### promote equality between women and men and combat discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation ; ### promote equality between women and men . to this end , the objectives outlined in the european strategy for gender equality 2010 - 2015 shall be applied , particularly with regard to promoting women ' s economic independence by encouraging self - employment and the creation by women of businesses ; possibilities for reconciliation shall be encouraged and particular emphasis placed on equality in decision making on political and business - related economic issues . these are useful and specific ways in which to counter gender discrimination and should be accompanied by measures to combat discrimination based on racial or ethnic origin , religion or belief , disability , age or sexual orientation . in order to efficiently tackle poverty within the union and specifically among the most vulnerable , such as women , and particularly specific categories of women , integrated actions should be promoted . to this end , the phenomenon of poverty should be challenged by promoting inventive measures at all levels , investment in social infrastructures and enhanced exchange of good practices


### ensure that the requirements linked to the promotion of a high - level of employment , a guarantee of adequate social protection and the fight against social exclusion are taken into account in defining and implementing of the union ' s policies and activities . ### in defining and implementing the union ' s policies and activities , promote a high - level of employment , guarantee adequate social protection and fight against social exclusion .


### the commission may make use of the appropriations referred to paragraph 1 to finance technical and / or administrative assistance , in particular relating to auditing , outsourcing of translation , meetings of experts , and information and communication activities for the mutual benefit of the commission and the beneficiaries . ### the commission may make use of up to 3 % of the appropriations referred to in paragraph 1 , to finance technical and / or administrative assistance , in particular relating to auditing , outsourcing of translation , meetings of experts , cooperation with third countries and information and communication activities for the mutual benefit of the commission and the beneficiaries .


### in line with the europe 2020 strategy , the programme should pursue a coherent approach to promoting employment and combating social exclusion and poverty . its implementation should be rationalised and simplified , notably through a set of common provisions including , inter allia , general objectives , typology of actions , monitoring and evaluation arrangements . the programme should also focus on large projects with clear eu added value in order to reach critical mass and reduce administrative burden for both the beneficiaries and the commission . in addition , greater use should be made of simplified cost options in particular for the implementation of mobility schemes . the programme should be a one - stop shop for microfinance providers , providing financing for micro - credit , capacity building and technical assistance . lastly , the programme should provide for budgetary flexibility through the establishment of a reserve to be allocated on an annual basis in order to respond to policy priorities . ### in line with the europe 2020 strategy , the programme should pursue a coherent , innovative and adaptable approach to promoting employment and combating social exclusion and poverty . its implementation should be rationalised and simplified , notably through a set of common provisions including , inter alia , general objectives , typology of actions , monitoring and evaluation arrangements . the programme should also focus on large projects with clear eu added value in order to reach critical mass , reduce the administrative burden and make matters simpler and more comprehensible for both the beneficiaries and the commission . in addition , greater use should be made of simplified cost options in particular for the implementation of targeted mobility schemes . the programme should be a one - stop shop for microfinance providers and ‘ social enterprises’ , providing a suitable level of financing for micro - credit , and financing for social entrepreneurship , facilitating access to borrowing , building their capacity and providing technical assistance . lastly , the programme should provide for budgetary flexibility through the establishment of a reserve , of a maximum amount to be defined , and to be allocated on an annual basis in order to respond to policy priorities set by the commission after consulting the member states and parliament .


### this regulation establishes a european union programme for social change and innovation which aims to contribute to the implementation of the europe 2020 strategy , its headline targets and integrated guidelines by providing financial support for the european union ' s objectives in terms of promoting a high level of employment , guaranteeing adequate social protection , combating social exclusion and poverty and improving working conditions . ### this regulation establishes a european union programme for social change and innovation which aims to contribute to the implementation of the europe 2020 strategy , its headline targets and integrated guidelines by providing financial support for the european union ' s objectives in terms of promoting a high level of employment , guaranteeing adequate social protection , combating social exclusion and poverty , improving working conditions and promoting a better balance between professional and private life , while always keeping sight of the objective of gender equality and gender mainstreaming .


### social enterprises are a cornerstone of europe’s pluralist social market economy . they can act as drivers of social change by offering innovative solutions , and therefore make a valuable contribution to meeting the objectives of the europe 2020 strategy . the programme should improve social enterprises’ access to finance and thereby contribute to the social business initiative launched by the commission11 . ### social enterprises are a cornerstone of europe’s pluralist social market economy , and play an important role in ensuring greater social convergence in europe . they can act as drivers of social change by offering innovative solutions , and therefore make a valuable contribution to meeting the objectives of the europe 2020 strategy . the programme should improve social enterprises’ access to finance and thereby contribute to the social business initiative launched by the commission11 .


### persons who have lost or are at risk of losing their jobs , or who have difficulty in entering or re - entering the labour market , persons at risk of social exclusion and vulnerable persons who are in a disadvantaged position with regard to access to the conventional credit market and who wish to start up or develop their own micro - enterprises ; ### persons who have lost or are at risk of losing their jobs , or who have difficulty in entering or re - entering the labour market , persons at risk of social exclusion and disadvantaged persons who are in a disadvantaged position with regard to access to the conventional credit market and who wish to start up or develop their own micro - enterprises and are thus reliant on start - up capital ;


### training of legal and policy practitioners , and eures advisers ; ### training of legal practitioners and of all those actively involved in implementing the ‘ european union programme for social change and innovation’ , especially eures advisers ;


### support the development of adequate , accessible and efficient social protection systems and labour markets and facilitate policy reform , by promoting good governance , mutual learning and social innovation ; ### support the development of adequate , decent , accessible and efficient social protection systems and labour markets in order to ensure social inclusion and a high level of high - quality employment and facilitate policy reform where necessary , by promoting participation of all relevant stakeholders , including non - governmental organisations and people experiencing poverty and social exclusion as well as good governance , mutual learning and social innovation ;


### lack of access to credit is one of the main obstacles to business creation , especially among people furthest from the labour market . union and national efforts in this area need to be stepped up in order to increase the supply of microfinance and meet demand from those who need it most , and in particular unemployed and vulnerable people who wish to start up or develop a micro - enterprise , including on a self - employed basis , but do not have access to credit . as a first step , in 2010 the european parliament and the council set up the facility . ### lack of access to credit is one of the main obstacles to business creation , especially among people furthest from the labour market . union and national efforts in this area need to be stepped up in order to increase the supply of microfinance and meet demand from those who need it most , and in particular unemployed and socially disadvantaged people who wish to start up or develop a micro - enterprise , in particular in the ' white economy ' , including on a self - employed basis , but do not have access to credit . as a first step , in 2010 the european parliament and the council set up the facility .


### 60 % to the progress axis , of which at least 17 % shall be allocated to promoting social experimentation as a method for testing and evaluating innovative solutions with a view to scaling them up ; ### 50 % to the progress axis , of which at least 17 % shall be allocated to promoting social experimentation as a method for testing and evaluating innovative solutions with a view to scaling them up ;


### eures’ scope should be widened to develop and support targeted mobility schemes at union level with a view to filling vacancies where labour market shortcomings have been identified . in accordance with article 47 of the treaty , the scheme should facilitate mobility among young workers . ### eures’ scope should be widened to develop and support targeted mobility schemes at union level with a view to filling vacancies where labour market shortcomings have been identified and to stepping up and increasing the number of cross - border eures partnership projects . in accordance with article 47 of the treaty , the scheme should facilitate mobility among young workers , without overlooking the importance of helping them find a first job , most often near their home , with a view to offering them the chance of job mobility in the future .


### evaluations and impact assessments ; ### independent evaluations , and promotion of impact assessments including by private bodies ;


### 15% to the eures axis ; ### 15 % to the eures axis , prioritising ‘ your first eures job’ in particular , and allocating at least 20 % to transnational partnerships ;


### eures ' scope should be widened to develop and support targeted mobility schemes at union level with a view to filling vacancies where labour market shortcomings have been identified . in accordance with article 47 of the treaty , the scheme should facilitate mobility among young workers . ### eures ' scope should be widened to develop and support targeted mobility schemes at union level with a view to filling vacancies where labour market shortcomings have been identified . in the light of high youth unemployment and in accordance with article 47 of the treaty , the scheme should especially facilitate mobility among young workers in the union .


### ensure that the requirements linked to the promotion of a high - level of employment , a guarantee of adequate social protection and the fight against social exclusion are taken into account in defining and implementing of the union ' s policies and activities . ### promote a high level of high - quality employment , guarantee adequate and decent social protection and fight against poverty and social exclusion .


### support the development of adequate , accessible and efficient social protection systems and labour markets and facilitate policy reform , by promoting good governance , mutual learning and social innovation ; ### support the development of adequate , accessible and efficient social protection systems and labour markets in order to ensure social inclusion and a high level of high - quality employment and facilitate policy reform where necessary , by promoting the participation of all relevant stakeholders , including non - governmental organisations and people experiencing poverty and social exclusion , as well as good governance , mutual learning and social innovation ;


### support the development of adequate , accessible and efficient social protection systems and labour markets and facilitate policy reform , by promoting good governance , mutual learning and social innovation ; ### promote social governance by targeting greater social convergence , stimulating social innovation and supporting the development of adequate , accessible , equitable and efficient social protection systems and labour markets , and facilitate policy reform , by promoting good governance , mutual learning and social innovation ;


### the commission may make use of the appropriations referred to paragraph 1 to finance technical and / or administrative assistance , in particular relating to auditing , outsourcing of translation , meetings of experts , and information and communication activities for the mutual benefit of the commission and the beneficiaries . ### a maximum of 2 % of the financial envelope referred to in paragraph 1 shall be attributed to the implementation of the programme to cover , for example , the expenditure related to technical and / or administrative assistance , translation , tenders , expert meetings , communication for the mutual benefit of the commission and the beneficiaries .


### actions to promote mobility of individuals in the union , in particular the development of a multilingual digital platform for the clearance of job vacancies and applications , and targeted mobility schemes to fill vacancies where labour market shortcomings have been identified and / or to help specific groups of workers such as young people . ### actions to promote mobility of individuals in the union , focusing in particular on cross - border workers and on the development of a multilingual digital platform for the clearance of job vacancies and applications , and targeted mobility schemes to fill vacancies where labour market shortcomings have been identified and / or to help specific groups of workers such as young people .


### provide union and national organisations with financial support to step up their capacity to develop , promote and support the implementation of union employment and social policy and working conditions legislation . ### provide union organisations and national , regional , or local organisations with financial support to step up their capacity to develop innovative social experimentation and promote and support the implementation of social policy , of policy to combat exclusion , of employment policy , and of union working conditions legislation .


### in line with the europe 2020 strategy , the programme should pursue a coherent approach to promoting employment and combating social exclusion and poverty . its implementation should be rationalised and simplified , notably through a set of common provisions including , inter allia , general objectives , typology of actions , monitoring and evaluation arrangements . the programme should also focus on large projects with clear eu added value in order to reach critical mass and reduce administrative burden for both the beneficiaries and the commission . in addition , greater use should be made of simplified cost options in particular for the implementation of mobility schemes . the programme should be a one - stop shop for microfinance providers , providing financing for micro - credit , capacity building and technical assistance . lastly , the programme should provide for budgetary flexibility through the establishment of a reserve to be allocated on an annual basis in order to respond to policy priorities . ### in line with the europe 2020 strategy , the programme should pursue a coherent , innovative and adaptable approach to promoting employment and combating social exclusion and poverty . its implementation should be rationalised and simplified , notably through a set of common provisions including , inter alia , general objectives , typology of actions , monitoring and evaluation arrangements . the programme should also focus on large projects with clear eu added value in order to reach critical mass , reduce the administrative burden and make matters simpler and more comprehensible for both the beneficiaries and the commission . in addition , greater use should be made of simplified cost options in particular for the implementation of targeted mobility schemes . the programme should be a one - stop shop for microfinance providers and ‘ social enterprises’ , providing a suitable level of financing for micro - credit , and financing for social entrepreneurship , facilitating access to borrowing , building their capacity and providing technical assistance . lastly , the programme should provide for budgetary flexibility through the establishment of a reserve , of a maximum amount to be defined , and to be allocated on an annual basis in order to respond to policy priorities set by the commission after consulting the member states and parliament .


### promote workers’ geographical mobility and boost employment opportunities by developing union labour markets that are open and accessible to all ; ### promote all initiatives on first jobs and returning the unemployed to work , workers’ targeted geographical mobility and boost employment opportunities by developing union labour markets that are open and accessible to all ;


### support to microfinance and social enterprises in particular through the financial instruments provided for under title viii of part one of regulation xxx / 2012 [ new financial regulation ] on the financial rules applicable to the annual budget of the union , and grants . ### the following types of actions may be financed under the heading of ‘ microfinance and social enterprises’ :


### this regulation establishes a european union programme for social change and innovation which aims to contribute to the implementation of the europe 2020 strategy , its headline targets and integrated guidelines by providing financial support for the european union ' s objectives in terms of promoting a high level of employment , guaranteeing adequate social protection , combating social exclusion and poverty and improving working conditions . ### this regulation establishes a european union programme for social change and innovation which aims to contribute to the implementation of the europe 2020 strategy , its headline targets and integrated guidelines by providing financial support for the european union ' s objectives in terms of promoting a high level of employment , guaranteeing adequate social protection , combating social exclusion and poverty , improving working conditions and promoting a better balance between professional and private life , while always keeping sight of the objective of gender equality and gender mainstreaming .


### the union is uniquely placed to provide a union platform for policy exchanges and mutual - learning between the member states in the employment and social areas . knowledge of the policies carried out in other countries increases the range of options available to policy - makers , triggers innovative policy developments and encourages national reform . ### the union is uniquely placed to provide a union platform for policy exchanges and mutual - learning between the member states via social experimentation at local , regional or national level in the employment and social areas . knowledge of the policies carried out in other countries increases the range of options available to policy - makers , paves the way for innovative policy developments and national reform .


### strengthen ownership of the union objectives in the employment , social and working conditions fields among key union and national policy - makers , as well as other interested parties in order to bring about concrete and coordinated actions at both union and member state level ; ### bring about concrete and coordinated actions in the employment , social , social exclusion and working conditions fields , at both union and member state level , by strengthening ownership among key union and national policy - makers , as well as other interested parties , of the union ' s objectives in these fields and promoting close collaboration with the social partners concerned ;


### modernise union law in line with the smart regulation principles and ensure that union law on matters relating to working conditions is effectively applied ; ### modernise union law in line with the smart regulation principles – and not at the expense of transparency – and ensure that union law on matters relating to working conditions is effectively applied ;


### the eures axis , which shall support activities carried out by the eures network , i . e . the specialist services designated by the eea member states and the swiss confederation , together with other interested parties , to develop information exchanges and dissemination and other forms of cooperation to promote workers’ geographical mobility ; ### the eures axis , which shall support activities carried out by the eures network , i . e . the specialist services designated by the eea member states and the swiss confederation , together with other interested parties , to develop information exchanges and dissemination and other forms of cooperation , such as cross - border partnerships , to promote targeted geographical mobility for workers ;


### eures’ scope should be widened to develop and support targeted mobility schemes at union level with a view to filling vacancies where labour market shortcomings have been identified . in accordance with article 47 of the treaty , the scheme should facilitate mobility among young workers . ### eures’ scope should be widened to develop and support targeted mobility schemes at union level with a view to filling vacancies where labour market shortcomings have been identified and to stepping up and increasing the number of cross - border eures partnership projects . in accordance with article 47 of the treaty , the scheme should facilitate mobility among young workers , without overlooking the importance of helping them find a first job , most often near their home , with a view to offering them the chance of job mobility in the future .


### with a view to regular monitoring of the programme and making any adjustments needed to its policy and funding priorities , the commission shall draw up biennial monitoring reports and send them to the european parliament and the council . such reports shall cover the programme ' s results and the extent to which gender equality and anti - discrimination considerations , including accessibility issues , have been addressed through its activities . ### with a view to regular monitoring of the programme and making any adjustments needed to its policy and funding priorities , the commission shall draw up biennial monitoring reports and send them to the european parliament and the council . such reports shall cover the progress made in the implementation of the programme , the results achieved and the extent to which gender equality and anti - discrimination considerations , including accessibility issues , have been addressed through its activities .


### the remaining 5% shall be apportioned among the axes on an annual basis in line with policy priorities . ### in order to make effective use of the funds and to enable the shifting of funds between the axes in line with policy priorities , the remaining 5 % shall be apportioned among the axes on an annual basis while fully respecting the prerogatives of the budgetary authority in the annual budget .


### in line with the commission communication ' a budget for europe 2020 ' 4 , which recommends rationalising and simplifying the union ' s funding instruments and sharpening their focus both on union added value and on impacts and results , this regulation establishes a european union programme for social change and innovation to provide for the continuation and development of activities carried out on the basis of decision no 1672 / 2006 / ec of the european parliament and of the council of 24 october 2006 establishing a community programme for employment and social solidarity &#8211 ; progress5 , regulation no 492 / 2011 of the european parliament and of the council of 5&#160 ; april 2011 on freedom of movement for workers within the union6 and commission decision 2003 / 8 / ec of 23 december 2002 implementing regulation no 1612 / 1968 as regards the clearance of vacancies and applications for employment7 and decision no&#160 ; 283 / 2010 / eu of the european parliament and of the council of 25&#160 ; march 2010 establishing a european progress microfinance facility for employment and social inclusion . ### in line with the commission communication ' a budget for europe 2020 ' 4 , which recommends rationalising and simplifying the union ' s funding instruments and sharpening their focus both on union added value and on impacts and results , this regulation establishes a european union programme for employment , social progress and innovation to provide for the continuation and development of activities carried out on the basis of decision no 1672 / 2006 / ec of the european parliament and of the council of 24 october 2006 establishing a community programme for employment and social solidarity &#8211 ; progress5 , regulation no 492 / 2011 of the european parliament and of the council of 5&#160 ; april 2011 on freedom of movement for workers within the union6 and commission decision 2003 / 8 / ec of 23 december 2002 implementing regulation no 1612 / 1968 as regards the clearance of vacancies and applications for employment7 and decision no&#160 ; 283 / 2010 / eu of the european parliament and of the council of 25&#160 ; march 2010 establishing a european progress microfinance facility for employment and social inclusion .


### in accordance with articles 45 and 46 of the treaty , regulation no 492 / 2011 lays down provisions intended to achieve freedom of movement for workers by ensuring close cooperation between the member states and with the commission . eures should promote better functioning of the labour markets by facilitating transnational geographical mobility of workers , providing greater transparency on the labour market , ensuring the clearance of vacancies and applications for employment and supporting activities in the areas of recruitment , advice and guidance services at national and cross - border level , thereby contributing to the objectives of the europe 2020 strategy . ### in accordance with articles 45 and 46 of the treaty , regulation no 492 / 2011 lays down provisions intended to achieve freedom of movement for workers by ensuring close cooperation between the member states and with the commission . eures should promote better functioning of the labour markets by facilitating transnational geographical mobility of workers , providing greater transparency on the labour market , and ensuring equal treatment for cross - border workers in both social and tax - related terms , ensuring the clearance of vacancies and applications for employment and supporting activities in the areas of recruitment , advice and guidance services at national and cross - border level , thereby contributing to the objectives of the europe 2020 strategy .


### a performance framework should be defined for each programme with a view to monitoring progress towards the objectives and targets set for each programme over the course of the programming period . the commission should undertake a performance review in cooperation with the member states in 2017 and 2019 . a performance reserve should be foreseen and allocated in 2019 where milestones set in the performance framework have been attained . due to their diversity and multi - country character , there should be no performance reserve for ' european territorial cooperation ' programmes . in cases where the shortfall in the achievement of milestones or targets is significant , the commission should be able to suspend payments to the programme or , at the end of the programming period , apply financial corrections , in order to ensure that the union budget is not used in a wasteful or inefficient way . ### a performance framework should be defined for each programme with a view to monitoring progress towards the objectives and targets set for each programme over the course of the programming period . the commission should undertake a performance review in cooperation with the member states in 2017 and 2019 . due to their diversity and multi - country character , there should be no performance reserve for ' european territorial cooperation ' programmes . in cases where the shortfall in the achievement of milestones or targets is significant , the commission should be able to suspend payments to the programme or , at the end of the programming period , apply financial corrections , in order to ensure that the union budget is not used in a wasteful or inefficient way .


### the commission should adopt by delegated act a common strategic framework which translates the objectives of the union into key actions for the csf funds , in order to provide clearer strategic direction to the programming process at the level of member states and regions . the common strategic framework should facilitate sectoral and territorial coordination of union intervention under the csf funds and with other relevant union policies and instruments . ### a common strategic framework annexed to this regulation will give shape to the objectives of the union , in order to provide clearer strategic direction to the programming process at the level of member states and regions . the common strategic framework should facilitate sectoral and territorial coordination of union intervention under the csf funds and with other relevant union policies and instruments .


### in order to promote the harmonious , balanced and sustainable development of the union , a common strategic framework shall translate the objectives and targets of the union strategy for smart , sustainable and inclusive growth into key actions for the csf funds . ### in order to promote the harmonious , balanced and sustainable development of the union , the common strategic framework as laid down in annex ia shall provide coordination of the csf funds in order to achieve the objectives and targets of the union strategy for smart , sustainable and inclusive growth .


### 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 .


### the commission shall be empowered to adopt a delegated act in accordance with article 142 on the common strategic framework within 3 months of the adoption of this regulation . where there are major changes in the union strategy for smart , sustainable and inclusive growth , the commission shall review and , where appropriate , adopt , by delegated act in accordance with article 142 , a revised common strategic framework . within 6 months of adoption of a revised common strategic framework , member states shall propose amendments , where necessary , to their partnership contract and programmes to ensure their consistency with the revised common strategic framework . ### the common strategic framework is laid down in annex ia . where there are major changes in the union strategy for smart , sustainable and inclusive growth , the commission shall review and , where appropriate , amend , by delegated act in accordance with article 142 , the common strategic framework laid down in annex ia . within 6 months of adoption of a revised common strategic framework , member states shall propose amendments , where necessary , to their partnership contract and programmes to ensure their consistency with the revised common strategic framework .


### where the conditions set out in paragraph 1 are fulfilled , member states shall ensure the following : interest for late payment shall become payable from the day following the date or the end of the period for payment fixed in the contract ; if the date or period for payment is not fixed in the contract , interest for late payment shall become payable automatically within any of the following time limits : 30 days following the date of receipt by the debtor of the invoice or an equivalent request for payment ; if the debtor receives the invoice or the equivalent request for payment earlier than the goods or the services , 30 days after the receipt of the goods or services ; if a procedure of acceptance or verification , by which the conformity of the goods or services with the contract is to be ascertained , is provided for by statute or in the contract and if the debtor receives the invoice or the equivalent request for payment earlier or on the date on which such acceptance or verification takes place , 30 days after that date . 3 . member states shall ensure that the maximum duration of a procedure of acceptance or verification referred to in paragraph 2 shall not exceed 30 days , unless otherwise specified and duly justified in the tender documents and the contract . 4 . member states shall ensure that the period for payment fixed in the contract shall not exceed the time limits provided for in paragraph 2 , unless it is specifically agreed between the debtor and the creditor and is duly justified in the light of particular circumstances such as an objective need to schedule payment over a longer period . 5 . member states shall ensure that when interest for late payment becomes payable , the creditor is entitled to a lump sum compensation equal to 5% of the amount due . this compensation shall be additional to the interest for late payment . ### where the conditions set out in paragraph 1 are fulfilled , member states shall ensure the following : interest for late payment shall become payable from the day following the date or the end of the period for payment fixed in the contract ; if the date or period for payment is not fixed in the contract , interest for late payment shall become payable automatically within any of the following time limits : 45 days following the date of receipt by the debtor of the invoice or an equivalent request for payment ; if the debtor receives the invoice or the equivalent request for payment earlier than the goods or the services , 45 days after the receipt of the goods or services ; if a procedure of acceptance or verification , by which the conformity of the goods or services with the contract is to be ascertained , is provided for by statute or in the contract and if the debtor receives the invoice or the equivalent request for payment earlier or on the date on which such acceptance or verification takes place , 45 days after that date . 4 . member states shall ensure that the period for payment fixed in the contract shall not exceed the time limits provided for in paragraph 2 , unless it is specifically agreed between the debtor and the creditor and is duly justified in the light of particular circumstances such as an objective need to schedule payment over a longer period . the period for payment shall in no event exceed 60 days . 5 . member states shall ensure that when interest for late payment becomes payable , the creditor is entitled to a lump sum compensation which shall be additional to the interest for late payment and to the obligation to compensate for recovery costs . this lump - sum compensation shall amount to 3% of the amount due . after 30 days from the date on which interest for late payment becomes payable , this lump sum compensation shall be increased to 5% of the amount due .


### member states shall ensure that an enforceable title can be obtained , irrespective of the amount of the debt , within 90 calendar days of the lodging of the creditor ' s action or application at the court or other competent authority , provided that the debt or aspects of the procedure are not disputed . 2 . national legislation , regulations and administrative provisions shall apply the same conditions for all creditors who are established in the community . ### member states shall ensure that an enforceable title can be obtained , through an expedited procedure and irrespective of the amount of the debt , within 90 calendar days of the lodging of the creditor ' s action or application at the court or other competent authority , provided that the debt or aspects of the procedure are not disputed . this duty shall be carried out by member states in conformity with their respective national legislation , regulations and administrative provisions . in this respect , creditors shall be given the possibility to have recourse to a widely accessible online claims system . 2 . national legislation , regulations , administrative provisions and the online claims system referred to in paragraph 1 shall apply the same conditions for all creditors who are established in the community .


### it is necessary to ensure that the recovery procedures for unchallenged claims related to late payment in commercial transactions be completed within a short period of time . ### it is necessary to ensure that the recovery procedures for unchallenged claims related to late payment in commercial transactions be completed within a short period of time , with the option of pursuing such claims against businesses and public authorities through a widely accessible online procedure , available under the same conditions for all creditors established in the union , including , without delay , through the european e - justice portal as and when it becomes available .


### late payment constitutes a breach of contract which has been made financially attractive to debtors in most member states by low or no interest rates charged on late payments and / or slow procedures for redress . a decisive shift , including making the exclusion of the right to charge interest an unfair contractual clause and providing for a compensation of creditors for the costs incurred , is necessary to reverse this trend and to ensure that the consequences of late payments are such as to discourage late payment . ### late payment constitutes a breach of contract which has been made financially attractive to debtors in most member states by low or no interest rates charged on late payments and / or slow procedures for redress . a decisive shift to a culture of prompt payment is necessary to reverse this trend and to ensure that the consequences of late payments are such as to discourage late payment . this shift should include providing for compensation of creditors for the costs incurred and making the exclusion of the right to charge interest and the right to compensation for recovery costs unfair contractual terms and unfair commercial practices .


### grossly unfair contractual clauses member states shall provide that a clause in a contract relating to the date for payment , the rate of interest for late payment or recovery costs shall either be unenforceable or shall give rise to a claim for damages if it is grossly unfair to the creditor . in determining whether a clause is grossly unfair to the creditor , all circumstances of the case shall be considered , including good commercial practice and the nature of the product or the service . account shall also be taken of whether the debtor has any objective reason to deviate from the statutory rate of interest or from article 3 , article 4 or article 5 . ### unfair contract terms and practices member states shall provide that a term in a contract or a practice relating to the date or period for payment , the rate of interest for late payment or compensation for recovery costs shall be unenforceable and shall give rise to a claim for damages if it is unfair to the creditor . in determining whether a term or practice is unfair to the creditor , within the meaning of subparagraph 1 , all circumstances of the case shall be considered , including : any gross deviation from good commercial practice , contrary to good faith and fair dealing ; the nature of the product or the service ; and whether the debtor has any objective reason to deviate from the statutory rate of interest or from article 3 , article 4 or article 5 .


### grossly unfair contractual clauses member states shall provide that a clause in a contract relating to the date for payment , the rate of interest for late payment or recovery costs shall either be unenforceable or shall give rise to a claim for damages if it is grossly unfair to the creditor . in determining whether a clause is grossly unfair to the creditor , all circumstances of the case shall be considered , including good commercial practice and the nature of the product or the service . account shall also be taken of whether the debtor has any objective reason to deviate from the statutory rate of interest or from article 3 , article 4 or article 5 . ### unfair contract terms member states shall provide that&#160 ; a term in a contract or commercial practice relating to the date or period for payment , the rate of interest for late payment or compensation for recovery costs shall&#160 ; be&#160 ; unenforceable and shall give rise to a claim for damages if it is unfair to the creditor . if such a term is held to be unfair , the statutory terms will apply unless the national court concerned determines different conditions which are fair . 1a . in determining whether&#160 ; a term or commercial practice is unfair to the creditor , &#160 ; within the meaning of paragraph 1 , all circumstances of the case shall be considered , including : any gross deviation from good commercial practice , contrary to good faith and fair dealing , the nature of the product&#160 ; or the service , whether the debtor has any objective reason to deviate from&#160 ; the statutory rate of interest or from article 3 , article 4 or article 5 , and whether the term or commercial practice mainly serves the purpose of procuring for the debtor any additional liquidity at the expense of the creditor .


### grossly unfair contractual clauses member states shall provide that a clause in a contract relating to the date for payment , the rate of interest for late payment or recovery costs shall either be unenforceable or shall give rise to a claim for damages if it is grossly unfair to the creditor . in determining whether a clause is grossly unfair to the creditor , all circumstances of the case shall be considered , including good commercial practice and the nature of the product or the service . account shall also be taken of whether the debtor has any objective reason to deviate from the statutory rate of interest or from article 3 , article 4 or article 5 . ### unfair contractual clauses and commercial practices member states shall provide that a clause in a contract or commercial practice relating to the date or deadline for payment , the rate of interest for late payment or compensation for recovery costs shall be unenforceable and shall give rise to a claim for damages if it is unfair to the creditor . if such a clause is held to be unfair , the statutory terms shall apply and the national courts shall enjoy the power to rule on the rights and obligations of the parties and the consequences of its ineffectiveness . 1a . in determining whether a clause or a commercial practice is unfair to the creditor within the meaning of the first paragraph , all circumstances of the case shall be considered , including : any serious departure from good commercial practice that is contrary to good faith and fair dealing , the nature of the product or the service , whether the debtor has any objective reason to deviate from the statutory rate of interest or from article 3 , article 4 or article 5 , and whether the clause or commercial practice serves mainly to furnish the debtor with additional income at the expense of the creditor , whether the principal contractor imposes on suppliers and subcontractors terms of payment that cannot be justified on the grounds of the terms from which it benefits itself , or of any other objective reason .


### for the purpose of the first subparagraph , a clause which excludes interest for late payment shall always be considered as grossly unfair . ### for the purpose of paragraph 1 , a term or commercial practice which excludes interest for late payment or compensation for recovery costs , or both , shall always be considered as unfair .


### the means referred to in paragraph 2 shall include provisions whereby representative organisations may take action according to the national law concerned before the courts or before competent administrative bodies on the grounds that clauses are grossly unfair , so that they can apply appropriate and effective means to prevent their continued use . ### the means referred to in paragraph 2 shall include provisions whereby organisations officially recognised as , or having a legitimate interest in , representing enterprises may take action according to the national law concerned before the courts or before competent administrative bodies on the grounds that terms or commercial practices , including in the case of an individual contract , are unfair , so that they can apply appropriate and effective means to prevent their use .


### protecting , conserving and enhancing the eu’s natural capital therefore also requires tackling problems at source through , inter alia , better integration of natural capital objectives into other policies , ensuring that policies are coherent and deliver co - benefits . the greening elements set out in the commission’s reform proposals , notably for eu agriculture , fisheries and cohesion policy , backed by the proposals for greening the eu budget under the multi - annual financial framework 2014 - 2020 are designed to support these objectives . for instance , aquatic ecosystems in rural areas should benefit from the linking of farm payments to compliance with relevant requirements of the wfd as set out in the commission ' s proposals for the reform of the cap . greening of the cap will also promote the environmentally beneficial agricultural practices of crop diversification , the protection of permanent grassland , and the establishment and maintenance of ecologically valuable farmland and forest areas . ### protecting , conserving and enhancing the eu’s natural capital therefore also requires tackling problems at source through , inter alia , better integration of natural capital objectives into other policies , ensuring that policies are coherent and deliver co - benefits . the greening elements set out in the commission’s reform proposals , notably for eu agriculture , fisheries and cohesion policy , backed by the proposals for greening the eu budget under the multi - annual financial framework 2014 - 2020 are designed to support these objectives . for instance , aquatic ecosystems in rural areas should benefit from the linking of farm payments to compliance with relevant requirements of the wfd , once that directive has been implemented in an equivalent manner in all member states , as set out in the commission ' s proposals for the reform of the cap . greening of the cap will also promote the environmentally beneficial agricultural practices of crop diversification , the protection of permanent grassland , and the establishment and maintenance of ecologically valuable farmland and forest areas .


### protecting , conserving and enhancing the eu’s natural capital therefore also requires tackling problems at source through , inter alia , better integration of natural capital objectives into other policies , ensuring that policies are coherent and deliver co - benefits . the greening elements set out in the commission’s reform proposals , notably for eu agriculture , fisheries and cohesion policy , backed by the proposals for greening the eu budget under the multi - annual financial framework 2014 - 2020 are designed to support these objectives . for instance , aquatic ecosystems in rural areas should benefit from the linking of farm payments to compliance with relevant requirements of the wfd as set out in the commission ' s proposals for the reform of the cap . greening of the cap will also promote the environmentally beneficial agricultural practices of crop diversification , the protection of permanent grassland , and the establishment and maintenance of ecologically valuable farmland and forest areas . ### protecting , conserving and enhancing the eu’s natural capital therefore also requires tackling problems at source through , inter alia , better integration of natural capital objectives into other policies , ensuring that policies are coherent and deliver co - benefits . the greening elements set out in the commission’s reform proposals , notably for eu agriculture , fisheries and cohesion policy , backed by the proposals for greening the eu budget under the multi - annual financial framework 2014 - 2020 are designed to support these objectives . for instance , aquatic ecosystems in rural areas should benefit from the linking of farm payments to compliance with objective and measurable criteria of the wfd . greening of the cap will also promote the environmentally beneficial agricultural practices of crop diversification , the protection of permanent grassland , and the establishment and maintenance of ecologically valuable farmland and forest areas . an essential element in this sustainable agriculture is farming in a spirit of responsibility for future generations which at the same time makes sparing use of resources and is productive .


### protecting , conserving and enhancing the eu’s natural capital therefore also requires tackling problems at source through , inter alia , better integration of natural capital objectives into other policies , ensuring that policies are coherent and deliver co - benefits . the greening elements set out in the commission’s reform proposals , notably for eu agriculture , fisheries and cohesion policy , backed by the proposals for greening the eu budget under the multi - annual financial framework 2014 - 2020 are designed to support these objectives . for instance , aquatic ecosystems in rural areas should benefit from the linking of farm payments to compliance with relevant requirements of the wfd as set out in the commission ' s proposals for the reform of the cap . greening of the cap will also promote the environmentally beneficial agricultural practices of crop diversification , the protection of permanent grassland , and the establishment and maintenance of ecologically valuable farmland and forest areas . ### protecting , conserving and enhancing the eu’s natural capital therefore also requires tackling problems at source through , inter alia , better integration of natural capital objectives into other policies , ensuring that policies are coherent and deliver co - benefits . the greening elements set out in the reform proposals , notably for eu agriculture , fisheries and cohesion policy , backed by the proposals for greening the eu budget under the multi - annual financial framework 2014 - 2020 are designed to support these objectives . aquatic ecosystems in rural areas should benefit from the final transposition of the wfd . further greening of the cap will also promote environmentally beneficial agricultural practices in connection with direct payments and with rural development programmes .


### industry ' s uptake of the best available techniques under the industrial emissions directive will deliver improved resource use patterns and reduced emissions for over 50 000 major industrial installations in the eu , thus making a significant contribution to stimulating the development of innovative techniques , greening the economy and reducing costs for industry in the longer term . ### industry ' s uptake of the best available techniques under the industrial emissions directive will deliver improved resource use patterns and reduced emissions for over 50 000 major industrial installations in the eu , thus making a significant contribution to stimulating the development of innovative techniques , greening the economy and reducing costs for industry in the longer term . at the same time the creation of short supply chains and local markets for agricultural products can significantly reduce co2 emissions from the transport of food . short supply routes provide more fresh and healthy food .


### to reduce the most significant man - made pressures on land , soil and other ecosystems in europe , action will be taken to ensure that decisions relating to land use at all relevant levels give proper consideration to environmental as well as social and economic impacts . the rio + 20 summit outcome called for a ' land degradation neutral world ' . the eu and member states should reflect on how best to make such a commitment operational within their respective competencies as well as to address soil quality issues within a binding legal framework . targets will also be set for sustainable land use and soil . ### to reduce the most significant man - made pressures on land , soil and other ecosystems in europe , action will be taken at national level to ensure that decisions relating to land use at all relevant levels give proper consideration to environmental as well as social and economic impacts . the rio + 20 summit outcome called for a ' land degradation neutral world ' . such a commitment could best be honoured within the member states . in view of the subsidiarity principle , soil quality issues can best be addressed within binding legal frameworks at the level of the member states . targets will also be set for sustainable land use and soil .


### the use by a farmer of protected livestock for farming purposes , on condition that the breeding animals or other animal reproductive material were sold or otherwise commercialised to the farmer by the patent proprietor or with his / her consent . such use includes the provision of the animal or other animal reproductive material for the purposes of his / her agricultural activity , but not the sale in the framework of or for the purpose of commercial reproductive activity ; ### the use of an animal or animal reproductive material by a farmer for an agricultural purpose , where there has been a sale by the proprietor of the patent or with his consent to the farmer of breeding stock or other animal reproductive material which constitutes or contains the patented invention . this does not include any sale within the framework of or for the purpose of commercial reproduction activity ;


### not later than six years from the date on which the first european patent with unitary effect takes effect in the territories of the participating member states , the commission shall present to the council a report on the operation of this regulation and , where necessary , make appropriate proposals for amending it . subsequent reports on the operation of this regulation shall be presented by the commission every six years . ### not later than six years from the date on which the first european patent with unitary effect takes effect in the territories of the participating member states , the commission shall present to the european parliament and the council a report on the operation of this regulation and , where necessary , make appropriate proposals for amending it . subsequent reports on the operation of this regulation shall be presented by the commission every six years .


### patent proprietors should pay one common annual renewal fee for european patents with unitary effect . renewal fees should be progressive throughout the term of the patent protection and , together with the fees to be paid to the european patent organisation during the pre - grant stage , should cover all costs associated with the grant of the european patent and the administration of the unitary patent protection . the level of the renewal fees should be fixed with the aim of facilitating innovation and fostering the competitiveness of european businesses . it should also reflect the size of the market covered by the patent and be similar to the level of the national renewal fees for an average european patent taking effect in the participating member states at the time where the level of the renewal fees is first fixed by the commission . ### patent proprietors should pay one common annual renewal fee for european patents with unitary effect . renewal fees should be progressive throughout the term of the patent protection and , together with the fees to be paid to the european patent organisation during the pre - grant stage , should cover all costs associated with the grant of the european patent and the administration of the unitary patent protection . the level of the renewal fees should be fixed with the aim of facilitating innovation and fostering the competitiveness of european businesses and should take into account the specific situation of small and medium - sized enterprises in the form of lower fees . it should also reflect the size of the market covered by the patent and be similar to the level of the national renewal fees for an average european patent taking effect in the participating member states at the time where the level of the renewal fees is first fixed .


### member states shall take the necessary measures to ensure that the intentional conduct referred to in paragraphs 2 to 5 is punishable . ### since criminal law systems are an integral aspect of the legal order of each individual member state , member states shall take the necessary measures to ensure that the forms of intentional conduct described below are laid down in law as criminal offences and , in accordance with their systems of criminal penalties , are punished by means of the imposition of sentences which reflect their seriousness .


### member states shall take the necessary measures to ensure that the following intentional conduct is punishable : ### member states shall take the necessary measures to prevent or prohibit the following forms of intentional conduct and lay them down in law as criminal offences and , in accordance with their systems of criminal penalties , punish them by means of the imposition of sentences which reflect their seriousness :


### member states shall take the necessary measures to ensure that the following intentional conduct is punishable : the proposal , by means of information and communication technology , by an adult to meet a child who has not reached the age of sexual consent under national law , for the purpose of committing any of the offences referred to in articles 3 and article 5 , where this proposal has been followed by material acts leading to such a meeting , shall be punishable by a maximum term of imprisonment of at least two years . ### member states shall take the necessary measures to ensure that the following intentionally committed conduct is punishable and that , in accordance with their system of criminal penalties , the crime is punished by means of the imposition of a sentence which reflects its seriousness : the proposal , by means of information and communication technology , by an adult to meet a person who has not reached the age of sexual consent under national law , for the purpose of committing any of the offences referred to in articles 3 and article 5 , where this proposal has been followed by material acts leading to such a meeting .


### child pornography , which constitutes sex abuse images , is a specific type of content which cannot be construed as the expression of an opinion . to combat it , it is necessary to reduce the circulation of child abuse material by making it more difficult for offenders to upload such content onto the publicly accessible web . action is therefore necessary to remove the content at source and apprehend those guilty of making distributing or downloading child abuse images . the eu , in particular through increased cooperation with third countries and international organisations , should seek to facilitate the effective removal by third country authorities of websites containing child pornography , which are hosted in their territory . however as , despite such efforts , the removal of child pornography content at its source proves to be difficult where the original materials are not located within the eu , mechanisms should also be put in place to block access from the union ' s territory to internet pages identified as containing or disseminating child pornography . for that purpose , different mechanisms can be used as appropriate , including facilitating the competent judicial or police authorities to order such blocking , or supporting and stimulating internet service providers on a voluntary basis to develop codes of conduct and guidelines for blocking access to such internet pages . both with a view to the removal and the blocking of child abuse content , cooperation between public authorities should be established and strengthened , particularly in the interest of ensuring that national lists of websites containing child pornography material are as complete as possible and of avoiding duplication of work . any such developments must take account of the rights of the end users , adhere to existing legal and judicial procedures and comply with the european convention on human rights and the charter of fundamental rights of the european union . the safer internet programme has set up a network of hotlines whose goal is to collect information and to ensure coverage and exchange of reports on the major types of illegal content online . ### child pornography , which constitutes sex abuse images , is a specific type of content which cannot be construed as the expression of an opinion . to combat it , it is necessary to reduce the circulation of child abuse material by making it more difficult for offenders to upload such content onto the publicly accessible web . action is therefore necessary to remove the content at source as quickly as possible as well as to apprehend and take action against those who are under strong suspicion of making , distributing or downloading child abuse images . the eu , in particular through increased cooperation with third countries and with the help of bilateral or multilateral agreements , should seek to facilitate the effective removal of internet pages containing or disseminating child abuse material as well as facilitate the criminal prosecution by third country authorities of persons in their territory who placed child abuse material on websites or caused its distribution over the internet . however as , despite such efforts , the removal of child pornography content at its source proves to be difficult where the original materials are not located within the eu , member states may implement additional measures to restrict access by internet users in their territory to internet pages containing or disseminating child abuse material . for that purpose , different mechanisms can be used as appropriate , including facilitating the competent judicial or police authorities to order additional measures , such as blocking , or supporting and stimulating internet service providers on a voluntary basis to develop codes of conduct and guidelines for restricting access to such internet pages . all technical measures to eliminate or restrict access to internet pages containing or disseminating child abuse material should be subject to a strengthened cooperation between public authorities , particularly in the interest of ensuring that national lists of websites containing child pornography material are as complete as possible and of avoiding duplication of work . any such measures must respect the rights of the end users , adhere to existing legal and judicial procedures and comply with the european convention on human rights and the charter of fundamental rights of the european union . the safer internet programme has set up a network of hotlines whose goal is to collect information and to ensure coverage and exchange of reports on the major types of illegal content online .


### child pornography , which constitutes sex abuse images , is a specific type of content which cannot be construed as the expression of an opinion . to combat it , it is necessary to reduce the circulation of child abuse material by making it more difficult for offenders to upload such content onto the publicly accessible web . action is therefore necessary to remove the content at source and apprehend those guilty of making distributing or downloading child abuse images . the eu , in particular through increased cooperation with third countries and international organisations , should seek to facilitate the effective removal by third country authorities of websites containing child pornography , which are hosted in their territory . however as , despite such efforts , the removal of child pornography content at its source proves to be difficult where the original materials are not located within the eu , mechanisms should also be put in place to block access from the union’s territory to internet pages identified as containing or disseminating child pornography . for that purpose , different mechanisms can be used as appropriate , including facilitating the competent judicial or police authorities to order such blocking , or supporting and stimulating internet service providers on a voluntary basis to develop codes of conduct and guidelines for blocking access to such internet pages . both with a view to the removal and the blocking of child abuse content , cooperation between public authorities should be established and strengthened , particularly in the interest of ensuring that national lists of websites containing child pornography material are as complete as possible and of avoiding duplication of work . any such developments must take account of the rights of the end users , adhere to existing legal and judicial procedures and comply with the european convention on human rights and the charter of fundamental rights of the european union . the safer internet programme has set up a network of hotlines whose goal is to collect information and to ensure coverage and exchange of reports on the major types of illegal content online . ### the depiction of sexual acts involving persons under the age of 18 years constitutes a type of content whose making , dissemination , reproduction or purchase are not protected as fundamental rights . the use of the term ' depiction of sexual acts ' is intended to widen the concept of abuse to cover all sexual acts involving persons under the age of 18 years , even in cases where the latter are forced to perform the acts on themselves . action is therefore necessary to remove the content at source as quickly as possible and apprehend and subject to the due process of law those guilty of making distributing or downloading such content . the eu , in particular through increased cooperation with third countries and international organisations and on the basis of bilateral or multilateral agreements , should seek to facilitate the effective removal by third country authorities of websites containing depictions of sexual acts involving persons under the age of 18 years , which are hosted in their territory . cooperation with the international association of internet hotlines should be stepped up . in order to avoid duplication of work , cooperation between public authorities should be established and strengthened . any such developments must take account of the rights of the end users , adhere to existing legal and judicial procedures and comply with the european convention on human rights and the charter of fundamental rights of the european union . the safer internet programme has set up a network of hotlines whose goal is to collect information and to ensure coverage and exchange of reports on the major types of illegal content online .


### member states shall take the necessary measures to ensure that attempts to commit any of the offences referred to in article 3 to , and with regard to witnessing sexual abuse ; article 4 to and to ; and article 5 and to is punishable . ### member states shall take the necessary measures to ensure that attempts to commit any of the offences referred to in article 3 to , and with regard to witnessing sexual abuse ; article 4 to and to ; and article 5 and to are laid down in law as criminal offences and , in accordance with their systems of criminal penalties , are punished by means of the imposition of sentences which reflect their seriousness .


### the provisions of article 3 , with regard to witnessing sexual activities , and ; article 4 and and article 5 do not govern consensual sexual activities between children or involving persons who are close in age and degree of psychological and physical development or maturity , insofar as the acts did not involve any abuse . ### at the discretion of the courts on a case by case basis and in accordance with national provisions for the implementation of the law concerning the age of sexual consent , the provisions of article 3 , with regard to witnessing sexual activities , and , article 4 and and article 5 may be waived for consensual sexual activities between children or involving persons who are close in age and degree of psychological and physical development or maturity , insofar as the acts did not involve any abuse , including that defined in article 3 and .


### without prejudice to the above , member states shall take the necessary measures to obtain the removal of internet pages containing or disseminating child pornography . ### other measures to prevent such content from becoming available , such as internet blocking mechanisms , shall be a matter for the member states . they may be taken only once all measures to secure the removal of content have been exhausted and it is clear , on that basis , that removal is impossible . in addition , the measures must be confined to what is strictly necessary , shall be subject to review by a judge , and the persons affected by such a measure shall be informed of the reasons for the decision . persons affected shall have the right to seek legal remedy .


### engaging in sexual activities with a child , where recourse is made to child prostitution shall be punishable by a maximum term of imprisonment of at least five years . ### any individual who engages in sexual activities with a person under the age of 18 years and in exchange offers or promises money or other forms of remuneration or consideration , regardless of whether this payment , promise or consideration is made to the person under the age of 18 years or to a third party , shall be guilty of intentional conduct within the meaning of paragraph 1 .


### causing a child to participate in child prostitution shall be punishable by a maximum term of imprisonment of at least five years . ### any individual who causes a person under the age of 18 years to become involved in sexual activities or who exploits that involvement where money or other forms of remuneration or consideration are given or promised in exchange , regardless of whether this payment , promise or consideration is made to the person under the age of 18 years or to a third party , shall be guilty of intentional conduct within the meaning of paragraph 1 .


### member states shall take the necessary measures to encourage any person who knows about or suspects , in good faith , offences referred to in articles 3 to 7 to report these facts to the competent services . ### member states shall take the necessary measures to encourage any person who knows about or suspects , in good faith , offences referred to in articles 3 to 7 to report these facts to the competent services . member states shall ensure that such persons can be held criminally liable for failure to assist a person in danger .


### recruiting a child to participate in child prostitution shall be punishable by a maximum term of imprisonment of at least eight years . ### any individual who recruits or forces a person under the age of 18 years to become involved in sexual activities where money or other forms of remuneration or consideration are given or promised in exchange , regardless of whether this payment , promise or consideration is made to the person under the age of 18 years or to a third party , shall be guilty of intentional conduct within the meaning of paragraph 1 .


### member states shall take the necessary measures to ensure that the instigation of , aiding and abetting to commit any of the offences referred to in articles 3 to 6 is punishable . ### member states shall take the necessary measures to ensure that the instigation of , aiding and abetting to commit any of the offences referred to in articles 3 to 6 are laid down in law as criminal offences and , in accordance with their systems of criminal penalties , are punished by means of the imposition of sentences which reflect their seriousness .


### coercing a child into sexual activities with a third party shall be punishable by a maximum term of imprisonment of at least ten years . ### coercing a person under the age of 18 years into sexual activities with a third party constitutes conduct as referred to in paragraph 1 .


### causing , for sexual purposes , a child who has not reached the age of sexual consent under national law to witness sexual abuse or sexual activities , even without having to participate , shall be punishable by a maximum term of imprisonment of at least two years . ### causing , for sexual purposes , a person who has not reached the age of sexual consent under national law to witness sexual abuse or sexual activities , even without having to participate , shall constitute conduct as referred to in paragraph 1 .


### member states shall provide for the possibility of not prosecuting or imposing penalties on child victims of the offences referred to in articles 4 and article 5 to for their involvement in unlawful activities as a direct consequence of being subjected to those offences . ### member states shall , in accordance with the basic principles of their legal systems , take the necessary measures to ensure that competent national authorities are entitled not to prosecute or impose penalties on child victims of the offences referred to in articles 4 and article 5 to for their involvement in unlawful activities as a direct consequence of being subjected to those offences .


### measures to protect child victims should be adopted in their best interest , taking into account an assessment of their needs . child victims should have easy access to legal remedies , including free legal counselling and representation and measures to address conflicts of interest where abuse occurs in the family . moreover , child victims should be protected from sanctions , for example under national legislation on immigration or prostitution , if they bring their case to the attention of competent authorities . furthermore , participation in criminal proceedings by child victims should not cause additional trauma as a result of interviews or visual contact with offenders . ### measures to protect child victims and measures to adapt the justice system dealing with them should be adopted in their best interest , taking into account an assessment of their needs and of their right to be protected against the risk of repeated victimisation , especially through violation of their privacy , and giving their opinions and views due weight , as envisaged , for example , in the un guidelines on justice in matters involving child victims and witnesses of crime and in the guidelines of the committee of ministers of the council of europe on child friendly justice . child victims should have easy access to legal remedies , including free legal counselling and representation and measures to address conflicts of interest where abuse occurs in the family . in that regard , child victims , and their parents if not implicated in the alleged abuse , should be fully informed about their rights , the services at their disposal , the progress and outcome of the proceedings , and legal counselling and representation should also be provided for claiming compensation . furthermore , provisions should be made for non - implicated parents or guardians to receive adequate help and training in order to assist their child throughout the proceedings and the recovery period . moreover , child victims should be protected from sanctions , for example under national legislation on immigration or prostitution , if they bring their case to the attention of competent authorities . furthermore , participation in criminal proceedings by child victims should not cause additional trauma as a result of interviews or visual contact with offenders .


### member states shall take the necessary measures to ensure that the intentional conduct referred to in paragraphs 2 to 6 is punishable . ### since criminal law systems are an integral aspect of the legal order of each individual member state , member states shall take the necessary measures to ensure that the forms of intentional conduct described below are laid down in law as criminal offences and , in accordance with their systems of criminal penalties , are punished by means of the imposition of sentences which reflect their seriousness .


### member states shall take the necessary measures to ensure that the intentional conduct referred to in paragraphs 2 to 5 is punishable . ### since criminal law systems are an integral aspect of the legal order of each individual member state , member states shall take the necessary measures to ensure that the forms of intentional conduct described below are laid down in law as criminal offences and , in accordance with their systems of criminal penalties , are punished by means of the imposition of sentences which reflect their seriousness .


### engaging in sexual activities with a child who has not reached the age of sexual consent under national law shall be punishable by a maximum term of imprisonment of at least five years . ### engaging in sexual activities with a person who has not reached the age of sexual consent under national law shall constitute conduct as referred to in paragraph 1 .


### member states shall take the necessary measures to ensure that the intentional conduct referred to in paragraphs 2 to 11 is punishable . ### since criminal law systems are an integral aspect of the legal order of each individual member state , member states shall take the necessary measures to ensure that the forms of intentional conduct described below are laid down in law as criminal offences and , in accordance with their systems of criminal penalties , are punished by means of the imposition of sentences which reflect their seriousness .


### member states shall take the necessary measures to ensure that the following intentional conduct is punishable : ### member states shall take the necessary measures to prevent or prohibit the following forms of intentional conduct and lay them down in law as criminal offences and , in accordance with their systems of criminal penalties , punish them by means of the imposition of sentences which reflect their seriousness :


### child pornography , which constitutes sex abuse images , is a specific type of content which cannot be construed as the expression of an opinion . to combat it , it is necessary to reduce the circulation of child abuse material by making it more difficult for offenders to upload such content onto the publicly accessible web . action is therefore necessary to remove the content at source and apprehend those guilty of making distributing or downloading child abuse images . the eu , in particular through increased cooperation with third countries and international organisations , should seek to facilitate the effective removal by third country authorities of websites containing child pornography , which are hosted in their territory . however as , despite such efforts , the removal of child pornography content at its source proves to be difficult where the original materials are not located within the eu , mechanisms should also be put in place to block access from the union ' s territory to internet pages identified as containing or disseminating child pornography . for that purpose , different mechanisms can be used as appropriate , including facilitating the competent judicial or police authorities to order such blocking , or supporting and stimulating internet service providers on a voluntary basis to develop codes of conduct and guidelines for blocking access to such internet pages . both with a view to the removal and the blocking of child abuse content , cooperation between public authorities should be established and strengthened , particularly in the interest of ensuring that national lists of websites containing child pornography material are as complete as possible and of avoiding duplication of work . any such developments must take account of the rights of the end users , adhere to existing legal and judicial procedures and comply with the european convention on human rights and the charter of fundamental rights of the european union . the safer internet programme has set up a network of hotlines whose goal is to collect information and to ensure coverage and exchange of reports on the major types of illegal content online . ### child pornography , which constitutes sex abuse images , is a specific type of content which cannot be construed as the expression of an opinion . to combat it , it is necessary to reduce the circulation of child abuse material by making it more difficult for offenders to upload such content onto the publicly accessible web . action is therefore necessary to remove the content at source as quickly as possible as well as to apprehend and take action against those who are under strong suspicion of making , distributing or downloading child abuse images . the eu , in particular through increased cooperation with third countries and with the help of bilateral or multilateral agreements , should seek to facilitate the effective removal of internet pages containing or disseminating child abuse material as well as facilitate the criminal prosecution by third country authorities of persons in their territory who placed child abuse material on websites or caused its distribution over the internet . however as , despite such efforts , the removal of child pornography content at its source proves to be difficult where the original materials are not located within the eu , member states may implement additional measures to restrict access by internet users in their territory to internet pages containing or disseminating child abuse material . for that purpose , different mechanisms can be used as appropriate , including facilitating the competent judicial or police authorities to order additional measures , such as blocking , or supporting and stimulating internet service providers on a voluntary basis to develop codes of conduct and guidelines for restricting access to such internet pages . all technical measures to eliminate or restrict access to internet pages containing or disseminating child abuse material should be subject to a strengthened cooperation between public authorities , particularly in the interest of ensuring that national lists of websites containing child pornography material are as complete as possible and of avoiding duplication of work . any such measures must respect the rights of the end users , adhere to existing legal and judicial procedures and comply with the european convention on human rights and the charter of fundamental rights of the european union . the safer internet programme has set up a network of hotlines whose goal is to collect information and to ensure coverage and exchange of reports on the major types of illegal content online .


### profiting from or otherwise exploiting a child participating in pornographic performances shall be punishable by a maximum term of imprisonment of at least two years . ### profiting from or otherwise exploiting a person under the age of 18 years participating in pornographic performances constitutes conduct as referred to in paragraph 1 .


### child pornography , which constitutes sex abuse images , is a specific type of content which cannot be construed as the expression of an opinion . to combat it , it is necessary to reduce the circulation of child abuse material by making it more difficult for offenders to upload such content onto the publicly accessible web . action is therefore necessary to remove the content at source and apprehend those guilty of making distributing or downloading child abuse images . the eu , in particular through increased cooperation with third countries and international organisations , should seek to facilitate the effective removal by third country authorities of websites containing child pornography , which are hosted in their territory . however as , despite such efforts , the removal of child pornography content at its source proves to be difficult where the original materials are not located within the eu , mechanisms should also be put in place to block access from the union ' s territory to internet pages identified as containing or disseminating child pornography . for that purpose , different mechanisms can be used as appropriate , including facilitating the competent judicial or police authorities to order such blocking , or supporting and stimulating internet service providers on a voluntary basis to develop codes of conduct and guidelines for blocking access to such internet pages . both with a view to the removal and the blocking of child abuse content , cooperation between public authorities should be established and strengthened , particularly in the interest of ensuring that national lists of websites containing child pornography material are as complete as possible and of avoiding duplication of work . any such developments must take account of the rights of the end users , adhere to existing legal and judicial procedures and comply with the european convention on human rights and the charter of fundamental rights of the european union . the safer internet programme has set up a network of hotlines whose goal is to collect information and to ensure coverage and exchange of reports on the major types of illegal content online . ### child sexual abuse material , which constitutes sex abuse images , is a specific type of content which cannot be construed as the expression of an opinion . to combat it , it is necessary to reduce the circulation of child sexual abuse material by making it more difficult for offenders to upload such content onto the publicly accessible web by avoiding inefficient technical measures which not only leave the illegal material online but also lead to the re - victimisation of abused children . action is therefore necessary to remove the content at source as quickly as possible , as well as to take action against those who are under strong suspicion of making , distributing or downloading child sexual abuse material . the eu , in particular through increased cooperation with third countries and with the help of bilateral or multilateral agreements , should seek to facilitate the effective removal and concurrent criminal prosecution by third country authorities of persons in their territory who placed child sexual abuse material on websites or caused its distribution over the internet . for that purpose it is necessary to use the results of safer internet programme , support and stimulate the internet service provider , as well as cooperate with the relevant ngos and associations , like the association of internet hotlines . cooperation between the initiatives , public authorities and the internet service providers industry should be established and strengthened to coordinate and expedite communication of notices , take - down efforts and evidence gathering for prosecution . any such measures must respect the rights of the end users , be introduced by law , comply with judicial procedures and comply with the european convention on human rights and the charter of fundamental rights of the european union .


### engaging in sexual activities with a child , where recourse is made to child prostitution shall be punishable by a maximum term of imprisonment of at least five years . ### any individual who engages in sexual activities with a person under the age of 18 years and in exchange offers or promises money or other forms of remuneration or consideration , regardless of whether this payment , promise or consideration is made to the person under the age of 18 years or to a third party , shall be guilty of intentional conduct within the meaning of paragraph 1 .


### member states shall take the necessary measures to ensure that effective intervention programmes or measures are made available with a view to preventing and minimising the risks of repeated offences of a sexual nature against children . these programmes or measures shall be accessible at any time during the criminal proceedings , inside and outside prison , according to the conditions laid down in national law . ### member states shall take the necessary measures to ensure that effective intervention programmes or measures are made available with a view to preventing and minimising the risks of repeated offences of a sexual nature against children .


### article 21 blocking access to websites containing child pornography member states shall take the necessary measures to obtain the blocking of access by internet users in their territory to internet pages containing or disseminating child pornography . the blocking of access shall be subject to adequate safeguards in particular to ensure that the blocking is limited to what is necessary , that users are informed of the reason for the blocking and that content providers , as far as possible , are informed of the possibility of challenging it . ### article 21 measures in connection with information and communication services member states shall take the necessary measures to obtain the immediate removal of depictions of sexual acts involving persons under the age of 18 years in information and communication services . the removal of such content shall be undertaken in accordance with national procedures and with adequate safeguards to ensure that it is confined to what is strictly necessary . in addition , the european union shall conduct negotiations with third countries with the aim of securing the prompt removal of such content from servers on their territory . furthermore , the member states and institutions of the union and europol shall step up cooperation with international hotlines , such as inhope , with the aim of securing the prompt removal of such content .


### member states shall take the necessary measures to obtain the blocking of access by internet users in their territory to internet pages containing or disseminating child pornography . the blocking of access shall be subject to adequate safeguards , in particular to ensure that the blocking is limited to what is necessary , that users are informed of the reason for the blocking and that content providers , as far as possible , are informed of the possibility of challenging it . ### member states shall take the necessary measures to obtain the immediate removal of depictions of sexual acts involving persons under the age of 18 years in information and communication services . the removal of such content shall be undertaken in accordance with national procedures and with adequate safeguards to ensure that it is confined to what is strictly necessary . in addition , the european union shall conduct negotiations with third countries with the aim of securing the prompt removal of such content from servers on their territory . furthermore , the member states and institutions of the union and europol shall step up cooperation with international hotlines , such as inhope , with the aim of securing the prompt removal of such content .


### causing a child to participate in child prostitution shall be punishable by a maximum term of imprisonment of at least five years . ### any individual who causes a person under the age of 18 years to become involved in sexual activities or who exploits that involvement where money or other forms of remuneration or consideration are given or promised in exchange , regardless of whether this payment , promise or consideration is made to the person under the age of 18 years or to a third party , shall be guilty of intentional conduct within the meaning of paragraph 1 .


### article 42a shall be amended as follows : in the second sentence of the first paragraph , the word ' institutions ' shall be replaced by ' appointing authority of each institution ' ; in the last sentence of the third paragraph , the word ' adapted ' shall be replaced by ' updated ' ; ### article 42a shall be amended as follows : the first paragraph shall be replaced by the following : ' an official shall be entitled to up to six months of parental leave without basic salary for every child , to be taken during the first twelve years after the birth or adoption of the child . the duration of the leave may be doubled for single parents recognised under general implementing provisions adopted by the institutions and parents of dependent children with a disability or a severe illness recognised by the medical officer . the minimum leave taken at any one time shall not be less than one month . ' ; the third paragraph shall be replaced by the following : ' the allowance shall be eur 1 215 . 63 per month , or 50 % of such sum if the official is on half - time leave , for the single parents and parents of dependent children with a disability or a severe illness recognised by the medical officer referred to in the first paragraph and during the first three months of parental leave where such leave is taken by the father during maternity leave or by either parent immediately after maternity leave or during or immediately after adoption leave . the amounts mentioned in this article shall be adapted in line with remuneration . ' ;


### it is removed from the registry pursuant to the provisions in article 22 or or in accordance with article 7 . ### it is removed from the registry .


### a european political party or a european political foundation in one of the cases provided for under paragraph 1 points , or shall have any ongoing decision on union funding received under this regulation withdrawn or any ongoing agreement on such funding terminated and any unspent union funding recovered , including any unspent union funds from previous years . ### any ongoing decision on union funding received under this regulation or any ongoing agreement on such funding shall lapse when legal status is withdrawn , and any unspent union funding shall be recovered , including any unspent union funds from previous years .


### before taking a final decision related to any of the penalties in article 22 , the european parliament shall give the european political party or the european political foundation concerned the opportunity to present its observations and , where relevant and appropriate , to introduce the measures required to remedy the situation within a reasonable time period . ### before a final decision related to any of the penalties in article 22 is taken , it shall give the european political party or the european political foundation concerned the opportunity to present its observations and , where relevant and appropriate , to introduce the measures required to remedy the situation within a reasonable time period .


### financial contributions or grants from the general budget of the european union may not exceed 90% of the annual reimbursable expenditure of a european political party and 95% of the annual eligible costs indicated in the budget of a european political foundation . european political parties may use any unused part of the eu contribution awarded to cover reimbursable expenditure within the following two financial years after its award . amounts unused following those two financial years shall be recovered in accordance with the financial regulation . ### financial contributions or grants from the general budget of the european union may not exceed 90% of the annual reimbursable expenditure of a european political party and 95% of the annual eligible costs indicated in the budget of a european political foundation . european political parties and their affiliated european political foundations may use any unused part of the eu contribution or grant awarded to cover reimbursable expenditure within the following two financial years after its award . amounts unused following those two financial years shall be recovered in accordance with the financial regulation .


### it must be represented , in at least one quarter of the member states , by members of the european parliament or in the national parliaments , regional parliaments or regional assemblies , or ### it or its member parties must be represented , in at least one quarter of the member states , by members of the european parliament , or by members of national parliaments or by members of regional parliaments or assemblies , or


### the european political party and the european political foundation shall have full legal recognition and capacity in all member states . ### the european political party and the european political foundation shall have full legal capacity in all member states .