### the commission shall assess the information provided on the fulfilment of ex ante conditionalities in the framework of its assessment of the partnership contract and programmes . it may decide , when adopting a programme , to suspend all or part of interim payments to the programme pending the satisfactory completion of actions to fulfil an ex ante conditionality . the failure to complete actions to fulfil an ex ante conditionality by the deadline set out in the programme shall constitute a basis for suspending payments by the commission . ### the commission shall assess the information provided on the fulfilment of ex ante conditionalities in the framework of its assessment of the partnership contract and programmes . it may decide , when adopting a programme , to suspend all or part of interim payments to the programme pending the satisfactory completion of actions to fulfil an ex ante conditionality . the failure to complete actions to fulfil an ex ante conditionality by the deadline set out in the programme shall constitute a basis for suspending payments by the commission . regarding member states in danger of or affected by financial difficulties , article 22 shall apply .


### the commission shall assess the consistency of programmes with this regulation , the fund - specific rules , their effective contribution to the thematic objectives and the union priorities specific to each csf fund , the common strategic framework , the partnership contract , the country - specific recommendations under article 121 of the treaty and the council recommendations adopted under 148 of the treaty , taking account of the ex ante evaluation . the assessment shall address , in particular , the adequacy of the programme strategy , the corresponding objectives , indicators , targets and the allocation of budgetary resources . ### the commission shall assess the consistency of programmes with this regulation , the fund - specific rules , their effective contribution to the thematic objectives and the union priorities specific to each csf fund , the common strategic framework , the partnership contract , the relevant country - specific recommendations under article 121 of the treaty and the council recommendations adopted under 148 of the treaty based on national reform programmes , taking account of the ex ante evaluation . the assessment shall address , in particular , the adequacy of the programme strategy , the corresponding objectives , indicators , targets and the allocation of budgetary resources .


### the consistency of the selected thematic objectives , the priorities and corresponding objectives of the programmes with the common strategic framework , the partnership contract and the country - specific recommendations under article 121 of the treaty and the council recommendations adopted under article 148 of the treaty ; ### the consistency of the selected thematic objectives , the priorities and corresponding objectives of the programmes with the common strategic framework , the partnership contract and the relevant country - specific recommendations under article 121 of the treaty and the council recommendations adopted under article 148 of the treaty based on national reform programmes ;


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


### all regions whose gdp per capita for the 2007 - 2013 period was less than 75% of the average of the eu - 25 for the reference period but whose gdp per capita is above 75% of the gdp average of the eu - 27 shall receive an allocation under the structural funds equal to at least two thirds of their 2007 - 2013 allocation . ### all regions which were supported under the convergence objective in the 2007 - 2013 period and whose gdp per capita is above 75% of the gdp average of the eu - 27 shall receive an allocation under the structural funds equal to at least two thirds of their 2007 - 2013 allocation .


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


### at least 25 % of the structural funds resources for less developed regions , 40% for transition regions and 52% for more developed regions in each member state shall be allocated to the esf . for the purposes of this provision , the support to a member state through the [ food for deprived people instrument ] shall be considered as part of the share of structural funds allocated to the esf . ### at least 25 % of the structural funds resources in each member state shall be allocated to the esf for the purposes of this provision , the support to a member state through the [ food for deprived people instrument ] shall be considered as part of the share of structural funds allocated to the esf .


### at least 25 % of the structural funds resources for less developed regions , 40% for transition regions and 52% for more developed regions in each member state shall be allocated to the esf . for the purposes of this provision , the support to a member state through the [ food for deprived people instrument ] shall be considered as part of the share of structural funds allocated to the esf . ### at least 15% of the structural funds resources for less developed regions and 25% for more developed regions in each member state shall be allocated to the esf . for the purposes of this provision , the support to a member state through the [ food for deprived people instrument ] shall be considered as part of the share of structural funds allocated to the esf .


### resources for the european territorial cooperation goal shall amount to 3 . 48 % of the global resources available for budgetary commitment from the funds for the period 2014 to 2020 . ### resources for the european territorial cooperation goal shall amount to 7 % of the global resources available for budgetary commitment from the funds for the period 2014 to 2020 .


### the total appropriations allocated to each member state in respect of less developed regions , transition regions and more developed regions shall not be transferable between each of those categories of regions . ### the total appropriations allocated to each member state in respect of less developed regions and more developed regions shall not be transferable between each of those categories of regions .


### the total appropriations allocated to each member state in respect of less developed regions , transition regions and more developed regions shall not be transferable between each of those categories of regions . ### the total appropriations allocated to each member state in respect of less developed regions , transition regions and more developed regions shall not , as a general rule , be transferable between each of those categories of regions .


### by way of derogation from paragraph 1 , the commission may accept , in duly justified circumstances which are linked to the implementation of one or more thematic objectives , a proposal by a member state in its first submission of the partnership contract to transfer up to 2% of the total appropriation for a category of regions to other categories of regions . ### by way of derogation from paragraph 1 , the commission may accept , in duly justified circumstances which are linked to the implementation of one or more thematic objectives , a proposal by a member state in its first submission of the partnership contract to transfer up to 30% of the total appropriation for a category of regions to other categories of regions .


### an identification of needs addressing the challenges identified in the country - specific recommendations under article 121 and the council recommendations adopted under article 148 of the treaty , and taking into account the integrated guidelines and national and regional specificities ; ### an identification of needs addressing the challenges identified in the relevant country - specific recommendations under article 121 and the council recommendations adopted under article 148 of the treaty based on national reform programmes , and taking into account the integrated guidelines and national and regional specificities ;


### the mechanisms that ensure coordination between the funds , the eafrd , the emff and other union and national funding instruments , and with the eib ; ### the mechanisms that ensure coordination between the funds , the eafrd , the emff , the connecting europe facility and other union and national funding instruments , and with the eib ;


### the erdf and the esf may finance , in a complementary manner and subject to a limit of 5 % of union funding for each priority axis of an operational programme , a part of an operation for which the costs are eligible for support from the other fund on the basis of eligibility rules applied to that fund , provided that they are necessary for the satisfactory implementation of the operation and are directly linked to it . ### the erdf and the esf may finance , subject to a limit of 20 % of union funding for each priority axis of an operational programme , a part of an operation for which the costs are eligible for support from the other fund on the basis of eligibility rules applied to that fund , provided that they are necessary for the satisfactory implementation of the operation and are directly linked to it .


### where an urban development strategy or other territorial strategy or pact as defined in article 12 of regulation&#8230 ; [ esf ] requires an integrated approach involving investments under more than one priority axis of one or more operational programmes , the action shall be carried out as an integrated territorial investment . ### where an urban development strategy , an infrastructure development strategy or another territorial strategy or pact as defined in article 12 of regulation&#8230 ; [ esf ] requires an integrated approach involving investments under more than one priority axis of one or more operational programmes , the action shall be carried out as an integrated territorial investment .


### the co - financing rate at the level of each priority axis of operational programmes under the european territorial cooperation goal shall be no higher than 75% . ### the co - financing rate at the level of each priority axis of operational programmes under the european territorial cooperation goal shall be no higher than 85% .


### sparsely and very sparsely populated areas . ### sparsely and very sparsely populated areas with a sustained negative migration balance .


### an authorised csd may only have a participation in a legal person whose activities are limited to the provision of services set out in sections a and b of the annex . ### an authorised csd may have a participation in any legal person irrespective of the industry . such participation shall be subject to approval by the competent authority .


### a csd shall account separately for costs and revenues of the services provided and shall disclose that information to the competent authority . ### a csd shall account separately for costs and revenues of the core and ancillary services provided , as they are defined in section a and section b of the annex , and shall disclose that information to the competent authority .


### any question with respect to proprietary aspects in relation to financial instruments held by a csd shall be governed by the law of the country where the account is maintained . ### any question with respect to proprietary aspects in relation to financial instruments held by a csd shall be governed by the law of the country where the account is maintained , except if the financial instrument is issued in another country , in which case the applicable law is the law of that country .


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


### therefore , the constituent factual elements characterising the temporary nature inherent to the notion of posting , which implies that the employer should be genuinely established in the member state from which the posting takes place , as well as the relationship between directive 96 / 71 / ec and regulation no 593 / 2008 on the law applicable to contractual obligations need to be further clarified . ### therefore , the constituent factual elements characterising the temporary nature inherent to the notion of posting , which implies that the employer should be genuinely established in the member state from which the posting takes place , as well as the relationship between directive 96 / 71 / ec and regulation no 593 / 2008 on the law applicable to contractual obligations need to be further clarified , so that a broad application of the directive is ensured .


### adequate and effective implementation and enforcement are key elements in protecting the rights of posted workers , whereas poor enforcement undermines the effectiveness of the union rules applicable in this area . close cooperation between the commission and the member states is therefore essential , without neglecting the important role of labour inspectorates and the social partners in this respect . ### adequate and effective implementation and enforcement are key elements in protecting the rights of posted workers and ensuring the right of undertakings to provide services in another member state , whereas poor enforcement undermines the effectiveness of the union rules applicable in this area . close cooperation between the commission and the member states is therefore essential , without neglecting the important role of labour inspectorates and the social partners in this respect .


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


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


### to ensure better and more uniform application of directive 96 / 71 / ec as well as its enforcement in practice , and to reduce , as far as possible , differences in the level of application and enforcement across the union , member states should ensure that effective and adequate inspections are carried out on their territory . ### to ensure better and more uniform application of directive 96 / 71 / ec as well as its enforcement in practice , and to reduce , as far as possible , differences in the level of application and enforcement across the union , member states should ensure that effective , adequate , proportionate and non - discriminatory inspections are carried out on their territory and that inspected undertakings are provided with information in writing on the result of the inspection .


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


### to facilitate the enforcement of directive 96 / 71 / ec and ensure more effective application of it , effective complaint mechanisms should exist through which posted workers may lodge complaints or engage in proceedings either directly or through relevant designated third parties , such as trade unions or other associations as well as common institutions of social partners . this should be without prejudice to national rules of procedure concerning representation and defence before the courts . ### to facilitate the enforcement of directive 96 / 71 / ec and ensure more effective application of it , effective complaint mechanisms should exist through which posted workers may lodge complaints or engage in proceedings either directly or , with their approval , through relevant designated third parties , such as trade unions or other associations as well as common institutions of social partners . this should be without prejudice to national rules of procedure concerning representation and defence before the courts .


### the disparities between the systems of the member states for enforcing imposed administrative fines and / or penalties in cross - border situations are prejudicial to the proper functioning of the internal market and risk making it very difficult , if not impossible , to ensure that posted workers enjoy an equivalent level of protection throughout the union . ### the disparities between the systems of the member states for enforcing imposed administrative fines and / or penalties in regard to posting of workers situations in accordance with this directive and directive 96 / 71 , in cross - border situations are prejudicial to the proper functioning of the internal market and risk making it very difficult , if not impossible , to ensure that posted workers enjoy an equivalent level of protection throughout the union .


### effective enforcement of the substantive rules governing the posting of workers for the provision of services should be ensured by specific action focusing on the cross - border enforcement of imposed administrative fines and penalties . approximation of the legislation of the member states in this field is therefore an essential prerequisite in order to ensure a higher , more equivalent and comparable level of protection necessary for the proper functioning of the internal market . ### effective enforcement of the substantive rules governing the posting of workers for the provision of services should be ensured by specific action focusing on the cross - border enforcement of imposed administrative fines and penalties in regard to posting of workers situations in accordance with this directive and directive 96 / 71 . approximation of the legislation of the member states in this field is therefore an essential prerequisite in order to ensure a higher , more equivalent and comparable level of protection necessary for the proper functioning of the internal market .


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


### notwithstanding the establishment of more uniform rules with respect to the cross - border enforcement of penalties and fines and the need for more common criteria for follow - up procedures in the event of the non - payment of these they should not affect the member states ' competences to determine their system of penalties , sanctions and fines or the recovery measures available under their internal legislation . ### notwithstanding the establishment of more uniform rules with respect to the cross - border enforcement of penalties and fines in regard to posting of workers situations in accordance with this directive and directive 96 / 71 and the need for more common criteria for follow - up procedures in the event of the non - payment of these they should not affect the member states ' competences to determine their system of penalties , sanctions and fines or the recovery measures available under their internal legislation .


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


### such elements may include : ### such elements include :


### where , in accordance with national law , traditions and practices , the terms and conditions of employment referred to in article 3 of directive 96 / 71 / ec are laid down in collective agreements in accordance with article 3 paragraph 1 and 8 of that directive , member states should ensure that the social partners shall identify these and make the relevant information , in particular concerning the different minimum rates of pay and their constituent elements , the method used to calculate the remuneration due and the qualifying criteria for classification in the different wage categories , , available in an accessible and transparent way for service providers from other member states and posted workers . ### where , in accordance with national law , traditions and practices , the terms and conditions of employment referred to in article 3 of directive 96 / 71 / ec are laid down in collective agreements in accordance with article 3 paragraph 1 and 8 of that directive , member states shall ensure that the social partners identify these and make the relevant information , in particular concerning the different minimum rates of pay and their constituent elements , the method used to calculate the remuneration due and the qualifying criteria for classification in the different wage categories , available to national competent authorities , who shall make them available in an accessible and transparent way for service providers from other member states and posted workers .


### where , in accordance with national law , traditions and practices , the terms and conditions of employment referred to in article 3 of directive 96 / 71 / ec are laid down in collective agreements in accordance with article 3 paragraph 1 and 8 of that directive , member states should ensure that the social partners shall identify these and make the relevant information , in particular concerning the different minimum rates of pay and their constituent elements , the method used to calculate the remuneration due and the qualifying criteria for classification in the different wage categories , , available in an accessible and transparent way for service providers from other member states and posted workers . ### where , in accordance with national law , traditions and practices , the terms and conditions of employment referred to in article 3 of directive 96 / 71 / ec are laid down in collective agreements in accordance with article 3 paragraph 1 and 8 of that directive , member states ensure that the social partners shall identify these and make the relevant information , in particular concerning the different minimum rates of pay and their constituent elements , the method used to calculate the remuneration due and the qualifying criteria for classification in the different wage categories , available in an accessible and transparent way for member states who then make it available to service providers from other member states and posted workers .


### member states shall supply the information requested by other member states or the commission by electronic means as soon as possible and at the latest within 2 weeks from the reception of a request . ### member states shall supply the information requested by other member states or the commission by electronic means as soon as possible and at the latest within 30 days from the reception of a request .


### member states shall supply the information requested by other member states or the commission by electronic means as soon as possible and at the latest within 2 weeks from the reception of a request . ### member states shall supply the information requested by other member states or the commission by electronic means as soon as possible and at the latest within 2 weeks from the reception of a request or within one month if the answer requires an inspection on the spot .


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


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


### without prejudice to the means which are or may be provided for in union legislation , the principles of mutual assistance and recognition as well as the measures and procedures provided for in this article shall apply to the cross - border enforcement of administrative fines and penalties imposed for failure to comply with the applicable rules in a member state on a service provider established in another member state . ### without prejudice to the means which are or may be provided for in union legislation , the principles of mutual assistance and recognition as well as the measures and procedures provided for in this article shall apply to the cross - border enforcement of administrative fines and penalties regarding posting of workers situations in accordance with this directive and directive 96 / 71 , imposed for failure to comply with the applicable rules in a member state on a service provider established in another member state .


### the requested authority may recover amounts from the natural or legal person concerned and retain any costs which it incurs in connection with recovery , in accordance with the laws , regulations and administrative procedures or practices of the requested member state which apply to similar claims . ### the requested authority may recover amounts from the natural or legal person concerned and retain any costs which it incurs in connection with recovery , in accordance with the laws , regulations and administrative procedures or practices of the requested member state which apply to similar claims . if the requested authority retains any costs incurred in connection with recovery , it shall inform the requesting authority and provide a justification of those costs .


### one of the objectives of the new cap is the enhancement of environmental performance through a mandatory ' greening ' component of direct payments which will support agricultural practices beneficial for the climate and the environment applicable throughout the union . for that purpose , member states should use part of their national ceilings for direct payments to grant an annual payment , on top of the basic payment , for compulsory practices to be followed by farmers addressing , as a priority , both climate and environment policy goals . those practises should take the form of simple , generalised , non - contractual and annual actions that go beyond cross - compliance and are linked to agriculture such as crop diversification , maintenance of permanent grassland and ecological focus areas . the compulsory nature of those practises should also concern farmers whose holdings are fully or partly situated in ' natura 2000 ' areas covered by council directive 92 / 43 / eec of 21 may 1992 on the conservation of natural habitats and of wild fauna and flora and by directive 2009 / 147 / ec of the european parliament and of the council of 30 november 2009 on the conservation of wild birds , as long as these practises are compatible with the objectives of those directives . farmers who fulfil the conditions laid down in council regulation no 834 / 2007 of 28 june 2007 on organic production and labelling of organic products and repealing regulation no 2092 / 91 should benefit from the ' greening ' component without fulfilling any further obligation , given the recognised environmental benefits of the organic farming systems . non - respect of the ' greening ' component should lead to penalties on the basis of article 65 of regulation no [ … ] [ hzr ] . ### one of the objectives of the new cap is the enhancement of environmental performance through a mandatory ' greening ' component of direct payments which will support agricultural practices beneficial for the climate and the environment applicable throughout the union . for that purpose , member states should use part of their national ceilings for direct payments to grant an annual payment , on top of the basic payment , for compulsory practices to be followed by farmers addressing , as a priority , both climate and environment policy goals . those practises should take the form of simple , generalised , non - contractual and annual actions that go beyond cross - compliance and are linked to agriculture such as crop diversification , maintenance of permanent grassland and ecological focus areas , including the growing of leguminous crops which are beneficial to the climate and the environment . the compulsory nature of those practises should also concern farmers whose holdings are fully or partly situated in ' natura 2000 ' areas covered by council directive 92 / 43 / eec of 21 may 1992 on the conservation of natural habitats and of wild fauna and flora and by directive 2009 / 147 / ec of the european parliament and of the council of 30 november 2009 on the conservation of wild birds , as long as these practises are compatible with the objectives of those directives . farmers who fulfil the conditions laid down in council regulation no 834 / 2007 of 28 june 2007 on organic production and labelling of organic products and repealing regulation no 2092 / 91 should benefit from the ' greening ' component without fulfilling any further obligation , given the recognised environmental benefits of the organic farming systems . non - respect of the ' greening ' component should lead to penalties on the basis of article 65 of regulation no [ … ] [ hzr ] .


### farmers shall ensure that at least 7 % of their eligible hectares as defined in article 25 , excluding areas under permanent grassland , is ecological focus area such as land left fallow , terraces , landscape features , buffer strips and afforested areas as referred to in article 25 . ### farmers shall ensure that at least 7 % of their eligible hectares as defined in article 25 , excluding areas under permanent grassland , is ecological focus area such as land left fallow , areas without nitrogen use , terraces , landscape features , buffer strips and afforested areas as referred to in article 25 .


### this financing instrument contributes to achieving the objectives of the union’s external action , including those of the european development policy . ### this financing instrument contributes to achieving the objectives of the union’s external action , including those of the european development policy , based on the european consensus on development1 , policy coherence for development and a human rights based approach to development . _______________ 1 oj c 46 , 24 . 2 . 2006 , p . 1 .


### democracy and human rights are inextricably linked , as recalled in the council conclusions of 18 november 2009 , on democracy support in the eu’s external relations . the fundamental freedoms of expression and association are the preconditions for political pluralism and democratic processes , whereas democratic control and separation of powers are essential to sustain an independent judiciary and the rule of law which in turn are required for effective protection of human rights . ### democracy and human rights are inextricably linked , as recalled in the council conclusions of 18 november 2009 , on democracy support in the eu’s external relations . the fundamental freedoms of thought , conscience and religion , expression and information , art and science , assembly and association , profession and trade are the preconditions for political pluralism , democratic process and an open society , whereas democratic control and separation of powers are essential to sustain an independent judiciary and the rule of law which in turn are required for effective protection of human rights .


### democracy and human rights are inextricably linked , as recalled in the council conclusions of 18 november 2009 , on democracy support in the eu’s external relations . the fundamental freedoms of expression and association are the preconditions for political pluralism and democratic processes , whereas democratic control and separation of powers are essential to sustain an independent judiciary and the rule of law which in turn are required for effective protection of human rights . ### democracy , democratic governance , development and respect for all human rights are interdependent and mutually reinforcing , as recalled in the council conclusions of 18 november 2009 , on democracy support in the eu’s external relations . the fundamental freedoms of expression and association are the preconditions for political pluralism and democratic processes , whereas democratic control and separation of powers are essential to sustain an independent judiciary and legislature and the rule of law which in turn are required for effective protection of human rights .


### the task of building and sustaining a culture of human rights and making democracy work for citizens , though especially urgent and difficult in emerging democracies , is essentially a continuous challenge , belonging first and foremost to the people of the country concerned but without diminishing the commitment of the international community . it also requires a range of institutions , in particular national democratic parliaments that should ensure participation , representation , responsiveness and accountability . ### the task of building and sustaining a culture of human rights and good financial , social , administrative and fiscal governance principles , and making democracy work for citizens , though especially urgent and difficult in emerging democracies , is essentially a continuous challenge , belonging first and foremost to the people of the country concerned but without diminishing the commitment of the international community to promoting the right to a process of development in which all human rights and fundamental freedoms can be fully realised . it also requires a range of institutions , in particular national democratic parliaments that should ensure participation , representation , responsiveness and accountability .


### under this regulation , the union will provide assistance to address global , regional , national and local human rights and democratisation issues in partnership with civil society understood to span all types of social action by individuals or groups that are independent from the state and active in the field of human rights and democracy support . ### under this regulation , the union will provide assistance to address global , regional , national and local challenges with a view to promoting democracy , democratic governance , development and respect for all human rights in partnership with civil society understood to span all types of social action by individuals or groups that are independent from the state and active in the field of human rights and democracy support .


### furthermore , whilst democracy and human rights objectives must be increasingly mainstreamed in all external assistance financing instruments , union assistance under this regulation will have a specific complementary and additional role by virtue of its global nature and its independence of action from the consent of third country governments and other public authorities . this will allow for cooperation with civil society on sensitive human rights and democracy issues possible , providing the flexibility to respond to changing circumstances . it should also provide union capacity to articulate and support specific objectives and measures at international level which are neither geographically linked nor crisis related and which may require a transnational approach or involve operations both within the union and in a range of third countries . moreover , it will provide the necessary framework for operations , such as support for independent european union election observation missions requiring policy coherence , a unified management system and common operating standards . ### furthermore , whilst democracy and human rights objectives must be increasingly mainstreamed in all external assistance financing instruments , union assistance under this regulation will have a specific complementary and additional role by virtue of its global nature and its independence of action from the consent of third country governments and other public authorities . this will allow for cooperation with civil society on sensitive human rights and democracy issues possible , providing the flexibility and adaptability necessary to respond to changing circumstances and the needs of recipients . it should also provide union capacity to articulate and support specific objectives and measures at international level which are neither geographically linked nor crisis related and which may require a transnational approach or involve operations both within the union and in a range of third countries . moreover , it will provide the necessary framework for operations , such as support for independent european union election observation missions requiring policy coherence , a unified management system and common operating standards


### furthermore , whilst democracy and human rights objectives must be increasingly mainstreamed in all external assistance financing instruments , union assistance under this regulation will have a specific complementary and additional role by virtue of its global nature and its independence of action from the consent of third country governments and other public authorities . this will allow for cooperation with civil society on sensitive human rights and democracy issues possible , providing the flexibility to respond to changing circumstances . it should also provide union capacity to articulate and support specific objectives and measures at international level which are neither geographically linked nor crisis related and which may require a transnational approach or involve operations both within the union and in a range of third countries . moreover , it will provide the necessary framework for operations , such as support for independent european union election observation missions requiring policy coherence , a unified management system and common operating standards . ### furthermore , whilst democracy and human rights objectives must be increasingly mainstreamed in all external assistance financing instruments , union assistance under this regulation will have a specific complementary and additional role by virtue of its global nature , and its independence of action from the consent of third country governments and other public authorities . this will allow for cooperation with civil society on sensitive human rights and democracy issues possible , providing the flexibility to respond to changing circumstances or crisis situations . it will also provide union capacity to articulate and support specific objectives and measures at international level which are neither geographically linked nor crisis related and which may require a transnational approach or involve operations both within the union and in a range of third countries . moreover , it will provide the necessary framework for operations , such as support for independent european union election observation missions requiring policy coherence , a unified management system and common operating standards .


### furthermore , whilst democracy and human rights objectives must be increasingly mainstreamed in all external assistance financing instruments , union assistance under this regulation will have a specific complementary and additional role by virtue of its global nature and its independence of action from the consent of third country governments and other public authorities . this will allow for cooperation with civil society on sensitive human rights and democracy issues possible , providing the flexibility to respond to changing circumstances . it should also provide union capacity to articulate and support specific objectives and measures at international level which are neither geographically linked nor crisis related and which may require a transnational approach or involve operations both within the union and in a range of third countries . moreover , it will provide the necessary framework for operations , such as support for independent european union election observation missions requiring policy coherence , a unified management system and common operating standards . ### furthermore , whilst democracy and human rights objectives must be increasingly mainstreamed in all external assistance financing instruments , union assistance under this regulation will have a specific complementary and additional role by virtue of its global nature and its independence of action from the consent of third country governments and other public authorities . this will allow for cooperation with civil society on sensitive human rights and democracy issues possible , applying good financial , social , administrative and fiscal governance principles , thus providing the flexibility to respond to changing circumstances . it should also provide union capacity to articulate and support specific objectives and measures at international level which are neither geographically linked nor crisis related and which may require a transnational approach or involve operations both within the union and in a range of third countries . moreover , it will provide the necessary framework for operations , such as support for independent european union election observation missions requiring policy coherence , a unified management system and common operating standards .


### furthermore , whilst democracy and human rights objectives must be increasingly mainstreamed in all external assistance financing instruments , union assistance under this regulation will have a specific complementary and additional role by virtue of its global nature and its independence of action from the consent of third country governments and other public authorities . this will allow for cooperation with civil society on sensitive human rights and democracy issues possible , providing the flexibility to respond to changing circumstances . it should also provide union capacity to articulate and support specific objectives and measures at international level which are neither geographically linked nor crisis related and which may require a transnational approach or involve operations both within the union and in a range of third countries . moreover , it will provide the necessary framework for operations , such as support for independent european union election observation missions requiring policy coherence , a unified management system and common operating standards . ### furthermore , whilst democracy and human rights and gender equality objectives must be increasingly mainstreamed in all external assistance financing instruments , union assistance under this regulation will have a specific complementary and additional role by virtue of its global nature and its independence of action from the consent of third country governments and other public authorities . this will allow for cooperation with civil society on sensitive issues concerning human rights , fundamental freedoms , women’s rights , the principles of gender equality and non - discrimination and democracy , providing the flexibility to respond to changing circumstances . it should also provide union capacity to articulate and support specific objectives and measures at international level which are neither geographically linked nor crisis related and which may require a transnational approach or involve operations both within the union and in a range of third countries . moreover , it will provide the necessary framework for operations , such as support for independent european union election observation missions requiring policy coherence , a unified management system and common operating standards .


### enhancing the respect for and observance of human rights and fundamental freedoms , as proclaimed in the universal declaration of human rights and other international and regional human rights instruments , and strengthening their protection , promotion and monitoring , mainly through support to relevant civil society organisations , human rights defenders and victims of repression and abuse ; ### enhancing the respect for and observance of human rights and fundamental freedoms , as proclaimed in the universal declaration of human rights and other international and regional human rights instruments , and strengthening their protection , promotion and monitoring , through the creation and proper functioning of government structures for this purpose , and mainly through support to relevant civil society organisations , human rights defenders and victims of repression and abuse or violence ;


### supporting and consolidating democratic reforms in third countries , by enhancing participatory and representative democracy , strengthening the overall democratic cycle , and improving the reliability of electoral processes , in particular by means of election observation missions . ### supporting and consolidating democratic reforms in third countries , by adopting appropriate legislation and enhancing participatory and representative democracy , strengthening the overall democratic cycle and the rule of law , and improving the reliability of electoral processes , in particular by means of election observation missions .


### supporting and consolidating democratic reforms in third countries , by enhancing participatory and representative democracy , strengthening the overall democratic cycle , and improving the reliability of electoral processes , in particular by means of election observation missions . ### supporting and consolidating democratic reforms and governance in third countries , by enhancing participatory and representative democracy , in particular through the key role played by national parliaments , local authorities and civil society , and applying good financial , social , administrative and fiscal governance principles , thus strengthening the overall democratic cycle , and improving the reliability of electoral processes , in particular by means of election observation missions and local civil society election observation activities .


### promoting freedom of association and assembly , unhindered movement of persons , freedom of opinion and expression , including artistic and cultural expression , free press and independent pluralistic media , both traditional and ict based , internet freedom and measures to combat administrative obstacles to the exercise of these freedoms , including the fight against censorship ; ### promoting freedom of association and assembly , unhindered movement of persons , freedom of opinion and expression ; including artistic and cultural expression , free press and independent pluralistic media , both traditional and ict based , internet freedom and measures to combat administrative and political obstacles to the exercise of these freedoms , including the fight against censorship ;


### promoting freedom of association and assembly , unhindered movement of persons , freedom of opinion and expression , including artistic and cultural expression , free press and independent pluralistic media , both traditional and ict based , internet freedom and measures to combat administrative obstacles to the exercise of these freedoms , including the fight against censorship ; &#183 ; ### promoting freedom of association and assembly , unhindered movement of persons , freedom of opinion and expression , religious belief and practice , including artistic and cultural expression , free press and independent pluralistic media , both traditional and ict based , internet freedom and measures to combat administrative obstacles to the exercise of these freedoms , including the fight against censorship ;


### promoting freedom of association and assembly , unhindered movement of persons , freedom of opinion and expression , including artistic and cultural expression , free press and independent pluralistic media , both traditional and ict based , internet freedom and measures to combat administrative obstacles to the exercise of these freedoms , including the fight against censorship ; ### promoting and enshrining in law freedom of association and assembly , unhindered movement of persons , freedom of opinion and expression , including artistic and cultural expression , free press and independent pluralistic media , both traditional and ict based , internet freedom and measures to combat administrative obstacles to the exercise of these freedoms , including the fight against censorship ;


### strengthening the rule of law , promoting the independence of the judiciary , encouraging and evaluating legal and institutional reforms , and promoting access to justice ; ### strengthening the rule of law , promoting the independence of the judiciary , supporting and evaluating legal and institutional reforms , and promoting access to justice ;


### strengthening the rule of law , promoting the independence of the judiciary , encouraging and evaluating legal and institutional reforms , and promoting access to justice ; ### strengthening the rule of law , promoting the independence of the judiciary , encouraging and evaluating legal and institutional reforms and their implementation , and promoting access to justice ;


### strengthening the rule of law , promoting the independence of the judiciary , encouraging and evaluating legal and institutional reforms , and promoting access to justice ; ### strengthening the rule of law , promoting the independence of the judiciary and of the legislature – in particular national parliaments , encouraging and evaluating legal and institutional reforms , and promoting access to justice ; promoting civil society ' s role in monitoring the performance of the public sector ;


### supporting reforms to achieve effective and transparent democratic accountability and oversight , including that of the security and justice sectors , and encouraging measures against corruption ; ### supporting reforms to achieve effective and transparent democratic accountability and oversight , including that of the security and justice sectors , and strengthening measures against corruption ;


### supporting reforms to achieve effective and transparent democratic accountability and oversight , including that of the security and justice sectors , and encouraging measures against corruption ; ### supporting reforms to achieve effective and transparent democratic accountability and oversight , including that of the security and justice sectors , and encouraging measures against corruption , in particular good financial and fiscal governance ;


### the fight against racism and xenophobia and discrimination based on any ground , including sex , race , colour , ethnic or social origin , genetic features , language , religion or belief , political or any other opinion , membership of a national minority , property , birth , disability , age or sexual orientation ; ### the fight against racism and xenophobia and discrimination based on any ground , including gender , gender expression , gender identity , race , colour , ethnic or social origin , genetic features , language , religion or belief , political or any other opinion , membership of a national minority , property , birth , disability , age or sexual orientation ;


### the rights of women as proclaimed in the convention on the elimination of all forms of discrimination against women and its optional protocols , including measures to combat female genital mutilation , forced marriages , crimes of honour , trafficking , and any other form of violence against women ; ### the rights of women as proclaimed in the convention on the elimination of all forms of discrimination against women and its optional protocols , particularly access to education and healthcare and the right to decide freely and independently about their bodies , including measures to combat female genital mutilation , forced marriages , crimes of honour , trafficking , and any other form of violence against women ;


### the rights of women as proclaimed in the convention on the elimination of all forms of discrimination against women and its optional protocols , including measures to combat female genital mutilation , forced marriages , crimes of honour , trafficking , and any other form of violence against women ; ### promotion of the rights of women as proclaimed in the convention on the elimination of all forms of discrimination against women and its optional protocols , and the beijing platform of action , including measures to combat all forms of male violence against women , to protect women and girls against violence and discrimination , particularly female genital mutilation , forced and arranged marriages , crimes of honour , dowry related violence , trafficking of women and girls for commercial sexual exploitation , domestic violence , sexual violence including corrective rape , partner rape , spousal abuse and economic and other forms of violence ;


### education , training and monitoring in the area of human rights and democracy , and in the area covered by point ; ### education for democracy , training and monitoring in the area of protection of human rights and fundamental freedoms ;


### education , training and monitoring in the area of human rights and democracy , and in the area covered by point ; · ### education , training targeted at state functions and civil society , and monitoring in the area of human rights and democracy , and in the area covered by point ;


### strengthening of the international framework for the protection of human rights , justice , the rule of law and democracy , and for the promotion of international humanitarian law , in particular by : ### strengthening of the international framework for the protection of human rights , justice , the rule of law and democracy , and for the promotion of international humanitarian law and the right to a process of development in which all human rights and fundamental freedoms can be fully realised , in particular by :


### strengthening of the international framework for the protection of human rights , justice , the rule of law and democracy , and for the promotion of international humanitarian law , in particular by : ### strengthening of the international framework for the protection of human rights , justice , gender equality , the rule of law and democracy , and for the promotion of international humanitarian law , in particular by :


### building confidence in and enhancing the reliability and transparency of democratic electoral processes , while contributing to the efficiency and consistency of the whole electoral cycle , in particular , ### building confidence in and enhancing the reliability and transparency of democratic institutions and electoral processes , while contributing to the efficiency and consistency of developing and consolidation of democracy , in particular ,


### building confidence in and enhancing the reliability and transparency of democratic electoral processes , while contributing to the efficiency and consistency of the whole electoral cycle , in particular , ### building confidence in and encouraging countries where elections are to take place to provide protection of political candidates as well as to guarantee their relevant human and political rights and enhance the reliability and transparency of democratic electoral processes , while contributing to the efficiency and consistency of the whole electoral cycle , in particular ,


### by contributing to the development of the electoral observation capacity of civil society organisations at regional and local levels , and supporting their initiatives to enhance participation in , and the follow - up to , the electoral process ; ### by contributing to the development of the electoral observation capacity of civil society organisations and supporting their initiatives to enhance participation in , and the follow - up to , the electoral process , and by channelling part of democracy assistance through civil society organisations at regional and local levels ;


### the promotion and protection of gender equality , the rights of the child , rights of indigenous peoples , rights of persons with disabilities , and principles such as empowerment , participation , non - discrimination of vulnerable groups and accountability shall be taken into account whenever relevant for all assistance measures referred to in this regulation . ### the promotion and protection of gender equality , the rights of the child , rights of indigenous peoples , migrants and expatriate workers , rights of persons with disabilities , and principles such as empowerment , participation , non - discrimination of vulnerable or minority groups and accountability shall be taken into account whenever relevant for all assistance measures referred to in this regulation .


### the promotion and protection of gender equality , the rights of the child , rights of indigenous peoples , rights of persons with disabilities , and principles such as empowerment , participation , non - discrimination of vulnerable groups and accountability shall be taken into account whenever relevant for all assistance measures referred to in this regulation . ### in the framework of a human rights - based approach to development , the promotion and protection of gender equality , the rights of the child , rights of indigenous peoples , rights of persons with disabilities , rights of minorities , lgbt rights , and principles such as empowerment , participation , non - discrimination of vulnerable groups and accountability shall be taken into account for all assistance measures referred to in this regulation .


### the assistance measures shall take into account the specific features of crisis or urgency situations and countries or situations where there is a serious lack of fundamental freedoms , where human security is most at risk or where human rights organisations and defenders operate under the most difficult conditions . ### the assistance measures shall take into account the specific features of crisis or urgency situations and countries or situations where there is a serious lack of fundamental freedoms , where human security is most at risk or where human rights organisations and defenders operate under the most difficult conditions . since women and girls are particularly vulnerable , special attention should be paid to situations in which they are being exposed to physical and psychological violence .


### the scope of regulation no 1346 / 2000 should be extended to proceedings which promote the rescue of an economically viable debtor in order to help sound companies to survive and give a second chance to entrepreneurs . it should notably extend to proceedings which provide for the restructuring of a debtor at a pre - insolvency stage or which leave the existing management in place . the regulation should also cover those proceedings providing for a debt discharge of consumers and self - employed persons which do not fulfil the criteria of the current instrument . ### the scope of regulation no 1346 / 2000 should be extended to proceedings which promote the rescue of a debtor in severe financial distress in order to help sound companies to survive and give a second chance to entrepreneurs . it should notably extend to proceedings which provide for the restructuring of a debtor at a pre - insolvency stage or which leave the existing management in place . the regulation should also cover those proceedings providing for a debt discharge of consumers and self - employed persons which do not fulfil the criteria of the current instrument .


### the rules on jurisdiction for opening insolvency proceedings should be clarified and the procedural framework for determining jurisdiction should be improved . there should also be an explicit rule on jurisdiction for actions which are deriving directly from insolvency proceedings or are closely linked with them . ### the rules on jurisdiction for opening insolvency proceedings should be clarified and the procedural framework for determining jurisdiction should be improved . there should also be an explicit rule on jurisdiction for actions which are deriving directly from insolvency proceedings and are closely linked with them .


### ' the scope of this regulation should extend to proceedings which promote the rescue of an economically viable debtor in order to help sound businesses to survive and give a second chance to entrepreneurs . it should notably extend to proceedings which provide for the restructuring of a debtor at a pre - insolvency stage , proceedings which leave the existing management in place and proceedings providing for a debt discharge of consumers and self - employed persons . since these proceedings do not necessarily entail the appointment of a liquidator , they should be covered by this regulation if they take place under the control or supervision of a court . in this context , the term ' control ' should include situations where the court only intervenes on appeal by a creditor or interested party . ' ### ' the scope of this regulation should extend to proceedings which promote the rescue of a debtor in severe financial distress in order to help sound businesses to survive and give a second chance to entrepreneurs . it should notably extend to proceedings which provide for the restructuring of a debtor at a pre - insolvency stage , proceedings which leave the existing management in place and proceedings providing for a debt discharge of consumers and self - employed persons . since these proceedings do not necessarily entail the appointment of an insolvency representative , they should be covered by this regulation if they take place under the control or supervision of a court . '


### the ' centre of main interests ' of a company or other legal person should be presumed to be at the place of its registered office . it should be possible to rebut this presumption if the company ' s central administration is located in another member state than its registered office and a comprehensive assessment of all the relevant factors establishes , in a manner that is ascertainable by third parties , that the company’s actual centre of management and supervision and of the management of its interests is located in that other member state . by contrast , it should not be possible to rebut the presumption where the bodies responsible for the management and supervision of a company are in the same place as its registered office and the management decisions are taken there in a manner ascertainable by third parties . ### the ' centre of main interests ' of a company or other legal person should be presumed to be at the place of its registered office . it should be possible to rebut this presumption , in particular if the company ' s central administration is located in another member state than its registered office and a comprehensive assessment of all the relevant factors establishes , in a manner that is ascertainable by third parties , that the company’s actual centre of management and supervision and of the management of its interests is located in that other member state .


### secondary proceedings may also hamper the efficient administration of the estate . therefore , the court opening secondary proceedings should be able , on request of the liquidator , to postpone or refuse the opening if these proceedings are not necessary to protect the interests of local creditors . this should notably be the case if the liquidator , by an undertaking binding on the estate , agrees to treat local creditors as if secondary proceedings had been opened and to apply the rules of ranking of the member state where the opening of secondary proceedings has been requested when distributing the assets located in that member state . this regulation should confer on the liquidator the possibility to give such undertakings . ### secondary proceedings may also hamper the efficient administration of the estate . therefore , the court opening secondary proceedings should be able , on request of the insolvency representative , to postpone or refuse the opening if these proceedings are not necessary to protect the interests of local creditors . this should notably be the case if the insolvency representative , by an undertaking binding on the estate , agrees to treat local creditors as if secondary proceedings had been opened and to apply the rules of ranking of the member state where the opening of secondary proceedings has been requested when distributing the assets located in that member state . this regulation should confer on the insolvency representative the possibility to give such undertakings and to lay down minimum criteria which such undertakings need to meet .


### in order to ensure an effective protection of local interests , the liquidator of the main proceedings should not be able to realise or re - locate the assets situated in the member state where an establishment is located in an abusive manner , in particular , with the purpose of frustrating the possibility that such interests be effectively satisfied if afterwards secondary proceedings were opened . ### in order to ensure an effective protection of local interests , the insolvency representative of the main proceedings should not be able to realise or re - locate the assets situated in the member state where an establishment is located in an abusive manner , in particular , with the purpose of frustrating the possibility that such interests be effectively satisfied if afterwards secondary proceedings were opened . local creditors should also be entitled to seek protective measures from a court in cases where an insolvency representative appears to be unable to honour the undertakings .


### the following recitals 20a and 20b are inserted : ### the following recitals 20a , 20aa and 20b are inserted :


### this regulation should ensure the efficient administration of insolvency proceedings relating to different companies forming part of a group of companies . where insolvency proceedings have been opened for several companies of the same group , these proceedings should be properly coordinated . the various liquidators and the courts involved should therefore be under the same obligation to cooperate and communicate with each other as those involved in main and secondary proceedings relating to the same debtor . in addition , a liquidator appointed in proceedings relating to a member of a group of companies should have standing to propose a rescue plan in the proceedings concerning another member of the same group to the extent such a tool is available under national insolvency law . ### this regulation should ensure the efficient administration of insolvency proceedings relating to different companies forming part of a group of companies . where insolvency proceedings have been opened for several companies of the same group , these proceedings should be properly coordinated . the various insolvency representatives and the courts involved should therefore be under the same obligation to cooperate and communicate with each other as those involved in main and secondary proceedings relating to the same debtor .


### the introduction of rules on the insolvency of groups of companies should not limit the possibility of a court to open insolvency proceedings for several companies belonging to the same group in a single jurisdiction if the court finds that the centre of main interests of these companies is located in a single member state . in such situations , the court should also be able to appoint , if appropriate , the same liquidator in all proceedings concerned . ### the introduction of rules on the insolvency of groups of companies should not limit the possibility of a court to open insolvency proceedings for several companies belonging to the same group in a single jurisdiction if the court finds that the centre of main interests of these companies is located in its national and local jurisdiction . in such situations , the court should also be able to appoint , if appropriate , the same insolvency representative in all proceedings concerned . member states may also introduce provisions on the insolvency of groups of companies within their jurisdiction which go beyond the provisions of this regulation and do not affect the efficient and effective application of this regulation .


### this regulation shall apply to collective judicial or administrative proceedings , including interim proceedings , which are based on a law relating to insolvency or adjustment of debt and in which , for the purpose of rescue , adjustment of debt , reorganisation or liquidation , the debtor is totally or partially divested of his assets and a liquidator is appointed , or the assets and affairs of the debtor are subject to control or supervision by a court . the proceedings referred to in this paragraph shall be listed in annex a . ### this regulation shall apply to collective judicial or administrative proceedings , including interim proceedings , which are based on a law relating to insolvency and in which , for the purpose of rescue , adjustment of debt , reorganisation or liquidation , the debtor is totally or partially divested of his assets and a insolvency representative is appointed , or the assets and affairs of the debtor are subject to control or supervision by a court . where such proceedings may be commenced prior to the insolvency , their purpose must be the avoidance of liquidation . the proceedings referred to in this paragraph shall be listed in annex a .


### ' liquidator ' means any person or body whose function is to administer or liquidate assets of which the debtor has been divested or to supervise the administration of his affairs . those persons and bodies are listed in annex c ; in a case which does not involve the appointment of , or the transfer of the debtor ' s powers to , a liquidator , the debtor in possession . ### ' insolvency representative ' means any person or body whose function , including on a provisional basis , is to administer or liquidate assets of which the debtor has been divested or to supervise the administration of his affairs . those persons and bodies are listed in annex c ; in a case which does not involve the appointment of , or the transfer of the debtor ' s powers to , an insolvency representative , the debtor in possession .


### ' court ' means in all articles except article 3b the judicial body or any other competent body of a member state empowered to open insolvency proceedings , to confirm such opening or to take decisions in the course of such proceedings ; ### ' court ' means in all articles except article 3b the judicial body empowered to open insolvency proceedings , to confirm such opening or to take decisions in the course of such proceedings ;


### ' court ' means in all articles except article 3b the judicial body or any other competent body of a member state empowered to open insolvency proceedings , to confirm such opening or to take decisions in the course of such proceedings ; ### ' court ' means in all articles the judicial body or any other competent body of a member state empowered to open insolvency proceedings , to confirm such opening or to take decisions in the course of such proceedings ;


### ' the time of the opening of proceedings ' means the time at which the judgment opening insolvency proceedings becomes effective , whether it is a final judgment or not ; ### ' the time of the opening of proceedings ' means the time at which the judgment opening insolvency proceedings becomes effective , whether it is final or not ;


### “establishment” means any place of operations where the debtor carries out a non - transitory economic activity with human means and assets ; ### “establishment” means any place of operations where the debtor carries or carried out a non - transitory economic activity with human means and assets ;


### ' establishment ' means any place of operations where the debtor carries out a non - transitory economic activity with human means and assets ; ### ' establishment ' means any place of operations where the debtor carries out a non - transitory economic activity with human means and assets or services ;


### ' group of companies ' means a number of companies consisting of parent and subsidiary companies ; ### ' group of companies ' means a parent company and all its subsidiary companies ;


### ' parent company ' means a company which has a majority of the shareholders ' or members ' voting rights in another company ; or is a shareholder or member of the subsidiary company and has the right to appoint or remove a majority of the members of the administrative , management or supervisory body of that subsidiary ; or exercise a dominant influence over the subsidiary company pursuant to a contract entered into with that subsidiary or to a provision in its articles of association . ' ### ' parent company ' means a company which controls one or more subsidiary companies . a company which is preparing consolidated financial statements in accordance with directive 2013 / 34 / eu of the european parliament and of the council1 shall be deemed to be a parent company ; ______________ 1 directive 2013 / 34 / eu of the european parliament and of the council of 26 june 2013 on the annual financial statements , consolidated financial statements and related reports of certain types of undertakings amending directive 2006 / 43 / ec of the european parliament and of the council and repealing council directives 78 / 660 / eec and 83 / 349 / eec .


### where insolvency proceedings have been opened in accordance with paragraph 1 , any proceedings opened subsequently in accordance with paragraph 2 shall be secondary proceedings . in such a case , the relevant time for assessing whether the debtor possesses an establishment within the territory of another member state shall be the date of the opening of the main proceedings . ' ### where a judgment opening insolvency proceedings has been issued in accordance with paragraph 1 , any proceedings opened subsequently in accordance with paragraph 2 shall be secondary proceedings . in such a case , the relevant time for assessing whether the debtor possesses an establishment within the territory of another member state shall be the date of the opening of the main proceedings . '


### where an action referred to in paragraph 1 is related to an action in civil and commercial matters against the same defendant , the liquidator may bring both actions in the courts of the member state within the territory of which the defendant is domiciled , or , where the action is brought against several defendants , in the courts of the member state within the territory of which any of them is domiciled , provided that that court has jurisdiction pursuant to the rules of regulation no 44 / 2001 . ### where an action referred to in paragraph 1 is related to an action in civil and commercial matters against the same defendant , the insolvency representative may bring both actions in the courts of the member state within the territory of which the defendant is domiciled , or , where the action is brought against several defendants , in the courts of the member state within the territory of which any of them is domiciled , provided that that court has jurisdiction pursuant to the rules of regulation no 1215 / 2012 .


### for the purpose of this article , actions are deemed to be related where they are so closely connected that it is expedient to hear and determine them together to avoid the risk of irreconcilable judgments resulting from separate proceedings . ### for the purpose of paragraph 2 , actions are deemed to be related where they are so closely connected that it is expedient to hear and determine them together to avoid the risk of irreconcilable judgments resulting from separate proceedings .


### any creditor or interested party who has his habitual residence , domicile or registered office in a member state other than the state of the opening of proceedings , shall have the right to challenge the decision opening main proceedings . the court opening main proceedings or the liquidator shall inform such creditors insofar as they are known of the decision in due time in order to enable them to challenge it . ' ### any creditor or interested party who has his habitual residence , domicile or registered office in a member state other than the state of the opening of proceedings , shall have the right to challenge the decision opening main proceedings on grounds of international jurisdiction within three weeks after the date of the opening of insolvency proceedings has been made publicly available in accordance with point of article 20a . '


### netting agreements netting agreements shall be governed solely by the law of the contract governing such agreements . ' ### close - out netting provisions when one party to the contract containing a close - out netting provision is an institution falling within the scope of directive 2001 / 24 / ec , such close - out netting provision shall be governed solely by the law of the contract governing such provision . '


### the liquidator appointed by a court which has jurisdiction pursuant to article 3 may exercise all the powers conferred on him by the law of the state of the opening of proceedings in another member state , as long as no other insolvency proceedings have been opened there nor any preservation measure to the contrary has been taken there further to a request for the opening of insolvency proceedings in that state . subject to articles 5 and 7 , he may in particular remove the debtor ' s assets from the territory of the member state in which they are situated . he may also give the undertaking that the distribution and priority rights which local creditors would have had if secondary proceedings had been opened will be respected in the main proceedings . such an undertaking shall be subject to the form requirements , if any , of the state of the opening of the main proceedings and shall be enforceable and binding on the estate . ' ### the insolvency representative appointed by a court which has jurisdiction pursuant to article 3 or in the case of a debtor in possession proceedings in accordance with that jurisdiction , either the insolvency representative or the debtor may exercise all the powers conferred on him by the law of the state of the opening of proceedings in another member state , as long as no other insolvency proceedings have been opened there nor any preservation measure to the contrary has been taken there further to a request for the opening of insolvency proceedings in that state . subject to articles 5 and 7 , he may in particular remove the debtor ' s assets from the territory of the member state in which they are situated . he may also give an enforceable and binding undertaking that the distribution and priority rights which local creditors would have had if secondary proceedings had been opened will be respected in the main proceedings . such an undertaking shall specify the factual assumptions upon which it is based , in particular with respect to the distribution of local claims over the priority and ranking system under the law governing the secondary proceedings , the value of distributable assets within the secondary proceedings , the options available to realize such value , the proportion of creditors in the main proceedings participating in the secondary proceedings and the costs that would have to be incurred by the opening of secondary proceedings . form requirements for the undertaking , if any , shall be specified by the laws of the state of the opening of the main proceedings . '


### where main or secondary proceedings are opened in relation to a company or legal person or an individual exercising an independent business or professional activity , the court opening insolvency proceedings shall ensure that the information referred to in article 20a is published immediately in the insolvency register of the state of opening . ' ### where main or secondary proceedings are opened , the court opening insolvency proceedings shall ensure that the information referred to in article 20a is published immediately in the insolvency register of the state of opening . '


### the liquidator may request that the information referred to in the first paragraph of this article be published in any other member state where assets or creditors of the debtor are located in accordance with the procedure provided for in that state . ' ### the insolvency representative may request that the information referred to in the first paragraph of this article be published in any other member state where assets , creditors or debtors of the debtor are located in accordance with the procedure provided for in that state . '


### judgments handed down by a court whose judgment concerning the opening of proceedings is recognised in accordance with article 16 and which concern the course and closure of insolvency proceedings , and compositions approved by that court shall also be recognised with no further formalities . such judgments shall be enforced in accordance with articles 32 to 56 , with the exception of article 34 , regulation no 44 / 2001 . ### judgments handed down by a court whose judgment concerning the opening of proceedings is recognised in accordance with article 16 and which concern the course and closure of insolvency proceedings , and compositions approved by that court shall also be recognised with no further formalities . such judgments shall be enforced in accordance with articles 39 to 46 of regulation no 1215 / 2012 .


### the court seized of a request to open secondary proceedings shall immediately give notice to the liquidator in the main proceedings and give him an opportunity to be heard on the request . ### the court seized of a request to open secondary proceedings shall immediately open a temporary local proceeding and appoint a temporary local insolvency practitioner . the court shall within one working day provide for the publication of the request itself , and of the temporary stay of payment with immediate effect in the insolvency register . the court shall immediately give notice to the insolvency practitioner in the main proceedings .


### upon request by the liquidator in the main proceedings , the court referred to in paragraph 1 shall postpone the decision of opening or refuse to open secondary proceedings if the opening of such proceedings is not necessary to protect the interests of local creditors , in particular , when the liquidator in the main proceedings has given the undertaking referred to in article 18 and complies with its terms . ### upon request to be submitted within 3 weeks after the publication by the insolvency practitioner in the main proceedings , the court referred to in paragraph 1 shall postpone the decision of opening or refuse to open secondary proceedings if the insolvency practitioner in the main proceedings provides sufficient evidence that the opening of such proceedings is not necessary to protect the interests of local creditors .


### upon request by the liquidator in the main proceedings , the court referred to in paragraph 1 shall postpone the decision of opening or refuse to open secondary proceedings if the opening of such proceedings is not necessary to protect the interests of local creditors , in particular , when the liquidator in the main proceedings has given the undertaking referred to in article 18 and complies with its terms . ### upon request by the insolvency representative in the main proceedings , the court referred to in paragraph 1 shall postpone the decision of opening or refuse to open secondary proceedings if the insolvency representative in the main proceedings provides sufficient evidence that the opening of such proceedings is not necessary to protect the interests of local creditors , in particular , when the insolvency representative in the main proceedings has given the undertaking referred to in article 18 and complies with its terms .


### the liquidator in the main proceedings shall be notified of the decision to open secondary proceedings and shall have the right to challenge that decision . ' ### the insolvency representative in the main proceedings shall be notified of the decision to open secondary proceedings and shall have the right to challenge that decision within two weeks of receipt of this notification . in justified cases the court opening secondary proceedings may shorten this period to up to three working days after receipt of the notification . '


### the liquidator in the main proceedings and the liquidators in the secondary proceedings shall cooperate with each other to the extent such cooperation is not incompatible with the rules applicable to each of the proceedings . such cooperation may take the form of agreements or protocols . ### the insolvency representative in insolvency proceedings concerning the same debtor shall cooperate with each other to the extent such cooperation is appropriate to facilitate the effective administration of the proceedings , is not incompatible with the rules applicable to each of the proceedings and does not entail any conflict of interests . such cooperation may take the form of agreements or protocols .


### in order to facilitate the coordination of main and secondary insolvency proceedings concerning the same debtor , a court before which a request to open insolvency proceedings is pending or which has opened such proceedings shall cooperate with any other court before which insolvency proceedings are pending or which has opened such proceedings to the extent such cooperation is not incompatible with the rules applicable to each of the proceedings . for this purpose , the courts may , where appropriate , appoint a person or body acting on its instructions . ### in order to facilitate the coordination of insolvency proceedings concerning the same debtor , a court before which a request to open insolvency proceedings is pending or which has opened such proceedings shall cooperate with any other court before which insolvency proceedings are pending or which has opened such proceedings to the extent such cooperation is appropriate to facilitate the effective administration of the proceedings and is not incompatible with the rules applicable to each of the proceedings . for this purpose , the courts may , where appropriate , appoint a person or body to act on its instructions , provided that this is not incompatible with the rules applicable to them .


### in order to facilitate the coordination of main and secondary insolvency proceedings opened with respect to the same debtor , ### in order to facilitate the coordination of insolvency proceedings opened with respect to the same debtor ,


### where secondary proceedings concerning a legal person have been opened in the member state of that person ' s registered office and the closure of those proceedings entails the dissolution of the legal person , such dissolution shall not prevent the continuation of main proceedings which have been opened in another member state . ' ### where secondary proceedings concerning a legal person have been opened in the member state of that person ' s registered office and the closure of those proceedings entails the dissolution of the legal person , the legal person concerned shall not be struck off the company register until the main proceedings are closed . '


### explore the possibilities for restructuring the group and , where such possibilities exist , coordinate with respect to the proposal and negotiation of a coordinated restructuring plan ; ### explore the possibilities for restructuring the group members subject to insolvency proceedings and , where such possibilities exist , coordinate with respect to the proposal and negotiation of a coordinated restructuring plan ;


### where insolvency proceedings relate to two or more members of a group of companies , a court before which a request to open proceedings concerning a member of the group is pending or which has opened such proceedings shall cooperate with any other court before which a request to open proceedings concerning another member of the same group is pending or which has opened such proceedings to the extent such cooperation is appropriate to facilitate the effective administration of the proceedings and is not incompatible with the rules applicable to them . for this purpose , the courts may , where appropriate , appoint a person or body acting on its instructions . ### where insolvency proceedings relate to two or more members of a group of companies , a court before which a request to open proceedings concerning a member of the group is pending or which has opened such proceedings shall cooperate with any other court before which a request to open proceedings concerning another member of the same group is pending or which has opened such proceedings to the extent such cooperation is appropriate to facilitate the effective administration of the proceedings and is not incompatible with the rules applicable to them . for this purpose , the courts may , where appropriate , appoint a person or body to act on its instructions , provided that this is not incompatible with the rules applicable to them .


### a liquidator appointed in insolvency proceedings concerning a member of a group of companies shall cooperate and communicate with any court before which a request for the opening of proceedings with respect to another member of the same group of companies is pending or which has opened such proceedings to the extent such cooperation is appropriate to facilitate the coordination of the proceedings and is not incompatible with the rules applicable to them . in particular , the liquidator may request information from that court concerning the proceedings regarding the other member of the group or request assistance concerning the proceedings in which he has been appointed . ### an insolvency representative appointed in insolvency proceedings concerning a member of a group of companies shall cooperate and communicate with any court before which a request for the opening of proceedings with respect to another member of the same group of companies is pending or which has opened such proceedings to the extent such cooperation is appropriate to facilitate the coordination of the proceedings , is not incompatible with the rules applicable to them and does not entail any conflict of interests . in particular , the insolvency representative may request information from that court concerning the proceedings regarding the other member of the group or request assistance concerning the proceedings in which he has been appointed .


### to request a stay of the proceedings opened with respect to any other member of the same group ; ### to request for a period of up to two months a stay of the proceedings opened with respect to any other member of the same group ;


### the court having opened proceedings referred to in point b ) of paragraph 1 shall stay the proceedings in whole or in part if it is proven that such a stay would be to the benefit of the creditors in these proceedings . such a stay may be ordered for up to three months and may be continued or renewed for the same period . the court ordering the stay may require the liquidator to take any suitable measure to guarantee the interests of the creditors in the proceedings . ' ### the court having opened proceedings referred to in point b ) of paragraph 1 shall stay the proceedings in whole or in part if the insolvency representative provides sufficient evidence that such a stay would be to the benefit of the creditors in these proceedings . the court ordering the stay may require the insolvency representative to take any suitable measure to guarantee the interests of the creditors in the proceedings .


### in order to trigger an amendment of annex a , member states shall notify the commission of their national rules on insolvency proceedings which they want to have included in annex a , accompanied by a short description . the commission shall examine whether the notified rules comply with the conditions set out in article 1 and , where this is the case , shall amend annex a by way of delegated act . ' ### member states shall notify the commission of their national rules on insolvency proceedings which meet the criteria set out in article 1 , accompanied by a short description . the commission shall examine whether the notified rules comply with the conditions set out in article 1 and , where this is the case , shall amend annex a by way of delegated act . '


### member states shall apply the directive 95 / 46 / ec to the processing of personal data carried out in the member states pursuant to this regulation . ### national rules transposing directive 95 / 46 / ec shall apply to the processing of personal data carried out in the member states pursuant to this regulation provided that the processing operations referred to in article 3 of directive 95 / 46 / ec are not affected .


### with the aim of strengthening trade mark protection and combatting counterfeiting more effectively , the proprietor of a registered trade mark should be entitled to prevent third parties from bringing goods into the customs territory of the member state without being released for free circulation there , where such goods come from third countries and bear without authorization a trade mark which is essentially identical to the trade mark registered in respect of such goods . ### with the aim of strengthening trade mark protection and combating counterfeiting more effectively , the proprietor of a registered trade mark , assisted by the national authorities , should be entitled to prevent third parties from bringing goods into the customs territory of the member state without being released for free circulation there , where such goods come from third countries and bear without authorization a trade mark which is essentially identical to the trade mark registered in respect of such goods .


### in order to more effectively prevent the entry of infringing goods , particularly in the context of sales over the internet , the proprietor should be entitled to prohibit the importing of such goods into the union where it is only the consignor of the goods who acts for commercial purposes . ### in order to more effectively prevent the entry of infringing goods , particularly in the context of sales over the internet , the proprietor , assisted by the national authorities , should be entitled to prohibit the importing of such goods into the union where it is only the consignor of the goods who acts for commercial purposes .