### each member state shall set up an energy efficiency obligation scheme . this scheme shall ensure that either all energy distributors or all retail energy sales companies operating on the member state ' s territory achieve annual energy savings equal to 1 . 5% of their energy sales , by volume , in the previous year in that member state excluding energy used in transport . this amount of energy savings shall be achieved by the obligated parties among final customers . ### each member state shall set up an energy efficiency obligation scheme . this scheme shall ensure that either all energy distributors or all retail energy sales companies operating on the member state ' s territory achieve annual energy savings as a quota of their energy sales by volume , in the previous year in that member state , as contribution to the national target as set pursuant to article 3 of this directive , taking into account the union ' s target of 20% energy savings by 2020 . this amount of energy savings shall be achieved by the obligated parties among final customers . the energy saving target shall be introduced gradually and with a starting level differentiated on a national basis in order to take into full account early actions and results achieved so far , including efficiency measures already adopted in the fuel sector . measures that target long - term savings or structured programs proposed by operators in the energy efficiency sector should be encouraged through incentives or specific fiscal treatment .


### within the energy efficiency obligation scheme , member states may : ### within the energy efficiency obligation scheme , member states shall be asked to :


### member states shall set a national energy efficiency target expressed as an absolute level of primary energy consumption in 2020 . when setting these targets , they shall take into account the union ' s target of 20 % energy savings , the measures provided for in this directive , the measures adopted to reach the national energy saving targets adopted pursuant to article 4 of directive 2006 / 32 / ec and other measures to promote energy efficiency within member states and at union level . ### member states shall set an indicative national energy efficiency target on primary energy consumption in 2020 . when setting these targets , they shall take into account the union ' s 2020 20% headline target of energy efficiency , the measures provided for in this directive , the measures adopted to reach the national energy efficiency targets adopted pursuant to article 4 of directive 2006 / 32 / ec and other measures to promote energy efficiency within member states and at union level . when setting the national energy efficiency targets , member states may take account of national circumstances affecting primary energy consumption : changes of energy imports and exports , development of biomass utilisation as well as wind and solar energy , and carbon capture and storage .


### it lays down rules designed to remove barriers in the energy market and overcome market failures that impede efficiency in the supply and use of energy , and provides for the establishment of national energy efficiency targets for 2020 . ### it lays down rules designed to remove barriers in the energy market and overcome market failures that impede efficiency in the supply and use of energy , and provides for the establishment of indicative national energy efficiency targets for 2020 .


### in case of heating and cooling , where a building is supplied from a district heating network , a heat meter shall be installed at the building entry . in multi - apartment buildings , individual heat consumption meters shall also be installed to measure the consumption of heat or cooling for each apartment . where the use of individual heat consumption meters is not technically feasible , individual heat cost allocators , in accordance with the specifications in annex vi , shall be used for measuring heat consumption at each radiator . ### member states shall ensure that in buildings with several units , whose units are supplied with heat and domestic hot water from central systems the consumption is measured for each unit ; member states shall introduce rules for the annual consumption - based cost allocation of heat and domestic hot water in these buildings . exceptions are allowed if the installation of measuring devices or the consumption based cost allocation turns out to be technically and / or economically not feasible , e . g . in high efficient buildings . the metering of cooling is optional .


### a cost - benefit analysis shows that the costs outweigh the benefits in comparison with the full life - cycle costs , including infrastructure investment , of providing the same amount of heat with separate heating or cooling . ### a cost - benefit analysis shows that the costs allow no competitive return on investments , taking into account the full life - cycle costs , including infrastructure investment , of providing the same amount of electricity and heat with separate heating or cooling .


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


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


### member states may exempt small energy distributors and small retail energy sales companies , namely those that distribute or sell less than the equivalent of 75 gwh of energy per year , employ fewer than 10 persons or have an annual turnover or annual balance sheet total that does not exceed eur 2 000 000 , from the application of this article . energy produced for self use shall not count towards these thresholds . ### member states may exempt small energy distributors and small retail energy sales companies , namely those that distribute or sell less than the equivalent of 200 gwh of energy per year , employ fewer than 50 persons or have an annual turnover or annual balance sheet total that does not exceed eur 8 000 000 , from the application of this article . energy produced for self use shall not count towards these thresholds .


### member states shall set a national energy efficiency target expressed as an absolute level of primary energy consumption in 2020 . when setting these targets , they shall take into account the union ' s target of 20 % energy savings , the measures provided for in this directive , the measures adopted to reach the national energy saving targets adopted pursuant to article 4 of directive 2006 / 32 / ec and other measures to promote energy efficiency within member states and at union level . ### member states shall adopt a binding national energy efficiency target expressed as an absolute level of primary energy consumption in 2020 . these targets shall together enable the eu to reduce its primary energy consumption by 25% by 2020 .


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


### developing comprehensive , high quality and interoperable railway systems ; ### developing comprehensive , high quality and interoperable railway systems , and the development of environmentally friendly bus services where rail is not feasible ;


### supporting a multi - modal single european transport area by investing in the trans - european transport network ; ### supporting an efficiently comodal single european transport area by investing in the trans - european transport network ;


### investments in the environment , including areas related to sustainable development and energy which present environmental benefits ; ### investments in the environment , including the energy sector , insofar as they present environmental benefits ;


### promoting sustainable transport and removing bottlenecks in key network infrastructures , by : ### promoting sustainable transport and removing physical , technical and administrative bottlenecks in key network infrastructures , by :


### promoting sustainable transport and removing bottlenecks in key network infrastructures , by : ### promoting sustainable transport , removing bottlenecks in key network infrastructures and closing gaps in cross - border routes , with a view to guaranteeing efficient comodality , by :


### member states obligations to make information on terms and conditions of employment generally available and to provide effective access to it , not only to service providers from other member states , but also to the posted workers concerned , should be further concretised . ### since difficulties in access to information on terms and conditions of employment are very often a reason why rules are not applied by the service providers , member states should be obliged to make information on terms and conditions of employment generally available and to provide effective access to it , not only to service providers from other member states , but also to the posted workers concerned . this obligation should be further concretised , especially when it comes to generally binding collective agreements .


### member states shall ensure that appropriate checks and monitoring mechanisms are put in place and that effective and adequate inspections are carried out on their territory in order to control and monitor compliance with the provisions and rules laid down in directive 96 / 71 / ec and to guarantee its proper application and enforcement . such inspections shall be based primarily on a risk assessment to be drawn up regularly by the competent authorities . the risk assessment shall identify the sectors of activity in which the employment of workers posted for the provision of services is concentrated on their territory . when making such risk assessment the realisation of big infrastructural projects , the special problems and needs of specific sectors , the past record of infringement , as well as the vulnerability of certain groups of workers shall be taken into account . ### member states shall ensure that appropriate checks and monitoring mechanisms are put in place and that effective and adequate inspections are carried out on their territory in order to control and monitor compliance with the provisions and rules laid down in directive 96 / 71 / ec and to guarantee its proper application and enforcement . such inspections may be based in particular on a risk assessment to be drawn up regularly by the competent authorities . the risk assessment may identify the sectors of activity in which the employment of workers posted for the provision of services is concentrated on their territory . when making such risk assessment the realisation of big infrastructural projects , the special problems and needs of specific sectors , the past record of infringement , as well as the vulnerability of certain groups of workers may be taken into particular account .


### an obligation to designate a contact person to negotiate , if necessary , on behalf of the employer with the relevant social partners in the member state to which the posting takes place , in accordance with national legislation and practice , during the period in which the services are provided . ### the possibility to request the designation of a contact person to negotiate , if necessary , on behalf of the employer with the relevant social partners in the host member state , in accordance with national legislation and practice , within the period in which the services are provided .


### an obligation for a service provider established in another member state to make a simple declaration to the responsible national competent authorities at the latest at the commencement of the service provision , whereby the declaration may only cover the identity of the service provider , the presence of one or more clearly identifiable posted workers , their anticipated number , the anticipated duration and location of their presence , and the services justifying the posting ; ### an obligation for a service provider established in another member state to notify the responsible national competent authorities in english or the language of the host member state prior to the commencement of the service provision , whereby the notification shall at least cover the identity of the service provider , the anticipated number of posted workers and their personal identification details , the designated contact person , the beginning and anticipated duration and location of their activity , and the services justifying the posting ;


### in order to ensure the correct application of , and to monitor compliance with , the substantive rules on the terms and conditions of employment to be respected with regard to posted workers , member states should apply only certain control measures or administrative formalities to undertakings posting workers for the provision of services . such measures and requirements may only be imposed provided that the competent authorities cannot carry out their supervisory task effectively without the requested information and the necessary information cannot be obtained easily from the employer of posted workers or the authorities in the member state of establishment of the service provider within a reasonable delay and / or less restrictive measures would not ensure that the objectives of the national controls measures deemed necessary are attained . ### in order to ensure the correct application of , and to monitor compliance with , the substantive rules on the terms and conditions of employment to be respected with regard to posted workers , member states should apply only certain control measures or administrative formalities to undertakings posting workers for the provision of services . any control measures and requirements should be uniform at the union level and may only be imposed provided that the competent authorities cannot carry out their supervisory task effectively without the requested information and the necessary information cannot be obtained easily from the employer of posted workers or the authorities in the member state of establishment of the service provider within a reasonable delay and / or less restrictive measures would not ensure that the objectives of the national controls measures deemed necessary are attained .


### an obligation for a service provider established in another member state to make a simple declaration to the responsible national competent authorities at the latest at the commencement of the service provision , whereby the declaration may only cover the identity of the service provider , the presence of one or more clearly identifiable posted workers , their anticipated number , the anticipated duration and location of their presence , and the services justifying the posting ; ### an obligation for a service provider established in another member state to make a simple declaration to the responsible national competent authorities before the commencement of the service provision , whereby the declaration shall cover at least : the identity of the service provider , the anticipated number of and particulars for each of the posted workers , the anticipated duration and location of where the service is to be provided , and the services justifying the posting ;


### an obligation for a service provider established in another member state to make a simple declaration to the responsible national competent authorities at the latest at the commencement of the service provision , whereby the declaration may only cover the identity of the service provider , the presence of one or more clearly identifiable posted workers , their anticipated number , the anticipated duration and location of their presence , and the services justifying the posting ; ### an obligation for a service provider established in another member state to make a simple declaration to the responsible national competent authorities before the commencement of the service provision , whereby the declaration shall cover at least the identity of the service provider , the anticipated number of clearly and individually identifiable posted workers , the designated contact person , the beginning , anticipated duration and location of where the service is to be provided , and the services justifying the posting ;


### trade unions play an important role in the context of the posting of workers for the provision of services since social partners may , in accordance with national law and / or practice , determine the different levels of the applicable minimum rates of pay . ### social partners play an important role in the context of the posting of workers for the provision of services since they may , in accordance with national law and / or practice , determine the different levels of the applicable minimum rates of pay . this right should be linked to their responsibility to communicate and inform about the aforementioned rates . in order to provide undertakings with an incentive to comply with all binding rules , social partners should consider introducing certificates that could be used to create ' white lists ' of compliant undertakings as visible recognition of their reliability .


### for the purpose of implementing , applying and enforcing directive 96 / 71 / ec the competent authorities shall take into account factual elements characterising the activities carried out by an undertaking in the state in which it is established in order to determine whether it genuinely performs substantial activities , other than purely internal management and / or administrative activities . such elements may include : ### for the purpose of implementing , applying and enforcing directive 96 / 71 / ec the employer shall communicate to the competent authorities the following information :


### an obligation for a service provider established in another member state to make a simple declaration to the responsible national competent authorities at the latest at the commencement of the service provision , whereby the declaration may only cover the identity of the service provider , the presence of one or more clearly identifiable posted workers , their anticipated number , the anticipated duration and location of their presence , and the services justifying the posting ; ### an obligation for a service provider established in another member state to make a simple declaration in the language of the member state of destination to the responsible national competent authorities prior to the commencement of the service provision , whereby the declaration must contain the following information : the identity of the service provider the identity of the posted worker their anticipated number the anticipated duration of the posting and the anticipated location where the service will be provided the accessible and clearly identified place in which the audit documents are to be kept or made available in paper or electronic form name , forename and address of the person authorised to accept service in the country of destination , i . e . the person on whom administrative decisions or official documents with legal effect for the service provider established in another member state may be served the services justifying the posting . the service provider established in another member state shall be required to inform the competent national authorities immediately of any changes to the information contained in the declaration .


### an obligation to designate a contact person to negotiate , if necessary , on behalf of the employer with the relevant social partners in the member state to which the posting takes place , in accordance with national legislation and practice , during the period in which the services are provided . ### if necessary , to designate a contact person to negotiate , if necessary , on behalf of the employer with the relevant social partners in the member state to which the posting takes place , in accordance with national legislation and practice , during the period in which the services are provided . the representative or the contact person can be any person chosen by the employer or employers association in the member state of establishment of which the employer is a member .


### in the circumstances referred to in article 3 and and article 9 , the member state of establishment of the service provider shall assist the member state to which the posting takes place to ensure compliance with the conditions applicable under directive 96 / 71 / ec and this directive . the member state of establishment of the service provider shall , on its own initiative , communicate to the member state to which the posting takes place any relevant information as specified in articles 3 and and 9 , where the member state of establishment of the service provider is aware of specific facts which indicate possible irregularities . ### in the circumstances referred to in article 3 and and article 9 , the member state of establishment of the service provider shall assist the host member state to ensure compliance with the conditions applicable under directive 96 / 71 / ec and this directive . the member state of establishment of the service provider shall , on its own initiative , communicate to the relevant competent authority of host member state any relevant information as specified in articles 3 and and 9 , where the member state of establishment has reasoned suspicions of possible irregularities . the period for the retention of information should be in accordance with the imi system . the information received shall be treated as confidential and shall not be forwarded or published .


### in order to ensure the correct application of , and to monitor compliance with , the substantive rules on the terms and conditions of employment to be respected with regard to posted workers , member states should apply only certain control measures or administrative formalities to undertakings posting workers for the provision of services . such measures and requirements may only be imposed provided that the competent authorities cannot carry out their supervisory task effectively without the requested information and the necessary information cannot be obtained easily from the employer of posted workers or the authorities in the member state of establishment of the service provider within a reasonable delay and / or less restrictive measures would not ensure that the objectives of the national controls measures deemed necessary are attained . ### in order to ensure the correct application of , and to monitor compliance with , the substantive rules on the terms and conditions of employment to be respected with regard to posted workers , member states should apply any control measures or administrative formalities to undertakings posting workers for the provision of services deemed to be effective and necessary for that purpose . such measures and requirements may be imposed provided that the competent authorities cannot carry out their supervisory task effectively without the requested information .


### the cooperation of the member states shall in particular consist in replying to reasoned requests for information and to carry out checks , inspections and investigations from competent authorities with respect to the situations of posting referred to in article 1 of directive 96 / 71 / ec , including investigation of any abuses of applicable rules on the posting of workers or possible cases of unlawful transnational activities . ### the cooperation of the member states shall in particular consist in replying without delay to reasoned requests for information and to carry out checks , inspections and investigations from competent authorities with respect to the situations of posting referred to in article 1 of directive 96 / 71 / ec , including investigation of any abuses of applicable rules on the posting of workers .


### preventing abuse and circumvention ### measures for the enforcement , implementation and control of the directive


### this directive aims to guarantee respect for an appropriate level of minimum protection of the rights of posted workers for the cross - border provision of services , while facilitating the exercise of the freedom to provide services for service providers and promoting fair competition between service providers . ### this directive aims to facilitate the exercise of the freedom to provide services for service providers and promoting fair competition between service providers , while guaranteeing respect for an appropriate level of minimum protection of the rights of posted workers for the cross - border provision of services


### the place where posted workers are recruited , ### the place where posted workers are recruited and from which they are posted ,


### this directive establishes a general common framework of appropriate provisions , measures and control mechanisms necessary for better and more uniform implementation , application and enforcement in practice of directive 96 / 71 / ec , including measures to prevent and sanction any abuse and circumvention of the applicable rules . ### this directive comprehensively strengthens member states ' control mechanisms and measures and establishes a general common framework of appropriate provisions , measures and control mechanisms necessary for better and more uniform implementation , application and enforcement in practice of directive 96 / 71 / ec , including measures to prevent and sanction any abuse and circumvention of the applicable rules , while endeavouring not to restrict member states ' control mechanisms and measures in any way whatsoever .


### in order to ensure the correct application of , and to monitor compliance with , the substantive rules on the terms and conditions of employment to be respected with regard to posted workers , member states should apply only certain control measures or administrative formalities to undertakings posting workers for the provision of services . such measures and requirements may only be imposed provided that the competent authorities cannot carry out their supervisory task effectively without the requested information and the necessary information cannot be obtained easily from the employer of posted workers or the authorities in the member state of establishment of the service provider within a reasonable delay and / or less restrictive measures would not ensure that the objectives of the national controls measures deemed necessary are attained . ### in order to ensure the correct application of , and to monitor compliance with , the substantive rules on the terms and conditions of employment to be respected with regard to posted workers , member states should apply to undertakings posting workers for the provision of services all control measures or administrative formalities judged to be effective and necessary for this purpose .


### the place where the undertaking performs its substantial business activity and where it employs administrative staff , ### the place where the undertaking performs its business activity , which in a wider time - frame assessment is not limited to purely internal management and / or administrative activities ,


### make the information available to workers and service providers in languages other than the national language of the country in which the services are provided , if possible in summarised leaflet form indicating the main labour conditions applicable and upon requests in formats accessible to persons with disabilities ; ### make the information available to workers and service providers in english and in the other most relevant languages other than the national language of the country in which the services are provided , if possible in summarised leaflet form indicating the main labour conditions applicable and upon requests in formats accessible to persons with disabilities ;


### an obligation to designate a contact person to negotiate , if necessary , on behalf of the employer with the relevant social partners in the member state to which the posting takes place , in accordance with national legislation and practice , during the period in which the services are provided . ### the possibility to request the designation of a contact person to negotiate , if necessary , on behalf of the employer with the relevant social partners in the host member state , in accordance with national legislation and practice , within the period in which the services are provided .


### member states shall ensure that appropriate checks and monitoring mechanisms are put in place and that effective and adequate inspections are carried out on their territory in order to control and monitor compliance with the provisions and rules laid down in directive 96 / 71 / ec and to guarantee its proper application and enforcement . such inspections shall be based primarily on a risk assessment to be drawn up regularly by the competent authorities . the risk assessment shall identify the sectors of activity in which the employment of workers posted for the provision of services is concentrated on their territory . when making such risk assessment the realisation of big infrastructural projects , the special problems and needs of specific sectors , the past record of infringement , as well as the vulnerability of certain groups of workers shall be taken into account . ### the competent national authorities in the member states shall ensure that appropriate checks and monitoring mechanisms are put in place and that effective inspections are carried out on their territory in order to control and monitor compliance with the provisions and rules laid down in directive 96 / 71 / ec and to guarantee its proper application and enforcement . such inspections may be based on a risk assessment which may be drawn up regularly by the competent authorities . the risk assessment may identify the sectors of activity in which the employment of workers posted for the provision of services is concentrated on their territory . when making such risk assessment the realisation of big infrastructural projects , the special problems and needs of specific sectors , the past record of infringement , as well as the vulnerability of certain groups of workers may be taken into account . this provision shall be without prejudice to the right of member states to carry out inspections without any basis for suspicion .


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


### in order to ensure the correct application of , and to monitor compliance with , the substantive rules on the terms and conditions of employment to be respected with regard to posted workers , member states should apply only certain control measures or administrative formalities to undertakings posting workers for the provision of services . such measures and requirements may only be imposed provided that the competent authorities cannot carry out their supervisory task effectively without the requested information and the necessary information cannot be obtained easily from the employer of posted workers or the authorities in the member state of establishment of the service provider within a reasonable delay and / or less restrictive measures would not ensure that the objectives of the national controls measures deemed necessary are attained . ### in order to ensure the correct application of , and to monitor compliance with , the substantive rules on the terms and conditions of employment to be respected with regard to posted workers , member states should apply only certain control measures or administrative formalities to undertakings posting workers for the provision of services . for the purpose of legal clarity , possible control measures and requirements should be uniform at the union level and may only be imposed provided that the competent authorities cannot carry out their supervisory task effectively without the requested information and the necessary information cannot be obtained easily from the employer of posted workers or the authorities in the member state of establishment of the service provider within a reasonable delay and / or less restrictive measures would not ensure that the objectives of the national controls measures deemed necessary are attained .


### with respect to the construction activities referred to in the annex to directive 96 / 71 / ec , for all posting situations covered by article 1 of directive 96 / 71 / ec , the member states shall ensure on a non&#8211 ; discriminatory basis with regard to the protection of the equivalent rights of employees of direct subcontractors established in its territory , that the contractor of which the employer is a direct subcontractor can , in addition to or in place of the employer , be held liable by the posted worker and / or common funds or institutions of social partners for non - payment of the following : ### member states shall take the necessary measures to ensure that a company that is instructing another company directly with the provision of services on its behalf is held liable for its direct subcontractor regarding :


### for the purpose of implementing , applying and enforcing directive 96 / 71 / ec the competent authorities shall take into account factual elements characterising the activities carried out by an undertaking in the state in which it is established in order to determine whether it genuinely performs substantial activities , other than purely internal management and / or administrative activities . such elements may include : ### for the purpose of implementing , applying and enforcing directive 96 / 71 / ec the competent authorities shall take into account factual elements characterising the activities carried out by an undertaking in the state in which it is established and in the host member state in order to determine whether it genuinely performs substantial activities other than purely internal management and / or administrative activities . purely internal management and / or administrative activities in the member state of establishment or purely staffing activities in the host member state preclude posting . such elements shall include at least :


### within three years after the date referred to in article 20 , the necessity and appropriateness of the application of national control measures shall be reviewed in the light of the experiences with and effectiveness of the system for cooperation and exchange of information , the development of more uniform , standardised documents , the establishment of common principles or standards for inspections in the field of the posting of workers as well as technological developments , with a view to proposing , where appropriate , any necessary amendments or modifications . ### within three years after the date referred to in article 20 , the necessity , appropriateness and sufficient effectiveness of the application of national control measures shall be reviewed in the light of the experiences with and effectiveness of the system for cooperation and exchange of information , the development of more uniform , standardised documents , the establishment of common principles or standards for inspections in the field of the posting of workers as well as technological , social and economic developments of posting , with a view to proposing , where appropriate , any necessary amendments or modifications to ensure effective controls of employment conditions by the competent authorities of the host member state .


### the requesting authority may , in accordance with the laws , regulations and administrative practices in force in its own member state , request the competent authority in another member state to recover a penalty or fine or notify a decision imposing a penalty or a fine , in so far as the relevant laws , regulations and administrative practices in force in the requested authority’s member state allow such action for similar claims or decisions . ### the requesting authority may , in accordance with the laws , regulations and administrative practices in force in its own member state , request the competent authority in another member state to recover a penalty or fine or notify a decision imposing a penalty or a fine .


### ' competent authority ' means an authority designated by a member state to perform functions under this directive ; ### ' competent authority ' means public authorities of a member state designated by this member state to perform functions under this directive ;


### role of the member state of establishment ### cooperation between the member state of establishment and the host member state


### the place where the undertaking has its registered office and administration , uses office space , pays taxes , has a professional licence or is registered with the chambers of commerce or professional bodies , ### the place where the undertaking has its registered office and administration , uses office space , pays taxes , and social security , has a professional licence or is registered with the chambers of commerce or professional bodies ,


### member states shall ensure that appropriate checks and monitoring mechanisms are put in place and that effective and adequate inspections are carried out on their territory in order to control and monitor compliance with the provisions and rules laid down in directive 96 / 71 / ec and to guarantee its proper application and enforcement . such inspections shall be based primarily on a risk assessment to be drawn up regularly by the competent authorities . the risk assessment shall identify the sectors of activity in which the employment of workers posted for the provision of services is concentrated on their territory . when making such risk assessment the realisation of big infrastructural projects , the special problems and needs of specific sectors , the past record of infringement , as well as the vulnerability of certain groups of workers shall be taken into account . ### member states shall ensure that effective checks and monitoring mechanisms are put in place and that effective and adequate inspections are carried out on their territory in order to control and monitor compliance with the provisions and rules laid down in directive 96 / 71 / ec and in this directive and to guarantee its proper application and enforcement . such inspections shall be based primarily on a risk assessment to be drawn up regularly by the competent authorities . the risk assessment shall identify the sectors of activity in which the employment of workers posted for the provision of services is concentrated on their territory . when making such risk assessment the realisation of big infrastructural projects , the special problems and needs of specific sectors , the past record of infringement , as well as the vulnerability of certain groups of workers shall be taken into account .


### in the circumstances referred to in article 3 and and article 9 , the member state of establishment of the service provider shall assist the member state to which the posting takes place to ensure compliance with the conditions applicable under directive 96 / 71 / ec and this directive . the member state of establishment of the service provider shall , on its own initiative , communicate to the member state to which the posting takes place any relevant information as specified in articles 3 and and 9 , where the member state of establishment of the service provider is aware of specific facts which indicate possible irregularities . ### in the circumstances referred to in article 3 and and article 9 , the member state of establishment of the service provider shall assist the host member state to ensure compliance with the conditions applicable under directive 96 / 71 / ec and this directive . the member state of establishment of the service provider shall , on its own initiative , communicate to the relevant competent authority of host member state any relevant information as specified in articles 3 and and 9 , where the member state of establishment has reasoned suspicions of possible irregularities . the period for the retention of information should be in accordance with the imi system . the information received shall be treated as confidential and shall not be forwarded or published .


### within three years after the date referred to in article 20 , the necessity and appropriateness of the application of national control measures shall be reviewed in the light of the experiences with and effectiveness of the system for cooperation and exchange of information , the development of more uniform , standardised documents , the establishment of common principles or standards for inspections in the field of the posting of workers as well as technological developments , with a view to proposing , where appropriate , any necessary amendments or modifications . ### within three years after the date referred to in article 20 , the application of national control measures shall be reviewed in the light of the experiences with and effectiveness of the system for cooperation and exchange of information , the development of more uniform , standardised documents , the establishment of common principles or standards for inspections in the field of the posting of workers as well as technological developments , with a view to proposing , where appropriate , any necessary amendments or modifications .


### the free movement of workers gives every citizen the right to move freely to another member state to work and reside there for that purpose and protects them against discrimination as regards employment , remuneration and other working conditions in comparison to nationals of that member state . it needs to be distinguished from the freedom to provide services , which includes the right of undertakings to provide services in another member state , for which they may send their own workers temporarily to carry out the work necessary to provide these services there . ### the freedom to provide services includes the right of undertakings to provide services in another member state , to which they may send their own workers temporarily to carry out the work necessary to provide these services there . it is necessary for the purpose of the posting of workers to distinguish this freedom from the free movement of workers , which gives every citizen the right to move freely to another member state to work and reside there for that purpose and protects them against discrimination as regards employment , remuneration and other working conditions in comparison to nationals of that member state .


### ‘ requesting authority’ means the competent authority of a member state which makes a request for assistance , information , notification or recovery concerning a penalty or fine as referred to in chapter v ; ### ' requesting authority ' means the competent authority of a member state which makes a request for assistance , information , notification or recovery concerning a penalty or fine as referred to in chapter vi ;


### mutual trust , a spirit of cooperation , continuous dialogue and mutual understanding are essential in this respect . ### since the ability of the host member state to establish the factual elements concerning the foreign undertaking is limited , cooperation with the member state of establishment is crucial and needs to be further improved . mutual trust , a spirit of assistance , continuous dialogue and mutual understanding are essential in this respect .


### the abnormally limited number of contracts performed and / or size of turnover realised in the member state of establishment . ### the number of contracts performed and / or size of turnover realised in the member state of establishment .


### for the purposes of this directive , member states shall , in accordance with national legislation and / or practice , designate one or more competent authorities , which may include the liaison office referred to in article 4 of directive 96 / 71 / ec . ### for the purposes of this directive , member states shall , in accordance with national legislation and / or practice , designate one or more competent authorities , which may include the liaison office referred to in article 4 of directive 96 / 71 / ec . the principal task of the liaison office shall be to provide information about terms and conditions of employment and employment rules . the monitoring of the application of the aforementioned rules may be performed by liaison offices or by other monitoring authorities .


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


### ‘ requested authority’ means the competent authority of a member state to which a request for assistance , information , notification or recovery is made . ### ‘ requested authority ' means the competent authority of a member state to which a request for assistance , information , notification or recovery is made , as referred to in chapter vi .


### member states obligations to make information on terms and conditions of employment generally available and to provide effective access to it , not only to service providers from other member states , but also to the posted workers concerned , should be further concretised . ### since difficulties in access to information on terms and conditions of employment are very often a reason why rules are not applied by the service providers , member states should be obliged to make information on terms and conditions of employment generally available and to provide effective access to it , not only to service providers from other member states , but also to the posted workers concerned . this obligation should be further concretised , especially when it comes to generally binding collective agreements .


### in the context of bilateral agreements referred to in paragraph 2 , competent authorities of the member states shall use imi as much as possible . in any event , where a competent authority in one of the member states concerned has used imi , it shall be used for any follow - up required and shall take precedence over the mechanism foreseen in such a bilateral agreement with respect to administrative cooperation and mutual assistance . ### in the context of bilateral arrangements referred to in paragraph 2 , competent authorities of the member states shall use the imi system in every case in which it is possible and for any follow - up required . in this respect , the imi system shall take precedence over the mechanism foreseen in such a bilateral arrangements with respect to administrative cooperation and mutual assistance .


### member states may only impose the following administrative requirements and control measures : ### in order to improve compliance with articles 3 and 5 of directive 96 / 71 / ec , member states should introduce administrative requirements and control measures , such as :


### member states shall supply the information requested by other member states or the commission by electronic means as soon as possible and at the latest within 2 weeks from the reception of a request . ### member states shall supply the information requested by other member states or the commission by electronic means as soon as possible and at the latest within 2 weeks from the reception of a request or within one month if the answer requires an on - the - spot inspection . where the request is of an urgent nature , the information must be sent within three days of the reception of the request .


### national labour inspectorates , social partners and other monitoring bodies are of paramount importance in this respect and should continue to play a crucial role . ### national labour inspectorates , social partners and other monitoring authorities are of paramount importance in this respect and should continue to play a crucial role .


### in the context of bilateral agreements referred to in paragraph 2 , competent authorities of the member states shall use imi as much as possible . in any event , where a competent authority in one of the member states concerned has used imi , it shall be used for any follow - up required and shall take precedence over the mechanism foreseen in such a bilateral agreement with respect to administrative cooperation and mutual assistance . ### in the context of bilateral agreements referred to in paragraph 2 , competent authorities of the member states shall use imi as much as possible . in any event , where a competent authority in one of the member states concerned has used imi , it shall where possible be used for any follow - up required .


### within three years after the date referred to in article 20 , the necessity and appropriateness of the application of national control measures shall be reviewed in the light of the experiences with and effectiveness of the system for cooperation and exchange of information , the development of more uniform , standardised documents , the establishment of common principles or standards for inspections in the field of the posting of workers as well as technological developments , with a view to proposing , where appropriate , any necessary amendments or modifications . ### within three years after the date referred to in article 20 , the necessity and appropriateness of the application of national control measures shall be reviewed in the light of the experiences with and effectiveness of the system for cooperation and exchange of information , the development of more uniform , standardised documents , the recommending of common principles or standards for inspections in the field of the posting of workers as well as technological developments , with a view to recommending to the member states where appropriate , any amendments or modifications .


### in order to ensure the correct application of , and to monitor compliance with , the substantive rules on the terms and conditions of employment to be respected with regard to posted workers , member states should apply only certain control measures or administrative formalities to undertakings posting workers for the provision of services . such measures and requirements may only be imposed provided that the competent authorities cannot carry out their supervisory task effectively without the requested information and the necessary information cannot be obtained easily from the employer of posted workers or the authorities in the member state of establishment of the service provider within a reasonable delay and / or less restrictive measures would not ensure that the objectives of the national controls measures deemed necessary are attained . ### in order to ensure the correct application of , and to monitor compliance with , the substantive rules on the terms and conditions of employment to be respected with regard to posted workers , member states should impose on undertakings posting workers for the provision of services any control measures or administrative formalities which are regarded as appropriate and necessary .


### role of the member state of establishment ### cooperation between the member state of establishment and the host member state


### the cooperation of the member states shall in particular consist in replying to reasoned requests for information and to carry out checks , inspections and investigations from competent authorities with respect to the situations of posting referred to in article 1 of directive 96 / 71 / ec , including investigation of any abuses of applicable rules on the posting of workers or possible cases of unlawful transnational activities . ### the cooperation of the member states shall in particular consist in replying without delay to reasoned requests for information and to carry out checks , inspections and investigations from competent authorities with respect to the situations of posting referred to in article 1 of directive 96 / 71 / ec , including investigation of any abuses of applicable rules on the posting of workers .


### take the necessary measures to make generally available on internet sites information on which collective agreements are applicable , and which terms and conditions of employment have to be applied by service providers from other member states in accordance with directive 96 / 71 / ec , whereby , where possible , links to existing internet sites and other contact points , in particular the relevant social partners , shall be provided ; ### take the necessary measures to make generally available on the single official national website information on which collective agreements are applicable , and which terms and conditions of employment have to be applied by service providers from other member states in accordance with directive 96 / 71 / ec , whereby , where possible , links to existing internet sites and other contact points , in particular the relevant social partners , shall be provided ;


### notwithstanding the establishment of more uniform rules with respect to the cross - border enforcement of penalties and fines and the need for more common criteria for follow - up procedures in the event of the non - payment of these they should not affect the member states ‘ competences to determine their system of penalties , sanctions and fines or the recovery measures available under their internal legislation . ### notwithstanding the establishment of some more uniform rules with respect to the cross - border enforcement of penalties and fines and the need to enable the follow - up procedures in the event of the non - payment of these they should not affect the member states ' competences to determine their system of penalties , sanctions and fines or the recovery measures available under their internal legislation .


### ‘ requesting authority’ means the competent authority of a member state which makes a request for assistance , information , notification or recovery concerning a penalty or fine as referred to in chapter v ; ### ' requesting authority ' means the competent authority of a member state which makes a request for assistance , information , notification or recovery concerning a penalty or fine as referred to in chapter vi ;


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


### an obligation to designate a contact person to negotiate , if necessary , on behalf of the employer with the relevant social partners in the member state to which the posting takes place , in accordance with national legislation and practice , during the period in which the services are provided . ### the possibility to request the designation of a contact person to negotiate , if necessary , on behalf of the employer with the relevant social partners in the host member state , in accordance with national legislation and practice , within the period in which the services are provided .


### in the circumstances referred to in article 3 and and article 9 , the member state of establishment of the service provider shall assist the member state to which the posting takes place to ensure compliance with the conditions applicable under directive 96 / 71 / ec and this directive . the member state of establishment of the service provider shall , on its own initiative , communicate to the member state to which the posting takes place any relevant information as specified in articles 3 and and 9 , where the member state of establishment of the service provider is aware of specific facts which indicate possible irregularities . ### in the circumstances referred to in article 3 and and article 9 , the member state of establishment of the service provider shall assist the host member state to ensure compliance with the conditions applicable under directive 96 / 71 / ec and this directive . the member state of establishment of the service provider shall , on its own initiative , communicate to the relevant competent authority of host member state any relevant information as specified in articles 3 and and 9 , where the member state of establishment has reasoned suspicions of possible irregularities . the period for the retention of information should be in accordance with the imi system . the information received shall be treated as confidential and shall not be forwarded or published .


### member states shall ensure the confidentiality of the information which they exchange . information exchanged shall be used only in respect of the matter for which it was requested . ### member states shall ensure strict confidentiality of the information which they exchange . information exchanged shall be used exclusively in respect of the matter for which it was requested .


### the place where the undertaking has its registered office and administration , uses office space , pays taxes , has a professional licence or is registered with the chambers of commerce or professional bodies , ### the place where the undertaking has its registered office and administration , uses office space , pays taxes or according to national law has a professional licence or is registered with the chambers of commerce or professional bodies ,


### indicate , if possible , a contact person at the liaison office in charge of dealing with requests for information ; ### indicate , if possible , a contact person at the liaison office in charge of dealing with requests for information ; and makes sure that all necessary information is made available for the posting company and posted workers ;


### the free movement of workers gives every citizen the right to move freely to another member state to work and reside there for that purpose and protects them against discrimination as regards employment , remuneration and other working conditions in comparison to nationals of that member state . it needs to be distinguished from the freedom to provide services , which includes the right of undertakings to provide services in another member state , for which they may send their own workers temporarily to carry out the work necessary to provide these services there . ### the freedom to provide services includes the right of undertakings to provide services in another member state , to which they may send their own workers temporarily to carry out the work necessary to provide these services there . it is necessary for the purpose of the posting of workers to distinguish this freedom from the free movement of workers , which gives every citizen the right to move freely to another member state to work and reside there for that purpose and protects them against discrimination as regards employment , remuneration and other working conditions in comparison to nationals of that member state .


### for the purpose of implementing , applying and enforcing directive 96 / 71 / ec the competent authorities shall take into account factual elements characterising the activities carried out by an undertaking in the state in which it is established in order to determine whether it genuinely performs substantial activities , other than purely internal management and / or administrative activities . such elements may include : ### for the purpose of implementing , applying and enforcing directive 96 / 71 / ec the competent authorities shall take into account factual elements characterising the activities carried out by an undertaking in the state in which it is established in order to determine whether it genuinely posts workers to the territory of another member state in the framework of transnational provision of services . such elements may only include :


### for the purpose of implementing , applying and enforcing directive 96 / 71 / ec the competent authorities shall take into account factual elements characterising the activities carried out by an undertaking in the state in which it is established in order to determine whether it genuinely performs substantial activities , other than purely internal management and / or administrative activities . such elements may include : ### for the purpose of implementing , applying and enforcing directive 96 / 71 / ec the competent authorities shall take into account factual elements characterising the activities carried out by an undertaking in the state in which it is established in order to determine whether it genuinely performs activities , other than purely internal management and / or administrative activities . such elements shall include only :


### the adoption of common rules for providing mutual assistance and support for enforcement measures and the associated costs , as well as the adoption of uniform requirements for the notification of decisions relating to administrative penalties and fines imposed , should resolve a number of practical cross - border enforcement problems and guarantee better communication and better enforcement of such decisions emanating from another member state . ### the adoption of common rules for providing mutual assistance and support for enforcement measures and the associated costs , as well as the adoption of uniform requirements for the notification of decisions relating to administrative penalties and fines imposed in regard to posting of workers situations in accordance with this directive and directive 96 / 71 , should resolve a number of practical cross - border enforcement problems and guarantee better communication and better enforcement of such decisions emanating from another member state .


### member states should determine the way in which providers and recipients are provided with easily accessible relevant information , preferably by making this information accessible through a website , following web accessibility standards . such websites should include in particular any website put in place pursuant to eu legislation with a view to promote entrepreneurship and / or the development of the cross - border of services . ### to improve legal clarity and the accessibility of information , a single source of information per member state should be established . member states should indicate a single official national website which includes in particular the information about terms and conditions of employment applicable to the posted workers in its territory as well as links to any website put in place pursuant to eu legislation with a view to promote entrepreneurship and / or the development of the cross - border provision of services .


### competent authorities of the host member state may equally ask the competent authorities of the member state of establishment , for each instance where services are provided or for each service provider , to provide information as to the legality of the service provider’s establishment , the service provider’s good conduct , and the absence of any infringement of the applicable rules . the competent authorities of the member state of establishment shall provide this information in accordance with article 6 . ### competent authorities of the host member state may equally ask the competent authorities of the member state of establishment , for each instance where services are provided or for each service provider , to provide information as to the legality of the service provider’s establishment . the competent authorities of the member state of establishment shall provide this information in accordance with article 6 .


### indicate clearly , in a detailed and user friendly manner and accessible format on national websites which terms and conditions of employment and / or which parts of their legislation have to be applied to workers posted to their territory ; ### indicate clearly , in a detailed and user friendly manner and accessible format on national websites , as well as through designated employment agencies or contact points , which terms and conditions of employment and / or which parts of their legislation have to be applied to workers posted to their territory ;


### in order to prevent , avoid and combat circumvention and / or abuse of the applicable rules by companies taking improper or fraudulent advantage of the freedom to provide services enshrined in the treaty and / or the application of directive 96 / 71 / ec the implementation and monitoring of the notion of posting should be improved . ### in order to prevent , avoid and combat circumvention and / or abuse of the applicable rules by companies taking improper or fraudulent advantage of the freedom to provide services enshrined in the treaty and / or the application of directive 96 / 71 / ec the implementation and monitoring of the notion of posting should be improved . to this end , monitoring procedures to ensure compliance with minimum terms and conditions of employment are the most important instrument , being necessary as an effective means of preventing undeclared employment ; monitoring by member states must not be hampered in any way , since otherwise the enforcement of directive 96 / 71 / ec cannot be guaranteed .


### in order to cope in a flexible way with the diversity of labour markets and industrial relations systems , by way of exception , other actors and / or bodies may monitor certain terms and conditions of employment of posted workers , provided these offer the persons concerned an equivalent degree of protection and exercise their monitoring in a non - discriminatory and objective manner . ### in order to cope in a flexible way with the diversity of labour markets and industrial relations systems , social partners , and / or by way of exception other national bodies , may monitor certain terms and conditions of employment of posted workers , provided these offer the persons concerned an equivalent degree of protection and exercise their monitoring in a non - discriminatory and objective manner .


### in the context of bilateral agreements referred to in paragraph 2 , competent authorities of the member states shall use imi as much as possible . in any event , where a competent authority in one of the member states concerned has used imi , it shall be used for any follow - up required and shall take precedence over the mechanism foreseen in such a bilateral agreement with respect to administrative cooperation and mutual assistance . ### in the context of bilateral agreements referred to in paragraph 2 , competent authorities of the member states shall use imi as much as possible . in any event , where a competent authority in one of the member states concerned has used imi , it shall where possible be used for any follow - up required .


### in the context of bilateral agreements referred to in paragraph 2 , competent authorities of the member states shall use imi as much as possible . in any event , where a competent authority in one of the member states concerned has used imi , it shall be used for any follow - up required and shall take precedence over the mechanism foreseen in such a bilateral agreement with respect to administrative cooperation and mutual assistance . ### in the context of bilateral arrangements referred to in paragraph 2 , competent authorities of the member states shall use the imi system in every case in which it is possible and for any follow - up required . in this respect , the imi system shall take precedence over the mechanism foreseen in such a bilateral arrangements with respect to administrative cooperation and mutual assistance .


### travel , board and lodging / accommodation is provided or reimbursed by the employer who posts the worker , and if so , how this is done ; as well as ### travel , board and lodging / accommodation is provided or reimbursed by the employer who posts the worker , as well as the method of reimbursement ;


### member states shall ensure that inspections and controls of compliance with directive 96 / 71 / ec are not discriminatory and / or disproportionate . ### member states shall ensure that inspections and controls of compliance with directive 96 / 71 / ec are not discriminatory and / or disproportionate . this provision shall be without prejudice to inspections and controls without any basis for suspicion .


### a specific urgency mechanism shall be used for special situations where a member state becomes aware of particular circumstances requiring urgent action . in such circumstances , the information shall be submitted within 24 hours . ### a specific urgency mechanism shall be used for special situations where a member state becomes aware of particular circumstances requiring urgent action . in such circumstances , the information shall be submitted within two working days .


### in member states where , in accordance with national law and practice , the setting of the terms and conditions of employment of posted workers referred to in article 3 of directive 96 / 71 / ec , and in particular the minimum rates of pay , including working time , is left to management and labour they may , at the appropriate level and subject to the conditions laid down by the member states , also the monitor the application of the relevant terms and conditions of employment of posted workers , provided that an adequate level of protection equivalent to that resulting from directive 96 / 71 / ec and this directive is guaranteed . ### in member states where the national regulations and jurisprudence regarding employment terms and conditions of posted workers , as referred to in article 3 of directive 96 / 71 / ec , particularly the minimum rates of pay and working time , are left to bilateral negotiations between the employer and the employee , both negotiating parties may monitor the application of the relevant terms and conditions of employment of posted workers in accordance with the existing legal national provisions , only if they can guarantee the compliance with the rights and obligations derived from the current directive as well as directive 96 / 71 / ec . in this light , the application of the subsidiarity and proportionality principles are relevant for the warranty of efficient implementation of the directives into the national provisions of the member states .


### member states shall ensure that registers in which service providers have been entered , and which may be consulted by the competent authorities in their territory , may also be consulted , in accordance with the same conditions , by the equivalent competent authorities of the other member states . ### member states shall ensure that registers in which service providers have been entered , and which may be consulted by the competent authorities in their territory , may also be consulted , in accordance with the analogous conditions , by the equivalent competent authorities of the other member states .


### if , in the course of the recovery or notification procedure , the fine , penalty and / or underlying claim is contested by the service provider concerned or an interested party , the cross - border enforcement procedure of the fine or penalty imposed shall be suspended pending the decision of the appropriate national authority in the matter . ### if , in the course of the recovery or notification procedure , the fine , penalty and / or underlying claim is contested by the service provider concerned or an interested party , the cross - border enforcement procedure of the fine or penalty imposed shall be suspended pending the decision of the appropriate national requesting authority .


### the amount of the erdf allocated to technical assistance shall be limited to 6% of the total amount allocated to a cooperation programmes , but shall not be less than eur 1 500 000 . ### the amount of the erdf allocated to technical assistance shall be limited to 6% of the total amount allocated to a cooperation programmes , but shall not be less than eur 1 500 000 , except in the case of the outermost regions , where the percentage allocated for aid may be increased to 10% .


### article 3 geographical coverage for cross - border cooperation , the regions to be supported shall be the nuts level 3 regions of the union along all internal and external land borders other than those covered by programmes under the external financial instruments of the union , and all nuts level 3 regions of the union along maritime borders separated by a maximum of 150 km , without prejudice to potential adjustments needed to ensure the coherence and continuity of cooperation programme areas established for the 2007 - 2013 programming period . the commission shall adopt the list of cross - border areas to receive support , broken down by cooperation programme , by means of implementing acts . those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 30 . that list shall also specify those nuts level 3 regions in the union taken into account for the erdf allocation to cross - border cooperation on all internal and those external borders covered by the external financial instruments of the union , such as eni pursuant to regulation no [ … ] / 2012 [ the eni regulation ] and ipa pursuant to regulation no [ … ] / 2012 the ipa regulation ] . when submitting draft cross - border cooperation programmes , member states may request that additional nuts level 3 regions adjacent to those listed in the decision referred to in the second subparagraph are added to a given cross - border area and shall give reasons for the request . 2 . without prejudice to article 19 and , cross - border cooperation programmes may cover regions from norway , switzerland , liechtenstein , andorra , monaco and san marino and third countries or territories neighbouring outermost regions . such regions shall be nuts level 3 equivalent regions . 3 . for transnational cooperation , the commission shall adopt the list of transnational areas to receive support , broken down by cooperation programme and covering nuts level 2 regions while ensuring the continuity of such cooperation in larger coherent areas based on previous programmes , by means of implementing acts . those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 30 . when submitting draft transnational cooperation programmes , member states may request that additional nuts level 2 regions adjacent to those listed in the decision referred to in the first subparagraph are added to a given transnational cooperation area and shall give reasons for the request . 4 . without prejudice to article 19 and , transnational cooperation programmes may cover regions from the following third countries or territories : the third countries or territories listed or referred to in paragraph 2 ; and the faroe islands and greenland . without prejudice to article 19 and , transnational cooperation programmes may also cover regions from third countries covered by the external financial instruments of the union , such as eni pursuant to regulation no [ … ] / 2012 , including the relevant regions of the russian federation , and ipa pursuant to regulation no [ … ] / 2012 . annual appropriations corresponding to the support of the eni and ipa to these programmes will be made available , provided that the programmes adequately address the relevant external cooperation objectives . such regions shall be nuts level 2 regions or equivalent regions . 5 . for interregional cooperation , support from the erdf shall cover the entire territory of the union . without prejudice to article 19 and , interregional cooperation programmes may cover the whole or part of the territory of third countries referred to in paragraph 4 and . 6 . for information purposes , regions of third countries or territories referred to in paragraphs 2 and 4 shall be mentioned in the lists referred to in paragraphs 1 and 3 . ### article 3 geographical coverage for cross - border cooperation , the regions to be supported shall be the nuts level 3 regions of the union along all internal and external land borders other than those covered by programmes under the external financial instruments of the union , and all nuts level 3 regions of the union along maritime borders separated by a maximum of 150 km , without prejudice to potential adjustments needed to ensure the coherence and continuity of cooperation programme areas established for the 2007 - 2013 programming period . the commission shall adopt a decision , by means of implementing acts , on the list of cross - border areas to receive support , broken down by cooperation programme . those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 30 . that list shall also specify those nuts level 3 regions in the union taken into account for the erdf allocation to cross - border cooperation on all internal and those external borders covered by the external financial instruments of the union , such as eni pursuant to regulation no [ … ] / 2012 [ the eni regulation ] and ipa pursuant to regulation no [ … ] / 2012 the ipa regulation ] . when submitting draft cross - border cooperation programmes , member states , in duly justified cases , and , in order to ensure the coherence of cross border areas , may request that additional nuts level 3 regions are included to those listed in the decision referred to in the second subparagraph . at the request of those member states concerned , in order to facilitate cross border cooperation on maritime borders for outermost regions , and without prejudice to the provisions of the first subparagraph , the commission may include in the decision referred to in the second subparagraph as cross border areas which may receive support from the corresponding allocation of those member states , nuts level 3 regions in outermost regions along maritime borders separated by more than 150 km . 2 . without prejudice to article 19 and , cross - border cooperation programmes may cover regions from norway , switzerland , liechtenstein , andorra , monaco and san marino and third countries or territories neighbouring outermost regions . such regions shall be nuts level 3 equivalent regions . 3 . for transnational cooperation , the commission shall adopt a decision , by means of implementing acts , on the list of transnational areas to receive support , broken down by cooperation programme and covering nuts level 2 regions while ensuring the continuity of such cooperation in larger coherent areas based on previous programmes , taking account of macro - regional and sea - basin strategies , where appropriate . those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 30 . when submitting draft transnational cooperation programmes , member states may request that additional nuts level 2 regions adjacent to those listed in the decision referred to in the first subparagraph are added to a given transnational cooperation area and shall give reasons for the request . 4 . without prejudice to article 19 and , transnational cooperation programmes may cover regions from the following third countries or territories : the third countries or territories listed or referred to in paragraph 2 ; and the faroe islands and greenland . without prejudice to article 19 and , transnational cooperation programmes may also cover regions from third countries covered by the external financial instruments of the union , such as eni pursuant to regulation no [ … ] / 2012 , including the relevant regions of the russian federation , and ipa pursuant to regulation no [ … ] / 2012 . annual appropriations corresponding to the support of the eni and ipa to these programmes will be made available , provided that the programmes adequately address the relevant external cooperation objectives . such regions shall be nuts level 2 equivalent regions . 5 . for interregional cooperation , support from the erdf shall cover the entire territory of the union . without prejudice to article 19 and , interregional cooperation programmes may cover the whole or part of the territory of third countries referred to in paragraph 4 and . 6 . for information purposes , regions of third countries or territories referred to in paragraphs 2 and 4 shall be mentioned in the lists referred to in paragraphs 1 and 3 . 6 a . in duly justified cases , to increase the efficiency of programme implementation , the outermost regions may combine in a single programme for territorial cooperation , the amounts of the erdf allocated for cross - border and transnational cooperation as referred to in the paragraphs above , including the additional allowance of article 4 , respecting the applicable rules for each of these allocations .


### a financing plan containing two tables : a table specifying for each year , in accordance with articles 53 , 110 and 111 of regulation no . / 2012 [ cpr ] , the amount of the total financial appropriation envisaged for the support from the erdf ; a table specifying , for the whole programming period , for the cooperation programme and for each priority axis , the amount of the total financial appropriation of the support from the erdf and the national co - financing . where the national co - financing is made up of public and private co - financing , the table shall give the indicative breakdown between the public and the private components . it shall show , for information purposes , the envisaged participation from the eib ; ### a financing plan containing two tables : a table specifying for each year , in accordance with the rules on co - financing rates laid down in articles 53 , 110 and 111 of regulation no . / 2012 [ cpr ] , the amount of the total financial appropriation envisaged for the support from the erdf ; a table specifying , for the whole programming period , for the cooperation programme and for each priority axis , the amount of the total financial appropriation of the support from the erdf and the national co - financing . for priority axes , which combine investment priorities from different thematic objectives , the table shall specify the amount of total financial appropriation and the national co - financing for each of the corresponding thematic objectives . where the national co - financing is made up of public and private co - financing , the table shall give the indicative breakdown between the public and the private components . it shall show , for information purposes , any contribution from third countries participating in the programme and the envisaged participation from the eib ;


### identification of the accreditation body , the managing authority and the audit authority ; ### identification of the accreditation body , the managing authority , the audit authority and , where appropriate , the certifying authority .


### for cross - border cooperation , the regions to be supported shall be the nuts level 3 regions of the union along all internal and external land borders other than those covered by programmes under the external financial instruments of the union , and all nuts level 3 regions of the union along maritime borders separated by a maximum of 150 km , without prejudice to potential adjustments needed to ensure the coherence and continuity of cooperation programme areas established for the 2007 - 2013 programming period . ### for cross - border cooperation , the regions to be supported shall be the nuts level 3 regions of the union along all internal and external land borders other than those covered by programmes under the external financial instruments of the union , and all nuts level 3 regions of the union along maritime borders separated by a maximum of 150 km , without prejudice to potential adjustments needed to ensure the coherence and continuity of cooperation programme areas established for the 2007 - 2013 programming period . the above - mentioned maximum limit of 150 km shall not apply to island regions within the limits of their sea basin area , so as to promote cooperation actions based on a common strategy within their functional area .


### cross - border cooperation should aim to tackle common challenges identified jointly in the border regions and exploit the untapped potentials in the border area , while enhancing the cooperation process for the purpose of the overall harmonious development of the union . in the case of any cross - border programme between northern ireland and the border counties of ireland in support of peace and reconciliation , the erdf shall also contribute to promoting social and economic stability in the regions concerned , notably by actions to promote cohesion between communities . ### cross - border cooperation should aim to tackle common challenges identified jointly in the border regions and exploit the untapped potential in the border area , while enhancing the cooperation process for the purpose of the overall harmonious development of the union . in the case of any cross - border programme between northern ireland and the border counties of ireland in support of peace and reconciliation , the erdf shall also contribute to promoting social and economic stability in the regions concerned , notably by actions to promote cohesion between communities .


### an assessment of the administrative burden for beneficiaries and the actions planned to achieve a reduction accompanied by targets ; ### an assessment of the administrative burden for beneficiaries and managing authorities and the actions planned to achieve a reduction accompanied by targets ;


### operations selected under cross - border and transnational cooperation shall involve beneficiaries from at least two participating countries , at least one of which shall be from a member state . an operation may be implemented in a single country , provided that it is for the benefit of the programme area . ### operations selected under cross - border and transnational cooperation , and the additional allocation of article 4 shall involve beneficiaries from at least two participating countries , at least one of which shall be from a member state . an operation may be implemented in a single country , provided that it is for the benefit of the programme area .


### where the managing authority cannot carry out verifications under article 114 of regulation no [ … ] / 2012 [ cpr ] throughout the whole programme area , each member state or third country shall designate the body or person responsible for carrying out such verifications in relation to beneficiaries on its territory ’ ) . those controllers shall , where possible , be the same bodies responsible for carrying out such verifications for the operational programmes under the investment for growth and jobs goal or , in the case of third countries , for carrying out comparable verifications under external policy instruments of the union . each member state or third country shall be responsible for verifications carried out on its territory . ### where the managing authority does not carry out verifications under article 114 of regulation no [ . . . ] / 2012 [ cpr ] throughout the whole programme area , each member state or , when it has accepted the invitation to participate in the cooperation programme , the third country shall designate the body or person responsible for carrying out such verifications in relation to beneficiaries on its territory ’ ) . in this connection , the managing authority shall satisfy itself that the expenditure of each beneficiary participating in an operation has been verified by a designated controller . each member state shall ensure that the expenditure can be verified within a period of three months from the submission of the documents by the beneficiary . those controllers may be the same bodies responsible for carrying out such verifications for the operational programmes under the investment for growth and jobs goal or , in the case of third countries , for carrying out comparable verifications under external policy instruments of the union . each member state or , when it has accepted the invitation to participate in the cooperation programme , the third country shall be responsible for verifications carried out on its territory .


### it is necessary to fix the resources allocated to each of the different components of the european territorial cooperation goal , while maintaining a significant concentration on cross - border cooperation and securing sufficient funding levels for outermost regions ' cooperation . ### it is necessary to fix the resources allocated to each of the different components of the european territorial cooperation goal , while maintaining a significant concentration on cross - border cooperation and securing sufficient funding levels for island regions’ and outermost regions ' cooperation .


### article 176 of the treaty provides that the european regional development fund is intended to help to redress the main regional imbalances in the union . in accordance with article 174 of the treaty , the erdf contributes to reducing disparities between the levels of development of the various regions and the backwardness of the least favoured regions , among which particular attention should be paid to regions which suffer from severe and permanent natural or demographic handicaps such as island , cross - border and mountain regions . ### article 176 of the treaty provides that the european regional development fund is intended to help to redress the main regional imbalances in the union . in accordance with article 174 of the treaty , the erdf contributes to reducing disparities between the levels of development of the various regions and the backwardness of the least favoured regions , among which particular attention should be paid to regions which suffer from severe and permanent natural or demographic handicaps such as island , cross - border and mountain regions , as these regions experience particular economic disadvantages and associated problems with migration .


### the commission shall be empowered to adopt delegated acts in accordance with article 29 to set additional specific rules on eligibility of expenditure for cooperation programmes . 2 . without prejudice to the eligibility rules laid down in or on the basis of articles 55 to 61 of regulation no [ … ] / 2012 [ cpr ] , regulation no [ … ] / 2012 [ erdf ] or this regulation , the monitoring committee shall establish eligibility rules for the cooperation programme as a whole . 3 . for matters not covered by eligibility rules laid down in or on the basis of articles 55 to 61 of regulation no [ … ] / 2012 [ cpr ] , regulation no [ … ] / 2012 [ erdf ] or this regulation or by the monitoring committee , the national rules of the country in which the expenditure is incurred shall apply . ### the commission shall adopt delegated acts in accordance with article 29 to set up specific rules on eligibility of expenditure for cooperation programmes with regard to staff costs , office and administrative expenditure , travel and accommodation costs , external expertise and services costs and equipment expenditure . the commission shall notify the delegated acts , adopted in accordance with article 29 , simultaneously to the european parliament and to the council within four months of the adoption of this regulation . 2 . without prejudice to the eligibility rules laid down in or on the basis of articles 55 to 61 of regulation no [ . . . ] / 2012 [ cpr ] , regulation no [ . . . ] / 2012 [ erdf ] , this regulation or the delegated act , referred to in paragraph , the participating member states in the monitoring committee , shall establish additional eligibility rules for the cooperation programme as a whole . 3 . for matters not covered by eligibility rules laid down in or on the basis of articles 55 to 61 of regulation no [ . . . ] / 2012 [ cpr ] , regulation no [ . . . ] / 2012 [ erdf ] , in the delegated act referred to in paragraph or in rules , established jointly by the participating member states in accordance with paragraph , the national rules of the member state in which the expenditure is incurred shall apply .


### areas for transnational cooperation should be defined having regard to actions needed to promote integrated territorial development . the commission should be empowered to define transnational cooperation areas . ### areas for transnational cooperation should be defined having regard to actions needed to promote integrated territorial development . the commission should be empowered to define transnational cooperation areas . the commission must take into consideration the necessary adjustments in order to ensure coherence with cross - border regional strategies .


### the managing authority of a cooperation programme shall carry out the functions of the managing authority and of the certifying authority laid down in articles 114 and 115 of regulation no [ &#8230 ; ] / 2012 [ cpr ] . ### the managing authority of a cooperation programme shall carry out the functions laid down in article 114 of regulation no [ . . . ] / 2012 [ cpr ] , without prejudice to paragraph 4 of this article .


### cross - border cooperation should aim to tackle common challenges identified jointly in the border regions and exploit the untapped potentials in the border area , while enhancing the cooperation process for the purpose of the overall harmonious development of the union . in the case of any cross - border programme between northern ireland and the border counties of ireland in support of peace and reconciliation , the erdf shall also contribute to promoting social and economic stability in the regions concerned , notably by actions to promote cohesion between communities . ### cross - border cooperation should aim to tackle common challenges identified jointly in the border regions and exploit the untapped potentials in the border area , while enhancing the cooperation process for the purpose of the overall harmonious development of the union . in the case of cross - border programmes , for example between northern ireland and the border counties of ireland , in support of peace and reconciliation , the erdf shall also contribute to promoting social and economic stability in the regions concerned , notably by actions to promote cohesion between communities .