### this regulation should set out the different types of activities the costs of which may be supported by means of investments from the erdf and the cohesion fund , under their respective objectives as set out in the tfeu . the cohesion fund should be able to support investments in the environment and in ten - t . with regard to the erdf , the list of activities should be simplified and it should be able to support investments in infrastructure , investments in relation to access to services , productive investments in sme ' s , equipment , software and intangible assets , as well as measures with regard to information , communication , studies , networking , cooperation , exchange of experiences and activities involving clusters . in order to support the programme implementation , both funds should also be able to support technical assistance activities . finally , in order to support provide for a broader range of interventions for interreg programmes , the scope should be enlarged to also include the sharing a broad range of facilities and human resources and costs linked to measures within the scope of the esf + . ### this regulation should set out the different types of activities the costs of which may be supported by means of investments from the erdf and the cohesion fund , under their respective objectives as set out in the tfeu . the cohesion fund should be able to support investments in the environment and in ten - t . with regard to the erdf , the list of activities should be simplified and it should be able to support investments in infrastructure , investments in relation to access to services , with a particular focus on disadvantaged , marginalised and segregated communities , productive investments in sme ' s , including the cultural and creative industries , equipment , software and intangible assets , as well as measures with regard to information , communication , studies , networking , cooperation , exchange of experiences and activities involving clusters . in order to support the programme implementation , both funds should also be able to support technical assistance activities . finally , in order to support provide for a broader range of interventions for interreg programmes , the scope should be enlarged to also include the sharing a broad range of facilities and human resources and costs linked to measures within the scope of the esf + .


### this regulation should set out the different types of activities the costs of which may be supported by means of investments from the erdf and the cohesion fund , under their respective objectives as set out in the tfeu . the cohesion fund should be able to support investments in the environment and in ten - t . with regard to the erdf , the list of activities should be simplified and it should be able to support investments in infrastructure , investments in relation to access to services , productive investments in sme ' s , equipment , software and intangible assets , as well as measures with regard to information , communication , studies , networking , cooperation , exchange of experiences and activities involving clusters . in order to support the programme implementation , both funds should also be able to support technical assistance activities . finally , in order to support provide for a broader range of interventions for interreg programmes , the scope should be enlarged to also include the sharing a broad range of facilities and human resources and costs linked to measures within the scope of the esf + . ### this regulation should set out the different types of activities the costs of which may be supported by means of investments from the erdf and the cohesion fund , under their respective objectives as set out in the tfeu . the cohesion fund should be able to support investments in the environment and in ten - t . with regard to the erdf , the list of activities should be simplified and it should be able to support investments in infrastructure , investments in relation to access to services , productive investments in sme ' s , equipment , software and intangible assets , incentives during the transition period of regions in the process of decarbonisation , as well as measures with regard to information , communication , studies , networking , cooperation , exchange of experiences and activities involving clusters . in order to support the programme implementation , both funds should also be able to support technical assistance activities . finally , in order to support provide for a broader range of interventions for interreg programmes , the scope should be enlarged to also include the sharing a broad range of facilities and human resources and costs linked to measures within the scope of the esf + .


### trans - european transport networks projects in accordance with regulation no 1316 / 2013 shall continue to be financed from the cohesion fund via both shared management and the direct implementation mode under the connecting europe facility . ### trans - european transport networks projects in accordance with regulation no 1316 / 2013 shall continue to be financed from the cohesion fund via both shared management and the direct implementation mode under the connecting europe facility . these networks must prioritise investment in road transport networks in rural areas , especially in sparsely populated areas , in order to foster interconnectivity between cities and the countryside , promote rural development , and combat both rural depopulation and the overcrowding of urban centres .


### within the framework of sustainable urban development , it is considered necessary to support integrated territorial development in order to more effectively tackle the economic , environmental , climate , demographic and social challenges affecting urban areas , including functional urban areas , while taking into account the need to promote urban - rural linkages . the principles for selecting the urban areas where integrated actions for sustainable urban development are to be implemented , and the indicative amounts for those actions , should be set out in the programmes under the investment for jobs and growth goal with a minimum target of 6% of the erdf resources allocated at national level for that purpose . it should also be established that this percentage should be respected throughout the programming period in the case of transfer between priorities within a programme or between programmes , including at the mid - term review . ### within the framework of sustainable urban development , it is considered necessary to support integrated territorial development in order to more effectively tackle the economic , environmental , climate , cultural , demographic and social challenges affecting urban areas , including functional urban areas , while taking into account the need to promote urban - rural linkages and to reduce the digital divide . the principles for selecting the urban areas where integrated actions for sustainable urban development are to be implemented , and the indicative amounts for those actions , should be set out in the programmes under the investment for jobs and growth goal with a minimum target of 6% of the erdf resources allocated at national level for that purpose . it should also be established that this percentage should be respected throughout the programming period in the case of transfer between priorities within a programme or between programmes , including at the mid - term review .


### within the framework of sustainable urban development , it is considered necessary to support integrated territorial development in order to more effectively tackle the economic , environmental , climate , demographic and social challenges affecting urban areas , including functional urban areas , while taking into account the need to promote urban - rural linkages . the principles for selecting the urban areas where integrated actions for sustainable urban development are to be implemented , and the indicative amounts for those actions , should be set out in the programmes under the investment for jobs and growth goal with a minimum target of 6% of the erdf resources allocated at national level for that purpose . it should also be established that this percentage should be respected throughout the programming period in the case of transfer between priorities within a programme or between programmes , including at the mid - term review . ### within the framework of sustainable urban development , it is considered necessary to support integrated territorial development in order to more effectively tackle the economic , environmental , climate , demographic and social challenges affecting urban areas , including functional urban areas and rural communities , while taking into account the need to promote urban - rural linkages . the principles for selecting the urban areas where integrated actions for sustainable urban development are to be implemented , and the indicative amounts for those actions , should be set out in the programmes under the investment for jobs and growth goal with a minimum target of 6% of the erdf resources allocated at national level for that purpose . it should also be established that this percentage should be respected throughout the programming period in the case of transfer between priorities within a programme or between programmes , including at the mid - term review .


### in order to identify or provide solutions which address issues relating to sustainable urban development at union level , the urban innovative actions in the area of sustainable urban development should be replaced by a european urban initiative , to be implemented under direct or indirect management . that initiative should cover all urban areas and support the urban agenda for the european union21 . _________________ 21 council conclusions on an urban agenda for the eu of 24 june 2016 . ### in order to identify or provide solutions which address issues relating to sustainable urban development at union level , the urban innovative actions in the area of sustainable urban development should be replaced by a european urban initiative . that initiative should cover all urban areas and support the urban agenda for the european union21 .


### in order to identify or provide solutions which address issues relating to sustainable urban development at union level , the urban innovative actions in the area of sustainable urban development should be replaced by a european urban initiative , to be implemented under direct or indirect management . that initiative should cover all urban areas and support the urban agenda for the european union21 . _________________ 21 council conclusions on an urban agenda for the eu of 24 june 2016 . ### in order to identify or provide solutions which address issues relating to sustainable urban development at union level , the urban innovative actions in the area of sustainable urban development should be continued and developed into a european urban initiative , to be implemented under direct or indirect management . that initiative should cover all urban areas and support the urban agenda for the european union21 . _________________ 21 council conclusions on an urban agenda for the eu of 24 june 2016 .


### a smarter europe by promoting innovative and smart economic transformation ### a competitive and a smarter europe by strengthening its economic , social and territorial cohesion and by promoting innovative and smart economic transformation


### ' a smarter europe by promoting innovative and smart economic transformation ' by : ### ' a competitive and a smarter europe by strengthening its economic , social and territorial cohesion and by promoting innovative and smart economic transformation ' by :


### developing skills for smart specialisation , industrial transition and entrepreneurship ; ### ensuring that skilled workers are available and developing skills for smart , sustainable specialisation , industrial transition and entrepreneurship and social innovation ;


### ' a greener , low - carbon europe by promoting clean and fair energy transition , green and blue investment , the circular economy , climate adaptation and risk prevention and management by : ### ‘ a greener , low - carbon europe by promoting clean and fair energy transition , green and blue investment , the circular economy , structural and climate adaptation and risk prevention and management by :


### a greener , low - carbon europe by promoting clean and fair energy transition , green and blue investment , the circular economy , climate adaptation and risk prevention and management ### a greener , zero - carbon europe by promoting clean and fair energy transition , green and blue investment , the circular economy , climate adaptation and risk prevention and management


### a greener , low - carbon europe by promoting clean and fair energy transition , green and blue investment , the circular economy , climate adaptation and risk prevention and management ### a greener , low - carbon europe by promoting clean and fair energy transition , green and blue investment , the circular economy , structural change and climate adaptation and risk prevention and management


### promoting climate change adaptation , risk prevention and disaster resilience ### promoting structural and climate change adaptation , risk prevention and disaster resilience


### promoting sustainable water management ; ### promoting sustainable water and waste management ;


### promoting the transition to a circular economy ; ### promoting the transition to a circular economy ; improving resource protection ;


### developing sustainable , climate resilient , intelligent and intermodal national , regional and local mobility , including improved access to ten - t and cross - border mobility ; ### developing sustainable , climate resilient , intelligent and intermodal national , regional and local mobility covering all regions , including disadvantaged regions , regions with small cities and rural areas , as well as improved access to ten - t and cross - border mobility ;


### ensuring equal access to health care through developing infrastructure , including primary care ; ### ensuring equal access to health care through developing health care assets , including primary care ;


### where the erdf allocation with regard to po 1 or po 2 or both of a given programme is reduced following a decommitment under article [ 99 ] of regulation 2018 / xxxx [ new cpr ] , or due to financial corrections by the commission in accordance with article [ 98 ] of that regulation , compliance with the thematic concentration requirement set out in paragraph 4 shall not be re - assessed . ### where the erdf allocation concerning po 1 or po 2 , the main policy objectives , or both of a given programme is reduced following a decommitment under article [ 99 ] of regulation 2018 / xxxx [ new cpr ] , or due to financial corrections by the commission in accordance with article [ 98 ] of that regulation , compliance with the thematic concentration requirement set out in paragraph 4 shall not be re - assessed .


### where the erdf allocation with regard to po 1 or po 2 or both of a given programme is reduced following a decommitment under article [ 99 ] of regulation 2018 / xxxx [ new cpr ] , or due to financial corrections by the commission in accordance with article [ 98 ] of that regulation , compliance with the thematic concentration requirement set out in paragraph 4 shall not be re - assessed . ### where the erdf allocation with regard to po 1 or po 2 or both of a given programme is reduced following a decommitment under article [ 99 ] of regulation 2018 / xxxx [ new cpr ] , or due to financial corrections by the commission in accordance with article [ 98 ] of that regulation , the thematic concentration requirement set out in paragraph 4 shall be accordingly re - assessed .


### in addition , productive investments in enterprises other than smes can be supported when they involve cooperation with smes in research and innovation activities supported under point of article 2 . ### in addition , productive investments that create and safeguard stable jobs through direct aid for investments in enterprises other than smes can be supported when they involve cooperation with smes .


### in addition , productive investments in enterprises other than smes can be supported when they involve cooperation with smes in research and innovation activities supported under point of article 2 . ### productive investments in enterprises other than smes can be supported in research and innovation activities supported under point of article 2 or business infrastructure that benefits smes .


### in order to contribute to the specific objective under po 1 set out in point of article 2 , the erdf shall also support training , life long learning and education activities . ### in order to contribute to the specific objective under po 1 set out in point of article 2 and the specific objective under po 4 set out in point of article 2 , the erdf shall also support training , life long learning and education activities .


### common output and result indicators , as set out in the annex i with regard to the erdf and to the cohesion fund , and , where necessary , programme - specific output and result indicators shall be used in accordance with point of the second subparagraph of article [ 12 ] , point of article [ 17 ] and point of article [ 37 ] of regulation 2018 / xxxx [ new cpr ] . ### common output and result indicators , as set out in the annex i with regard to the erdf and to the cohesion fund , and , where relevant , programme - specific output and result indicators shall be used in accordance with point of the second subparagraph of article [ 12 ] , point of article [ 17 ] and point of article [ 37 ] of regulation 2018 / xxxx [ new cpr ] .


### at least 6% of the erdf resources at national level under the investment for jobs and growth goal , other than for technical assistance , shall be allocated to sustainable urban development in the form of community - led local development , integrated territorial investments or another territorial tool under po5 . ### at least 10% of the erdf resources at national level under the investment for jobs and growth goal , other than for technical assistance , of which 8% shall be allocated to sustainable urban development in the form of community - led local development , integrated territorial investments or another territorial tool under po5 , and 2% shall be allocated to rural areas and communities taking into account provisions of a smart villages pact to develop projects such as smart villages .


### this initiative shall cover all urban areas and shall support the urban agenda of the union . ### this initiative shall cover all urban areas and shall support the partnerships and organisational costs of the urban agenda of the union .


### rco 24 - new or upgraded disaster monitoring , preparedness , warning and response systems* ### rco 24 - new or upgraded monitoring , preparedness , warning and response systems for natural disasters such as earthquakes , forest fires , floods or droughts*


### rco 28 - areas covered by protection measures against forest fires ### rco 28 - areas covered by protection measures against forest fires , earthquakes , floods or droughts


### cco 14 – road ten - t : new and upgraded roads ### cco 14 – road ten - t : new and upgraded roads and bridges


### ccr 13 - time savings due to improved road infrastructure ### ccr 13 - time savings due to improved road and bridge infrastructure


### as a result , it is also appropriate to revise the definition of dual - use items , and to introduce a definition of cyber - surveillance technology . it should also be clarified that assessment criteria for the control of exports of dual - use items include considerations regarding their possible misuse in connection with acts of terrorism or human rights violations . ### as a result , it is also appropriate to introduce a definition of cyber - surveillance items . it should also be clarified that assessment criteria for the control of exports of cyber - surveillance items include considerations regarding their intended misuse in connection with human rights violations .


### the definition of broker should be revised to avoid the circumvention of controls on the provision of brokering services by persons falling within the jurisdiction of the union . controls on the provision of brokering services should be harmonised to ensure their effective and consistent application throughout the union and should also apply in order to prevent acts of terrorism and human rights violations . ### the definition of broker should be revised to avoid the circumvention of controls on the provision of brokering services by persons falling within the jurisdiction of the union . controls on the provision of brokering services should be harmonised to ensure their effective and consistent application throughout the union and should also apply in order to prevent human rights violations .


### with the entry into force of the lisbon treaty , it has been clarified that the supply of technical assistance services involving a cross - border movement falls under union competence . it is therefore appropriate to clarify the controls applicable to technical assistance services , and to introduce a definition of those services . for reasons of effectiveness and consistency , controls on the supply of technical assistance services should be harmonised and apply also in order to prevent acts of terrorism and human rights violations . ### with the entry into force of the lisbon treaty , it has been clarified that the supply of technical assistance services involving a cross - border movement falls under union competence . it is therefore appropriate to clarify the controls applicable to technical assistance services , and to introduce a definition of those services . for reasons of effectiveness and consistency , controls on the supply of technical assistance services should be harmonised and apply also in order to prevent human rights violations .


### regulation no 428 / 2009 provides for a possibility for member states’ authorities to prohibit on a case - by - case basis the transit of non - union dual - use items , where they have reasonable grounds for suspecting from intelligence or other sources that the items are or may be intended in their entirety or in part for proliferation of weapons of mass destruction or of their means of delivery . for reasons of effectiveness and consistency , transit controls should be harmonised and apply also in order to prevent acts of terrorism and human rights violations . ### regulation no 428 / 2009 provides for a possibility for member states’ authorities to prohibit on a case - by - case basis the transit of non - union dual - use items , where they have reasonable grounds for suspecting from intelligence or other sources that the items are or may be intended in their entirety or in part for proliferation of weapons of mass destruction or of their means of delivery . for reasons of effectiveness and consistency , transit controls should be harmonised and apply also in order to prevent human rights violations .


### a standard requirement for compliance in the form of ' internal compliance programmes ' should be introduced in order to contribute to the level - playing field between exporters and to enhance the effective application of controls . for reasons of proportionality , this requirement should apply to specific control modalities in the form of global authorisations and certain general export authorisations . ### a standard requirement and definition , description and a possibility of being certified in order to obtain incentives in the authorization process from the national competent authorities , for compliance in the form of ' internal compliance programmes ' should be introduced in order to contribute to the level - playing field between exporters and to enhance the effective application of controls . for reasons of proportionality , this requirement should apply to specific control modalities in the form of global authorisations and certain general export authorisations .


### decisions to update the common list of dual - use items subject to export controls in section a of annex i should be in conformity with the obligations and commitments that member states and the union have accepted as members of the relevant international non - proliferation regimes and export control arrangements , or by ratification of relevant international treaties . decisions to update the common list of dual - use items subject to export controls in section b of annex i , such as cyber - surveillance technology , should be made in consideration of the risks that the export of such items may pose as regards the commission of serious violations of human rights or international humanitarian law or the essential security interests of the union and its member states . decisions to update the common list of dual - use items subject to export controls in section b of annex iv should be made in consideration of the public policy and public security interests of the member states under article 36 of the treaty on the functioning of the european union . decisions to update the common lists of items and destinations set out in sections a to j of annex ii should be made in consideration of the assessment criteria set out in this regulation . ### decisions to update the common list of dual - use items subject to export controls in section a of annex i should be in conformity with the obligations and commitments that member states and the union have accepted as members of the relevant international non - proliferation regimes and export control arrangements , or by ratification of relevant international treaties . decisions to update the common list of cyber - surveillance items subject to export controls in section b of annex i should be made in consideration of the risks that the export of such items may pose as regards the commission of serious and systematic violations of human rights or international humanitarian law , especially the freedom of expression , the freedom of assembly and the right to privacy in countries where internal repression and the absence of functioning rule of law mechanisms is assessed and reported on by the commission . decisions to update the common list of dual - use items subject to export controls in section b of annex iv should be made in consideration of the public policy and public security interests of the member states under article 36 of the treaty on the functioning of the european union . decisions to update the common lists of items and destinations set out in sections a to j of annex ii should be made in consideration of the assessment criteria set out in this regulation .


### ' internal compliance programme ' shall mean effective , appropriate and proportionate means and procedures , including the development , implementation , and adherence to standardised operational compliance policies , procedures , standards of conduct , and safeguards , developed by exporters to ensure compliance with the provisions and with the terms and conditions of authorisations set out in this regulation ; ### ' internal compliance programme ' shall mean effective , appropriate and proportionate means and procedures , including the development , implementation , and adherence to standardised operational compliance policies , procedures , standards of conduct , and safeguards , developed by exporters to ensure compliance with the provisions and with the terms and conditions of authorisations set out in this regulation ; the exporter shall have the possibility , on a voluntary basis , to have its icp certified for free by the commission in cooperation with the industry on the basis of an agreed ' reference icp ' , in order to obtain incentives in the authorization process from the national competent authorities ;


### if an exporter , under his obligation to exercise due diligence , is aware that dual - use items which he proposes to export , not listed in annex i , are intended , in their entirety or in part , for any of the uses referred to in paragraph 1 , he must notify the competent authority , which will decide whether or not it is expedient to make the export concerned subject to authorisation . ### if an exporter is aware that dual - use items which he proposes to export , not listed in annex i , are intended , in their entirety or in part , for any of the uses referred to in paragraph 1 , he must notify the national competent authority , which will decide whether or not it is expedient to make the export concerned subject to authorisation .


### if an exporter , under his obligation to exercise due diligence , is aware that dual - use items which he proposes to export , not listed in annex i , are intended , in their entirety or in part , for any of the uses referred to in paragraph 1 , he must notify the competent authority , which will decide whether or not it is expedient to make the export concerned subject to authorisation . ### if an exporter has sufficient and substantiated evidence that dual - use items which he proposes to export , not listed in annex i , are intended , in their entirety or in part , for any of the uses referred to in paragraph 1 , he must notify the competent authority of the member state in which he is established , which will decide whether or not it is expedient to make the export concerned subject to authorisation .


### if a broker is aware that the dual - use items for which he proposes brokering services are intended , in their entirety or in part , for any of the uses referred to in article 4 , he must notify the competent authority which will decide whether or not it is expedient to make such brokering services subject to authorisation . ### if a broker is has sufficient and substantiated evidence that the dual - use items listed in annex i for which he proposes brokering services are intended , in their entirety or in part , for any of the uses referred to in article 4 , he must notify the competent authority of the member state in which he is established which will decide whether or not it is expedient to make such brokering services subject to authorisation .


### an authorisation shall be required for the provision , directly or indirectly , of technical assistance related to dual - use items , or related to the provision , manufacture , maintenance and use of dual - use items , if the supplier of technical assistance has been informed by the competent authority that the items in question are or may be intended , in their entirety or in part , for any of the uses referred to in article 4 . ### an authorisation shall be required for the provision , outside the union , of technical assistance related to dual - use items , or related to the provision , manufacture , maintenance and use of dual - use items , if the supplier of technical assistance has been informed by the competent authority that the items in question are or may be intended , in their entirety or in part , for any of the uses referred to in article 4 to .


### if a supplier of technical assistance is aware that the dual - use items for which he proposes to supply technical assistance are intended , in their entirety or in part , for any of the uses referred to in article 4 , he must notify the competent authority which will decide whether or not it is expedient to make such technical assistance subject to authorisation . ### if a supplier of technical assistance is aware that the dual - use items for which he proposes to supply technical assistance outside the territory of the union are intended , in their entirety or in part , for any of the uses referred to in article 4 he must notify the competent authority in the member state in which he is established which will decide whether or not it is expedient to make such technical assistance subject to authorisation .


### a member state may prohibit or impose an authorisation requirement on the export of dual - use items not listed in annex i for reasons of public security or for human rights considerations . ### a member state may prohibit or impose an authorisation requirement on the export of dual - use items not listed in annex i for reasons of public security , for human rights considerations or for the prevention of acts of terrorism .


### individual export authorisations and global export authorisations shall be valid for one year , and may be renewed by the competent authority . global export authorisations for large projects shall be valid for a duration to be determined by the competent authority . ### individual export authorisations shall be valid for two years , and may be extended by the competent authority . global export authorisations shall be valid for three years , and may be extended by the competent authority . global export authorisations for large projects shall be valid for a duration to be determined by the competent authority .


### each member state shall take appropriate measures to ensure proper enforcement of all the provisions of this regulation . in particular , it shall lay down the penalties applicable to infringements of the provisions of this regulation or of those adopted for its implementation . those penalties must be effective , proportionate and dissuasive . ### each member state shall take appropriate measures to ensure proper enforcement of all the provisions of this regulation . in particular , it shall lay down the penalties applicable to infringements of the provisions of this regulation or of those adopted for its implementation . those penalties must be effective , proportionate and dissuasive . this includes regular risk - based audits of exporters .


### any exporter intending to use this authorisation shall register prior to the first use of this authorisation with the competent authority of the member state where he is resident or established . registration shall be automatic and acknowledged by the competent authority to the exporter within 10 working days of receipt . ### a member state may require exporters established in that member state to register prior to the first use of this authorisation . registration shall be automatic and acknowledged by the competent authorities to the exporter without delay and in any case within 10 working days of receipt .


### the registered exporter shall notify the first use of this authorisation to the competent authority of the member state where he is resident or established , no later than 10 days before the date of the first export . ### the registered exporter shall notify the first use of this authorisation to the competent authority of the member state where he is resident or established no later than 30 days after the date when the first export took place .


### the registered exporter shall notify the first use of this authorisation to the competent authority of the member state where he is resident or established , no later than 10 days before the date of the first export . ### the registered exporter shall notify the first use of this authorisation to the competent authority of the member state where he is established , no later than 30 days after the date when the first export took place or , alternatively , and in accordance with a requirement by the competent authority of the member state where the exporter is established , prior to the first use of this authorisation . member states shall notify the commission of the notification mechanism chosen for this authorisation . the commission shall publish the information notified to it in the c series of the official journal of the european union .


### the registered exporter who uses this authorisation shall notify the first use of this authorisation to the competent authority of the member state where he is resident or established , no later than 10 days before the date of the first export . ### the registered exporter who uses this authorisation shall notify the first use of this authorisation to the competent authority of the member state where he is resident or established no later than 30 days after the date when the first export took place or , alternatively , and in accordance with a requirement by the competent authority of the member state where the exporter is established , prior to the first use of this authorisation . member states shall notify the commission of the notification mechanism chosen for this authorisation . the commission shall publish the information notified to it in the c series of the official journal of the european union .


### the registered exporter shall notify the first use of this authorisation to the competent authority of the member state where he is resident or established , no later than 10 days before the date of the first export . ### the registered exporter shall notify the first use of this authorisation to the competent authority of the member state where he is resident or established no later than 30 days after the date when the first export took place or , alternatively , and in accordance with a requirement by the competent authority of the member state where the exporter is established , prior to the first use of this authorisation . member states shall notify the commission of the notification mechanism chosen for this authorisation . the commission shall publish the information notified to it in the c series of the official journal of the european union .


### the registered exporter shall notify the first use of this authorisation to the competent authority of the member state where he is resident or established , no later than 10 days before the date of the first export . ### the registered exporter shall notify the first use of this authorisation to the competent authority of the member state where he is resident or established , no later than 30 days after the date when the first export took place or , alternatively , and in accordance with a requirement by the competent authority of the member state where the exporter is established , prior to the first use of this authorisation . member states shall notify the commission of the notification mechanism chosen for this authorisation . the commission shall publish the information notified to it in the c series of the official journal of the european union .


### the registered exporter shall notify the competent authority of the member state where he is resident or established of the first use of this authorisation no later than 10 days before the date of the first export . ### the registered exporter shall notify the competent authority of the member state where he is resident or established of the first use of this authorisation no later than 30 days after the date when the first export took place or , alternatively , and in accordance with a requirement by the competent authority of the member state where the exporter is established , prior to the first use of this authorisation . member states shall notify the commission of the notification mechanism chosen for this authorisation . the commission shall publish the information notified to it in the c series of the official journal of the european union .


### by the exporter or by any entity owned or controlled by the exporter ; ### by any company resident or established in a member state of the union to any sister company , subsidiary or parent company provided these entities are owned or controlled by the same parent company or by each other and provided the item is for use for company cooperation projects including commercial product development , research , servicing , production and usage and , in the case of employees and order processors , pursuant to the agreement establishing the employment relationship .


### the obligations set out in this paragraph shall be without prejudice to agreements concluded with the eib group , international organisations and third countries . with regard to the management declaration , such agreements shall include at least the obligation of those entities to provide the commission annually with a statement that , during the financial year concerned , the union contribution was used and accounted for in compliance with the requirements set out in paragraphs 3 and 4 of article 149 and with the obligations laid down in such agreements . such statement may be incorporated in the final report if the action implemented is limited to 18 months . ### the obligations set out in this paragraph shall be without prejudice to agreements concluded with the eib group , member state organisations , international organisations and third countries . with regard to the management declaration , such agreements shall include at least the obligation of those entities to provide the commission annually with a statement that , during the financial year concerned , the union contribution was used and accounted for in compliance with the requirements set out in paragraphs 3 and 4 of article 149 and with the obligations laid down in such agreements . such statement may be incorporated in the final report if the action implemented is limited to 18 months .


### the first subparagraph shall not apply to public bodies and the international organisations referred to in article 151 . ### the first subparagraph shall not apply to public bodies , international organisations and member state organisations referred to in articles 151 and 151a respectively .


### the free movement of workers , freedom of establishment and freedom to provide services are fundamental principles of the internal market of the union , enshrined in the treaty on the functioning of the european union . ### the free movement of workers , freedom of establishment and freedom to provide services are fundamental principles of the internal market of the union , enshrined in the treaty on the functioning of the european union and in the charter of fundamental rights of the european union .


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


### a european labour authority should be established in order to help strengthen fairness and trust in the single market . to that effect , the authority should support the member states and the commission in strengthening access to information for individuals and employers about their rights and obligations in cross - border labour mobility situations as well as access to relevant services , support compliance and cooperation between the member states to ensure the effective application of the union law in these areas , and mediate and facilitate a solution in case of cross - border disputes or labour market disruptions . ### a european labour authority should be established in order to help strengthen fairness and trust in the single market . the principal and sole aim of the authority shall be to support the member states and the commission in strengthening access to information for individuals and employers about their rights and obligations in cross - border labour mobility situations as well as access to relevant services , support compliance and cooperation between the member states to ensure the effective application of the union law in these areas , and mediate and facilitate a solution in case of cross - border disputes or labour market disruptions .


### the authority should perform its activities in the areas of cross - border labour mobility and social security coordination , including free movement of workers , posting of workers and highly mobile services . it should also enhance cooperation between member states in tackling undeclared work . in cases where the authority , in the course of the performance of its activities , becomes aware of suspected irregularities , including in areas of union law beyond its scope , such as violations of working conditions , health and safety rules , or the employment of illegally staying third - country nationals , it should be able to report them and cooperate on these matters with the commission , competent union bodies , and national authorities where appropriate . ### to ensure the efficient functioning of the authority , it is necessary for its objective , together with its tasks and responsibilities , to be clearly defined , so as to avoid duplication of its tasks with those of existing entities and the risk of increasing red tape . the authority should perform its activities in the areas of cross - border labour mobility and social security coordination , including free movement of workers , posting of workers and highly mobile services . it should also enhance cooperation between member states in tackling undeclared work . in cases where the authority , in the course of the performance of its activities , becomes aware of suspected irregularities , including in areas of union law beyond its scope , such as violations of working conditions , health and safety rules , or the employment of illegally staying third - country nationals , it should be able to report them and cooperate on these matters with the commission , competent union bodies , and national authorities where appropriate .


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


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


### the establishment of the authority should not create new rights and obligations for individuals or employers , including economic operators or non - profit organisations , as the activities of the authority should cover them to the extent to which they are covered by the union law within the scope of this regulation . ### the establishment of the authority should not create new rights and obligations for individuals or employers , particularly smes , including economic operators or non - profit organisations , as the activities of the authority should cover them to the extent to which they are covered by the union law within the scope of this regulation .


### to ensure they can benefit from a fair and effective internal market , the authority should promote opportunities for individuals and employers to be mobile or provide services and recruit anywhere within the union . this includes supporting the cross - border mobility of individuals by facilitating access to cross - border mobility services , such as the cross - border matching of jobs , traineeships and apprenticeships and by promoting mobility schemes such as ' your first eures job ' or ' erasmuspro’ . the authority should also contribute to improving transparency of information , including on rights and obligations stemming from union law , and access to services to individuals and employers , in cooperation with other union information services , such as your europe advice , and taking full advantage and ensuring consistency with the your europe portal , which will form the backbone of the future single digital gateway53 . _________________ 53 regulation [ single digital gateway – com256 ] ### to ensure they can benefit from a fair and effective internal market , the authority should promote opportunities for individuals and employers to be mobile or provide services and recruit anywhere within the union , in particular by ensuring ways of access for people with disabilities or special needs . this includes supporting the cross - border mobility of individuals by facilitating access to cross - border mobility services , such as the cross - border matching of jobs , traineeships , internships and apprenticeships and by promoting mobility schemes such as ' your first eures job ' or ' erasmuspro’ . the authority should also contribute to improving transparency of information , including on rights and obligations stemming from union law , and access to services to individuals and employers , in cooperation with other union information services , such as your europe advice , and taking full advantage and ensuring consistency with the your europe portal , which will form the backbone of the future single digital gateway53 . _________________ 53 regulation [ single digital gateway – com256 ]


### for these purposes , the authority should cooperate with other relevant union initiatives and networks , in particular the european network of public employment services 54 , the european enterprise network55 , the border focal point56 and solvit57 , as well as with relevant national services such as the bodies to promote equal treatment and to support union workers and members of their family , designated by member states under directive 2014 / 54 / eu , and national contact points designated under directive 2011 / 24 / eu of the european parliament and of the council58 to provide information on healthcare . the authority should also explore synergies with the proposed european services e - card59 , notably with regard to those cases in which member states opt for the submission of declarations regarding posted workers through the e - card platform . the authority should replace the commission in managing the european network of employment services european coordination office established pursuant to regulation no 2016 / 589 , including the definition of user needs and business requirements for the effectiveness of the eures portal and related it services , but excluding the it provision , and the operation and development of the it infrastructure , which will continue to be ensured by the commission . _________________ 54 decision no 573 / 2014 / eu of the european parliament and of the council of 15 may 2014 on enhanced cooperation between public employment services . 55 european enterprise network , https : / / een . ec . europa . eu / 56 communication from the commission to the council and the european parliament , boosting growth and cohesion in eu border regions , com 534 . 57 commission recommendation of 17 september 2013 on the principles governing solvit . 58 directive 2011 / 24 / eu of the european parliament and of the council of 9 march 2011 on the application of patients’ rights in cross - border healthcare . 59 com 824 final and com 823 final . ### for these purposes , the agency should facilitate coordination between other relevant union initiatives and networks , in particular the european network of public employment services 54 , the european enterprise network55 , the border focal point56 and solvit57 , as well as with relevant national services such as the bodies to promote equal treatment and to support union workers and members of their family , designated by member states under directive 2014 / 54 / eu , and national contact points designated under directive 2011 / 24 / eu of the european parliament and of the council58 to provide information on healthcare . the agency should also explore synergies with the proposed european services e - card . 59the agency should replace the commission in managing the european network of employment services european coordination office established pursuant to regulation no 2016 / 589 , including the definition of user needs and business requirements for the effectiveness of the eures portal and related it services , but excluding the it provision , and the operation and development of the it infrastructure , which will continue to be ensured by the commission . _________________ 54 decision no 573 / 2014 / eu of the european parliament and of the council of 15 may 2014 on enhanced cooperation between public employment services . 55 european enterprise network , https : / / een . ec . europa . eu / 56 communication from the commission to the council and the european parliament , boosting growth and cohesion in eu border regions , com 534 . 57 commission recommendation of 17 september 2013 on the principles governing solvit . 58 directive 2011 / 24 / eu of the european parliament and of the council of 9 march 2011 on the application of patients’ rights in cross - border healthcare . 59 com 824 final and com 823 final .


### in view of the fair , simple and effective application of union law , the authority should support cooperation and timely exchange of information between member states . together with other staff , national liaison officers working within the authority should support member states’ compliance with cooperation obligations , speed up exchanges between them through procedures dedicated to reducing delays , and ensure links with other national liaison offices , bodies , and contact points established under union law . the authority should encourage the use of innovative approaches to effective and efficient cross - border cooperation , including electronic data exchange tools such as the electronic exchange of social security information system and the internal market information system , and should contribute to further digitalising procedures and improving it tools used for message exchange between national authorities . ### in view of the fair , simple and effective application of union law , the authority should support cooperation and timely exchange of information between member states . together with other staff , national liaison officers working within the authority should support member states’ compliance with cooperation obligations , speed up exchanges between them through procedures dedicated to reducing delays and excessive bureaucracy , and ensure links with other national liaison offices , bodies , and contact points established under union law . the authority should encourage in particular the use of innovative approaches to effective and efficient cross - border cooperation , including electronic data exchange tools such as the electronic exchange of social security information system and the internal market information system , and should contribute to further digitalising procedures and improving it tools used for message exchange between national authorities .


### to increase member states ' capacity to tackle irregularities with a cross - border dimension in relation to union law within its scope , the authority should support the national authorities in carrying out concerted and joint inspections , including by facilitating the implementation of the inspections in accordance with article 10 of directive 2014 / 67 / eu . these should take place at the request of member states or upon their agreement to the authority ' s suggestion . the authority should provide strategic , logistical , and technical support to member states participating in the concerted or joint inspections in full respect of confidentiality requirements . inspections should be carried out in agreement with the member states concerned and take place fully within the legal framework of national law of member states concerned , which should follow up on the outcomes of the concerted and joint inspections according to national law . ### to increase member states ' capacity to tackle irregularities with a cross - border dimension in relation to union law within its scope , the agency should support the national authorities in carrying out concerted and joint inspections , including by facilitating the implementation of the inspections in accordance with article 10 of directive 2014 / 67 / eu . these should take place at the request of a member state , member states and upon their agreement . the agency should provide strategic , logistical , and technical support if needed to member states participating in the concerted or joint inspections in full respect of confidentiality requirements . inspections should be carried out in agreement with the member state concerned and take place fully within the legal framework of national law of the member states on which territory the inspection is being carried out , which should follow up on the outcomes of the concerted and joint inspections according to that member state ' s national law .


### to increase member states ' capacity to tackle irregularities with a cross - border dimension in relation to union law within its scope , the authority should support the national authorities in carrying out concerted and joint inspections , including by facilitating the implementation of the inspections in accordance with article 10 of directive 2014 / 67 / eu . these should take place at the request of member states or upon their agreement to the authority ' s suggestion . the authority should provide strategic , logistical , and technical support to member states participating in the concerted or joint inspections in full respect of confidentiality requirements . inspections should be carried out in agreement with the member states concerned and take place fully within the legal framework of national law of member states concerned , which should follow up on the outcomes of the concerted and joint inspections according to national law . ### to increase member states ' capacity to tackle irregularities with a cross - border dimension in relation to union law within its scope , the authority should support the national authorities in carrying out concerted and joint inspections , including by facilitating the implementation of the inspections in accordance with article 10 of directive 2014 / 67 / eu . these should take place at the request of member states or upon their agreement to the authority ' s suggestion . the authority should provide strategic , logistical , and technical support to member states participating in the concerted or joint inspections in full respect of confidentiality requirements . inspections shall be carried out in agreement with the member states concerned and take place fully within the legal framework of national law of member states concerned , which should follow up on the outcomes of the concerted and joint inspections according to national law .


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


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


### to guarantee its full autonomy and independence , the authority should be granted an autonomous budget , with revenue coming from the general budget of the union , any voluntary financial contribution from the member states and any contribution from third countries participating in the work of the authority . in exceptional and duly justified cases it should also be in the position to receive delegation agreements or ad hoc grants , and to charge for publications and any service provided by the authority . ### to guarantee its full autonomy and independence , the authority shall be granted an autonomous budget , with revenue coming from the general budget of the union , together with any voluntary financial contribution from the member states and any contribution from third countries participating in the work of the authority . in exceptional and duly justified cases it should also be in the position to receive delegation agreements or ad hoc grants , and to charge for publications and any service provided by the authority .


### within the framework of their respective competences , the authority should cooperate with other agencies of the union , in particular those established in the area of employment and social policy , building on their expertise and maximising synergies : the european foundation for the improvement of living and working conditions , the european centre for the development of vocational training , the european agency for safety and health at work , and the european training foundation , as well as , as regards the fight against organised crime and trafficking in human beings , with the european union agency for law enforcement cooperation and european union agency for criminal justice cooperation . ### within the framework of their respective competences , the authority should cooperate with other agencies of the union , in particular those established in the area of employment and social policy , building on their expertise and maximising synergies : the european foundation for the improvement of living and working conditions , the european centre for the development of vocational training , the european agency for safety and health at work , and the european training foundation , as well as , as regards the fight against organised crime and trafficking in human beings , with the european union agency for law enforcement cooperation and european union agency for criminal justice cooperation . cooperation does not mean duplication of the activities of the authority and those of other union agencies .


### the authority shall assist member states and the commission in matters relating to cross - border labour mobility and the coordination of social security systems within the union . ### the agency shall assist member states and the commission in matters relating to cross - border labour mobility , cross - border provision of services and the coordination of social security systems within the union .


### the objective of the authority shall be to contribute to ensuring fair labour mobility in the internal market . to this end , the authority shall : ### the objective of the agency shall be to contribute to ensuring fair labour mobility and cross - border provision of services in the internal market . to this end , the agency shall :


### facilitate cooperation and the exchange of information between national authorities with a view to the effective enforcement of relevant union law , in accordance with article 8 ; ### encourage , facilitate and support cooperation and the exchange of information between national authorities with a view to the effective enforcement of relevant union law , in accordance with article 8 ;


### facilitate the follow - up to requests and information exchanges between national authorities by providing logistical and technical support , including translation and interpretation services , and through exchanges on the status of cases ; ### facilitate the follow - up to requests and information exchanges between national authorities by providing logistical and technical support , including translation and interpretation services , and through exchanges on the status of cases if requested by concerned member states


### at the request of one or several member states , the authority shall coordinate concerted or joint inspections in the areas under the scope of the authority ' s competences . the request may be submitted by one or several member states . the authority may also suggest to the authorities of the member states concerned that they perform a concerted or joint inspection . ### at the request of one or several member states , the agency shall coordinate concerted or joint inspections in the areas under the scope of the agency ' s competences . the request may be submitted by one or several member states . the agency may also suggest to the authorities of the member states concerned that they perform a concerted or joint inspection . member states take part in the concerned or joint inspection only after their agreement


### where the authority of a member state decides not to participate in or carry out the concerted or joint inspection referred to paragraph 1 , it shall inform the authority in writing of the reasons for its decision duly in advance . in such cases , the authority shall inform the other national authorities concerned . ### a member state may decide not to take part in a concerned or joint inspection . where the authority of a member state decides not to participate in or carry out the concerted or joint inspection referred to in paragraph 1 , it shall inform the agency in writing of the reasons for its decision before the beginning of the planned inspection . in such cases , the agency shall inform the other national authorities concerned .


### the authority shall provide logistical and technical support , which may include translation and interpretation services , to member states carrying out concerted or joint inspections . ### the agency shall provide logistical and technical support if requested by the member states concerned , which may include translation and interpretation services , to member states carrying out concerted or joint inspections .


### in the event that the authority , in the course of concerted or joint inspections , or in the course of any of its activities , becomes aware of suspected irregularities in the application of union law , including beyond the scope of its competences , it shall report those suspected irregularities to the commission and authorities in the member state concerned , where appropriate . ### in the event that the authority , in the course of concerted or joint inspections , or in the course of any of its activities , becomes aware of suspected irregularities in the application of union law , it shall report those suspected irregularities to the commission and authorities in the member state concerned , where appropriate .


### examine any questions , difficulties and specific issues which might arise concerning the implementation and practical application of union law within the scope of the authority ' s competences , as well as its enforcement in practice ; ### examine any questions , difficulties and specific issues which might arise concerning the direct implementation and practical application of union law on national law within the scope of the authority ' s competences , as well as its enforcement in practice ;


### the authority shall regularly report its findings to the commission , as well as directly to the member states concerned , outlining possible measures to address identified weaknesses . ### the authority shall quarterly report its findings to the commission , as well as directly to the member states concerned , outlining possible measures to address identified weaknesses and strengths .


### in the event of disputes between member states regarding the application or interpretation of union law in areas covered by this regulation , the authority may perform a mediation role . ### in the event of disputes between member states regarding the application or interpretation of union law in areas covered by this regulation , the authority may perform a mediation role , without prejudice to the procedures envisaged by the decision no a1 of 12 june 2009 concerning the establishment of a dialogue and conciliation procedure concerning the validity of documents , the determination of the applicable legislation and the provision of benefits under regulation no 883 / 2004 of the european parliament and the council .


### upon request of one of the member states concerned by a dispute , the authority shall launch a mediation procedure before its mediation board set up for this purpose in accordance with article 17 . the authority may also launch a mediation procedure on its own initiative before the mediation board , including on the basis of a referral from solvit , subject to the agreement of all member states concerned by that dispute . ### upon request of one of the member states concerned by a dispute , the agency shall launch a mediation procedure before its mediation board set up for this purpose in accordance with article 17 . the agency may also launch a mediation procedure on its own initiative before the mediation board , including on the basis of a referral from solvit , subject to the agreement of all member states concerned by that dispute . member states concerned take actively part in the mentioned procedure and make at disposal any relevant and / or requested information . the parties being subject of the mediation such as employers , employees , self - employed persons shall also be consulted and involved .


### when presenting a case for mediation by the authority , member states shall ensure that all personal data related to that case is anonymised and the authority shall not process the personal data of individuals concerned by the case at any point in the course of the mediation procedure . ### for the purposes of the mediation procedure , the member states concerned shall make available all requested and relevant information . when presenting a case for mediation by the authority , member states shall ensure that all personal data related to that case is anonymised and the authority shall not process the personal data of individuals concerned by the case at any point in the course of the mediation procedure .


### at the request of the national authorities , the authority may facilitate cooperation between relevant stakeholders in order to address labour market disruptions affecting more than one member state , such as large - scale restructuring events or major projects impacting employment in border regions . ### at the request of the national authorities , the authority shall facilitate cooperation between relevant stakeholders in order to address labour market disruptions affecting more than one member state , such as large - scale restructuring events or major projects impacting employment in border regions .


### the term of office for members and their alternates shall be four years . that term shall be extendable . ### the term of office for members and their alternates shall be five years . that term shall be extendable . members may be allowed office for two terms provided that such members are not holding the same designation .


### the management board shall elect a chairperson and a deputy chairperson from among the members with voting rights , and shall strive for gender balance . ### the management board shall elect a chairperson and a deputy chairperson from among the members with voting rights , and shall strive for gender and geographical balance . the chairperson and the deputy chairperson shall be elected by a majority of two - thirds of the members of the management board with voting rights .


### the executive director shall decide whether it is necessary to locate one or more staff in one or more member states . before deciding to establish a local office , the executive director shall obtain the prior consent of the commission , the management board and the member state concerned . the decision shall specify the scope of the activities to be carried out at the local office in a manner that avoids unnecessary costs and the duplication of administrative functions of the authority . a headquarters agreement with the member state concerned may be required . ### the executive director shall decide whether it is necessary to locate one or more staff in one or more member states , either on a temporary or permanent basis . before deciding to establish a local office , the executive director shall obtain the prior consent of the commission , the management board and the member state concerned . the decision shall specify the primary scope of the activities to be carried out at the local office in a manner that avoids unnecessary costs and the duplication of administrative functions of the authority . a headquarters agreement with the member state concerned shall be required .


### the stakeholder group shall be chaired by the executive director and shall meet at least twice a year on the initiative of the executive director or at the request of the commission . ### the stakeholder group shall be chaired by the executive director and shall meet at least quarterly on the initiative of the executive director or at the request of the commission , or the european parliament or in cases of special urgency at the request of a member state .


### since the internal market comprises an area without internal frontiers relying , inter alia , on the free movement of services and persons , it is necessary to provide that consumers can use online content services which offer access to content such as music , games , films or sporting events not only in their member state of residence but also when they are temporarily present in other member states of the union . therefore , barriers that hamper access and use of such online content services cross border should be eliminated . ### since the internal market comprises an area without internal frontiers relying , inter alia , on the free movement of services and persons , it is necessary to provide that consumers can use online content services which legally offer access to content such as music , games , films or sporting events not only in their member state of residence but also when they are temporarily present in other member states of the union . therefore , barriers that hamper temporary access and use of such online content services cross border should be eliminated .


### there are a number of barriers which hinder the provision of these services to consumers temporarily present in another member state . certain online services include content such as music , games or films which are protected by copyright and / or related rights under union law . in particular , the obstacles to cross - border portability of online content services stem from the fact that the rights for the transmission of content protected by copyright and / or related rights such as audiovisual works are often licensed on a territorial basis as well as from the fact that online service providers may choose to serve specific markets only . ### there are a number of barriers which hinder the provision of these services to consumers temporarily present in another member state . certain online services include content such as music , games or films which are protected by copyright and / or related rights under union law . in particular , the obstacles to cross - border portability of online content services stem from the fact that the rights for the transmission of content protected by copyright and / or related rights such as audiovisual works are often licensed on a territorial basis as well as from the fact that online service providers may choose to serve specific markets only . these practices play a strong role in the financing of european cultural content and respond to the needs of european markets . while such practices should not hamper the legitimate access to and use of online content services by consumers when they are temporarily present in another member state , the territorial licencing system remains vital for the continuation of a strong european cultural diversity .


### as the regulation will therefore apply to some contracts and rights acquired before the date of its application , it is also appropriate to provide for a reasonable period between the date of entry into force of this regulation and the date of its application allowing right holders and service providers to make the arrangements necessary to adapt to the new situation , as well as allowing service providers to amend the terms of use of their services . ### as the regulation will therefore apply to some contracts and rights acquired before the date of its application , it is also appropriate to provide for a reasonable period between the date of entry into force of this regulation and the date of its application allowing right holders and service providers to make the arrangements necessary to adapt to the new situation , as well as allowing service providers to amend the terms of use of their services . changes to the terms of use of online content services offered in packages combining an electronic communications service and an online content service made strictly in order to comply with this regulation should not trigger any right for subscribers under national laws transposing the regulatory framework for electronic communications networks and services to withdraw from contracts for the provision of such electronic communications services .


### in order to achieve the objective of ensuring cross - border portability of online content services in the union , it is appropriate to adopt a regulation , which directly applies in member states . this is necessary in order to guarantee a uniform application of the cross - border portability rules across member states and their entering into force at the same time with regard to all online content services . only a regulation ensures the degree of legal certainty which is necessary in order to enable consumers to fully benefit from cross - border portability across the union . ### in order to achieve the objective of ensuring cross - border portability of online content services in the union , it is appropriate to adopt a regulation , which directly applies in member states . this is necessary in order to guarantee a uniform application of the cross - border portability rules across member states and their entering into force at the same time with regard to all online content services . only a regulation ensures the degree of legal certainty which is necessary in order to enable consumers to fully benefit from cross - border portability across the union ; the choice of this kind of legal act reflects the special objectives of the cross - border portability rules and the unique circumstances underlying them , and thus it should by no means be regarded as setting a precedent for any later legal act of the union in the field of copyright .


### having regard to article 50 of the treaty on european union , the european medicines agency should take its new seat as from the date on which the treaties cease to apply to the united kingdom or from 30 march 2019 , whichever is the earlier . ### having regard to article 50 of the treaty on european union , the european medicines agency should take its new seat from 30 march 2019 .


### in the exercise of its tasks , eurojust may ask the competent authorities of the member states concerned , giving its reasons , to : ### in the exercise of its tasks , eurojust might ask the competent authorities of the member states concerned , giving its reasons , to :


### eurojust may also : ### eurojust might also :


### the college shall be composed of : ### the college shall be composed of all the national members and two representatives of the commission when administrative issues are discussed or adopted .


### the college shall adopt , in accordance with article 110 of the staff regulations , a decision based on article 2 of the staff regulations and on article 6 of the conditions of employment of other servants delegating the relevant appointing authority powers to the administrative director and defining the conditions under which this delegation of powers can be suspended . the administrative director shall be authorised to sub - delegate these powers . ### the college shall adopt , in accordance with article 110 of the staff regulations , a decision based on article 2 of the staff regulations and on article 6 of the conditions of employment of other servants delegating the relevant appointing authority powers to the administrative director and defining the conditions under which this delegation of powers can be suspended . the administrative director shall be authorised to sub - delegate these powers . the administrative director shall report at the next meeting of the college on the delegation or sub - delegation of these powers .


### where exceptional circumstances so require , the college may temporarily decide to suspend the delegation of the appointing authority powers to the administrative director and those sub - delegated by the latter and exercise them itself or delegate them to one of its members or to a staff member other than the administrative director . ### where exceptional circumstances so require , the college may , by motivated decision , temporarily decide to suspend the delegation of the appointing authority powers to the administrative director and those sub - delegated by the latter and exercise them itself or delegate them to one of its members or to a staff member of the european union agency for criminal justice cooperation other than the administrative director . the college shall inform in writing the commission and the european parliament on such decisions of suspension within five working days , provide detailed reasons and specify the implementing rules of new or temporary provisions with regard to the management of the agency .


### the administrative director shall be appointed by the college from a list of candidates proposed by the commission , following an open and transparent selection procedure . for the purpose of concluding the contract of the administrative director , eurojust shall be represented by the president of the college . ### the administrative director shall be appointed by the college on the grounds of merit and documented administrative and managerial skills , as well as relevant competence and experience , from a list of candidates proposed by the commission , following an open and transparent competition , following the publication of a call for expressions of interest in the official journal of the european union and elsewhere . the college shall decide in accordance with the opinion of the european parliament based on the joint recommendation of the committee on civil liberties , justice and home affairs and the committee on budgetary control .


### the administrative director shall be accountable to the college and the executive board . ### the administrative director shall be accountable to the college .


### the administrative director may be removed from the office only upon a decision of the college acting on a proposal from the commission . ### the administrative director may be removed from the office only upon a decision of the college on the basis of a two - thirds majority of its members acting on a proposal of the commission .


### preparing an action plan following - up on the conclusions of the internal or external audit reports , evaluations and investigations , including those of the european data protection supervisor and olaf and reporting on progress twice a year to the executive board , the commission and the european data protection supervisor ; ### preparing an action plan following - up on the conclusions of the internal or external audit reports , evaluations and investigations , including those of the european data protection supervisor and olaf and reporting on progress twice a year to the executive board , the commission , the european parliament and the european data protection supervisor ;


### eurojust shall support the functioning of the european public prosecutor’s office through services to be supplied by its staff . such support shall in any case include : ### the european public prosecutor’s office may rely on the support and resources of the administration of eurojust . to this end , eurojust may provide services of common interest to the european public prosecutor’s office . the details of the services to be provided shall be laid down in an agreement between eurojust and the european public prosecutor’s office .


### eurojust may establish working arrangements with the entities referred to in article 38 . ### eurojust may establish memoranda of understanding with the entities referred to in article 38 .


### the college shall adopt a decision laying down rules on the secondment to eurojust of national experts . ### the college shall adopt a decision laying down rules on the secondment to eurojust of national experts and on the use of other staff , notably to avoid potential conflicts of interest .


### in addition to the other obligations of information and consultation set out in this regulation , eurojust shall transmit to the european parliament for information : ### in addition to the other obligations of information and consultation set out in this regulation , eurojust shall transmit to the european parliament and to national parliaments in the respective official languages for information :


### the european court of auditors shall have the power of audit , on the basis of documents and on the spot , over all grant beneficiaries , contractors and subcontractors who have received union funds from eurojust . ### the european court of auditors shall regularly carry out audits on the compliance and on the performance of eurojust’s activities , on the basis of documents or on - the - spot checks , over all grant beneficiaries , contractors and subcontractors who have received union funds from eurojust .