input materials :


### - which only processes input materials referred to in paragraph 1 above , and ### - in which production lines for the processing of input materials referred to in paragraph 1 above are clearly separated from production lines for the processing of input materials other than referred to in paragraph 1 , and


### as of [ publications office , please insert the date occurring three years after the date of application of this regulation ] , the following criterion shall be complied with : the polymer shall be capable of undergoing physical , biological decomposition , such that most of it ultimately decomposes into carbon dioxide , biomass and water . it shall have at least 90 % of the organic carbon converted into co2 in maximum 24 months , in a biodegradability test as specified points - below . ### as of [ publications office , please insert the date occurring five years after the date of application of this regulation ] , the commission shall adopt delegated acts , pursuant to article 42 of this regulation , introducing a standard for the biodegradability by setting a timeframe in which at least 90% of the organic carbon is converted into co2 , after the claimed release time of the polymer has been fulfilled , and a biodegradability test that complies with the following criterion : the polymer is capable of undergoing physical , biological decomposition , such that most of it ultimately decomposes into carbon dioxide , biomass and water .


### forms for the declared nutrient and other declared quality criteria electric conductivity ph quantity by volume quantity determination of materials with particle size greater than 60 mm quantity determination of pre - shaped gm water - soluble nitrogen water - soluble phosphorus pentoxide water - soluble potassium oxide forms for the declared nutrient and other declared quality criteria electric conductivity ph quantity by volume quantity determination of materials with particle size greater than 60 mm quantity determination of pre - shaped gm water - soluble nitrogen water - soluble phosphorus pentoxide water - soluble potassium oxide ### permissible tolerances for the declared parameter ± 50% relative deviation at the time of manufacture ± 75% relative deviation at any time in the distribution chain ± 0 , 7 at the time of manufacture ± 1 , 0 at any time in the distribution chain - 5% relative deviation at the time of manufacture - 25% relative deviation at any time in the distribution chain - 5% relative deviation at the time of manufacture - 25% relative deviation at any time in the distribution chain - 5% relative deviation at the time of manufacture - 25% relative deviation at any time in the distribution chain ± 50% relative deviation at the time of manufacture ± 75% relative deviation at any time in the distribution chain ± 50% relative deviation at the time of manufacture ± 75% relative deviation at any time in the distribution chain ± 50% relative deviation at the time of manufacture ± 75% relative deviation at any time in the distribution chain permissible tolerances for the declared parameter ± 50% relative deviation at the time of manufacture ± 75% relative deviation at any time in the manufacturing chain ± 0 , 7 at the time of manufacture ± 1 , 0 at any time in the manufacturing chain - 5% relative deviation at the time of manufacture - 25% relative deviation at any time in the manufacturing chain - 5% relative deviation at the time of manufacture - 25% relative deviation at any time in the manufacturing chain - 5% relative deviation at the time of manufacture - 25% relative deviation at any time in the manufacturing chain ± 50% relative deviation at the time of manufacture ± 75% relative deviation at any time in the manufacturing chain ± 50% relative deviation at the time of manufacture ± 75% relative deviation at any time in the manufacturing chain ± 50% relative deviation at the time of manufacture ± 75% relative deviation at any time in the manufacturing chain


### proposal for a regulation of the european parliament and of the council laying down common provisions on the european regional development fund , the european social fund plus , the cohesion fund , and the european maritime and fisheries fund and financial rules for those and for the asylum and migration fund , the internal security fund and the border management and visa instrument ### proposal for a regulation of the european parliament and of the council laying down common provisions on the european regional development fund , the european social fund plus , the cohesion fund , and the european maritime and fisheries fund and financial rules for those and for the asylum , migration and integration fund , the internal security fund and the border management and visa instrument


### in order to further develop a coordinated and harmonised implementation of union funds implemented under shared management namely the european regional development fund , the european social fund plus , the cohesion fund , measures financed under shared management in the european maritime and fisheries fund , the asylum and migration fund , internal security fund and integrated border management fund , financial rules based on article 322 of the tfeu should be established for all these funds , clearly specifying the scope of application of the relevant provisions . in addition , common provisions based on article 177 of the tfeu should be established to cover policy specific rules for the erdf , the esf + , the cohesion fund and the emff . ### in order to further develop a coordinated and harmonised implementation of union funds implemented under shared management namely the european regional development fund , the european social fund plus , the cohesion fund , measures financed under shared management in the european maritime and fisheries fund , the asylum and migration fund , internal security fund and integrated border management fund , financial rules based on article 322 of the tfeu should be established for all these funds , clearly specifying the scope of application of the relevant provisions . in addition , common provisions based on article 177 of the tfeu should be established to cover policy specific rules for the erdf , the esf + , the cohesion fund and the emff . as regards the eafrd , though no longer in the scope of this regulation , it is necessary to carry out integrated territorial development using the multi - fund approach including clld and iti . the partnership agreement , as well as the cap plans , will be required to outline the respective priorities under each fund , the use of lead fund , and the demarcation between the respective interventions and delivery instruments .


### the principle of partnership is a key feature in the implementation of the funds , building on the multi - level governance approach and ensuring the involvement of civil society and social partners . in order to provide continuity in the organisation of partnership , commission delegated regulation no 240 / 201413 should continue to apply . _________________ 13 commission delegated regulation no 240 / 2014 of 7 january 2014 on the european code of conduct on partnership in the framework of the european structural and investment funds . ### the principle of partnership is a key feature in the implementation of the funds , building on the multi - level governance approach at local , regional and national level , and ensuring the involvement of civil society and social partners . in order to provide continuity in the organisation of partnership , commission delegated regulation no 240 / 201413 should continue to apply . _________________ 13 commission delegated regulation no 240 / 2014 of 7 january 2014 on the european code of conduct on partnership in the framework of the european structural and investment funds .


### member states should establish a performance framework for each programme covering all indicators , milestones and targets to monitor , report on and evaluate programme performance . ### member states should establish a performance framework for each programme covering all indicators , milestones , deadlines and targets to monitor , report on and evaluate programme performance .


### to strengthen the integrated territorial development approach , investments in the form of territorial tools such as integrated territorial investments , community - led local development or any other territorial tool under policy objective ' a europe closer to citizens ' supporting initiatives designed by the member state for investments programmed for the erdf should be based on territorial and local development strategies . for the purposes of itis and territorial tools designed by member states , minimum requirements should be set out for the content of territorial strategies . those territorial strategies should be developed and endorsed under the responsibility of relevant authorities or bodies . to ensure the involvement of relevant authorities or bodies in implementing territorial strategies , those authorities or bodies should be responsible for the selection of operations to be supported , or involved in that selection . ### to strengthen the integrated territorial development approach , investments in the form of territorial tools such as integrated territorial investments , community - led local development or any other territorial tool under policy objective ' a europe closer to citizens ' supporting initiatives designed by the member state for investments programmed for the erdf should be based on territorial , regional and local development strategies . for the purposes of itis and territorial tools designed by member states , minimum requirements should be set out for the content of territorial strategies . those territorial strategies should be developed and endorsed under the responsibility of relevant authorities or bodies . to ensure the involvement of relevant authorities or bodies in implementing territorial strategies , those authorities or bodies should be responsible for the selection of operations to be supported , or involved in that selection .


### to better mobilise potential at the local level , it is necessary to strengthen and facilitate clld . it should take into account local needs and potential , as well as relevant socio - cultural characteristics , and should provide for structural changes , build community capacity and stimulate innovation . the close cooperation and integrated use of the funds to deliver local development strategies should be strengthened . local action groups , representing the interests of the community , should be , as an essential principle responsible for the design and implementation of clld strategies . in order to facilitate coordinated support from different funds to clld strategies and to facilitate their implementation , the use of a ' lead fund ' approach should be facilitated . ### to better mobilise potential at the regional and local level , it is necessary to strengthen and facilitate community - led regional and local development . it should take into account local needs and potential , as well as relevant socio - cultural characteristics , and should provide for structural changes , build community capacity and stimulate innovation and management capacities . the close cooperation and integrated use of the funds to deliver regional and local development strategies should be strengthened . local action groups , representing the interests of the community , should be , as an essential principle responsible for the design and implementation of clld strategies . in order to facilitate coordinated support from different funds to community - led regional and local development strategies and to facilitate their implementation , the use of a ' lead fund ' approach should be facilitated .


### in order to examine the performance of the programmes , the member state should set up monitoring committees . for the erdf , the esf + and the cohesion fund , annual implementation reports should be replaced by an annual structured policy dialogue based on the latest information and data on programme implementation made available by the member state . ### in order to examine the performance of the programmes , the member state should setup monitoring committees . for the erdf , the esf + and the cohesion fund , annual implementation reports should be replaced by an annual structured policy dialogue based on the latest information and data on programme implementation made available by the member state with the information given by regional and local entities .


### in order to optimise the uptake of co - financed environmental investments , synergies should be ensured with the life programme for environmental and climate action , in particular through life strategic integrated projects and strategic nature projects . ### in order to optimise the uptake of co - financed environmental investments , synergies should be ensured with the life programme for environmental and climate action , in particular through life strategic integrated projects and strategic nature projects . the union should ensure that support from the life programme is consistent with the policies and priorities of the union and complementary to other financial instruments of the union , while also ensuring that simplification measures are implemented .


### to ensure an appropriate balance between the effective and efficient implementation of the funds and the related administrative costs and burdens , the frequency , scope and coverage of management verifications should be based on a risk assessment that takes account of factors such as the type of operations implemented , the beneficiaries as well as the level of risk identified by previous management verifications and audits . ### to ensure an appropriate balance between the effective and efficient implementation of the funds and the related administrative costs and burdens , the frequency , scope and coverage of management verifications should be based on a risk assessment that takes account of factors such as the type of operations implemented , the complexity and amount of operations , the beneficiaries , as well as the level of risk identified by previous management verifications and audits .


### member states should also prevent , detect and deal effectively with any irregularities including fraud committed by beneficiaries . moreover , in accordance with regulation no 883 / 201318 , and regulations no 2988 / 9519 and no 2185 / 9620 the european anti - fraud office may carry out administrative investigations , including on - the - spot checks and inspections , with a view to establishing whether there has been fraud , corruption or any other illegal activity affecting the financial interests of the union . in accordance with regulation 2017 / 193921 , the european public prosecutor ' s office may investigate and prosecute fraud and other criminal offences affecting the financial interests of the union as provided for in directive 2017 / 137122 on the fight against fraud to the union ' s financial interests by means of criminal law . member states should take the necessary measures so that any person or entity receiving union funds fully cooperates in the protection of the union’s financial interests , grants the necessary rights and access to the commission , the european anti - fraud office , the european public prosecutor ' s office and the european court of auditors and ensures that any third parties involved in the implementation of union funds grant equivalent rights . member states should report to the commission on detected irregularities including fraud , and on their follow - up as well as on the follow - up of olaf investigations . _________________ 18 regulation no 883 / 2013 of the european parliament and of the council of 11 september 2013 concerning investigations conducted by the european anti - fraud office and repealing regulation no 1073 / 1999 of the european parliament and of the council and council regulation no 1074 / 1999 . 19 council regulation no 2988 / 95 of 18 december 1995 on the protection of the european communities financial interests . 20 council regulation no 2185 / 96 of 11 november 1996 concerning on - the - spot checks and inspections carried out by the commission in order to protect the european communities ' financial interests against fraud and other irregularities . 21 council regulation 2017 / 1939 of 12 october 2017 implementing enhanced cooperation on the establishment of the european public prosecutor’s office . 22 directive 2017 / 1371 of the european parliament and of the council of 5 july 2017 on the fight against fraud to the union ' s financial interests by means of criminal law . ### member states should also prevent , detect and deal effectively with any irregularities including fraud committed by beneficiaries . moreover , in accordance with regulation no 883 / 201318 , and regulations no 2988 / 9519 and no 2185 / 9620 the european anti - fraud office may carry out administrative investigations , including on - the - spot checks and inspections , with a view to establishing whether there has been fraud , corruption or any other illegal activity affecting the financial interests of the union . in accordance with regulation 2017 / 193921 , the european public prosecutor ' s office may investigate and prosecute fraud and other criminal offences affecting the financial interests of the union as provided for in directive 2017 / 137122 on the fight against fraud to the union ' s financial interests by means of criminal law . member states should take the necessary measures so that any person or entity receiving union funds fully cooperates in the protection of the union’s financial interests , grants the necessary rights and access to the commission , the european anti - fraud office , the european public prosecutor ' s office and the european court of auditors and ensures that any third parties involved in the implementation of union funds grant equivalent rights . member states should report in a detailed manner to the commission on detected irregularities including fraud , and on their follow - up as well as on the follow - up of olaf investigations and , if applicable , the reasons why no follow - up was made on olaf investigations . member states that do not participate in the enhanced cooperation on the eppo should report in a detailed manner to the commission on the prosecution of detected cases of fraud and , if applicable , on the cooperation with eurojust for the matters that are in the scope of competence of the eppo . _________________ 18 regulation no 883 / 2013 of the european parliament and of the council of 11 september 2013 concerning investigations conducted by the european anti - fraud office and repealing regulation no 1073 / 1999 of the european parliament and of the council and council regulation no 1074 / 1999 . 19 council regulation no 2988 / 95 of 18 december 1995 on the protection of the european communities financial interests . 20 council regulation no 2185 / 96 of 11 november 1996 concerning on - the - spot checks and inspections carried out by the commission in order to protect the european communities ' financial interests against fraud and other irregularities . 21 council regulation 2017 / 1939 of 12 october 2017 implementing enhanced cooperation on the establishment of the european public prosecutor’s office . 22 directive 2017 / 1371 of the european parliament and of the council of 5 july 2017 on the fight against fraud to the union ' s financial interests by means of criminal law .


### in order to set out an appropriate financial framework for the erdf , the esf + and the cohesion fund , the commission should set out the annual breakdown of available allocations per member state under the investment for jobs and growth goal together with the list of eligible regions , as well as the allocations for the european territorial cooperation goal . taking into account that the national allocations of member states should be established on the basis of the statistical data and forecasts available in 2018 and given the forecasting uncertainties , the commission should review the total allocations of all member states in 2024 on the basis of the most recent statistics available at the time and , where there is a cumulative divergence of more than + / - 5 % , it should adjust those allocations for the years 2025 to 2027 in order for the outcomes of the mid - term review and the technical adjustment exercise to be reflected in programme amendments at the same time . ### in order to set out an appropriate financial framework for the erdf , the esf + , the eafrd , the emff and the cohesion fund , the commission should set out the annual breakdown of available allocations per member state under the investment for jobs and growth goal together with the list of eligible regions , as well as the allocations for the european territorial cooperation goal . taking into account that the national allocations of member states should be established on the basis of the statistical data and forecasts available in 2018 and given the forecasting uncertainties , the commission should review the total allocations of all member states in 2024 on the basis of the most recent statistics available at the time and , where there is a cumulative divergence of more than + / - 5 % , it should adjust those allocations for the years 2025 to 2027 in order for the outcomes of the mid - term review and the technical adjustment exercise to be reflected in programme amendments at the same time .


### a certain amount of the resources from erdf , the esf + and the cohesion fund should be allocated to the european urban initiative which should be implemented through direct or indirect management by the commission . ### a certain amount of the resources from erdf , the esf + and the cohesion fund should be allocated to the european urban initiative which should be implemented through direct or indirect management by the commission . following the ep resolution calling for an eu agenda for rural , mountainous and remote areas , similar provision should be addressed to those areas as well .


### ' specific fund ' means a fund , set - up by a managing authority or a holding fund , to provide financial products to final recipients ; ### ' specific fund ' means a fund through which a managing authority or a holding fund provides financial products to final recipients ;


### a greener , low - carbon europe by promoting clean and fair energy transition , green and blue investment , the circular economy , climate adaptation and risk prevention and management ; ### low - carbon and circular europe economy by promoting zero emission energy transition , low carbon and blue investment , the circular economy , climate adaptation and risk prevention and management ;


### each member state shall prepare a partnership agreement which sets out arrangements for using the funds in an effective and efficient way for the period from 1 january 2021 to 31 december 2027 . ### each member state shall prepare an investment strategy which sets out arrangements for using the funds in an effective and efficient way to achieve the objectives of the funds and fill in the investment gap at local , regional and national level for the period from 1 january 2021 to 31 december 2027 .


### the member state shall submit the partnership agreement to the commission before or at the same time as the submission of the first programme . ### the member state shall submit the investment strategy to the commission before or at the same time as the submission of the first programme .


### a summary of the actions which the member state concerned shall take to reinforce its administrative capacity of the implementation of the funds . ### a summary of the actions which the member state concerned shall take to reinforce its administrative capacity of the management and control system of the funds as well as a summary of the actions for simplifying the procedures for beneficiaries .


### a summary of the actions which the member state concerned shall take to reinforce its administrative capacity of the implementation of the funds . ### a summary of the actions which the member state concerned shall take to reinforce its administrative capacity of programme management and the implementation of the funds .


### with regard to the european territorial cooperation goal , the partnership agreement shall only contain the list of planned programmes . ### with regard to the european territorial cooperation goal , the investment strategy shall only contain the cross border investment needs and planned programmes .


### the commission shall assess the partnership agreement and its compliance with this regulation and with the fund - specific rules . in its assessment , the commission shall , in particular , take into account relevant country - specific recommendations . ### the commission shall assess the investment strategy and its compliance with this regulation and with the fund - specific rules . in its assessment , the commission shall , in particular , take into account relevant country - specific recommendations where relevant .


### the commission may make observations within three months of the date of submission by the member state of the partnership agreement . ### the commission may make observations within one month of the date of submission by the member state of the investment strategy .


### the commission shall adopt a decision by means of an implementing act approving the partnership agreement no later than four months after the date of submission of that partnership agreement by the member state concerned . the partnership agreement shall not be amended . ### the commission shall adopt a decision by means of an implementing act approving the investment strategy no later than one month after the date of submission of that investment strategy by the member state concerned .


### the contribution agreement for an amount referred to in paragraph 1 allocated in the request of the amendment of a programme shall be concluded simultaneously with the adoption of the decision amending the programme . ### the contribution agreement for an amount referred to in paragraph 1 allocated in the request of the amendment of a programme shall be concluded , or amended as the case may be , simultaneously with the adoption of the decision amending the programme .


### the contribution agreement for an amount referred to in paragraph 1 allocated in the request of the amendment of a programme shall be concluded simultaneously with the adoption of the decision amending the programme . ### the contribution agreement for an amount referred to in paragraph 1 allocated in the request of the amendment of a programme shall be concluded or amended as the case may be , simultaneously with the adoption of the decision amending the programme .


### where a guarantee agreement , as set out in article [ 9 ] of the [ investeu regulation ] , has not been concluded within nine months from the approval of the contribution agreement , the respective amounts paid into the common provisioning fund as a provisioning shall be transferred back to a programme or programmes and the member state shall submit a corresponding request for a programme amendment . ### where pursuant to article [ 9 ] of the [ investeu regulation ] , there are contributions to the common provisioning fund as a provisioning which are unused as a consequence of a guarantee agreement not being concluded within eighteen months from the approval of the contribution agreement , or an amendment to it or the amount of the contribution agreement not being fully committed through one or more guarantee agreements , such amounts shall be transferred back to a programme or programmes and the member state shall submit a corresponding request for a programme amendment .


### resources generated by or attributable to the amounts contributed to investeu and delivered through budgetary guarantees shall be made available to the member state and shall be used for support under the same objective or objectives in the form of financial instruments . ### resources generated by or attributable to the amounts contributed to investeu and delivered through budgetary guarantees shall , at the member state’s request , be re - used under the investeu or made available to the member state and shall , in this case , be used for support under the same objective or objectives in the form of financial instruments or budgetary guarantees .


### when preparing a programme or introducing a new specific objective as part of a programme amendment , the member state shall assess whether the enabling conditions linked to the selected specific objective are fulfilled . an enabling condition is fulfilled where all the related criteria are met . the member state shall identify in each programme or in the programme amendment the fulfilled and non - fulfilled enabling conditions and where it considers that an enabling condition is fulfilled , it shall provide justification . ### when preparing a programme or introducing a new specific objective as part of a programme amendment , the member state shall assess whether the enabling conditions linked to the selected specific objective are fulfilled . an enabling condition is fulfilled where all the related criteria are met . the member state shall identify in each programme or in the programme amendment the fulfilled and non - fulfilled enabling conditions and where it considers that an enabling condition is fulfilled , it shall provide justification . upon request of a member state , the eib shall contribute to the assessments of actions needed to fulfil the enabling conditions linked to the selected specific objective .


### the interregional and transnational actions with beneficiaries located in at least one other member state ; ### the interregional , cross - border and transnational actions with beneficiaries located in at least one other member state ;


### the commission shall assess the programme and its compliance with this regulation and with the fund - specific regulations , as well as its consistency with the partnership agreement . in its assessment , the commission shall , in particular , take into account relevant country - specific recommendations . ### the commission shall assess the compliance of the programme with the investment needs at national , regional and local level , its compliance with this regulation and with the fund - specific regulations , as well as its consistency with the investment strategy and the simplification measures proposed . in its assessment , the commission shall also take into account relevant country - specific recommendations .


### the member state may transfer during the programming period an amount of up to 5 % of the initial allocation of a priority and no more than 3 % of the programme budget to another priority of the same fund of the same programme . for the programmes supported by the erdf and esf + , the transfer shall only concern allocations for the same category of region . ### without commission approval , the member state may transfer during the programming period an amount of up to 30% of the initial allocation of a priority and no more than 30 % of the programme budget to another priority of the same fund of the same programme .


### the approval of the commission shall not be required for corrections of a purely clerical or editorial nature that do not affect the implementation of the programme . member states shall inform the commission of such corrections . ### the approval of the commission shall not be required for corrections of a purely clerical , technical or editorial nature that do not affect the implementation of the programme . member states shall inform the commission of such corrections .


### the erdf and the esf + may finance , in a complementary manner and subject to a limit of 10 % of support from those funds for each priority of a programme , all or part of an operation for which the costs are eligible for support from the other fund on the basis of eligibility rules applied to that fund , provided that such costs are necessary for the implementation . ### the erdf , the esf + and , for clld and iti , the eafrd may finance , in a complementary manner and subject to a limit of 10 % of support from those funds for each priority of a programme , all or part of an operation for which the costs are eligible for support from the other fund on the basis of eligibility rules applied to that fund , provided that such costs are necessary for the implementation .


### member states may request the transfer of up to 5 % of programme financial allocations from any of the funds to any other fund under shared management or to any instrument under direct or indirect management . ### member states may request the transfer of up to 5 % of programme financial allocations from any of the funds to any other fund under shared management or to any instrument under direct or indirect management . the contribution transferred in accordance with this article shall not be taken into account for the purpose of article 10 .


### territorial strategies shall be drawn up under the responsibility of the relevant urban , local or other territorial authorities or bodies . ### territorial strategies shall be drawn up under the responsibility of the relevant regional , urban , local or other territorial authorities or bodies .


### the member state shall ensure that support from the funds for community - led local development covers : ### with a view to ensuring complementarities and synergies , the member state shall ensure that support from the funds , including the eafrd , for the purpose of community - led local development covers :


### the member state shall ensure that support from the funds for community - led local development covers : ### support from the funds for community - led local development may cover :


### capacity building and preparatory actions supporting the design and future implementation of the strategies ; ### capacity building and preparatory actions supporting the design and future implementation of the strategies and , where necessary , supporting project management ;


### representatives of the commission shall participate in the work of the monitoring committee in an advisory capacity . ### representatives of the commission , european investment bank or european investment fund shall participate in the work of the monitoring committee in an advisory capacity .


### the managing authority shall carry out evaluations of the programme . each evaluation shall assess the programme ' s effectiveness , efficiency , relevance , coherence and eu added value with the aim to improve the quality of the design and implementation of programmes . ### the member states and the commission shall carry out evaluations of the programme . each evaluation shall assess the programme ' s effectiveness , efficiency , relevance , coherence and eu added value with the aim to improve the quality of the design and implementation of programmes . the authority which carries out the evaluations should be independent of the managing authority and not under the responsibility of the same ministry . the commission shall assess the independence of the authority carries out the evaluation .


### providing on the beneficiary ' s professional website or social media sites , where such sites exist , a short description of the operation , proportionate to the level of support , including its aims and results , and highlighting the financial support from the union ; ### providing on the beneficiary ' s professional website and social media sites , where such sites exist , a short description of the operation , proportionate to the level of support , including its aims and results , and stating explicitly the financial support from the union ;


### a flat rate of up to 25 % of eligible direct costs , provided that the rate is calculated in accordance with article 48 . ### a flat rate of up to 35 % of eligible direct costs , provided that the rate is calculated in accordance with article 48 .


### financial instruments may be combined with ancillary programme support in the form of grants as a single financial instrument operation , within a single funding agreement , where both distinct forms of support shall be provided by the body implementing the financial instrument . in such case the rules applicable to financial instruments shall apply to that single financial instrument operation . ### financial instruments may be combined with ancillary programme support in the form of grants as a single financial instrument operation , within a single funding agreement , where both distinct forms of support shall be provided by the body implementing the financial instrument . where the amount of the programme support in the form of grant is less than the amount of programme support in the form of a financial instrument , the rules applicable to financial instruments shall apply .


### interest and other gains attributable to support from the funds paid to financial instruments shall be used under the same objective or objectives as the initial support from the funds , either within the same financial instrument ; or , following the winding up of the financial instrument , in other financial instruments or other forms of support , until the end of the eligibility period . ### interest and other gains attributable to support from the funds paid to financial instruments supported by the fund shall be used under the same objective or objectives , including the reimbursement of management costs and payment of fees , as the initial support from the funds , either within the same financial instrument ; or , where this is not practicable , in other financial instruments or other forms of support , until the end of the eligibility period .


### the level of such differentiated treatment shall not exceed what is necessary to create incentives for attracting private resources , established by either a competitive process or an independent assessment . ### the level of such differentiated treatment shall not exceed what is necessary to create incentives for increasing the leverage effect , established by either a competitive process or an specific assessment .


### for point of paragraph 1 , management fees shall be performance based . where bodies implementing a holding fund and / or specific funds , pursuant to article 53 , are selected through a direct award of contract , the amount of management cost and fees paid to those bodies that can be declared as eligible expenditure shall be subject to a threshold of up to 5 % of the total amount of programme contributions disbursed to final recipients in loans , equity or quasi - equity investments or set aside as agreed in guarantee contracts . ### for point of paragraph 1 , management fees shall include a performance element disbursed to final recipients in loans , equity or quasi - equity investments or set aside as agreed in guarantee contracts committed to such bodies . where bodies implementing a holding fund and / or specific funds , pursuant to article 53 , are selected through a direct award of contract , the amount of management cost and fees paid to each of those bodies that can be declared as eligible expenditure shall be determined as follows : –in recognition of the fact that setting up financial instruments implies costs not linked to disbursements to final recipients , a base fee subject to a threshold of up to 1 % per annum of the total amount of programme contributions paid to the holding fund and / or specific funds ; plus –with a view to incentivising performance of the financial instruments , a performance fee to be determined between the parties , subject to an overall threshold of up to 6 % of the total amount of programme contributions disbursed to final recipients in loans , equity or quasi - equity investments or set aside as agreed in guarantee contracts . that threshold is not mandatory : where the selection of bodies implementing financial instruments is made through a competitive selection process in accordance with the applicable law and the competitive process establishes the need for a higher level of management costs and fees ; and where the management cost or fee is paid in relation to the use of resources paid back before the end of the eligibility period under article 56 .


### member states shall ensure that all exchanges of information between beneficiaries and the programme authorities are carried out by means of electronic data exchange systems in accordance with annex xii . ### member states shall ensure that all exchanges of information between beneficiaries and the programme authorities are carried out by means of simple , user - friendly , efficient and rapid electronic data exchange systems in accordance with annex xii . the member states and the commission shall ensure that no administrative burden is put on beneficiaries .


### the commission shall satisfy itself that member states have management and control systems that comply with this regulation and that those systems function effectively during the implementation of the programmes . the commission shall draw up an audit strategy and an audit plan which shall be based on a risk - assessment . ### the commission shall satisfy itself that member states have management and control systems that comply with this regulation and that those systems function effectively during the implementation of the programmes . the commission shall draw up for all member states an audit strategy and an audit plan which shall be based on a risk - assessment .


### the audit authority shall prepare an audit strategy based on a risk assessment , taking account of the management and control system description provided for in article 63 , covering system audits and audits of operations . the audit strategy shall include system audits of newly identified managing authorities and authorities in charge of the accounting function within nine months following their first year of functioning . the audit strategy shall be prepared in accordance with the template set out in annex xviii and shall be updated annually following the first annual control report and audit opinion provided to the commission . it may cover one or more programmes . ### the audit authority shall prepare an audit strategy based on a risk assessment , taking account of the management and control system description provided for in article 63 , covering system audits , financial and performance audits of operations as well as audits to identify simplification measures to be implemented for beneficiaries . the audit strategy shall include system audits of newly identified managing authorities and authorities in charge of the accounting function within nine months following their first year of functioning . the audit strategy shall be prepared in accordance with the template set out in annex xviii and shall be updated annually following the first annual control report and audit opinion provided to the commission . it may cover one or more programmes .


### 2021 : 0 . 5 % ; ### 2021 : 1 % ;


### 2021 : 0 . 5 % ; ### 2021 : 2 % ;


### 0 . 4 % as additional funding for the outermost regions identified in article 349 of the tfeu and the nuts level 2 regions fulfilling the criteria laid down in article 2 of protocol no 6 to the 1994 act of accession . ### xx , xx % as additional funding for the outermost regions identified in article 349 of the tfeu and the nuts level 2 regions fulfilling the criteria laid down in article 2 of protocol no 6 to the 1994 act of accession .


### the amount of resources available for the esf + under the investment for jobs and growth goal shall be eur 88 646 194 590 . ### the amount of resources available for the esf + under the investment for jobs and growth goal shall be decided at member state level , taking into account the socio economic situation at national , regional and local level as well as the investment needs of member states and regions .


### the amount of support from the cohesion fund to be transferred to the cef shall be eur 10 000 000 000 . it shall be spent for transport infrastructure projects by launching specific calls in accordance with regulation [ number of new cef regulation ] exclusively in member states eligible for funding from the cohesion fund . ### the amount of support from the cohesion fund to be transferred to the cef shall be eur 10 000 000 000 . it shall be spent for transport infrastructure projects , taking into account the investment infrastructure needs of member states and regions by launching specific calls in accordance with regulation [ number of new cef regulation ] exclusively in member states eligible for funding from the cohesion fund .


### the co - financing rate for the cohesion fund at the level of each priority shall not be higher than 70 % . ### the co - financing rate for the cohesion fund at the level of a programme shall not be higher than 70 % .


### in a competitive internal market , service providers compete not only on the basis of a labour costs but also on factors such as productivity and efficiency , or the quality and innovation of their goods and services . ### in a competitive internal market , service providers compete not only on the basis of a labour costs but also on factors such as supply of skills , productivity and efficiency , or the quality and innovation of their goods and services .


### sis includes a central system and national systems with a full or partial copy of the sis database . considering that sis is the most important information exchange instrument in europe , it is necessary to ensure its uninterrupted operation at central as well as at national level . therefore each member state should establish a partial or full copy of the sis database and should set up its backup system . ### sis includes a central system and national systems which may contain a full or partial copy of the sis database . considering that sis is the most important information exchange instrument in europe , it is necessary to ensure its uninterrupted operation at central as well as at national level . therefore considerable investments are needed to bolster and improve the central system and its backup system .


### it is necessary to maintain a manual setting out the detailed rules for the exchange of certain supplementary information concerning the action called for by alerts . national authorities in each member state , should ensure the exchange of this information . ### it is necessary to maintain a manual setting out the detailed rules for the exchange of certain supplementary information concerning the action called for by alerts . national authorities in each member state , should ensure the exchange of this information in a fast and efficient manner .


### without prejudice to the responsibility of member states for the accuracy of data entered into sis , the agency should become responsible for reinforcing data quality by introducing a central data quality monitoring tool , and for providing reports at regular intervals to the member states . ### without prejudice to the responsibility of member states for the accuracy of data entered into sis , the agency should become responsible for reinforcing data quality by introducing a central data quality monitoring tool , and for providing reports at regular intervals to the member states . to improve the quality and processing of data by end - users , the agency should also be tasked with organising training sessions , in particular for sirene staff , on the use of sis ii , in accordance with rule 3 no 1077 / 2011 ) .


### in order to allow better monitoring of the use of sis to analyse trends concerning migratory pressure and border management , the agency should be able to develop a state - of - the - art capability for statistical reporting to the member states , the commission , europol and the european border and cost guard agency without jeopardising data integrity . therefore , a central statistical repository should be established . any statistic produced should not contain personal data . ### in order to allow better monitoring of the use of sis to analyse trends concerning migratory pressure and border management , the agency should be able to develop a state - of - the - art capability for statistical reporting to the member states , the european parliament , the commission , europol and the european border and cost guard agency without jeopardising data integrity . therefore , a central statistical repository should be established . any statistic produced should not contain personal data .


### this regulation should set out the conditions for use of dactylographic data and facial images for identification purposes . the use of facial images for identification purposes in sis should also help ensure consistency in border control procedures where identification and the verification of identity are required by the use of dactylographic data and facial images . searching with dactylographic data should be mandatory if there is any doubt concerning the identity of a person . facial images for identification purposes should only be used in the context of regular border controls in self - service kiosks and electronic gates . ### this regulation should set out the conditions for use of dactyloscopic data , photographs and facial images for identification purposes . the use of dactyloscopic data and facial images for identification purposes in sis should also help ensure consistency in border control procedures where identification and the verification of identity are required by the use of dactyloscopic data and facial images . searching with dactyloscopic data should be mandatory if there is any doubt concerning the identity of a person . to verify whether the person already appears in sis under another identity or alert , a fingerprint search can be carried out before a new alert is entered . facial images for identification purposes should only be used in the context of regular border controls in self - service kiosks and electronic gates .


### the integrity of sis data is of primary importance . therefore , appropriate safeguards should be provided to process sis data at central as well as at national level to ensure the end - to - end security of data . the authorities involved in the data processing should be bound by the security requirements of this regulation and be subject to a uniform incident reporting procedure . ### the integrity of sis data is of primary importance . therefore , appropriate safeguards should be provided to process sis data at central as well as at national level to ensure the end - to - end security of data . the authorities involved in the data processing should be bound by the security requirements of this regulation , be appropriately trained for that purpose , be subject to a uniform incident reporting procedure and be informed of any offences and criminal penalties in this respect .


### data processed in sis in application of this regulation should not be transferred or made available to third countries or to international organisations . ### data processed in sis and the related supplementary information exchanged pursuant to this regulation shall not be transferred or made available to third countries or to international organisations .


### the national independent supervisory authorities should monitor the lawfulness of the processing of personal data by the member states in relation to this regulation . the rights of data subjects for access , rectification and erasure of their personal data stored in sis , and subsequent remedies before national courts as well as the mutual recognition of judgments should be set out . therefore , it is appropriate to require annual statistics from member states . ### the national independent supervisory authorities should monitor the lawfulness of the processing of personal data by the member states in relation to this regulation , including the exchange and further processing of supplementary information . the rights of data subjects for access , rectification , deletion , erasure of their personal data stored in sis and compensation , and subsequent remedies before national courts as well as the mutual recognition of judgments should be set out . therefore , it is appropriate to require member states to develop a standard statistical system for reporting annually by means of a cooperation mechanism between national supervisory authorities and the european data protection supervisor .


### ‘ supplementary information’ means information not forming part of the alert data stored in sis , but connected to sis alerts , which is to be exchanged : ### ‘ supplementary information’ means information not forming part of the alert data stored in sis , but connected to sis alerts , which is to be exchanged by the sirene bureaux :


### each member state shall transmit its alerts via its n . sis office . ### each member state shall enter alerts on the basis of all available information falling under the scope of this regulation , and shall transmit its alerts via its n . sis office .


### each member state shall designate the authority which shall ensure the exchange and availability of all supplementary information in accordance with the provisions of the sirene manual , as referred to in article 8 . ### each member state shall designate a national authority which is operational 24 hours a day , 7 days a week and shall ensure the exchange and availability of all supplementary information in accordance with the provisions of the sirene manual , as referred to in article 8 . the sirene bureau shall serve as single contact point for member states to exchange supplementary information regarding alerts and to enable appropriate measures to be taken when persons or objects have been entered in sis ii and are found following a hit .