### points 5 to 8 of article 1 shall apply from 1 january 2018 [ in time for the working timetable starting on 14 december 2019 ] . ### points 5 to 8 of article 1 shall apply from 1 january 2017 [ in time for the working timetable starting on 14 december 2018 ] . the provisions of this directive shall not require a member state to grant , before that date , the right of access referred to in article 10 of this directive to railway undertakings and their directly or indirectly controlled subsidiaries , licensed in a member state where access rights of a similar nature are not granted . for the purposes of this paragraph , control shall be constituted by rights , contracts or any other means which , either separately or in combination and having regard to the considerations of fact or law involved , confer the possibility of exercising decisive influence on an undertaking , in particular by : ownership or the right to use all or part of the assets of an undertaking ; rights or contracts which confer decisive influence on the composition , voting or decisions of the organs of an undertaking .


### directive 2012 / 34 / eu requires the commission to propose , if appropriate , legislative measures in relation of the opening of the market for domestic passenger transport services by rail and to develop appropriate conditions to ensure non - discriminatory access to infrastructure , building on the existing separation requirements between infrastructure management and transport operations . ### directive 2012 / 34 / eu requires the commission to propose , if appropriate , legislative measures in relation of the opening of the market for domestic passenger transport services by rail and to develop appropriate conditions to ensure most cost efficient non - discriminatory access to infrastructure including incumbent - owned sales infrastructure , building on the existing separation requirements between infrastructure management and transport operations .


### by the same date , the commission shall assess whether discriminatory practices or other types of distortion of competition persist in relation to infrastructure managers which are part of a vertically integrated undertaking . the commission shall , if appropriate , propose new legislative measures . ### by the same date , the european regulatory body shall assess whether discriminatory practices or other types of distortion of competition persist and shall publish recommendations for further policy measures . the commission shall , if appropriate , propose new legislative measures based on the recommendations of the network of regulatory bodies .


### for the purposes of this directive , cinematographic , audio and audiovisual works in the archives of public service broadcasting organisations should be understood as including works commissioned by such organisations for their exclusive exploitation . ### for the purposes of this directive , sound recordings and cinematographic and audiovisual works in the archives of broadcasting organisations should be understood as including works commissioned by such organisations for their exploitation .


### a diligent search is required to be carried out only in the member state of first publication or broadcast . ### a diligent search is required to be carried out only in the member state in whose territory the work was first published or broadcast . it shall be carried out in good faith and in a reasonable scope prior to the use of the work .


### this directive applies to works first published or broadcast in a member state and which are : ### this directive applies to works subject to copyright in the collections of organisations referred to in article 1 and first published or broadcast in the territory of a member state , which are :


### the exclusive rights for authors of reproduction and of making available to the public of their works , as harmonised under directive 2001 / 29 / ec of the european parliament and council of 22 may 2001 on the harmonisation of certain aspects of copyright and related rights in the information society , require the consent of the author prior to the digitisation and making available of a work . ### the exclusive rights for rightholders of reproduction and of making available to the public of their works , as harmonised under directive 2001 / 29 / ec of the european parliament and council of 22 may 2001 on the harmonisation of certain aspects of copyright and related rights in the information society , require the consent of the author prior to the digitisation and making available of a work .


### it is appropriate to provide for a harmonised approach concerning such diligent search in order to ensure a high level of protection of copyright in the union . a diligent search should involve the consultation of publicly accessible databases that supply information on the copyright status of a work . moreover , in order to avoid duplication of costly digitisation , member states should ensure that use of orphan works by the organisations referred to in this directive is recorded in a publicly accessible database . to the extent possible , publicly accessible databases of search results and use of orphan works should be designed and implemented so as to permit interlinkage with each other on a pan - european level and consultation thereof through a single entry point . ### it is appropriate to provide for a harmonised approach concerning such diligent search in order to ensure a high level of protection of copyright in the union . a diligent search should involve the consultation of publicly accessible databases that supply information on the copyright status of a work . in order to avoid duplication of search efforts , a diligent search should be conducted only in the member state where the work was first published or broadcast . moreover , in order to avoid duplication of costly digitisation and ascertain whether a work has been granted orphan status in another member state , member states should ensure that the results of the diligent search on their territory and use of orphan works by the organisations referred to in this directive are recorded in a publicly accessible database . to the extent possible , free , publicly accessible databases of search results and use of orphan works should be designed and implemented so as to permit interlinkage with each other and interoperability on a pan - european level and consultation thereof through a single entry point .


### a work shall be considered an orphan work if the rightholder in the work is not identified or , even if identified , is not located after a diligent search for the rightholder has been carried out and recorded in accordance with article 3 . ### a work or a sound recording shall be considered orphan if the rightholder in the work is not identified or , even if identified , is not located after a diligent search for the rightholder has been carried out and recorded in accordance with article 3 .


### member states shall ensure that a rightholder in a work considered to be orphan has , at any time , the possibility of putting an end to the orphan status . ### member states shall ensure that a rightholder in a work considered to be orphan has , at any time , the real possibility of putting an end to the orphan status in a speedy , uniform and cost - effective manner , in the member state of his choice .


### for the purposes of this directive , cinematographic , audio and audiovisual works in the archives of public service broadcasting organisations should be understood as including works commissioned by such organisations for their exclusive exploitation . ### for the purposes of this directive , cinematographic , audio and audiovisual works in the archives of broadcasting organisations should be understood as including works commissioned by such organisations for their exclusive exploitation .


### the exclusive rights for authors of reproduction and of making available to the public of their works , as harmonised under directive 2001 / 29 / ec of the european parliament and council of 22 may 2001 on the harmonisation of certain aspects of copyright and related rights in the information society , require the consent of the author prior to the digitisation and making available of a work . ### the exclusive rights for rightholders of reproduction and of communication to the public of their works , including making them available , as harmonised under directive 2001 / 29 / ec of the european parliament and council of 22 may 2001 on the harmonisation of certain aspects of copyright and related rights in the information society , require the consent of rightholders prior to digitisation and communication of works to the public , including making them available on demand .


### adequate and effective implementation and enforcement are key elements in protecting the rights of posted workers , whereas poor enforcement undermines the effectiveness of the union rules applicable in this area . close cooperation between the commission and the member states is therefore essential , without neglecting the important role of labour inspectorates and the social partners in this respect . ### adequate and effective implementation and enforcement are key elements in protecting the rights of posted workers , whereas poor enforcement undermines the effectiveness of the union rules applicable in this area . it is therefore essential to establish and maintain close cooperation between member states , the commission , and relevant national , regional , and local actors including labour inspectorates and the social partners in this respect .


### member states obligations to make information on terms and conditions of employment generally available and to provide effective access to it , not only to service providers from other member states , but also to the posted workers concerned , should be further concretised . ### member states must inform the commission of how they intend to make information on terms and conditions of employment generally available and accessible to posted workers and service providers from other member states .


### in order to facilitate better and more uniform application of directive 96 / 71 / ec , it is appropriate to provide for an electronic information exchange system to facilitate administrative cooperation and competent authorities should use the internal market information system as much as possible . however , this should not prevent the application of bilateral agreements or arrangements concerning administrative cooperation . ### in order to facilitate better and more uniform application of directive 96 / 71 / ec , it is appropriate to provide for an electronic information exchange system to facilitate administrative cooperation and competent authorities should use the internal market information system as much as possible . however , this does not prevent the application of bilateral agreements or arrangements concerning administrative cooperation .


### the cooperation of the member states shall in particular consist in replying to reasoned requests for information and to carry out checks , inspections and investigations from competent authorities with respect to the situations of posting referred to in article 1 of directive 96 / 71 / ec , including investigation of any abuses of applicable rules on the posting of workers or possible cases of unlawful transnational activities . ### the cooperation of the member states shall in particular consist of responding in a swift and effective manner to reasoned requests for information and to carry out checks , inspections and investigations by their competent authorities with respect to the situations of posting referred to in article 1 of directive 96 / 71 / ec , including investigation of any abuses of applicable rules on the posting of workers or possible cases of unlawful transnational activities and initiating appropriate actions in line with national laws and practices .


### member states should be allowed to use part of their national ceilings for direct payments for coupled support in certain sectors in clearly defined cases . the resources that may be used for any coupled support should be limited to an appropriate level , while allowing such support to be granted in member states or in their specific regions facing particular situations where specific types of farming or specific agricultural sectors are particularly important for economic , environmental and / or social reasons . member states should be allowed to use up to 5 % of their national ceilings for this support , or 10 % in case their level of coupled support in at least one of the years of the period 2010 - 2013 exceeded 5 % . however , in duly justified cases where certain sensitive needs in a region are demonstrated , and upon approval by the commission , member states should be allowed to use more than 10 % of their national ceiling . coupled support should only be granted to the extent necessary to create an incentive to maintain current levels of production in those regions . this support should also be available to farmers holding , on 31 december 2013 , special payment entitlements allocated under regulation no 1782 / 2003 and regulation no 73 / 2009 and who do not have eligible hectares for the activation of payment entitlements . as regards the approval of voluntary coupled support exceeding 10 % of the annual national ceiling fixed per member state , the commission should further be empowered to adopt implementing acts without applying regulation no 182 / 2011 . ### member states should be allowed until the end of 2016 to use part of their national ceilings for direct payments for coupled support in certain sectors in clearly defined cases . the resources that may be used for any coupled support should be limited to an appropriate level , while allowing such support to be granted in member states or in their specific regions facing particular situations where specific types of farming or specific agricultural sectors are particularly important for economic , environmental and / or social reasons . member states should be allowed to use up to 5 % of their national ceilings for this support , or 10 % in case their level of coupled support in at least one of the years of the period 2010 - 2013 exceeded 5 % . however , in duly justified cases where certain sensitive needs in a region are demonstrated , and upon approval by the commission , member states should be allowed to use more than 10 % of their national ceiling . coupled support should only be granted to the extent necessary to create an incentive to maintain current levels of production in those regions . this support should also be available to farmers holding , on 31 december 2013 , special payment entitlements allocated under regulation no 1782 / 2003 and regulation no 73 / 2009 and who do not have eligible hectares for the activation of payment entitlements . as regards the approval of voluntary coupled support exceeding 10 % of the annual national ceiling fixed per member state , the commission should further be empowered to adopt implementing acts without applying regulation no 182 / 2011 .


### the fight against racism and xenophobia and discrimination based on any ground , including sex , race , colour , ethnic or social origin , genetic features , language , religion or belief , political or any other opinion , membership of a national minority , property , birth , disability , age or sexual orientation ; ### the fight against racism and xenophobia and discrimination based on any ground , including sex , race , colour , caste , ethnic or social origin , genetic features , language , religion or belief , political or any other opinion , membership of a national minority , property , birth , disability , age or sexual orientation ;


### education , training and monitoring in the area of human rights and democracy , and in the area covered by point ; ### education , training and monitoring in the area of human rights and democracy ;


### the fight against racism and xenophobia and discrimination based on any ground , including sex , race , colour , ethnic or social origin , genetic features , language , religion or belief , political or any other opinion , membership of a national minority , property , birth , disability , age or sexual orientation ; ### the fight against racism and xenophobia and discrimination based on any ground , including sex , race , colour , ethnic or social origin , genetic features , language , religion or belief , political or any other opinion , membership of a national minority , property , birth , disability , age or sexual orientation or gender identity ;


### the rights of indigenous peoples and the rights of persons belonging to minorities and ethnic groups ; ### the rights of indigenous peoples , the rights of persons affected by caste - based discrimination and the rights of persons belonging to minorities and ethnic groups ;


### furthermore , whilst democracy and human rights objectives must be increasingly mainstreamed in all external assistance financing instruments , union assistance under this regulation will have a specific complementary and additional role by virtue of its global nature and its independence of action from the consent of third country governments and other public authorities . this will allow for cooperation with civil society on sensitive human rights and democracy issues possible , providing the flexibility to respond to changing circumstances . it should also provide union capacity to articulate and support specific objectives and measures at international level which are neither geographically linked nor crisis related and which may require a transnational approach or involve operations both within the union and in a range of third countries . moreover , it will provide the necessary framework for operations , such as support for independent european union election observation missions requiring policy coherence , a unified management system and common operating standards . ### furthermore , whilst democracy and human rights objectives must be increasingly mainstreamed in all external assistance financing instruments , union assistance under this regulation will have a specific complementary and additional role by virtue of its global nature and its independence of action from the consent of third country governments and other public authorities . this will allow for cooperation with civil society on sensitive human rights and democracy issues , providing the flexibility to respond to changing circumstances . it should also provide union capacity to articulate and support specific objectives and measures at international level which are neither geographically linked nor crisis related and which may require a transnational approach or involve operations both within the union and in a range of third countries . moreover , it will provide the necessary framework for operations , such as support for independent european union election observation missions requiring policy coherence , a unified management system and common operating standards .


### furthermore , whilst democracy and human rights objectives must be increasingly mainstreamed in all external assistance financing instruments , union assistance under this regulation will have a specific complementary and additional role by virtue of its global nature and its independence of action from the consent of third country governments and other public authorities . this will allow for cooperation with civil society on sensitive human rights and democracy issues possible , providing the flexibility to respond to changing circumstances . it should also provide union capacity to articulate and support specific objectives and measures at international level which are neither geographically linked nor crisis related and which may require a transnational approach or involve operations both within the union and in a range of third countries . moreover , it will provide the necessary framework for operations , such as support for independent european union election observation missions requiring policy coherence , a unified management system and common operating standards . ### furthermore , whilst democracy and human rights objectives must be increasingly mainstreamed in all external assistance financing instruments , union assistance under this regulation will have a specific complementary and additional role by virtue of its global nature and its independence of action from the consent of third country governments and other public authorities . this will allow for cooperation and partnership with civil society on sensitive human rights and democracy issues possible , providing the flexibility to respond to changing circumstances . if other instruments do not apply , it may also provide union capacity to articulate and support specific objectives and measures at international level which are neither geographically linked nor crisis related and which may require a transnational approach or involve operations both within the union and in a range of third countries . moreover , it will provide the necessary framework for operations , such as support for independent european union election observation missions requiring policy coherence , a unified management system and common operating standards .


### the task of building and sustaining a culture of human rights and making democracy work for citizens , though especially urgent and difficult in emerging democracies , is essentially a continuous challenge , belonging first and foremost to the people of the country concerned but without diminishing the commitment of the international community . it also requires a range of institutions , in particular national democratic parliaments that should ensure participation , representation , responsiveness and accountability . ### the task of building and sustaining a culture of human rights and making democracy work for citizens , though especially urgent and difficult in emerging democracies , is essentially a continuous challenge , belonging first and foremost to the people of the country concerned but without diminishing the commitment of the international community . this approach should favour local ownership and a bottom - up approach , where people try to address their needs themselves , proposing solutions and working together through civil society organisations . it also requires a range of institutions , in particular national democratic parliaments that should ensure participation , representation , responsiveness and accountability .


### revenue of the agency referred to in article 96 of regulation no 1907 / 2006 shall not be used for carrying out tasks under this regulation . revenue of the agency referred to in paragraph 1 of this article shall not be used for carrying out tasks under regulation no 1907 / 2006 . ### in article 78 , the second subparagraph shall be replaced by the following : ' revenue of the agency referred to in article 96 of regulation no 1907 / 2006 shall not be used for carrying out tasks under this regulation , unless it is for a joint purpose . revenue of the agency referred to in paragraph 1 of this article shall not be used for carrying out tasks under regulation no 1907 / 2006 , unless it is for a joint purpose . '


### the erdf shall support , within operational programmes , sustainable urban development through strategies setting out integrated actions to tackle the economic , environmental , climate and social challenges affecting urban areas . ### the erdf shall support , within operational programmes , sustainable urban and other territorial development through strategies setting out integrated actions to tackle the economic , environmental , climate , demographic and social challenges affecting urban and other territorial areas .


### at least 20% of the total erdf resources at national level shall be allocated to the thematic objective set out in point 4 of article 9 of regulation no [ … ] / 2012 [ cpr ] ; ### at least 22% of the total erdf resources at national level shall be allocated to the thematic objective set out in point 4 of article 9 of regulation no [ … ] / 2012 [ cpr ] ;


### development of business incubators and investment support for self - employment and business creation ; ### support for the development of business incubators and investment support for self - employment and business creation as well as productive investments in small and medium - sized enterprises ;


### the erdf shall support , within operational programmes , sustainable urban development through strategies setting out integrated actions to tackle the economic , environmental , climate and social challenges affecting urban areas . ### the erdf shall support , within operational programmes , sustainable urban development through strategies setting out integrated actions to tackle the economic , environmental , climate , demographic and social challenges affecting urban areas , taking into account the need to promote urban - rural linkages . 1a . sustainable urban development shall be undertaken through integrated territorial investments referred to in ex - article 99 of regulation no [ . . . ] / 2013 [ cpr ] or through a specific operational programme , or a specific priority axis in accordance with article 87 of regulation no [ . . . ] / 2013 [ cpr ] .


### supporting the shift towards a low - carbon economy in all sectors : ### supporting the shift towards a low - carbon economy and increased resource efficiency in all sectors :


### investing in education , skills and lifelong learning by developing education and training infrastructure ; ### investing in education , skills , lifelong learning and culture by developing education and training infrastructure and promoting cultural heritage ;


### article 3 scope of support from the erdf the erdf shall support : productive investment , which contributes to creating and safeguarding sustainable jobs , through direct aid to investment in small and medium - sized enterprises ; investments in infrastructure providing basic services to citizens in the areas of energy , environment , transport , and information and communication technologies ; investments in social , health and educational infrastructure ; development of endogenous potential by supporting regional and local development and research and innovation . these measures shall include : fixed investment in equipment and small - scale infrastructure ; support for and services to enterprises , in particular smes ; support to public research and innovation bodies and investment in technology and applied research in enterprises ; networking , cooperation and exchange of experience between regions , towns , and relevant social , economic and environmental actors ; technical assistance . in more developed regions , the erdf shall not support investments in infrastructure providing basic services to citizens in the areas of environment , transport , and ict . ### article 3 scope of support the erdf shall support the following activities in order to contribute to the investment priorities set out in article 5 : productive investment , which contributes to creating and safeguarding sustainable jobs , through direct aid to investment in small and medium - sized enterprises ; productive investment , irrespective of the size of the enterprise , contributing to the investment priorities set out in article 5 . 1 and 5 . 4 , and , where it involves cooperation between large enterprises and smes , 5 . 2 ; investments in infrastructure providing basic services to citizens in the areas of energy , environment , transport , and information and communication technologies ; investments in business , social , health , research , innovation and educational infrastructure ; investment in the development of endogenous potential through fixed investment in equipment and small - scale infrastructure ; including small - scale cultural and sustainable tourism infrastructure , services to enterprises , support to research and innovation bodies and investment in technology and applied research in enterprises ; networking , cooperation and exchange of experience between competent regional , local , urban and other public authorities , economic and social partners , and bodies representing civil society referred to in article 5 of the cpr , studies , preparatory actions and capacity building .


### protecting the environment and promoting resource efficiency : addressing the significant needs for investment in the waste sector to meet the requirements of the environmental acquis ; addressing the significant needs for investment in the water sector to meet the requirements of the environmental acquis ; protecting , promoting and developing cultural heritage ; protecting biodiversity , soil protection and promoting ecosystem services including natura 2000 and green infrastructures ; action to improve the urban environment , including regeneration of brownfield sites and reduction of air pollution ; ### preserving and protecting the environment and promoting resource efficiency through : investing in the waste sector to meet the requirements of the union ' s environmental acquis and to address needs , identified by member states , for investment going beyond those requirements ; investing in the water sector to meet the requirements of the union ' s environmental acquis and to address needs , identified by member states , for investment going beyond those requirements ; conserving , protecting , promoting and developing natural and cultural heritage ; protecting and restoring biodiversity , soil protection and restoration and promoting ecosystem services including natura 2000 and green infrastructures ; action to improve the urban environment , revitalisation of cities , regeneration and decontamination of brownfield sites , reduction of air pollution and promotion of noise - reduction measures ; promoting innovative technologies to improve environmental protection and resource efficiency in the waste sector , water sector , soil protection or to reduce air pollution ; supporting industrial transition towards a resource - efficient economy , promoting green growth , eco - innovation and environmental performance management in the public and private sectors ;


### each member state shall establish in its partnership contract a list of cities where integrated actions for sustainable urban development are to be implemented and an indicative annual allocation for these actions at national level . at least 5% of the erdf resources allocated at national level shall be allocated to integrated actions for sustainable urban development delegated to cities for management through integrated territorial investments referred to in article 99 of regulation no [ … ] / 2012 [ cpr ] . ### taking into account its specific territorial situation , each member state shall establish in its partnership agreement the principles for the selection of urban areas where integrated actions for sustainable urban development are to be implemented and an indicative annual allocation for these actions at national level . 2a . at least 5% of the erdf resources allocated at national level under the investment for growth and jobs goal shall be allocated to integrated actions for sustainable urban development where cities , sub - regional or local bodies responsible for implementing sustainable urban strategies shall be responsible for tasks relating at least to the selection of operations in accordance with article 113 of regulation no [ … ] / 2013 [ cpr ] , or , where appropriate , in accordance with article 113 of that regulation . the indicative amount to be dedicated for the purposes of paragraph shall be set out in the operational programme or operational programmes concerned . 2b . the managing authority shall decide , in consultation with the urban authority , the scope of tasks concerning the management of integrated actions for sustainable urban development which urban authorities shall undertake . the decision of the managing authority shall be formally recorded in writing . the managing authority may retain the right to undertake a final verification of eligibility of operations before approval .


### as soon as scientific evidence is available and taking into account the precautionary principle , the prohibition of other hazardous substances and their substitution by more environmentally friendly alternatives which ensure at least the same level of protection of consumers should be examined , paying attention to coherency with other community legislation , and in particular to regulation no 1907 / 2006 of the european parliament and of the council of 18 december 2006 concerning the registration , evaluation , authorisation and restriction of chemicals . specific account should be taken of the potential impact on smes . ### as soon as scientific evidence is available , and taking into account the precautionary principle , the prohibition of other hazardous substances and their substitution by more environmentally friendly alternative substances or technologies which ensure at least the same level of protection of consumers should be examined . to this end , the commission should study the negative impacts of other hazardous substances and the feasibility of their substitution , in particular at the end of life of electrical and electronic equipment , with a view to making legislative proposals to strengthen the provisions of this directive on a regular basis . this examination should include a full impact assessment with consultation of relevant stakeholders as detailed in article 4 . the examination should also pay attention to coherency with other community legislation and maximise synergies with the work carried out under regulation no 1907 / 2006 of the european parliament and of the council of 18 december 2006 concerning the registration , evaluation , authorisation and restriction of chemicals 1 specific account should be taken of the potential impact on smes .


### as soon as scientific evidence is available and taking into account the precautionary principle , the prohibition of other hazardous substances and their substitution by more environmentally friendly alternatives which ensure at least the same level of protection of consumers should be examined , paying attention to coherency with other community legislation , and in particular to regulation no 1907 / 2006 of the european parliament and of the council of 18 december 2006 concerning the registration , evaluation , authorisation and restriction of chemicals . specific account should be taken of the potential impact on smes . ### as soon as scientific evidence is available , and in any case on a regular basis , taking into account the precautionary principle , the prohibition of other hazardous substances and their substitution by more environmentally friendly alternative substances or technologies which ensure at least the same level of protection of consumers should be examined . to this end , the commission should study the negative impacts of other hazardous substances and the feasibility of their substitution , in particular at the end of life of electrical and electronic equipment , with a view to making legislative proposals to strengthen the provisions of this directive on a regular basis . when doing so , the commission should pay attention to coherency with other community legislation and maximising synergies with the work carried out under regulation no 1907 / 2006 of the european parliament and of the council of 18 december 2006 concerning the registration , evaluation , authorisation and restriction of chemicals 1 specific account should be taken of the potential impact on smes .


### the measures provided for in this directive take into account existing international guidelines and recommendations and are based on an assessment of available scientific and technical information . the measures are necessary to achieve the chosen level of protection of human and animal health and the environment , having regard to the risks which the absence of measures would be likely to create in the community . the measures should be kept under review and , if necessary , adjusted to take account of available technical and scientific information . ### the measures provided for in this directive take into account existing international guidelines and recommendations and are based on an assessment of available scientific and technical information . the measures are necessary to achieve the chosen level of protection of human and animal health and the environment , having regard to the risks which the absence of measures would be likely to create in the community . the measures should be kept under review and , if necessary , adjusted to take account of available technical and scientific information . in particular , the risks to human health and the environment arising from the use of substances listed in annex xiv of regulation n° 1907 / 2006 with special attention to hexabromocyclododecane , bis phthalate , butyl benzyl phthalate and dibutylphthalate should be considered as a priority .


### the substances covered by this directive are scientifically well researched and evaluated and have been subject to different measures both at community and at national level . ### the substances covered by this directive should be scientifically well researched and evaluated prior to establishing restrictions and becoming subject to different measures both at community and at national level .


### exemptions from the prohibition for certain specific materials or components should be limited in their scope , in order to achieve a gradual phase - out of hazardous substances in electrical and electronic equipment , given that the use of those substances in such applications should become avoidable . ### exemptions from the prohibition for certain specific materials or components should be limited in their scope , and be subject to time - limited reviews whose periods and duration would be determined on a case - by - case basis , in order to achieve a gradual phase - out of hazardous substances in electrical and electronic equipment , given that the use of those substances in such applications should become avoidable .


### paragraph 1 shall not apply to active implantable medical devices . by 2020 the commission shall review the exclusion of active implantable medical devices with a view to propose inclusion . ### paragraph 1 shall not apply to active implantable medical devices . by 2020 the commission shall review the exclusion of active implantable medical devices with a view to assess the availability of suitable safe and reliable alternatives based on scientific and technological advice and to propose inclusion .


### ' manufacturer” means any natural or legal person who manufactures an eee or who has an eee designed or manufactured under his name or trademark ; ### “manufacturer” means any natural or legal person who manufactures an eee or has an eee designed or manufactured , or who markets that product under his name or trademark ;


### ‘ a worker’ means owner - managers of micro , small and medium - sized enterprises and self - employed workers and all members of the household active in the business , provided that , if farmers , they were already producing the output affected by the relevant trade agreement before the measures concerning the specific sector were implemented . ### ‘ a worker’ means owner - managers of micro , small and medium - sized enterprises and self - employed workers and all members of the household active in the business .


### by 1 august of every second year , and for the first time in 2015 , the commission shall present to the european parliament and to the council a quantitative and qualitative report on the activities under this regulation and regulation 1927 / 2006 in the previous two years . the report shall focus mainly on the results achieved by the egf and shall in particular contain information relating to applications submitted , decisions adopted , actions funded , including their complementarity with actions funded by other union funds , notably the european social fund and the european agricultural fund for rural development , and the winding - up of financial contributions made . it should also document those applications that have been rejected or reduced owing to a lack of sufficient appropriations or to non - eligibility . ### by 1 august of every second year , and for the first time in 2015 , the commission shall present to the european parliament and to the council a quantitative and qualitative report on the activities under this regulation and regulation 1927 / 2006 in the previous two years and compare to data from the egf ' s inception . the report shall focus mainly on the results achieved by the egf and shall in particular contain information relating to applications submitted , decisions adopted , actions funded , including their complementarity with actions funded by other union funds , notably the european social fund , and the winding - up of financial contributions made . it should also document those applications that have been rejected or reduced owing to a lack of sufficient appropriations or to non - eligibility .


### following the entry into force of a decision on a financial contribution in accordance with article 15 the commission shall pay the financial contribution to the member state in form of a pre - financing of at least 50 % of the union ' s financial contribution to the member state , in principle within 15 days , followed where necessary in form of intermediate and final payments . the pre - financing shall be cleared when the financial contribution is wound up in accordance with article 18 . ### following the entry into force of a decision on a financial contribution in accordance with article 15 the commission shall pay the financial contribution to the member state in a single instalment , in principle within 15 days .


### the aim of the egf shall be to contribute to economic growth and employment in the union by enabling the union to show solidarity towards workers made redundant as a result of major structural changes in world trade patterns due to globalisation , trade agreements affecting agriculture , or an unexpected crisis , and to provide financial support for their rapid reintegration into employment , or for changing or adjusting their agricultural activities . ### the aim of the egf shall be to contribute to economic growth and employment in the union by enabling the union to show solidarity towards workers made redundant as a result of major structural changes in world trade patterns due to globalisation , or an unexpected crisis , and to provide financial support for their rapid reintegration into employment or for changing their activities .


### the scope of regulation no 1927 / 2006 was broadened in 2009 by regulation no 546 / 2009 of the european parliament and of the council21 as part of the european economic recovery plan to include workers made redundant as a result of the global financial and economic crisis . in order to enable the egf to intervene in future crisis situations , its scope should cover redundancies resulting from a serious economic disruption when caused by an unexpected crisis comparable to the financial and economic crisis that hit the economy from 2008 onwards . ### the scope of regulation no 1927 / 2006 was broadened in 2009 by regulation no 546 / 2009 of the european parliament and of the council21 as part of the european economic recovery plan to include workers made redundant as a result of the global financial and economic crisis . despite strong support from the european commission and the european parliament the continuation of the ' crisis derogation ' was blocked by the european council . in light of the fact that 82% of all applications to the egf in 2009 / 2010 were based on ' crisis derogation ' criteria , it is necessary to enable the egf to intervene in future crisis situations , its scope should cover redundancies resulting from a serious economic disruption when caused by an unexpected crisis .


### no later than 15 months after the date of the application pursuant to article 8 or by the date laid down in the delegated act taken in accordance with article 4 the member state shall present an interim report to the commission on the implementation of the financial contribution , including on the funding , timing and type of actions already carried out and on the rate of reintegration into employment or new activities achieved 12 months after the date of the application . ### no later than 18 months after the date of the application pursuant to article 8 the member state shall present an interim report to the commission on the implementation of the financial contribution , including on the funding , timing and type of actions already carried out and on the rate of reintegration into employment or new activities achieved 15 months after the date of the application .


### special provisions should be included for information and communication activities on egf cases and outcomes . in addition , to bring about greater efficiency in communication to the public at large and stronger synergies between the communication activities undertaken at the initiative of the commission , the resources allocated to communication actions under this regulation should also contribute to covering the corporate communication of the political priorities of the union provided that these are related to the general objectives of this regulation . ### special provisions should be included for information and communication activities on egf cases and outcomes . in addition , to bring about greater efficiency in communication to the public at large and stronger synergies between the communication activities undertaken at the initiative of the commission , the resources allocated to communication actions under this regulation could also contribute to covering the corporate communication of the political priorities of the union provided that these are related to the general objectives of this regulation .


### by 1 august of every second year year , and for the first time in 2015 , the commission shall present to the european parliament and to the council a quantitative and qualitative report on the activities under this regulation and regulation 1927 / 2006 in the previous two years . the report shall focus mainly on the results achieved by the egf and shall in particular contain information relating to applications submitted , decisions adopted , actions funded , including their complementarity with actions funded by other union funds , notably the european social fund and the european agricultural fund for rural development , and the winding - up of financial contributions made . it should also document those applications that have been rejected or reduced owing to a lack of sufficient appropriations or to non - eligibility . ### by 1 june of every year , and for the first time in 2015 , the commission shall present to the european parliament and to the council a quantitative and qualitative report on the activities under this regulation and regulation 1927 / 2006 . the report shall focus mainly on the results achieved by the egf and shall in particular contain information relating to applications submitted , decisions adopted , actions funded , including their impact in terms of reintegration rates and their complementarity with actions funded by other union funds , notably the european social fund and the european agricultural fund for rural development , and the winding - up of financial contributions made . it should also document those applications that have been rejected or reduced owing to a lack of sufficient appropriations or to non - eligibility .


### the commission shall set up an internet site , available in all union languages , to provide information on the egf , guidance on the submission of applications , and information on accepted and rejected applications , highlighting the role of the budgetary authority . ### the commission shall maintain and update regularly an internet site , accessible in all union languages , to provide information on the egf , guidance on the submission of applications , and information on accepted and rejected applications and on the role of the budgetary authority .


### redundant workers should have equal access to the egf independently of their type of employment contract or employment relationship . therefore , workers with fixed term contracts and temporary agency workers made redundant as well as owner - managers of micro , small and medium - sized enterprises and self - employed workers who cease their activities and farmers who change or adjust their activities to a new market situation following trade agreements , should be regarded as redundant workers for the purposes of this regulation . ### redundant workers should have equal access to the egf independently of their type of employment contract or employment relationship . therefore , workers with fixed term contracts and temporary agency workers made redundant as well as owner - managers of micro , small and medium - sized enterprises , self - employed workers , and farmers , who cease or change their current activities , should be regarded as redundant workers for the purposes of this regulation .


### actions benefiting from financial contributions by the fund pursuant to article 2 and shall aim to ensure that a minimum of 50 % of workers participating in these actions find stable employment within a year from the date of application . ### actions benefiting from financial contributions by the fund pursuant to article 2 and shall aim to ensure that a minimum of 50 % of workers participating in these actions find sustainable employment by the end of the implementation period .


### job - search assistance , occupational guidance , advisory services , mentoring , outplacement assistance , entrepreneurship promotion , aid for self - employment and business start - up or for changing or adjusting activity , co - operation activities , tailor - made training and re - training , including information and communication technology skills and certification of acquired experience ; ### job - search assistance , occupational guidance , advisory services , mentoring , outplacement assistance , entrepreneurship promotion , aid for self - employment and business start - up , co - operation activities , tailor - made training and re - training , including information and communication technology skills and certification of acquired experience ;


### where owner - managers of micro , small and medium - sized enterprises and self - employed workers change or , in the case of farmers , adjust their previous activities , such situations shall be considered as redundancies for the purposes of this regulation . ### where owner - managers of micro , small and medium - sized enterprises and self - employed workers change or adjust their previous activities such situations shall be considered as redundancies for the purposes of this regulation .


### a reasoned analysis of the link between the redundancies and the major structural changes in world trade patterns , or the serious disruption of the local , regional or national economy caused by an unexpected crisis , or the new market situation in the agricultural sector in the member state and resulting from the effects of a trade agreement initialled by the european union in accordance with article xxiv of the gatt or a multilateral agreement initialled within the world trade organisation as per article 2 . this analysis shall be based on statistical and other information at the most appropriate level to demonstrate the fulfilment of the intervention criteria set out in article 4 ; ### a reasoned analysis of the link between the redundancies and the major structural changes in world trade patterns , or the serious disruption of the local , regional or national economy caused by an unexpected crisis . this analysis shall be based on statistical and other information at the most appropriate level to demonstrate the fulfilment of the intervention criteria set out in article 4 ;


### expenditure shall be eligible for a financial contribution from the dates set out in article 8 on which the member state starts the personalised services to the targeted workers or the administrative expenditure to implement the egf in accordance with article 7 and respectively . in the case of farmers , expenditure shall be eligible for a contribution from the date set in the delegated act taken in accordance with article 4 . ### expenditure shall be eligible for a financial contribution from the dates set out in article 8 on which the member state starts the personalised services to the targeted workers or the administrative expenditure to implement the egf in accordance with article 7 and respectively .


### at the initiative of the applicant member state , a financial contribution may be made for the preparatory , management , information and publicity , control and reporting activities . ### at the initiative of the applicant member state , a financial contribution of a maximum of 7 % of the requested egf support for the coordinated package of personalised services may be made available for the preparatory , management , information and publicity , control and reporting activities .


### the member state shall submit a complete application to the commission within a period of 12 weeks from the date on which the criteria set in article 4 or are met or , where applicable , before the deadline set by the commission in accordance with article 4 . in exceptional and duly justified circumstances the application may be supplemented with additional information by the applicant member state within six months from the date of application , following which the commission shall assess the application on the basis of the available information . the commission shall complete its assessment of the application within twelve weeks of the date of receipt of a complete application or six months after the date of the initial application , whichever is the earlier . ### the member state shall submit a complete application to the commission within a period of 12 weeks from the date on which the criteria set in article 4 or are met . in exceptional and duly justified circumstances the application may be supplemented with additional information by the applicant member state within five months from the date of application , following which the commission shall assess the application on the basis of the available information . the commission shall complete its assessment of the application within twelve weeks of the date of receipt of a complete application or five months after the date of the initial application , whichever is the earlier .


### the results of the evaluation shall be transmitted , for information , to the european parliament , the council , the european economic and social committee , the committee of the regions and the social partners . ### the results of the evaluation shall be transmitted , for information , to the european parliament , the council , the court of auditors , the european economic and social committee , the committee of the regions and the social partners . the recommendations of the evaluation should be taken into account for the design of new programmes in the area of employment and social affairs .


### financial contributions from the egf should be primarily directed at active labour market measures aimed at reintegrating redundant workers rapidly into employment , either within or outside their initial sector of activity , including the agricultural sector . the inclusion of pecuniary allowances in a coordinated package of personalised services should therefore be restricted . ### financial contributions from the egf should be primarily directed at active labour market measures aimed at reintegrating redundant workers rapidly into employment , either within or outside their initial sector of activity , including the agricultural sector . the inclusion of pecuniary allowances in a coordinated package of personalised services should therefore be restricted . the pecuniary allowances should be in addition to any financial obligations that are the responsibility of member states or companies by virtue of national law or collective agreements .


### in order to ensure that the union ' s expression of solidarity with workers is not hampered by a lack of member state co - funding resources , the co - funding rate should be modulated , with a maximum 50 % contribution to the cost of the package and its implementation as the norm , and the possibility to raise this rate to up to 65 % in the case of applications submitted by those member states on the territory of which at least one region at nuts ii level is eligible under the ‘ convergence’ objective of the structural funds . ### in order to ensure that the union ' s expression of solidarity with workers is not hampered by a lack of member state co - funding resources , the co - funding rate should be modulated , with a maximum 50 % contribution to the cost of the package and its implementation as the norm , a maximum 65 % in the case of applications submitted by a member state on the territory of which at least one region at nuts ii level belongs to the category of ' less developed region ' as laid down in regulation xx / xxxx and a maximum 75 % in the case of applications submitted by a member state receiving financial assistance under one of the conditions as laid down in article 77 of regulation no 1083 / 2006 1or from the european financial stability facility . ___________ 1 oj l 210 , 31 . 7 . 2006 , p . 25 .


### the aim of the egf shall be to contribute to economic growth and employment in the union by enabling the union to show solidarity towards workers made redundant as a result of major structural changes in world trade patterns due to globalisation , trade agreements affecting agriculture , or an unexpected crisis , and to provide financial support for their rapid reintegration into employment , or for changing or adjusting their agricultural activities . ### the aim of the egf shall be to contribute to economic growth and employment in the union by enabling the union to show solidarity towards workers made redundant as a result of major structural changes in world trade patterns due to globalisation , or an unexpected crisis , and to provide financial support for their rapid reintegration into employment or for changing their activities .


### a financial contribution may be made for active labour market measures that form part of a coordinated package of personalised services , designed to facilitate the re - integration of the targeted redundant workers into employment or self - employment or , in the case of farmers , to change or adjust their previous activities . the coordinated package of personalised services may include in particular : ### a financial contribution may be made for active labour market measures that form part of a coordinated package of personalised services , designed to facilitate the re - integration of the targeted redundant workers into employment or self - employment . the coordinated package of personalised services may include in particular :


### for owner - managers of micro , small and medium - sized enterprises and self - employed workers , the redundancy shall be counted either from the date of cessation of the activities caused by any of the conditions set out in article 2 , and determined in accordance with national law or administrative provisions , or from the date specified by the commission in the delegated act adopted in accordance with the article 4 . ### for owner - managers of micro , small and medium - sized enterprises and self - employed workers , the redundancy shall be counted either from the date of cessation or change of the activities caused by any of the conditions set out in article 2 , and determined in accordance with national law or administrative provisions .


### following the entry into force of a decision on a financial contribution in accordance with article 15 the commission shall pay the financial contribution to the member state in form of a pre - financing of at least 50 % of the union ' s financial contribution to the member state , in principle within 15 days , followed where necessary in form of intermediate and final payments . the pre - financing shall be cleared when the financial contribution is wound up in accordance with article 18 . ### following the entry into force of a decision on a financial contribution in accordance with article 15 the commission shall pay the financial contribution to the member state in a single instalment , in principle within 15 days .


### the sources of national co - funding ; ### the sources of national co - funding and other co - funding if applicable ;


### ‘ a worker’ means owner - managers of micro , small and medium - sized enterprises and self - employed workers and all members of the household active in the business , provided that , if farmers , they were already producing the output affected by the relevant trade agreement before the measures concerning the specific sector were implemented . ### ‘ a worker’ means owner - managers of micro , small and medium - sized enterprises and self - employed workers and all members of the household active in the business .


### when drawing up the coordinated package of active labour market policy measures , member states should favour measures that will significantly contribute to the employability of the redundant workers . member states should strive towards the reintegration into employment or new activities of at least 50 % of the targeted workers within 12 months of the date of application . ### when drawing up the coordinated package of active labour market policy measures , member states should favour measures that will significantly contribute to the employability of the redundant workers . the measures should also be designed taking into account the objectives of the europe 2020 strategy and their implementation in the national and regional strategies . member states should strive towards the reintegration into employment or new activities of at least 50 % of the workers participating in the measures . the rate should be measured at the end of the implementation period .


### by 1 august of every second year year , and for the first time in 2015 , the commission shall present to the european parliament and to the council a quantitative and qualitative report on the activities under this regulation and regulation 1927 / 2006 in the previous two years . the report shall focus mainly on the results achieved by the egf and shall in particular contain information relating to applications submitted , decisions adopted , actions funded , including their complementarity with actions funded by other union funds , notably the european social fund and the european agricultural fund for rural development , and the winding - up of financial contributions made . it should also document those applications that have been rejected or reduced owing to a lack of sufficient appropriations or to non - eligibility . ### by 1 august of every second year , and for the first time in 2015 , the commission shall present to the european parliament and to the council a comprehensive , quantitative and qualitative report on the activities under this regulation and regulation no 1927 / 2006 in the previous two years . the report shall focus mainly on the results achieved by the egf and shall in particular contain information relating to applications submitted , decisions adopted , the number of workers who are supported and who find stable employment within one year from the date of application , actions funded , including their complementarity with actions funded by other union funds , notably the european social fund and the european agricultural fund for rural development , and the winding - up of financial contributions made . it should also document those applications that have been rejected or reduced owing to a lack of sufficient appropriations or to non - eligibility .


### in order to maintain the european nature of the egf , an application for support should be triggered when the number of redundancies reaches a minimum threshold . in small labour markets , such as small member states or remote regions , and in exceptional circumstances , applications may be submitted for a lower number of redundancies . as regards farmers , the necessary criteria should be determined by the commission in relation to the consequences of each trade agreement . ### in order to maintain the european nature of the egf , an application for support should be triggered when the number of redundancies reaches a minimum threshold . in small labour markets , such as small member states or remote regions , and in exceptional circumstances , applications may be submitted for a lower number of redundancies .


### the scope of regulation no 1927 / 2006 was broadened in 2009 by regulation no 546 / 2009 of the european parliament and of the council21 as part of the european economic recovery plan to include workers made redundant as a result of the global financial and economic crisis . in order to enable the egf to intervene in future crisis situations , its scope should cover redundancies resulting from a serious economic disruption when caused by an unexpected crisis comparable to the financial and economic crisis that hit the economy from 2008 onwards . ### the scope of regulation no 1927 / 2006 was broadened in 2009 by regulation no 546 / 2009 of the european parliament and of the council21 as part of the european economic recovery plan to include workers made redundant as a result of the global financial and economic crisis . despite strong support from the european commission and the european parliament the continuation of the ' crisis derogation ' was blocked by the european council . in light of the fact that 82% of all applications to the egf in 2009 / 2010 were based on ' crisis derogation ' criteria , it is necessary to enable the egf to intervene in future crisis situations , its scope should cover redundancies resulting from a serious economic disruption when caused by an unexpected crisis .


### the commission ' s technical assistance shall include the provision of information and guidance to the member states for using , monitoring and evaluating the egf . the commission may also provide information on using the egf to the european and national social partners . ### the commission ' s technical assistance shall include the provision of information and guidance to the member states for using , monitoring and evaluating the egf . the commission shall also provide information on using the egf to the european and national social partners .


### all workers being made redundant in accordance with article 5 , within the period provided for in article 4 , or , ### all workers being made redundant in accordance with article 5 , within the period provided for in article 4 or ,


### no later than 15 months after the date of the application pursuant to article 8 or by the date laid down in the delegated act taken in accordance with article 4 the member state shall present an interim report to the commission on the implementation of the financial contribution , including on the funding , timing and type of actions already carried out and on the rate of reintegration into employment or new activities achieved 12 months after the date of the application . ### no later than 18 months after the date of the application pursuant to article 8 the member state shall present an interim report to the commission on the implementation of the financial contribution , including on the funding , timing and type of actions already carried out and on the rate of reintegration into employment or new activities achieved 15 months after the date of the application .


### the cost of investments in physical assets for self - employment and business start - up or for changing or adjusting activity may not exceed eur 35 000 . ### the cost of investments in physical assets for self - employment and business start - up or for changing or adjusting activity may not exceed eur 25 000 .


### ‘ control card’ means a tachograph card issued by the authorities of a member state to a national competent control authority which identifies the control body and optionally the control officer and allows access to the data stored in the data memory or in the driver cards for reading , printing and / or downloading ; ### ‘ control card’ means a tachograph card issued by the authorities of a member state to a national competent control authority which identifies the control body and the control officer and allows access to the data stored in the data memory or in the driver cards , the company card and the workshop card for reading , printing and / or downloading ;


### driver cards shall be issued in accordance with the provisions of this chapter until 18 january 2018 . with effect from 19 january 2018 , driver cards shall be incorporated into driving licences and issued , renewed , exchanged and replaced in accordance with the provisions of directive 2006 / 126 / ec . ### within 24 months from the entry into force of this regulation , the commission shall submit an impact assessment to determine the optimum provisions for merging the driver card with any other card it considers useful , including the driving licence , taking account of the administrative burden and cost of such a procedure for all interested parties , while ensuring the protection of the driver’s personal data . the commission shall forward the outcome of this assessment to the european parliament within 30 months from the entry into force of this regulation .


### the data exchanged during communication shall be limited to the data necessary for the purpose of targeted roadside checks . data concerning the identity of the driver , driver activities and speed shall not be communicated . ### the data exchanged during communication shall be limited to the data necessary for the purpose of targeted roadside checks and may include driver activities , sensor fault , errors in motion data , driving without a driving card , vehicle registration number , speed and weight of the vehicle . data concerning the identity of the driver shall not be communicated .


### manufacturers or their agents shall submit an application for eu approval of a type of vehicle unit , motion sensor , model record sheet or tachograph card to the type approval authorities designated to that effect by each member state . ### manufacturers or their agents shall submit an application for eu approval of a type of vehicle unit , motion sensor , model record sheet , tachograph card or software used by the competent control authorities to interpret data to the type approval authorities designated to that effect by each member state .


### manufacturers or their agents shall submit an application for eu approval of a type of vehicle unit , motion sensor , model record sheet or tachograph card to the type approval authorities designated to that effect by each member state . ### manufacturers or their agents shall submit an application for eu approval of a type of vehicle unit , motion sensor , model record sheet , tachograph card or data interpretation software used by the competent control authorities , to the type approval authorities designated to that effect by each member state whose certification conditions are recognised by the management committee of the sog - is european mutual recognition agreement . the commission shall consult the management committee of the sog - is agreement before any decision is made to recognise a certification body from a third country .


### a transport undertaking shall be liable for infringements against this regulation committed by drivers of the undertaking . without prejudice to the right of member states to hold transport undertakings fully liable , member states may consider any evidence that the transport undertaking cannot reasonably be held responsible for the infringement committed . ### a transport undertaking can only be held responsible for infringements committed by its drivers if it can be proven that these are due to negligent arrangements .


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


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


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


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


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


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


### member states shall receive a fixed amount of eur 4000 for each resettled person falling into one of the categories defined by the common eu annual priorities established in accordance with article 13 with respect to geographic regions and nationalities as well as to specific categories of refugees to be resettled . ### member states shall receive a fixed amount of eur 4 000 for each resettled person falling into one of the categories defined by the common eu annual priorities established in accordance with article 13 with respect to geographic regions and nationalities . the following categories shall be considered as common eu annual priorities : - children and women at risk , particularly from psychological , physical or sexual violence or exploitation , - persons having serious medical needs that can be addressed only through resettlement , and - persons deemed to be vulnerable or in need of urgent and emergency resettlement for legal and protection reasons , such as persons who are the victims of an armed attack , a natural catastrophe or other unforeseen humanitarian circumstances .


### member states shall receive a fixed amount of eur 4000 for each resettled person falling into one of the categories defined by the common eu annual priorities established in accordance with article 13 with respect to geographic regions and nationalities as well as to specific categories of refugees to be resettled . ### member states shall receive a fixed amount of eur 4 000 for each resettled person falling into one of the categories defined by the common eu annual priorities established in accordance with article 13 with respect to geographic regions and nationalities . the following categories shall be considered as common eu annual priorities : - unaccompanied minors where resettlement is in their best interest , and , where applicable , in compliance with the un convention on the rights of the child , - women at risk , particularly from psychological , physical or sexual violence or exploitation and victims of forced marriage or female genital mutilation , - persons having serious medical needs that can be addressed only through resettlement , - persons in need of urgent and emergency resettlement for reasons of legal or physical protection , and - persons who are the victims of armed attack , a natural catastrophe or other unforeseen humanitarian circumstances .


### the commission shall establish a facility targeting the cultural and creative sectors and operated within the context of a union debt instrument for small and medium - sized enterprises . this facility shall have the following priorities : ### the commission shall establish a facility targeting the cultural and creative sectors and operated within the context of a union debt instrument for small and medium - sized enterprises in accordance with commission recommendation&#160 ; 2003 / 361 concerning the definition of micro , small and medium - sized enterprises . this facility shall have the following priorities :


### supporting the circulation of european literature ; ### supporting the transnational circulation of works and cultural and artistic products ;


### support initiatives presenting and promoting a diversity of european audiovisual works ; ### support initiatives presenting and promoting a diversity of european audiovisual works , including their linguistic diversity , through the provision of support for translation , dubbing and subtitling ;


### the rate of building renovation needs to be increased , as the existing building stock represents the single biggest potential sector for energy savings . moreover , buildings are crucial to achieving the eu objective of reducing greenhouse gas emissions by 80 - 95% by 2050 compared to 1990 . buildings owned by public bodies account for a considerable share of the building stock and have high visibility in public life . it is therefore appropriate to set an annual rate of renovation of all buildings owned by public bodies to upgrade their energy performance . this renovation rate should be without prejudice to the obligations with regard to nearly - zero energy buildings set in directive 2010 / 31 / eu of the european parliament and of the council of 19 may 2010 on the energy performance of buildings27 . the obligation to renovate public buildings complements the provisions of that directive , which requires member states to ensure that when existing buildings undergo major renovation their energy performance is upgraded so that they meet minimum energy performance requirements . ### the rate of building renovation needs to be increased , as the existing building stock represents the single biggest potential sector for energy savings . moreover , buildings are crucial to achieving the eu objective of reducing greenhouse gas emissions by 80 - 95% by 2050 compared to 1990 . buildings owned by public bodies account for a considerable share of the building stock and have high visibility in public life . it is therefore appropriate to set an annual rate of renovation of all buildings owned by public bodies to upgrade their energy performance . this renovation rate should be without prejudice to the obligations with regard to nearly - zero energy buildings set in directive 2010 / 31 / eu of the european parliament and of the council of 19 may 2010 on the energy performance of buildings27 . the obligation to renovate public buildings complements the provisions of that directive , which requires member states to ensure that when existing buildings undergo major renovation their energy performance is upgraded so that they meet minimum energy performance requirements . specific attention shall be paid to ensuring good indoor air quality e . g . through adequate ventilation requirements and the use of low - emission building materials , equipment and products . where energy efficiency measures concern public buildings , such as day care centers , kindergardens or schools , a health impact assessment should be carried out .


### each member state shall set up an energy efficiency obligation scheme . this scheme shall ensure that either all energy distributors or all retail energy sales companies operating on the member state ' s territory achieve annual energy savings equal to 1 . 5% of their energy sales , by volume , in the previous year in that member state excluding energy used in transport . this amount of energy savings shall be achieved by the obligated parties among final customers . ### each member state shall set up an energy efficiency obligation scheme . the scheme may also take the form of an alternative agreement - based energy efficiency scheme , as referred to in paragraph 9 , along the lines of those already in use in many member states . this scheme , or alternative schemes as referred to in paragraph 9 , shall ensure that either all energy distributors or all retail energy sales companies operating on the member state ' s territory achieve annual energy savings , to be determined by each member state according to its energy efficiency starting point , excluding energy used in transport . this amount of energy savings shall be achieved by the obligated parties among final customers . member states may fulfil an energy saving obligation , wholly or in part , by means of an alternative agreement - based energy efficiency scheme , including where energy end users are directly concerned .


### member states shall set a national energy efficiency target expressed as an absolute level of primary energy consumption in 2020 . when setting these targets , they shall take into account the union ' s target of 20 % energy savings , the measures provided for in this directive , the measures adopted to reach the national energy saving targets adopted pursuant to article 4 of directive 2006 / 32 / ec and other measures to promote energy efficiency within member states and at union level . ### each member state shall ensure that its national absolute level of primary energy consumption in 2020 is at least below its target as set out in annex - 1 . such mandatory national targets are consistent with the union ' s target of at least 20 % energy savings referred to in article 1 which limit eu primary energy consumption to maximum 1353 , 50 mtoe in 2020 , representing 80% of the energy consumption in 2007 .


### by 30 june 2014 , the commission shall assess whether the union is likely to achieve its target of 20 % primary energy savings by 2020 , requiring a reduction of eu primary energy consumption of 368 mtoe in 2020 , taking into account the sum of the national targets referred to in paragraph 1 and the evaluation referred to in article 19 . ### member states shall introduce measures to ensure that their primary energy consumption equals or is below an annual linear trajectory to the 2020 target in annex - 1 .


### each member state shall set up an energy efficiency obligation scheme . this scheme shall ensure that either all energy distributors or all retail energy sales companies operating on the member state ' s territory achieve annual energy savings equal to 1 . 5% of their energy sales , by volume , in the previous year in that member state excluding energy used in transport . this amount of energy savings shall be achieved by the obligated parties among final customers . ### each member state shall set up an energy efficiency obligation scheme . this scheme shall ensure that either all energy distributors or all retail energy sales companies operating on the member state ' s territory achieve annual energy savings equal to 1 . 5% of their energy sales , by volume , in the previous year in that member state . this amount of energy savings shall be achieved by the obligated parties among final customers . the member states shall apply the scheme to all sectors .


### each member state shall set up an energy efficiency obligation scheme . this scheme shall ensure that either all energy distributors or all retail energy sales companies operating on the member state ' s territory achieve annual energy savings equal to 1 . 5% of their energy sales , by volume , in the previous year in that member state excluding energy used in transport . this amount of energy savings shall be achieved by the obligated parties among final customers . ### each member state shall set up an energy efficiency obligation scheme . this scheme shall ensure that either all energy distributors or all retail energy sales companies operating on the member state ' s territory achieve annual energy savings equal to 1 . 5% of their energy sales , by volume , in the previous year in that member state excluding energy used in transport and sold to ets installations . this amount of energy savings shall be achieved by the obligated parties among final customers or via an equivalent primary energy saving in the supply chain .


### this directive establishes a common framework for the promotion of energy efficiency within the union in order to ensure the achievement of the union ' s target of 20% primary energy savings by 2020 and to pave the way for further energy efficiency improvements beyond that date . ### this directive establishes a common framework for the promotion of energy efficiency within the union in order to ensure the achievement of at least the union ' s target of 20% primary energy savings by 2020 compared to 2007 and to pave the way for further energy efficiency improvements beyond that date .


### each member state shall set up an energy efficiency obligation scheme . this scheme shall ensure that either all energy distributors or all retail energy sales companies operating on the member state ' s territory achieve annual energy savings equal to 1 . 5% of their energy sales , by volume , in the previous year in that member state excluding energy used in transport . this amount of energy savings shall be achieved by the obligated parties among final customers . ### in order to achieve the objectives referred to in paragraph 1 of article 3 , member states may set up an energy efficiency scheme . this scheme shall ensure that obliged parties achieve annual energy savings among final customers .


### member states opting for this option shall notify to the commission , by 1 january 2013 at the latest , the alternative measures that they plan to adopt , including the rules on penalties referred to in article 9 , and demonstrating how they would achieve the required amount of savings . the commission may refuse such measures or make suggestions for modifications in the 3 months following notification . in such cases , the alternative approach shall not be applied by the member state concerned until the commission expressly accepts the resubmitted or modified draft measures . ### member states shall notify to the commission , by 1 january 2013 at the latest , the share of their obligation they plan to fulfil by allowing obligated parties to contribute to the financing facility , including the rules on penalties referred to in article 9 , and demonstrating how they would achieve the proposed amount of savings using the contributed share of the funds . the commission may refuse such measures or make suggestions for modifications in the 3 months following notification . in such cases , the programmes and measures shall not be applied by the member state concerned until the commission expressly accepts the resubmitted or modified draft measures . .


### member states shall adopt authorisation or equivalent permitting criteria to ensure that industrial installations with a total thermal input exceeding 20 mw generating waste heat that are built or substantially refurbished after [ the entry into force of this directive ] capture and make use of their waste heat . ### does not affect the english version .


### member states opting for this option shall notify to the commission , by 1 january 2013 at the latest , the alternative measures that they plan to adopt , including the rules on penalties referred to in article 9 , and demonstrating how they would achieve the required amount of savings . the commission may refuse such measures or make suggestions for modifications in the 3 months following notification . in such cases , the alternative approach shall not be applied by the member state concerned until the commission expressly accepts the resubmitted or modified draft measures . ### member states opting for this option shall notify to the commission , by 1 january 2013 at the latest , the part of their obligation that will be fulfilled with payments into the funds by the obligated parties , including the rules on penalties referred to in article 9 , and illustrate what programmes and measures they plan to put in place using the payment collected into the fund to achieve the required amount of savings . the commission may refuse such measures or make suggestions for modifications in the 3 months following notification . in such cases , the programmes and measures shall not be applied by the member state concerned until the commission expressly accepts the resubmitted or modified draft measures .


### member states shall make publicly available the certification schemes or equivalent qualification schemes referred to in paragraph 1 and shall cooperate among themselves and with the commission on comparisons between and recognition of the schemes . ### member states shall make publicly available the qualification schemes referred to in paragraph 1 and shall work on comparisons between and recognition of the schemes . this shall be without prejudice to directive 2005 / 36 / ec .


### member states may exempt small energy distributors and small retail energy sales companies , namely those that distribute or sell less than the equivalent of 75 gwh of energy per year , employ fewer than 10 persons or have an annual turnover or annual balance sheet total that does not exceed eur 2 000 000 , from the application of this article . energy produced for self use shall not count towards these thresholds . ### member states may exempt small energy distributors and small retail energy sales companies , namely those that distribute or sell less than the equivalent of 75 gwh of energy per year , employ fewer than 10 persons or have an annual turnover or annual balance sheet total that does not exceed eur 2 000 000 , from the application of this article . energy produced for self use shall not count towards this article .


### the rate of building renovation needs to be increased , as the existing building stock represents the single biggest potential sector for energy savings . moreover , buildings are crucial to achieving the eu objective of reducing greenhouse gas emissions by 80 - 95% by 2050 compared to 1990 . buildings owned by public bodies account for a considerable share of the building stock and have high visibility in public life . it is therefore appropriate to set an annual rate of renovation of all buildings owned by public bodies to upgrade their energy performance . this renovation rate should be without prejudice to the obligations with regard to nearly - zero energy buildings set in directive 2010 / 31 / eu of the european parliament and of the council of 19 may 2010 on the energy performance of buildings . the obligation to renovate public buildings complements the provisions of that directive , which requires member states to ensure that when existing buildings undergo major renovation their energy performance is upgraded so that they meet minimum energy performance requirements . ### the rate of building renovation needs to be increased , as the existing building stock represents the single biggest potential sector for energy savings . moreover , buildings are crucial to achieving the eu objective of reducing greenhouse gas emissions by 80 - 95% by 2050 compared to 1990 . buildings owned by public bodies account for a considerable share of the building stock and have high visibility in public life . it is therefore appropriate for each member state to lay down its own cost - effective and otherwise sound energy - saving and energy efficiency measures as regards buildings owned by public bodies in order to upgrade their energy performance . this renovation rate should be without prejudice to the obligations with regard to nearly - zero energy buildings set in directive 2010 / 31 / eu of the european parliament and of the council of 19 may 2010 on the energy performance of buildings . energy - saving and energy efficiency measures for public buildings complement the provisions of that directive , which requires member states to ensure that when existing buildings undergo major renovation their energy performance is upgraded so that they meet minimum energy performance requirements . building materials also play a crucial role , as an increasingly substantial proportion of the total energy consumption accounted for by buildings arises at the construction stage . promoting the use of low - emission building materials , such as wood , on a europe - wide scale would reduce the environmental burden resulting from construction .


### by 1 january 2014 , member states shall establish and notify to the commission a national heating and cooling plan for developing the potential for the application of high - efficiency cogeneration and efficient district heating and cooling , containing the information set out in annex vii . the plans shall be updated and notified to the commission every five years . member states shall ensure by means of their regulatory framework that national heating and cooling plans are taken into account in local and regional development plans , including urban and rural spatial plans , and fulfil the design criteria in annex vii . ### by 1 january 2014 , member states shall establish and notify to the commission a national heating and cooling map by means of which it is possible to find and develop cogeneration and district heating and cooling more effectively , containing the information set out in annex vii . the plans shall be updated and notified to the commission every five years .


### ‘ energy performance contracting’ means a contractual arrangement between the beneficiary and the provider of an energy efficiency improvement measure , according to which the payment for the investment made by the provider is in relation to a contractually agreed level of energy efficiency improvement or other agreed energy performance criterion , such as financial savings ; ### ' energy performance contracting ' means a contractual arrangement between the beneficiary and the provider of an energy efficiency improvement measure , verified and monitored during the whole term of the contract , where investments in that measure are paid for in relation to a contractually agreed level of energy efficiency improvement or other agreed energy performance criterion .


### as an alternative to paragraph 1 , member states may opt to take other measures to achieve energy savings among final customers . the annual amount of energy savings achieved through this approach shall be equivalent to the amount of energy savings required in paragraph 1 . ### member states may allow obligated parties to fulfil annually up to 50% of their obligation by paying into energy saving financing facilities set up to facilitate and leverage financing for energy efficiency investments . this shall be done by contributing to the financing facility an amount equal to the investment costs estimated to achieve the corresponding share of their obligation .


### member states shall ensure that public bodies purchase only products , services and buildings with high energy efficiency performance , as referred to in annex iii . . ### member states shall ensure that public bodies purchase only products , services and buildings with high energy efficiency performance , as referred to in annex iii . , provided that the additional cost involved in the purchase in question is a financially efficient decision , taking into account the financial efficiency of the purchase from the point of view of the investment and the benefit in reducing greenhouse gas emissions .