### for the partnership contract and each programme respectively , a member state should organise a partnership with the representatives of competent regional , local , urban and other public authorities , economic and social partners , and bodies representing civil society , including environmental partners , non - governmental organisations , and bodies responsible for promoting equality and non - discrimination . the purpose of such a partnership is to respect the principle of multi - level governance , ensure the ownership of planned interventions by stakeholders and build on the experience and know - how of relevant actors . the commission should be empowered to adopt delegated acts providing for a code of conduct in order to ensure that partners are involved in the preparation , implementation , monitoring and evaluation of partnership contracts and programmes in a consistent manner . ### for the partnership agreement and each programme respectively , a member state should organise a partnership by concluding a partnership agreement with the competent regional and local authorities . member states should also cooperate , in accordance with their institutional , legal and financial framework , with economic and social partners , other public authorities , economic and social partners , and bodies representing civil society , including environmental partners , non - governmental organisations , and bodies responsible for promoting equality and non - discrimination . the purpose of such a partnership is to respect the principle of multi - level governance , ensure the ownership of planned interventions by stakeholders and build on the experience and know - how of relevant actors . the commission should be empowered to adopt delegated acts providing for a code of conduct in order to ensure that partners are involved in the preparation , implementation , monitoring and evaluation of partnership agreements and programmes in a consistent manner .


### for the partnership contract and each programme respectively , a member state shall organise a partnership with the following partners : ### for the partnership contract and each programme respectively , the member states and local and regional authorities shall organise a partnership with the following partners :


### bodies representing civil society , including environmental partners , non - governmental organisations , and bodies responsible for promoting equality and non - discrimination . ### bodies representing civil society , including environmental partners , non - governmental organisations , which include non - profit organisations that promote social inclusion , and bodies responsible for promoting equality and non - discrimination .


### in order to promote the treaty objectives of economic , social and territorial cohesion , the ‘ investment for growth and jobs’ goal should support all regions . to provide balanced and gradual support and reflect the level of economic and social development , resources under that goal should be allocated from the erdf and the esf among the less developed regions , the transition regions and the more developed regions according to their gross domestic product per capita in relation to the eu average . in order to ensure the long - term sustainability of investment from the structural funds , regions whose gdp per capita for the 2007 - 2013 period was less than 75% of the average of the eu - 25 for the reference period but whose gdp per capita has grown to more than 75% of the eu - 27 average should receive at least two thirds of their 2007 - 2013 allocation . member states whose per capita gross national income is less than 90 % of that of the union average should benefit under the ‘ investment for growth and jobs’ goal from the cf . ### in order to promote the treaty objectives of economic , social and territorial cohesion , the ‘ investment for growth and jobs’ goal should support all regions . to provide balanced and gradual support and reflect the level of economic and social development , resources under that goal should be allocated from the erdf and the esf among the less developed regions , the transition regions and the more developed regions according to their gross domestic product per capita in relation to the eu average . in order to ensure the long - term sustainability of investment from the structural funds , regions whose gdp per capita for the 2007–2013 period was less than 75 % of the average of the eu - 25 for the reference period but whose gdp per capita has grown to more than 75 % of the eu - 27 average should receive at least two thirds of their 2007–2013 allocation . member states whose per capita gross national income is less than 90 % of that of the union average should benefit under the ‘ investment for growth and jobs’ goal from the cf . due to their social and economic situation and the additional costs incurred by their remoteness and insularity , the outermost regions should be regarded as less - developed regions and should receive benefits to offset these handicaps .


### the erdf and the esf may finance , in a complementary manner and subject to a limit of 5 % of union funding for each priority axis of an operational programme , a 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 they are necessary for the satisfactory implementation of the operation and are directly linked to it . ### the erdf and the esf may finance , in a complementary manner and subject to a limit of 10 % of union funding for each priority axis of an operational programme , a 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 they are necessary for the satisfactory implementation of the operation and are directly linked to it .


### the ex - ante evaluation shall incorporate , where appropriate , the requirements for strategic environmental assessment set out in implementation of directive 2001 / 42 / ec of the european parliament and of the council of 27 june 2001 on the assessment of the effects of certain plans and programmes on the environment34 . ### the ex - ante evaluation shall incorporate the requirements for strategic environmental assessment set out in implementation of directive 2001 / 42 / ec of the european parliament and of the council of 27 june 2001 on the assessment of the effects of certain plans and programmes on the environment34 and shall include assessments of the effects of programmes on climate change . .


### as regards financial instruments referred to in article 33 , the request for payment shall include and separately disclose the total amount of support paid to the financial instrument . ### as regards financial instruments referred to in article 33 and financial instruments referred to in article 33 implemented in accordance with article 33 and , phased applications for interim payments shall be made for programme contributions paid to the financial instrument during the period of eligibility in accordance with the following conditions : the amount of the programme contribution paid to the financial instrument included in each application for interim payment submitted during the eligibility period indicated in article 55 shall not exceed 25 per cent of the total amount of programme contributions committed to the financial instrument under the relevant funding agreement , corresponding to expenditure in the meaning of article 36 , and expected to be paid during the eligibility period indicated in article 55 . applications for interim payment submitted after the eligibility period indicated in article 55 shall include the total amount of eligible expenditure in the meaning of article 36 ; each application for interim payment referred to in paragraph may include up to 25 per cent of the total amount of the national co - financing as referred to in article 33 expected to be paid to the financial instrument , or at the level of final recipients for expenditure in the meaning of article 36 , and , within the eligibility period indicated in article 55 ; subsequent applications for interim payment submitted during the eligibility period indicated in article 55 shall only be made : for the second application for interim payment , when at least 60 per cent of the amount included in the first application for interim payments has been spent as eligible expenditure in the meaning of article 36 , and ; for the third and subsequent applications for interim payment , when at least 85 per cent of the amounts included in the previous applications for interim payments have been spent as eligible expenditure in the meaning of article 36 , and ; each application for interim payment , which includes expenditure related to financial instruments , shall separately disclose the total amount of programme contributions paid to the financial instrument and the amounts paid as eligible expenditure in the meaning of article 36 , and . at closure , the application for payment of the final balance shall include the total amount of eligible expenditure as referred to in article 36 .


### the commission should be empowered to adopt , by means of implementing acts , as regards all csf funds , decisions approving the partnership contracts , decisions on the allocation of the performance reserve , decisions suspending payments linked to member states ' economic policies , and , in the case of decommitment , decisions to amend decisions adopting programmes ; and as regards the funds , decisions identifying the regions and member states fulfilling the investment for growth and jobs criteria , decisions setting out the annual breakdown of commitment appropriations to the member states , decisions setting out the amount to be transferred from each member state ' s cf allocation to the connecting europe facility , decisions setting out the amount to be transferred from each member state ' s structural funds allocation for food for deprived people , decisions adopting and amending operational programmes , decisions on major projects , decisions on joint action plans , decisions suspending payments and decisions on financial corrections . ### with regard to all of the funds covered by the cpr , the commission should be empowered to adopt , by means of implementing acts , decisions approving the partnership contracts , and , in the case of decommitment , decisions to amend decisions adopting programmes ; and as regards the funds , decisions identifying the regions and member states fulfilling the investment for growth and jobs criteria , decisions setting out the annual breakdown of commitment appropriations to the member states , decisions setting out the amount to be transferred from each member state ' s cf allocation to the connecting europe facility , decisions setting out the amount to be transferred from each member state ' s structural funds allocation for food for deprived people , decisions adopting and amending operational programmes , decisions on major projects , decisions on joint action plans , decisions suspending payments and decisions on financial corrections .


### competent regional , local , urban and other public authorities ; ### other competent public authorities ;


### the annual implementation report submitted in 2017 shall set out and assess the information set out in paragraph 2 and progress towards achieving the objectives of the programme , including the contribution of the csf funds to changes in result indicators , when evidence is available from evaluations . it shall also assess the implementation of actions to take into account the principles set out in articles 6 , 7 and 8 and report on support used for climate change targets . ### the annual implementation report submitted in 2017 shall set out and assess the information set out in paragraph 2 and progress towards achieving the objectives of the programme , including the contribution of the csf funds to changes in result indicators , when evidence is available from evaluations . it shall also assess the implementation of actions to take into account the principles set out in articles 6 , 7 and 8 and report on support used for climate change targets and the actions taken to achieve the objectives of reducing poverty .


### the member states and the commission shall take appropriate steps to prevent any discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation during the preparation and implementation of programmes . ### the member states and the commission shall take appropriate steps to prevent any discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation during the programming and implementation , as well as monitoring and evaluation of the funds .


### in order to promote the treaty objectives of economic , social and territorial cohesion , the ' investment for growth and jobs ' goal should support all regions . to provide balanced and gradual support and reflect the level of economic and social development , resources under that goal should be allocated from the erdf and the esf among the less developed regions , the transition regions and the more developed regions according to their gross domestic product per capita in relation to the eu average . in order to ensure the long - term sustainability of investment from the structural funds , regions whose gdp per capita for the 2007 - 2013 period was less than 75% of the average of the eu - 25 for the reference period but whose gdp per capita has grown to more than 75% of the eu - 27 average should receive at least two thirds of their 2007 - 2013 allocation . member states whose per capita gross national income is less than 90 % of that of the union average should benefit under the ' investment for growth and jobs ' goal from the cf . ### in order to promote the treaty objectives of economic , social and territorial cohesion , the ' investment for growth and jobs ' goal should support all regions . to provide balanced and gradual support and reflect the level of economic and social development , resources under that goal should be allocated from the erdf and the esf among the less developed regions , the transition regions and the more developed regions according to their gross domestic product per capita in relation to the eu average . in order to ensure the long - term sustainability of investment from the structural funds , regions which received support for the 2007–2013 period under the ‘ convergence’ objective but whose gdp per capita has grown to more than 75 % of the eu - 27 average should receive at least two thirds of their 2007–2013 allocation . member states whose per capita gross national income is less than 90 % of that of the union average should benefit under the ' investment for growth and jobs ' goal from the cf .


### member states shall concentrate support , in accordance with the fund - specific rules , on actions bringing the greatest added value in relation to the union strategy for smart , sustainable and inclusive growth , addressing the challenges identified in the country - specific recommendations under article 121 of the treaty and the relevant council recommendations adopted under 148 of the treaty , and taking into account national and regional needs . ### member states shall concentrate support , in accordance with the fund - specific rules and in full agreement with the regional authorities , on actions bringing the greatest added value , in relation to the union strategy for smart , sustainable and inclusive growth , and which address the challenges identified in the country - specific recommendations under article 121 of the treaty and the relevant council recommendations adopted under 148 of the treaty , while taking into account national and regional needs .


### in order to promote the treaty objectives of economic , social and territorial cohesion , the ' investment for growth and jobs ' goal should support all regions . to provide balanced and gradual support and reflect the level of economic and social development , resources under that goal should be allocated from the erdf and the esf among the less developed regions , the transition regions and the more developed regions according to their gross domestic product per capita in relation to the eu average . in order to ensure the long - term sustainability of investment from the structural funds , regions whose gdp per capita for the 2007 - 2013 period was less than 75% of the average of the eu - 25 for the reference period but whose gdp per capita has grown to more than 75% of the eu - 27 average should receive at least two thirds of their 2007 - 2013 allocation . member states whose per capita gross national income is less than 90 % of that of the union average should benefit under the ' investment for growth and jobs ' goal from the cf . ### in order to promote the treaty objectives of economic , social and territorial cohesion , the ' investment for growth and jobs ' goal should support all regions . to provide balanced and gradual support and reflect the level of economic and social development , resources under that goal should be allocated from the erdf and the esf among the less developed regions , the transition regions and the more developed regions according to their gross domestic product per capita in relation to the eu average . in order to ensure the long - term sustainability of investment from the structural funds , regions which received support in the period 2007–2013 under the ‘ convergence’ objective , including regions which received support in this period as ‘ phasing out’ regions in accordance with council regulation no 1083 / 2006 of 11 july 2006 laying down general provisions on the european development fund , the european social fund and the cohesion fund and repealing regulation no 1260 / 19991 , whose gdp per capita for the 2007–2013 period was less than 75 % of the average of the eu - 25 for the reference period but whose gdp per capita has grown to more than 75 % of the eu - 27 average should receive at least two thirds of their 2007–2013 allocation . member states whose per capita gross national income is less than 90 % of that of the union average should benefit under the ' investment for growth and jobs ' goal from the cf . _________________ 1 oj l 210 , 31 . 7 . 2006 , p . 25 .


### the member states and the commission shall ensure that environmental protection requirements , resource efficiency , climate change mitigation and adaptation , disaster resilience and risk prevention and management are promoted in the preparation and implementation of partnership contracts and programmes . member states shall provide information on the support for climate change objectives using the methodology adopted by the commission . the commission shall adopt this methodology by means of an implementing act . the implementing act shall be adopted in accordance with the examination procedure referred to in article 143 . ### the member states and the commission shall , based on existing environmental legislation , ensure that environmental protection requirements , resource efficiency , biodiversity and ecosystem protection , climate change mitigation and adaptation and ecosystem - based disaster resilience and risk prevention and management are promoted in the preparation and implementation of partnership contracts and included as objectives in the programmes . member states shall provide information on the support for climate change and biodiversity objectives using the methodology adopted by the commission . the commission shall adopt this methodology by means of an implementing act . the implementing act shall be adopted in accordance with the examination procedure referred to in article 143 . sustainability shall also be ensured in terms of maintaining and creating employment .


### the member states and the commission shall ensure that environmental protection requirements , resource efficiency , climate change mitigation and adaptation , disaster resilience and risk prevention and management are promoted in the preparation and implementation of partnership contracts and programmes . member states shall provide information on the support for climate change objectives using the methodology adopted by the commission . the commission shall adopt this methodology by means of an implementing act . the implementing act shall be adopted in accordance with the examination procedure referred to in article 143 . ### the member states and the commission shall , based on existing environmental legislation , ensure that environmental protection requirements , resource efficiency , biodiversity and ecosystem protection , climate change mitigation and adaptation and ecosystem - based disaster resilience and risk prevention and management are promoted in the preparation and implementation of partnership contracts and programmes . member states shall provide information on the support for climate change and biodiversity objectives using the methodology adopted by the commission . the commission shall adopt this methodology by means of an implementing act . the implementing act shall be adopted in accordance with the examination procedure referred to in article 143 .


### article 174 of the treaty provides that , in order to strengthen its economic , social and territorial cohesion , the union shall aim at reducing disparities between the levels of development of the various regions and the backwardness of the least favoured regions or islands , particular rural areas , areas affected by industrial transition , and regions which suffer from severe and permanent natural or demographic handicaps . article 175 of the treaty requires that the union would support the achievement of these objectives by action it takes through the european agricultural guidance and guarantee fund , guidance section , the european social fund , the european regional development fund , the european investment bank and other instruments . ### article 174 of the treaty provides that , in order to strengthen its economic , social and territorial cohesion , the union shall aim at reducing disparities between the levels of development of the various regions and the backwardness of the least favoured regions . among the regions concerned particular attention shall be paid to rural areas , areas affected by industrial transition , and regions which suffer from severe and permanent natural or demographic handicaps such as the northernmost regions with very low population density and island , cross - border and mountain regions . article 175 of the treaty requires that the union would support the achievement of these objectives by action it takes through the european agricultural guidance and guarantee fund , guidance section , the european social fund , the european regional development fund , the european investment bank and other instruments .


### to ensure convergent implementation of article 14 , member states shall encourage the use of standards and / or specifications relevant to networks and information security . ### to ensure convergent implementation of article 14 , member states shall encourage the use of international or european standards and / or specifications relevant to networks and information security . market operators shall remain free to use additional measures to achieve a higher level of security .


### the general principles on the protection of individuals with regard to the processing of personal data should also be applicable to the employment context . therefore , in order to regulate the processing of employees ' personal data in the employment context , member states should be able , within the limits of this regulation , to adopt by law specific rules for the processing of personal data in the employment sector . ### the general principles on the protection of individuals with regard to the processing of personal data should also be applicable to the employment context . member states should be able to regulate the processing of employees ' personal data in the employment context , while ensuring compliance with the standards set out in this regulation . where a statutory basis is provided in the member state in question for the regulation of employment matters by agreement between employee representatives and the management of the undertaking or the controlling undertaking of a group of undertakings or under directive 2009 / 38 / ec of the european parliament and of the council of 6 may 2009 on the establishment of a european works council or a procedure in community - scale undertakings and community - scale groups of undertakings for the purposes of informing and consulting employees1 , the processing of personal data in an employment context may also be regulated by such an agreement . __________________ 1 oj l 122 , 16 . 5 . 2009 , p . 28 .


### within the limits of this regulation , member states may adopt by law specific rules regulating the processing of employees ' personal data in the employment context , in particular for the purposes of the recruitment , the performance of the contract of employment , including discharge of obligations laid down by law or by collective agreements , management , planning and organisation of work , health and safety at work , and for the purposes of the exercise and enjoyment , on an individual or collective basis , of rights and benefits related to employment , and for the purpose of the termination of the employment relationship . ### member states may , in accordance with the rules set out in this regulation , adopt by legal provisions specific rules regulating the processing of employees ' personal data in the employment context , in particular for the purposes of recruitment and job applications within the group of undertakings , the performance of the contract of employment , including discharge of obligations laid down by law and by collective agreements , collective agreements , management , planning and organisation of work , health and safety at work , and for the purposes of the exercise and enjoyment , on an individual or collective basis , of rights and benefits related to employment , and for the purpose of the termination of the employment relationship . the level of protection afforded by this regulation may not be significantly undercut , especially where arrangements are made by agreement between employee representatives and the management of the undertaking or of the controlling undertaking of a group of undertakings . the right of member states to provide employees with more favourable protection provisions in respect of the processing of personal data in the employment context shall remain unaffected .


### within the limits of this regulation , member states may adopt by law specific rules regulating the processing of employees ' personal data in the employment context , in particular for the purposes of the recruitment , the performance of the contract of employment , including discharge of obligations laid down by law or by collective agreements , management , planning and organisation of work , health and safety at work , and for the purposes of the exercise and enjoyment , on an individual or collective basis , of rights and benefits related to employment , and for the purpose of the termination of the employment relationship . ### member states may adopt by legal provisions specific rules regulating the processing of employees ' personal data in the employment context for the purposes of the recruitment , the performance of the contract of employment , including discharge of obligations laid down by law or by collective agreements , collective agreements , management , planning and organisation of work , health and safety at work , and for the purposes of the exercise and enjoyment , on an individual or collective basis , of rights and benefits related to employment , and for the purpose of the termination of the employment relationship . the level of protection afforded by this regulation may on no account be undercut , especially in the case of collective agreements . the right of member states to provide employees with more favourable protection provisions in respect of the processing of personal data in the employment context shall remain unaffected .


### the commission shall be empowered to adopt delegated acts in accordance with article 86 for the purpose of further specifying the criteria and requirements for the safeguards for the processing of personal data for the purposes referred to in paragraph 1 . ### the commission shall be empowered to adopt delegated acts in accordance with article 86 solely for the purpose of further specifying the criteria and requirements for ensuring the latest technical and security standards for the processing of personal data for the purposes referred to in paragraphs 1 and 4 . account shall be taken of the costs of implementation , the risks represented by the processing and the corresponding need to protect the data .


### the commission shall be empowered to adopt delegated acts in accordance with article 86 for the purpose of further specifying the criteria and requirements for the safeguards for the processing of personal data for the purposes referred to in paragraph 1 . ### the commission shall be empowered to adopt delegated acts in accordance with article 86 solely for the purpose of further specifying the criteria and requirements for ensuring the latest technical and security standards for the processing of personal data for the purposes referred to in paragraphs 1 and 1c .


### the general principles on the protection of individuals with regard to the processing of personal data should also be applicable to the employment context . therefore , in order to regulate the processing of employees ' personal data in the employment context , member states should be able , within the limits of this regulation , to adopt by law specific rules for the processing of personal data in the employment sector . ### the general principles on the protection of individuals with regard to the processing of personal data should also be applicable to the employment context . member states should be able to regulate the processing of employees ' personal data in the employment context , while ensuring compliance with the standards set out in this regulation . where a statutory basis exists in the member state in question for the regulation of employment matters by agreement between employee representatives and the management of the undertaking or the controlling undertaking of a group of undertakings or under directive 2009 / 38 / ec of the european parliament and of the council of 6 may 2009 on the establishment of a european works council or a procedure in community - scale undertakings and community - scale groups of undertakings for the purposes of informing and consulting employees , it should also be possible to regulate the processing of personal data in an employment context by such an agreement . ________________ 1 oj l 122 , 16 . 5 . 2009 , p . 28 .


### where the processing is carried out in the public sector or where , in the private sector , processing is carried out by a large enterprise , or where its core activities , regardless of the size of the enterprise , involve processing operations which require regular and systematic monitoring , a person should assist the controller or processor to monitor internal compliance with this regulation . such data protection officers , whether or not an employee of the controller , should be in a position to perform their duties and tasks independently . ### where the processing is carried out in the public sector or where , in the private sector , processing is carried out by a large enterprise , or where its core activities , regardless of the size of the enterprise , involve processing operations which require regular and systematic monitoring , a person should assist the controller or processor to monitor internal compliance with this regulation . such data protection officers , whether or not an employee of the controller , should be in a position to perform their duties and tasks independently . processing should be carried out by a legal person and relate to more than 250 data subjects per year .


### member states may introduce or maintain provisions which are more favourable than those laid down in this directive to ensure a more balanced representation of men and women in respect of companies incorporated in their national territory , provided those provisions do not create unjustified discrimination , nor hinder the proper functioning of the internal market . ### member states are encouraged to introduce or maintain provisions which are more favourable than those laid down in this directive to ensure a more balanced representation of men and women in respect of companies incorporated in their national territory , in particular the attainment of the provisions of this directive in the case of executive directors , provided those provisions do not create unjustified discrimination , nor hinder the proper functioning of the internal market .


### existing evidence also shows that labour market equality can improve economic growth substantially . enhancing female presence in the boardrooms of listed companies in the union not only affects the women appointed to boards , but also contributes to attracting female talent to the company and ensuring a greater presence of women at all levels of management and in the workforce . therefore , a higher share of women on company boards has a positive impact on closing both the gender employment gap and the gender pay gap . making full use of the existing female talent pool would constitute a marked improvement in terms of return on education for both individuals and the public sector . female under - representation in the board rooms of publicly listed companies in the eu is a missed opportunity in terms of achieving long - term sustainable growth for member states ' economies at large . ### existing evidence also shows that labour market equality can improve economic growth substantially . enhancing female presence in the boardrooms of listed companies in the union not only affects the women appointed to boards , but also contributes to attracting female talent to the company and ensuring a greater presence of women at all levels of management and in the workforce . therefore , a higher share of women on company boards should have a positive impact on closing both the gender employment gap and the gender pay gap . making full use of the existing female talent pool would constitute a marked improvement in terms of return on education for both individuals and the public sector . female under - representation in the board rooms of publicly listed companies in the eu is a missed opportunity in terms of achieving long - term sustainable growth for member states ' economies at large .


### this directive should not apply to micro , small and medium - sized enterprises , as defined by commission recommendation 2003 / 361 / ec of 6 may 2003 concerning the definition of micro , small and medium - sized enterprises , even if they are listed companies . ### this directive should not apply to micro , small and medium - sized enterprises , as defined by commission recommendation 2003 / 361 / ec of 6 may 2003 concerning the definition of micro , small and medium - sized enterprises , even if they are listed companies , however member states should put in place policies to support and incentivise smes to significantly improve the gender balance at all levels of management and on company boards .


### member states shall take the necessary measures , in accordance with their national judicial systems , to ensure that where an unsuccessful candidate of the under - represented sex establishes facts from which it may be presumed that that candidate was equally qualified as the appointed candidate of the other sex , it shall be for the listed company to prove that there has been no breach of the rule laid down in paragraph 3 . ### member states shall take the necessary measures , in accordance with their national judicial systems , to require that listed companies are able to demonstrate that their appointment process has been carried out in compliance with the rule laid down in paragraph 3 , particularly in cases where an unsuccessful candidate of the under - represented sex establishes facts from which it may be presumed that that candidate was equally qualified as the appointed candidate of the other sex .


### horizon 2020 - the framework programme for research and innovation in the european union , focuses on three priorities , namely generating excellent science in order to strengthen the union ' s world - class excellence in science , fostering industrial leadership to support business , including small and medium - sized enterprises and innovation and tackling societal challenges , in order to respond directly to the challenges identified in the europe 2020 strategy by supporting activities covering the entire spectrum from research to market . horizon 2020 should support all stages in the innovation chain , especially activities closer to the market including innovative financial instruments , as well as non - technological and social innovation , and aims to satisfy the research needs of a broad spectrum of union policies by placing emphasis on the widest possible use and dissemination of knowledge generated by the supported activities up to its commercial exploitation . the priorities of horizon 2020 should also be supported through a programme under the euratom treaty on nuclear research and training . ### horizon 2020 - the framework programme for research and innovation in the european union , focuses on three priorities , namely generating excellent science in order to strengthen the union ' s world - class excellence in science , fostering industrial leadership to support business , including small and medium - sized enterprises and innovation and tackling societal challenges , in order to respond directly to the challenges identified in the europe 2020 strategy by supporting activities covering the entire spectrum from research to market . horizon 2020 should , without distorting competition , support all stages in the innovation chain , especially activities closer to the market including innovative financial instruments , as well as non - technological and social innovation , and aims to satisfy the research needs of a broad spectrum of union policies by placing emphasis on the widest possible use and dissemination of knowledge generated by the supported activities up to its commercial exploitation . the priorities of horizon 2020 should also be supported through a programme under the euratom treaty on nuclear research and training .


### to achieve maximum impact , horizon 2020 should develop close synergies with other union programmes in areas such as education , space , environment , competitiveness and smes , the internal security , culture and media and with the cohesion policy funds and rural development policy , which can specifically help to strengthen national and regional research and innovation capabilities in the context of smart specialisation strategies . ### to achieve maximum impact , horizon 2020 should develop close synergies with other union programmes in areas such as education , space , environment , competitiveness and smes , the internal security , culture and media and with the cohesion policy funds and rural development policy , which can specifically help to strengthen national and regional research and innovation capabilities in the context of smart specialisation strategies . these synergies should not compromise the principle of excellence that horizon 2020 should pursue .


### the european institute of innovation and technology shall be financed through a maximum contribution from horizon 2020 of eur 3194 million as set out in annex ii . a first allocation of eur 1542 million shall be provided to the european institute of innovation and technology for activities under title xvii of the treaty on the functioning of the european union . a second allocation of up to eur 1652 million shall be provided , subject to the review set out in article 26 . this additional amount shall be provided on a pro - rata basis , as indicated in annex ii , from the amount for the specific objective ‘ leadership in enabling and industrial technologies’ within the priority on industrial leadership set out in paragraph 2 and from the amount for the priority on societal challenges set out in 2 . ### the european institute of innovation and technology shall be financed through a maximum contribution from horizon 2020 of 3 % of the total budget as set out in annex ii .


### industrial leadership , eur 20280 million ; ### industrial leadership , eur 19780 million ;


### to foster the development and implementation of integrated governance of maritime and coastal affairs and integrated sea basin strategies ; ### to put integrated governance of maritime and coastal affairs into practice ;


### to contribute to the development of tools that cut across sea or coast - related sectoral policies ; ### to contribute to the development of cross - sectoral tools to support sea or coast - related policies , particularly in the field of economic development , employment , environmental protection , research , maritime safety and energy ;


### promote the establishing cross - sectoral cooperation platforms and networks , including interests from industry , research stakeholders , regions , public authorities and ngos ; ### promote the establishment of cross - sectoral cooperation platforms and networks including representatives of the public authorities and of the regions , industry , research stakeholders and ngos ;


### encourage member states or regions to develop or introduce integrated maritime governance ; ### encourage member states and regions to develop or introduce integrated maritime governance ;


### to support joined up policy - making and to promote the sustainable use of the marine and coastal resources and sustainable economic growth , innovation and employment in maritime sectors and coastal regions , in coherence with sectoral policy priorities and actions ; ### to promote sustainable development , innovation and employment in maritime sectors and coastal regions , in coherence with sectoral policy priorities and actions ;


### to further define the boundaries of sustainability of human activities that have an impact on the marine environment , in the framework of the marine strategy framework directive ; ### to promote the protection and sustainable use of marine and coastal resources and further define the boundaries of sustainability of human activities that have an impact on the marine environment ;


### the wheel mark may be supplemented or replaced by an appropriate and reliable form of electronic tag . in such case , articles 9 and 10 shall apply , as appropriate , mutatis mutandi . ### manufacturers shall , as soon as possible , use an appropriate and reliable form of electronic tag instead of or in addition to the wheel mark . in such case , articles 9 and 10 shall apply , as appropriate , mutatis mutandis .


### amend the list of international conventions set out in article 2 , in order to include those conventions which require the flag state ' s approval of equipment to be placed on board ships flying its flag ; ### amend the list of international conventions set out in article 2 , in order to include those conventions which require the flag state ' s approval of equipment to be placed on board ships flying its flag , and which have entered into force ;


### where the market surveillance authorities of a member state intend to carry out sample checks , they may request the manufacturer to make the necessary samples available at its own cost in the territory of that member state . ### where the market surveillance authorities of a member state intend to carry out sample checks , they may request the manufacturer to make the necessary samples available at its own cost in the territory of that member state , where it is reasonable and feasible to do so , or to afford to access to such samples in situ .


### manufacturers shall indicate their name , registered trade name or registered trade mark and the address at which they can be contacted on the product or , where that is not possible , on its packaging or in a document accompanying the product . the address must indicate a single point at which the manufacturer can be contacted . ### manufacturers shall indicate their name , registered trade name or registered trade mark and the address at which they can be contacted on the product or , where that is not possible , on its packaging and in a document accompanying the product . the address must indicate a single point at which the manufacturer can be contacted .


### where the national measure is considered justified and the non - compliance of the marine equipment is attributed to shortcomings in the testing standards referred to in article 4 , the commission may confirm , modify or revoke the said measure by means of implementing acts in accordance with the advisory procedure referred to in article 38 . the commission shall furthermore be empowered to adopt , by means of delegated acts in accordance with the procedure referred to in article 37 , interim harmonised requirements and testing standards for that specific item of marine equipment in order to remove the threat to safety or to the environment pending the modification of the testing standard concerned by the relevant international organisation . ### where the non - compliance of the marine equipment is attributed to shortcomings in the testing standards referred to in article 4 , and the member state takes a safeguard measure , the commission may confirm , modify or revoke the said measure by means of implementing acts in accordance with the advisory procedure referred to in article 38 . the commission shall furthermore be empowered to adopt , by means of delegated acts in accordance with the procedure referred to in article 37 , interim harmonised requirements and testing standards for that specific item of marine equipment in order to remove the threat to safety or to the environment pending the modification of the testing standard concerned by the relevant international organisation .


### the delegation of power referred to in articles 8 , 11 , 29 and 36 shall be conferred on the commission for an indeterminate period of time from the date of entry into force of this directive . ### the delegation of power referred to in articles 8 , 11 , 29 and 36 shall be conferred on the commission for a period of five years from the date of entry into force of this directive . the commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### it is necessary to ensure that the objectives of this directive are not impaired by shortcomings in the applicable testing standards or in case the imo failed to produce appropriate standards for marine equipment falling under the scope of this directive . it is also necessary to adopt appropriate technical criteria so that electronic tags can be affixed and used in a safe and reliable way . moreover , it is necessary to keep up - to - date a number of non - essential elements of this directive , namely the list of international conventions laying down safety requirements for marine equipment contained in article 2 and the references to specific standards contained in annex iii . the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should therefore be delegated to the commission in respect of the adoption , on an interim basis , of harmonised technical specifications and testing standards and in order to amend the said lists and references . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . ### it is necessary to ensure that the objectives of this directive are not impaired by shortcomings in the applicable testing standards or in case the imo failed to produce appropriate standards for marine equipment falling under the scope of this directive . it is also necessary to adopt appropriate technical criteria to make it possible to affix and use electronic tags in a safe and reliable way . moreover , it is necessary to keep up - to - date a number of non - essential elements of this directive , namely the list of international conventions laying down safety requirements for marine equipment contained in article 2 and the references to specific standards contained in annex iii . the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should therefore be delegated to the commission in respect of the adoption , on an interim basis , of harmonised technical specifications and testing standards and in order to amend the said lists and references . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council .


### with regards to calls managed by edctp - is , the annual report shall moreover include information on the number of projects submitted and selected for funding , the detailed use of the union financial contribution , the distribution of national and other contributions , the types of participants , country statistics , brokerage events and dissemination activities . ### with regards to calls managed by edctp - is , the annual report shall moreover include information on the number of projects submitted and selected for funding , the detailed use of the union financial contribution , the distribution of national and other contributions , the types of participants , country statistics , brokerage events , dissemination activities , and measures taken to ensure access to emerging products .


### target : increase the number of fellowships to sub - saharan african researchers and msc / phd students to at least 600 compared to 400 under edctp1 , with at least 90 % of them continuing their research career in sub - sahara africa for at least one year after their fellowship . ### target : increase the number of fellowships to sub - saharan african researchers and msc / phd students from 400 under edctp1 , strongly encouraging and supporting them to continue their research career in sub - sahara africa following their fellowship .


### an increased number of new or improved medical interventions for hiv / aids , tuberculosis , malaria and other poverty - related diseases , and by the end of the programme to have delivered at least one new medical intervention ; to have issued at least 30 guidelines for improved or extended use of existing medical interventions ; and to have progressed the clinical development of at least 20 candidate medical interventions ; ### an increased number of new or improved medical interventions for poverty - related diseases such as hiv / aids , tuberculosis and malaria , and other poverty - related and neglected diseases , and by the end of the programme to have delivered at least one new medical intervention ; to have issued at least 30 guidelines for improved or extended use of existing medical interventions ; and to have progressed the clinical development of at least 20 candidate medical interventions ;


### an annual report shall be provided by edctp2 - is , which shall give a detailed overview of the implementation of the edctp2 programme . that overview shall provide information on each activity selected in accordance with the work plan , including indirect actions selected through calls for proposals managed by edctp - is . such information shall include a description of each activity , including indirect action , its budget , the value of the funding allocated to it if any , and its status . ### an annual report shall be provided by edctp2 - is , which shall give a detailed overview of the implementation of the edctp2 programme . that overview shall provide information on each activity selected in accordance with the work plan , including indirect actions selected through calls for proposals managed by edctp - is . such information shall include a description of each activity , including indirect action , its budget , the value of the funding allocated to it if any , its status , and measures taken to ensure access to emerging products for populations in developing countries .


### a ceiling should be established for the union ' s participation in edctp2 for the duration of horizon 2020 framework programme . within that ceiling , the union contribution should be equal to the initial contributions committed by the participating states in order to achieve a high leverage effect and ensure a stronger integration of participating states ' programmes . that ceiling should also provide for matching the contributions from any other member state or country associated to horizon 2020 framework programme joining the edctp2 programme during the horizon 2020 framework programme . ### a ceiling should be established for the union ' s participation in edctp2 for the duration of horizon 2020 framework programme . in that period , and within that ceiling , the union contribution should be equal to the contributions of the states referred to in article 1 of this decision in order to achieve a high leverage effect and ensure a stronger integration of those states ' programmes .


### supporting clinical trial research and related activities on poverty - related diseases , in particular hiv / aids , malaria , tuberculosis and neglected infectious diseases ; ### supporting clinical trial research and related activities on poverty - related diseases , in particular hiv / aids , malaria and tuberculosis , and other poverty - related and neglected infectious diseases ;


### in 2009 , independent experts adopted the report of the interim evaluation of edctp18 . the opinion of the expert panel was that edctp1 provided a unique platform for a genuine dialogue with african scientists and it has started to bridge the gap between north and south in building research capacities and in providing learning and working opportunities for young african researchers . following this report , there are fundamental issues to be taken into consideration for a second european and developing countries clinical trials partnership programme : the current scope of edctp1 needs to be changed and extended ; the integration of european national programmes should be further improved ; collaboration with other major public and private funders , including the pharmaceutical industry , needs to be strengthened and extended ; synergies with european external policy actions should be developed , in particular with union development assistance ; co - funding rules should be clarified and simplified ; monitoring tools need to be strengthened . __________________ 8 van velzen et al . , independent external evaluation report , december 2009 . ### in 2009 , independent experts adopted the report of the interim evaluation of edctp18 . the opinion of the expert panel was that edctp1 provided a unique platform for a genuine dialogue with african scientists and it has started to bridge the gap between north and south in building research capacities and in providing learning and working opportunities for young african researchers . following this report , there are fundamental issues to be taken into consideration for a second european and developing countries clinical trials partnership programme : the current scope of edctp1 needs to be changed and extended ; the capabilities in developing countries for sound conduct and management of clinical trials should , where necessary , be further developed and strengthened , in particular the role and development of ethical review committees and the corresponding regulatory environment , the coordination , collaboration and where appropriate integration of european national programmes should be further improved ; collaboration with other major public and private funders , including the pharmaceutical industry , needs to be strengthened and extended ; synergies with european external policy actions should be developed , in particular with union development assistance ; co - funding rules should be clarified and simplified ; monitoring tools need to be strengthened . __________________ 8 van velzen et al . , independent external evaluation report , december 2009 .


### target : increase the number of supported clinical trials to at least 150 compared to 88 under edctp1 . ### target : increase the number of supported clinical trials , compared to 88 under edctp1 , with a focus on clinical trials to develop new medical tools .


### edctp2 shall contribute to the reduction of the social and economic burden of poverty - related diseases in developing countries , in particular in sub - saharan africa , by accelerating the clinical development of effective , safe and affordable medical interventions for poverty - related diseases , in partnership with sub - saharan africa . ### edctp2 shall contribute to the reduction of the social and economic burden of poverty - related diseases in developing countries , in particular in sub - saharan africa , by accelerating the clinical development of effective , safe , accessible and affordable medical interventions for poverty - related and neglected diseases , in partnership with sub - saharan africa .


### promoting networking , coordination , alignment , cooperation and integration of national research programmes and activities on poverty - related infectious diseases at scientific , management and financial level ; ### promoting networking , coordination , alignment , open collaboration , cooperation and integration of national research programmes and activities on poverty - related and neglected diseases at scientific , management and financial level ;


### target : sustain or increase the number of sub - saharan african countries supported by the edctp2 to at least 30 . ### indicator : aim to sustain or increase the participation of sub - saharan african countries in the edctp2 .


### target : increase the number of capacity - building activities supported for conducting clinical trials in sub - saharan africa to at least 150 compared to 74 under edctp1 . ### target : increase the number of capacity - building activities supported for conducting clinical trials in sub - saharan africa from 74 under edctp1 .


### extended international cooperation with other public and private funders ; ### extended international cooperation with other public and / or private funders to ensure that the impact of all research is maximised and that synergies can be taken into consideration .


### support clinical trials on new or improved medical interventions for poverty - related diseases through partnerships between european and developing countries , in particular sub - saharan africa : ### support clinical trials on new or improved medical interventions for poverty - related and neglected diseases through partnerships between european and developing countries , in particular sub - saharan africa :


### proposal for a regulation of the european parliament and of the council on establishing a health for growth programme , the third multi - annual programme of eu action in the field of health for the period 2014 - 2020 ### proposal for a regulation of the european parliament and of the council on establishing a health for citizens and growth programme , the third multi - annual programme of eu action in the field of health for the period 2014 - 2020


### innovation in health in terms of products and services , and the organisation and provision of care , has the potential to enhance the quality of care to patients and respond to unmet needs , while also improving the cost - efficiency and sustainability of care . therefore , the programme should facilitate the uptake of innovation in healthcare . ### innovation in health should be understood as a public health strategy which is not limited to technological advances in terms of products and services . fostering innovation in the field of public health interventions , prevention strategies , health system management and organisation and provision of care , has the potential to improve public health outcomes , enhance the quality of care to patients and respond to unmet needs while also improving the cost - efficiency and sustainability of care . therefore , the programme should facilitate the uptake of innovation in public health and healthcare .


### continued effort is required in order to meet the requirements set out in article 168 of the treaty . promoting good health at eu level is an integral part of the ‘ europe 2020 : a european strategy for smart , sustainable and inclusive growth’ . keeping people healthy and active for longer will have positive overall health effects , and a positive impact on productivity and competitiveness , while reducing pressures on national budgets . innovation in health helps take up the challenge of sustainability in the sector in the context of demographic change , and action to reduce inequalities in health is important to achieve ‘ inclusive growth’ . it is appropriate in this context to establish a ‘ health for growth’ programme , the third programme of eu action on health . ### continued effort is required in order to meet the requirements set out in article 168 of the treaty . promoting good health at eu level is an integral part of the ‘ europe 2020 : a european strategy for smart , sustainable and inclusive growth’ . keeping people healthy and active for longer and empowering them to take an active role in managing their health , inter alia by improving people ' s health literacy , will have positive overall effects on health , including reduction of health inequalities , and a positive impact on productivity and competitiveness , while reducing pressures on national budgets . innovation in all factors and measures having an impact on health helps take up the challenge of sustainability in the sector in the context of demographic change , and action to reduce inequalities in health is important to achieve ‘ inclusive growth’ . it is appropriate in this context to establish a ‘ health for growth’ programme , the third programme of eu action on health .


### to develop common tools and mechanisms at eu level to address shortages of resources , both human and financial , and to facilitate up - take of innovation in healthcare in order to contribute to innovative and sustainable health systems . ### to develop common tools and mechanisms at eu level to address shortages of resources , both human and financial , and to facilitate up - take of innovation in public health interventions , prevention strategies and healthcare management , in order to contribute to innovative and sustainable health systems .


### in the context of an ageing society , well - directed investments to promote health and prevent diseases can increase the number of ‘ healthy life years’ and thus enable the elderly to continue working as they grow older . chronic diseases are responsible for over 80% of premature mortality in the eu . by identifying , disseminating and promoting the up - take of validated best practices for cost - effective prevention measures focused on the key risk factors , namely smoking , abuse of alcohol and obesity , as well as on hiv / aids , the programme will contribute to prevent diseases and promote good health , also bearing in mind underlying factors of a social and environmental nature . ### in the context of an ageing society , well - directed investments to promote health and prevent diseases can increase the number of ' healthy life years ' and thus enable the elderly to continue working as they grow older . chronic diseases are responsible for over 80% of premature mortality in the eu . by identifying , disseminating and promoting the up - take of validated best practices for cost - effective prevention measures focused on the key risk factors , namely smoking , abuse of alcohol and obesity , as well as on hiv / aids , the programme will contribute to prevent diseases and promote good health , operating within a gender - sensitive framework , also bearing in mind underlying factors of a social and environmental nature .


### 2 . chronic diseases : support european cooperation and networking on preventing and improving the response to chronic diseases including cancer , by sharing knowledge , good practice and developing joint activities on prevention . cancer : follow - up work already undertaken ; set up a european cancer information system with comparable data ; support cancer screening , including voluntary accreditation mechanisms ; support the development of european guidelines for prevention where major inequalities exist . ### 2 . chronic diseases : support european cooperation and networking on preventing and improving the response to chronic diseases including cancer , by sharing knowledge , good practice and developing joint activities on prevention and enhancing health literacy . cancer : follow - up work already undertaken ; set up a european cancer information system with comparable data ; support cancer screening , including voluntary accreditation mechanisms ; support the development of european guidelines for prevention where major inequalities exist .


### agreements between member states relating to investment should not be covered by this regulation . ### agreements between member states relating to investment are not covered by this regulation .


### constitute an obstacle to the development and the implementation of the union ' s policies relating to investment , including in particular the common commercial policy . ### constitute an obstacle to the development and implementation of the union ' s policies relating to investment , especially with regard to policy coherence with the union ' s foreign policy in general and support for sustainable development in particular .


### the notification referred to in paragraph 1 shall be transmitted at least five calendar months before formal negotiations are to commence with the third country concerned . ### the notification referred to in paragraph 1 shall be transmitted at least five calendar months before formal negotiations to amend an existing agreement are to commence with the third country concerned . where a member state intends to conclude a new agreement , the notification shall be transmitted at least six calendar months before the formal negotiations are to commence with the third country concerned .


### jordan has embarked on a series of political reforms , most notably leading to the adoption by the jordanian parliament in september 2011 of over 40 constitutional amendments , representing a significant step towards a fully - fledged democratic system . political and economic support from the union to jordan ' s reform process is consistent with the union ' s policy towards the southern mediterranean region , as set out in the context of the enp . ### under the guidance of h . m . king abdullah ii , jordan has embarked on a very wide - ranging process of political reforms , most notably leading to the adoption by the jordanian parliament in september 2011 of over 40 constitutional amendments , representing a significant step towards a fully - fledged democratic system . it is important to support the process of reforms . therefore , political and economic support from the union to jordan ' s reform process is not only consistent with the union ' s policy towards the southern mediterranean region , as set out in the context of the enp , but is also in the union ' s interest .


### article 12 is deleted ; ### article 12 is replaced by the following : ‘ before amending or supplementing annex iii the commission shall consult with relevant stakeholders , in particular producers , collectors , recyclers , treatment operators , environmental organisations , consumer organisations and employee associations [ . . . ] . ’ ;


### the existing exemption for that use should continue to apply until 31 december 2015 in order to enable industry to further adapt the relevant technologies . ### the existing exemption for that use should continue to apply until 31 december 2016 in order to enable producers , the recycling industry and consumers along the whole value chain to further adapt the relevant substitute technologies across all the regions of the union in a uniform manner .


### personal data processed in imi shall be blocked at the latest eighteen months after the formal closure of an administrative cooperation procedure , unless blocking before that period is expressly requested by a competent authority , on a case - by - case basis . ### personal data processed in imi shall be blocked at the latest eighteen months after the formal closure of an administrative cooperation procedure , unless blocking before that period is expressly requested in the applicable internal market act or by a competent authority , on a case - by - case basis .


### during a border surveillance operation at sea , a situation may occur where it will be necessary to render assistance to persons found in distress . in accordance with international law , every state must require the master of a ship flying its flag , in so far as he can do so without serious danger to the ship , the crew or the passengers , to render assistance to any person found at sea in danger of being lost and to proceed with all possible speed to the rescue of persons in distress . such assistance should be provided regardless of the nationality or status of the persons to be assisted or of the circumstances in which they are found . ### during a border surveillance operation at sea , a situation may occur where it will be necessary to render assistance to persons found in distress . in accordance with international law , every state must require the master of a ship flying its flag , in so far as he can do so without serious danger to the ship , the crew or the passengers , to render assistance to any person found at sea in danger of being lost and to proceed with all possible speed to the rescue of persons in distress . such assistance should be provided regardless of the nationality or status of the persons to be assisted or of the circumstances in which they are found ; accordingly , no measures , including criminal procedures and sanctions , should be taken discouraging ship masters from rendering assistance to any person in distress at sea .


### in case of disembarkation in a third country , the participating units shall identify the intercepted or rescued persons and assess their personal circumstances to the extent possible before disembarkation . they shall inform the intercepted or rescued persons of the place of disembarkation in an appropriate way and they shall give them an opportunity to express any reasons for believing that disembarkation in the proposed place would be in violation of the principle of non - refoulement . ### if disembarkation in a third country is considered , the participating units shall identify the intercepted or rescued persons and assess their personal circumstances , including their medical conditions and other circumstances that might make them vulnerable , before a decision is made . they shall inform the intercepted or rescued persons of the place of disembarkation in a language which those persons understand or may reasonably be presumed to understand and they shall give them an opportunity to express any reasons for believing that disembarkation in the proposed place would be in violation of the principle of non - refoulement . intercepted and rescued persons shall be granted effective access to a procedure which guarantees the full range of procedural safeguards as required under international human rights and union law , including legal assistance , interpretation and an effective remedy .


### before deciding on disembarkation in a third country , the participating units shall take into account the general situation in that third country and intercepted or rescued persons shall not be disembarked in that third country when the host member state or the participating member states are aware or ought to be aware that this third country is engaged in practices as described in paragraph 1 . ### before deciding on disembarkation in a third country , the agency , the host and other participating member states shall take into account the general situation in that third country and intercepted or rescued persons shall not be disembarked in that third country when they are aware that this third country is engaged in practices as described in paragraph 1 . in this regard , a list of third countries shall be adopted in accordance with the examination procedure referred to in article 5 of regulation 182 / 2011 .


### in case of disembarkation in a third country , the participating units shall identify the intercepted or rescued persons and assess their personal circumstances to the extent possible before disembarkation . they shall inform the intercepted or rescued persons of the place of disembarkation in an appropriate way and they shall give them an opportunity to express any reasons for believing that disembarkation in the proposed place would be in violation of the principle of non - refoulement . ### if disembarkation in a third country is considered , the participating units shall identify the intercepted or rescued persons and assess their personal circumstances , including their medical conditions and other circumstances that might make them vulnerable , before a decision is made . they shall inform the intercepted or rescued persons of the place of disembarkation in a language which those persons understand or may reasonably be presumed to understand and they shall give them an opportunity to express any reasons for believing that disembarkation in the proposed place would be in violation of the principle of non - refoulement .


### before deciding on disembarkation in a third country , the participating units shall take into account the general situation in that third country and intercepted or rescued persons shall not be disembarked in that third country when the host member state or the participating member states are aware or ought to be aware that this third country is engaged in practices as described in paragraph 1 . ### before and while a sea operation is taking place , the host member state and the participating member states shall examine the general situation in the neighbouring third countries . intercepted or rescued persons shall not be disembarked in a third country when the host member state or the participating member states are aware or ought to be aware that this third country is engaged in practices as described in paragraph 1 . those member states shall provide that information to the participating units . for that purpose , they may use the information prepared by the european asylum support office , the agency and the united nations high commissioner for refugees .


### during a border surveillance operation at sea , a situation may occur where it will be necessary to render assistance to persons found in distress . in accordance with international law , every state must require the master of a ship flying its flag , in so far as he can do so without serious danger to the ship , the crew or the passengers , to render assistance to any person found at sea in danger of being lost and to proceed with all possible speed to the rescue of persons in distress . such assistance should be provided regardless of the nationality or status of the persons to be assisted or of the circumstances in which they are found . ### when conducting a border surveillance operation at sea , a situation may occur where it will be necessary to render assistance to persons found in distress . in accordance with international law , every state must require the master of a ship flying its flag , in so far as he can do so without serious danger to the ship , the crew or the passengers , to render assistance to any person found at sea in danger of being lost and to proceed with all possible speed to the rescue of persons in distress . such assistance must be provided regardless of the nationality or status of the persons to be assisted or of the circumstances in which they are found .


### where the ship cannot or can no longer be considered as being in a distress situation or the search and rescue operation has been concluded , the participating unit shall , in consultation with the international coordination centre , resume the sea operation . ### where the ship cannot or can no longer be considered as being in a distress situation or the search and rescue operation has been concluded as provided for in article 10 , the participating unit shall , in consultation with the international coordination centre , resume the sea operation .


### the possible existence of an arrangement between a member state and a third country cannot absolve member states from those obligations whenever they are aware or ought to be aware that systemic deficiencies in the asylum procedure and in the reception conditions of asylum seekers in that third country amount to substantial grounds for believing that the asylum seeker would face a real risk of being subjected to inhuman or degrading treatment or where they are aware or ought to be aware that this third country is engaged in practices in contravention of the principle of non - refoulement . ### the possible existence of an arrangement between a member state and a third country cannot absolve member states from their international obligations under the principle of non - refoulement according to which no persons shall be expelled to any country , territory or other place where they would face a real risk of being subjected to torture or inhuman and degrading treatment or punishment or the death penalty or any other serious violation of their human rights .


### no person shall be disembarked in , or otherwise handed over to the authorities of a country where there is a serious risk that such person would be subjected to the death penalty , torture or other inhuman or degrading treatment or punishment or from which there is a serious risk of expulsion , removal or extradition to another country in contravention of the principle of non - refoulement . ### no person shall be disembarked in , otherwise handed over to the authorities of , or forced to enter , a country where there is a serious risk that such person would be subjected to the death penalty , torture or other inhuman or degrading treatment or punishment or from which there is a serious risk of expulsion , removal or extradition to another country in contravention of the principle of non - refoulement .


### research and innovation , including eco - innovation and social innovation , are among the main drivers of future growth and have been put at the centre of the europe 2020 strategy for smart , sustainable and inclusive growth . public authorities should make the best strategic use of public procurement to spur innovation . buying innovative goods and services plays a key role in improving the efficiency and quality of public services while addressing major societal challenges . it contributes to achieving best value for public money as well as wider economic , environmental and societal benefits in terms of generating new ideas , translating them into innovative products and services and thus promoting sustainable economic growth . this directive should contribute to facilitating public procurement of innovation and help member states in achieving the innovation union targets . a specific procurement procedure should therefore be provided for which allows contracting authorities to establish a long - term innovation partnership for the development and subsequent purchase of a new , innovative product , service or works provided it can be delivered to agreed performance levels and costs . the partnership should be structured in such a way that it can provide the necessary ‘ market - pull’ , incentivising the development of an innovative solution without foreclosing the market . ### research and innovation , including eco - innovation and social innovation , are among the main drivers of future growth and have been put at the centre of the europe 2020 strategy for smart , sustainable and inclusive growth . public authorities should make the best strategic use of public procurement to spur innovation . buying innovative goods and services plays a key role in improving the efficiency and quality of public services while addressing major societal challenges . it contributes to achieving best value for public money as well as wider economic , environmental and societal benefits in terms of generating new ideas , translating them into innovative products and services and thus promoting sustainable economic growth . this directive should contribute to facilitating public procurement of innovation and help member states in achieving the innovation union targets . a specific procurement procedure should therefore be provided for which allows contracting authorities to establish a long - term innovation partnership for the development and subsequent purchase of a new , innovative product , service or works provided it can be delivered to agreed performance levels and costs . the partnership should be structured in such a way that it can provide the necessary ‘ market - pull’ , incentivising the development of an innovative solution without foreclosing the market . in addition , when setting public procurement conditions , public authorities should be given a choice between awarding a contract on the basis of the most economically advantageous tender and on the basis of the most innovative and sustainable tender , and should make it clear when publishing the invitation to tender which of these will apply .


### member states shall appoint a single independent body responsible for the oversight and coordination of implementation activities . member states shall inform the commission of their designation . ### member states shall appoint a single independent body responsible for the oversight and coordination of implementation activities in cases in which no such independent body yet exists . member states shall inform the commission of their designation .


### operator of critical infrastructure that are essential for the maintenance of vital economic and societal activities in the fields of energy , transport , banking , stock exchanges and health , a non - exhaustive list of which is set out in annex ii . ### operator of infrastructure that are essential for the maintenance of vital economic and societal activities in the fields of energy , transport , banking , stock exchanges and health , a list of which is set out in annex ii .


### member states shall ensure that public administrations and market operators take appropriate technical and organisational measures to manage the risks posed to the security of the networks and information systems which they control and use in their operations . having regard to the state of the art , these measures shall guarantee a level of security appropriate to the risk presented . in particular , measures shall be taken to prevent and minimise the impact of incidents affecting their network and information system on the core services they provide and thus ensure the continuity of the services underpinned by those networks and information systems . ### member states shall ensure that public administrations and market operators take appropriate technical and organisational measures to manage the risks posed to the security of the networks and information systems which they control and use in their operations . having regard to the technological development , these measures shall ensure a level of security appropriate to the risk presented . in particular , appropriate measures shall be taken to prevent and minimise the impact of incidents affecting their network and information system on the core services they provide and thus ensure the continuity of the services underpinned by those networks and information systems .


### member states shall lay down rules on sanctions applicable to infringements of the national provisions adopted pursuant to this directive and shall take all measures necessary to ensure that they are implemented . the sanctions provided for must be effective , proportionate and dissuasive . the member states shall notify those provisions to the commission by the date of transposition of this directive at the latest and shall notify it without delay of any subsequent amendment affecting them . ### member states shall lay down rules on sanctions applicable to negligent and intentional infringements of the national provisions adopted pursuant to this directive and shall take all measures necessary to ensure that they are implemented . the sanctions provided for must be effective , proportionate and dissuasive . the member states shall notify those provisions to the commission by the date of transposition of this directive at the latest and shall notify it without delay of any subsequent amendment affecting them .


### in recent years the european commission has presented several reports taking stock of the situation concerning gender diversity in economic decision - making . the commission has encouraged publicly listed companies in the european union to increase the number of women on their boards by self - regulatory measures and to make concrete voluntary commitments in that regard . in its women ' s charter of 5 march 2010 , the european commission underlined that women still do not have full access to the sharing of power and decision - making in political and economic life and reaffirmed its commitment to use its powers to promote a fairer representation of women and men in positions of responsibility . improving the gender balance in decision - making was defined by the commission ' s strategy for equality between women and men 2010 - 2015 as one of its priority tasks . ### in recent years the european commission has presented several reports taking stock of the situation concerning gender diversity in economic decision - making . the commission has encouraged publicly listed companies in the european union to increase the number of the under - represented sex on their boards by self - regulatory measures and to make concrete voluntary commitments in that regard . in its women ' s charter of 5 march 2010 , the european commission underlined that women still do not have full access to the sharing of power and decision - making in political and economic life and reaffirmed its commitment to use its powers to promote a fairer representation of women and men in positions of responsibility . improving the gender balance in decision - making was defined by the commission ' s strategy for equality between women and men 2010 - 2015 as one of its priority tasks .


### despite the existing union legislation aimed at preventing and combating sex discrimination , the council recommendations aimed specifically at increasing the presence of women in economic decision - making and union - level actions encouraging self - regulation , women continue to be strongly outnumbered by men in the highest decision - making bodies of companies throughout the union . in the private sector and especially in listed companies this gender imbalance is particularly significant and acute . the commission ' s key indicator of gender representation on corporate boards shows that the proportion of women involved in top - level business decision - making remains very low . in january 2012 , women occupied on average just 13 . 7 per cent of board seats in the largest publicly listed companies in member states . among non - executive directors only 15 per cent were women . ### despite the existing union legislation aimed at preventing and combating sex discrimination , the council recommendations aimed specifically at increasing the presence of women in economic decision - making and union - level actions encouraging self - regulation , women continue to be strongly outnumbered by men in the highest decision - making bodies of companies throughout the union . in the private sector this gender imbalance is particularly significant and acute , although certain eu institutions and agencies , such as the european central bank , also display a deeply problematic gender imbalance . the commission ' s key indicator of gender representation on corporate boards shows that the proportion of women involved in top - level business decision - making remains very low . in january 2012 , women occupied on average just 13 . 7 per cent of board seats in the largest publicly listed companies in member states . among non - executive directors only 15 per cent were women .


### despite the existing union legislation aimed at preventing and combating sex discrimination , the council recommendations aimed specifically at increasing the presence of women in economic decision - making and union - level actions encouraging self - regulation , women continue to be strongly outnumbered by men in the highest decision - making bodies of companies throughout the union . in the private sector and especially in listed companies this gender imbalance is particularly significant and acute . the commission ' s key indicator of gender representation on corporate boards shows that the proportion of women involved in top - level business decision - making remains very low . in january 2012 , women occupied on average just 13 . 7 per cent of board seats in the largest publicly listed companies in member states . among non - executive directors only 15 per cent were women . ### despite the existing union legislation aimed at preventing and combating sex discrimination , the council recommendations aimed specifically at increasing the presence of women in economic decision - making and union - level actions encouraging self - regulation , women continue to be strongly under - represented in the highest decision - making bodies of companies throughout the union . in the private sector and especially in listed companies this gender imbalance is particularly significant and acute , while certain eu institutions and agencies , such as the european central bank , also display a deeply problematic gender imbalance . the commission ' s key indicator of gender representation on corporate boards shows that the proportion of women involved in top - level business decision - making remains very low . in january 2012 , women occupied on average just 13 . 7 per cent of board seats in the largest publicly listed companies in member states . among non - executive directors only 15 per cent were women .


### in accordance with the principle of proportionality , as set out in that same article , this directive is limited to setting common objectives and principles and does not go beyond what is necessary in order to achieve those objectives . member states are given sufficient freedom to determine how the objectives laid down in this directive should best be achieved taking national circumstances into account , in particular rules and practices concerning recruitment for board positions . this directive does not interfere with the possibility for companies to appoint the most qualified board members , and it grants a sufficiently long period of adaptation for all listed companies . ### in accordance with the principle of proportionality , as set out in that same article , this directive is limited to setting common objectives and principles and does not go beyond what is necessary in order to achieve those objectives . member states are given sufficient freedom to determine how the objectives laid down in this directive should best be achieved taking national circumstances into account , in particular rules and practices concerning recruitment for board positions . this directive does not interfere with the possibility for companies to appoint the most qualified board members , and it grants a flexible framework and a sufficiently long period of adaptation for all listed companies .


### this directive lays down measures to ensure a more balanced representation of men and women among the non - executive directors of listed companies by establishing measures aimed at accelerated progress towards gender balance while allowing companies sufficient time to make the necessary arrangements . ### this directive lays down measures to achieve a more balanced representation of men and women among the non - executive directors of listed companies by establishing measures aimed at accelerated progress towards gender balance , respecting member states ' economic and legal framework , while allowing companies sufficient time to make the necessary arrangements .


### in order to attain the objective laid down in paragraph 1 , member states shall ensure that , in the selection of non - executive directors , priority shall be given to the candidate of the under - represented sex if that candidate is equally qualified as a candidate of the other sex in terms of suitability , competence and professional performance , unless an objective assessment taking account of all criteria specific to the individual candidates tilts the balance in favour of the candidate of the other sex . ### in order to attain the objective laid down in paragraph 1 , member states could encourage that , in the selection of non - executive directors , priority shall be given to the candidate of the under - represented sex if that candidate is equally qualified as a candidate of the other sex in terms of suitability , competence and professional performance , unless an objective assessment taking account of all criteria specific to the individual candidates tilts the balance in favour of the candidate of the other sex . the criteria used for the selection referred in first sub - paragraph shall be clear , transparent and non - discriminatory . they shall be set in advance and made available for any candidate .


### member states shall take the necessary measures to ensure that the body or bodies designated in accordance with article 20 of directive 2006 / 54 / ec of the european parliament and of the council of 5 july 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation 35 are also competent for the promotion , analysis , monitoring and support of gender balance on the boards of listed companies . ### member states shall take the necessary measures to ensure that the body or bodies designated in accordance with article 20 of directive 2006 / 54 / ec of the european parliament and of the council of 5 july 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation 35 are also competent for the promotion , analysis , monitoring and support of gender balance on the boards of listed companies . in the same way , member states and the commission shall give these bodies and the european institute for gender equality the task of drawing up reports and encouraging economic and scientific research so as to draw on the knowledge of eu universities and business schools concerning the benefits of equality in enhancing competitiveness and economic performance . an annual prize shall be awarded for the most deserving academic initiative in this area .


### draft legislative resolution ### recalls its resolution of 8 june 2011 on investing in the future : a new multiannual financial framework for a competitive , sustainable and inclusive europe1 ; reiterates that , regardless of realisable savings and reallocations , sufficient additional resources are needed in the next mff to enable the union to fulfil its existing policy priorities and the new tasks provided for in the treaty of lisbon , as well as to respond to unforeseen events ; challenges the council , if it does not share this approach , to clearly identify which of its political priorities or projects could be dropped altogether , despite their proven european added value ; _________ 1 texts adopted , p7_ta0266 .


### social sciences and humanities shall be an integral part of the activities to address all the challenges . in addition , the underpinning development of these disciplines shall be supported under the specific objective ‘ inclusive , innovative and secure societies’ . support will also focus on providing a strong evidence base for policy making at international , union , national and regional levels . given the global nature of many of the challenges , strategic cooperation with third countries shall be an integral part of each challenge . in addition , cross - cutting support for international cooperation shall be provided under the specific objective ‘ inclusive , innovative and secure societies’ . ### social sciences and humanities as well as the integration of civil society shall be an integral part of the activities to address all the challenges . in addition , the underpinning development of these disciplines shall be supported under the specific objective ‘ inclusive , innovative and secure societies’ . support will also focus on providing a strong evidence base for policy making at international , union , national and regional levels . given the global nature of many of the challenges , strategic cooperation with third countries shall be an integral part of each challenge . in addition , cross - cutting support for international cooperation shall be provided under the specific objective ‘ inclusive , innovative and secure societies’ .


### the specific objective of nanotechnologies research and innovation is to secure union leadership in this high growth global market , by stimulating investment in nanotechnologies and their uptake in high added - value , competitive products and services across a range of applications and sectors . ### the specific objective of nanotechnologies research and innovation is to prepare union leadership in this high growth global market , by stimulating investment and patents in nanotechnologies and their uptake in high added - value , competitive products and services across a range of applications and sectors .