### in order to provide minimum harmonised standards for the certification of qualifications and to facilitate the exchange of information between member states and the implementation , monitoring and evaluation of this directive by the commission , 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 as regards the setting of standards of competence , standards for medical fitness , standards for practical examinations , standards for the approval of simulators and standards defining the characteristics and conditions of use for a database kept by the commission to host a copy of key data related to union certificates of qualifications , service record books , logbooks and recognised documents . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council . ### in order to provide minimum harmonised standards for the certification of qualifications and to facilitate the exchange of information between member states and the implementation , monitoring and evaluation of this directive by the commission , 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 as regards the setting of standards of competence , standards for medical fitness , standards for practical examinations , standards for the approval of simulators and standards defining the characteristics and conditions of use for a database kept by the commission to host a copy of key data related to union certificates of qualifications , service record books , logbooks and recognised documents . 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 of 13 april 2016 on better law - making1a . 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 . _____________ 1a oj l 123 , 12 . 5 . 2016 , p . 1 .


### an obligation for the road transport operator established in another member state to send a posting declaration to the national competent authorities at the latest at the commencement of the posting , in electronic form , in an official language of the host member state or in english , containing only the following information : ### an obligation for the road transport operator established in another member state to send a posting declaration and any updates thereto to the national competent authorities at the latest at the commencement of the posting . the road transport operator shall be required to send and / or update that declaration in electronic form via the internal market information system , established by regulation no 1024 / 2012 , in an official language of the european union , containing only the following information :


### an obligation for the road transport operator to deliver , after the period of posting , in paper or electronic form , copies of documents referred to in points , and , at the request of the authorities of the host member state within a reasonable period of time ; ### an obligation for the road transport operator to deliver , after the period of posting , in paper or electronic form , copies of documents referred to in points and within one month of being asked to do so by the authorities of the host member state ;


### remembrance activities and critical reflection on europe’s historical memory are necessary to make citizens aware of the common history , as the foundation for a common future , moral purpose and shared values . the relevance of historical , cultural and intercultural aspects should also be taken into account , as well as the links between remembrance and the creation of a european identity and sense of belonging together . ### remembrance activities and critical reflection on europe’s historical memory are necessary to make citizens aware of the common history , as the foundation for a common future and shared values . the relevance of historical , social , cultural and intercultural aspects should also be taken into account , as well as the links between remembrance and the creation of a european identity and sense of belonging together .


### increasing citizens ' understanding of the union , its history , cultural heritage and diversity ; ### increasing citizens ' understanding of the union , its&#160 ; present&#160 ; and future challenges , its history , cultural heritage and diversity ;


### mutual learning through exchange of good practices among stakeholders to improve knowledge and mutual understanding and civic and democratic engagement ; ### mutual learning through exchange and highlighting of good practices among stakeholders to improve knowledge and mutual understanding , civic and democratic engagement as well as to further valorise the results of the supported activities ;


### in order to bring the european union closer to its citizens , a variety of actions and coordinated efforts are necessary . bringing together citizens in town - twinning projects or networks of towns and supporting civil society organisations in the areas covered by the programme will contribute to increase citizens ' engagement in society and ultimately their involvement in the democratic life of the union . at the same time supporting activities promoting mutual understanding , diversity , dialogue and respect for others fosters a sense of belonging and a european identity , based on a shared understanding of european values , culture , history and heritage . the promotion of a greater sense of belonging to the union and of union values is particularly important amongst citizens of the eu outermost regions due to their remoteness and distance from continental europe . ### in order to bring the european union closer to its citizens , a variety of actions and coordinated efforts are necessary . bringing together citizens in town - twinning projects or networks of towns and supporting civil society organisations in the areas covered by the programme will contribute to increase citizens ' engagement in society and ultimately their active involvement in the democratic life of the union as well as in the shaping of eu’s political agenda . at the same time supporting activities promoting mutual understanding , diversity , dialogue and respect for others fosters a sense of belonging and a european identity , based on a shared understanding of european values , culture , history and heritage . the promotion of a greater sense of belonging to the union and of union values is particularly important amongst citizens of the eu outermost regions due to their remoteness and distance from continental europe .


### the justice , rights and values fund and its two underlying funding programmes will focus primarily on people and entities , which contribute to make our common values , rights and rich diversity alive and vibrant . the ultimate objective is to nurture and sustain rights - based , equal , inclusive and democratic society . that includes a vibrant civil society , encouraging people ' s democratic , civic and social participation and fostering the rich diversity of european society , based on our common history and memory . article 11 of the treaty of the european union further specifies that the institutions shall , by appropriate means , give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of union action . ### the justice , rights and values fund and its two underlying funding programmes will focus primarily on people and entities , which contribute to make our common values , rights and rich diversity alive and vibrant . the ultimate objective is to nurture and sustain rights - based , equal , fair , tolerant , inclusive , plural and democratic society . that includes a vibrant civil society , encouraging people ' s democratic , civic and social active participation and fostering the rich diversity of european society , based on our common history , memory and cultural heritage . article 11 of the treaty of the european union further specifies that the institutions shall , by appropriate means , give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of union action as well as the right to participate in eu decision - making process through the european citizens ' initiative .


### encouraging and facilitating active participation in the construction of a more democratic union as well as awareness of rights and values through support to civil society organisations ### encouraging and facilitating active participation , with particular attention to marginalised groups of society , in the construction of a more democratic union as well as awareness of rights and values through support to civil society organisations ;


### encouraging and facilitating active participation in the construction of a more democratic union as well as awareness of rights and values through support to civil society organisations ### encouraging and facilitating active participation in the construction of a more democratic union , by promoting , inter alia , the use of e - democracy tools and the european citizens ' initiative , as well as awareness of rights and values through support to civil society organisations ;


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


### to promote citizens engagement and participation in the democratic life of the union , ### to promote citizens and in particular young people´s engagement and participation in the democratic life of the union ;


### those rights and values must continue to be promoted and enforced and shared among the citizens and peoples and be at the heart of the eu project . therefore , a new justice , rights and values fund , comprising the rights and values and the justice programmes shall be created in the eu budget . at a time where european societies are confronted with extremism , radicalism and divisions , it is more important than ever to promote , strengthen and defend justice , rights and eu values : human rights , respect for human dignity , freedom , democracy , equality , the rule of law . this will have profound and direct implications for political , social , cultural and economic life in the eu . as part of the new fund , the justice programme will continue to support the further development of union area of justice and cross - border cooperation . the rights and values programme will bring together the 2014 - 2020 programme rights , equality and citizenship established by regulation no 1381 / 2013 of the european parliament and of the council8 and the europe for citizens programme established by council regulation no 390 / 20149 , . _________________ 8 regulation no 1381 / 2013 of the european parliament and of the council of 17 december 2013 establishing a rights , equality and citizenship programme for the period 2014 to 2020 9 council regulation no 390 / 2014 of 14 april 2014 establishing the ‘ europe for citizens’ programme for the period 2014 - 2020 ### those rights and values must continue to be promoted and enforced and shared among the citizens and peoples and be at the heart of the eu project . therefore , a new justice , rights and values fund , comprising the rights and values and the justice programmes shall be created in the eu budget . at a time where european societies are confronted with many challenges , such as political disaffection , polarisation , unemployment , functional illiteracy , extremism , radicalism and divisions , it is more important than ever to promote , strengthen and defend justice , rights and eu values and principles , such as human rights , respect for human dignity , freedom , democracy , pluralism , tolerance , equality , the rule of law . this will have profound and direct implications for political , social , cultural and economic life in the eu . as part of the new fund , the justice programme will continue to support the further development of union area of justice and cross - border cooperation . the rights and values programme will bring together the 2014 - 2020 programme rights , equality and citizenship established by regulation no 1381 / 2013 of the european parliament and of the council8 and the europe for citizens programme established by council regulation no 390 / 20149 , . _________________ 8 regulation no 1381 / 2013 of the european parliament and of the council of 17 december 2013 establishing a rights , equality and citizenship programme for the period 2014 to 2020 9 council regulation no 390 / 2014 of 14 april 2014 establishing the ‘ europe for citizens’ programme for the period 2014 - 2020


### strengthening citizen ' s awareness of european culture , history and remembrance as well as their sense of belonging to the union ; ### strengthening citizen ' s awareness of european culture , history , remembrance , present and future challenges and cultural heritage as well as their sense of belonging to the union ;


### article 24 tfeu obliges the european parliament and the council to adopt provisions for the procedures and conditions required for a citizen ' s initiative within the meaning of article 11 of the treaty on european union . this has been done by adopting regulation [ no 211 / 2011 of the european parliament and of the council14 ] . the programme should support the financing of technical and organisational support to implement regulation [ no 211 / 2011 ] , thereby underpinning the exercise by citizens of the right to launch and support european citizens’ initiatives . _________________ 14 regulation no 211 / 2011 of the european parliament and of the council of 16 february 2011 on the citizens’ initiative . ### article 24 tfeu obliges the european parliament and the council to adopt provisions for the procedures and conditions required for a citizen ' s initiative within the meaning of article 11 of the treaty on european union . this has been done by adopting regulation [ no 211 / 2011 of the european parliament and of the council14 ] . the programme should promote and encourage the exercise by citizens of their right to launch and join european citizens’ initiatives by supporting the financing of technical and organisational support to implement regulation [ no 211 / 2011 ] . _________________ 14 regulation no 211 / 2011 of the european parliament and of the council of 16 february 2011 on the citizens’ initiative .


### ' paternity leave ' means leave from work for fathers to be taken on the occasion of the birth of a child ; ### ' paternity leave ' means paid leave from work for fathers or an equivalent second parent as defined in national law on the grounds of the birth or adoption of a child , to be taken around the occasion of the birth or adoption of a child within duration limits of the maternity leave ;


### at the latest , by five years after the entry into force of this directive , member states shall communicate to the commission all relevant information concerning the application of this directive necessary for the commission to draw up a report to the european parliament and the council on the application of this directive . ### by . . . [ three years after the entry into force of this directive ] , member states shall communicate to the commission all relevant information concerning the application of this directive and an in - depth evaluation of the effects of the directive on female employment statistics , accompanied , if appropriate , by a legislative proposal .


### in order to encourage working parents and carers to remain in the work force , those workers should be able to adapt their working schedules to their personal needs and preferences . working parents and carers should therefore be able to request flexible working arrangements , meaning the possibility for workers to adjust their working patterns , including through the use of remote working arrangements , flexible working schedules , or a reduction in working hours , for caring purposes . in order to address the needs of workers and employers , it should be possible for member states to limit the duration of flexible working arrangements , including a reduction in working hours . while working part - time has been shown to be useful in allowing some women to remain in the labour market after having children , long periods of reduced working hours may lead to lower social security contributions translating into reduced or non - existing pension entitlements . the ultimate decision as to whether or not to accept a worker’s request for flexible working arrangements should lie with the employer . specific circumstances underlying the need for flexible working arrangements can change . workers should therefore not only have the right to return to their original working patterns at the end of a given agreed period , but should also be able to request to do so at any time where a change in the underlying circumstances so requires . ### in order to encourage working parents and carers to remain in the workforce , those workers should be able to adapt their working schedules to their personal needs and preferences . working parents and carers should therefore be able to request flexible working arrangements , meaning the possibility for workers to adjust their working patterns , including through the use of remote working arrangements , flexible working schedules , or a reduction in working hours , for caring purposes , with the proviso that the necessary safeguards should always be in place in order to avert all forms of abuse . in order to address the needs of workers and employers , and of micro , small , and medium - sized enterprises in particular , it should be possible for member states to limit the duration of flexible working arrangements , including a reduction in working hours . while working part - time has been shown to be useful in allowing some women to remain in the labour market after having children , long periods of reduced working hours may lead to lower social security contributions translating into reduced or non - existing pension entitlements . the ultimate decision as to whether or not to accept a worker’s request for flexible working arrangements should lie with the employer . specific circumstances underlying the need for flexible working arrangements can change . workers should therefore not only have the right to return to their original working patterns at the end of a given agreed period , but should also be able to request to do so at any time where a change in the underlying circumstances so requires .


### employers shall consider and respond to requests for flexible working arrangements referred to in paragraph 1 , taking into account the needs of both employers and workers . employers shall justify any refusal of such a request . ### employers shall consider and respond in writing to requests for flexible working arrangements referred to in paragraph 1 , taking into account the needs of both employers and workers . employers shall justify in writing any refusal of such a request .


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


### member states shall take the necessary measures to ensure that fathers have the right to take paternity leave of at least ten working days on the occasion of the birth of a child . ### member states shall take the necessary measures to ensure that the second parent has the right to take mandatory paid paternity leave of at least fourteen working days on the occasion of the birth or adoption of a child , or at least fifteen days in the event of multiple births or adoptions .


### when flexible working arrangements referred to in paragraph 1 are limited in duration , the worker shall have the right to return to the original working pattern at the end of the agreed period . the worker shall also have the right to request to return to the original working pattern whenever a change of circumstances so justifies . employers shall be obliged to consider and respond to such requests , taking into account the needs of both employers and workers . ### when flexible working arrangements referred to in paragraph 1 are limited in duration , the worker shall have the right to return to the original working pattern at the end of the agreed period . provision shall also be made for a transitional protection period following the worker’s return to work in order to allow the worker an easier and more effective reintegration into professional life , bearing in mind that , during that protection period , the use of new technologies could help workers to move more quickly towards resuming work in a lasting , more agile manner , while updating their skills . the worker shall have the right to request to return to the original working pattern at the same level of employment . employers shall justify in writing any refusal of such a request .


### employers shall consider and respond to requests for flexible working arrangements referred to in paragraph 1 , taking into account the needs of both employers and workers . employers shall justify any refusal of such a request . ### employers shall consider and respond in writing to requests for flexible working arrangements referred to in paragraph 1 , taking into account the needs of both employers and workers , in particular in micro businesses . employers shall justify any refusal of such a request while providing options for alternative arrangements .


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


### in order to encourage a more equal sharing of caring responsibilities between women and men , the right to paternity leave for fathers to be taken on the occasion of the birth of a child should be introduced . in order to take account of differences among member states , the right to paternity leave should be irrespective of marital or family status as defined in national law . ### in order to encourage a more equal sharing of caring responsibilities between women and men , the right to paid paternity leave for fathers or an equivalent second parent as defined in national law to be taken around the occasion of the birth or adoption of a child and within duration limits of the maternity leave should be introduced . in order to take account of differences among member states , the right to paternity leave should be irrespective of marital or family status as defined in national law .


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


### in order to provide greater opportunities to remain in the work force for men and women carrying of elderly family member and / or other relatives in need of care , workers with a seriously ill or dependant relative should have the right to take time off from work in the form of carers’ leave to take care of that relative . to prevent abuse of that right , proof of the serious illness or dependency may be required prior to granting of the leave . ### in order to provide greater opportunities to remain in the workforce for men and women caring for elderly family members and / or other relatives in need of care , workers with a seriously ill or dependent relative should have the right to take time off from work in the form of carers’ leave to take care of that relative . to prevent abuse of that right , proof of the serious illness or dependency may be required prior to granting of the leave . to simplify leave requests , however , carers should be required to furnish such proof once only under a simplified standard procedure .


### “parental leave” means leave from work on the grounds of the birth or adoption of a child to take care of that child ; ### “parental leave” means paid leave from work on the grounds of the birth or adoption of a child to take care of that child ;


### member states shall ensure that the provisions adopted pursuant to this directive , together with the relevant provisions already in force relating to the subject matter as set out in article 1 of this directive , are brought by all appropriate means to the attention of the persons concerned throughout their territory . ### member states shall ensure that the provisions adopted pursuant to this directive , together with the relevant provisions already in force relating to the subject matter as set out in article 1 of this directive , are brought by all appropriate means to the attention of the persons concerned throughout their territory , also through the single digital gateway .


### member states may define the circumstances in which an employer , following consultation in accordance with national law , collective agreements and / or practice , may be allowed to postpone the granting of parental leave by a reasonable period of time on the grounds that it would seriously disrupt the good functioning of the establishment . employers shall justify any postponement of parental leave in writing . ### member states shall define the circumstances in which an employer , following consultation in accordance with national law , collective agreements and / or practice , may be allowed to postpone the granting of parental leave by a reasonable period of time on the grounds that it would seriously disrupt the good functioning of the establishment . employers shall justify any postponement of parental leave in writing .


### work - life balance remains however a considerable challenge for many parents and workers with caring responsibilities , with a negative impact on female employment . a major factor contributing to the underrepresentation of women in the labour market is the difficulty of balancing work and family obligations . when they have children , women tend to work less hours in paid employment and spend more time fulfilling unpaid care responsibilities . having an ill or dependent relative has also been shown to have a negative impact on female employment , leading some women to drop out of the labour market entirely . ### the rise of the dual - earner household has led to work intensification and greater pressures on , and demands for , work - life balance . as a result , work - life balance remains a considerable challenge for many parents and workers with caring responsibilities , with a negative impact on female employment . a major factor contributing to the underrepresentation of women in the labour market is the difficulty of balancing work and family obligations . when they have children , elderly dependents or immediate relatives with incapacitating chronic diseases , women are obliged to work fewer hours in paid employment and spend more time fulfilling unpaid care responsibilities . this contributes substantially to the gender pay gap , which is as high as 28 % in certain member states , and accumulates over the working life into a gender pension gap , which averages 40 % in the union , and results in a higher risk of poverty and social exclusion for women . having an ill or dependent relative has also been shown to have a negative impact on female employment , leading some women to drop out of the labour market in part or entirely .


### this directive should apply to all workers who have employment contracts or other employment relationships . as is currently the case under clause 2 of the annex to directive 2010 / 18 / eu , this should include contracts relating to employment or employment relationships of part - time workers , fixed - term contract workers or persons with a contract of employment or employment relationship with a temporary agency . ### this directive should apply to all workers who have employment contracts or other employment relationships , including atypical contracts . as is currently the case under clause 2 of the annex to directive 2010 / 18 / eu , this should include contracts relating to employment or employment relationships of part - time workers , fixed - term contract workers or persons with a contract of employment or employment relationship with a temporary agency .


### since public awareness of the hazards that pops pose to the health of present and future generations as well as to the environment , particularly in developing countries , is often lacking , wide - scale information is needed to increase the level of caution and public understanding of the rationale for restrictions and bans . in accordance with the convention , public awareness programmes on those substances , especially for the most vulnerable groups , as well as training of workers , scientists , educators , technical and managerial personnel should be promoted and facilitated , as appropriate . ### since public awareness of the hazards that pops pose to the health of present and future generations as well as to the environment , particularly in developing countries , is often lacking , wide - scale information is needed to increase the level of caution and gain support for restrictions and bans . in accordance with the convention , public awareness programmes on those substances , on their health and environmental effects and on their alternatives , especially for the most vulnerable groups , as well as training of workers , scientists , educators , technical and managerial personnel should be promoted and facilitated , as appropriate . the union should ensure access to information and public participation , implementing the un / ece convention on access to information , public participation in decision making and access to justice in environmental matters , which was approved by the union on 17 february20051a . _________________ 1a oj l 124 , 17 . 5 . 2005 , p . 1 .


### since public awareness of the hazards that pops pose to the health of present and future generations as well as to the environment , particularly in developing countries , is often lacking , wide - scale information is needed to increase the level of caution and public understanding of the rationale for restrictions and bans . in accordance with the convention , public awareness programmes on those substances , especially for the most vulnerable groups , as well as training of workers , scientists , educators , technical and managerial personnel should be promoted and facilitated , as appropriate . ### since public awareness of the hazards that pops pose to the health of present and future generations as well as to the environment , particularly in developing countries , is often lacking , wide - scale information is needed to increase the level of caution and gain support for restrictions and bans . in accordance with the convention , public awareness programmes on those substances , on their health and environmental effects and on their alternatives , especially for the most vulnerable groups , as well as training of workers , scientists , educators , technical and managerial personnel should be promoted and facilitated , as appropriate . the union should ensure access to information and public participation , implementing the un / ece convention on access to information , public participation in decision making and access to justice in environmental matters , which was approved by the union on 17 february 20051a . _________________ 1a oj l 124 , 17 . 5 . 2005 , p . 1 .


### without prejudice to directive 2003 / 4 / ec of the european parliament and of the council32 , information referred to in paragraphs 1 and 2 shall not be regarded as confidential . the commission , the agency and the member states that exchange information with a third country shall protect any confidential information in accordance with union law . _________________ 32 directive 2003 / 4 / ec of the european parliament and of the council of 28 january 2003 on public access to environmental information and repealing council directive 90 / 313 / eec . ### without prejudice to directive 2003 / 4 / ec of the european parliament and of the council32 , information on health and safety of humans and the environment shall not be regarded as confidential . the commission , the agency and the member states that exchange information with a third country shall protect any confidential information in accordance with union law . _________________ 32 directive 2003 / 4 / ec of the european parliament and of the council of 28 january 2003 on public access to environmental information and repealing council directive 90 / 313 / eec .


### in line with the protocol and the convention , releases of pops which are unintentional by - products of industrial processes should be identified and reduced as soon as possible with the ultimate aim of elimination , where feasible . appropriate national action plans , covering all sources and measures , including those provided for under existing union legislation , should be implemented and developed to reduce such releases continuously and cost - effectively . to this end , appropriate tools should be developed in the framework of the convention . ### in line with the protocol and the convention , releases of pops which are unintentional by - products of industrial processes should be identified and reduced as soon as possible with the ultimate aim of elimination , where feasible . appropriate national action plans , covering all sources and measures , including those provided for under existing union legislation , should be implemented and developed to reduce such releases continuously and cost - effectively as soon as possible . to this end , appropriate tools should be developed in the framework of the convention .


### members of the european border and coast guard teams , as well as teams of staff involved in return - related tasks are entitled by regulation 2016 / 1624 of the european parliament and the council to consult european databases where necessary for fulfilling operational tasks specified in the operational plan on border checks , border surveillance and return , under the authority of the host member state . for the purpose of facilitating that consultation and enabling the teams an effective access to the data entered in vis , the ecbga should be given access to vis . such access should follow the conditions and limitations of access applicable to the member states ' authorities competent under each specific purpose for which vis data can be consulted . ### all officials deployed in operational activities by the european border and coast guard agency , in particular staff involved in return - related tasks , are entitled by regulation 2016 / 1624 of the european parliament and the council to consult european databases where necessary for fulfilling operational tasks specified in the operational plan on border checks , border surveillance and return , under the authority of the host member state . for the purpose of facilitating that consultation and enabling the teams an effective access to the data entered in vis , the ecbga should be given access to vis . such access should follow the conditions and limitations of access applicable to the member states ' authorities competent under each specific purpose for which vis data can be consulted .


### the right referred to in paragraph 1 shall not extend to the use in criminal proceedings of material which may be obtained from the suspects or accused persons through the use of lawful compulsory powers but which has an existence independent of the will of the suspects or accused persons . ### the right referred to in paragraph 1 shall not extend to the use in criminal proceedings of material which has an existence independent of the will of the suspects or accused persons and may legitimately be obtained from them through the correct use of compulsory powers provided for by law .


### the right to remain silent is an important aspect of the presumption of innocence . it should serve as protection from self - incrimination . ### the right to remain silent is an important aspect of the presumption of innocence . it should serve as protection from self - incrimination . the right to remain silent cannot in any circumstances be used against the accused or suspected person and cannot be regarded as substantiation of the charges .


### member states shall ensure that suspects or accused persons are presumed innocent until proven guilty according to law . ### member states shall ensure that suspects or accused persons are presumed innocent until proven criminally liable under the legislation in force .


### exercise of the right not to incriminate oneself or of the right not to cooperate shall not be used against a suspect or accused person at a later stage of the proceedings and shall not be considered as a corroboration of facts . ### exercise of the right not to incriminate oneself shall not be used against a suspect or accused person at any stage of the proceedings and shall not be considered as a corroboration of facts .


### this directive applies to natural persons suspected or accused in criminal proceedings until the final conclusion of those proceedings . ### this directive applies to natural persons suspected or accused at every stage of the criminal proceedings , irrespective of their nationality or place of residence , even before being informed by the member state authorities , through official notification or any other means of the fact that they are suspected or accused of having committed an offence , and until the proceedings are finally concluded , either definitively by the criminal investigation authorities or with the handing down of a final and unappealable judicial finding of innocence or guilt . this directive shall also apply to proceedings brought by the european public prosecutor ' s office referred to in article 86 of the treaty on the functioning of the european union .


### by establishing minimum rules on the protection of procedural rights of suspects or accused persons , this directive should strengthen the trust of member states in the criminal justice systems of other member states and can thus help to facilitate mutual recognition of decisions in criminal matters . such common minimum rules should also remove obstacles to the free movement of citizens throughout the territory of the member states . ### by establishing minimum rules on the protection of procedural rights of suspects or accused persons , this directive should strengthen the trust of member states in the criminal justice systems of other member states and can thus help to facilitate mutual recognition of decisions in criminal matters .


### by establishing minimum rules on the protection of procedural rights of suspects or accused persons , this directive should strengthen the trust of member states in the criminal justice systems of other member states and can thus help to facilitate mutual recognition of decisions in criminal matters . such common minimum rules should also remove obstacles to the free movement of citizens throughout the territory of the member states . ### pursuant to article 82 of the treaty on the functioning of the european union , ' judicial cooperation in criminal matters in the union shall be based on the principle of mutual recognition of judgments and judicial decisions . . . ' while mutual recognition of decisions in criminal matters presupposes trust in each other ' s criminal justice system by the member states . the principle of mutual recognition of sentences and other decisions of judicial authorities is the cornerstone of judicial cooperation in civil and criminal matters within the union . by establishing minimum rules on the protection of procedural rights of suspects or accused persons , this directive seeks to strengthen the trust of member states in the criminal justice systems of other member states and can thus help to facilitate mutual recognition of decisions in criminal matters . such common minimum rules could have an impact on removing obstacles to the free movement of citizens throughout the territory of the member states .


### member states shall ensure that the burden of proof in establishing the guilt of suspects or accused persons is on the prosecution . this is without prejudice to any ex officio fact finding powers of the trial court . ### member states shall ensure that the burden of proof in establishing the guilt of suspects or accused persons is on the prosecution . this is without prejudice to any ex officio fact finding powers of the trial court . member states shall also ensure that suspects or accused persons have the benefit of any doubt . member states shall ensure that suspects or accused persons always have the opportunity to submit evidence for the defence or to conduct investigations for the defence through their lawyer .


### any evidence obtained in breach of this article shall not be admissible , unless the use of such evidence would not prejudice the overall fairness of the proceedings . ### any evidence obtained in breach of this article shall not be admissible at any stage of the proceedings , and shall be removed from the case file .


### this directive should apply only to criminal proceedings . administrative proceedings leading to sanctions such as competition , trade , tax , financial services proceedings and other investigations by administrative authorities in relation to these proceedings , and also civil proceedings are not covered by this directive . ### this directive should apply only to criminal proceedings , including administrative proceedings that may lead to penalties such as deprivation of liberty , irrespective of whether or not the proceedings are classified as criminal .


### any evidence obtained in breach of this article shall not be admissible , unless the use of such evidence would not prejudice the overall fairness of the proceedings . ### any evidence obtained in breach of this article shall not be admissible .


### was informed that a decision may be handed down if he or she does not appear for the trial ; or ### was informed that a decision may be handed down if he or she does not appear for the trial ; and


### member states shall ensure that suspects or accused persons have the right not to incriminate themselves and not to cooperate in any criminal proceeding . ### member states shall ensure that suspects or accused persons have the right not to incriminate themselves in any criminal proceeding .


### member states shall ensure that appropriate measures are taken in the event of a breach of that requirement . ### member states shall ensure that appropriate measures are laid down and taken , including the imposition of penalties , in the event of a breach of that requirement , and that the suspect or accused person whose right to the presumption of innocence has been violated has access to an effective remedy . member states shall ensure that the presumption of innocence is not violated by the press , by taking the appropriate measures , including the imposition of penalties , in cases in which the press presents a suspect or accused person as if they had already been convicted .


### either was summoned in person and thereby informed of the scheduled date and place of the trial , or by other means actually received official information of the scheduled date and place of that trial in such a manner that it was unequivocally established that he or she was aware of the scheduled trial ; ### either was summoned in person and thereby informed , by means of a summons , of the scheduled date and place of any hearing connected with the trial , or by other means actually received official information of the scheduled date and place of any hearing connected with that trial in such a manner that it was unequivocally established that he or she was aware that a trial was ongoing against him or her ;


### this regulation should , therefore , apply to online content services that a service provider , after having obtained the relevant rights from right holders in a given territory , provides to its subscribers on the basis of a contract , by any means including streaming , downloading or any other technique which allows use of that content . a registration to receive content alerts or a mere acceptance of html cookies should not be regarded as a contract for the provision of online content service for the purposes of this regulation . ### this regulation should , therefore , apply to online content services that a service provider , after having obtained the relevant rights from right holders in a given territory , provides to its subscribers on the basis of a contract , by any means including streaming , downloading or any other technique which allows use of that content . a registration to receive content alerts , mere acceptance of html cookies or payment of a universal mandatory fee such as a broadcasting licence fee , should not be regarded as a contract for the provision of online content service for the purposes of this regulation .


### online content services which are provided without payment of money are also included in the scope of this regulation to the extent that providers verify the member state of residence of their subscribers . online content services which are provided without the payment of money and whose providers do not verify the member state of residence of their subscribers should be outside the scope of this regulation as their inclusion would involve a major change to the way these services are delivered and involve disproportionate costs . as concerns verification of the subscriber ' s member state of residence , information such as a payment of a licence fee for other services provided in the member state of residence , the existence of a contract for internet or telephone connection , ip address or other means of authentication , should be relied upon , if they enable the provider to have reasonable indicators as to the member state of residence of its subscribers . ### providers of online content services which are provided without payment of money should have the option to be included in the scope of this regulation to the extent that providers verify the member state of residence of their subscribers . online content services which are provided without the payment of money and whose providers do not verify the member state of residence of their subscribers should be outside the scope of this regulation as their inclusion would involve a major change to the way these services are delivered and involve disproportionate costs . if these providers exercise the option , they should comply with the same obligations as are foreseen by this regulation for the providers of online content services which are provided against payment of money . failing to verify the member state of residence of the subscribers effectively and therefore not being included in the scope of this regulation should mean that these providers cannot take advantage of the mechanism mentioned in article 4 and are therefore unable to provide portability for the content offered .


### ' temporarily present ' means a presence of a subscriber in a member state other than the member state of residence ; ### ' temporarily present in a member state ' means a presence of a subscriber in a member state other than the member state of residence ;


### service providers should ensure that their subscribers are properly informed about the conditions of enjoyment of online content services in member states other than the member state of residence of the subscribers . the regulation enables right holders to require that the service provider make use of effective means in order to verify that the online content service is provided in conformity with this regulation . it is necessary , however , to ensure that the required means are reasonable and do not go beyond what is necessary in order to achieve this purpose . examples of the necessary technical and organisational measures may include sampling of ip address instead of constant monitoring of location , transparent information to the individuals about the methods used for the verification and its purposes , and appropriate security measures . considering that for purposes of the verification what matters is not the location , but rather , in which member state the subscriber is accessing the service , precise location data should not be collected and processed for this purpose . similarly , where authentication of a subscriber is sufficient in order to deliver the service provided , identification of the subscriber should not be required . ### service providers should ensure that their subscribers are properly informed about the conditions of enjoyment of online content services in member states other than the member state of residence of the subscribers . the regulation enables right holders to oblige the service provider to make use of effective means in order to verify that the online content service is provided in conformity with this regulation . it is necessary , however , to ensure that the required means of verification and authentication are reasonable and do not go beyond what is necessary in order to achieve this purpose . examples of the necessary technical and organisational measures may include sampling of ip address instead of constant monitoring of location , transparent information to the individuals about the methods used for the verification and its purposes , and appropriate security measures . considering that for purposes of the verification what matters is not the location , but rather , in which member state the subscriber is accessing the service , precise location data should not be collected and processed for this purpose . similarly , where authentication of a subscriber is sufficient in order to deliver the service provided , identification of the subscriber should not be required .


### since the internal market comprises an area without internal frontiers relying , inter alia , on the free movement of services and persons , it is necessary to provide that consumers can use online content services which offer access to content such as music , games , films or sporting events not only in their member state of residence but also when they are temporarily present in other member states of the union . therefore , barriers that hamper access and use of such online content services cross border should be eliminated . ### the development of a european identity and citizenship also relies on the smooth functioning of the internal market , which comprises an area without internal frontiers where the free movement of services and persons is guaranteed and encouraged . it is therefore necessary to ensure seamless access to online content services throughout the union by providing that consumers can use online content services which offer access to content such as music , games , films or sporting events not only in their member state of residence but also when they are temporarily present in other member states of the union for such purposes as leisure , business or study . therefore , barriers that hamper access and use of such online content services cross border should be eliminated .


### this regulation lays down a framework on the indication by labelling and standard product information of the consumption of energy and other resources by energy - related products during use and supplementary information concerning energy - related products in order to allow customers to choose more efficient products . ### this regulation lays down a framework on the indication by labelling and standard product information of the consumption of energy under real - life conditions and other resources by energy - related products during use under real - life conditions and supplementary information concerning energy - related products , including the durability of products and the extent to which they can be repaired or recycled , in order to allow customers to choose more sustainable and efficient products .


### the provision of accurate , relevant and comparable information on the specific energy consumption of energy - related products facilitates the customer ' s choice in favour of those products which consume less energy and other essential resources during use . a standardised mandatory label is an effective mean to provide potential customers with comparable information on the energy consumption of energy - related products . it should be supplemented with a product information sheet . the label should be easily recognisable , simple and concise . to this end the existing dark green to red colour scale of the label should be retained as the basis to inform customers about the energy efficiency of products . a classification using letters from a to g has shown to be most effective for customers . in situations where because of ecodesign measures under directive 2009 / 125 / ec products can no longer fall into classes ' f ' or ' g ' , those classes should not be shown on the label . for exceptional cases this should also be extended to the ' d ' and ' e ' classes , although this situation is unlikely to occur given that the label would be rescaled once a majority of product models falls into the top two classes . ### the provision of accurate , relevant and comparable information on the specific energy consumption of energy - related products facilitates the customer ' s choice in favour of those products which consume less energy and other essential resources during use . a standardised mandatory label is an effective mean to provide potential customers with comparable information on the energy consumption of energy - related products . it should be supplemented with a product information sheet . the label should be easily recognisable , simple and concise . to this end the existing dark green to red colour scale of the label should be retained as the basis to inform customers about the energy efficiency of products . a classification using letters from a to g has shown to be most effective for customers . in situations where , because of ecodesign measures under directive 2009 / 125 / ec , products can no longer fall into certain classes , those classes should be shown on the label using a distinct format and colour .


### the provision of accurate , relevant and comparable information on the specific energy consumption of energy - related products facilitates the customer ' s choice in favour of those products which consume less energy and other essential resources during use . a standardised mandatory label is an effective mean to provide potential customers with comparable information on the energy consumption of energy - related products . it should be supplemented with a product information sheet . the label should be easily recognisable , simple and concise . to this end the existing dark green to red colour scale of the label should be retained as the basis to inform customers about the energy efficiency of products . a classification using letters from a to g has shown to be most effective for customers . in situations where because of ecodesign measures under directive 2009 / 125 / ec products can no longer fall into classes ' f ' or ' g ' , those classes should not be shown on the label . for exceptional cases this should also be extended to the ' d ' and ' e ' classes , although this situation is unlikely to occur given that the label would be rescaled once a majority of product models falls into the top two classes . ### the provision of accurate , relevant and comparable information on the specific energy consumption of energy - related products facilitates the customer ' s choice in favour of those products which consume less energy and other essential resources during use . a standardised mandatory label is an effective mean to provide potential customers with comparable information on the energy consumption of energy - related products . it should be supplemented with a product information sheet . the label should be easily recognisable , simple and concise . to this end the existing dark green to red colour scale of the label should be retained as the basis to inform customers about the energy efficiency of products . a classification using letters from a to g has shown to be most effective for customers . in situations where because of ecodesign measures under directive 2009 / 125 / ec products can no longer fall into classes ' d ' , ' e ' , ' f ' or ' g ' , those classes should not be shown on the label .


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


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


### member states shall take the necessary measures to ensure that workers have an individual right to parental leave of at least four months to be taken before the child reaches a given age which shall be at least twelve . ### member states shall take the necessary measures to ensure that workers have an individual right to parental leave of at least six months to be taken before the child reaches a given age which shall be at least thirteen .


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


### where member states allow one parent to transfer their parental leave entitlement to the other parent , they shall ensure that at least four months of parental leave cannot be transferred . ### where member states allow one parent to transfer their parental leave entitlement to the other parent , they shall ensure that at least three months of parental leave cannot be transferred .


### when flexible working arrangements referred to in paragraph 1 are limited in duration , the worker shall have the right to return to the original working pattern at the end of the agreed period . the worker shall also have the right to request to return to the original working pattern whenever a change of circumstances so justifies . employers shall be obliged to consider and respond to such requests , taking into account the needs of both employers and workers . ### when flexible working arrangements referred to in paragraph 1 are limited in duration , the worker shall have the right to return to the original working pattern at the end of the agreed period . the worker shall also have the right to request to return to the original working pattern whenever a change of circumstances so justifies . employers shall be obliged to consider and respond in writing to such requests , taking into account the needs of both employers and workers .


### member states shall take the necessary measures to ensure that workers have the right to carers ' leave of at least five working days per year , per worker . such right may be subject to appropriate substantiation of the medical condition of the worker ' s relative . ### member states shall take the necessary measures to ensure that workers have the right to paid carers ' leave of at least seven working days per year , per worker . such right must be subject to appropriate substantiation of the medical condition of the worker ' s relative .


### member states shall take the necessary measures to ensure that workers have the right to time off from work on grounds of force majeure for urgent family reasons in cases of illness or accident making the immediate presence of the worker indispensable . member states may limit the right to time off from work on grounds of force majeure to a certain amount of time per year or per case , or both . ### member states shall take the necessary measures to ensure that workers have the right to time off from work on grounds of force majeure for urgent family reasons in cases of illness or accident making the immediate presence of the worker indispensable . member states may make the right to time off from work on grounds of force majeure conditional on the submission of evidence they consider appropriate .


### member states shall lay down rules on penalties applicable to breaches of national provisions adopted pursuant to this directive or the relevant provisions already in force concerning the rights which are within the scope of this directive . member states shall take all measures necessary to ensure that those penalties are applied . penalties shall be effective , proportionate and dissuasive . they may take the form of a fine . they may also comprise payment of compensation . ### member states shall lay down rules on penalties applicable to breaches of national provisions adopted pursuant to this directive or the relevant provisions already in force concerning the rights which are within the scope of this directive . member states shall take all measures necessary to ensure that those penalties are applied . penalties shall be effective , proportionate and dissuasive .


### member states shall take the necessary measures to ensure that fathers have the right to take paternity leave of at least ten working days on the occasion of the birth of a child . ### member states shall take the necessary measures to ensure that fathers have the right to take paternity leave of at least twelve working days on the occasion of the birth or adoption of a child , or at least fifteen days in the event of multiple births or adoptions .


### in order to encourage a more equal sharing of caring responsibilities between women and men , the right to paternity leave for fathers to be taken on the occasion of the birth of a child should be introduced . in order to take account of differences among member states , the right to paternity leave should be irrespective of marital or family status as defined in national law . ### in order to encourage a more equal sharing of caring responsibilities between women and men , the right to paternity leave for fathers to be taken on the occasion of the birth or adoption of a child should be introduced . in order to take account of differences among member states , the right to paternity leave should be irrespective of marital or family status as defined in national law .


### member states may make the right to parental leave subject to a period of work qualification or a length of service qualification which shall not exceed one year . in the case of successive fixed - term contracts , within the meaning of council directive 1999 / 70 / ec21 , with the same employer , the sum of those contracts shall be taken into account for the purpose of calculating the qualifying period . __________________ 21 council directive of 28 june 1999 concerning the framework agreement on fixed - term work concluded by etuc , unice and ceep . ### member states may make the right to parental leave subject to a period of work qualification or a length of service qualification which shall not exceed nine months . in the case of successive fixed - term contracts , within the meaning of council directive 1999 / 70 / ec21 , with the same employer , the sum of those contracts shall be taken into account for the purpose of calculating the qualifying period . __________________ 21 council directive of 28 june 1999 concerning the framework agreement on fixed - term work concluded by etuc , unice and ceep .


### at the latest , by five years after the entry into force of this directive , member states shall communicate to the commission all relevant information concerning the application of this directive necessary for the commission to draw up a report to the european parliament and the council on the application of this directive . ### at the latest , by three years after the entry into force of this directive , member states shall communicate to the commission all relevant information concerning the application of this directive necessary for the commission to draw up a report to the european parliament and the council on the application of this directive .


### in order to encourage working parents and carers to remain in the work force , those workers should be able to adapt their working schedules to their personal needs and preferences . working parents and carers should therefore be able to request flexible working arrangements , meaning the possibility for workers to adjust their working patterns , including through the use of remote working arrangements , flexible working schedules , or a reduction in working hours , for caring purposes . in order to address the needs of workers and employers , it should be possible for member states to limit the duration of flexible working arrangements , including a reduction in working hours . while working part - time has been shown to be useful in allowing some women to remain in the labour market after having children , long periods of reduced working hours may lead to lower social security contributions translating into reduced or non - existing pension entitlements . the ultimate decision as to whether or not to accept a worker’s request for flexible working arrangements should lie with the employer . specific circumstances underlying the need for flexible working arrangements can change . workers should therefore not only have the right to return to their original working patterns at the end of a given agreed period , but should also be able to request to do so at any time where a change in the underlying circumstances so requires . ### in order to encourage working parents and carers to remain in the work force , employers should give those workers the possibility to adapt their working schedules to their personal needs and preferences . working parents and carers should be able to request flexible working arrangements , meaning the possibility for workers to adjust their working patterns , including through the use of remote working arrangements , flexible working schedules , or a reduction in working hours , for caring purposes . in order to address the needs of workers and employers , it should be possible for member states to limit the duration of flexible working arrangements , including a reduction in working hours . while working part - time has been shown to be useful in allowing some women to remain in the labour market after having children , long periods of reduced working hours may lead to lower social security contributions translating into reduced or non - existing pension entitlements . the ultimate decision as to whether or not to accept a worker’s request for flexible working arrangements should lie with the employer . specific circumstances underlying the need for flexible working arrangements can change . workers should therefore not only have the right to return to their original working patterns at the end of a given agreed period , but should also be able to request to do so at any time where a change in the underlying circumstances so requires .


### employers shall consider and respond to requests for flexible working arrangements referred to in paragraph 1 , taking into account the needs of both employers and workers . employers shall justify any refusal of such a request . ### employers shall consider and respond in writing to requests for flexible working arrangements referred to in paragraph 1 , taking into account the needs of both employers and workers . employers shall justify any refusal of such a request .


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


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


### member states should be allowed to withdraw or refuse to renew an eu blue card where the eu blue card holder has either failed to comply with the conditions for mobility under this directive or has repetitively exercised the mobility rights in an abusive manner , for example by applying for eu blue cards in second member states and beginning employment immediately while it is clear that the conditions will not be fulfilled and the application will be refused . ### member states should be allowed to decide whether to grant , withdraw or refuse to renew an eu blue card .


### this directive shall apply to third - country nationals who apply to be admitted or who have been admitted to the territory of a member state for the purpose of highly skilled employment . ### this directive shall apply to third - country nationals who apply to be admitted or who have been admitted to the territory of a member state for the purpose of highly qualified employment .


### the concept of highly skilled worker should replace the concept of highly qualified worker in order to emphasise that both formal educational qualifications and equivalent professional experience should be taken equally into account as criteria for admission . according to a council recommendation of 20 december 201232 , the validation of learning outcomes , namely competences 33 acquired through non - formal and informal learning can play an important role in enhancing employability and mobility . it recommends member states to have in place , no later than 2018 , arrangements for the validation of non - formal and informal learning . as mechanisms and arrangements for the evaluation and validation of professional experience are not readily available in all member states , an additional transposition period of two years after the entry into force of this directive should be provided for the provisions related to recognising professional experience in order to enable member states , where necessary , to develop such mechanisms and arrangements . member states’ national contact points on the eu blue card should be involved in effective cooperation with stakeholders and networks in the education , training , employment and youth sectors , as well as other relevant policy areas , for the purpose of recognising professional experience under this directive . _________________ 32 council recommendation of 20 december 2012 on the validation of non - formal and informal learning . 33 recommendation of the european parliament and of the council of 18 december 2006 on key competences for lifelong learning . ### the concept of highly skilled worker should not replace the concept of highly qualified worker .


### eu blue card holders shall have full access to highly skilled employment in the member state concerned . member states may require that a change of employer and changes affecting the fulfilment of the criteria for admission as set out in article 5 are communicated in accordance with procedures laid down by national law . ### eu blue card holders shall have access to highly qualified employment in the member state concerned . member states may require that a change of employer and changes affecting the fulfilment of the criteria for admission as set out in article 5 are communicated in accordance with procedures laid down by national law .


### in order to ensure a sufficient level of harmonisation in the admission conditions throughout the union , both minimum and maximum factors for calculating the salary threshold should be determined . member states should fix their threshold in accordance with the situation and organisation of their respective labour markets and their general immigration policies . ### calculating the salary threshold should be determined by the member state concerned .


### beneficiaries of international protection as defined in article 2 of directive 2011 / 95 / eu of the european parliament and of the council34 have a wide set of rights including labour market access in the member state having granted them protection . in order to further promote social inclusion of these persons and enhance their labour market opportunities across the union , those who are highly skilled should be entitled to apply for an eu blue card . they should be subject to the same rules as any other third - country national falling within the scope of this directive , while holding the statuses of beneficiary of international protection and eu blue card holder in parallel . however , for reasons of legal clarity and coherence , the provisions on equal treatment and family reunification of this directive should not apply to this group of eu blue card holders in the member state which granted them international protection . those rights should remain regulated under the asylum acquis and , where applicable , council directive 2003 / 86 / ec35 . _________________ 34 directive 2011 / 95 / eu of the european parliament and of the council of 13 december 2011 on standards for the qualification of third - country nationals or stateless persons as beneficiaries of international protection , for a uniform status for refugees or for persons eligible for subsidiary protection , and for the content of the protection granted . 35 council directive 2003 / 86 / ec of 22 september 2003 on the right to family reunification . ### beneficiaries of international protection who are highly skilled should not be entitled to apply for an eu blue card . they should not be subject to the same rules as any other third - country national falling within the scope of this directive , holding the statuses of beneficiary of international protection and eu blue card in parallel should not be granted .


### beneficiaries of international protection as defined in article 2 of directive 2011 / 95 / eu of the european parliament and of the council34 have a wide set of rights including labour market access in the member state having granted them protection . in order to further promote social inclusion of these persons and enhance their labour market opportunities across the union , those who are highly skilled should be entitled to apply for an eu blue card . they should be subject to the same rules as any other third - country national falling within the scope of this directive , while holding the statuses of beneficiary of international protection and eu blue card holder in parallel . however , for reasons of legal clarity and coherence , the provisions on equal treatment and family reunification of this directive should not apply to this group of eu blue card holders in the member state which granted them international protection . those rights should remain regulated under the asylum acquis and , where applicable , council directive 2003 / 86 / ec35 . _________________ 34 directive 2011 / 95 / eu of the european parliament and of the council of 13 december 2011 on standards for the qualification of third - country nationals or stateless persons as beneficiaries of international protection , for a uniform status for refugees or for persons eligible for subsidiary protection , and for the content of the protection granted . 35 council directive 2003 / 86 / ec of 22 september 2003 on the right to family reunification . ### beneficiaries of international protection as defined in article 2 of directive 2011 / 95 / eu of the european parliament and of the council34 have a wide set of rights including labour market access in the member state having granted them protection . in order to further promote social inclusion of these persons and enhance their labour market opportunities across the union , those who are highly skilled should be entitled to apply for an eu blue card . they should be subject to the same rules as any other third - country national falling within the scope of this directive , while holding the statuses of beneficiary of international protection and eu blue card holder in parallel . _________________ 34 directive 2011 / 95 / eu of the european parliament and of the council of 13 december 2011 on standards for the qualification of third - country nationals or stateless persons as beneficiaries of international protection , for a uniform status for refugees or for persons eligible for subsidiary protection , and for the content of the protection granted .


### it is necessary to provide for a flexible demand - driven admission system based on objective criteria , such as a work contract or a binding job offer of at least 6 months , a salary threshold adaptable by the member states to the situation in its labour market and higher professional qualifications . ### it is necessary to provide for a flexible demand - driven admission system based on objective criteria , such as a work contract or a binding job offer of at least 12 months , a salary threshold adaptable by the member states to the situation in its labour market and higher professional qualifications .


### the rights acquired by a beneficiary of international protection as an eu blue card holder should be without prejudice to rights enjoyed by the person concerned under directive 2011 / 95 / eu and under the geneva convention in the member state which granted the protection status . in that member state , in order to avoid situations of conflicting rules , the provisions on equal treatment and family reunification of this directive should not apply . persons who are beneficiaries of international protection in one member state and eu blue card holders in another should enjoy the same rights including equality of treatment with nationals of the member state of residence as any other eu blue card holders in the latter member state . ### deleted


### since eu blue card holders are highly skilled workers contributing to addressing labour and skills shortages in key sectors , the principle of access to the labour market should be the general rule . however , in circumstances where the domestic labour market undergoes serious disturbances such as a high level of unemployment in a given occupation or sector , which may be limited to particular regions or other parts of the territory , a member state should be able to take into account the situation of its labour market before issuing an eu blue card . ### in circumstances where the domestic labour market undergoes serious disturbances such as a high level of unemployment in a given occupation or sector , which may be limited to particular regions or other parts of the territory , a member state should be able to take into account the situation of its labour market before issuing an eu blue card .