### the overall aim of the ‘ digital single market strategy’ , is to deliver sustainable economic and social benefits from a connected digital single market . union consumers still do not enjoy the full benefits of prices and choice that the single market can offer , because cross - border online transactions are still very limited . fragmentation also limits demand for cross - border e - commerce transactions . there is also a need for concerted action to make sure that new electronic content is also fully available to persons with disabilities . it is therefore necessary to harmonise accessibility requirements across the digital single market and to ensure that all union citizens regardless of their abilities can enjoy its benefits . ### the overall aim of the ‘ digital single market strategy’ , is to deliver sustainable economic and social benefits from a connected digital single market , facilitating trade and promoting employment within the union . union consumers still do not enjoy the full benefits of prices and choice that the single market can offer , because cross - border online transactions are still very limited . fragmentation also limits demand for cross - border e - commerce transactions . there is also a need for concerted action to make sure that new electronic content is also fully available to persons with disabilities . it is therefore necessary to harmonise accessibility requirements across the digital single market and to ensure that all union citizens regardless of their abilities can enjoy its benefits .


### in its article 9 , the convention requires its parties to the convention to take appropriate measures to ensure that persons with disabilities have access to the physical environment , to transportation , to information and communications , including information and communications technologies and systems , and to other facilities and services open or provided to the public , both in urban and in rural areas , on an equal basis with others . the united nations committee on the rights of persons with disabilities has indicated the need to create a legislative framework with concrete , enforceable and time - bound benchmarks for monitoring the gradual implementation of accessibility . ### in its article 9 , the convention requires its parties to the convention to take appropriate measures to ensure that persons with disabilities have the same access as others to the physical environment , to transportation , to information and communications , including information and communications technologies and systems , and to other facilities and services open or provided to the public , both in urban and in rural areas , on an equal basis with others . the united nations committee on the rights of persons with disabilities has indicated the need to create a legislative framework with concrete , enforceable and time - bound benchmarks for monitoring the gradual implementation of accessibility .


### the european disability strategy 2010 - 2020 – a renewed commitment to a barrier - free europe – in line with the convention , establishes accessibility as one of the eight areas of action , and aims at ensuring accessibility of products and services . __________________ 33 com 636 . ### the european disability strategy 2010 - 2020 – a renewed commitment to a barrier - free europe – in line with the convention , establishes accessibility as one of the eight areas of action , which is a basic precondition for participation in society and aims at ensuring accessibility of products and services . __________________ 33 com 636 .


### member states shall take all appropriate measures to ensure that , where the products and services covered by this directive comply with the relevant accessibility requirements , their free movement within the union is not impeded due to reasons of accessibility . ### member states must take all appropriate measures to ensure that , where the products and services covered by this directive comply with the relevant accessibility requirements , their free movement within the union is not impeded due to reasons of accessibility .


### in some situations , common accessibility requirements of the built environment would facilitate the free movement of the related services and of persons with disabilities . therefore , this directive enables member states to include the built environment used in the provision of the services under the scope of this directive , ensuring compliance with the accessibility requirements set in annex x . ### in some situations , common accessibility requirements of the built environment are expected to facilitate the free movement of the related services and of persons with disabilities . therefore , this directive enables member states to include the built environment used in the provision of the services under the scope of this directive , ensuring compliance with the accessibility requirements set in annex x .


### most jobs in the union are provided by smes and micro - enterprises . they have a crucial importance for future growth , but very often face hurdles and obstacles in developing their products or services , notably in the cross - border context . it is therefore necessary to facilitate the work of the smes and micro - enterprises by harmonising the national provisions on accessibility while maintaining the necessary safeguards . ### most jobs in the union are provided by smes and micro - enterprises . they have a crucial importance for future growth , but very often face hurdles and obstacles in developing their products or services , notably in the cross - border context . it is therefore necessary to facilitate the work of the smes and micro - enterprises , especially on the southern european member states such as greece , spain , italy , etc . by harmonising the national provisions on accessibility while maintaining the necessary safeguards .


### economic operators should be responsible for the compliance of products and services , in relation to their respective roles in the supply chain , so as to ensure a high level of protection of accessibility and to guarantee fair competition on the union market . ### economic operators should be responsible for the compliance of products and services , in relation to their respective roles in the supply chain , ensuring the necessary degree of accessibility , so as to ensure a high level of protection of accessibility and to guarantee fair competition on the union market .


### this directive should follow the principle of ‘ think small first’ and should take account of the administrative burdens that smes are faced with . it should set light rules in terms of conformity assessment and should establish safeguard clauses for economic operators , rather than providing for general exceptions and derogations for those enterprises . consequently , when setting up the rules for the selection and implementation of the most appropriate conformity assessment procedures , the situation of smes should be taken into account and the obligations to assess conformity of accessibility requirements should be limited to the extent that they do not pose a disproportionate burden on smes . in addition , market surveillance authorities should operate in a proportionate manner in relation to the size of undertakings and to the small serial or non - serial nature of the production concerned , without creating unnecessary obstacles for smes and without compromising the protection of public interests . ### this directive should follow the principle of ‘ think small first’ and should take account of the administrative burdens and difficulties that smes are faced with . it should set light rules in terms of conformity assessment and should establish safeguard clauses for economic operators , rather than providing for general exceptions and derogations for those enterprises . consequently , when setting up the rules for the selection and implementation of the most appropriate conformity assessment procedures , the situation of smes should be taken into account and the obligations to assess conformity of accessibility requirements should be limited to the extent that they do not pose a disproportionate burden on smes . in addition , market surveillance authorities should operate in a proportionate manner in relation to the size of undertakings and to the small serial or non - serial nature of the production concerned , without creating unnecessary obstacles for smes and without compromising the protection of public interests .


### in order to facilitate conformity assessment with applicable requirements it is necessary to provide for a presumption of conformity for products and services which are in conformity with voluntary harmonised standards that are adopted in accordance with regulation no 1025 / 2012 of the european parliament and of the council for the purpose of expressing detailed technical specifications of those requirements . the commission has already issued a number of standardisation requests to the european standardisation organisations on accessibility which would be relevant for the preparation of harmonised standards . __________________ regulation no 1025 / 2012 of 25 october 2012 of the european parliament and of the council on european standardisation , amending council directives 89 / 686 / eec and 93 / 15 / eec and directives 94 / 9 / ec , 94 / 25 / ec , 95 / 16 / ec , 97 / 23 / ec , 98 / 34 / ec , 2004 / 22 / ec , 2007 / 23 / ec , 2009 / 23 / ec and 2009 / 105 / ec of the european parliament and of the council and repealing council decision 87 / 95 / eec and decision no 1673 / 2006 / ec of the european parliament and of the council ### in order to facilitate conformity assessment with applicable accessibility requirements it is necessary to provide for a presumption of conformity for products and services which are in conformity with voluntary harmonised standards that are adopted in accordance with regulation no 1025 / 2012 of the european parliament and of the council for the purpose of expressing detailed technical specifications of those requirements . the commission has already issued a number of standardisation requests to the european standardisation organisations on accessibility which would be relevant for the preparation of harmonised standards . __________________ regulation no 1025 / 2012 of 25 october 2012 of the european parliament and of the council on european standardisation , amending council directives 89 / 686 / eec and 93 / 15 / eec and directives 94 / 9 / ec , 94 / 25 / ec , 95 / 16 / ec , 97 / 23 / ec , 98 / 34 / ec , 2004 / 22 / ec , 2007 / 23 / ec , 2009 / 23 / ec and 2009 / 105 / ec of the european parliament and of the council and repealing council decision 87 / 95 / eec and decision no 1673 / 2006 / ec of the european parliament and of the council


### since the objective of this directive , namely , the elimination of barriers to the free movement of certain accessible products and services to contribute to the proper functioning of the internal market , cannot be sufficiently achieved by the member states because it requires the harmonisation of different rules currently existing in their respective legal systems , but can rather , by reason of defining common accessibility requirements and rules for the functioning of the single market , be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary in order to achieve that objective , ### since the objective of this directive , namely , the elimination of barriers to the free movement of certain accessible products and services to contribute to the proper functioning of the internal market and meet the needs of all consumers , cannot be sufficiently achieved by the member states because it requires the harmonisation of different rules currently existing in their respective legal systems , but can rather , by reason of defining common accessibility requirements and rules for the functioning of the single market , be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary in order to achieve that objective ,


### consumer over - indebtedness is a matter of great economic and social concern and is closely related to the reduction of debt overhang . furthermore , it is often not possible to draw a clear distinction between the consumer and business debts of an entrepreneur . a second chance regime for entrepreneurs would not be effective if the entrepreneur had to go through separate procedures , with different access conditions and discharge periods , to discharge his business personal debts and his non - business personal debts . for these reasons , although this directive does not include binding rules on consumer over - indebtedness , member states should be able to also apply the discharge provisions to consumers . ### consumer over - indebtedness is a matter of great economic and social concern and is closely related to the reduction of debt overhang . furthermore , it is often not possible to draw a clear distinction between the consumer and business debts of an entrepreneur . a second chance regime for entrepreneurs would not be effective if the entrepreneur had to go through separate procedures , with different access conditions and discharge periods , to discharge his business personal debts and his non - business personal debts . for these reasons , member states should be able to also apply the discharge provisions to consumers and establish single procedures for both professional and personal debts of the same person .


### consumer over - indebtedness is a matter of great economic and social concern and is closely related to the reduction of debt overhang . furthermore , it is often not possible to draw a clear distinction between the consumer and business debts of an entrepreneur . a second chance regime for entrepreneurs would not be effective if the entrepreneur had to go through separate procedures , with different access conditions and discharge periods , to discharge his business personal debts and his non - business personal debts . for these reasons , although this directive does not include binding rules on consumer over - indebtedness , member states should be able to also apply the discharge provisions to consumers . ### consumer over - indebtedness is a matter of great economic and social concern and is closely related to the reduction of debt overhang . furthermore , while in some jurisdictions a clear distinction is made between the consumer and business debts of an entrepreneur , in other jurisdictions making this distinction is more difficult and not common practice . in such jurisdictions , a second chance regime for entrepreneurs might not be effective if the entrepreneur had to go through separate procedures , with different access conditions and discharge periods , to discharge his business personal debts and his non - business personal debts . for these reasons , although this directive does not include binding rules on consumer over - indebtedness , member states should be able to also apply the discharge provisions to consumers .


### the earlier the debtor can detect its financial difficulties and can take appropriate action , the higher the probability of avoiding an impending insolvency or , in case of a business whose viability is permanently impaired , the more orderly and efficient the winding - up process . clear information on the available preventive restructuring procedures as well as early warning tools should therefore be put in place to incentivise debtors who start to experience financial problems to take early action . possible early warning mechanisms should include accounting and monitoring duties for the debtor or the debtor ' s management as well as reporting duties under loan agreements . in addition , third parties with relevant information such as accountants , tax and social security authorities could be incentivised or obliged under national law to flag a negative development . ### the earlier the debtor can detect its financial difficulties and can take appropriate action , the higher the probability of avoiding an impending insolvency or , in case of a business whose viability is permanently impaired , the more orderly and efficient the winding - up process . clear information on the available preventive restructuring procedures as well as early warning tools should therefore be put in place to incentivise debtors who start to experience financial problems to take early action . therefore a system of early warning mechanisms should be established with indicators such as repeated delays with ordinary payments , and should be followed and monitored by , for example , tax and social security authorities , banks or energy providers .


### to ensure that rights which are substantially similar are treated equitably and that restructuring plans can be adopted without unfairly prejudicing the rights of affected parties , affected parties should be treated in separate classes which reflect the class formation criteria under national law . as a minimum , secured and unsecured creditors should always be treated in separate classes . national law may provide that secured claims may be divided into secured and unsecured claims based on collateral valuation . national law may also stipulate specific rules supporting class formation where non - diversified or otherwise especially vulnerable creditors , such as workers or small suppliers , would benefit from such class formation . national laws should in any case ensure that adequate treatment is given to matters of particular importance for class formation purposes , such as claims from connected parties , and should contain rules that deal with contingent claims and contested claims . the judicial or administrative authority should examine class formation when a restructuring plan is submitted for confirmation , but member states could stipulate that such authorities may also examine class formation at an earlier stage should the proposer of the plan seek validation or guidance in advance . ### to ensure that rights which are substantially similar are treated equitably and that restructuring plans can be adopted without unfairly prejudicing the rights of affected parties , affected parties should be treated in separate classes which reflect the class formation criteria under national law . if affected by a restructuring plan , secured and unsecured creditors should always be treated in separate classes . national law may provide that secured claims may be divided into secured and unsecured claims based on collateral valuation . national law may also stipulate specific rules supporting class formation where non - diversified or otherwise especially vulnerable creditors , such as workers or small suppliers , would benefit from such class formation . national laws should in any case ensure that adequate treatment is given to matters of particular importance for class formation purposes , such as claims from connected parties , and should contain rules that deal with contingent claims and contested claims . the judicial or administrative authority should examine class formation when a restructuring plan is submitted for confirmation , but member states could stipulate that such authorities may also examine class formation at an earlier stage should the proposer of the plan seek validation or guidance in advance .


### requisite majorities should be established by national law to ensure that a minority of affected parties in each class cannot obstruct the adoption of restructuring plan which does not unfairly reduce their rights and interests . without a majority rule binding dissenting secured creditors , early restructuring would not be possible in many cases , for example where a financial restructuring is needed but the business is otherwise viable . to ensure that parties have a say on the adoption of restructuring plans proportionate to the stakes they have in the business , the required majority should be based on the amount of the creditors ' claims or equity holders ' interests in any given class . ### requisite majorities should be established by national law to ensure that a minority of affected parties in each class cannot obstruct the adoption of restructuring plan which does not unfairly reduce their rights and interests . without a majority rule binding dissenting creditors , early restructuring would not be possible in many cases , for example where a financial restructuring is needed but the business is otherwise viable . to ensure that parties have a say on the adoption of restructuring plans proportionate to the stakes they have in the business , the required majority should be based on the amount of the creditors ' claims or equity holders ' interests in any given class .


### ' executory contracts ' means contracts between the debtor and one or more creditors under which both sides still have obligations to perform at the moment the stay of individual enforcement actions is ordered ; ### ' executory contracts ' means contracts , excluding financial facilities such as undrawn credit facilities , revolving credit lines and offers for financing , between the debtor and one or more creditors under which both sides still have obligations to perform at the moment the stay of individual enforcement actions is ordered ;


### member states shall ensure that , where there is likelihood of insolvency , debtors in financial difficulty have access to an effective preventive restructuring framework that enables them to restructure their debts or business , restore their viability and avoid insolvency . ### member states shall ensure that , where there is a preponderance of probability of insolvency , debtors in financial difficulty have access to an effective preventive restructuring framework that enables them to restructure their debts or business , restore their viability and avoid insolvency . member states shall ensure that the viability of the debtor is proven .


### member states shall put in place provisions limiting the involvement of a judicial or administrative authority to where it is necessary and proportionate so that rights of any affected parties are safeguarded . ### member states shall put in place provisions limiting the involvement of a judicial or administrative authority to where it is necessary and proportionate so that rights of any affected parties are safeguarded . as soon as the debtor lodges an application for the intervention of a judicial authority , the proceedings should be treated as court proceedings .


### preventive restructuring frameworks shall be available on the application by debtors , or by creditors with the agreement of debtors . ### preventive restructuring frameworks shall be available on the application only by debtors .


### member states shall ensure that debtors accessing preventive restructuring procedures remain totally or at least partially in control of their assets and the day - to - day operation of the business . ### member states shall ensure that debtors accessing preventive restructuring procedures remain totally or at least partially in control of their assets and the day - to - day operation of the business , without prejudice to specific legislation , such as directive 2002 / 47 / ec of the european parliament and of the council on financial collateral arrangements .


### member states shall limit the duration of the stay of individual enforcement actions to a maximum period of no more than four months . ### member states shall limit the duration of the stay of individual enforcement actions to a maximum period of no more than three months . however , in case of financial contracts and netting arrangements that period shall not exceed 48 hours .


### the continuation of the stay of individual enforcement actions does not unfairly prejudice the rights or interests of any affected parties . ### the continuation of the stay of individual enforcement actions does not unfairly prejudice the rights or interests of any affected parties . member states shall set the particular conditions that the debtor would have to comply with in order to extend the stay or grant a new period of stay .


### the total duration of the stay of individual enforcement actions , including extensions and renewals , shall not exceed twelve months . ### the total duration of the stay of individual enforcement actions , including extensions and renewals , shall not exceed twelve months . a stay exceeding three months shall require the consent of secured creditors who are affected by the plan .


### member states shall ensure that , during the stay period , creditors to which the stay applies may not withhold performance or terminate , accelerate or in any other way modify executory contracts to the detriment of the debtor for debts that came into existence prior to the stay . member states may limit the application of this provision to essential contracts which are necessary for the continuation of the day - to - day operation of the business . ### without prejudice to specific legislation , such as directive 2002 / 47 / ec of the european parliament and of the council on financial collateral arrangements , member states shall ensure that , during the stay period , unsecured creditors to which the stay applies may not withhold performance or terminate , accelerate or in any other way modify executory and essential contracts which are necessary for the continuation of the day - to - day operation of the business to the detriment of the debtor for debts that came into existence prior to the stay , provided that the debtor complies with its obligations under such contracts .


### a valuation of the present value of the debtor or the debtor ' s business as well as a reasoned statement on the causes and the extent of the financial difficulties of the debtor ; ### a valuation of the present value of the debtor or the debtor ' s business as well as an expected liquidation valuation of the debtor or the debtor ' s business , all prepared by a judicial expert , and a reasoned statement on the causes and the extent of the financial difficulties of the debtor ;


### an opinion or reasoned statement by the person responsible for proposing the restructuring plan which explains why the business is viable , how implementing the proposed plan is likely to result in the debtor avoiding insolvency and restore its long - term viability , and states any anticipated necessary pre - conditions for its success . ### an opinion or reasoned statement by the person responsible for proposing the restructuring plan , with that person being determined by each member state , which explains why the business is viable , how implementing the proposed plan is likely to result in the debtor avoiding insolvency and restore its long - term viability , and states any anticipated necessary pre - conditions for its success .


### member states shall ensure that affected parties are treated in separate classes which reflect the class formation criteria . classes shall be formed in such a way that each class comprises claims or interests with rights that are sufficiently similar to justify considering the members of the class a homogenous group with commonality of interest . as a minimum , secured and unsecured claims shall be treated in separate classes for the purposes of adopting a restructuring plan . member states may also provide that workers are treated in a separate class of their own . ### member states may provide that affected parties are treated in separate classes which reflect the class formation criteria . classes may be formed in such a way that each class comprises claims or interests with rights that are sufficiently similar to justify considering the members of the class a homogenous group with commonality of interest . if affected by a restructuring plan , secured claims may be treated in a separate class for the purposes of adopting a restructuring plan . member states may also provide that workers are treated in a separate class of their own .


### a restructuring plan shall be deemed to be adopted by affected parties , provided that a majority in the amount of their claims or interests is obtained in each and every class . member states shall lay down the required majorities for the adoption of a restructuring plan , which shall be in any case not higher than 75% in the amount of claims or interests in each class . ### a restructuring plan shall be deemed to be adopted by affected parties , provided that a majority in the amount of their claims or interests is obtained in each and every class . member states shall lay down the required majorities for the adoption of a restructuring plan , which shall be in any case not higher than 75% , or 80% in the case of secured creditors , in the amount of claims or interests in each class .


### has been approved by at least one class of affected creditors other than an equity - holder class and any other class which , upon a valuation of the enterprise , would not receive any payment or other consideration if the normal ranking of liquidation priorities were applied ; ### has been approved by those classes of the affected creditors representing the majority in amount of the claims , which would receive any payment or other consideration if the normal ranking of liquidation were applied .


### a liquidation value shall be determined by the judicial or administrative authority where a restructuring plan is challenged on the grounds of an alleged breach of the best interest of creditors test . ### an alternative value shall be determined by the judicial or administrative authority where a restructuring plan is challenged on the grounds of an alleged breach of the best interest of creditors test .


### the date on which the judicial or administrative authority decided on the application to open such a procedure , in the case of a procedure ending with the liquidation of an over - indebted entrepreneur ' s assets ; or ### the date on which the judicial or administrative authority decided on the application to open such a procedure , in the case of a procedure ending with the liquidation of an over - indebted entrepreneur ' s assets , as described in&#160 ; paragraph 2 of article 19 of this directive ; or


### the ceas is based on common minimum standards for asylum procedures , recognition and protection offered at union level , reception conditions and a system for determining the member state responsible for asylum seekers . notwithstanding progress on the ceas , there are still significant disparities between the member states in the granting of international protection and in the form that such international protection takes . those disparities should be addressed by ensuring greater convergence in the assessment of applications for international protection and by guaranteeing a high and uniform level of application of union law across the union . ### the ceas is based on common minimum standards for asylum procedures , recognition and protection offered at union level , reception conditions and a system for determining the member state responsible for asylum seekers . notwithstanding progress on the ceas , there are significant differences between the member states in the granting of international protection and in the form that such international protection takes , due to variations in regional and geopolitical challenges . those disparities should be addressed by ensuring greater cooperation in the assessment of applications for international protection and by guaranteeing a high level of application and efficient enforcement of union and international law across the union based on best practices and better involvement of regional actors .


### the tasks of the european asylum support office should be expanded , and to reflect those changes , it should be renamed european union agency for asylum . the agency should be a centre of expertise and its main role should be to strengthen practical cooperation and information exchange among member states on asylum , promote union law and operational standards to ensure a high degree of uniformity as regards asylum procedures , reception conditions and the assessment of protection needs across the union , monitor the operational and technical application of union law and standards as regards asylum , support the dublin system and provide increased operational and technical support to member states for the management of the asylum and reception systems , in particular those whose systems are subject to disproportionate pressure . ### the tasks of the european asylum support office should be targeted , and to reflect those changes , it should be renamed european union agency for asylum . the agency should be a centre of expertise and its main role should be to strengthen and encourage practical cooperation and information exchange on best practices among member states on asylum , promote union law and operational standards to ensure increased operational and technical support to member states for the management of the asylum and reception systems , in particular those whose systems are subject to disproportionate pressure , increased coordination between frontex and member states with a view to acting more effectively in the protection of the union’s external borders and with a view to preventing unmanageable situations of migratory pressure , strengthening the combating of trafficking in human beings and managing secondary movements in a regulated way .


### the european union agency for asylum , in close cooperation with the commission and without prejudice to the commission ' s responsibility as guardian of the treaties , should establish a mechanism to monitor and assess the implementation of the ceas , the compliance by member states with operational standards , guidelines and best practices on asylum and to verify the functioning of the asylum and reception systems of member states . the monitoring and assessment should be comprehensive and should be based , in particular , on information provided by member states , information analysis on the situation of asylum developed by the agency , on - site visits and case sampling . the agency should report its findings to the management board which in turn should adopt the report . the executive director should , after consultation with the commission , make draft recommendations to the member state concerned outlining the necessary measures to address serious shortcomings , which in turn shall be adopted by the management board as recommendations . ### the european union agency for asylum , in close cooperation with the commission and without prejudice to the commission ' s responsibility as guardian of the treaties , should establish a mechanism to monitor and assess the implementation of the ceas , the compliance by member states with operational standards , guidelines and best practices on asylum and to verify the functioning of the asylum and reception systems of member states . the monitoring and assessment should be comprehensive and should be based , in particular , on information provided by member states , international organisations and non - governmental organisations at national or union level and relevant united nations human rights treaty monitoring bodies and council of europe human rights monitoring mechanisms , information analysis on the situation of asylum developed by the agency , on - site visits , exchange with national authorities and experts , as well as case sampling . the agency should report its findings to the management board which in turn should adopt the report . the executive director should , after consultation with the commission , provide the member state with recommendations concerned outlining the necessary measures to address serious shortcomings , which in turn shall be adopted by the management board as recommendations .


### for member states that are faced with specific and disproportionate pressure on their asylum and reception systems due , in particular , to their geographical or demographic situation , the european union agency for asylum should support the development of solidarity within the union and assist in the better relocation of beneficiaries of international protection among member states , while ensuring that asylum and reception systems are not abused . ### for member states that are faced with specific and disproportionate pressure on their asylum and reception systems due , in particular , to their geographical , economic or demographic situation , the european union agency for asylum should support the development of solidarity within the union and the fair sharing of responsibility , assisting in the fastest possible relocation of applicants for and beneficiaries of international protection among member states , while ensuring that asylum and reception systems are not abused and supporting member states affected in their efforts to prevent abuse through illegal migration .


### the commission and the member states should be represented on the management board of the european union agency for asylum in order to exercise a policy and political oversight over its workings . the management board should , where possible , consist of the operational heads of the member states ' asylum administrations or their representatives . it should be given the necessary powers , in particular to establish the budget , verify its execution , adopt the appropriate financial rules , establish transparent working procedures for decision - making by the agency , and appoint an executive director and deputy executive director . the agency should be governed and operated in line with the principles of the common approach on union decentralised agencies adopted on 19 july 2012 by the european parliament , the council and the european commission . ### the commission , the european parliament , and the member states should be represented on the management board of the european union agency for asylum in order to exercise a policy and political oversight and scrutiny over its workings . the management board should include a representative of the unhcr , the european agency for fundamental rights and , where possible , consist of the operational heads of the member states ' asylum administrations or their representatives . it should be given the necessary powers , in particular to establish the budget , verify its execution , adopt the appropriate financial rules , establish transparent working procedures for decision - making by the agency , and appoint an executive director and deputy executive director . the agency should be governed and operated in line with the principles of the common approach on union decentralised agencies adopted on 19 july 2012 by the european parliament , the council and the european commission .


### monitor and assess the implementation of the ceas as well as the asylum and reception systems of member states ; ### in accordance with the applicable union law , monitor and assess the implementation of the ceas in relation to the asylum and reception systems of member states , which are to be supported at the request of any member state ;


### the agency shall , at the request of member states , assist them to apply the operational standards , guidelines and best practices to their asylum and reception systems by providing the necessary expertise or operational and technical assistance . ### the agency shall , at the request of member states , assist them to apply the technical operational standards , guidelines and best practices to their asylum and reception systems by providing the necessary expertise or operational and technical assistance .


### regarding assistance with applications for international protection , including as regards the examination of such applications , specific information on the tasks that the asylum support teams or the experts from the asylum intervention pool may perform as well as reference to applicable national and union law ; ### regarding assistance with applications for international protection , which excludes the examination of such applications , specific information on the tasks that the asylum support teams or the experts from the asylum intervention pool may perform as well as reference to applicable national and union law ;


### for the purposes of paragraph 3 , the executive director shall , within two working days from the date of adoption of the commission decision , determine the actions needed to be taken for the practical execution of the measures identified in the commission decision . in parallel , the executive director and the member state concerned shall agree on the operational plan . ### for the purposes of paragraph 3 , the executive director shall , within two working days from the date of adoption of the council decision , determine the actions needed to be taken for the practical execution of the measures identified in the decision . in parallel , the executive director and the member state concerned shall agree on the operational plan .


### when handling applications for international protection from children or vulnerable persons , upon request of member states , as referred to in article 13 and article 16 and ; ### when handling applications for international protection from children or vulnerable persons , upon request of member states , as referred to in article 13 and article 16 ;


### no later than three years from the day of entry into force of this regulation , and every five years thereafter , the commission shall commission an evaluation to assess , in particular , the agency ' s performance in relation to its objectives , mandate and tasks . that evaluation shall cover the agency ' s impact on practical cooperation on asylum - related matters and on the ceas . the evaluation shall take due regard of progress made , within its mandate , including assessing whether additional measures are necessary to ensure effective solidarity and sharing of responsibilities with member states subject to particular pressure . ### no later than three years from the day of entry into force of this regulation , and every five years thereafter , the commission shall commission an evaluation to assess , in particular , the agency ' s performance in relation to its objectives , mandate and tasks . that evaluation shall cover the agency ' s impact on practical cooperation on asylum - related matters and on the ceas . the evaluation shall take due regard of progress made , within its mandate .


### the investment committee shall be composed of six independent experts and the managing director . independent experts shall have a high level of relevant market experience in project finance and be appointed by the steering board for a renewable fixed term of three years . ### the investment committee shall be composed of eight independent experts and the managing director . independent experts shall have a high level of relevant market experience in project finance in general , and where possible also specifically in the policy areas referred to article 5a . they shall be appointed by the steering board for a renewable fixed term of up to three years and not exceeding six years in total .


### provided that all relevant eligibility criteria are fulfilled , member states may use european structural and investment funds to contribute to the financing of eligible projects in which the eib is investing with the support of the eu guarantee . ### member states may use european structural and investment funds to contribute to the financing of eligible projects in which the eib is investing with the support of the eu guarantee .


### in accordance with its own transparency policies on access to documents and information , the eib shall make publicly available on its website information relating to all eib financing and investment operations and how they contribute to the general objectives referred to in article 5 . ### in accordance with its own transparency policies on access to documents and information , the eib shall make publicly available on its website information relating to all eib financing and investment operations and how they contribute to the general objectives and other eligibility criteria referred to in article 5a .


### pursuant to article 20 of directive 2006 / 123 / ec of the european parliament and of the council17 , member states are to ensure that service providers established in the union do not treat recipients of services differently on the basis of their nationality or place of residence . however , that provision has not been fully effective in combatting discrimination and it has not sufficiently reduced legal uncertainty , particularly because of the possibility to justify the differences in treatment for which it allows and the corresponding difficulties in enforcing it in practice . moreover , geo - blocking and other forms of discrimination based on nationality , place of residence or place of establishment can also arise as a consequence of actions by traders established in third countries , which fall outside the scope of that directive . __________________ 17 directive 2006 / 123 / ec of the european parliament and of the council of 12 december 2006 on services in the internal market . ### pursuant to article 20 of directive 2006 / 123 / ec of the european parliament and of the council17 , member states are to ensure that service providers established in the union do not treat recipients of services differently on the basis of their nationality or place of residence . however , that provision has not been fully effective in combatting discrimination and it has not sufficiently reduced legal uncertainty , particularly because of the possibility to justify the differences in treatment for which it allows and the corresponding difficulties in enforcing it in practice . moreover , geo - blocking and other forms of unjustified discrimination based on nationality , place of residence or place of establishment can also arise as a consequence of actions by traders established in third countries , which fall outside the scope of that directive . __________________ 17 directive 2006 / 123 / ec of the european parliament and of the council of 12 december 2006 on services in the internal market .


### in all those situations , by virtue of the provisions on the law applicable to contractual obligations and on jurisdiction set out in regulations no 593 / 2008 and 1215 / 2012 , where a trader does not pursue his activities in the member state of the consumer or does not direct his activities there , or where the customer is not a consumer , compliance with this regulation does not imply any additional costs for the trader associated with jurisdiction or differences in applicable law . where , in contrast , a trader does pursue his activities in the consumer ' s member state or does direct his activities there , the trader has manifested its intention to establish commercial relations with consumers from that member state and thus been able to take account of any such costs . ### furthermore , that prohibition should not be understood as affecting the application of any territorial or other limitation on after sale customer assistance or after - sales services offered by the trader to the customer . nor should it be understood as entailing an obligation to cover any additional costs of postage and transport beyond the contractually agreed place of delivery where the consumer picked up the good , where pursuant to directive 1999 / 44 / ec of the european parliament and of the council1a the trader is to provide for , free of charge , repair or replacement of a defective good or where the trader is to bear the cost of returning such a good following the exercise of the consumer ' s right of withdrawal pursuant to directive 2011 / 83 / eu of the european parliament and of the council1b . this regulation should therefore not be understood as providing for an obligation to deliver goods cross - border to another member state where the trader would not otherwise offer the possibility of such delivery to its customers , nor for an obligation to accept to take back goods in another member state , or bear additional costs in this regard , where the trader would otherwise not be under such an obligation . _______________ 1a directive 1999 / 44 / ec of the european parliament and of the council of 25 may 1999 on certain aspects of the sale of consumer goods and associated guarantees . 1b directive 2011 / 83 / eu of the european parliament and of the council of 25 october 2011 on consumer rights , amending council directive 93 / 13 / eec and directive 1999 / 44 / ec of the european parliament and of the council and repealing council directive 85 / 577 / eec and directive 97 / 7 / ec of the european parliament and of the council .


### traders shall not , for reasons related to the nationality , place of residence or place of establishment of the customer , redirect customers to a version of their online interface that is different from the online interface which the customer originally sought to access , by virtue of its layout , use of language or other characteristics that make it specific to customers with a particular nationality , place of residence or place establishment , unless the customer gives his or her explicit consent prior to such redirection . ### traders shall not , for reasons related to the nationality , place of residence or place of establishment of the customer , redirect customers to a version of their online interface that is different from the online interface which the customer initially sought to access , by virtue of its layout , use of language or other characteristics that make it specific to customers with a particular nationality , place of residence or place establishment , unless the trader has provided the consumer with clear information concerning such redirection .


### the prohibition set out in paragraph 1 shall not preclude traders ' possibility to request charges for the use of a card - based payment instrument for which interchanges fees are not regulated under chapter ii of regulation 2015 / 751 and for those payment services to which regulation no 260 / 2012 does not apply . those charges shall not exceed the costs borne by the trader for the use of the payment instrument . ### the prohibition set out in paragraph 1 shall not preclude traders ' possibility to request charges for the use of a card - based payment instrument for which interchanges fees are not regulated under chapter ii of regulation 2015 / 751 and for those payment services to which regulation no 260 / 2012 does not apply . those charges shall not exceed the costs borne by the trader for the use of the payment instrument . the charges may include both direct and indirect costs borne by the trader , such as transaction fees charged on electronic payments .


### agreements imposing on traders obligations , in respect of passive sales , to act in violation of this regulation shall be automatically void . ### provisions of agreements imposing on traders obligations , in respect of passive sales , within the meaning of regulation no 330 / 2010 , which are not in accordance with article 101 tfeu and with regulation no 330 / 2010 , to act in violation of this regulation shall be automatically null and void .


### each member state shall designate a body or bodies responsible for the enforcement of this regulation . member states shall ensure that adequate and effective means exist with the body or bodies designated in order to enforce compliance with this regulation . ### each member state shall designate an existing body or bodies responsible for the enforcement of this regulation with regard to traders and customers . without prejudice to other information and cooperation mechanisms , those bodies shall be responsible for ensuring cross - border cooperation with bodies in other member states through the appropriate means . member states shall ensure that adequate and effective means exist with the body or bodies designated in order to enforce compliance with this regulation .


### the commission shall be empowered to adopt delegated acts in accordance with article 38a in order to establish detailed criteria on the application of the conditions laid down in paragraph 1 to specific substances or objects . ### the council and the european parliament shall , by means of the ordinary legislative procedure , and with assistance of the commission , establish detailed criteria on the application of the conditions laid down in paragraph 1 to specific substances or objects .


### in the context of evolving migratory challenges in the european union , as well as security concerns , preserving the careful balance between free movement of persons on the one hand , and security on the other is of utmost importance . the union ' s objective of ensuring a high level of security within an area of freedom , security and justice pursuant to article 67 of the treaty on the functioning of the union should be achieved , among others , through common measures on the crossing of internal borders by persons and on border controls at external borders and the common visa policy . ### in the context of evolving migratory challenges in the european union , as well as security concerns , preserving the careful balance between free movement of persons on the one hand , and security on the other is of utmost importance . the union ' s objective of ensuring a high level of security within an area of freedom , security and justice pursuant to article 67 of the treaty on the functioning of the union should be achieved , among others , through common measures on the crossing of internal borders by persons and on border controls at external borders .


### to preserve the integrity of the schengen area and to strengthen its functioning , member states have , since 6 april 2017 , been obliged to carry out systematic checks against relevant databases on eu citizens who are crossing the eu’s external borders . furthermore , the commission issued a recommendation to member states to make better use of police checks and cross - border cooperation . ### to reinforce security of eu ' s external borders and to preserve the integrity of the schengen area , member states have , since 6 april 2017 , been obliged to carry out systematic checks against relevant databases on eu citizens who are crossing the eu’s external borders , in addition to the systematic checks already being carried out on all third - country nationals entering the schengen zone . furthermore , the commission issued a recommendation to member states to make better use of police checks and cross - border cooperation .


### the instrument should contribute to supporting operating costs related to border management , common visa policy and large - scale it systems and should thereby enable member states to maintain capabilities which are crucial for the union as a whole . such support consists of full reimbursement of specific costs related to the objectives of the instrument and should form an integral part of the member states’ programmes . ### the instrument should contribute to supporting operating costs related to border management and large - scale it systems and should thereby enable member states to maintain capabilities which are crucial for the union as a whole . such support consists of full reimbursement of specific costs related to the objectives of the instrument and should form an integral part of the member states’ programmes .


### principle 7 of the european pillar of social rights , proclaimed at gothenburg on 17 november 2017 , provides that workers have the right to be informed in writing at the start of employment about their rights and obligations resulting from the employment relationship , including any probationary period , and that they have the right to access to effective and impartial dispute resolution and , in case of unjustified dismissal , a right to redress , including adequate compensation . principle 5 provides that regardless of the type and duration of the employment relationship , workers have the right to fair and equal treatment regarding working conditions , access to social protection and training , that employment relationships that lead to precarious working conditions is to be prevented , including by prohibiting abuse of atypical contracts , that any probationary period should be of reasonable duration and that the transition towards open - ended forms of employment is to be fostered . ### the european pillar of social rights , proclaimed at gothenburg on 17 november 2017 , states that the principles should be implemented at both union level and member state level within their respective competences , taking due account of different socio - economic environments and the diversity of national systems , including the role of social partners , and in accordance with the principles of subsidiarity and proportionality . at union level , the european pillar of social rights does not entail an extension of the union’s powers and tasks as conferred by the treaties . it should be implemented within the limits of those powers . the european pillar of social rights respects the diversity of the cultures and traditions of the peoples of europe , as well as the national identities of the member states and the organisation of their public authorities at national , regional and local levels . in this context , principle 7 of the pillar , provides that workers have the right to be informed in writing at the start of employment about their rights and obligations resulting from the employment relationship , including any probationary period , and that they have the right to access to effective and impartial dispute resolution and , in case of unjustified dismissal , a right to redress , including adequate compensation . principle 5 provides that regardless of the type and duration of the employment relationship , workers have the right to fair and equal treatment regarding working conditions , access to social protection and training , that employment relationships that lead to precarious working conditions is to be prevented , including by prohibiting abuse of atypical contracts , that any probationary period should be of reasonable duration and that the transition towards open - ended forms of employment is to be fostered .


### since the adoption of council directive 91 / 533 / eec , 33 labour markets have undergone far - reaching changes due to demographic developments and digitalisation leading to the creation of new forms of employment , which have supported job creation and labour market growth . new forms of employment are often not as regular or stable as traditional employment relationships and lead to reduced predictability for the workers concerned , creating uncertainty as to applicable rights and social protection . in this evolving world of work , there is therefore an increased need for workers to be fully informed about their essential working conditions , which should occur in a written form and in a timely manner . in order adequately to frame the development of new forms of employment , workers in the union should also be provided with a number of new minimum rights aimed at promoting security and predictability in employment relationships while achieving upward convergence across member states and preserving labour market adaptability . __________________ 33 council directive 91 / 533 / ec of 14 october 1991 on an employer ' s obligation to inform employees of the conditions applicable to the contract or employment relationship . ### since the adoption of council directive 91 / 533 / eec , 33 labour markets have undergone far - reaching changes due to demographic developments and digitalisation leading to the creation of new forms of employment , which have supported job creation and labour market growth . new forms of employment are often not as regular as traditional employment relationships and can lead to reduced predictability for the employee concerned , creating uncertainty as to applicable rights and social protection . in this evolving world of work , there is therefore an increased need for employees to be fully informed about their essential working conditions while at the same time maintaining certain degree of flexibility in employment relationships . __________________ 33 council directive 91 / 533 / ec of 14 october 1991 on an employer ' s obligation to inform employees of the conditions applicable to the contract or employment relationship .


### minimum requirements relating to information on the essential aspects of the employment relationship and relating to working conditions that apply to every worker should therefore be established at union level in order to guarantee all workers in the union an adequate degree of transparency and predictability as regards their working conditions . ### while fully respecting the principles of subsidiarity and proportionality , minimum requirements relating to information on the essential aspects of the employment relationship and relating to working conditions that apply to every employee should therefore be established in order to guarantee all employees in the union an adequate degree of transparency and predictability as regards their working conditions .


### directive 91 / 533 / eec introduced a minimum list of essential aspects on which workers have to be informed in writing . it is necessary to adapt that list in order to take account of developments on the labour market , in particular the growth of non - standard forms of employment . ### directive 91 / 533 / eec introduced a minimum list of essential aspects on which every paid employee having a contract or employment relationship defined by the law in force in a member state and / or governed by the law in force in a member state have to be informed in writing . it is necessary to adapt that list in order to take account of developments on the labour market .


### information on remuneration to be provided should include all elements of the remuneration , including contributions in cash or kind , directly or indirectly received by the worker in respect of his or her work . the provision of such information should be without prejudice to the freedom for employers to provide for additional elements of remuneration such as one - off payments . the fact that elements of remuneration due by law or collective agreement have not been included in that information should not constitute a reason for not providing them to the worker . ### information on remuneration to be provided should include all elements of the remuneration , including contributions in cash or kind , directly or indirectly received by the employee in respect of his or her work . the provision of such information should be without prejudice to the freedom for employers to provide for additional elements of remuneration such as one - off payments . the fact that elements of remuneration due by law or collective agreement have not been included in that information should not constitute a reason for not providing them to the employee .


### workers should have the right to be informed about their rights and obligations resulting from the employment relationship in writing at the start of employment . the relevant information should therefore reach them at the latest on the first day of the employment . ### employees should have the right to be informed about their rights and obligations resulting from the employment relationship in writing , in paper form or electronically . the relevant information should therefore reach them at the latest within the first 15 days of the employment .


### probationary periods allow employers to verify that workers are suitable for the position for which they have been engaged while providing them with accompanying support and training . such periods may be accompanied by reduced protection against dismissal . any entry into the labour market or transition to a new position should not be subject to prolonged insecurity . as established in the european pillar of social rights , probationary periods should therefore be of reasonable duration . a substantial number of member states have established a general maximum duration of probation between three and six months , which should be considered reasonable . probationary periods may be longer than six months where this is justified by the nature of the employment such as for managerial positions and where this is in the interest of the worker , such as in the case of long illness or in the context of specific measures promoting permanent employment notably for young workers . ### probationary periods allow employers to verify that employees are suitable for the position for which they have been engaged while providing them with accompanying support and training . such periods may be accompanied by reduced protection against dismissal . any entry into the labour market or transition to a new position should not be subject to prolonged insecurity . as established in the european pillar of social rights , probationary periods should therefore be of reasonable duration . a substantial number of member states have established a general maximum duration of probation between three and six months , which should be considered reasonable . some member states do not link employment protection to probationary periods . in such a case , it is important to allow for appropriate flexibility for an extension of a probationary period where an employer wishes to offer an extension as a ' second chance ' to the employee . probationary periods may be longer than six months where this is justified by the nature of the employment such as for managerial positions and where this is in the interest of the employee , such as in the case of long illness or in the context of specific measures promoting permanent employment notably for young people .


### workers whose work schedule is mostly variable should benefit from a minimum predictability of work where the work schedule is mainly determined by the employer , be it directly – for instance by allocating work assignments – or indirectly – for instance by requiring the worker to respond to clients ' requests . ### employees whose work schedule is mostly variable should benefit from a minimum predictability of work where the work schedule is mainly determined by the employer , be it directly – for instance by allocating work assignments – or indirectly – for instance by requiring the employee to respond to clients ' requests .


### a reasonable minimum advance notice , understood as the period of time between the moment a worker is informed about a new work assignment and the moment the assignment starts , constitutes another necessary element of predictability of work for employment relationships with work schedule which are variable or mostly determined by the employer . the length of the advance notice period may vary according to the needs of sectors , while ensuring adequate protection of workers . it applies without prejudice to directive 2002 / 15 / ec of the european parliament and of the council . 40 __________________ 40 directive 2002 / 15 / ec of the european parliament and of the council of 11 march 2002 on the organisation of the working time of persons performing mobile road transport activities . ### a reasonable minimum advance notice , understood as the period of time between the moment an employee is informed about a new work assignment and the moment the assignment starts , constitutes another necessary element of predictability of work for employment relationships with work schedule which are variable or mostly determined by the employer . the length of the advance notice period may vary according to the needs of sectors , while ensuring adequate protection . it applies without prejudice to directive 2002 / 15 / ec of the european parliament and of the council . 40 __________________ 40 directive 2002 / 15 / ec of the european parliament and of the council of 11 march 2002 on the organisation of the working time of persons performing mobile road transport activities .


### where employers have the possibility to offer full - time or open - ended labour contracts to workers in non - standard forms of employment , a transition to more secure forms of employment should be promoted . workers should be able to request another more predictable and secure form of employment , where available , and receive a written response from the employer , which takes into account the needs of the employer and of the worker . ### where employers have the possibility to offer full - time or open - ended labour contracts to employees in non - standard forms of employment , a transition to more secure forms of employment should be promoted . employees should be able to request another more predictable and secure form of employment , where available , and receive a written response from the employer , which takes into account the needs of the employer and of the employee .


### where employers are required by legislation or collective agreements to provide training to workers to carry out the work for which they are employed , it is important to ensure that such training is provided equally , including to those in non - standard forms of employment . the costs of such training should not be charged to the worker nor withheld or deducted from the worker ' s remuneration . ### where employees are required by their employers , legislation or collective agreements to undertake training in order to carry out the work for which they are employed , it is important to ensure that such training is provided equally , including to those in non - standard forms of employment . the costs of such training should not be charged to the employee nor withheld or deducted from the employee ' s remuneration .


### this directive lays down minimum requirements , thus leaving untouched member states ' prerogative to introduce and maintain more favourable provisions . rights acquired under the existing legal framework should continue to apply , unless more favourable provisions are introduced by this directive . the implementation of this directive cannot be used to reduce existing rights set out in existing national or union legislation in this field nor can it constitute valid grounds for reducing the general level of protection afforded to workers in the field covered by this directive . ### this directive lays down minimum requirements , thus leaving untouched member states ' prerogative to introduce and maintain more favourable provisions . rights acquired under the existing legal framework should continue to apply , unless more favourable provisions are introduced by this directive . the implementation of this directive cannot be used to reduce existing rights set out in existing national or union legislation in this field nor can it constitute valid grounds for reducing the general level of protection afforded to employees in the field covered by this directive .


### the place of work ; where there is no fixed or main place of work , the principle that the worker is employed at various places or is free to determine his or her place of work , and the registered place of business or , where appropriate , the domicile of the employer ; ### the place of work ; where there is no fixed or main place of work , the principle that the employee is employed at various places or is free to determine his or her place of work , and the registered place of business or , where appropriate , the domicile of the employer ;


### the amount of paid leave to which the worker is entitled or , where this cannot be indicated when the information is given , the procedures for allocating and determining such leave ; ### the amount of paid leave to which the employee is entitled or , where this cannot be indicated when the information is given , the procedures for allocating and determining such leave ;


### the procedure , including the length of the period of notice , to be observed by the employer and the worker should their employment relationship be terminated or , where the length of the period of notice cannot be indicated when the information is given , the method for determining such period of notice ; ### the procedure , including the length of the period of notice , to be observed by the employer and the employee should their employment relationship be terminated or , where the length of the period of notice cannot be indicated when the information is given , the method for determining such period of notice ;


### the initial basic amount , any other component elements , the frequency and method of payment of the remuneration to which the worker is entitled ; ### the initial basic amount , any other component elements , the frequency and method of payment of the remuneration to which the employee is entitled ;


### the minimum advance notice the worker shall receive before the start of a work assignment ; ### the minimum advance notice the employee shall receive before the start of a work assignment ;


### any collective agreements governing the worker’s conditions of work ; in the case of collective agreements concluded outside the business by special joint bodies or institutions , the name of the competent body or joint institution within which the agreements were concluded ; ### any collective agreements governing the employees conditions of work ; in the case of collective agreements concluded outside the business by special joint bodies or institutions , the name of the competent body or joint institution within which the agreements were concluded ;


### the information referred to in article 3 shall be provided individually to the worker in the form of a document at the latest on the first day of the employment relationship . that document may be provided and transmitted electronically as long as it is easily accessible by the worker and can be stored and printed . ### the information referred to in article 3 shall in accordance with national law and practice be provided individually to the employee in the form of a document . that document may be provided and transmitted electronically as long as it is easily accessible by the employee and can be stored and printed .


### if the worker is informed by their employer of a work assignment a reasonable period in advance , in accordance with article 3 . ### if the employee is informed by their employer of a work assignment a reasonable period in advance , in accordance with article 3 .


### member states shall ensure that , where a worker has not received in due time all or part of the documents referred to in article 4 , article 5 , or article 6 , and the employer has failed to rectify that omission within 15 days of its notification , one of the following systems shall apply : ### member states shall ensure that , where an employee has not received in due time , as defined by national law and practice , all or part of the documents referred to in article 4 or article 5 , and the employer has failed to rectify that omission within 30 days of its notification , one of the following systems shall apply :


### member states shall introduce measures necessary to protect workers , including workers who are employees ' representatives , from any adverse treatment by the employer or adverse consequences resulting from a complaint lodged with the employer or from any legal proceedings initiated with the aim of enforcing compliance with the rights provided for in this directive . ### member states shall introduce measures necessary to protect employees , including those who are employees ' representatives , from any adverse treatment by the employer or adverse consequences resulting from a complaint lodged with the employer or from any legal proceedings initiated with the aim of enforcing compliance with the rights provided for in this directive .


### member states shall take the necessary measures to prohibit the dismissal or its equivalent and all preparations for dismissal of workers , on the grounds that they exercised the rights provided for in this directive . ### member states shall take the necessary measures to prohibit the dismissal or its equivalent and all preparations for dismissal of employees , on the grounds that they exercised the rights provided for in this directive .


### this directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within member states . ### this directive shall not constitute valid grounds for reducing the general level of protection already afforded to employees within member states .


### persons who are blind , visually impaired or otherwise print disabled continue to face many barriers to accessing books and other print material . the need to increase the number of works and other protected subject - matter in accessible formats available to those persons and improve their circulation and dissemination has been recognised at an international level . the marrakesh treaty to facilitate access to published works for persons who are blind , visually impaired , or otherwise print disabled was signed on behalf of the union on 30 april 201412 . it requires contracting parties to provide exceptions or limitations to the exclusive rights of holders of copyright and related rights for the making and dissemination of copies in accessible formats of certain works and other subject - matter and for the cross - border exchange of those accessible format copies . the beneficiaries of the marrakesh treaty are persons who are blind , visually impaired or have a perceptual or reading disability , including dyslexia , preventing them from reading printed works to the same degree as persons without such disability , or are unable to hold or manipulate a book or to focus and move the eyes to the extent that would be normally acceptable for reading due to a physical disability . _________________ 12 council decision 2014 / 221 / eu of 14 april 2014 on the signing , on behalf of the european union , of the marrakesh treaty to facilitate access to published works for persons who are blind , visually impaired , or otherwise print disabled . ### persons who are blind , visually impaired or otherwise print disabled continue to face many barriers to accessing books and other print material . the need to increase the number of works and other protected subject - matter in accessible formats available to those persons and improve their circulation and dissemination has been recognised at an international level . the marrakesh treaty to facilitate access to published works for persons who are blind , visually impaired , or otherwise print disabled was signed on behalf of the union on 30 april 201412 , having already been adopted by the world intellectual property organization in 2013 . it requires contracting parties to provide exceptions or limitations to the exclusive rights of holders of copyright and related rights for the making and dissemination of copies in accessible formats of certain works and other subject - matter and for the cross - border exchange of those accessible format copies . the beneficiaries of the marrakesh treaty are persons who are blind , visually impaired or have a perceptual or reading disability , including dyslexia , preventing them from reading printed works to the same degree as persons without such disability , or are unable to hold or manipulate a book or to focus and move the eyes to the extent that would be normally acceptable for reading due to a physical disability . _________________ 12 council decision 2014 / 221 / eu of 14 april 2014 on the signing , on behalf of the european union , of the marrakesh treaty to facilitate access to published works for persons who are blind , visually impaired , or otherwise print disabled .


### directive [ … ] endeavours to implement the union ' s obligations under the marrakesh treaty in a harmonised manner in order to improve the availability of accessible format copies for beneficiary persons and their circulation within the internal market . the directive requires member states to introduce a mandatory exception to certain rights of right holders that are harmonised by union law . the objectives of this regulation are to implement the obligations in the marrakesh treaty with respect to the export and import of accessible format copies for the benefit of beneficiary persons between the union and third countries that are parties to the marrakesh treaty , and to lay down the conditions for such export and import . such measures may only be taken at union level as the exchange of accessible format copies of works and other subject - matter concerns the commercial aspects of intellectual property . a regulation is the only appropriate instrument . ### directive [ … ] endeavours to implement the union ' s obligations under the marrakesh treaty in a harmonised manner in order to improve the availability of accessible format copies for beneficiary persons in all eu member states and their circulation within the internal market . the directive requires member states to introduce a mandatory exception to certain rights of right holders that are harmonised by union law . the objectives of this regulation are to implement the obligations in the marrakesh treaty with respect to the export and import of accessible format copies for the benefit of beneficiary persons between the union and third countries that are parties to the marrakesh treaty , and to lay down the conditions for such export and import . such measures may only be taken at union level as the exchange of accessible format copies of works and other subject - matter concerns the commercial aspects of intellectual property . a regulation is the only appropriate instrument .


### the united nations convention on the rights of persons with disabilities , to which the eu is a party , guarantees people with disabilities the right of access to information and the right to participate in cultural , economic and social life on an equal basis with others . the uncrpd requires parties to the convention to take all appropriate steps , in accordance with international law , to ensure that laws protecting intellectual property rights do not constitute an unreasonable or discriminatory barrier to access by persons with disabilities to cultural materials . ### the united nations convention on the rights of persons with disabilities , to which the eu is a party and which is binding for the eu member states , guarantees people with disabilities the right of access to information and the right to participate in cultural , economic and social life on an equal basis with others . the uncrpd requires parties to the convention to take all appropriate steps , in accordance with international law , to ensure that laws protecting intellectual property rights do not constitute an unreasonable or discriminatory barrier to access by persons with disabilities to cultural materials .


### the union ' s rules on novel foods were established by regulation no 258 / 97 of the european parliament and of the council8 and by commission regulation no 1852 / 20019 . those rules need to be updated to simplify the current authorisation procedures and to take account of recent developments in union law . for the sake of clarity of union legislation , regulations no 258 / 97 and no 1852 / 2001 should be repealed and regulation no 258 / 97 should be replaced by this regulation . ____________________ 8 regulation no 258 / 97 of the european parliament and of the council of 27 january 1997 concerning novel foods and novel food ingredients . 9 commission regulation no 1852 / 2001 of 20 september 2001 laying down detailed rules for making certain information available to the public and for the protection of information submitted pursuant to european parliament and council regulation no 258 / 97 . ### the union ' s rules on novel foods were established by regulation no 258 / 97 of the european parliament and of the council8 and by commission regulation no 1852 / 20019 . those rules need to be updated to simplify the current authorisation procedures and to take account of recent developments in union law and technological progress . regulations no 258 / 97 and no 1852 / 2001 should be repealed and replaced by this regulation . ____________________ 8 regulation no 258 / 97 of the european parliament and of the council of 27 january 1997 concerning novel foods and novel food ingredients . 9 commission regulation no 1852 / 2001 of 20 september 2001 laying down detailed rules for making certain information available to the public and for the protection of information submitted pursuant to european parliament and council regulation no 258 / 97 .


### foods which are intended to be used for technological purposes and genetically modified food should not fall within the scope of this regulation as they are already covered by other union rules . therefore , genetically modified food falling within the scope of regulation no 1829 / 2003 of the european parliament and of the council10 , enzymes falling within the scope of regulation no 1332 / 2008 of the european parliament and of the council11 , food used solely as additives falling within the scope of regulation no 1333 / 2008 of the european parliament and of the council12 , flavourings falling within the scope of regulation no 1334 / 2008 of the european parliament and of the council13 and extraction solvents falling within the scope of directive 2009 / 32 / ec of the european parliament and of the council14 should be excluded from the scope of this regulation . ____________________ 10 regulation no 1829 / 2003 of the european parliament and of the council of 22 september 2003 on genetically modified food and feed . 11 regulation no 1332 / 2008 of the european parliament and of the council of 16 december 2008 on food enzymes . 12 regulation no 1333 / 2008 of the european parliament and of the council of 16 december 2008 on food additives . 13 regulation no 1334 / 2008 of the european parliament and of the council of 16 december 2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods . 14 directive 2009 / 32 / ec of the european parliament and of the council of 23 april 2009 on the approximation of the laws of the member states on extraction solvents used in the production of foodstuffs and food ingredients . ### food intended to be used for technological purposes and genetically modified food which is already covered by other union acts should not fall within the scope of this regulation . therefore , genetically modified food falling within the scope of regulation no 1829 / 2003 of the european parliament and of the council10 , food enzymes falling within the scope of regulation no 1332 / 2008 of the european parliament and of the council11 , food used solely as additives falling within the scope of regulation no 1333 / 2008 of the european parliament and of the council12 , food flavourings falling within the scope of regulation no 1334 / 2008 of the european parliament and of the council13 and extraction solvents falling within the scope of directive 2009 / 32 / ec of the european parliament and of the council14 should be excluded from the scope of this regulation . ____________________ 10 regulation no 1829 / 2003 of the european parliament and of the council of 22 september 2003 on genetically modified food and feed . 11 regulation no 1332 / 2008 of the european parliament and of the council of 16 december 2008 on food enzymes . 12 regulation no 1333 / 2008 of the european parliament and of the council of 16 december 2008 on food additives . 13 regulation no 1334 / 2008 of the european parliament and of the council of 16 december 2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods . 14 directive 2009 / 32 / ec of the european parliament and of the council of 23 april 2009 on the approximation of the laws of the member states on extraction solvents used in the production of foodstuffs and food ingredients .


### in order to ensure continuity with the rules laid down in regulation no 258 / 97 , the absence of a use for human consumption to a significant degree within the union before the date of entry into force of that regulation , namely 15 may 1997 , should be maintained as a criterion for a food to be considered as a novel food . a use within the union should also refer to a use in the member states irrespective of the date of accession of the various member states to the union . ### in order to ensure continuity with the rules laid down in regulation no 258 / 97 , one of the criteria for the food to be considered a novel food should continue to be the absence of a use for human consumption to a significant degree within the union before the date of entry into force of that regulation , namely 15 may 1997 . use within the union should also refer to a use in the member states irrespective of the date of accession of the various member states to the union .


### vitamins , minerals and other substances intended to be used in food supplements or to be added to food including infant formula and follow - on formulae , processed cereal - based food and baby food for infants and young children , food for special medical purposes , and total diet replacement for weight control are subject to the rules provided for in directive 2002 / 46 / ec of the european parliament and of the council17 , in regulation no 1925 / 2006 of the european parliament and of the council18 and in regulation no 609 / 2013 of the european parliament and of the council19 . those substances should also be assessed in accordance with the rules laid down in this regulation when they fall within the definition of novel food laid down in this regulation . ____________________ 17 directive 2002 / 46 / ec of the european parliament and of the council of 10 june 2002 on the approximation of the laws of the member states relating to food supplements . 18 regulation no 1925 / 2006 of the european parliament and of the council of 20 december 2006 on the addition of vitamins and minerals and of certain other substances to foods . 19 regulation no 609 / 2013 of the european parliament and of the council of 12 june 2013 on food intended for infants and young children , food for special medical purposes , and total diet replacement for weight control and repealing council directive 92 / 52 / eec , commission directives 96 / 8 / ec , 1999 / 21 / ec , 2006 / 125 / ec and 2006 / 141 / ec , directive 2009 / 39 / ec of the european parliament and of the council and commission regulations no 41 / 2009 and no 953 / 2009 . ### vitamins , minerals and other substances intended to be used in food supplements in accordance to directive 2002 / 46 / ec of the european parliament and of the council17 and regulation no 1925 / 2006 of the european parliament and of the council18 or to be added to food including infant formula and follow - on formulae , processed cereal - based food and baby food for infants and young children , food for special medical purposes , and total diet replacement for weight control subject to regulation no 609 / 2013 of the european parliament and of the council19 , should also be assessed in accordance with this regulation when they fall within the definition of novel food therein . ____________________ 17 directive 2002 / 46 / ec of the european parliament and of the council of 10 june 2002 on the approximation of the laws of the member states relating to food supplements . 18 regulation no 1925 / 2006 of the european parliament and of the council of 20 december 2006 on the addition of vitamins and minerals and of certain other substances to foods . 19 regulation no 609 / 2013 of the european parliament and of the council of 12 june 2013 on food intended for infants and young children , food for special medical purposes , and total diet replacement for weight control and repealing council directive 92 / 52 / eec , commission directives 96 / 8 / ec , 1999 / 21 / ec , 2006 / 125 / ec and 2006 / 141 / ec , directive 2009 / 39 / ec of the european parliament and of the council and commission regulations no 41 / 2009 and no 953 / 2009 .


### if , prior to 15 may 1997 , a food was used exclusively as , or in , a food supplement , as defined in point of article 2 of directive 2002 / 46 / ec , it should be allowed to be placed on the market within the union after that date for the same use without being considered a novel food for the purposes of this regulation . however , that use as , or in , a food supplement should not be taken into account for the assessment of whether the food was used for human consumption to a significant degree within the union before 15 may 1997 . therefore , uses of the food concerned other than in , or as , a food supplement should be subject to this regulation . ### a food used prior to 15 may 1997 exclusively as , or in , a food supplement , as defined in directive 2002 / 46 / ec , should be permitted to be placed on the market within the union after that date for the same use , as it should not be considered to be a novel food for the purposes of this regulation . however , that use as , or in , a food supplement should not be taken into account for the assessment of whether the food was used for human consumption to a significant degree within the union before 15 may 1997 . therefore , uses of the food concerned other than in , or as , a food supplement should be subject to this regulation .


### it should be clarified that foods from third countries which are regarded as novel foods in the union should only be considered as traditional foods from third countries when they are derived from primary production as defined in article 3 of regulation no 178 / 2002 , regardless of whether or not they are processed or unprocessed foods . therefore , where a new production process has been applied to this food or where the food contains or consists of ' engineered nanomaterials ' as defined in article 2 of regulation no 1169 / 2011 , the food should not be considered to be traditional . ### foods from third countries which are regarded as novel foods in the union should only be considered as traditional foods from third countries when they are derived from primary production as defined in regulation no 178 / 2002 , regardless of whether they are processed or unprocessed foods . therefore , where a new production process has been applied to this food , the food should not be considered to be traditional .


### food products produced from food ingredients that do not fall within the scope of this regulation , in particular by changing the ingredients of the food , their composition or amount , should not be considered as novel foods . however , modifications of a food ingredient , such as selective extracts or the use of other parts of a plant , that have so far not been used for human consumption to a significant degree within the union , should fall within the scope of this regulation . ### food produced exclusively from food ingredients that do not fall within the scope of this regulation , in particular by changing the ingredients of the food or their amount , should not be considered to be novel foods . however , modifications of a food ingredient that have not yet been used for human consumption to a significant degree within the union , should fall within the scope of this regulation .


### directive 2001 / 83 / ec of the european parliament and of the council20 applies where a product , taking into account all its characteristics , may fall both within the definition of ' medicinal product ' as laid down in article 1 of that directive and within the definition of a product covered by this regulation . in that respect , where a member state establishes in accordance with directive 2001 / 83 / ec that a product is a medicinal product , it may restrict the placing on the market of that product in accordance with union law . moreover , medicinal products are excluded from the definition of food as laid down in article 2 of regulation no 178 / 2002 and should therefore not fall within the scope of this regulation . ____________________ 20 directive 2001 / 83 / ec of the european parliament and of the council of 6 november 2001 on the community code relating to medicinal products for human use . ### directive 2001 / 83 / ec of the european parliament and of the council20 applies in cases where a product , taking into account all its characteristics , may fall both within the definition of ' medicinal product ' as laid down in that directive and within the definition of a product covered by this regulation . in that respect , where a member state establishes in accordance with directive 2001 / 83 / ec that a product is a medicinal product , it may restrict the placing on the market of that product in accordance with union law . moreover , medicinal products are excluded from the definition of food as laid down in regulation no 178 / 2002 and should therefore not fall within the scope of this regulation . ____________________ 20 directive 2001 / 83 / ec of the european parliament and of the council of 6 november 2001 on the community code relating to medicinal products for human use .