### article 23 responsibilities of the executive director the executive director shall manage the authority . the executive director shall be accountable to the management board . 2 . the executive director shall report to the european parliament on the performance of his or her duties when invited to do so . the council may invite the executive director to report on the performance of his or her duties . 3 . the executive director shall be the legal representative of the authority . 4 . the executive director shall be responsible for the implementation of the tasks assigned to the authority by this regulation . in particular , the executive director shall be responsible for : the day - to - day administration of the authority ; implementing decisions adopted by the management board ; preparing the draft single programming document and submitting it to the management board for approval ; implementing the single programming document and reporting to the management board on its implementation ; preparing the consolidated annual report on the authority ' s activities and presenting it to the management board for assessment and adoption ; preparing an action plan following up on the conclusions of internal or external audit reports and evaluations , as well as investigations by olaf and reporting on progress twice a year to the commission and regularly to the management board ; protecting the financial interests of the union by applying preventive measures against fraud , corruption and any other illegal activities , without prejudicing the investigative competence of olaf by effective checks and , if irregularities are detected , by recovering amounts wrongly paid and , where appropriate , by imposing effective , proportionate and dissuasive administrative , including financial penalties ; preparing an anti - fraud strategy for the authority and presenting it to the management board for approval ; preparing the financial rules applicable to the authority and presenting them to the management board ; preparing the authority ' s draft statement of estimates of revenue and expenditure and implementing its budget ; implementing measures established by the management board to comply with obligations on data protection imposed by regulation no 45 / 2001 . 5 . the executive director shall decide whether it is necessary to locate one or more staff in one or more member states . before deciding to establish a local office , the executive director shall obtain the prior consent of the commission , the management board and the member state concerned . the decision shall specify the scope of the activities to be carried out at the local office in a manner that avoids unnecessary costs and the duplication of administrative functions of the authority . a headquarters agreement with the member state concerned may be required . ### article 23 responsibilities of the executive director the executive director shall manage the authority . the executive director shall be accountable to the management board . 2 . the executive director shall report to the european parliament and the commission on the performance of his or her duties when invited to do so . the council may invite the executive director to report on the performance of his or her duties . 3 . the executive director shall be the legal representative of the authority . 4 . the executive director shall be responsible for the implementation of the tasks assigned to the authority by this regulation . in particular , the executive director shall be responsible for : the day - to - day administration of the authority ; implementing decisions adopted by the management board ; preparing the draft single programming document and submitting it to the management board for approval ; implementing the single programming document and reporting to the management board on its implementation ; preparing the consolidated annual report on the authority ' s activities and presenting it to the management board for assessment and adoption ; preparing an action plan following up on the conclusions of internal or external audit reports and evaluations , as well as investigations by olaf and reporting on progress twice a year to the commission , the european parliament and regularly to the management board ; protecting the financial interests of the union by applying preventive measures against fraud , corruption and any other illegal activities , without prejudicing the investigative competence of olaf by effective checks and , if irregularities are detected , by recovering amounts wrongly paid and , where appropriate , by imposing effective , proportionate and dissuasive administrative , including financial penalties ; preparing an anti - fraud strategy for the authority and presenting it to the management board for approval ; preparing the financial rules applicable to the authority and presenting them to the management board ; preparing the authority ' s draft statement of estimates of revenue and expenditure and implementing its budget ; implementing measures established by the management board to comply with obligations on data protection imposed by regulation no 45 / 2001 ; preside over dispute settlement proceedings . 5 . the executive director shall decide whether it is necessary to locate one or more staff in one or more member states , either on a temporary or permanent basis . before deciding to establish a local office , the executive director shall obtain the prior consent of the commission , the management board and the member state concerned . the decision shall specify the primary scope of the activities to be carried out at the local office in a manner that avoids unnecessary costs and the duplication of administrative functions of the authority . a headquarters agreement with the member state concerned shall be required . 5 athe staff located in one or more member states , either on a temporary or permanent basis , shall cooperate with the local authorities of the member states accordingly , however the staff shall always be under the direction of the authority .


### in order to keep track of emerging trends , challenges , or loopholes in the areas of labour mobility and social security coordination , the authority should develop an analytical and risk assessment capacity . this should involve carrying out labour market analyses and studies , as well as peer reviews . the authority should monitor potential imbalances in terms of skills and cross - border labour flows , including their possible impact on territorial cohesion . the authority should also support the risk assessment referred to in article 10 of directive 2014 / 67 / eu . the authority should ensure synergies and complementarity with other union agencies or services or networks . this should include seeking input from solvit and similar services on recurring problems encountered by individuals and businesses in the exercise of their rights in the areas under the scope of the authority . the authority should also facilitate and streamline data collection activities provided for by the relevant union laws within its scope . this does not entail the creation of new reporting obligations for member states . ### in order to keep track of emerging trends , challenges , or loopholes in the areas of labour mobility and social security coordination , the authority should provide a platform for member states to develop an analytical and risk assessment capacity . this should involve carrying out labour market analyses and studies , as well as peer reviews . when making such a risk assessment , the carrying out of large infrastructural projects , the existence of long chains of subcontractors , geographic proximity , the special problems and needs of specific sectors , the past record of infringement , as well as the vulnerability of certain groups of workers may in particular be taken into account . the authority should ensure synergies and complementarity with other union agencies or services or networks . this should include seeking input from solvit and similar services on recurring problems encountered by individuals and businesses in the exercise of their rights in the areas under the scope of the authority . the authority should also facilitate and streamline data collection activities provided for by the relevant union laws within its scope . this does not entail the creation of new reporting obligations for member states .


### article 2 objectives the objective of the authority shall be to contribute to ensuring fair labour mobility in the internal market . to this end , the authority shall : facilitate access for individuals and employers to information on their rights and obligations as well as to relevant services ; support cooperation between member states in the cross - border enforcement of relevant union law , including facilitating joint inspections ; mediate and facilitate a solution in cases of cross - border disputes between national authorities or labour market disruptions . ### article 2 objectives the purpose of the authority shall be to contribute to promoting non - precarious and socially just mobility , in particular labour mobility and cross - border provision of services in the internal market . to this end , the authority shall : facilitate access for individuals , employers and social partners to information on their rights and obligations as well as to relevant services ; promote , improve and support cooperation between member states in their endeavours to inspire better cooperation and the consistent , efficient and effective cross - border enforcement of relevant union law , including providing technical , logistical assistance and training aiming to facilitate joint inspections ; oversee the application of union law in the area of labour mobility , as well as examine breaches of this law such as various forms of social fraud , infringements and abuse of labour mobility rights of mobile workers , including seasonal , frontier and posted workers , discrimination , fraudulent work contracts and trafficking for labour exploitation ; at the request of the member states , mediate between national authorities and help to resolve labour market disruptions , or cross - border enforcement problems , without prejudice to the diversity of national relations systems as well as the autonomy of social partners and the right to collective bargaining ; advise the commission and the member states on tackling unemployment ;


### to increase member states ' capacity to tackle irregularities with a cross - border dimension in relation to union law within its scope , the authority should support the national authorities in carrying out concerted and joint inspections , including by facilitating the implementation of the inspections in accordance with article 10 of directive 2014 / 67 / eu . these should take place at the request of member states or upon their agreement to the authority ' s suggestion . the authority should provide strategic , logistical , and technical support to member states participating in the concerted or joint inspections in full respect of confidentiality requirements . inspections should be carried out in agreement with the member states concerned and take place fully within the legal framework of national law of member states concerned , which should follow up on the outcomes of the concerted and joint inspections according to national law . ### there is a need to improve sincere cooperation among member states ' in order to increase their capacity to tackle breaches of union law with a cross - border dimension . the authority should support the national authorities in combating fraud , improving cooperation , sharing best practices and identifying common principles , including by supporting the implementation of the inspections in accordance with article 10 of directive 2014 / 67 / eu and in accordance with national law and practice . the authority should provide strategic , logistical , and technical support to member states who request it .


### article 13 mediation between member states in the event of disputes between member states regarding the application or interpretation of union law in areas covered by this regulation , the authority may perform a mediation role . 2 . upon request of one of the member states concerned by a dispute , the authority shall launch a mediation procedure before its mediation board set up for this purpose in accordance with article 17 . the authority may also launch a mediation procedure on its own initiative before the mediation board , including on the basis of a referral from solvit , subject to the agreement of all member states concerned by that dispute . 3 . when presenting a case for mediation by the authority , member states shall ensure that all personal data related to that case is anonymised and the authority shall not process the personal data of individuals concerned by the case at any point in the course of the mediation procedure . 4 . cases in which there are ongoing court proceedings at national or union level shall not be admissible for mediation by the authority . 5 . within three months of the conclusion of the mediation by the authority , the member states concerned shall report to the authority on measures they have taken in order to follow - up on it or on the reasons for not taking action in the event that they did not follow - up . 6 . the authority shall report to the commission on a quarterly basis about the outcomes of the mediation cases it handles . ### article 13 mediation between member states in the event of disputes between member states regarding the application or interpretation of union law in areas covered by this regulation , the authority may perform a mediation role , without prejudice to the procedures envisaged by the decision no a1 of 12 june 2009 concerning the establishment of a dialogue and conciliation procedure concerning the validity of documents , the determination of the applicable legislation and the provision of benefits under regulation no 883 / 2004 of the european parliament and the council . 2 . upon request of one of the member states concerned by a dispute , the authority shall launch a mediation procedure before its mediation board set up for this purpose in accordance with article 17 . the authority may also launch a mediation procedure on its own initiative before the mediation board if member states have not been able to resolve the dispute within a reasonable time after its emergence , taking into consideration the nature and specific requirements of each case . member states concerned take actively part in the mentioned procedure and make at disposal any relevant and / or requested information . 2 athe member states shall inform the persons concerned , such as employers , employees , self - employed persons , about the dispute and about the case being brought to the authority . they shall also be consulted and involved throughout the procedure . 3 . for the purposes of the mediation procedure , the member states concerned shall make available all requested and relevant information . when presenting a case for mediation by the authority , member states and all other parties that are heard by the authority or involved in the case shall ensure that all personal data related to that case is anonymised , in accordance with relevant union legislation on data protection and the authority shall not process the personal data of individuals concerned by the case at any point in the course of the mediation procedure or afterwards . 4 . cases in which there are ongoing court proceedings at national or union level shall not be admissible for mediation by the authority . 5 . within three months of the conclusion of successful mediation by the authority , the member states concerned shall report to the authority on measures they have taken in order to follow - up on it or on the reasons for not taking action in the event that they did not follow - up . 5 a . within three months of a decision by the dispute settlement board , the member states concerned shall notify the authority of the measures they have taken in response to the decision or which they have refrained from taking on the basis of the decision . 6 . the authority shall report to the commission , the european parliament and the member states on a quarterly basis about the outcomes of the mediation cases it handles . 6a . should a mediation procedure not have a positive outcome , the authority shall refer the parties in question to the relevant judicial authorities . 6b . at any stage throughout the mediation process , the member states concerned may agree with each other to having the mediation board act as an arbitrator and to be bound by its decision . this agreement shall be formally registered and made public .


### the authority should provide a platform for resolving disputes between member states in relation to the application of union law that falls within its scope . it should build on dialogue and conciliation mechanisms that are currently in place in the area of social security coordination , which are valued by member states60 and their importance is recognised by the court of justice61 . member states should be able to refer cases to the authority for mediation according to standard procedures put in place for this purpose . the authority should only deal with disputes between member states , while individuals and employers facing difficulties with exercising their union rights should continue to have at their disposal the national and union services dedicated to dealing with such cases , such as the solvit network to which the authority should refer such cases . the solvit network should also be able to refer to the authority for its consideration cases in which the problem cannot be solved due to differences between national administrations . __________________ 60 council , partial general approach of 26 october 2017 on the proposal for a regulation amending regulation no 883 / 2004 on the coordination of social security systems and regulation no 987 / 2009 laying down the procedure for implementing regulation no 883 / 2004 13645 / 1 / 17 . 61 case c - 236 / 88 eu : c : 1990 : 303 , paragraph 17 ; case c - 202 / 97 eu : c : 2000 : 75 , paragraphs 57 - 58 ; case c - 178 / 97 eu : c : 2000 : 169 , paragraphs 44 - 45 ; case c - 2 / 05 eu : c : 2006 : 69 , paragraphs 28 - 29 ; case c - 12 / 14 eu : c : 2016 : 135 , paragraphs 39 - 41 ; case c - 359 / 16 eu : c : 2018 : 63 , paragraphs 44 - 45 . ### without prejudice to the role of the administrative commission as set out in regulation no 883 / 2004 , the authority should provide an independent platform for resolving disputes between member states in relation to the application of union law that falls within its scope . it should use existing conciliation mechanisms that are currently in place in the area of social security coordination , which are valued by member states60 and their importance is recognised by the court of justice61 . member states should be able to refer cases to the authority for mediation according to standard procedures which have been agreed and developed by the member states and put in place for this purpose . the authority should only provide a platform for mediation when disputes between member states has been reported by a member states using the standard procedure . individuals and employers facing difficulties with exercising their union rights should continue to have at their disposal the national and union services dedicated to dealing with such cases , such as the solvit network . __________________ 60 council , partial general approach of 26 october 2017 on the proposal for a regulation amending regulation no 883 / 2004 on the coordination of social security systems and regulation no 987 / 2009 laying down the procedure for implementing regulation no 883 / 2004 13645 / 1 / 17 . 61 case c - 236 / 88 eu : c : 1990 : 303 , paragraph 17 ; case c - 202 / 97 eu : c : 2000 : 75 , paragraphs 57 - 58 ; case c - 178 / 97 eu : c : 2000 : 169 , paragraphs 44 - 45 ; case c - 2 / 05 eu : c : 2006 : 69 , paragraphs 28 - 29 ; case c - 12 / 14 eu : c : 2016 : 135 , paragraphs 39 - 41 ; case c - 359 / 16 eu : c : 2018 : 63 , paragraphs 44 - 45 .


### the authority should directly rely on the expertise of relevant stakeholders in the areas under its scope through a dedicated stakeholder group . the members should be representatives of union - level social partners . in carrying out its activities , the stakeholder group will take due account of the opinions and draw on the expertise of the advisory committee for the coordination of social security systems established by regulation no 883 / 2004 and the advisory committee on the free movement of workers established pursuant to regulation no 492 / 2011 . ### the authority should directly rely on the expertise of relevant stakeholders in the areas under its scope through a dedicated stakeholder group . the members should be representatives of union - level and member state - level social partners and civil society organisations as part of the transparent and regular dialogue with representative associations and civil society in accordance with article 11 and teu . in carrying out its activities , the stakeholder group will take due account of the opinions and draw on the expertise of the advisory committee for the coordination of social security systems established by regulation no 883 / 2004 and the advisory committee on the free movement of workers established pursuant to regulation no 492 / 2011 .


### article 6 information on cross - border labour mobility the authority shall improve the availability , quality and accessibility of information offered to individuals and employers to facilitate labour mobility across the union , in accordance with regulation 589 / 2016 on eures and regulation [ single digital gateway – com256 ] . to that end , the authority shall : provide relevant information on the rights and obligations of individuals in cross - border labour mobility situations ; promote opportunities to support the labour mobility of individuals , including through guidance on access to learning and language training ; provide relevant information to employers on labour rules , and the living and working conditions applicable to workers in cross - border labour mobility situations , including posted workers ; support member states in complying with the obligations on the dissemination of and access to information relating to the free movement of workers as laid down in article 6 of directive 2014 / 54 / eu , and to the posting of workers as laid down in article 5 of directive 2014 / 67 / eu ; support member states in improving the accuracy , completeness and user - friendliness of relevant national information services , in accordance with the quality criteria laid down in regulation [ single digital gateway – com256 ] ; support member states in streamlining the provision of information and services to individuals and employers pertaining to cross - border mobility on a voluntary basis , while fully respecting member states ' competences . ### article 6 information on cross - border labour mobility the authority shall improve the availability , quality and accessibility of information offered to individuals , employers and social partners to facilitate fair labour mobility across the union , in accordance with regulation 589 / 2016 on eures and regulation [ single digital gateway – com256 ] . to that end , the authority shall : in cooperation with the relevant national authorities provide in particular employers and social partners , workers and job - seekers with relevant information on all rights and obligations of individuals in cross - border mobility situations , in particular labour mobility and with regard to social security rights and social protection and cross - border provision of services ; finance , provide and organise guidance and consultancy and training , including sector - specific language courses , to support the labour mobility of individuals ; in cooperation with the relevant national authorities , provide relevant information to employers and employees , social partners and relevant stakeholders on current labour rules , and other socio - economic indicators affecting levels of pay applicable to workers in cross - border labour mobility situations , including posted workers ; in all official languages of the union ; provide an indicative wage comparison calculator showing the wage levels of the posted worker in the host member state during the posting period ; cooperate closely with the member states and relevant national authorities to ensure compliance with the obligations on the dissemination of and access to information relating to the free movement of workers as laid down in article 6 of directive 2014 / 54 / eu , and to the posting of workers as laid down in article 5 of directive 2014 / 67 / eu ; to this end , the authority shall set up and manage a single european website , serving as a one - stop - shop , containing all relevant information from each of the official national websites referred to in article 5 of directive 2014 / 67 / eu ; support member states in improving the accuracy , completeness and user - friendliness of relevant national information services , in accordance with the quality criteria laid down in regulation [ single digital gateway – com256 ] ; support member states in streamlining and improving the provision of information and services to individuals and employers pertaining to cross - border mobility on a voluntary basis , while fully respecting member states ' competences and the fundamental rights .


### within the framework of their respective competences , the authority should cooperate with other agencies of the union , in particular those established in the area of employment and social policy , building on their expertise and maximising synergies : the european foundation for the improvement of living and working conditions , the european centre for the development of vocational training , the european agency for safety and health at work , and the european training foundation , as well as , as regards the fight against organised crime and trafficking in human beings , with the european union agency for law enforcement cooperation and european union agency for criminal justice cooperation . ### within the framework of their respective competences , the authority should cooperate with other agencies of the union , in particular those established in the area of employment and social policy , building on their expertise and maximising synergies : the european foundation for the improvement of living and working conditions , the european centre for the development of vocational training , the european agency for safety and health at work , and the european training foundation , as well as , as regards the fight against organised crime , corruption and trafficking in human beings , with the european union agency for law enforcement cooperation and european union agency for criminal justice cooperation , as well as with the other eu agencies active in the area of justice and home affairs , such as the european union agency for fundamental rights , the european asylum support office , the european agency for the operational management of large - scale it systems in the area of freedom , security and justice , the european monitoring centre for drugs and drug addiction , the european institute for gender equality , the eu agency for law enforcement training ) and the eu anti - trafficking coordinator . cooperation does not mean duplication of the activities of the authority and those of other union agencies .


### coordinate and support concerted and joint inspections , in accordance with articles 9 and 10 ; ### coordinate and support national authorities in combating fraud , including by supporting the implementation of inspections in accordance with article 10 of directive 2014 / 67 / eu and in accordance with articles 9 and 10 ;


### the authority should perform its activities in the areas of cross - border labour mobility and social security coordination , including free movement of workers , posting of workers and highly mobile services . it should also enhance cooperation between member states in tackling undeclared work . in cases where the authority , in the course of the performance of its activities , becomes aware of suspected irregularities , including in areas of union law beyond its scope , such as violations of working conditions , health and safety rules , or the employment of illegally staying third - country nationals , it should be able to report them and cooperate on these matters with the commission , competent union bodies , and national authorities where appropriate . ### the authority should perform its activities to support a better functioning of the single market including in the areas of labour mobility and social security coordination that fall within the scope of union legislation . it should also enhance cooperation between member states in tackling fraud and undeclared work . the authority , in the course of the performance of its activities should cooperate on these matters with the member states authorities , competent union bodies and social partners where appropriate .


### a european labour authority should be established in order to help strengthen fairness and trust in the single market . to that effect , the authority should support the member states and the commission in strengthening access to information for individuals and employers about their rights and obligations in cross - border labour mobility situations as well as access to relevant services , support compliance and cooperation between the member states to ensure the effective application of the union law in these areas , and mediate and facilitate a solution in case of cross - border disputes or labour market disruptions . ### the establishment of a european labour authority should be considered if it proves to have a european added value in strengthening fairness and trust in the single market . to that effect , the authority could support the member states and the commission in strengthening access to information for individuals and employers about their rights and obligations in cross - border labour mobility situations as well as access to relevant services , support compliance and cooperation between the member states to ensure the effective application of the union law in these areas , and mediate and facilitate a solution in case of cross - border disputes , while fully respecting the competences of the european court of justice and without prejudice to the rights of member states and the persons concerned to have recourse to the procedures and tribunals provided for by the legislation of the member states or the treaty .


### in order to keep track of emerging trends , challenges , or loopholes in the areas of labour mobility and social security coordination , the authority should develop an analytical and risk assessment capacity . this should involve carrying out labour market analyses and studies , as well as peer reviews . the authority should monitor potential imbalances in terms of skills and cross - border labour flows , including their possible impact on territorial cohesion . the authority should also support the risk assessment referred to in article 10 of directive 2014 / 67 / eu . the authority should ensure synergies and complementarity with other union agencies or services or networks . this should include seeking input from solvit and similar services on recurring problems encountered by individuals and businesses in the exercise of their rights in the areas under the scope of the authority . the authority should also facilitate and streamline data collection activities provided for by the relevant union laws within its scope . this does not entail the creation of new reporting obligations for member states . ### in order to keep track of emerging trends , challenges , or loopholes in the areas of labour mobility and social security coordination , the authority should develop an analytical and risk assessment capacity . this should involve carrying out labour market analyses and studies , as well as peer reviews . the authority should monitor potential imbalances in terms of skills and cross - border labour flows , including their possible impact on territorial cohesion . the authority should also support the risk assessment referred to in article 10 of directive 2014 / 67 / eu . the authority should ensure synergies and complementarity with other union agencies or services or networks . this should include seeking input from solvit and similar services on recurring problems encountered by individuals and businesses in the exercise of their rights in the areas under the scope of the authority . the authority should also facilitate and streamline data collection activities provided for by the relevant union laws within its scope , while respecting data protection rules and taking into account cybersecurity risks . this does not entail the creation of new reporting obligations for member states .


### in order to bring an operational dimension to the activities of existing bodies in the areas of cross - border labour mobility , the authority should take over the performance of tasks carried out by the technical committee on the free movement of workers established pursuant to regulation no 492 / 2011 , the committee of experts on posting of workers set up by commission decision 2009 / 17 / ec68 and the european platform to enhance cooperation in tackling undeclared work set up by decision 2016 / 344 of the european parliament and the council69 . with the establishment of the authority , those bodies should cease to exist . __________________ 68 commission decision 2009 / 17 / ec of 19 december 2008 setting up the committee of experts on posting of workers . 69 decision 2016 / 344 of the european parliament and of the council of 9 march 2016 on establishing a european platform to enhance cooperation in tackling undeclared work . ### in order to support cross - border cooperation and the activities of member states authorities , the european commission and other existing bodies in the areas of cross - border labour mobility , the authority should take over the performance of tasks carried out by the technical committee on the free movement of workers established pursuant to regulation no 492 / 2011 , the committee of experts on posting of workers set up by commission decision 2009 / 17 / ec68 and the european platform to enhance cooperation in tackling undeclared work set up by decision 2016 / 344 of the european parliament and the council69 . with the establishment of the authority , those bodies should cease to exist . __________________ 68 commission decision 2009 / 17 / ec of 19 december 2008 setting up the committee of experts on posting of workers . 69 decision 2016 / 344 of the european parliament and of the council of 9 march 2016 on establishing a european platform to enhance cooperation in tackling undeclared work .


### the authority shall facilitate cooperation between member states and support their effective compliance with cooperation obligations , including on information exchange , as defined in union law within the scope of the authority’s competences . ### the authority shall facilitate cooperation between member states in the area of cooperation , including on information exchange , as defined in union law within the scope of the authority’s competences .


### pursuant to article 3 teu , the union is to work for a highly competitive social market economy , aiming at full employment and social progress and promote social justice and protection . in accordance with article 9 tfeu , the union , in defining and implementing its policies and activities , is to take into account requirements linked to , inter alia , the promotion of a high level of employment , the guarantee of an adequate social protection , the fight against social exclusion , and the promotion of a high level of education , training and the protection of human health . ### pursuant to article 3 teu , the union is to work for a highly competitive social market economy , aiming at full employment and social progress , to promote social justice and protection , combat social exclusion and discrimination , and to promote social justice and protection , equality between women and men , solidarity between generations and protection of the rights of the child , as well as to promote economic , social and territorial cohesion , and solidarity among member states . in accordance with article 9 tfeu , the union , in defining and implementing its policies and activities , is to take into account requirements linked to , inter alia , the promotion of a high level of employment , the guarantee of an adequate social protection , the fight against social exclusion , and the promotion of a high level of education , training and the protection of human health .


### support cooperation between member states in the cross - border enforcement of relevant union law , including facilitating joint inspections ; ### enhance cooperation between member states ' relevant authorities to improve more effectively the cross - border enforcement of relevant union law ;


### support cooperation between member states in the cross - border enforcement of relevant union law , including facilitating joint inspections ; ### encourage , facilitate and support cooperation between member states in the cross - border enforcement of relevant union law , including facilitating concerted and joint inspections and checks ;


### a european labour authority should be established in order to help strengthen fairness and trust in the single market . to that effect , the authority should support the member states and the commission in strengthening access to information for individuals and employers about their rights and obligations in cross - border labour mobility situations as well as access to relevant services , support compliance and cooperation between the member states to ensure the effective application of the union law in these areas , and mediate and facilitate a solution in case of cross - border disputes or labour market disruptions . ### however , in view of the many challenges to the effective application of union rules regarding cross - border labour mobility and social security coordination , together with concerns about improving cooperation at union level in those sectors , a european labour and social security authority should be established in order to help strengthen trust in the single market and enhance mobility , in particular labour mobility and the cross - border provision of services . the authority should support the member states and the commission in strengthening access to information for individuals and employers about their rights and obligations in cross - border labour mobility situations and cross - border provision of services , as well as access to relevant services , support compliance and cooperation between the member states to ensure the effective and efficient application and enforcement of the union law in these areas , assist tackling unemployment and mediate and facilitate a solution in case of cross - border disputes or labour market disruptions .


### the authority shall support the work of the administrative commission for the coordination of social security systems with handling financial matters related to social security coordination , in accordance with article 74 of regulation no 883 / 2004 and articles 65 , 67 and 69 of regulation no 987 / 2009 . ### the authority shall support upon request of national authorities the work of the administrative commission for the coordination of social security systems with handling financial matters related to social security coordination , in accordance with article 74 of regulation no 883 / 2004 and articles 65 , 67 and 69 of regulation no 987 / 2009 .


### the authority may set up working groups or expert panels with representatives from member states and / or from the commission , or external experts following selection procedures , for the fulfilment of its specific tasks or for specific policy areas , including a mediation board in order to fulfil its tasks in accordance with article 13 of this regulation , and a dedicated group for the purpose of handling financial matters related to the application of regulations no 883 / 2004 and no 987 / 2009 , as referred to in article 8 of this regulation . ### the authority may set up working groups or expert panels with representatives from member states and / or from the commission , or external experts following selection procedures , for the fulfilment of its specific tasks or for specific policy areas , including a mediation board in order to fulfil its tasks in accordance with article 13 of this regulation .


### pursuant to article 3 teu , the union is to work for a highly competitive social market economy , aiming at full employment and social progress and promote social justice and protection . in accordance with article 9 tfeu , the union , in defining and implementing its policies and activities , is to take into account requirements linked to , inter alia , the promotion of a high level of employment , the guarantee of an adequate social protection , the fight against social exclusion , and the promotion of a high level of education , training and the protection of human health . ### pursuant to article 3 teu , the union is to work for a highly competitive social market economy , aiming at full employment and social progress and promote social justice and protection . in accordance with article 9 tfeu , the union , in defining and implementing its policies and activities , is to take into account requirements linked to , inter alia , the promotion of a high level of employment , the guarantee of an adequate social protection , the fight against social exclusion , and the promotion of a high level of education , training and the protection of human health . the exercise of eu competences is subject to two fundamental principles laid down in article 5 teu on proportionality and subsidiarity .


### to increase member states ' capacity to tackle irregularities with a cross - border dimension in relation to union law within its scope , the authority should support the national authorities in carrying out concerted and joint inspections , including by facilitating the implementation of the inspections in accordance with article 10 of directive 2014 / 67 / eu . these should take place at the request of member states or upon their agreement to the authority ' s suggestion . the authority should provide strategic , logistical , and technical support to member states participating in the concerted or joint inspections in full respect of confidentiality requirements . inspections should be carried out in agreement with the member states concerned and take place fully within the legal framework of national law of member states concerned , which should follow up on the outcomes of the concerted and joint inspections according to national law . ### there is a need to improve sincere cooperation among member states ' in order to increase their capacity to tackle breaches of union law with a cross - border dimension . the authority should support the national authorities in combating fraud , improving cooperation , sharing best practices and identifying common principles , including by supporting the implementation of the inspections in accordance with article 10 of directive 2014 / 67 / eu and in accordance with national law and practice . the authority should provide strategic , logistical , and technical support to member states who request it .


### develop common guidelines for use by member states , including guidance for inspections in cases with a cross - border dimension , as well as shared definitions and common concepts , building on relevant work at the union level ; ### develop non - binding guidelines for use by member states , including guidance for inspections in cases with a cross - border dimension , as well as non - binding definitions and concepts , building on relevant work at the union level ; the authority does not have any regulatory power or interpretation capacity , and respects the division of powers as enshrined in the treaty .


### in order to keep track of emerging trends , challenges , or loopholes in the areas of labour mobility and social security coordination , the authority should develop an analytical and risk assessment capacity . this should involve carrying out labour market analyses and studies , as well as peer reviews . the authority should monitor potential imbalances in terms of skills and cross - border labour flows , including their possible impact on territorial cohesion . the authority should also support the risk assessment referred to in article 10 of directive 2014 / 67 / eu . the authority should ensure synergies and complementarity with other union agencies or services or networks . this should include seeking input from solvit and similar services on recurring problems encountered by individuals and businesses in the exercise of their rights in the areas under the scope of the authority . the authority should also facilitate and streamline data collection activities provided for by the relevant union laws within its scope . this does not entail the creation of new reporting obligations for member states . ### in order to keep track of emerging trends , challenges , or loopholes in the areas of labour mobility and social security coordination , the authority should provide a platform for member states to develop an analytical and risk assessment capacity . this should involve carrying out labour market analyses and studies , as well as peer reviews . when making such a risk assessment , the carrying out of large infrastructural projects , the existence of long chains of subcontractors , geographic proximity , the special problems and needs of specific sectors , the past record of infringement , as well as the vulnerability of certain groups of workers may in particular be taken into account . the authority should ensure synergies and complementarity with other union agencies or services or networks . this should include seeking input from solvit and similar services on recurring problems encountered by individuals and businesses in the exercise of their rights in the areas under the scope of the authority . the authority should also facilitate and streamline data collection activities provided for by the relevant union laws within its scope . this does not entail the creation of new reporting obligations for member states .


### the authority should provide a platform for resolving disputes between member states in relation to the application of union law that falls within its scope . it should build on dialogue and conciliation mechanisms that are currently in place in the area of social security coordination , which are valued by member states60 and their importance is recognised by the court of justice61 . member states should be able to refer cases to the authority for mediation according to standard procedures put in place for this purpose . the authority should only deal with disputes between member states , while individuals and employers facing difficulties with exercising their union rights should continue to have at their disposal the national and union services dedicated to dealing with such cases , such as the solvit network to which the authority should refer such cases . the solvit network should also be able to refer to the authority for its consideration cases in which the problem cannot be solved due to differences between national administrations . __________________ 60 council , partial general approach of 26 october 2017 on the proposal for a regulation amending regulation no 883 / 2004 on the coordination of social security systems and regulation no 987 / 2009 laying down the procedure for implementing regulation no 883 / 2004 13645 / 1 / 17 . 61 case c - 236 / 88 eu : c : 1990 : 303 , paragraph 17 ; case c - 202 / 97 eu : c : 2000 : 75 , paragraphs 57 - 58 ; case c - 178 / 97 eu : c : 2000 : 169 , paragraphs 44 - 45 ; case c - 2 / 05 eu : c : 2006 : 69 , paragraphs 28 - 29 ; case c - 12 / 14 eu : c : 2016 : 135 , paragraphs 39 - 41 ; case c - 359 / 16 eu : c : 2018 : 63 , paragraphs 44 - 45 . ### without prejudice to the role of the administrative commission as set out in regulation no 883 / 2004 , the authority should provide an independent platform for resolving disputes between member states in relation to the application of union law that falls within its scope . it should use existing conciliation mechanisms that are currently in place in the area of social security coordination , which are valued by member states60 and their importance is recognised by the court of justice61 . member states should be able to refer cases to the authority for mediation according to standard procedures which have been agreed and developed by the member states and put in place for this purpose . the authority should only provide a platform for mediation when disputes between member states has been reported by a member states using the standard procedure . individuals and employers facing difficulties with exercising their union rights should continue to have at their disposal the national and union services dedicated to dealing with such cases , such as the solvit network . __________________ 60 council , partial general approach of 26 october 2017 on the proposal for a regulation amending regulation no 883 / 2004 on the coordination of social security systems and regulation no 987 / 2009 laying down the procedure for implementing regulation no 883 / 2004 13645 / 1 / 17 . 61 case c - 236 / 88 eu : c : 1990 : 303 , paragraph 17 ; case c - 202 / 97 eu : c : 2000 : 75 , paragraphs 57 - 58 ; case c - 178 / 97 eu : c : 2000 : 169 , paragraphs 44 - 45 ; case c - 2 / 05 eu : c : 2006 : 69 , paragraphs 28 - 29 ; case c - 12 / 14 eu : c : 2016 : 135 , paragraphs 39 - 41 ; case c - 359 / 16 eu : c : 2018 : 63 , paragraphs 44 - 45 .


### the individuals covered by the activities of the authority should be persons who are subject to the union law within the scope of this regulation , including workers , self - employed persons , jobseekers , and economically non - active persons ; this should cover both union citizens and third - country nationals who are legally resident in the union , such as posted workers , eu blue card holders , intra - corporate transferees or long - term residents , as well as their family members . ### the authority should only act in areas that are subject to union law within the scope of this regulation . in all other cases it should support cooperation between member states where appropriate in areas that fall outside of this scope including working conditions , health and safety and fraud .


### the authority should perform its activities in the areas of cross - border labour mobility and social security coordination , including free movement of workers , posting of workers and highly mobile services . it should also enhance cooperation between member states in tackling undeclared work . in cases where the authority , in the course of the performance of its activities , becomes aware of suspected irregularities , including in areas of union law beyond its scope , such as violations of working conditions , health and safety rules , or the employment of illegally staying third - country nationals , it should be able to report them and cooperate on these matters with the commission , competent union bodies , and national authorities where appropriate . ### to ensure the efficient functioning of the authority , it is necessary for its objective , together with its tasks and responsibilities , to be clearly defined , so as to ensure complementarity of its tasks with those of existing entities . the authority should perform its activities in the areas of cross - border labour mobility and social security coordination , including free movement of workers , posting of workers and cross - border provision of services , such as the transport sector . it should also enhance cooperation between member states in tackling undeclared work . in cases where the authority , in the course of the performance of its activities , becomes aware of suspected irregularities , including in areas of union law beyond its scope , such as violations of working conditions , health and safety rules , undeclared work and restrictions on rights and benefits , or the employment of illegally staying third - country nationals , it should report them efficiently and without undue delay and cooperate on these matters with the commission , competent union bodies , and national authorities .


### to increase member states ' capacity to tackle irregularities with a cross - border dimension in relation to union law within its scope , the authority should support the national authorities in carrying out concerted and joint inspections , including by facilitating the implementation of the inspections in accordance with article 10 of directive 2014 / 67 / eu . these should take place at the request of member states or upon their agreement to the authority ' s suggestion . the authority should provide strategic , logistical , and technical support to member states participating in the concerted or joint inspections in full respect of confidentiality requirements . inspections should be carried out in agreement with the member states concerned and take place fully within the legal framework of national law of member states concerned , which should follow up on the outcomes of the concerted and joint inspections according to national law . ### to increase member states ' capacity to tackle irregularities with a cross - border dimension in relation to union law within its scope , the authority should support the national authorities in carrying out concerted and joint inspections , including by facilitating the implementation of the inspections in accordance with article 10 of directive 2014 / 67 / eu . the authority should provide strategic , logistical , and technical support to member states participating in the concerted or joint inspections in full respect of confidentiality requirements . inspections should be carried out in agreement with the member states concerned and take place fully within the legal framework of national law of member states concerned , which should follow up on the outcomes of the concerted and joint inspections according to national law . the authority should never take up the role of national authorities and respects the principle of subsidiarity . there is no legal basis in the treaty that allows for a european inspection system in the labour domain .


### the authority should perform its activities in the areas of cross - border labour mobility and social security coordination , including free movement of workers , posting of workers and highly mobile services . it should also enhance cooperation between member states in tackling undeclared work . in cases where the authority , in the course of the performance of its activities , becomes aware of suspected irregularities , including in areas of union law beyond its scope , such as violations of working conditions , health and safety rules , or the employment of illegally staying third - country nationals , it should be able to report them and cooperate on these matters with the commission , competent union bodies , and national authorities where appropriate . ### the agency should perform its activities in the areas of cross - border labour mobility and social security coordination , including free movement of workers and services . the agency should also enhance cooperation between member states in tackling undeclared work and combating the establishment of letterbox companies in the road transport sector , which contributed to distorting the sector’s competitiveness . in cases where the agency , in the course of the performance of its activities , becomes aware of suspected irregularities , it should be able to report them to the commission and national authorities .


### mediate in disputes between member states ' authorities on the application of relevant union law , in accordance with article 13 ; ### without prejudice to the role of the administrative commission in the application of regulation no 883 / 2004 and regulation no 987 / 2009 , mediate and support national authorities in disputes between member states ' authorities on the application of relevant union law , in accordance with article 13 ;


### the authority should contribute to facilitating the free movement of workers governed by regulation no 492 / 2011 of the european parliament and of the council39 , directive 2014 / 54 / eu of the european parliament and the council40 and regulation 2016 / 589 of the european parliament and the council41 . it should facilitate the posting of workers governed by directive 96 / 71 / ec of the european parliament and the council42 and directive 2014 / 67 / eu of the european parliament and the council43 , including by supporting the enforcement of those provisions implemented through universally applicable collective agreements in line with the practices of member states . it should also help the coordination of social security systems governed by regulation no 883 / 2004 of the european parliament and the council44 , regulation no 987 / 2009 of the european parliament and the council45 , regulation no 1231 / 2010 of the european parliament and the council46 ; as well as council regulation no 1408 / 7147 and council regulation no 574 / 7248 . __________________ 39 regulation no 492 / 2011 of the european parliament and of the council of 5 april 2011 on freedom of movement for workers within the union . 40 directive 2014 / 54 / eu of the european parliament and the council of 16 april 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers . 41 regulation 2016 / 589 of the european parliament and the council of 13 april 2016 on a european network of employment services , workers’ access to mobility services and the further integration of labour markets , and amending regulations no 492 / 2011 and no 1296 / 2013 . 42 directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services . 43 directive 2014 / 67 / eu of the european parliament and of the council of 15 may 2014 on the enforcement of directive 96 / 71 / ec concerning the posting of workers in the framework of the provision of services and amending regulation no 1024 / 2012 on administrative cooperation through the internal market information system . 44 regulation no 883 / 2004 of the european parliament and of the council of 29 april 2004 on the coordination of social security systems , . 45 regulation no 987 / 2009 of the european parliament and of the council of 16 september 2009 laying down the procedure for implementing regulation no 883 / 2004 on the coordination of social security systems , . 46 regulation no 1231 / 2010 of the european parliament and of the council of 24 november 2010 extending regulation no 883 / 2004 and regulation no 987 / 2009 to nationals of third countries who are not already covered by these regulations solely on the ground of their nationality . 47 council regulation no 1408 / 71 of 14 june 1971 on the application of social security schemes to employed persons , to self - employed persons and to members of their families moving within the community . 48 council regulation no 574 / 72 of 21 march 1972 laying down the procedure for implementing regulation no 1408 / 71 on the application of social security schemes to employed persons , to self - employed persons , and to their families moving within the community . ### the authority should support member states in the effective application of existing rights and obligations in the area of cross - border mobility , facilitating the free movement of workers governed by regulation no 492 / 2011 of the european parliament and of the council39 , directive 2014 / 54 / eu of the european parliament and the council40 and regulation 2016 / 589 of the european parliament and the council41 . it should facilitate the posting of workers governed by directive 96 / 71 / ec of the european parliament and the council42 and directive 2014 / 67 / eu of the european parliament and the council43 , including by supporting the enforcement of those provisions implemented through universally applicable collective agreements in line with the practices of member states . __________________ 39 regulation no 492 / 2011 of the european parliament and of the council of 5 april 2011 on freedom of movement for workers within the union . 40 directive 2014 / 54 / eu of the european parliament and the council of 16 april 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers . 41 regulation 2016 / 589 of the european parliament and the council of 13 april 2016 on a european network of employment services , workers’ access to mobility services and the further integration of labour markets , and amending regulations no 492 / 2011 and no 1296 / 2013 . 42 directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services . 43 directive 2014 / 67 / eu of the european parliament and of the council of 15 may 2014 on the enforcement of directive 96 / 71 / ec concerning the posting of workers in the framework of the provision of services and amending regulation no 1024 / 2012 on administrative cooperation through the internal market information system .


### the authority should perform its activities in the areas of cross - border labour mobility and social security coordination , including free movement of workers , posting of workers and highly mobile services . it should also enhance cooperation between member states in tackling undeclared work . in cases where the authority , in the course of the performance of its activities , becomes aware of suspected irregularities , including in areas of union law beyond its scope , such as violations of working conditions , health and safety rules , or the employment of illegally staying third - country nationals , it should be able to report them and cooperate on these matters with the commission , competent union bodies , and national authorities where appropriate . ### the authority should perform its activities to support a better functioning of the single market including in the areas of labour mobility and social security coordination that fall within the scope of union legislation . it should also enhance cooperation between member states in tackling fraud and undeclared work . the authority , in the course of the performance of its activities should cooperate on these matters with the member states authorities , competent union bodies and social partners where appropriate .


### facilitate the follow - up to requests and information exchanges between national authorities by providing logistical and technical support , including translation and interpretation services , and through exchanges on the status of cases ; ### facilitate the follow - up to reasoned requests and information exchanges between national authorities by providing logistical and technical support , including translation and interpretation services , and through exchanges on the status of cases subject to legal clearance ;


### the authority should contribute to facilitating the free movement of workers governed by regulation no 492 / 2011 of the european parliament and of the council39 , directive 2014 / 54 / eu of the european parliament and the council40 and regulation 2016 / 589 of the european parliament and the council41 . it should facilitate the posting of workers governed by directive 96 / 71 / ec of the european parliament and the council42 and directive 2014 / 67 / eu of the european parliament and the council43 , including by supporting the enforcement of those provisions implemented through universally applicable collective agreements in line with the practices of member states . it should also help the coordination of social security systems governed by regulation no 883 / 2004 of the european parliament and the council44 , regulation no 987 / 2009 of the european parliament and the council45 , regulation no 1231 / 2010 of the european parliament and the council46 ; as well as council regulation no 1408 / 7147 and council regulation no 574 / 7248 . __________________ 39 regulation no 492 / 2011 of the european parliament and of the council of 5 april 2011 on freedom of movement for workers within the union . 40 directive 2014 / 54 / eu of the european parliament and the council of 16 april 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers . 41 regulation 2016 / 2016 of the european parliament and the council of 13 april 2016 on a european network of employment services , workers’ access to mobility services and the further integration of labour markets , and amending regulations no 492 / 2011 and no 1296 / 2013 . 42 directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services . 43 directive 2014 / 67 / eu of the european parliament and of the council of 15 may 2014 on the enforcement of directive 96 / 71 / ec concerning the posting of workers in the framework of the provision of services and amending regulation no 1024 / 2012 on administrative cooperation through the internal market information system . 44 regulation no 883 / 2004 of the european parliament and of the council of 29 april 2004 on the coordination of social security systems , . 45 regulation no 987 / 2009 of the european parliament and of the council of 16 september 2009 laying down the procedure for implementing regulation no 883 / 2004 on the coordination of social security systems , . 46 regulation no 1231 / 2010 of the european parliament and of the council of 24 november 2010 extending regulation no 883 / 2004 and regulation no 987 / 2009 to nationals of third countries who are not already covered by these regulations solely on the ground of their nationality . 47 council regulation no 1408 / 71 of 14 june 1971 on the application of social security schemes to employed persons , to self - employed persons and to members of their families moving within the community . 48 council regulation no 574 / 72 of 21 march 1972 laying down the procedure for implementing regulation no 1408 / 71 on the application of social security schemes to employed persons , to self - employed persons , and to their families moving within the community . ### the authority should contribute to supervising the free movement of workers governed by regulation no 492 / 2011 of the european parliament and of the council39 , directive 2014 / 54 / eu of the european parliament and the council40 and regulation 2016 / 589 of the european parliament and the council41 . it should also supervise the posting of workers governed by directive 96 / 71 / ec of the european parliament and the council42 and directive 2014 / 67 / eu of the european parliament and the council43 , including by supporting the enforcement of those provisions implemented through universally applicable collective agreements in line with the practices of member states . __________________ 39 regulation no 492 / 2011 of the european parliament and of the council of 5 april 2011 on freedom of movement for workers within the union . 40 directive 2014 / 54 / eu of the european parliament and the council of 16 april 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers . 41 regulation 2016 / 2016 of the european parliament and the council of 13 april 2016 on a european network of employment services , workers’ access to mobility services and the further integration of labour markets , and amending regulations no 492 / 2011 and no 1296 / 2013 . 42 directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services . 43 directive 2014 / 67 / eu of the european parliament and of the council of 15 may 2014 on the enforcement of directive 96 / 71 / ec concerning the posting of workers in the framework of the provision of services and amending regulation no 1024 / 2012 on administrative cooperation through the internal market information system .


### in order to bring an operational dimension to the activities of existing bodies in the areas of cross - border labour mobility , the authority should take over the performance of tasks carried out by the technical committee on the free movement of workers established pursuant to regulation no 492 / 2011 , the committee of experts on posting of workers set up by commission decision 2009 / 17 / ec68 and the european platform to enhance cooperation in tackling undeclared work set up by decision 2016 / 344 of the european parliament and the council69 . with the establishment of the authority , those bodies should cease to exist . __________________ 68 commission decision 2009 / 17 / ec of 19 december 2008 setting up the committee of experts on posting of workers . 69 decision 2016 / 344 of the european parliament and of the council of 9 march 2016 on establishing a european platform to enhance cooperation in tackling undeclared work . ### in order to avoid multiplication of eu bodies , the authority should take over the performance of tasks carried out by the technical committee on the free movement of workers established pursuant to regulation no 492 / 2011 , the committee of experts on posting of workers set up by commission decision 2009 / 17 / ec68 and the european platform to enhance cooperation in tackling undeclared work set up by decision 2016 / 344 of the european parliament and the council69 . with the establishment of the authority , those bodies should cease to exist if the authority can prove to have a clear european added value compared to these existing structures . __________________ 68 commission decision 2009 / 17 / ec of 19 december 2008 setting up the committee of experts on posting of workers . 69 decision 2016 / 344 of the european parliament and of the council of 9 march 2016 on establishing a european platform to enhance cooperation in tackling undeclared work .


### the member states and the commission should be represented on a management board , in order to ensure the effective functioning of the authority . the composition of the management board , including the selection of its chair and deputy - chair , should respect the principles of gender balance , experience and qualification . in view of the effective and efficient functioning of the authority , the management board , in particular , should adopt an annual work programme , carry out its functions relating to the authority’s budget , adopt the financial rules applicable to the authority , appoint an executive director , and establish procedures for taking decisions relating to the operational tasks of the authority by the executive director . representatives from countries other than union member states , which are applying the union rules within the scope of the authority , may participate in the meetings of the management board as observers . ### the member states and the commission should be represented on a management board , in order to ensure the effective functioning of the authority . the composition of the management board , including the selection of its chair and deputy - chair , should respect the principles of experience and qualification as well as gender balance . in view of the effective and efficient functioning of the authority , the management board , in particular , should adopt an annual work programme , carry out its functions relating to the authority’s budget , adopt the financial rules applicable to the authority , appoint an executive director , and establish procedures for taking decisions relating to the operational tasks of the authority by the executive director . representatives from countries other than union member states , which are applying the union rules within the scope of the authority , may participate in the meetings of the management board as observers .


### a european labour authority should be established in order to help strengthen fairness and trust in the single market . to that effect , the authority should support the member states and the commission in strengthening access to information for individuals and employers about their rights and obligations in cross - border labour mobility situations as well as access to relevant services , support compliance and cooperation between the member states to ensure the effective application of the union law in these areas , and mediate and facilitate a solution in case of cross - border disputes or labour market disruptions . ### the establishment of a european labour authority should be considered if it proves to have a european added value in strengthening fairness and trust in the single market . to that effect , the authority could support the member states and the commission in strengthening access to information for individuals and employers about their rights and obligations in cross - border labour mobility situations as well as access to relevant services , support compliance and cooperation between the member states to ensure the effective application of the union law in these areas , and mediate and facilitate a solution in case of cross - border disputes , while fully respecting the competences of the european court of justice and without prejudice to the rights of member states and the persons concerned to have recourse to the procedures and tribunals provided for by the legislation of the member states or the treaty .


### the union shall hold 50 % of the voting rights . the voting rights of the union shall be indivisible . ### the union , represented by the commission , &#160 ; shall hold&#160 ; the voting rights corresponding to its financial contribution . the voting rights of the union shall be indivisible .


### the governing board shall take its decisions by a majority of at least 75% of all votes , including the votes of the members who are absent , representing at least 75% of the total financial contributions to the competence centre . the financial contribution will be calculated based on the estimated expenditures proposed by the member states referred to in point c of article 17 and based on the report on the value of the contributions of the participating member states referred to in article 22 . ### the governing board shall take its decisions by a majority of at least 75% of all votes , including the votes of the members who are absent .


### prepare an action plan following - up on the conclusions of the retrospective evaluations and reporting on progress every two years to the commission ### prepare an action plan following - up on the conclusions of the retrospective evaluations and reporting on progress every two years to the commission and the european parliament ;


### the industrial and scientific advisory board shall consist of no more than 16 members . the members shall be appointed by the governing board from among the representatives of the entities of the cybersecurity competence community . ### the industrial and scientific advisory board shall consist of a representative of the european cyber security organisation and no more than 16 other members appointed by the governing&#160 ; board from among the representatives of the entities of the cybersecurity competence community or other relevant stakeholders .


### the competence centre shall accredit entities established under national law as members of the cybersecurity competence community after an assessment made by the national coordination centre of the member state where the entity is established , on whether that entity meets the criteria provided for in paragraph 3 . an accreditation shall not be limited in time but may be revoked by the competence centre at any time if it or the relevant national coordination centre considers that the entity does not fulfil the criteria set out in paragraph 3 or it falls under the relevant provisions set out in article 136 of regulation xxx [ new financial regulation ] . ### the competence centre shall accredit entities referred to in paragraph 3 as members of the cybersecurity competence community . the entities established under national law shall be accredited after an assessment made by the national coordination centre of the member state where the entity is established , on whether that entity meets the criteria provided for in paragraph 3 . an accreditation shall not be limited in time but may be revoked by the competence centre at any time if it or the relevant national coordination centre considers that the entity does not fulfil the criteria set out in paragraph 3 or it falls under the relevant provisions set out in article 136 of regulation xxx [ new financial regulation ] .


### every participating member state shall hold one vote . ### every member state shall hold one vote .


### support research and innovation for standardisation in cybersecurity technology ### support research and innovation for standardisation in cybersecurity technology , where appropriate aligning with relevant eu agencies and bodies including enisa ;


### the governing board shall be composed of one representative of each member state , and five representatives of the commission , on behalf of the union . ### the governing board shall be composed of one representative of each member state , and one representative of the commission , on behalf of the union .


### only entities which are established within the union may be accredited as members of the cybersecurity competence community . they shall demonstrate that they have cybersecurity expertise with regard to at least one of the following domains : ### only entities which are established within the union , in the third countries participating in relevant union programmes or in other third countries demonstrating the implementation of sufficient measures to guarantee the protection of the essential security interest of the union and its member states , may be accredited as members of the cybersecurity competence community . they shall demonstrate that they have cybersecurity expertise with regard to at least one of the following domains :


### representatives of the commission and of the european network and information security agency may participate in and support the works of the industrial and scientific advisory board . ### representatives of the commission and of the european network and information security agency shall participate in and support the works of the industrial and scientific advisory board .


### prepare an action plan following - up conclusions of internal or external audit reports , as well as investigations by the european anti - fraud office and reporting on progress twice a year to the commission and regularly to the governing board ; ### prepare an action plan following - up conclusions of internal or external audit reports , as well as investigations by the european anti - fraud office and reporting on progress twice a year to the commission , the european parliament and regularly to the governing board ;


### having regard to the state - of - the - art cybersecurity industrial and research infrastructures and related services , acquiring , upgrading , operating and making available such infrastructures and related services to a wide range of users across the union from industry including smes , the public sector and the research and scientific community ; ### acquiring , upgrading , operating and making available such infrastructures and related services in a fair , open and transparent way to a wide range of users across the union from industry in particular smes and from the public sector and the research and scientific community ;


### this regulation should set out the conditions for use of dactylographic data and facial images for identification purposes . the use of facial images for identification purposes in sis should also help to ensure consistency in border control procedures where the identification and the verification of identity are required by the use of fingerprints and facial images . searching with dactylographic data should be mandatory if there is any doubt concerning the identity of a person . facial images for identification purposes should only be used in the context of regular border controls in self - service kiosks and electronic gates . ### this regulation should set out the conditions for use of dactylographic data and facial images for identification purposes . the use of facial images for identification purposes in sis should also help to ensure consistency in border control procedures where the identification and the verification of identity are required by the use of fingerprints and facial images . searching with dactylographic data should be mandatory if there is any doubt concerning the identity of a person .


### children at risk of abduction in accordance with paragraph 4 . ### children at risk of abduction , genital mutilation or other future harm , including all practices that contravene article 3 , 9 , or 10 of the charter of fundamental rights .


### a dna profile may only be added to alerts provided for in article 32 and and only where photographs , facial images or dactylographic data suitable for identification are not available . the dna profiles of persons who are direct ascendants , descendants or siblings of the alert subject may be added to the alert provided that those persons concerned gives explicit consent . the racial origin of the person shall not be included in the dna profile . ### a dna profile may only be added to alerts provided for in article 32 and and only where photographs , facial images or dactylographic data suitable for identification are not available . the dna profiles of persons who are direct ascendants , descendants or siblings of the alert subject may be added to the alert provided that those persons concerned gives explicit consent .


### as soon as this becomes technically possible , and while ensuring a high degree of reliability of identification , photographs and facial images may be used to identify a person . identification based on photographs or facial images shall only be used at regular border crossing points where self - service systems and automated border control systems are in use . ### as soon as this becomes technically possible , and while ensuring a high degree of reliability of identification , photographs and facial images may be used to identify a person .


### an alert on a person may not be entered without the data referred to in article 20 , , , , as well as , where applicable , , except for in the situations referred to in article 40 . ### an alert on a person may not be entered without the data referred to in article&#160 ; 20 , , &#160 ; , , , &#160 ; , , as well as , where applicable , , except for in the situations referred to in article 40 .


### the commission shall be empowered to adopt by means of implementing acts the template for the marking referred to in paragraph 1 , including its mandatory essential information . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 54 by [ 31 december 2016 ] . ### the commission shall be empowered to adopt by means of implementing acts the template for the marking , including its mandatory essential information and , where applicable , the additional information referred to in paragraph 3a of this article . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 54 by [ 31 december 2016 ] .


### for the prevention of money laundering and the financing of terrorism , an obligation to declare should be imposed on natural persons entering or leaving the union . in order not to restrict free movement unduly or overburden citizens and authorities with administrative formalities , the obligation should be subject to a threshold of eur 10 000 or its equivalent in commodities used as a highly liquid store of value , bearer - negotiable instruments , pre - paid cards ' worth or other currencies . it should apply to natural persons carrying such amounts on their person , in their luggage or in the conveyance in which they cross the external border . they should be required to make the cash available to the competent authorities for control . ### for the prevention of money laundering and the financing of terrorism , an obligation to declare should be imposed on natural persons entering or leaving the union if the total value of cash they carry in any currency , commodities used as a highly liquid store of value , bearer - negotiable instruments , and anonymous pre - paid cards valued at their maximum store of money exceeds a threshold of eur 10 000 . the obligation to declare should apply to natural persons carrying such amounts on their person , in their luggage or in the conveyance in which they cross the external border . they should be required to make the cash available to the competent authorities for control . in order not to restrict free movement unduly or overburden innocent citizens and authorities with administrative formalities , natural persons carrying less such cash should not be obliged to submit a declaration .


### ' prepaid card ' means a non - nominal card storing monetary value or funds which can be used for payment transactions , for acquiring goods or services or for redemption of currency and which is not linked to a bank account ; ### ' prepaid card ' means a non - nominal card storing or providing access to monetary value or funds which can be used for payment transactions , for acquiring goods or services or for redemption of currency and which is not linked to a bank account ;


### prepaid cards are non - nominal cards storing monetary value or funds which can be used for payment transactions , for acquiring goods or services or for redemption of currency and which are not linked to a bank account . they are widely used for a variety of legitimate purposes and some of these instruments also present a clear social interest . as such prepaid cards are easily transferrable and can be used to transfer considerable value across external borders . it is therefore necessary to include prepaid cards in the definition of cash . this will allow for the possibility to extend the measures to certain types of prepaid cards if the evidence justifies it and with due regard to proportionality and practical enforceability . ### prepaid cards are non - nominal cards storing or providing access to monetary value or funds which can be used for payment transactions , for acquiring goods or services or for redemption of currency and which are not linked to a bank account . they are widely used for a variety of legitimate purposes and some of these instruments also present a clear social interest . as such prepaid cards are easily transferrable and can be used to transfer considerable value across external borders . it is therefore necessary to include prepaid cards in the definition of cash . this will allow for the possibility to extend the measures to certain types of prepaid cards if the evidence justifies it and with due regard to proportionality and practical enforceability , in accordance with the available technology .


### prepaid cards are non - nominal cards storing monetary value or funds which can be used for payment transactions , for acquiring goods or services or for redemption of currency and which are not linked to a bank account . they are widely used for a variety of legitimate purposes and some of these instruments also present a clear social interest . as such prepaid cards are easily transferrable and can be used to transfer considerable value across external borders . it is therefore necessary to include prepaid cards in the definition of cash . this will allow for the possibility to extend the measures to certain types of prepaid cards if the evidence justifies it and with due regard to proportionality and practical enforceability . ### prepaid cards are non - nominal cards storing or providing access to monetary value or funds which can be used for payment transactions , for acquiring goods or services or for redemption of currency and which are not linked to a bank account . they are widely used for a variety of legitimate purposes and some of these instruments also present a clear social interest . as such prepaid cards are easily transferrable and can be used to transfer considerable value across external borders . it is therefore necessary to include certain types of prepaid cards in the definition of cash , in particular if they can be bought without customer due diligence procedures . this will allow for the possibility to extend the measures to certain types of prepaid cards if the evidence justifies it and with due regard to proportionality and practical enforceability .


### in order to be able to quickly take account of future modifications of international standards such as established by the financial action task force or to address circumvention of this regulation through reliance on liquid stores of value which are not covered by the definition of ' cash ' , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of modifications to that definition . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 . 24 in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . __________________ 24 ref . to oj [ l 123 / 1 ] ### in order to be able to quickly take account of future modifications of international standards such as established by the financial action task force or to address circumvention of this regulation through reliance on liquid stores of value which are not covered by the definition of ' cash ' , the power to adopt implementing acts in accordance with article 291 of the treaty on the functioning of the european union should be delegated to the commission in respect of modifications to annex i to this regulation .


### each member state shall introduce penalties to apply in the event of failure to comply with the obligation to declare laid down in articles 3 and 4 . such penalties shall be effective , proportionate and dissuasive . ### each member state shall introduce penalties to apply in the event of failure to comply with the obligation to declare laid down in articles 3 and 4 . such penalties shall be effective , proportionate and dissuasive . these penalties are to be decided by member states in accordance with national law . each member state shall introduce penalties to apply in the event of failure to comply with the obligation to declare laid down in articles 3 and 4 . such penalties shall be effective , proportionate and dissuasive .


### the cesni which is open to experts from all member states , draws up standards in the field of inland navigation , including for professional qualifications . the commission may take into account such standards when empowered to adopt acts in conformity with this directive . ### the cesni which is open to experts from all member states , draws up standards in the field of inland navigation , including for professional qualifications . european river commissions and stakeholders are also associated to the work of cesni . where the conditions specified in this directive are met , the commission should refer to cesni standards when adopting implementing and delegated acts in accordance with this directive .


### ' inland waterway ' means a stretch of water not part of the sea , open to navigation ; ### ' inland waterway ' means the inland waterways referred to in article 4 of directive 2016 / 1629 of the european parliament and of the council1a . __________________ 1a directive 2016 / 1629 of the european parliament and of the council of 14 september 2016 laying down technical requirements for inland waterway vessels , amending directive 2009 / 100 / ec and repealing directive 2006 / 87 / ec


### the cesni which is open to experts from all member states , draws up standards in the field of inland navigation , including for professional qualifications . the commission may take into account such standards when empowered to adopt acts in conformity with this directive . ### the cesni which is open to experts from all member states , draws up standards in the field of inland navigation , including for professional qualifications , which shall apply to the member states of the union . the commission may take into account such standards when empowered to adopt acts in conformity with this directive .


### when necessary for ensuring safety of navigation , member states may identify stretches of inland waterways with specific risks , except for inland waterways of a maritime character referred to in article 7 , where such risks are due to : ### when necessary for ensuring safety of navigation , member states may identify stretches of inland waterways with specific risks , taking into account where appropriate the advice of the relevant european river commission , and with the exception of inland waterways with a maritime character referred to in article 7 , where such risks are due to :


### the cesni which is open to experts from all member states , draws up standards in the field of inland navigation , including for professional qualifications . the commission may take into account such standards when empowered to adopt acts in conformity with this directive . ### the cesni , a committee for cooperation between the member states , the central commission for the navigation on the rhine and relevant international organisations , which is open to experts from all member states , draws up standards in the field of inland navigation , including for professional qualifications . european river commissions are of crucial importance to the work of cesni , whereas other stakeholders are associated as well . where the conditions specified in this directive are met , the commission should refer to cesni standards when adopting implementing and delegated acts in accordance with this directive .


### when applying this paragraph , the member states shall apply objective , transparent , non - discriminatory and proportionate criteria . ### when applying this paragraph , the member states shall apply objective , transparent , non - discriminatory and proportionate criteria and shall document the navigation safety history of the stretch concerned .


### the member states that identify inland waterways stretches with specific risks in the meaning of article 8 , shall define the additional competence required from boatmasters navigating on these stretches and the means to prove that such requirements are met . ### the member states where relevant in cooperation with the relevant european river commission that identify inland waterways stretches with specific risks in the meaning of article 8 , shall define the additional competence required from boatmasters navigating on these stretches and the means to prove that such requirements are met .


### personal data obtained from the central system by a member state or by europol for law enforcement purposes shall not be transferred or made available to any third country , international organisation or private entity established in or outside the union . the prohibition shall also apply if those data are further processed at national level or between member states within the meaning of article 2 of framework decision 2008 / 977 / jha . ### personal data obtained from the central system by a member state or by europol for law enforcement purposes shall not , as a rule , be transferred or made available to any third country , international organisation or private entity established in or outside the union . this principle shall also apply if those data are further processed at national level or between member states within the meaning of article 2 of framework decision 2008 / 977 / jha .


### carriers may use the secure internet access to the web service referred to in paragraph 1 to verify whether or not third country nationals holding a single or double entry visa have already used the visa . the carrier shall provide the data listed in article 14 . the web service shall on that basis provide the carriers with an ok / not ok answer . carriers may store the information sent and the answer received . ### carriers shall be informed whether or not third country nationals holding a single or double entry visa have already used the visa by an ok / not ok answer conveyed through the cusres message of an interactive api system . carriers may store the answer received .