### the justice , rights and values fund and its two underlying funding programmes will focus primarily on people and entities , which contribute to make our common values , rights and rich diversity alive and vibrant . the ultimate objective is to nurture and sustain rights - based , equal , inclusive and democratic society . that includes a vibrant civil society , encouraging people ' s democratic , civic and social participation and fostering the rich diversity of european society , based on our common history and memory . article 11 of the treaty of the european union further specifies that the institutions shall , by appropriate means , give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of union action . ### the justice , rights and values fund and its two underlying funding programmes will focus on people and entities , which contribute to make our common values , rights and rich diversity alive and vibrant . the ultimate objective is to nurture and sustain rights - based , equal , inclusive and democratic society , including a vibrant civil society . the activities financed should aim at encouraging people ' s democratic , civic and social participation and fostering the rich diversity of european society , based on our common values and history . article 11 of the treaty of the european union further specifies that the institutions shall maintain an open , transparent and regular dialogue with civil society and shall , by appropriate means , give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of union action .


### citizens should also be more aware of their rights deriving from citizenship of the union , and should feel at ease about living , travelling , studying , working and volunteering in another member state , and should feel able to enjoy and exercise all their citizenship rights , place their trust in equal access , full enforceability and protection of their rights without any discrimination , no matter where in the union they happen to be . civil society needs to be supported for the promotion , safeguarding and raising awareness of eu common values under article 2 teu and in contributing to the effective enjoyment of rights under union law . ### citizens should also be more aware of their rights deriving from citizenship of the union , and should feel at ease about living , travelling , studying , working and volunteering in another member state , and should feel able to enjoy and exercise all their citizenship rights , place their trust in equal access , full enforceability and protection of their rights without any discrimination , no matter where in the union they happen to be . civil society needs to be supported at all levels for the promotion , safeguarding and raising awareness of eu common values under article 2 teu and in contributing to the effective enjoyment of rights under union law .


### the types of financing and the methods of implementation under this regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to deliver results , taking into account , in particular , the costs of controls , the administrative burden , and the expected risk of non - compliance . this should include consideration of the use of lump sums , flat rates and unit costs , as well as financing not linked to costs as referred to in article 125 of the financial regulation . in accordance with the financial regulation , regulation no 883 / 2013 of the european parliament and of the council20 council regulation no 2988 / 9521 council regulation no 2185 / 9622 and council regulation 2017 / 193923 the financial interests of the union are to be protected through proportionate measures , including the prevention , detection , correction and investigation of irregularities and fraud , the recovery of funds lost , wrongly paid or incorrectly used and , where appropriate , the imposition of administrative sanctions . in particular , in accordance with regulation no 883 / 2013 and regulation no 2185 / 96 the european anti - fraud office may carry out administrative investigations , including on - the - spot checks and inspections , with a view to establishing whether there has been fraud , corruption or any other illegal activity affecting the financial interests of the union . in accordance with regulation 2017 / 1939 , the european public prosecutor’s office may investigate and prosecute fraud and other criminal offences affecting the financial interests of the union as provided for in directive 2017 / 1371 of the european parliament and of the council24 . in accordance with the financial regulation , any person or entity receiving union funds is to fully cooperate in the protection of the union’s financial interests , to grant the necessary rights and access to the commission , olaf , the eppo and the european court of auditors and to ensure that any third parties involved in the implementation of union funds grant equivalent rights . _________________ 20 regulation no 883 / 2013 of the european parliament and of the council of 11 september 2013 concerning investigations conducted by the european anti - fraud office and repealing regulation no 1073 / 1999 of the european parliament and of the council and council regulation no 1074 / 1999 , no 2988 / 95 of 18 december 1995 on the protection of the european communities financial interests . 22 council regulation no 2185 / 96 of 11 november 1996 concerning on - the - spot checks and inspections carried out by the commission in order to protect the european communities’ financial interests against fraud and other irregularities . 23 council regulation 2017 / 1939 of 12 october 2017 implementing enhanced cooperation on the establishment of the european public prosecutor’s office . 24 directive 2017 / 1371 of the european parliament and of the council of 5 july 2017 on the fight against fraud to the union’s financial interests by means of criminal law . ### the types of financing and the methods of implementation under this regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to deliver results , taking into account , in particular , the costs of controls , the administrative burden , and the expected risk of non - compliance , with a view to achieve a positive success target rate , especially for action grants and projects . this should include consideration of the use of lump sums , flat rates and unit costs - by considering also further parameters to be incorporated into them , so that persons with special needs can be accommodated more effectively - as well as financing not linked to costs as referred to in article 125 of the financial regulation . in accordance with the financial regulation , regulation no 883 / 2013 of the european parliament and of the council20 council regulation no 2988 / 9521 council regulation no 2185 / 9622 and council regulation 2017 / 193923 the financial interests of the union are to be protected through proportionate measures , including the prevention , detection , correction and investigation of irregularities and fraud , the recovery of funds lost , wrongly paid or incorrectly used and , where appropriate , the imposition of administrative sanctions . in particular , in accordance with regulation no 883 / 2013 and regulation no 2185 / 96 the european anti - fraud office may carry out administrative investigations , including on - the - spot checks and inspections , with a view to establishing whether there has been fraud , corruption or any other illegal activity affecting the financial interests of the union . in accordance with regulation 2017 / 1939 , the european public prosecutor’s office may investigate and prosecute fraud and other criminal offences affecting the financial interests of the union as provided for in directive 2017 / 1371 of the european parliament and of the council24 . in accordance with the financial regulation , any person or entity receiving union funds is to fully cooperate in the protection of the union’s financial interests , to grant the necessary rights and access to the commission , olaf , the eppo and the european court of auditors and to ensure that any third parties involved in the implementation of union funds grant equivalent rights . _________________ 20 regulation no 883 / 2013 of the european parliament and of the council of 11 september 2013 concerning investigations conducted by the european anti - fraud office and repealing regulation no 1073 / 1999 of the european parliament and of the council and council regulation no 1074 / 1999 , no 2988 / 95 of 18 december 1995 on the protection of the european communities financial interests . 22 council regulation no 2185 / 96 of 11 november 1996 concerning on - the - spot checks and inspections carried out by the commission in order to protect the european communities’ financial interests against fraud and other irregularities . 23 council regulation 2017 / 1939 of 12 october 2017 implementing enhanced cooperation on the establishment of the european public prosecutor’s office . 24 directive 2017 / 1371 of the european parliament and of the council of 5 july 2017 on the fight against fraud to the union’s financial interests by means of criminal law .


### in order to ensure uniform conditions for the implementation of this regulation , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of indicators as indicated in article 14 and 16 and annex ii . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states’ experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . ### in order to ensure the implementation of this regulation , with a view to ensuring effective assessment of the programme ' s progress towards the achievement of its objectives , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of work programmes pursuant to article 13 and indicators as indicated in article 14 and 16 and annex ii . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states’ experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts .


### protecting and promoting the rights of the child , the rights of people with disabilities , union citizenship rights and the right to the protection of personal data . ### protecting and promoting the rights of the child , the rights of people with disabilities , union citizenship rights , including the european citizenship initiative , and the right to the protection of personal data .


### eur [ 233 . 000 . 000 ] for the specific objective referred to in article 2 ; ### eur [ 500 . 000 . 000 ] or at least 40 % of the financial envelope of the programme referred to in article 6 , to achieve the specific objective referred to in article 2 ;


### the amount referred to in paragraph 1 may be used for technical and administrative assistance for the implementation of the programme , such as preparatory , monitoring , control , audit and evaluation activities including corporate information technology systems , studies , meetings of experts , communications on priorities and areas related to the general objectives of the programme . ### the amount referred to in paragraph 1 may be used for technical and administrative assistance for the implementation of the programme , such as preparatory , monitoring , control , audit and evaluation activities , including ict systems , studies , meetings of experts communications on priorities and areas related to the general objectives of the programme , with a special focus on targeted initiatives to disseminate the knowledge of the programme , such as the unique , user - friendly communication e - portal .


### the performance reporting system shall ensure that data for monitoring programme implementation and results are collected efficiently , effectively , and in a timely manner . to that end , proportionate reporting requirements shall be imposed on recipients of union funds and member states . ### the performance reporting system shall ensure that data for monitoring programme implementation and results are collected efficiently , effectively , and in a timely manner . to that end , proportionate reporting and least burdensome requirements shall be imposed on recipients of union funds and member states .


### the power to adopt delegated acts referred to in article 14 shall be conferred on the commission until 31 december 2027 . ### the power to adopt delegated acts referred to in articles 13 and 14 shall be conferred on the commission until 31 december 2027 .


### the delegation of power referred to in article 14 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force . ### the delegation of power referred to in articles 13 and 14 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force .


### a delegated act adopted pursuant to article 14 shall enter into force if no objection has been expressed either by the european parliament or by the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or of the council . ### a delegated act adopted pursuant to articles 13 and 14 shall enter into force if no objection has been expressed either by the european parliament or by the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or of the council .


### information and communication technology tools development and maintenance ; ### information and communication technology tools development , to increase citizens’ knowledge of the programme and their participation in the union ' s democratic process ;


### bringing together europeans of different nationalities and cultures by giving them the opportunity to participate in town - twinning activities ; ### bringing together citizens of different nationalities and cultures by giving them the opportunity to participate in town - twinning activities and small scale projects ;


### encouraging and facilitating active participation in the construction of a more democratic union as well as awareness of rights and values through support to civil society organisations ### encouraging and facilitating active and inclusive participation in the construction of a more democratic union as well as raising awareness , promoting and defending rights and values through support to civil society organisations ;


### developing the capacity of european networks to promote and further develop union law , policy goals and strategies as well as supporting civil society organisations active in the areas covered by the programme . ### developing the capacity of european networks through multiannual operating grants to promote and further develop union law , policy goals and strategies , supporting civil society organisations as well as local and regional authorities and heir representative associations active in the areas covered by the programme .


### the programme will be monitored on the basis of a set of indicators intended to measure the extent to which the general and specific objectives of the programme have been achieved and with a view to minimising administrative burdens and costs . to that end , data will be collected as regards the following set of key indicators : ### the programme will be monitored on the basis of a set of indicators intended to measure the extent to which the general and specific objectives of the programme have been achieved and with a view to minimising administrative burdens and costs . to that end , data will be collected as regards the following set of key indicators : line 3a number of transnational networks and initiatives focusing on european remembrance , heritage and civil dialogue as a result of programme intervention


### in order to provide greater possibility for parents to use parental leave as their children grow up , the right to parental leave should be granted until the child is at least twelve years old . member states should be able to specify the period of notice to be given by the worker to the employer when applying for parental leave and to decide whether the right to parental leave may be subject to a certain period of service . in view of the growing diversity of contractual arrangements , the sum of successive fixed - term contracts with the same employer should be taken into account for the purpose of calculating the period of service . to balance the needs of workers with those of employers , member states should also be able to decide whether they define if the employer may be allowed to postpone the granting of parental leave under certain circumstances . in such cases , the employer should provide justification for the postponement . given that flexibility makes it more likely that second parents , in particular fathers , will take up their entitlement to such leave , workers should be able to request to take parental leave on a full - time or part - time basis or in other flexible forms . it should be up to the employer whether or not to accept such a request for parental leave in other flexible forms than full - time . member states should also assess if the conditions and detailed arrangements of parental leave should be adapted to the specific needs of parents in particularly disadvantaged situations . ### in order to provide greater possibility for parents to use parental leave as their children grow up , the right to parental leave should be granted until a given age of the child of up to eight . member states should be able to specify the period of notice to be given by the worker to the employer when applying for parental leave and to decide whether the right to parental leave may be subject to a certain period of service , taking into particular account the constraints of enterprises . in view of the growing diversity of contractual arrangements , the sum of successive fixed - term contracts with the same employer should be taken into account for the purpose of calculating the period of service . to balance the needs of workers with those of employers , member states should also be able to decide whether they define if the employer may be allowed to postpone the granting of parental leave under certain circumstances . in such cases , the employer should provide justification for the postponement . given that flexibility makes it more likely that second parents , in particular fathers , will take up their entitlement to such leave , workers should be able to request to take parental leave on a full - time or part - time basis or in other flexible forms . it should be up to the employer whether or not to accept such a request for parental leave in other flexible forms than full - time . member states should also assess if the conditions and detailed arrangements of parental leave should be adapted to the specific needs of parents in particularly disadvantaged situations .


### in order to encourage working parents and carers to remain in the work force , those workers should be able to adapt their working schedules to their personal needs and preferences . working parents and carers should therefore be able to request flexible working arrangements , meaning the possibility for workers to adjust their working patterns , including through the use of remote working arrangements , flexible working schedules , or a reduction in working hours , for caring purposes . in order to address the needs of workers and employers , it should be possible for member states to limit the duration of flexible working arrangements , including a reduction in working hours . while working part - time has been shown to be useful in allowing some women to remain in the labour market after having children , long periods of reduced working hours may lead to lower social security contributions translating into reduced or non - existing pension entitlements . the ultimate decision as to whether or not to accept a worker’s request for flexible working arrangements should lie with the employer . specific circumstances underlying the need for flexible working arrangements can change . workers should therefore not only have the right to return to their original working patterns at the end of a given agreed period , but should also be able to request to do so at any time where a change in the underlying circumstances so requires . ### in order to encourage working parents and carers to remain in the work force , employers should give them the possibility to adapt their working schedules to their personal needs and preference . without abusing that right , working parents and carers should be able to request flexible working arrangements , meaning the possibility for workers to adjust their working patterns , including through the use of remote working arrangements , flexible working schedules , or a reduction in working hours , for caring purposes . in order to address the needs of workers and employers and ensure that they are properly balanced , it should be possible for member states to limit the duration of part - time work , giving priority to other flexible working arrangements . while working part - time has indeed been shown to be useful in allowing some women to remain in the labour market after having children or other family responsibilities , long periods of reduced working hours may lead to lower social security contributions translating into reduced or non - existing pension entitlements . the ultimate decision as to whether or not to accept a worker’s request for flexible working arrangements should lie with the employer . specific circumstances underlying the need for flexible working arrangements can change . workers should therefore not only have the right to return to their original working patterns at the end of a given agreed period , but should also be able to request to do so at any time where a change in the underlying circumstances so requires .


### “relative” means a worker’s son , daughter , mother , father , spouse or partner in civil partnership , where such partnerships are envisaged by national law ; ### “relative” means a worker’s son , daughter , adopted child , mother , father , adoptive parents , spouse and his or her children or partner in civil partnership and his or her children , where such partnerships are envisaged by national law ;


### member states shall take the necessary measures to ensure that workers with children up to a given age , which shall be at least twelve , and carers , have the right to request flexible working arrangements for caring purposes . the duration of such flexible working arrangements may be subject to a reasonable limitation . ### member states shall take the necessary measures to ensure that workers with children up to a given age , which shall be at least twelve , and carers , have the right to request flexible working arrangements for caring purposes . the duration of such flexible working arrangements may be subject to a reasonable limitation . the employees should support such requests with appropriate documents .


### rights acquired or in the process of being acquired by workers on the date on which leave referred to in article 4 , 5 or 6 starts shall be maintained until the end of such leave . at the end of such leave , those rights , including any changes arising from national law , collective agreements or practice , shall apply . ### rights acquired or in the process of being acquired by workers on the date on which leave referred to in article 4 , 5 , 6 , 7 or 9 starts shall be maintained until the end of such leave or of the respective period of time for the flexible working arrangements . at the end of such leave , those rights , including any changes arising from national law , collective agreements or practice , shall apply .


### member states shall ensure that , at the end of leave referred to in article 4 , 5 or 6 , workers are entitled to return to their jobs or to equivalent posts on terms and conditions which are no less favourable to them , and to benefit from any improvement in working conditions to which they would have been entitled during their absence . ### member states shall ensure that , at the end of leave or of the respective period of time for the flexible working arrangements , referred to in article 4 , 5 , 6 , 7 or 9 workers are entitled to have their jobs reserved or if appropriate to obtain equivalent posts on terms and conditions which are no less favourable to them , and to benefit from any improvement in working conditions to which they would have been entitled during their absence .


### . member states shall define the status of the employment contract or employment relationship for the period of leave referred to in article 4 , 5 or 6 , including as regards entitlements to social security , while ensuring that the employment relationship is maintained during that period . ### member states shall define the status of the employment contract or employment relationship for the period of leave or of the respective period of time for the flexible working arrangements referred to in article 4 , 5 , 6 , 7 or 9 including as regards entitlements to social security , while ensuring that the employment relationship is maintained during that period .


### member states shall take the necessary measures to prohibit less favourable treatment of workers on the ground that they have applied for , or have taken , leave referred to in article 4 , 5 or 6 , or on the ground that they have exercised their right to flexible working arrangements referred to in article 9 . ### member states together with the social partners shall take the necessary measures to prohibit less favourable treatment of workers on the ground that they have applied for , or have taken , leave referred to in article 4 , 5 , 6 or 7 or on the ground that they have exercised their right to flexible working arrangements referred to in article 9 .


### on the basis of the information provided by member states pursuant to paragraph 1 , the commission shall submit to the european parliament and the council a report in which it reviews the application of this directive , accompanied , if appropriate , by a legislative proposal . ### on the basis of the information provided by member states pursuant to paragraph 1 , the commission shall submit to the european parliament and the council a report in which it reviews the application of this directive , including data disaggregated by gender and age on the take - up of different types of leave contained in this directive and its impact on micro , small and medium - sized undertakings , accompanied , if appropriate , by a legislative proposal .


### in conformity with regulation 2017 / 1939 , the office should in principle not open an administrative investigation parallel to an investigation conducted by the eppo into the same facts . however , in certain cases , the protection of the union’s financial interests may require that the office carry out a complementary administrative investigation before the conclusion of criminal proceedings initiated by the eppo with the purpose of ascertaining whether precautionary measures are necessary , or financial , disciplinary or administrative action should be taken . these complementary investigations may be appropriate , inter alia , when necessary to recover amounts due to the union budget subject to specific time - barring rules , when the amounts at risk are very high , or where there is the need to avoid further expenditure in risk situations through administrative measures . ### in conformity with regulation 2017 / 1939 , the office should in principle not open an administrative investigation parallel to an investigation conducted by the eppo into the same facts , except , in certain cases , where the protection of the union’s financial interests may require that the office carry out a complementary administrative investigation before the conclusion of criminal proceedings initiated by the eppo with the purpose of ascertaining whether precautionary measures are necessary , or financial , disciplinary or administrative action should be taken . these complementary investigations may be appropriate , inter alia , when necessary to recover amounts due to the union budget subject to specific time - barring rules , when the amounts at risk are very high , or where there is the need to avoid further expenditure in risk situations through administrative measures .


### regulation 2017 / 1939 provides that the eppo may request such complementary investigations to the office . in cases where the eppo does not request it , such a complementary investigation should also be possible on the initiative of the office , under certain conditions . in particular , the eppo should be able to object to the opening or continuation of an investigation by the office , or to the performance of specific acts of investigation by it . the reasons for this objection should be based on the need to protect the effectiveness of the eppo ' s investigation and should be proportionate to this aim . the office should refrain from performing the action on which the eppo raised an objection . if the eppo does not object , the office investigation should be conducted in close consultation with the eppo . ### regulation 2017 / 1939 provides that the eppo may request such complementary investigations to the office . in cases where the eppo does not request it , such a complementary investigation should also be possible on the initiative of the office , under certain conditions . in particular , the eppo should be able to object to the opening or continuation of an investigation by the office , or to the performance of specific acts of investigation by it , if it would counter the effectiveness of the eppo’s own investigation . such an objection should always be duly justified and proportionate . in that case , the office should refrain from performing the action on which the eppo raised an objection . if the eppo does not object , the office investigation should be conducted in close consultation with the eppo .


### these changes do not affect the procedural guarantees applicable in the framework of investigations . the office is bound to apply the procedural guarantees of regulation no 883 / 2013 , council regulation no 2185 / 967 and those contained in the charter of fundamental rights of the union . this framework requires that the office conducts its investigations objectively , impartially and confidentially , seeking evidence for and against the person concerned , and carries out investigative acts on the basis of a written authorisation and following a legality check . the office must ensure the respect of the rights of persons concerned by its investigations , including the presumption of innocence and the right to avoid self - incrimination . when interviewed , persons concerned have inter alia the rights to be assisted by a person of choice , to approve the record of the interview , and to use any of the official languages of the union . persons concerned also have the right to comment on the facts of the case before conclusions are drawn . ### these changes do not affect the procedural guarantees applicable in the framework of investigations . the office is bound to apply the procedural guarantees of regulation no 883 / 2013 , council regulation no 2185 / 967 and those contained in the charter of fundamental rights of the union . this framework requires that the office conducts its investigations objectively , impartially and confidentially , seeking evidence for and against the person concerned , and carries out investigative acts on the basis of a written authorisation and following a legality check . both the eppo and the office must ensure the respect of the rights of persons concerned by their investigations , including the presumption of innocence and the right to avoid self - incrimination . when interviewed , persons concerned have inter alia the rights to be assisted by a person of choice , to approve the record of the interview , and to use any of the official languages of the union . persons concerned also have the right to comment on the facts of the case before conclusions are drawn .


### in situations where the office needs to rely on the assistance of the national competent authorities , particularly in cases where an economic operator opposes an on - the - spot check and inspection , member states should ensure that the office ' s action is effective , and should provide the necessary assistance in accordance with the relevant rules of national procedural law . ### in situations where the office needs to rely on the assistance of the national competent authorities , particularly in cases where an economic operator opposes an on - the - spot check and inspection , member states should ensure that the office ' s action is effective , and should guarantee the necessary assistance in accordance with the relevant rules of national procedural law .


### as part of this duty of cooperation , the office should be able to require economic operators who may have been involved in the matter under investigation , or who might hold relevant information , to supply relevant information . when complying with such requests , economic operators are not obliged to admit that they have committed an illegal activity , but they are obliged to answer factual questions and to provide documents , even if this information may be used to establish against them or against another operator the existence of an illegal activity . ### as part of this duty of cooperation , the office should be able to require economic operators who may have been involved in the matter under investigation , or who might hold relevant information , to supply such information . directive 2018 / . . . [ reference to directive on the protection of persons reporting on breaches of union law ] applies as regards the protection of persons reporting breaches of union law . when complying with such requests , economic operators are not obliged to admit that they have committed an illegal activity , but they are obliged to answer factual questions .


### the office should dispose of the necessary means to follow the money trail in order to uncover the modus operandi typical of many fraudulent conducts . today , it is able to obtain banking information relevant for its investigative activity held by credit institutions in a number of member states , through cooperation with and assistance by the national authorities . to ensure an effective approach throughout the union , the regulation should specify the duty of competent national authorities to provide information on bank and payments accounts to the office , as part of their general duty to assist it . this cooperation should , as a rule , take place through the financial intelligence units in the member states . when giving this assistance to the office , the national authorities should act in compliance with the relevant provisions of procedural law provided for in the national legislation of the member state concerned . ### the office should dispose of the necessary means to follow the money trail in order to uncover the modus operandi typical of many fraudulent conducts . today , it is able to obtain banking information relevant for its investigative activity held by credit institutions in a number of member states , through cooperation with and assistance by the national authorities . to ensure an effective approach throughout the union , the regulation should specify the duty of competent national authorities to provide information on bank and payments accounts to the office , as part of their general duty to assist it . this cooperation should , as a rule , take place through the financial intelligence units in the member states . when giving this assistance to the office , the national authorities should act in compliance with the relevant provisions of procedural law provided for in the national legislation of the member state concerned while ensuring proper communication of all information relevant to the investigation to both the eppo and the office in a timely manner .


### ' it may also transmit information to the institution , body , office or agency concerned . ' ; ### ' in order to avoid undue delays that could have detrimental consequences to other investigations , such as some waiver of immunity cases , it may also transmit , upon request , information to the institution , body , office or agency concerned . ' ;


### it is necessary to specify the objectives of the entry / exit system and its technical architecture , to lay down rules concerning its operation and use and to define responsibilities for the system , the categories of data to be entered into the system , the purposes for which the data are to be entered , the criteria for their entry , the authorities authorised to access the data and further rules on data processing and the protection of personal data . ### it is necessary to specify the objectives of the entry / exit system and its technical architecture , to lay down rules concerning its operation , use and interoperability with other information systems and to define responsibilities for the system , the categories of data to be entered into the system , the purposes for which the data are to be entered , the criteria for their entry , the authorities authorised to access the data and further rules on data processing and the protection of personal data .


### the ees should consist of a central system , which will operate a computerised central database of biometric and alphanumeric data , a national uniform interface in each member state , a secure communication channel between the ees central system and the vis central system and the communication infrastructure between the central system and the national uniform interfaces . each member state should connect its national border infrastructures to the national uniform interface . ### the ees should consist of a central system , which will operate a computerised central database of biometric and alphanumeric data , a national uniform interface in each member state , a secure communication channel between the ees central system and the vis central system and between the ees central system and the eurodac central system and the communication infrastructure between the central system and the national uniform interfaces . each member state should connect its national border infrastructures to the national uniform interface . member states ' national border infrastructures include the schengen information system , the interpol sltd and europol databases and the national databases of law enforcement authorities .


### a national uniform interface in each member state based on common technical specifications and identical for all member states enabling the connection of the central system to the national border infrastructures in member states ; ### a national uniform interface in each member state based on common technical specifications and identical for all member states enabling the connection of the central system to the national border infrastructures in member states ; member states ' national border infrastructures include the schengen information system , the interpol sltd and europol databases and the national databases of law enforcement authorities ;


### stays in member states which are not yet fully applying the schengen acquis in accordance with their respective acts of accession shall not be taken into account in the calculation of the duration of the authorised stay in the schengen area . those member states shall register the stays of third country nationals in the ees . the automated calculator in the system shall not however compute stays in member states which are not yet fully applying the schengen acquis as part of the authorised length of stay . ### stays in member states which are not applying the provisions under title iii of regulation 2016 / 399 shall be taken into account in the calculation of the duration of the authorised stay .


### eu - lisa shall be responsible for the development of the central system , the national uniform interfaces , the communication infrastructure and the secure communication channel between the ees central system and the vis central system . it shall also be responsible for the development of the web service referred to in article 12 in accordance with the specifications and conditions adopted in accordance with the examination procedure referred to in article 61 . ### eu - lisa shall be responsible for the development of the central system , the national uniform interfaces , the communication infrastructure and the secure communication channel between the ees central system and the vis central system and between the ees central system and the eurodac central system . it shall also be responsible for the development of the web service referred to in article 12 in accordance with the specifications and conditions adopted in accordance with the examination procedure referred to in article 61 .


### eu - lisa shall define the design of the physical architecture of the system including its communication infrastructure as well as the technical specifications and their evolution as regards the central system , the uniform interfaces , the secure communication channel between the ees central system and the vis central system and the communication infrastructure , which shall be adopted by the management board , subject to a favourable opinion of the commission . eu - lisa shall also implement any necessary adaptations to the vis deriving from the establishment of interoperability with the ees as well as from the implementation of the amendments to regulation no 767 / 2008 referred to in article 55 . ### eu - lisa shall define the design of the physical architecture of the system including its communication infrastructure as well as the technical specifications and their evolution as regards the central system , the uniform interfaces , the secure communication channel between the ees central system and the vis central system and between the ees central system and the eurodac central system and the communication infrastructure , which shall be adopted by the management board , subject to a favourable opinion of the commission . eu - lisa shall also implement any necessary adaptations to the vis deriving from the establishment of interoperability with the ees as well as from the implementation of the amendments to regulation no 767 / 2008 referred to in article 55 .


### eu - lisa shall develop and implement the central system , the national uniform interfaces , the secure communication channel between the ees central system and the vis central system , and the communication infrastructure as soon as possible after the entry into force of this regulation and the adoption by the commission of the measures provided for in article 33 . ### eu - lisa shall develop and implement the central system , the national uniform interfaces , the secure communication channel between the ees central system and the vis central system and between the ees central system and the eurodac central system , and the communication infrastructure as soon as possible after the entry into force of this regulation and the adoption by the commission of the measures provided for in article 33 .


### eu - lisa shall be responsible for the operational management of the central system , the secure communication channel between the ees central system and the vis central system and the national uniform interfaces . it shall ensure , in cooperation with the member states , at all times the best available technology , subject to a cost - benefit analysis . eu - lisa shall also be responsible for the operational management of the communication infrastructure between the central system and the national uniform interfaces and for the web - service referred to in article 12 . ### eu - lisa shall be responsible for the operational management of the central system , the secure communication channel between the ees central system and the vis central system and between the ees central system and the eurodac central system and the national uniform interfaces . it shall ensure , in cooperation with the member states , at all times the best available technology , subject to a cost - benefit analysis . eu - lisa shall also be responsible for the operational management of the communication infrastructure between the central system and the national uniform interfaces and for the web - service referred to in article 12 .


### when an application is created or a visa is issued , the vis shall check whether the travel document related to that application is recognised in accordance to decision no 1105 / 2011 / eu , by performing an automatic search against the list of recognised travel documents referred to in article 5a , and shall return a result . ### when an application is created , the vis shall check whether the travel document related to that application is recognised in accordance to decision no 1105 / 2011 / eu , by performing an automatic search against the list of recognised travel documents referred to in article 5a , and shall return a result .


### the member state responsible shall check the data concerned and , if necessary , correct or delete them immediately . ### in article 24 , paragraph 3 is replaced by the following : ' 3 . the member state responsible shall , as soon as possible , check the data concerned and , if necessary , correct or delete them immediately '


### the vis shall respond by indicating whether or not the person has a valid visa , providing the carriers with an ok / not ok answer . ### the vis shall respond by indicating whether or not the person has a valid visa , long - stay visa , residence permit or residence card , providing the carriers with an ok / not ok answer .


### this directive should facilitate the practical application of the right to be presumed innocent and all its different aspects and also of the right to be present at one ' s trial , with a view to safeguarding the right to a fair trial . ### this directive should facilitate the practical application of the right to be presumed innocent and all its different aspects and also of the right to be present at one ' s trial , with a view to safeguarding the right to a fair trial , with due regard for the adversarial principle and balance between the rights of the parties .


### the right not to incriminate oneself and not to cooperate is an important aspect of the presumption of innocence . suspect or accused persons should not be forced , when asked to make a statement or answer questions , to produce evidence or documents or to provide information which may lead to incriminate themselves . ### the right not to incriminate oneself and not to cooperate and the right to remain silent are important aspects of the presumption of innocence . these rights mean that the competent authorities may not in any way compel or force suspects and accused persons , when the latter are asked to make a statement or answer questions , to produce evidence or documents or to provide information which may lead them to incriminate themselves .


### when considering whether the way in which the information is provided is sufficient to ensure the person’s awareness of the trial , particular attention could , where appropriate , also be paid to the diligence exercised by the person concerned in order to receive information addressed to him or her . ### when considering whether the way in which the information is provided is sufficient to ensure the person’s awareness of the trial , particular attention should , where appropriate , also be paid on the one hand to the diligence exercised by the public authorities in order to inform the person concerned and , on the other hand , to the diligence exercised by the person concerned in order to receive information addressed to him or her .


### public references to guilt before conviction ### public references to guilt before proven guilty


### the technological development leading to a proliferation of portable devices such as tablets and smartphones increasingly facilitates the use of online content services by providing access to them regardless of the consumers’ location . there is a rapidly growing demand on the part of consumers for access to content and innovative online services not only in their home country but also when they are temporarily present in another member state of the union . ### the technological development leading to a proliferation of portable devices such as tablets and smartphones increasingly facilitates the use of online content services by providing access to them regardless of the consumers’ location . there is a rapidly growing demand on the part of consumers for access to content and innovative online services . access to online content services should therefore be made easier for subscribers temporarily present in a member state of the union other than their member state of residence . the concept of ‘ temporary presence’ should be tailored to the objective of this regulation , namely to provide cross - border portability of online content services to subscribers residing temporarily in another eu member state who return regularly to their member state of residence .


### consumers increasingly enter into contractual arrangements with service providers for the provision of online content services . however , consumers that are temporarily present in another member state of the union often cannot access and use the online content services that they have acquired the right to use in their home country . ### consumers increasingly enter into contractual arrangements with providers for the provision of online content services . however , consumers that are temporarily present in another member state of the union often cannot continue accessing and using the online content services that they have acquired the right to use in their member state of residence .


### therefore , increasingly , online content services are marketed in a package in which content which is not protected by copyright and / or related rights is not separable from content which is protected by copyright and / or related rights without substantially lessening the value of the service provided to consumers . this is especially the case with premium content such as sporting or other events of significant interest to consumers . in order to enable service providers to deliver to consumers full access to their online content services , it is indispensable that this regulation also covers such content used by online content services and therefore that it applies to audiovisual media services in the meaning of directive 2010 / 13 / eu as well as to transmissions of broadcasting organisations in their entirety . ### therefore , increasingly , online content services are marketed in a package in which content which is not protected by copyright and / or related rights is not separable from content which is protected by copyright and / or related rights without substantially lessening the value of the service provided to consumers . this is especially the case with premium content such as sporting or other events of significant interest to consumers . in order to enable service providers to deliver to consumers , when the latter are temporarily present in a member state other than their member state of residence , full access to their online content services , it is indispensable that this regulation also covers such content used by online content services and therefore that it applies to audiovisual media services within the meaning of directive 2010 / 13 / eu as well as to transmissions of broadcasting organisations in their entirety .


### this regulation should apply to online content services which are provided against payment of money . providers of such services are in a position to verify the member state of residence of their subscribers . the right to use an online content service should be regarded as acquired against payment of money whether such payment is made directly to the provider of the online content service , or to another party such as a provider offering a package combining a telecommunications service and an online content service operated by another provider . ### this regulation should apply to online content services which are provided against payment of money , including the payment of a mandatory fee such as a broadcasting fee . providers of such services are in a position to verify the member state of residence of their subscribers . the right to use an online content service should be regarded as acquired against payment of money whether such payment is made directly or indirectly to the provider of the online content service , or to another party such as a provider offering a package combining a telecommunications service and an online content service operated by another provider .


### in order to ensure the cross - border portability of online content services it is necessary to require that online service providers enable their subscribers to use the service in the member state of their temporary presence by providing them access to the same content on the same range and number of devices , for the same number of users and with the same range of functionalities as those offered in their member state of residence . this obligation is mandatory and therefore the parties may not exclude it , derogate from it or vary its effect . any action by a service provider which would prevent the subscriber from accessing or using the service while temporarily present in a member state , for example restrictions to the functionalities of the service or to the quality of its delivery , would amount to a circumvention of the obligation to enable cross - border portability of online content services and therefore would be contrary to this regulation . ### in order to ensure the cross - border portability of online content services it is necessary to require online service providers to enable their subscribers to use the service in the member state of their temporary presence by providing them with access to the same content on the same range and number of devices , for the same number of users and with the same range of functionalities as those offered in their member state of residence . this obligation is mandatory and therefore it is not open to the parties to exclude it , derogate from it or vary its effect , either pursuant to contract or by a unilateral act on the part of the service provider . any action by a service provider which would prevent the subscriber from accessing or using the service while temporarily present in a member state , for example restrictions to the functionalities of the service or to the quality of its delivery , would amount to a circumvention of the obligation to enable cross - border portability of online content services and therefore would be contrary to this regulation .


### requiring that the delivery of online content services to subscribers temporarily present in member states other than their member state of residence be of the same quality as in the member state of residence could result in high costs for service providers and thus ultimately for subscribers . therefore , it is not appropriate for this regulation to require that the provider of an online content service take measures to ensure quality of delivery of such services beyond the quality available via the local online access chosen by a subscriber while temporarily present in another member state . in such cases the provider shall not be liable if the quality of delivery of the service is lower . nevertheless , if the provider expressly agrees to guarantee certain quality of delivery to subscribers while temporarily present in other member states , the provider shall be bound by such agreement . ### requiring that the delivery of online content services to subscribers temporarily present in member states other than their member state of residence be of the same quality as in the member state of residence could result in high costs for service providers and thus ultimately for subscribers . therefore , it is not appropriate for this regulation to require that the provider of an online content service take measures to ensure quality of delivery of such services beyond the quality available via the local online access chosen by a subscriber while temporarily present in another member state . in such cases the provider should not be liable if the quality of delivery of the service is lower where the reasons for this can be attributed to objective issues such as the inadequacy of national infrastructure . the service provider should , however , inform the consumer of the possible reduction in quality . nevertheless , if the provider expressly agrees to guarantee a certain quality of delivery to subscribers while they are temporarily present in other member states , the provider should be bound by such agreement , without any additional cost to the subscriber .


### service providers should not be liable for breach of any contractual provisions contrary to the obligation to enable their subscribers to use the service in the member state of their temporary presence . therefore clauses in contracts designed to prohibit or limit the cross - border portability of online content services should be unenforceable . ### providers of online content services should not be liable for breach of any contractual provisions running counter to the obligation to enable their subscribers to use the service in the member state of their temporary presence . therefore clauses in contracts which are designed to prohibit or limit the cross - border portability of such online content services should be unenforceable . providers of online content services and holders of rights relevant for the provision of those services should not be allowed to circumvent the application of this regulation by choosing the law of a third country as the law which is to apply to contracts between them or to contracts between providers and subscribers .


### “temporarily present” means a presence of a subscriber in a member state other than the member state of residence ; ### “temporarily present in a member state” means a presence of a subscriber in a member state other than the member state of residence on a non - permanent basis ;


### ' temporarily present ' means a presence of a subscriber in a member state other than the member state of residence ; ### ' temporarily present ' means , in the case of a subscriber , present on a non - permanent basis in a member state other than his or her member state of residence ;


### any contractual provisions including those between holders of copyright and related rights , those holding any other rights relevant for the use of content in online content services and service providers , as well as between service providers and subscribers which are contrary to articles 3 and 4 shall be unenforceable . ### any contractual provisions which are contrary to this regulation , including those contained in contracts between holders of copyright and related rights , those holding any other rights relevant for access to , and the use of , content in online content services and providers of online content services , as well as those contained in contracts between such providers and their subscribers , shall be unenforceable .


### the processing of personal data carried out within the framework of this regulation including , in particular , for purposes of verification under article 5 , shall be carried out in compliance with directives 95 / 46 / ec and 2002 / 58 / ec . ### the processing of personal data within the framework of this regulation including , in particular , processing for the purposes of verification pursuant to article 3b , shall be carried out in compliance with directives 95 / 46 / ec and 2002 / 58 / ec .


### new technologies enable the automated computational analysis of information in digital form , such as text , sounds , images or data , generally known as text and data mining . those technologies allow researchers to process large amounts of information to gain new knowledge and discover new trends . whilst text and data mining technologies are prevalent across the digital economy , there is widespread acknowledgment that text and data mining can in particular benefit the research community and in so doing encourage innovation . however , in the union , research organisations such as universities and research institutes are confronted with legal uncertainty as to the extent to which they can perform text and data mining of content . in certain instances , text and data mining may involve acts protected by copyright and / or by the sui generis database right , notably the reproduction of works or other subject - matter and / or the extraction of contents from a database . where there is no exception or limitation which applies , an authorisation to undertake such acts would be required from rightholders . text and data mining may also be carried out in relation to mere facts or data which are not protected by copyright and in such instances no authorisation would be required . ### new technologies enable the automated computational analysis of information in digital form , such as text , sounds , images or any other type of data , generally known as text and data mining . those technologies allow the processing of large amounts of information to gain new knowledge and discover new trends . whilst text and data mining technologies are prevalent across the digital economy , there is widespread acknowledgment that text and data mining can in particular benefit the research community and in so doing encourage innovation . however , in the union , individuals , public and private entities who have legal access to content are confronted with legal uncertainty as to the extent to which they can perform text and data mining of content . in certain instances , text and data mining may involve acts protected by copyright and / or by the sui generis database right , notably the reproduction of works or other subject - matter and / or the extraction of contents from a database . where there is no exception or limitation which applies , an authorisation to undertake such acts would be required from rightholders . text and data mining may also be carried out in relation to mere facts or data which are not protected by copyright and in such instances no authorisation would be required . the right to read is the right to mine .


### union law already provides certain exceptions and limitations covering uses for scientific research purposes which may apply to acts of text and data mining . however , those exceptions and limitations are optional and not fully adapted to the use of technologies in scientific research . moreover , where researchers have lawful access to content , for example through subscriptions to publications or open access licences , the terms of the licences may exclude text and data mining . as research is increasingly carried out with the assistance of digital technology , there is a risk that the union ' s competitive position as a research area will suffer unless steps are taken to address the legal uncertainty for text and data mining . ### union law already provides certain exceptions and limitations covering uses for scientific research purposes which may apply to acts of text and data mining . however , those exceptions and limitations are optional and not fully adapted to the use of technologies in scientific research . moreover , where researchers have lawful access to content , for example through subscriptions to publications or open access licences , the terms of the licences may exclude text and data mining . as research and its open science agenda is increasingly carried out with the assistance of digital technology , there is a risk that the union ' s competitive position as a research area will suffer unless steps are taken to address the legal uncertainty for text and data mining .


### the exception or limitation should cover digital uses of works and other subject - matter such as the use of parts or extracts of works to support , enrich or complement the teaching , including the related learning activities . the use of the works or other subject - matter under the exception or limitation should be only in the context of teaching and learning activities carried out under the responsibility of educational establishments , including during examinations , and be limited to what is necessary for the purpose of such activities . the exception or limitation should cover both uses through digital means in the classroom and online uses through the educational establishment ' s secure electronic network , the access to which should be protected , notably by authentication procedures . the exception or limitation should be understood as covering the specific accessibility needs of persons with a disability in the context of illustration for teaching . ### the exception or limitation should cover digital uses of works and other subject - matter such as the use of small parts or extracts of works to support , enrich or complement the teaching , including the related learning activities . the notion of ' illustration for teaching ' is usually understood as allowing a teacher to use a work to give examples and to explain or support his / her course . the use of the works or other subject - matter under the exception or limitation should therefore be only in the context of teaching and learning activities carried out under the responsibility of educational establishments , including during examinations , and be limited to what is necessary for the purpose of such activities . the exception or limitation should cover both uses through digital means in the classroom and online uses through the educational establishment ' s secure electronic network , the access to which should be protected , notably by authentication procedures . the exception or limitation should be understood as covering the specific accessibility needs of persons with a disability in the context of illustration for teaching .


### over the last years , the functioning of the online content marketplace has gained in complexity . online services providing access to copyright protected content uploaded by their users without the involvement of right holders have flourished and have become main sources of access to content online . this affects rightholders ' possibilities to determine whether , and under which conditions , their work and other subject - matter are used as well as their possibilities to get an appropriate remuneration for it . ### over the years , online services providing access to content uploaded by their users without the involvement of rightholders have flourished and have become important sources of access to content online , allowing for diversity and ease of access to content but also generating challenges when copyright protected content is uploaded without prior authorisation from rightholders .


### over the last years , the functioning of the online content marketplace has gained in complexity . online services providing access to copyright protected content uploaded by their users without the involvement of right holders have flourished and have become main sources of access to content online . this affects rightholders ' possibilities to determine whether , and under which conditions , their work and other subject - matter are used as well as their possibilities to get an appropriate remuneration for it . ### over the years , online services enabling users to upload works and to make them accessible to the public have flourished and have become important sources of access to content online and of creativity . at the same time , when protected content is uploaded without prior authorisation from rightholders , they have generated challenges .


### member states shall encourage rightholders and research organisations to define commonly - agreed best practices concerning the application of the measures referred to in paragraph 3 . ### the commission , in cooperation with member states , shall encourage rightholders and research organisations to define commonly - agreed best practices concerning the application of the measures referred to in paragraph 3 .


### article 5 and the first , third and fifth subparagraphs of article 6 of directive 2001 / 29 / ec shall apply to the exceptions and the limitation provided for under this title . ### article 5 and the first , third , fourth and fifth subparagraphs of article 6 of directive 2001 / 29 / ec shall apply to the exceptions and limitations provided for under this title .


### member states shall ensure that information that allows the identification of the works or other subject - matter covered by a licence granted in accordance with article 7 and information about the possibility of rightholders to object referred to in article 7 are made publicly accessible in a single online portal for at least six months before the works or other subject - matter are digitised , distributed , communicated to the public or made available in member states other than the one where the licence is granted , and for the whole duration of the licence . ### member states shall ensure that information that allows the identification of the works or other subject - matter covered by a licence granted in accordance with article 7 and information about the possibility of rightholders to object referred to in article 7 are made publicly accessible in a single online portal for at least six months before the works or other subject - matter are distributed , communicated to the public or made available in member states other than the one where the licence is granted , and for the whole duration of the licence .


### the union shall make macro - financial assistance of a maximum amount of eur 200 million available to jordan , with a view to supporting jordan ' s economic stabilisation and a substantive reform agenda . the assistance shall contribute to covering jordan ' s balance of payments needs as identified in the imf programme . ### the union shall make macro - financial assistance of a maximum amount of eur 350 million available to jordan , with a view to supporting jordan ' s economic stabilisation and a substantive reform agenda . the assistance shall contribute to covering jordan ' s balance of payments needs as identified in the imf programme .


### it is appropriate to replace directive 2010 / 30 / eu by a regulation which maintains the same scope , but modifies and enhances some of its provisions in order to clarify and update their content . a regulation is the appropriate legal instrument as it imposes clear and detailed rules which do not give room for divergent transposition by member states and ensures thus a higher degree of harmonisation across the union . a harmonised regulatory framework at union rather than at member state level brings down costs for manufacturers and ensures a level playing field . harmonisation across the union ensures the free movement of goods across the single market . ### it is appropriate to replace directive 2010 / 30 / eu by a regulation which maintains the same scope , but modifies and enhances some of its provisions in order to clarify and update their content . a harmonised regulatory framework at union rather than at member state level brings down costs for manufacturers and ensures a level playing field . harmonisation across the union ensures the free movement of goods across the single market . as the energy consumption of means of transport for persons or goods is directly or indirectly regulated by other union legislation and policies , it is appropriate to continue to exempt them from the scope of this regulation . this exemption includes means of transport whose motor stays in the same location during operation , such as elevators , escalators and conveyor belts .


### it is appropriate to replace directive 2010 / 30 / eu by a regulation which maintains the same scope , but modifies and enhances some of its provisions in order to clarify and update their content . a regulation is the appropriate legal instrument as it imposes clear and detailed rules which do not give room for divergent transposition by member states and ensures thus a higher degree of harmonisation across the union . a harmonised regulatory framework at union rather than at member state level brings down costs for manufacturers and ensures a level playing field . harmonisation across the union ensures the free movement of goods across the single market . ### it is appropriate to replace directive 2010 / 30 / eu by a regulation which maintains mainly the same scope , but modifies and enhances some of its provisions in order to clarify and update their content . a regulation is the appropriate legal instrument as it imposes clear and detailed rules which do not give room for divergent transposition by member states and ensures thus a higher degree of harmonisation across the union . a harmonised regulatory framework at union rather than at member state level brings down costs for manufacturers and ensures a level playing field . harmonisation across the union ensures the free movement of goods across the single market .


### this regulation lays down a framework on the indication by labelling and standard product information of the consumption of energy and other resources by energy - related products during use and supplementary information concerning energy - related products in order to allow customers to choose more efficient products . ### this regulation lays down a framework on the indication by labelling and standard product information of the consumption of energy and other resources by energy - related products and cars during use and supplementary information concerning energy - related products and cars in order to allow customers to choose more efficient products .


### they shall ensure that products placed on the market are provided , free of charge , with accurate labels and product information sheets in accordance with this regulation and the relevant delegated acts ; ### they shall ensure that products placed on the market are provided , free of charge , with accurate labels and product information sheets for each unit in accordance with this regulation and the relevant delegated acts . for the product groups where the product consists of several parts / components , and the energy efficiency class of the product is function of such combination , suppliers shall make the accurate labels available , free of charge , to dealers at the moment of display ;


### they shall , prior to placing a product model on the market , enter into the product database established in accordance with article 8 the information detailed in annex i . ### they shall , prior to placing a product model on the market , enter into the product database established in accordance with article 8 the information detailed in annex i . products already placed on the market and integrated products should not be entered into the product database .


### where member states provide any incentives for an energy - related product covered by this regulation and specified in a delegated act , these shall aim at the highest class of energy efficiency laid down in the applicable delegated act . ### where member states provide any incentives for an energy - related product covered by this regulation and specified in a delegated act , these shall aim at least at the highest occupied classes of energy efficiency laid down in the applicable delegated act .


### member states shall lay down the rules on penalties and enforcement mechanisms applicable to infringements of the provisions of this regulation and its delegated acts , and shall take all measures necessary to ensure that they are implemented . the penalties must be effective , proportionate and dissuasive . member states shall notify those provisions to the commission by the date of application of this regulation and shall notify without delay any subsequent amendment affecting them . ### member states shall lay down the rules on penalties and enforcement mechanisms applicable to infringements of the provisions of this regulation and its delegated acts , and shall take all measures necessary to ensure that they are implemented . the penalties must be effective , proportionate and dissuasive and compensate for the economic advantage of incompliance . member states shall notify those provisions to the commission by the date of application of this regulation and shall notify without delay any subsequent amendment affecting them .


### where the market surveillance authorities consider that non - compliance is not restricted to their national territory , they shall inform the commission and the other member states of the results of the evaluation and of the actions which they have required the supplier to take . ### the market surveillance authorities shall inform the commission of the results of the evaluation and of the actions which they have required the supplier to take and upload the information in the product database .


### where , on completion of the procedure set out in paragraphs 4 and 5 , objections are raised against a measure taken by a member state , or where the commission considers a national measure to be contrary to union legislation , the commission shall without delay enter into consultation with the member states and the supplier and shall evaluate the national measure . on the basis of the results of that evaluation , the commission shall decide whether the national measure is justified or not . ### where , on completion of the procedure set out in paragraphs 4 and 5 , objections are raised against a measure taken by a member state , or where the commission considers a national measure to be contrary to union legislation , the commission shall without delay evaluate the national measure . on the basis of the results of that evaluation , the commission shall decide whether the national measure is justified or not , and may decide on an appropriate alternative measure .


### dealers shall replace the existing labels on products on display including on the internet with the rescaled labels within one week following the date specified for that purpose in the relevant delegated act . dealers shall not display the rescaled labels before that date . ### dealers may continue to sell products already placed on the market with the existing label .


### in order to further enhance the existing cross - border merger procedure , it is necessary to simplify those merger rules , where appropriate , whilst at the same time ensuring that stakeholders , and in particular employees , are adequately protected . therefore , the existing cross - border merger rules should be modified in order to oblige the management or administrative organs of the merging companies to prepare separate reports detailing the legal and economic aspects of the cross - border merger for both members and for employees . the obligation on the management or administrative organ of the company to prepare the report for the members may however be waived , where those members are already informed about legal and economic aspects of the proposed merger . however , the report prepared for employees may only be waived where the merging companies and their subsidiaries do not have any employees other than those who form part of the management or administrative organ . ### in order to further enhance the existing cross - border merger procedure , it is necessary to simplify those merger rules , where appropriate , whilst at the same time ensuring that shareholders , creditors and in particular employees , are adequately protected . therefore , the existing cross - border merger rules should be modified in order to oblige the management or administrative organs of the merging companies to prepare a detailed report on the legal and economic aspects of the cross - border merger for both members , especially minority shareholders , and for employees in full respect of the autonomy of the social partners . the obligation on the management or administrative organ of the company to provide certain specific information for the members may however be waived , where those members are already informed about legal and economic aspects of the proposed merger . however , the requirement to provide certain specific information related to employees may only be waived where the merging companies and their subsidiaries do not have any employees other than those who form part of the management or administrative organ .


### furthermore , in order to enhance the protection afforded to the employees of the merging company or companies , employees or their representatives may provide their opinion on the company report setting out the implications of the cross - border merger for them . the provision of the report should be without prejudice to the applicable information and consultation proceedings instituted at national level following the implementation of council directive 2001 / 23 / ec48 , directive 2002 / 14 / ec or directive 2009 / 38 / ec . _________________ 48 council directive 2001 / 23 / ec of 12 march 2001 on the approximation of the laws of the member states relating to the safeguarding of employees ' rights in the event of transfers of undertakings , businesses or parts of undertakings or businesses . ### furthermore , in order to enhance the protection afforded to the employees of the merging company or companies , employees or their representatives may provide their opinion on the implications of the cross - border merger for them . the provision should be without prejudice to the applicable information and consultation proceedings instituted at national level following the implementation of council directive 2001 / 23 / ec48 , directive 2002 / 14 / ec or directive 2009 / 38 / ec . _________________ 48 council directive 2001 / 23 / ec of 12 march 2001 on the approximation of the laws of the member states relating to the safeguarding of employees ' rights in the event of transfers of undertakings , businesses or parts of undertakings or businesses .


### where appropriate , information on the procedures by which arrangements for the involvement of employees in the definition of their rights to participation in the recipient companies are determined pursuant to article160n and on the possible options for such arrangements ; ### where they exist , information on the procedures by which arrangements for the involvement of employees in the definition of their rights to participation in the recipient companies are determined pursuant to article160n and on the possible options for such arrangements ;


### the competent authority shall appoint an independent expert within five working days of the application referred to in paragraph 1 and the receipt of the draft terms and reports . the expert shall be independent from the company being divided and may be a natural or a legal person depending upon the law of the member state concerned . member states shall take into account , in assessing the independence of the expert , the framework established in articles 22 and 22b of directive 2006 / 43 / ec . ### if the competent authority has recourse to an independent expert , that expert shall be independent from the company being divided and may be a natural or a legal person depending upon the law of the member state concerned . member states shall take into account , in assessing the independence of the expert , the framework established in articles 22 and 22b of directive 2006 / 43 / ec


### member states shall ensure that a company being divided makes an offer of adequate cash compensation in the draft terms of the cross - border division as specified in article 160e to the members , referred to in paragraph 1 of this article , who wish to exercise their right to dispose of their shareholdings . member states shall also establish the period for the acceptance of the offer which shall not in any event exceed one month after the general meeting referred to in article 160k . member states shall further ensure that a company is able to accept an offer communicated electronically to an address provided by the company for that purpose . ### member states shall ensure that a company being divided makes an offer of adequate cash compensation in the draft terms of the cross - border division as specified in article 160e to the members , referred to in paragraph 1 of this article , who wish to exercise their right to dispose of their shareholdings . without prejudice to the exercise of the exit right , members shall communicate their intention to make use of it before the general meeting . member states shall also establish the period for the acceptance of the offer which shall not in any event exceed one month after the general meeting referred to in article 160k . member states shall further ensure that a company is able to accept an offer communicated electronically to an address provided by the company for that purpose .


### member states shall ensure that a company being divided makes an offer of adequate cash compensation in the draft terms of the cross - border division as specified in article 160e to the members , referred to in paragraph 1 of this article , who wish to exercise their right to dispose of their shareholdings . member states shall also establish the period for the acceptance of the offer which shall not in any event exceed one month after the general meeting referred to in article 160k . member states shall further ensure that a company is able to accept an offer communicated electronically to an address provided by the company for that purpose . ### member states shall ensure that a company being divided makes an offer of appropriate cash compensation in the draft terms of the cross - border division as specified in article 160e to the members , referred to in paragraph 1 of this article , who wish to exercise their right to dispose of their shareholdings . member states shall also establish the period for the acceptance of the offer which shall not in any event exceed one month after the general meeting referred to in article 160k . member states shall further ensure that a company is able to accept an offer communicated electronically to an address provided by the company for that purpose .


### article 86e report of the management or administrative organ to the members ### article 86e report of the management or administrative organ to the members and to the employees


### article 124 report of the management or administrative organ to the members ### article 124 report of the management or administrative organ to the members and to the employees


### member states shall ensure that each of the merging companies makes an offer of adequate cash compensation in the common draft terms of the cross - border merger , as specified in article 122 , to those members referred to in paragraph 1 of this article who wish to exercise their right to dispose of their shareholdings . member states shall also establish the period for the acceptance of the offer , which shall not in any event exceed one month after the general meeting referred to in article 126 or , in cases where the approval of the general meeting is not required , within two months after the disclosure of the common draft terms of merger referred to in article 123 . member states shall further ensure that the merging companies are able to accept an offer communicated electronically to an address provided by those companies for that purpose . ### member states shall ensure that each of the merging companies makes an offer of appropriate cash compensation in the common draft terms of the cross - border merger , as specified in article 122 , to those members referred to in paragraph 1 of this article who wish to exercise their right to dispose of their shareholdings . the members shall express their intention of invoking their exit right before the general meeting or , in cases where the approval of the general meeting is not required , within one month after the disclosure of the common draft terms of merger referred to in article 123 . member states shall further ensure that the merging companies are able to accept an offer communicated electronically to an address provided by those companies for that purpose .


### the management or administrative organ of the company being divided shall draw up the draft terms of cross - border division . the draft terms of cross - border division shall include at least the following : ### the management or administrative organ , including employee board level representatives , of the company being divided shall draw up the draft terms of cross - border division not less than two months before the date of the general meeting referred to in article 160k . the draft terms of cross - border division shall include at least the following :


### work - life balance remains however a considerable challenge for many parents and workers with caring responsibilities , with a negative impact on female employment . a major factor contributing to the underrepresentation of women in the labour market is the difficulty of balancing work and family obligations . when they have children , women tend to work less hours in paid employment and spend more time fulfilling unpaid care responsibilities . having an ill or dependent relative has also been shown to have a negative impact on female employment , leading some women to drop out of the labour market entirely . ### work - life balance remains however a considerable challenge for many parents and employees with caring responsibilities , with a negative impact on female employment . a major factor contributing to the underrepresentation of women in the labour market is the difficulty of balancing work and family obligations . when they have children , elderly dependents or immediate relatives with incapacitating chronic diseases , women are often obliged to work less hours in paid employment and spend more time fulfilling unpaid care responsibilities , leading some women to drop out of the labour market entirely .


### in order to encourage a more equal sharing of caring responsibilities between women and men , the right to paternity leave for fathers to be taken on the occasion of the birth of a child should be introduced . in order to take account of differences among member states , the right to paternity leave should be irrespective of marital or family status as defined in national law . ### in order to encourage a more equal sharing of caring responsibilities between women and men , the right to paternity leave for fathers to be taken on the occasion of the birth or adoption of a child should be introduced . taking account of differences among member states , the right to paternity leave should not depend on marital or family status as defined in national law .


### as the majority of fathers do not avail themselves of their right to parental leave or transfer a considerable proportion of their leave entitlement to mothers , in order to encourage the second parent to take parental leave , this directive , while maintaining the right of each parent to at least four months of parental leave currently provided for by directive 2010 / 18 / eu , extends from one to four months the period of parental leave which cannot be transferred from one parent to the other . ### as the majority of fathers do not avail themselves of their right to parental leave or transfer a considerable proportion of their leave entitlement to mothers , in order to foster a close early relationship with the child and encourage the second parent to take parental leave , this directive , while maintaining the right of each parent to at least four months of parental leave currently provided for by directive 2010 / 18 / eu , extends from one to four months the period of parental leave which cannot be transferred from one parent to the other .


### in order to provide greater possibility for parents to use parental leave as their children grow up , the right to parental leave should be granted until the child is at least twelve years old . member states should be able to specify the period of notice to be given by the worker to the employer when applying for parental leave and to decide whether the right to parental leave may be subject to a certain period of service . in view of the growing diversity of contractual arrangements , the sum of successive fixed - term contracts with the same employer should be taken into account for the purpose of calculating the period of service . to balance the needs of workers with those of employers , member states should also be able to decide whether they define if the employer may be allowed to postpone the granting of parental leave under certain circumstances . in such cases , the employer should provide justification for the postponement . given that flexibility makes it more likely that second parents , in particular fathers , will take up their entitlement to such leave , workers should be able to request to take parental leave on a full - time or part - time basis or in other flexible forms . it should be up to the employer whether or not to accept such a request for parental leave in other flexible forms than full - time . member states should also assess if the conditions and detailed arrangements of parental leave should be adapted to the specific needs of parents in particularly disadvantaged situations . ### in order to provide greater possibility for parents to use parental leave as their children grow up , the right to parental leave should be granted until the child is at least thirteen years old . member states should be able to specify the period of notice to be given by the employee to the employer when applying for parental leave and to decide whether the right to parental leave may be subject to a certain period of service . in view of the growing diversity of contractual arrangements , the sum of successive fixed - term contracts with the same employer should be taken into account for the purpose of calculating the period of service . to balance the needs of employees with those of employers , member states should also be able to decide whether they define if the employer may be allowed to postpone the granting of parental leave under certain circumstances , but in these cases , the employer should provide written justification for the postponement . given that flexibility makes it more likely that second parents , in particular fathers , will take up their entitlement to such leave , employees should be able to request to take parental leave on a full - time or part - time basis or in other flexible forms . it should be up to the employer whether or not to accept such a request for parental leave in other flexible forms than full - time . member states should also assess if the conditions and detailed arrangements of parental leave should be adapted to the specific needs of parents in particularly disadvantaged situations .


### in order to facilitate the return to work following parental leave , workers and employers should be encouraged to maintain contact during the period of leave and may make arrangements for any appropriate reintegration measures , to be decided between the parties concerned , taking into account national law , collective agreements and practice ### in order to facilitate the return to work following parental leave , employees and employers should be encouraged to maintain contact during the period of leave , so as to make arrangements for any appropriate reintegration measures , to be decided between the parties concerned , taking into account national law , collective agreements and practice .