### in accordance with the multi - level governance approach , the partners shall be involved by member states in the preparation of partnership contracts and progress reports and in the preparation , implementation , monitoring and evaluation of programmes . the partners shall participate in the monitoring committees for programmes . ### in accordance with the multi - level governance approach and with the partnership contract , as referred to in paragraph 1 , the partners shall be involved by member states in the preparation of partnership contracts and progress reports and in the preparation , implementation , monitoring and evaluation of programmes .


### enhancing the competitiveness of small and medium - sized enterprises , the agricultural sector and the fisheries and aquaculture sector ; ### enhancing the competitiveness of small , medium - sized and micro - enterprises , as well as self - employed people , the agricultural sector and the fisheries and aquaculture sector ;


### promoting social inclusion and combating poverty ; ### promoting active social inclusion and combating poverty ;


### enhancing institutional capacity and an efficient public administration . ### enhancing institutional capacity and an efficient public administration , in cooperation with the european economic and social partners and european partner organisations .


### an analysis of disparities and development needs with reference to the thematic objectives and key actions defined in the common strategic framework and the targets set in the country - specific recommendations under article 121 of the treaty and the relevant council recommendations adopted under article 148 of the treaty ; ### an analysis of disparities and development needs with reference to the thematic objectives and key actions as recommendations defined in the common strategic framework and the targets set in the country - specific recommendations under article 121 of the treaty and the relevant council recommendations adopted under article 148 of the treaty , taking account of the member state ' s national reform programme ;


### the arrangements to ensure an integrated approach to the use of the csf funds for the territorial development of urban , rural , coastal and fisheries areas and areas with particular territorial features , in particular the implementation arrangements for articles 28 , 29 and 99 accompanied , where appropriate , by a list of the cities to participate in the urban development platform referred to in article 8 of the erdf regulation ; ### the arrangements to ensure an integrated approach to the use of the csf funds for the territorial development of urban , rural , coastal and fisheries areas and areas with particular territorial features , in particular the implementation arrangements for articles 28 , 29 and 99 accompanied , where appropriate , by an indicative list of the cities to participate in the urban development platform referred to in article 8 of the erdf regulation ;


### an integrated approach to address the specific needs of geographical areas most affected by poverty or of target groups at highest risk of discrimination or exclusion , with special regard to marginalised communities , where appropriate , including the indicative financial allocation for the relevant csf funds ; ### an integrated approach to address the specific needs of geographical areas most affected by poverty and unemployment or of target groups at highest risk of discrimination or social exclusion , with special regard to persons with disabilities and marginalised communities , where appropriate , including the indicative financial allocation for the relevant csf funds ;


### the commission shall adopt a decision , by means of implementing acts , approving the partnership contract no later than six months after its submission by the member state , provided that any observations made by the commission have been satisfactorily taken into account . the partnership contract shall not enter into force before 1 january 2014 . ### the commission shall adopt a decision , by means of implementing acts , approving the elements of the partnership contract falling under article 14 - and - and - no later than four months after its submission by the member state , provided that any observations made by the commission have been satisfactorily taken into account . the partnership contract shall not enter into force before 1 january 2014 .


### ex ante conditionalities shall be defined for each csf fund in the fund - specific rules . ### ex ante conditionalities and corresponding criteria for their fulfilment shall be defined for each csf fund in the fund - specific rules .


### member states shall assess whether the applicable ex ante conditionalities are fulfilled . ### member states shall assess whether the ex ante conditionalities , relevant to the effectiveness of the contribution of the funds in the applicable cases of investment , are fulfilled .


### the commission shall assess the information provided on the fulfilment of ex ante conditionalities in the framework of its assessment of the partnership contract and programmes . it may decide , when adopting a programme , to suspend all or part of interim payments to the programme pending the satisfactory completion of actions to fulfil an ex ante conditionality . the failure to complete actions to fulfil an ex ante conditionality by the deadline set out in the programme shall constitute a basis for suspending payments by the commission . ### the commission shall assess the information provided on the fulfilment of ex ante conditionalities in the framework of its assessment of the partnership contract and programmes . it may decide , when adopting a programme , to suspend all or part of interim payments to the programme pending the satisfactory completion of actions to fulfil an ex ante conditionality . the failure to complete actions to fulfil an ex ante conditionality by the deadline set out in the programme may constitute a basis for suspending payments by the commission .


### 5% of the resources allocated to each csf fund and member state , with the exception of resources allocated to the european territorial cooperation goal and to title v of the emff regulation , shall constitute a performance reserve to be allocated in accordance with article 20 . ### 1 % of the resources allocated to each member state , with the exception of resources allocated to the european territorial cooperation goal and to title v of the emff regulation , shall constitute a performance reserve to be allocated in accordance with article 20 .


### the commission , in cooperation with the member states , shall undertake a review of the performance of the programmes in each member state in 2017 and 2019 , with reference to the performance framework set out in the respective partnership contract and programmes . the method for establishing the performance framework is set out in annex i . ### the commission , in cooperation with the member states , shall undertake a review of the performance of the programmes in each member state , with reference to the performance framework set out in the respective partnership contract and programmes . the performance review shall take place twice during the programme period , in the years to be mutually agreed by the member state and the commission . the method for establishing the performance framework is set out in annex i .


### the review shall examine the achievement of the milestones of the programmes at the level of priorities , on the basis of the information and the assessments presented in the progress reports submitted by the member states in the years 2017 and 2019 . ### the review shall examine the achievement of the milestones of the programmes at the level of priorities , on the basis of the information and the assessments presented in the progress reports submitted by the member states in the years of the performance review .


### on the basis of the review undertaken in 2019 , the commission shall adopt a decision , by means of implementing acts , to determine for each csf fund and member state the programmes and priorities which have attained their milestones . the member state shall propose the attribution of the performance reserve for the programmes and priorities set out in that commission decision . the commission shall approve the amendment of the programmes concerned in accordance with article 26 . where a member state fails to submit the information in accordance with article 46 and , the performance reserve for the programmes or the priorities concerned shall not be allocated . ### on the basis of the final review undertaken in the year of the second performance review , the commission shall adopt a decision , by means of implementing acts , to determine for each csf fund and member state the programmes and priorities which have attained their milestones taking into account , among other things , external conditions and changes of the gdp of the eu and the member state concerned . the member state shall propose the attribution of the performance reserve for the programmes and priorities set out in that commission decision . the commission shall approve the amendment of the programmes concerned in accordance with article 26 . where a member state fails to submit the information in accordance with article 46 and , the performance reserve for the programmes or the priorities concerned shall not be allocated .


### where there is evidence resulting from a performance review that a priority has failed to achieve the milestones set out in the performance framework , the commission may suspend all or part of an interim payment of a priority of a programme in accordance with the procedure laid down in fund - specific rules . ### where there is evidence resulting from a performance review undertaken in accordance with paragraph 2 that a priority has significantly failed to achieve the milestones set out in the performance framework , the commission may suspend all or part of an interim payment of a priority of a programme in accordance with the procedure laid down in fund - specific rules and in accordance with the previous comments by the commission .


### programmes shall be submitted by the member states at the same time as the partnership contract , with the exception of european territorial cooperation programmes , which shall be submitted within six months of the approval of the common strategic framework . all programmes shall be accompanied by the ex ante evaluation as set out in article 48 . ### programmes shall be submitted by the member states within 3 months after the submission of the partnership contract , with the exception of european territorial cooperation programmes , which shall be submitted within nine months of the adoption of the common strategic framework . all programmes shall be accompanied by the ex ante evaluation as set out in article 48 .


### each programme , except those which cover exclusively technical assistance , shall include a description of the actions to take into account the principles set out in articles 7 and 8 . ### each programme , except those which cover exclusively technical assistance , shall include a description of the actions to take into account the principles set out in articles 7 , 7a and 8 .


### local development strategies shall be selected by a committee set up for this purpose by the relevant managing authorities of the programmes . ### local development strategies shall be selected by a committee on which the economic and social partners are represented , set up for this purpose by the relevant managing authorities of the programmes .


### the managing authority shall send to the commission a specific report covering the operations comprising financial instruments as an annex to the annual implementation report . ### the managing authority shall send to the commission a specific report covering the operations comprising financial instruments as an annex to the annual implementation report paying attention to avoiding duplicity and additional administrational burden .


### the monitoring committee may issue recommendations to the managing authority regarding implementation of the programme and its evaluation . it shall monitor actions taken as a result of its recommendations . ### the monitoring committee may issue recommendations to the managing authority regarding implementation of the programme and its evaluation in order to reduce the administrative burden on beneficiaries . it shall monitor actions taken as a result of its recommendations .


### annual implementation reports shall set out information on implementation of the programme and its priorities by reference to the financial data , common and programme - specific indicators and quantified target values , including changes in result indicators , and the milestones defined in the performance framework . the data transmitted shall relate to values for indicators for fully implemented operations and also for selected operations . they shall also set out actions taken to fulfil the ex ante conditionalities and any issues which affect the performance of the programme , and the corrective measures taken . ### annual implementation reports shall set out information on implementation of the programme and its priorities by reference to the financial data , common and programme - specific indicators and quantified target values , including changes in result indicators , and the milestones defined in the performance framework . the data transmitted shall relate to values for indicators for fully implemented operations and also for selected operations . they shall also set out actions taken to fulfil the ex ante conditionalities , simplify administrative procedures and address any issues which affect the performance of the programme , and the corrective measures taken .


### the annual implementation report submitted in 2017 shall set out and assess the information set out in paragraph 2 and progress towards achieving the objectives of the programme , including the contribution of the csf funds to changes in result indicators , when evidence is available from evaluations . it shall also assess the implementation of actions to take into account the principles set out in articles 6 , 7 and 8 and report on support used for climate change targets . ### the annual implementation report submitted in the year of the first performance review shall set out and assess the information set out in paragraph 2 and progress towards achieving the objectives of the programme , including the contribution of the csf funds to changes in result indicators , when evidence is available from evaluations . it shall also assess the implementation of actions to take into account the principles set out in articles 6 , 7 , 7a and 8 and report on support used for climate change targets .


### the annual implementation report submitted in 2019 and the final implementation report for the csf funds shall , in addition to the information and assessment set out in paragraphs 2 and 3 , include information on and assess progress towards achieving the objectives of the programme and its contribution to achieving the union strategy for smart , sustainable and inclusive growth . ### the annual implementation report submitted in the year of the second performance review and the final implementation report for the csf funds shall , in addition to the information and assessment set out in paragraphs 2 and 3 , include information on and assess progress towards achieving the objectives of the programme and its contribution to achieving the union strategy for smart , sustainable and inclusive growth .


### the annual review meeting may cover more than one programme . in 2017 and 2019 , the annual review meeting shall cover all programmes in the member state and shall also take account of the progress reports submitted by the member state in accordance with article 46 in those years . ### the annual review meeting may cover more than one programme . in the years of the performance review , the annual review meeting shall cover all programmes in the member state and shall also take account of the progress reports submitted by the member state in accordance with article 46 in those years .


### the member state and the commission may agree not to organise an annual review meeting for a programme in years other than 2017 and 2019 . ### the member state and the commission may agree not to organise an annual review meeting for a programme in years other than the years of the performance review .


### in the case of repayable assistance , the support repaid to the body that provided it , or to another competent authority of the member state , shall be kept in a separate account and reused for the same purpose or in accordance with the objectives of the programme . ### in the case of repayable assistance , the support repaid to the body that provided it , or to another competent authority of the member state , shall be kept in a separate account code and reused for the same purpose or in accordance with the objectives of the programme .


### a flat rate of up to 20&#160 ; % of eligible direct costs , where the rate is calculated on the basis of a fair , equitable and verifiable calculation method or a method applied under schemes for grants funded entirely by the member state for a similar type of operation and beneficiary ; ### a flat rate of up to 30&#160 ; % of eligible direct costs , where the rate is calculated on the basis of a fair , equitable and verifiable calculation method or a method applied under schemes for grants funded entirely by the member state for a similar type of operation and beneficiary ;


### a flat rate of up to 15 % of eligible direct staff costs ; ### a flat rate of up to 20 % of eligible direct staff costs ;


### value added tax . however , vat amounts shall be eligible where they are not recoverable under national vat legislation and are paid by a beneficiary other than non - taxable person as defined in the first subparagraph of article 13 of directive 2006 / 112 / ec , provided that such vat amounts are not incurred in relation to the provision of infrastructure . ### value added tax which is recoverable under national vat legislation .


### value added tax . however , vat amounts shall be eligible where they are not recoverable under national vat legislation and are paid by a beneficiary other than non - taxable person as defined in the first subparagraph of article 13 of directive 2006 / 112 / ec , provided that such vat amounts are not incurred in relation to the provision of infrastructure . ### recoverable value added tax . however , vat amounts shall be eligible where they are not recoverable under national vat legislation and are paid by a beneficiary other than non - taxable person as defined in the first subparagraph of article 13 of directive 2006 / 112 / ec , provided that such vat amounts are not incurred in relation to the provision of infrastructure .


### an operation comprising investment in infrastructure or productive investment shall repay the contribution from the csf funds if within five years from the final payment to the beneficiary or within the period of time set out in the state aid rules , where applicable , it is subject to : ### an operation comprising investment in infrastructure or productive investment shall proportionally repay the contribution from the csf funds if within five years , and specifically in the case of smes within three years , from the final payment to the beneficiary or within the period of time set out in the state aid rules , where applicable , it is subject to :


### the payment deadline for an interim payment claim may be interrupted by the authorising officer by delegation within the meaning of the financial regulation for a maximum period of nine months if : ### the payment deadline for an interim payment claim may be interrupted by the authorising officer by delegation within the meaning of the financial regulation for a maximum period of&#160 ; six months if :


### 16 , 39 % for more developed regions ; ### 16 , 39 % for more developed regions , with special regards to possible exceptions in the case of a national capital with a high density of population and extreme concentration of national population there , based on the partnership contract ;


### eligible population , regional prosperity , national prosperity and unemployment rate for less developed regions and transition regions ; ### eligible population , elderly dependency ratio , population density , regional prosperity , national prosperity and unemployment rate for less developed regions and transition regions ;


### the verification of whether the level of public or equivalent structural expenditure under the investment for growth and jobs goal has been maintained shall take place at the time of submission of the partnership contract , in 2018 , and in 2022 . ### the verification of whether the level of public or equivalent structural expenditure under the investment for growth and jobs goal has been maintained shall take place at the time of submission of the partnership contract , and in mid - term verification , and finally in ex post verification .


### an operational programme shall consist of priority axes . a priority axis shall concern one fund for a category of region and shall correspond , without prejudice to article 52 , to a thematic objective and comprise one or more investment priorities of that thematic objective , in accordance with the fund - specific rules . for the esf , a priority axis may combine investment priorities from different thematic objectives set out in article 9 , , and in order to facilitate their contribution to other priority axes , in duly justified circumstances . ### an operational programme shall consist of priority axes . a priority axis shall concern one fund for a category of region and shall correspond to a thematic objective and comprise one or more investment priorities of that thematic objective , in accordance with the fund - specific rules . in duly justified circumstances , a priority axis may concern more categories of regions or combine one or more complementary investment priorities from different thematic objectives and funds , where necessary to increase effectiveness and to better meet targets of the union strategy for smart , sustainable and inclusive growth .


### the list of cities where integrated actions for sustainable urban development will be implemented , the indicative annual allocation of the erdf support for these actions , including the resources delegated to cities for management under article 7 of regulation no [ … ] [ erdf ] and the indicative annual allocation of esf support for integrated actions ; ### the indicative list of cities where integrated actions for sustainable urban development will be implemented , the indicative annual allocation of the erdf support for these actions , including the resources delegated to cities for management under article 7 of regulation no [ … ] [ erdf ] and the indicative annual allocation of esf support for integrated actions ;


### the identification of the areas in which community - led local development will be implemented ; ### the indicative identification of the areas in which community - led local development will be implemented ;


### the contribution to the integrated approach set out in the partnership contract to address the specific needs of geographical areas most affected by poverty or target groups at highest risk of discrimination or exclusion , with special regard to marginalised communities , and the indicative financial allocation ; ### the contribution to the integrated approach set out in the partnership contract to address the regional demographic challenges and specific needs of geographical areas most affected by poverty or target groups at highest risk of discrimination or exclusion , with special regard to marginalised communities , and the indicative financial allocation ;


### the contribution to the integrated approach set out in the partnership contract to address the specific needs of geographical areas most affected by poverty or target groups at highest risk of discrimination or exclusion , with special regard to marginalised communities , and the indicative financial allocation ; ### the contribution to the integrated approach set out in the partnership contract to address the specific needs of geographical areas most affected by poverty and unemployment or target groups at highest risk of discrimination or social exclusion , with special regard to persons with disabilities and marginalised communities , and the indicative financial allocation ;


### a list of major projects for which the estimated start date for the execution of the main works is before 1 january 2018 ; ### an indicative list of major projects for which the estimated start date for the execution of the main works is before 1 january 2018 ;


### a description of the specific actions to promote equal opportunities and prevent any discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation during the preparation , design and implementation of the operational programme and in particular in relation to access to funding , taking account of the needs of the various target groups at risk of such discrimination and in particular the requirements of ensuring accessibility for disabled persons ; ### a description of the specific actions to promote equal opportunities and prevent any discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation during the preparation , design and implementation of the operational programme and in particular in relation to access to funding , taking account of the needs of the various target groups at risk of such discrimination ;


### the commission shall adopt a decision approving the operational programme by means of implementing acts . ### the commission shall adopt a decision approving the elements of the operational programme falling under points , b - , , - , g - and h - of paragraph 2 , by means of implementing acts .


### the annual implementation reports submitted in 2017 and 2019 shall set out and assess the information required under articles 44 and respectively , the information set out in paragraph 2 , together with : ### the annual implementation reports submitted in the years of performance review shall set out and assess the information required under articles 44 and respectively , the information set out in paragraph 2 , and may , depending on the content and objectives of operational programmes , add information on the following elements :


### the specific actions taken to promote equality between men and women and to prevent discrimination , including accessibility for disabled persons , and the arrangements implemented to ensure the integration of the gender perspective in the operational programme and operations ; ### the specific actions taken to promote equality between men and women and to prevent discrimination and the arrangements implemented to ensure the integration of the gender perspective in the operational programme and operations ;


### progress in the implementation of measures to address the specific needs of geographical areas most affected by poverty or of target groups at highest risk of discrimination or exclusion , with special regard to marginalised communities including , where appropriate , the financial resources used ; ### progress in the implementation of measures to address the regional demographic challenges and the specific needs of geographical areas most affected by poverty or of target groups at highest risk of discrimination or exclusion , with special regard to marginalised communities including , where appropriate , the financial resources used ;


### progress in the implementation of measures to address the specific needs of geographical areas most affected by poverty or of target groups at highest risk of discrimination or exclusion , with special regard to marginalised communities including , where appropriate , the financial resources used ; ### progress in the implementation of measures to address the specific needs of geographical areas most affected by poverty and unemployment or of target groups at highest risk of discrimination or social exclusion , with special regard to persons with disabilities and marginalised communities including , where appropriate , the financial resources used ;


### the funds may support technical assistance up to a ceiling of 0 , 35 % of their respective annual allocation . ### the funds may support technical assistance up to a ceiling of 0 , 25 % of their respective annual allocation .


### 75% for the less developed regions of member states other than those referred to in points and , and for all regions whose gdp per capita for the 2007 - 2013 period was less than 75% of the average of the eu - 25 for the reference period but whose gdp per capita is above 75% of the gdp average of the eu - 27 ; ### 75% for the less developed regions of member states and for all regions whose gdp per capita for the 2007 - 2013 period was less than 75% of the average of the eu - 25 for the reference period but whose gdp per capita is above 75% of the gdp average of the eu - 27 ;


### 75% for the less developed regions of member states other than those referred to in points and , and for all regions whose gdp per capita for the 2007 - 2013 period was less than 75% of the average of the eu - 25 for the reference period but whose gdp per capita is above 75% of the gdp average of the eu - 27 ; ### 85% for the less developed regions of member states other than those referred to in points and , and for all regions whose gdp per capita for the 2007 - 2013 period was less than 75% of the average of the eu - 25 for the reference period but whose gdp per capita is above 75% of the gdp average of the eu - 27 ;


### in 2014 : 2&#160 ; % of the amount of support from the funds for the entire programming period to the operational programme ; ### in 2014 : &#160 ; 3&#160 ; % of the amount of support from the funds for the entire programming period to the operational programme ;


### in 2015 : 1 % of the amount of support from the funds for the entire programming period to the operational programme ; ### in 2015 : 2 % of the amount of support from the funds for the entire programming period to the operational programme ;


### in 2016 : 1 % of the amount of support from the funds for the entire programming period to the operational programme . ### in 2016 : 2 % of the amount of support from the funds for the entire programming period to the operational programme .


### the commission shall decommit any part of the amount calculated in accordance with the second subparagraph in an operational programme that has not been used for payment of the initial and annual pre - financing , interim payments and annual balance by 31 december of the second financial year following the year of budget commitment under the operational programme or for which a payment application drawn up in accordance with article 121 has not been submitted in accordance with article 126 . ### the commission shall decommit any part of the amount calculated in accordance with the second subparagraph in a member state that has not been used for payment of the initial and annual pre - financing , interim payments and annual balance by 31 december of the third financial year following the year of budget commitment under the operational programme or for which a payment application drawn up in accordance with article 121 has not been submitted in accordance with article 126 .


### in order to apply financial corrections the commission shall take a decision , by means of implementing acts , within six months of the date of the hearing , or of the date of receipt of additional information where the member state agrees to submit such additional information following the hearing . the commission shall take account of all information and observations submitted during the course of the procedure . if no hearing takes place , the six month period shall begin to run two months after the date of the letter of invitation to the hearing sent by the commission . ### in absence of an agreement and in order to apply financial corrections the commission shall take a decision , by means of implementing acts , within six months of the date of the hearing , or of the date of receipt of additional information where the member state agrees to submit such additional information following the hearing . the commission shall take account of all information and observations submitted during the course of the procedure . if no hearing takes place , the six month period shall begin to run two months after the date of the letter of invitation to the hearing sent by the commission .


### the performance framework shall consist of milestones established for each priority for the years 2016 and 2018 and targets established for 2022 . the milestones and targets shall be presented in accordance with the format set out in table 1 . ### the performance framework shall consist of milestones established for each priority for two specific years of the programme period , preceding the years of the performance review to be mutually agreed by the member state and the commission , and targets established for 2022 . the milestones and targets shall be presented in accordance with the format set out in table 1 .


### milestones are intermediate targets for the achievement of the specific objective of a priority , expressing the intended progress towards the targets set for the end of the period . milestones established for 2016 shall include financial indicators and output indicators . milestones established for 2018 shall include financial indicators , output indicators and where appropriate , result indicators . milestones may also be established for key implementation steps . ### milestones are intermediate targets for the achievement of the specific objective of a priority expressing the intended progress towards the targets set for the end of the period . milestones established for the year preceding the year of the first performance review shall include financial indicators and output indicators . milestones established for the year preceing the year of the second performance review shall include financial indicators and output indicators . milestones may also be established for key implementation steps .


### the existence of a strategy for the promotion of gender equality and a mechanism which ensures its effective implementation . ### the existence of a strategy for the promotion of gender equality and a mechanism which ensures its effective implementation through gender mainstreaming specific actions .


### member states have used different methodologies to calculate effort during the reference years and to calculate reported effort consumption within the plan . this has allowed a higher level of deployed effort than intended by the plan , which should therefore be rectified . ### member states have used different methodologies to calculate effort during the reference years and to calculate reported effort consumption within the plan . this has allowed a higher level of deployed effort than intended by the plan , which should therefore be rectified by standardising the methodologies used by the member states to calculate effort .


### transitional measures on exclusions ### measures on exclusions previously obtained .


### the treaty aims at an ever closer union among the peoples of europe and confers on the union the task , inter alia , of contributing to the flowering of cultures of member states , while respecting their national and regional diversity and at the same time ensuring that the conditions necessary for the competitiveness of the union ' s industry exist . in this respect , the union , where necessary , supports and supplements member states ' actions to respect cultural and linguistic diversity , strengthen the competitiveness of the european cultural and creative sectors and facilitate adaptation to industrial changes , in particular through vocational training . ### the treaty aims at an ever closer union among the peoples of europe and confers on the union the task , inter alia , of contributing to the flowering of cultures of member states , while respecting their national and regional diversity and at the same time ensuring that the conditions necessary for the competitiveness of the union ' s industry exist . in this respect , the union , where necessary , supports and supplements member states ' actions to respect cultural and linguistic diversity , strengthen the competitiveness of the european cultural and creative sectors and facilitate adaptation to industrial changes , in particular through vocational training and lifelong learning .


### one of the greatest challenges of the cultural and creative sectors , especially small operators including small and medium - sized enterprises and micro - enterprises , is their difficulty accessing the funds they need to finance their activities , grow , maintain their competitiveness or internationalise . while this is a common challenge for smes in general , the situation is significantly more difficult in the cultural and creative sectors due to the intangible nature of many of their assets , the prototype profile of their activities , the lack of investment - readiness of the operators in the sectors as well as the insufficient investor - readiness of financial institutions . ### one of the greatest challenges of the cultural and creative sectors , especially small operators including small and medium - sized enterprises and micro - enterprises , is their difficulty accessing the funds they need to finance their activities , grow , create employment , maintain their competitiveness or internationalise . while this is a common challenge for smes in general , the situation is significantly more difficult in the cultural and creative sectors due to the intangible nature of many of their assets , the prototype profile of their activities , the lack of investment - readiness of the operators in the sectors as well as the insufficient investor - readiness of financial institutions .


### there is a need to bring together the current individual union programmes for the cultural and creative sectors within a single comprehensive framework programme in order to more effectively support cultural and creative operators to take advantage of the opportunities the digital shift and globalisation offer and help them to address issues currently leading to market fragmentation . to be effective , the programme should take account of the specific nature of the sub - sectors , their different target groups and their particular needs through tailor - made approaches within independent strands . ### there is a need to bring together the current individual union programmes for the cultural and creative sectors within a single comprehensive framework programme in order to more effectively support cultural and creative operators to take advantage of the opportunities the digital shift and globalisation offer and help them to address issues currently leading to market fragmentation . to be effective , the programme should take account of the specific nature of the sub - sectors , their different target groups and their particular needs through tailor - made approaches within independent strands . such changes should prioritse simplification of the process for application and compliance with financial reporting procedures so that both smes and community and voluntary organisations are not overburdened with administration .


### the european capital of culture and the european heritage label help to strengthen the feeling of belonging to a common cultural area , and contribute to enhancing the value of cultural heritage . funding should be provided for these two union actions . ### the european capitals of culture and sport and the european heritage label help to strengthen the feeling of belonging to a common cultural area , and contribute to enhancing the value of cultural heritage . funding should be provided for these two union actions .


### with regard to the implementation of the programme , the specific nature of the cultural and creative sectors should be taken into account , and particular care should be taken to ensure that administrative and financial procedures are simplified . ### with regard to the implementation of the programme , the specific nature of the cultural and creative sectors should be taken into account , and particular care should be taken to ensure that administrative and financial procedures are simplified , particularly for smes and community and voluntary organisations .


### as stated in the commission report on the impact of the european parliament and council decisions modifying the legal bases of the european programmes in the areas of lifelong learning , culture , youth and citizenship of 30 july 2010 , the substantial shortening of the delays in the management procedures has increased the efficiency of programmes . this type of simplification should be continued . ### as stated in the commission report on the impact of the european parliament and council decisions modifying the legal bases of the european programmes in the areas of lifelong learning , culture , youth and citizenship of 30 july 2010 , the substantial shortening of the delays in the management procedures has increased the efficiency of programmes . this type of simplification should be continued and further improved , with a focus on shortening time to grant and a greater use of electronic project management tools .


### ' cultural and creative sectors ' means all sectors whose activities are based on cultural values and / or artistic and creative expressions , whether these activities are market or non - market oriented and whatever the type of structure that carries them out . these activities include the creation , the production , the dissemination and the preservation of goods and services which embody cultural , artistic or creative expressions , as well as related functions such as education , management or regulation . the cultural and creative sectors include in particular architecture , archives and libraries , artistic crafts , audiovisual , cultural heritage , design , festivals , music , performing arts , publishing , radio and visual arts ; ### ' cultural and creative sectors ' means all sectors whose activities are based on cultural values and / or artistic and creative expressions , whether these activities are market or non - market oriented and whatever the type of structure that carries them out . these activities include the creation , the production , the dissemination and the preservation of goods and services , including digitalisation of services , which embody cultural , artistic or creative expressions , as well as related functions such as education , management or regulation and training . the cultural and creative sectors include such sectors as architecture , archives and libraries , artistic crafts , audiovisual , cultural heritage , design , music , performing arts , publishing , visual arts and recording ;


### to strengthen the competitiveness of the cultural and creative sectors with a view to promoting smart , sustainable and inclusive growth . ### to strengthen the competitiveness and flexibility of the cultural and creative sectors with a view to promoting smart , sustainable and inclusive growth .


### to strengthen the financial capacity of the cultural and creative sectors , and in particular small and medium - sized enterprises and organisations ; ### to strengthen the financial capacity of the cultural and creative sectors , and in particular small and medium - sized enterprises and community and voluntary organisations ;


### to strengthen the financial capacity of the cultural and creative sectors , and in particular small and medium - sized enterprises and organisations ; ### to strengthen the financial capacity of the cultural and creative sectors , and in particular small , medium - sized and microenterprises , and organisations ;


### the commission shall establish a facility targeting the cultural and creative sectors and operated within the context of a union debt instrument for small and medium - sized enterprises . this facility shall have the following priorities : ### the commission shall establish a facility targeting the cultural and creative sectors and operated within the context of a union debt instrument for small and medium - sized enterprises as well as community and voluntary organisations . this facility shall have the following priorities :


### the commission shall establish a facility targeting the cultural and creative sectors and operated within the context of a union debt instrument for small and medium - sized enterprises . this facility shall have the following priorities : ### the commission shall establish a facility targeting the cultural and creative sectors and operated within the context of a union debt instrument for small and medium - sized and micro - enterprises . this facility shall have the following priorities :


### facilitate access to finance for small - and medium - sized enterprises and organisations in the european cultural and creative sectors ; ### facilitate access to finance for small - and medium - sized enterprises and community and voluntary organisations in the european cultural and creative sectors ;


### facilitate access to finance for small - and medium - sized enterprises and organisations in the european cultural and creative sectors ; ### facilitate access to finance for small - , medium - sized and micro - enterprises and organisations in the european cultural and creative sectors ;


### conferences , seminars and policy dialogue including in the field of cultural and media literacy ; ### conferences , seminars and policy dialogue including in the field of cultural and media literacy targeted at stakeholders directly involved in the sectors ;


### supporting actions providing operators with skills and knowhow encouraging the adaption to digital technologies , including testing new approaches to audience building and business models ; ### supporting actions providing operators with skills and knowhow encouraging the adaption to digital technologies , including testing new approaches to audience building and business models , such as utilising social media platforms ;


### supporting audience building as a means of stimulating interest in european cultural works . ### supporting audience building as a means of stimulating interest in european cultural works , including by leveraging social media platforms .


### special actions aiming to achieve greater visibility for the richness and diversity of european cultures , and stimulate intercultural dialogue and mutual understanding , including european cultural prizes , the european heritage label , and the european capitals of culture . ### special actions aiming to achieve greater visibility for the richness and diversity of european cultures , and stimulate intercultural dialogue and mutual understanding , including european cultural prizes , the european heritage label , and the european capitals of culture and sport .


### facilitating the acquisition of skills and the development of networks and in particular encouraging the use of digital technologies to ensure the adaptation to market development ; ### facilitating the acquisition of skills and the development of networks and in particular encouraging the use of digital technologies and social media to ensure the adaptation to market development ;


### relevant eu policies , in particular those in the fields of education , employment , health , research and innovation , enterprise , tourism , justice and development ; ### relevant eu policies , in particular those in the fields of education , employment , health , research and innovation , enterprise , tourism , justice , development and sport ;


### other relevant eu funding sources in the field of culture and media policies , in particular the european social fund , the european regional development fund , the research and innovation programmes , as well as the financial instruments relating to justice and citizenship , external cooperation programmes and the pre - accession instruments . in particular , it will be important to ensure synergies at the level of implementation between the programme and the national and regional strategies for smart specialisation . ### other relevant eu funding sources in the field of culture and media policies , in particular the european social fund , the european regional development fund , the research and innovation programme , the erasmus for all programmes , as well as the financial instruments relating to justice and citizenship , external cooperation programmes and the pre - accession instruments . in particular , it will be important to ensure synergies at the level of implementation between the programme and the national and regional strategies for smart specialisation .


### beneficiaries of the projects supported by the programme shall ensure communication and dissemination of information concerning the union ' s funding they have received and the results obtained . ### beneficiaries of the projects supported by the programme shall ensure communication and dissemination of information concerning the union ' s funding they have received and the results obtained , including the prominent display of relevant logos , nomenclature and symbols .


### this regulation shall apply to products obtained through a manufacturing process placed or made available on the market , whether new , used or reconditioned , and which comply with any of the following criteria : ### this regulation shall apply to products obtained through a manufacturing process placed or made available on the market , including the online market , whether new , used or reconditioned , and which comply with any of the following criteria :


### ' 3 . the national aviation authorities shall , in accordance with their national legislation , take necessary measures to ensure appropriate confidentiality of the information received by them pursuant to paragraph 1 . ' ### in article 15 , paragraph 3 is modified as follows : ' 3 . the national aviation authorities shall , in accordance with eu legislation and their national legislation , take necessary measures to ensure appropriate confidentiality of the information received by them pursuant to paragraph 1 . '


### these documents shall reflect the state of the art and the best practices in the fields concerned and be updated taking into account worldwide aviation experience , and scientific and technical progress . ### these documents shall reflect the state of the art and the best practices in the fields concerned and be updated taking into account worldwide aviation experience , scientific and technical progress and atm master plan .


### this regulation lays down the rules and general principles governing the mechanisms which shall apply in cases where a legally binding union act requires that the adoption of binding implementing acts by the commission be subject to the control of member states . ### this regulation lays down the rules and general principles governing the mechanisms which shall apply in cases where a legally binding union act requires that the adoption of binding or non - binding implementing acts by the commission be subject to the control of member states .


### member states have very different husbandry systems , farming practices and sector organisations . member states should therefore be allowed to make eid compulsory on their territory only when they deem it appropriate , after considering all those factors . ### member states have very different husbandry systems , farming practices and sector organisations . member states should therefore be allowed to make eid compulsory on their territory only after consulting farmers , when they deem it appropriate , after considering all those factors including any negative impact on small farmers . member states should be allowed to create special regimes for small farmers . any distortion of competition within the single market should be avoided .


### all means of identification applied to one animal shall bear the same unique identification code , which makes it possible to identify the animal individually together with the holding on which it was born . ### all means of identification applied to one animal shall bear the same unique identification code , which makes it possible to identify the animal individually together with the holding on which it was born . by way of derogation , in cases where it is not possible for the two individual means of identification to bear the same unique identification code , the competent authority may , under its supervision , allow for the second means of identification to bear a different code provided that full traceability is ensured and the individual identification of the animal , including the holding on which it was born , is possible .


### no animal may leave the holding where it was born before the two means of identification have been applied . ### no animal may leave the holding where it was born before the two means of identification have been applied except in case of force majeure .


### the technical procedures and standards for the implementation of the electronic identification of bovine animals ; ### the technical procedures and standards for the implementation of the electronic identification of bovine animals in accordance with the international iso standards ;


### within the areas covered by the general objectives , regional integration among countries , in particular economic integration between pre - accession countries , neighbourhood countries and the union , should be an underlying objective for eib financing operations . within the aforementioned areas , the eib should be able to support partner countries through foreign direct investments by companies from the union that contribute to promoting technology and knowledge transfer , providing that due consideration has been made during the investment projects ' due diligence to minimise the risks that eib financing operations lead to negative repercussions on employment in the union . the eib should also be encouraged to support foreign direct investment in partner countries by companies from the union at its own risk . ### within the areas covered by the general objectives , regional integration among countries , in particular economic integration between pre - accession countries , neighbourhood countries and the union , should be an underlying objective for eib financing operations . within the aforementioned areas , the eib should be able to support partner countries through foreign direct investments by companies from the union that contribute to promoting technology and knowledge transfer , providing that due consideration has been made during the investment projects ' due diligence to minimise the risks that eib financing operations lead to negative repercussions on employment in the union . the eib should also be encouraged to support foreign direct investment in partner countries by companies from the union at its own risk . care should also be taken to ensure that the foreign direct investment by businesses based in the union which is supported by the eib genuinely contributes to economic integration between pre - accession countries , neighbourhood countries and the union . the eib should therefore indicate in what form it is specifically supporting businesses and how the businesses are using this support .


### in its financing operations outside the union that fall within the scope of this decision , the eib should endeavour further to enhance coordination and cooperation with european financial institutions and international financial institutions , notably those participating in the eu platform for blending in external cooperation . this cooperation includes , where appropriate , cooperation on sector conditionality and mutual reliance on procedures , use of joint co - financing and participation in global initiatives , such as those promoting aid coordination and effectiveness . such coordination and cooperation should strive to minimise possible duplication of costs and unnecessary overlap . the tripartite memorandum of understanding between the commission , the eib group and the european bank for reconstruction and development in respect of cooperation outside the union , which allows the eib group and the ebrd to act in a complementary way by relying on their respective comparative advantages , was updated in 2012 to cover the extension of ebrd ' s geographical scope to the mediterranean region and should continue to be applied . the principles set out in this decision should also be applied when eib financing is implemented through cooperation agreements with other european financial institutions and international financial institutions . ### in its financing operations outside the union that fall within the scope of this decision , the eib should endeavour further to enhance coordination and cooperation with european financial institutions and international financial institutions , notably those participating in the eu platform for blending in external cooperation . this cooperation includes , where appropriate , cooperation on sector conditionality and mutual reliance on procedures , use of joint co - financing and participation in global initiatives , such as those promoting aid coordination and effectiveness . such coordination and cooperation should strive to minimise possible duplication of costs and unnecessary overlap . particularly with reference to the european bank for reconstruction and development , greater efforts should be made by both banks to find additional scope for synergies . the tripartite memorandum of understanding between the commission , the eib group and the ebrd in respect of cooperation outside the union , which allows the eib group and the ebrd to act in a complementary way by relying on their respective comparative advantages , was updated in 2012 to cover the extension of ebrd ' s geographical scope to the mediterranean region and should continue to be applied . the principles set out in this decision should also be applied when eib financing is implemented through cooperation agreements with other european financial institutions and international financial institutions .


### eib financing operations supporting the objectives provided for in paragraph 1 may include support to investment projects by smes from the union . ### eib financing operations supporting the objectives provided for in paragraph 1 may include support to investment projects by smes from the union . however , it should be ensured that eib financing is genuinely used in the specific investment projects for the benefit of the smes concerned and not channelled to other areas as concealed support for undertakings . in order to ensure that funding is used as intended , the eib shall draw up practical reporting standards to be complied with by borrowers .


### the commission emphasised it its communication on ‘ europe 2020 — a strategy for smart , sustainable and inclusive growth’ the importance to the european union of promoting a healthy and active ageing population in the interests of social cohesion and higher productivity . it proposed a flagship initiative ‘ an agenda for new skills and jobs’ , under which member states should notably promote active ageing policies , and a flagship initiative on a ‘ european platform against poverty’ . achieving these policy goals requires action from all levels of government and various non - governmental stakeholders ; they can in turn be supported , at the union level , by european year activities aimed at raising awareness and fostering the exchange of good practice . national coordinators should see to it that national action is coordinated and is consistent with the overall objectives of the european year . the participation of other institutions and stakeholders is also planned . ### the commission emphasised in its communication on ‘ europe 2020 - a strategy for smart , sustainable and inclusive growth’ the importance to the european union of promoting a healthy and active ageing population in the interests of social cohesion and higher productivity . it proposed a flagship initiative ‘ an agenda for new skills and jobs’ , under which member states should notably promote active ageing policies , and a flagship initiative on a ‘ european platform against poverty’ . achieving these policy goals requires an approach based on multi - level ownership , through which stronger involvement and action by all local and regional authorities as well as various non - governmental stakeholders is created ; in turn these actors should be supported , at the union level , by european year activities aimed at raising awareness , fostering the exchange of good practice and creating synergies . national coordinators should see to it that actions at both central and decentralised level are coordinated and consistent with the overall objectives of the european year . the participation of other institutions and stakeholders is also planned .


### in its communication on ' a digital agenda for europe ' , the first eu2020 flagship initiative adopted on 19 may 2010 , the commission stressed the importance of ict for ageing well , proposing in particular the reinforcement of the ambient assisted living joint programme . the digital agenda for europe also recommended taking concerted action to increase the digital competences of all europeans , including older persons , a group that is over - represented within the 150 million citizens , or about 30% of the total , who have never used the internet . ### in its communication on ' a digital agenda for europe ' , the first eu2020 flagship initiative adopted on 19 may 2010 , the commission stressed the importance of ict applications and services for ageing well , proposing in particular the reinforcement of the ambient assisted living joint programme . the digital agenda for europe also recommended taking concerted action to increase the digital competences of all europeans , including older persons , a group that is overrepresented within the 150 million citizens , or about 30% of the total , who have never used the internet .


### active ageing is targeted by several union programmes , such as the european social fund , the european regional and development fund , the progress programme , the life long learning programme , the public health programme , the specific programmes on information and communication technologies and on socio - economic sciences and humanities in the seventh framework programme for research and development , the action plan on ‘ ageing well in the information society’ , the ambient assisted living joint programme for research and innovation , the competitiveness and innovation programme with pilot deployment projects on ict for ageing well and the action plan on urban mobility . union co - financing of european year activities will be in accordance with the priorities and rules applying , on an annual or multi - annual basis , to existing programmes and autonomous budget lines in the field of employment , social affairs and equal opportunities . where appropriate , programmes and policies in other fields , such as education and culture , health , research , the information society , regional policy and transport policy , may support the european year . ### active ageing is targeted by several union programmes , such as the european social fund , the european regional and development fund , the progress programme , the life long learning programme , the public health programme , the specific programmes on information and communication technologies and on socio - economic sciences and humanities in the seventh framework programme for research and development , the action plan on ‘ ageing well in the information society’ , the ambient assisted living joint programme for research and innovation , the competitiveness and innovation programme with pilot deployment projects on ict for ageing well , the calypso preparatory action on social tourism and the action plan on urban mobility . union co - financing of european year activities will be in accordance with the priorities and rules applying , on an annual or multi - annual basis , to existing programmes and autonomous budget lines in the field of employment , social affairs and equal opportunities . where appropriate , programmes and policies in other fields , such as education and culture , health , research , the information society , regional policy and transport policy , may support the european year .


### active ageing is targeted by several union programmes , such as the european social fund , the european regional and development fund , the progress programme , the life long learning programme , the public health programme , the specific programmes on information and communication technologies and on socio - economic sciences and humanities in the seventh framework programme for research and development , the action plan on ‘ ageing well in the information society’ , the ambient assisted living joint programme for research and innovation , the competitiveness and innovation programme with pilot deployment projects on ict for ageing well and the action plan on urban mobility . union co - financing of european year activities will be in accordance with the priorities and rules applying , on an annual or multi - annual basis , to existing programmes and autonomous budget lines in the field of employment , social affairs and equal opportunities . where appropriate , programmes and policies in other fields , such as education and culture , health , research , the information society , regional policy and transport policy , may support the european year . ### active ageing is targeted by several union programmes , such as the european social fund , the european regional development fund , the progress programme , the life longlearning programme , the public health programme , the specific programmes on information and communication technologies and on socio - economic sciences and humanities in the seventh framework programme for research and development , the action plan on ‘ ageing well in the information society’ , the ambient assisted living joint programme for research and innovation , the competitiveness and innovation programme with pilot deployment projects on ict for ageing well and the action plan on urban mobility . union co - financing of european year activities will be in accordance with the priorities and rules applying , on an annual or multi - annual basis , to existing programmes and autonomous budget lines in the field of employment , social affairs and equal opportunities . where appropriate , programmes and policies in other fields , such as education and culture , health , research , the information society , regional policy and transport policy , may support the european year , in particular where it is necessary for social inclusion concerns , such as conditions of low wellbeing or even poverty are addressed .


### the objectives of the proposed european year for active ageing cannot be fully achieved at member state level due to the need for transnational exchange of information and the union - wide dissemination of good practice , and can therefore , by reason of the scale of the proposed action , be better achieved at union level . in accordance with the principle of proportionality , as set out in article 5 of the treaty on the european union , this decision does not go beyond what is necessary to achieve those objectives . ### the objectives of the proposed european year for active ageing cannot be fully achieved at member state level due to the need for transnational exchange of information and the union - wide dissemination of good practices . it should be acknowledged that cities , regions and member states play a pivotal role in carrying out those specific actions and that , without prejudice to the subsidiarity principle and by reason of the scale of proposed actions , those objectives can be better achieved when the initiative is taken at union level . in accordance with the principle of proportionality , as set out in article 5 of the treaty on the european union , this decision does not go beyond what is necessary to achieve those objectives .


### to raise general awareness of the value of active ageing in order to highlight the useful contribution older persons make to society and the economy , to promote active ageing and to do more to mobilise the potential of older persons ; ### to raise general awareness at all administrative levels in member states , cities and regions of the value of active ageing in order to highlight the useful contributions older persons make to society and the economy , to promote active ageing , to do more to mobilise the potential of older persons , to put active ageing high up on the policy agenda of stakeholders at national , regional and local level and to promote intergenerational solidarity ;


### to stimulate debate and develop mutual learning between member states and stakeholders at all levels in order to promote active ageing policies , to identify and disseminate good practice and to encourage cooperation and synergies ; ### to stimulate debate , support and develop mutual learning between public and private actors at national , regional and local level in order to promote active ageing policies more successfully , to identify and disseminate good practices and to encourage cooperation and synergies ;


### to offer a framework for commitment and concrete action to enable member states and stakeholders at all levels to develop policies through specific activities and to commit to specific objectives related to active ageing . ### to offer a framework for commitment and concrete action , such as fostering an environment that is beneficial to innovation in technologies in the ict field that respond to the challenge of an ageing society , which enables public and private actors at national , regional and local level to develop policies through specific activities and to commit to specific objectives related to active ageing by developing long - term strategies .


### – exchange of information , experience and good practices ; ### – exchange of information , experience and good practices , particularly between local representatives with responsibilities relating to active ageing and solidarity between generations ;


### – research and surveys on a union or national scale , and dissemination of the results . ### – research and surveys on a union , national or regional / local authority scale , and dissemination of the results .


### each member state shall appoint a national coordinator responsible for organising its involvement in the european year . the national coordinators should also see to it that national activities are properly coordinated . ### each member state shall appoint a national coordinator responsible for organising its involvement in the european year . the national coordinators should also see to it that national activities are properly coordinated and that civil society organisations are fully involved in the design and implementation of the european year at local , regional and national level .


### each member state shall appoint a national coordinator responsible for organising its involvement in the european year . the national coordinators should also see to it that national activities are properly coordinated . ### each member state shall appoint a national coordinator responsible for organising its involvement in the european year . the national coordinators should also see to it that national activities are properly coordinated . moreover , through setting up strategic guidance on the implementation of the various projects within their country , the national coordinator should create a framework to oversee clearly the actions taken by authorities and stakeholders on a regional and local level in order to foster the creation of synergies and to ensure the effectiveness and coherence of the efforts made as well as to avoid any inconsistencies or duplication .


### the commission — together with the member states — shall ensure that the measures provided for in this decision are consistent with any other union , national and regional schemes and initiatives that help attain the objectives of the european year . ### the commission — together with the member states — shall ensure that the measures provided for in this decision are consistent with any other union , national and regional schemes and initiatives that help attain the objectives of the european year , and with projects carried out as part of previous european years , in particular the european year for combating poverty and social exclusion and the european year of volunteering .


### after the entry into force of directive 2004 / 40 / ec of the european parliament and of the council of 29 april 2004 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents , serious concerns were expressed by stakeholders , in particular from the medical community , as to the potential impact of the implementation of that directive on the use of medical procedures based on medical imaging . concerns were also expressed as to the impact of the directive on certain industrial activities . ### after the entry into force of directive 2004 / 40 / ec of the european parliament and of the council of 29 april 2004 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents , serious concerns were expressed by stakeholders , in particular from the medical community , as to the negative impact which the implementation of that directive would have on , on the one hand , certain industrial activities , and , on the other hand , certain medical procedures based on medical imaging , in particular magnetic resonance imaging . applying exposure limit values , orientation values and action values to the medical sector would reduce the possibilities for using mri technology , which is a vital tool for the diagnosis and treatment of several diseases .


### a system of protection against electromagnetic fields should limit itself to a definition , free of excessive detail , of the objectives to be attained , the principles to be observed and the fundamental values to be applied , in order to enable member states to apply the minimum requirements in an equivalent manner . ### a system of protection against electromagnetic fields should limit itself to a definition , free of excessive detail , of the objectives to be attained , the principles to be observed and the fundamental values to be applied , in order to enable member states to apply the minimum requirements in an equivalent manner . furthermore , this protection system should be accompanied by more detailed research to obtain scientific data on the short - and long - term effects , in particular the carcinogenic effects , of exposure to electromagnetic fields .


### the level of exposure to electromagnetic fields can be more effectively reduced by incorporating preventive measures into the design of workstations and by selecting work equipment , procedures and methods so as to give priority to reducing the risks at source . provisions relating to work equipment and methods thus contribute to the protection of the workers involved . there is however a need to avoid the duplication of assessments , where work equipment meets the requirements of eu product legislation that establishes more severe safety levels than those provided for by this directive and especially directive 1999 / 5 / ec and 2006 / 95 / ec . this allows for simplified assessment in a large group of cases . ### the level of exposure to electromagnetic fields can be more effectively reduced by incorporating preventive measures into the design of workstations and by selecting work equipment , procedures and methods so as to give priority to reducing the risks at source . provisions relating to work equipment and methods thus contribute to the protection of the workers involved . in addition , the work procedures and methods must be linked to compulsory training in awareness and prevention of the risks involved in failing to wear safety equipment or follow safety instructions . training and work methods and equipment must be assessed in accordance with directive 1999 / 5 / ec of the european parliament and of the council of 9 march 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity1 and directive 2006 / 95 / ec of the european parliament and of the council of 12 december 2006 on the harmonisation of the laws of member states relating to electrical equipment designed for use within certain voltage limits2 and be subject to strict controls and dissuasive sanctions for employers who fail to comply . 1 oj l 91 , 7 . 4 . 1999 p . 10 . 2 oj l 374 , 27 . 12 . 06 p . 10 .


### this directive , which is the 20th individual directive within the meaning of article 16 of directive 89 / 391 / eec , lays down minimum requirements for the protection of workers from risks to their health and safety arising or likely to arise from exposure to electromagnetic fields during their work . ### this directive , which is the 20th individual directive within the meaning of article 16 of directive 89 / 391 / eec , lays down minimum requirements for the protection of workers from risks to their health and safety arising or likely to arise from exposure to electromagnetic fields in the context of their professional activity . in accordance with the annex to directive 89 / 391 / eec , this directive covers the following areas : workplaces , work equipment , personal protection equipment , work with visual display equipment , handling heavy loads where there is a risk of back injury , temporary and mobile construction sites , fishery and agriculture .


### directive 89 / 391 / eec shall apply fully to the whole area referred to in paragraph 1 , without prejudice to more stringent and / or more specific provisions contained in this directive . ### directive 89 / 391 / eec shall apply fully to the whole area referred to in paragraph 1 , without prejudice to more stringent or more specific provisions and / or certain exemptions for mri and related activities contained in this directive .


### the reduction of risks arising from exposure to electromagnetic fields shall be based on the general principles of prevention set out in directive 89 / 391 / eec . ### the reduction of risks arising from exposure to electromagnetic fields shall be based on general principles which , in line with article 6 of directive 89 / 391 / eec , are similar to the general obligations on employers . these general principles are : avoiding risks ; evaluating the risks which cannot be avoided ; combating the risks at source ; adapting the work to the individual , especially as regards the design of work places , the choice of work equipment and the choice of working and production methods ; adapting to technical progress ; replacing the dangerous by the non - dangerous or the less dangerous ; developing a prevention policy ; giving collective protective measures priority over individual protective measures ; giving appropriate instructions to the workers .


### the employer shall take appropriate measures to ensure that the doctor and / or the medical authority responsible for health surveillance have access to the results of the risk assessment referred to in article 4 . ### the employer shall take appropriate measures to ensure that the doctor and / or the medical authority responsible for health surveillance have access to the results of the risk assessment referred to in article 4 and to the prevention and protection measures which have previously been put in place .


### in order to facilitate implementation of this directive , in particular the conduct of the risk assessment , the commission shall draw up practical guides to the provisions of articles 4 and 5 and annexes ii to iv . the commission shall work in close cooperation with the advisory committee for safety and health at work . ### in order to facilitate implementation of this directive , in particular the conduct of the risk assessment and the prevention and protection measures for workers exposed to electromagnetic fields , the commission shall draw up practical guides to the provisions of articles 4 and 5 and annexes ii to iv . the commission shall work in close cooperation with the advisory committee for safety and health at work .


### – effective information measures and dynamic consultation mechanisms ### – dynamic consultation mechanisms and effective information measures on safety and on knowledge of the direct and indirect adverse effects on the health and safety of workers that an exposure to a strong electromagnetic field can have in the short and long term ;


### it is of particular importance that the commission carry out appropriate consultations during its preparatory work prior to adopting delegated acts , 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 . ### it is of particular importance that the commission carry out appropriate consultations during its preparatory work prior to adopting delegated acts , 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 . the commission should provide full information and documentation on its meetings with national experts within the framework of its work on the preparation and implementation of delegated acts . in this respect , the commission should ensure that the european parliament is duly involved , drawing on best practices from previous experience in other policy areas in order to create the best possible conditions for future scrutiny of delegated acts by the european parliament .


### the commission may , by means of implementing acts , determine the processed agricultural products listed in annex iv to which , when imported subject to the rate of duty laid down in the common customs tariff , an additional import duty shall apply in order to prevent or counteract adverse effects on the union market which may result from those imports , if : ### the commission may , by means of implementing acts , determine the processed agricultural products listed in annex iv to which , when imported subject to the rate of duty laid down in the common customs tariff , an additional import duty or an import restriction based on union environmental or health standards shall apply in order to prevent or counteract adverse effects on the union market or the market of a member state which may result from those imports , if :


### additional import duties shall not be imposed in accordance with paragraph 1 where the imports are unlikely to disturb the union market , or where the effects would be disproportionate to the intended objective . ### additional import duties shall not be imposed in accordance with paragraph 1 where the imports are unlikely to disturb the union market or the market of a member state , or where the effects would be disproportionate to the intended objective .


### transmitting or making information and documents available to the member states , the competent authorities in third countries , or the public . ### transmitting or making information and documents available to the member states , the competent authorities in third countries , the european parliament , or the public .


### the power to adopt the delegated acts referred to in articles 8 , 12 , 15 , 19 , 27 , 32 , article 34 , article 37 , article 38 and article 39 shall be conferred on the commission for an indeterminate period of time from the date of entry into force of this regulation . ### the power to adopt the delegated acts referred to in articles 8 , 12 , 15 , 19 , 27 , 32 , article 34 , article 37 , article 38 and article 39 shall be conferred on the commission for a period of seven years from . . . * . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the seven - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period . ––––––––––––––––– * oj : please insert the date of entry into force of the single cmo regulation no … / … [ com 626 final ] .


### a delegated act adopted pursuant to articles 8 , 12 , 15 , 19 , 27 , 32 , article 34 , article 37 , article 38 and article 39 shall enter into force only if no objection has been expressed either by the european parliament or by the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or of the council . ### a delegated act adopted pursuant to articles 8 , 12 , 15 , 19 , 27 , 32 , article 34 , article 37 , article 38 and article 39 shall enter into force only if no objection has been expressed either by the european parliament or by the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by four months at the initiative of the european parliament or of the council .


### it shall apply from 1 january 2014 . ### it shall apply from 1 january 2015 .


### in accordance with directive 85 / 337 / eec , as amended , which applies to exploration and exploitation of oil and gas activities , projects likely to have significant effects on the environment by virtue , inter alia , of their nature , size or location are made subject to an assessment with regard to their effects and a requirement for development consent . in line with directive 85 / 337 / eec when an activity is subject to development consent an effective public participation should be provided in accordance with the united nations economic commission for europe convention on access to information , public participation in decision - making and access to justice in environmental matters . ### within the framework of directive 2001 / 42 / ec of the european parliament and of the council of 27 june 2001 on the assessment of the effects of certain plans and programmes on the environment1 member states have to determine detailed arrangements for effective public participation with regard to plans and programmes which are prepared for energy . in addition , in accordance with directive 2011 / 92 / eu , which amongst others applies to exploration and exploitation of oil and gas activities , projects likely to have significant effects on the environment by virtue , inter alia , of their nature , size or location are made subject to an assessment with regard to their effects and a requirement for development consent . in line with directive 2011 / 92 / eu , when an activity is subject to development consent an effective public participation should be provided in accordance with the united nations economic commission for europe convention on access to information , public participation in decision - making and access to justice in environmental matters . ____________ 1 oj l 197 , 21 . 7 . 2001 , p . 30


### as no existing financial security instruments , including risk pooling arrangements , can accommodate all possible consequences of extreme accidents , the commission should proceed with further analysis and studies of the appropriate measures to ensure adequately robust liability regime for damages related to offshore oil and gas operations , requirements on financial capacity including availability of appropriated financial security instruments or other arrangements . ### as no existing financial security instruments , including risk pooling arrangements , can accommodate all possible consequences of extreme accidents , the commission should immediately proceed with further analysis and studies of the appropriate measures to ensure adequately robust liability regime for damages related to offshore oil and gas operations , requirements on financial capacity including availability of appropriated financial security instruments or other arrangements . until the results of the analysis and studies are known and the most appropriate instruments introduced , the member states should ensure that operators in their jurisdiction demonstrate that sufficient financial guarantees are in place to cover estimated risks .


### ‘ operator’ shall mean : the operator of a production installation or the owner of a non - production installation and the well operator of a well operation . operator and licensee both come under the definition of article 2 of directive 2004 / 35 / ec ; ### ' operator ' shall mean : any natural or legal person who operates an installation or to whom the economic or decision - making power over the functioning of the installation has been delegated ;


### where a member state considers that a well operation or the operation of an installation may have significant negative effects on waters of another member state in the case of an accident , or where a member state likely to be significantly affected so requests , the member state in whose jurisdiction the operations are to take place , shall forward to the affected member state the relevant information and shall endeavour to adopt joint preventive measures to prevent damages . ### where a member state considers that a major accident relating to an offshore oil and gas operation under its jurisdiction is likely to have significant effects on the environment in another member state , or where a member state likely to be significantly affected so requests , the member state in whose jurisdiction the operations are to take place , shall forward the relevant information to the other member state pursuant to the relevant provisions of union law , in particular council directive 85 / 337 / eec .


### competent authorities shall establish procedures for allowing anonymous reporting of safety and / or environmental concerns related to offshore oil and gas operations . competent authorities shall also establish procedures to investigate these reports while maintaining anonymity of the individuals concerned . ### competent authorities shall establish procedures for allowing reporting of safety and / or environmental concerns related to offshore oil and gas operations . competent authorities shall also establish procedures to investigate these reports .


### competent authorities shall establish procedures for allowing anonymous reporting of safety and / or environmental concerns related to offshore oil and gas operations . competent authorities shall also establish procedures to investigate these reports while maintaining anonymity of the individuals concerned . ### competent authorities shall establish procedures for allowing anonymous reporting of safety and / or environmental concerns related to offshore oil and gas operations . competent authorities shall also establish procedures to investigate these reports while maintaining anonymity of the individuals concerned . these procedures shall also be open to employees active in operations outside the union . the competent authorities shall exchange information on these procedures within the eu authorities group .


### operators shall communicate details of the national arrangements pursuant to paragraph 1 to their employees , and to employees to relevant subcontractors , and ensure that reference to anonymous reporting is included in relevant training and notices . ### operators shall communicate details of the national arrangements pursuant to paragraph 1 to their employees , and to employees to relevant subcontractors , and ensure that reference to reporting is included in relevant training and notices .


### in the event of an accident , the relevant authorities , in cooperation with operators concerned , shall take all measures necessary to prevent escalation of the accident and to mitigate its consequences . ### in the event of an accident , both the relevant authorities and operators concerned , shall take all measures necessary to prevent escalation of the accident and to mitigate its consequences .


### member states shall require issuers active in the extractive or logging of primary forest industries , as defined in [ … ] to prepare , in accordance with chapter 9 of directive 2011 / . . . / eu of the european parliament and of the council , a report on payments made to governments on an annual basis . the report shall be made public at the latest six months after the end of each financial year and shall remain publicly available for at least five years . payments to governments shall be reported at consolidated level . ### member states shall require issuers active in the extractive or logging of primary forest industries , as defined in [ . . . ] to prepare , in accordance with chapter 9 of directive 2011 / . . . / eu of the european parliament and of the council , a report on payments made to governments , comprising additional information on their financial activities in third countries , on an annual basis . the report shall be made public at the latest six months after the end of each financial year and shall remain publicly available for at least five years . payments to governments shall be reported at consolidated level .


### to ensure legal certainty in the transition it should be provided that expenditure undertaken pursuant to regulation no 1698 / 2005 under area and animal related measures should be eligible for an eafrd contribution in the new programming period when there are still payments to be made . in the interest of sound financial management and effective programme implementation , such expenditure should be clearly identified in the rural development programmes and throughout the management and control systems of the member states . in order to avoid unnecessary complexity in the financial management of rural development programmes in the new programming period , it should be provided that the co - financing rates of the new programming period shall apply to transitional expenditure . ### to ensure legal certainty in the transition it should be provided that all measures in the programming period 2007 - 2013 undertaken pursuant to regulation no 1698 / 2005 should be eligible for an eafrd contribution in the new programming period when there are still payments to be made . in the interest of sound financial management and effective programme implementation , such expenditure should be clearly identified in the rural development programmes and throughout the management and control systems of the member states . in order to avoid unnecessary complexity in the financial management of rural development programmes in the new programming period , it should be provided that the co - financing rates of the new programming period shall apply to transitional expenditure .


### with a view to allowing member states to address the needs of their agricultural sectors or to strengthen their rural development policy in a more flexible way , they should be given the possibility to transfer funds from their direct payments ceilings to their support assigned for rural development and from the support assigned for rural development to their direct payments ceilings . at the same time , member states where the level of direct support remains lower than 90 % of the union average level of support should be given the possibility to transfer additional funds from their support assigned for rural development to their direct payments ceilings . such choices should be made , within certain limits , once and for the whole period of financial years 2015 - 2020 . ### with a view to allowing member states to address the needs of their agricultural sectors or to strengthen their rural development policy in a more flexible way , they should be given the possibility to transfer funds from their direct payments ceilings to their support assigned for rural development . at the same time , member states where the level of direct support remains lower than 90 % of the union average level of support should be given the possibility to transfer additional funds from their support assigned for rural development to their direct payments ceilings . such choices should be made , within certain limits , for the whole period of financial years 2015 - 2020 , with the possibility of a review in 2017 .


### by way of derogation from article 94 of regulation no [ &#8230 ; ] [ rd ] , for the measures of article 36 to and and of regulation no 1698 / 2005 , member states may continue to undertake new legal commitments to beneficiaries in 2014 pursuant to the rural development programmes adopted on the basis of regulation no 1698 / 2005 even after the financial resources of the 2007 - 2013 programming period have been used up , until the adoption of the respective rural development programme for the 2014 - 2020 programming period . the expenditure incurred on the basis of these commitments shall be eligible in accordance with article 3 of this regulation . ### by way of derogation from article 94 of regulation no [ &#8230 ; ] [ rd ] , for the measures of article 36 to and and of regulation no 1698 / 2005 , member states may continue to undertake new legal commitments to beneficiaries in 2014 pursuant to the rural development programmes adopted on the basis of regulation no 1698 / 2005 even after the financial resources of the 2007 - 2013 programming period have been used up , until the adoption of the respective rural development programme for the 2014 - 2020 programming period . member states should be given the possibility to extend and use the existing system and programmes for the transitional period 2014 , by financing it from the funds from the 2014 - 2020 period . the expenditure incurred on the basis of these commitments shall be eligible in accordance with article 3 of this regulation .