### in accordance with the financial regulation21 , regulation no 883 / 2013 of the european parliament and of the council22 , council regulation no 2988 / 9523 , council regulation no 2185 / 9624 and council regulation 2017 / 193925 , the financial interests of the union are to be protected through proportionate measures , including the prevention , detection , correction and investigation of irregularities and fraud , the recovery of funds lost , wrongly paid or incorrectly used and , where appropriate , the imposition of administrative sanctions . in particular , in accordance with regulation no 883 / 2013 and regulation no 2185 / 96 , the european anti - fraud office may carry out administrative investigations , including on - the - spot checks and inspections , with a view to establishing whether there has been fraud , corruption or any other criminal offences affecting the financial interests of the union . in accordance with regulation 2017 / 1939 , the european public prosecutor’s office may investigate and prosecute fraud and other illegal activities affecting the financial interests of the union as provided for in directive 2017 / 1371 of the european parliament and of the council26 . in accordance with the financial regulation , any person or entity receiving union funds is to cooperate fully in the protection of the union’s financial interests to grant the necessary rights and access to the commission , olaf and the european court of auditors and to ensure that any third parties involved in the implementation of union funds grant equivalent rights . _________________ 21 oj c , , p . . 22 oj c , , p . . 23 council regulation no 2988 / 95 of 18 december 1995 on the protection of the european communities’ financial interests . 24 oj c , , p . . 25 council regulation 2017 / 1371 of 12 october 2017 implementing enhanced cooperation on the establishment of the european public prosecutor’s office . 26 directive 2017 / 1371 of the european parliament and of the council of 5 july 2017 on the fight against fraud to the union’s financial interests by means of criminal law . ### in accordance with the financial regulation21 , regulation no 883 / 2013 of the european parliament and of the council22 , council regulation no 2988 / 9523 , council regulation no 2185 / 9624 and council regulation 2017 / 193925 , the financial interests of the union are to be protected through proportionate measures , including the prevention , detection , correction and investigation of irregularities and fraud , the recovery of funds lost , wrongly paid or incorrectly used and , where appropriate , the imposition of administrative sanctions . in particular , in accordance with regulation no 883 / 2013 and regulation no 2185 / 96 , the european anti - fraud office may carry out administrative investigations , including on - the - spot checks and inspections , with a view to establishing whether there has been fraud , corruption or any other criminal offences affecting the financial interests of the union . in accordance with regulation 2017 / 1939 , the european public prosecutor’s office may investigate and prosecute fraud and other illegal activities affecting the financial interests of the union as provided for in directive 2017 / 1371 of the european parliament and of the council26 . in accordance with the financial regulation , any person or entity receiving union funds is to cooperate fully in the protection of the union’s financial interests to grant the necessary rights and access to the commission , olaf and the european court of auditors and to ensure that any third parties involved in the implementation of union funds grant equivalent rights . the results of investigations into irregularities or fraud in relation to the fund should be made available to the european parliament . _________________ 21 oj c , , p . . 22 oj c , , p . . 23 council regulation no 2988 / 95 of 18 december 1995 on the protection of the european communities’ financial interests . 24 oj c , , p . . 25 council regulation 2017 / 1371 of 12 october 2017 implementing enhanced cooperation on the establishment of the european public prosecutor’s office . 26 directive 2017 / 1371 of the european parliament and of the council of 5 july 2017 on the fight against fraud to the union’s financial interests by means of criminal law .


### pursuant to paragraph 22 and 23 of the inter - institutional agreement for better law - making of 13 april 2016 , there is a need to evaluate this fund on the basis of information collected through specific monitoring requirements , while avoiding overregulation and administrative burden , in particular on member states . these requirements , where appropriate , can include measurable indicators , as a basis for evaluating the effects of the fund on the ground . in order to measure the achievements of the fund , common indicators and related targets should be established in relation to each specific objective of the fund . through these common indicators and financial reporting , the commission and the member states should monitor the implementation of the fund , in accordance with the relevant provisions of regulation … / 2021 of the european parliament and of the council [ common provisions regulation ] and this regulation . ### pursuant to paragraph 22 and 23 of the inter - institutional agreement for better law - making of 13 april 2016 , there is a need to evaluate this fund on the basis of information collected through specific monitoring requirements , while avoiding overregulation and administrative burden , in particular on member states . these requirements , where appropriate , can include qualitative and quantitative indicators , as a basis for evaluating the effects of the fund on the ground . in order to measure the achievements of the fund , common indicators and related targets should be established in relation to each specific objective of the fund . through these common indicators and financial reporting , the commission and the member states should monitor the implementation of the fund , in accordance with the relevant provisions of regulation … / 2021 of the european parliament and of the council [ common provisions regulation ] and this regulation . to adequately fulfil its supervisory role , the commission must be in a position to establish the amounts actually spent from the fund in a given year . when reporting the annual accounts of their national programme to the commission , member states should therefore distinguish between recoveries , pre - financing payments to final beneficiaries and reimbursements of expenditure that was actually incurred . to facilitate the audit and the monitoring of the implementation of the fund , the commission should include these amounts in its annual implementation report for the fund . the commission should present a summary of the accepted annual performance reports to the european parliament and the council every year . upon request , the commission should make the full text of the annual performance reports available to the european parliament and the council .


### reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the united nations sustainable development goals , this fund will contribute to mainstream climate actions and to the achievement of an overall target of 25 % of the eu budget expenditures supporting climate objectives . relevant actions will be identified during the fund ' s preparation and implementation , and reassessed in the context of the relevant evaluations and review processes . ### reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the united nations sustainable development goals , this fund will contribute to mainstream climate actions and to the achievement of an overall target of 25 % of the eu budget expenditures supporting climate objectives .


### within the objectives referred to in article 3 , and in line with the implementation measures listed in annex ii , the fund shall in particular support the actions listed in annex iii . ### in - line with the implementation measures listed in annex ii , the fund shall support actions that contribute to the achievement of the objectives referred to in article 3 . they may include the actions listed in annex iii .


### legal entities participating in consortia of at least two independent entities , established in different member states or overseas countries or territories linked to those states or in third countries are eligible . ### legal entities participating in consortia of at least two independent entities , established in different member states or overseas countries or territories linked to those states or in third countries are eligible when this contributes to the achievement of the objectives of the fund as laid down in article 3 of this regulation .


### the commission and the member states shall ensure that the support provided under this regulation and by the member states is consistent with the relevant activities , policies and priorities of the union and is complementary to other union instruments . ### the commission and the member states shall ensure that the support provided under this regulation and by the member states is consistent with the relevant activities , policies and priorities of the union and is complementary to other union and national instruments .


### funding from the thematic facility shall address priorities with a high added value to the union or be used to respond to urgent needs in line with agreed union priorities as outlined in annex ii . ### flexible funding from the thematic facility shall address priorities with a high added value to the union or be used to respond to urgent needs in line with agreed union priorities as outlined in annex ii or support measures in accordance with article 23 .


### the thematic facility shall in particular , support actions falling under the implementation measure 2 of annex ii that are implemented by the local and regional authorities or civil society organisations . ### the thematic facility shall in particular , support actions falling under the implementation measure 2 of annex ii that are implemented by the local and regional authorities or civil society organisations . in that regard , a minimum of 7% of the financial envelope of the thematic facility shall be granted under direct or indirect management to local and regional authorities or civil society organisations implementing integration and reception actions .


### the thematic facility shall in particular , support actions falling under the implementation measure 2 of annex ii that are implemented by the local and regional authorities or civil society organisations . ### the thematic facility shall in particular , support actions falling under the implementation measure 2 of annex ii that are implemented by the local and regional authorities or civil society organisations . in that regard , it can be decided to grant funding from the thematic facility under direct or indirect management to local and regional authorities implementing integration actions .


### the contribution from the union budget shall not exceed 75 % of the total eligible expenditure of a project . ### the contribution from the union budget shall&#160 ; not exceed 75 % of the total eligible expenditure of a project , in order to ensure adequate co - financing by the member states .


### each member state shall ensure that the priorities addressed in its programme are consistent with , and respond to , the union priorities and challenges in the area of migration management and are fully in line with the relevant union acquis and agreed union priorities . in defining the priorities of their programmes member states shall ensure that the implementation measures set out in annex ii are adequately addressed . ### each member state and the commission shall ensure that the priorities addressed in the national programmes are consistent with , and respond to , the union priorities and challenges in the area of migration management and are fully in line with the relevant union acquis and agreed union priorities . in defining the priorities of their programmes member states shall ensure that the implementation measures set out in annex ii are adequately addressed . in that regard , member states and the commission shall ensure that the allocation of funding to the specific objectives , serves those objectives in the best way possible .


### programming as referred to in article 17 of regulation eu ) … / 2021 [ common provisions regulation ] , shall be based on the types of intervention set out in table 1 of annex vi . ### in accordance with article 17 of regulation no x [ cpr ] , each programme shall set out for each specific objective the types of intervention in accordance with table 1 of annex vi and an indicative breakdown of the programmed resources by type of intervention or area of support .


### the allocation of the funds from the thematic facility as of 2025 shall , where appropriate , take into account the progress made in achieving milestones of the performance framework as referred to in article [ 12 ] of regulation … / 2021 [ common provisions regulation ] and identified implementation shortcomings . ### the allocation of the funds from the thematic facility as of 2025 shall take into account the progress made in achieving milestones of the performance framework as referred to in article [ 12 ] of regulation … / 2021 [ common provisions regulation ] and identified implementation shortcomings .


### the member states using operating support shall comply with the union acquis on asylum and return . ### the member states using operating support shall comply with the union acquis on asylum , migration and return .


### operating support shall be concentrated on specific tasks and services as laid down in annex vii . ### operating support shall be concentrated on specific actions as laid down in annex vii .


### the recipients of union funding shall acknowledge the origin and ensure the visibility of the union funding , in particular when promoting the actions and their results , by providing coherent , effective and proportionate targeted information to multiple audiences , including the media and the public . ### the recipients of union funding shall promote the actions and their results by providing coherent , effective and proportionate targeted information to multiple relevant audiences , including media and the public . to ensure the visibility of union funding , recipients of union funding shall make reference to its origin when communicating on the action .


### an action that has received a contribution under the fund may also receive a contribution from any other union programme , including funds under shared management , provided that the contributions do not cover the same costs . the rules of each contributing union programme shall apply to its respective contribution to the action . the cumulative funding shall not exceed the total eligible costs of the action and the support from the different union programmes may be calculated on a pro - rata basis in accordance with the documents setting out the conditions for support . ### an&#160 ; operation that has received a contribution under the fund may also receive a contribution from any other union programme , including funds under shared management , provided that the contributions do not cover the same costs . the rules of each contributing union programme shall apply to its respective contribution to the operation . the cumulative funding shall not exceed the total eligible costs of the&#160 ; operation and the support from the different union programmes may be calculated on a pro - rata basis in accordance with the documents setting out the conditions for support .


### an action that has received a contribution under the fund may also receive a contribution from any other union programme , including funds under shared management , provided that the contributions do not cover the same costs . the rules of each contributing union programme shall apply to its respective contribution to the action . the cumulative funding shall not exceed the total eligible costs of the action and the support from the different union programmes may be calculated on a pro - rata basis in accordance with the documents setting out the conditions for support . ### an action that has received a contribution under the fund may also receive a contribution from any other union programme , including funds under shared management , provided that the contributions do not cover the same costs . the programmes presented by the commission shall interact and complement each other and be drawn up with the necessary degree of transparency to avoid any duplication . the rules of each contributing union programme shall apply to its respective contribution to the action . the cumulative funding shall not exceed the total eligible costs of the action and the support from the different union programmes may be calculated on a pro - rata basis in accordance with the documents setting out the conditions for support .


### actions awarded a seal of excellence certification , or which comply with the following cumulative comparative conditions : ### operations awarded a seal of excellence certification , or which comply with the following cumulative comparative conditions :


### the commission shall carry out a mid - term and a retrospective evaluation of this regulation , including the actions implemented under the fund . ### by the end of 2024 , the commission shall present a mid - term evaluation of this regulation . the mid - term evaluation shall examine the effectiveness , efficiency , relevance and coherence of the instrument . more specifically , it shall include an assessment of : a . &#160 ; the progress towards the achievement of the objectives of this regulation , taking into account allrelevant information already available , in particular the annual performance reports referred to in article 30 and the output and result indicators set out in annex viii to this regulation ; b . &#160 ; the eu added value of operations implemented under this fund . c . the appropriateness of the implementation measures set out in annex ii to address existing and emerging security challenges .


### the following criteria in the area of countering irregular migration including returns will be taken into account and shall be weighted as follows : ### the following criteria in the area of countering irregular migration including voluntary and enforced returns will be taken into account and shall be weighted as follows :


### for initial allocation the reference figures shall be the latest annual statistical data produced by the commission covering the preceding three calendar years on the basis of data provided by member states on the date of the applicability of this regulation in accordance with union law . for the mid - term review , the reference figures shall be the latest annual statistical data produced by the commission covering the preceding three calendar years available at the time of the mid - term review in 2024 on the basis of data provided by member states in accordance with union law . where member states have not supplied the commission with the statistics concerned , they shall provide provisional data as soon as possible . ### for initial allocation the reference figures shall be the latest annual statistical data produced by the commission covering the preceding three calendar years on the basis of data provided by member states on the date of the applicability of this regulation in accordance with union law . data on children in migration should be disaggregated by age and sex , by specific vulnerabilities and by asylum status . for the mid - term review , the reference figures shall be the latest annual statistical data produced by the commission covering the preceding three calendar years available at the time of the mid - term review in 2024 on the basis of data provided by member states in accordance with union law . where member states have not supplied the commission with the statistics concerned , they shall provide provisional data as soon as possible .


### enhancing solidarity and cooperation with third countries affected by migratory flows , including through resettlement and other legal avenues to protection in the union as well as partnership and cooperation with third countries for the purpose of managing migration . ### enhancing solidarity and cooperation with third countries affected by migratory flows , including through resettlement and other legal avenues with prioritisation of vulnerable groups such as children and adolescents facing protection risks in the union as well as partnership and cooperation with third countries for the purpose of managing migration .


### scope of support ### examples for eligible actions to be supported by the instrument in - line with article 3


### the development , monitoring and evaluation of policies and procedures including on collection and exchange of information and data , development and application of common statistical tools , methods and indicators for measuring progress and assessing policy developments ; ### the development , monitoring and evaluation of policies and procedures with a specific focus on child safeguarding policies , including on collection and exchange of disaggregated information and data , development and application of common statistical tools , methods and indicators for measuring progress and assessing policy developments ;


### identifying applicants with special procedural or reception needs ; ### identifying applicants with special procedural or reception needs ; in particular , child applicants by providing them with specialised support immediately upon arrival ;


### infrastructure for reception or detention , including the possible joint use of such facilities by more than one member state ; ### infrastructure for reception or detention , including the possible joint use of such facilities by more than one member state ; detention for children shall be used as a measure of last resort in line with existing eu law , for the shortest time possible and never in prison accommodation ;


### introduction , development and improvement of effective alternative measures to detention , in particular in relation to unaccompanied minors and families ; ### introduction , development and improvement of effective alternative measures to detention , in particular in relation to unaccompanied children and families ;


### return assistance , in particular assisted voluntary return and information about assisted voluntary return programmes ; ### return assistance and child rights - based compliant mechanisms , in particular assisted voluntary return and information about assisted voluntary return programmes , including by providing specific guidance for children in returns procedures ;


### it is necessary to introduce the accessibility requirements in the least burdensome manner for the economic operators and the member states , notably by only including in the scope the products and services which have been thoroughly selected . ### it is necessary to introduce the accessibility requirements in the most effective and least burdensome manner for the economic operators and the member states , notably by only including in the scope the products and services which have been thoroughly selected .


### member states are expected to ensure that market surveillance authorities check the compliance of the economic operators with the criteria referred to in article 12 in accordance with chapter v . ### member states are expected to ensure that market surveillance authorities check the compliance of the economic operators with the criteria referred to in article 12 in accordance with chapter v and that they hold regular consultations with organisations representing persons with disabilities .


### a safeguard procedure should be set up which applies only in the event of disagreement between member states over measures taken by a member state under which interested parties are informed of measures intended to be taken with regard to products not complying with the accessibility requirements of this directive . it should allow market surveillance authorities , in cooperation with the relevant economic operators , to act at an earlier stage in respect of such products . ### a safeguard procedure should be set up which applies only in the event of disagreement between member states over measures taken by a member state whereby interested parties are informed of measures intended to be taken with regard to products not complying with the accessibility requirements of this directive . it should allow market surveillance authorities , in cooperation with organisations representing persons with disabilities and the relevant economic operators , to act at an earlier stage in respect of such products .


### member states may decide , in the light of national conditions , that the built environment used by clients of passenger transport services including the environment that is managed by service providers and by infrastructure operators as well as the built environment used by clients of banking services , and customer services centres and shops under the scope of telephony operators shall comply with the accessibility requirements of annex i , section x , in order to maximise their use by persons with functional limitations , including persons with disabilities . ### member states shall ensure that the built environment used by clients of passenger transport services including the environment that is managed by service providers and by infrastructure operators as well as the built environment used by clients of banking services , and customer services centres and shops under the scope of telephony operators shall comply with the accessibility requirements of annex i , section x , in order to maximise their use by persons with functional limitations , including persons with disabilities .


### manufacturers shall , further to a reasoned request from a competent national authority , provide it with all the information and documentation necessary to demonstrate the conformity of the product , in a language which can be easily understood by that authority . they shall cooperate with that authority , at its request , on any action taken to eliminate the risks posed by products which they have placed on the market and to ensure compliance with the requirements referred to in article 3 . ### manufacturers shall provide competent national authorities with all the information and documentation necessary to demonstrate the conformity of the product , in a language which can be easily understood by the authority concerned . they shall cooperate with that authority , at its request , on any action taken to eliminate the risks posed by products which they have placed on the market and to ensure compliance with the requirements referred to in article 3 .


### importers shall , further to a reasoned request from a competent national authority , provide it with all the information and documentation necessary to demonstrate the conformity of a product in a language which can be easily understood by that authority . they shall cooperate with that authority , at its request , on any action taken to eliminate the risks posed by products which they have placed on the market . ### importers shall provide competent national authorities with all the information and documentation necessary to demonstrate the conformity of a product in a language which can be easily understood by the authority concerned . they shall cooperate with that authority , at its request , on any action taken to eliminate the risks posed by products which they have placed on the market .


### distributors shall , further to a reasoned request from a competent national authority , provide it with all the information and documentation necessary to demonstrate the conformity of a product . they shall cooperate with that authority , at its request , on any action taken to eliminate the risks posed by products which they have made available on the market . ### distributors shall provide competent national authorities with all the information and documentation necessary to demonstrate the conformity of a product . they shall cooperate with the authority concerned , at its request , on any action taken to eliminate the risks posed by products which they have made available on the market .


### service providers shall , further to a reasoned request from a competent authority , provide it with all information necessary to demonstrate the conformity of the service with the accessibility requirements referred to in article 3 . they shall cooperate with those authorities , at their request , on any action taken to bring the service in conformity with those requirements . ### service providers shall provide competent national authorities with all information necessary to demonstrate the conformity of the service with the accessibility requirements referred to in article 3 . they shall cooperate with those authorities , at their request , on any action taken to bring the service in conformity with those requirements .


### member states shall ensure that information held by market surveillance authorities concerning the compliance of economic operators with the applicable accessibility requirements set out in article 3 and the assessment of the exceptions provided for in article 12 , is made available to consumers upon request and in an accessible format , except where that information cannot be provided for reasons of confidentiality as provided for in article 19 of regulation no 765 / 2008 . ### member states shall ensure that information held by market surveillance authorities concerning the compliance of economic operators with the applicable accessibility requirements set out in article 3 and the assessment of the exceptions provided for in article 12 , is made available to consumers in an accessible format , except where that information cannot be provided for reasons of confidentiality as provided for in article 19 of regulation no 765 / 2008 .


### the penalties provided for shall be effective , proportionate and dissuasive . ### the penalties provided for shall be effective , proportionate and dissuasive , but not serve as an alternative to the fulfilment by economic operators of their obligation to make their products or services accessible .


### they shall apply those provisions from [ … insert date - six years after the entry into force of this directive ] . ### they shall apply those provisions from [ … insert date - five years after the entry into force of this directive ] .


### by [ …insert date - five years after the application of this directive ] , and every five years thereafter , the commission shall submit to the european parliament , the council , the european economic and social committee and the committee of the regions a report on the application of this directive . ### by [ …insert date - three years after the application of this directive ] , and every three years thereafter , the commission shall submit to the european parliament , the council , the european economic and social committee and the committee of the regions a report on the application of this directive .


### the targets laid down in directive 2008 / 98 / ec of the european parliament and of the council14 for preparing for re - use and recycling of waste should be amended to make them better reflect the union ' s ambition to move to a circular economy . __________________ 14 directive 2008 / 98 / ec of the european parliament and of the council of 19 november 2008 on waste and repealing certain directives . ### the targets laid down in directive 2008 / 98 / ec of the european parliament and of the council14 for preparing for re - use and recycling of waste should be amended to make them better reflect the union ' s ambition to move to an efficient circular economy , by taking the necessary measures to ensure that waste can be considered as a useful resource for this transition . __________________ 14 directive 2008 / 98 / ec of the european parliament and of the council of 19 november 2008 on waste and repealing certain directives .


### waste prevention is the most efficient way to improve resource efficiency and to reduce the environmental impact of waste . it is important therefore that member states take appropriate measures to prevent waste generation and monitor and assess progress in the implementation of such measures . in order to ensure a uniform measurement of the overall progress in the implementation of waste prevention measures , common indicators should be established . ### waste prevention is the most efficient way to improve resource efficiency , to reduce the environmental impact of waste , and to promote durable , recyclable , reusable high - quality materials and to decrease the dependence on imports of increasingly rare raw materials . it is important therefore that member states take appropriate measures to prevent waste generation , including measures that reduce the presence of hazardous substances , promote recycling of materials with high quality , combat planned obsolescence , increase consumer empowerment through improved product information , encourage continuous communication and regular education campaigns on waste prevention and monitor and assess progress made in the implementation of such measures as well as prevention targets for the reduction of waste generation , with the aim of decoupling it from economic growth . in order to ensure a uniform measurement of the overall progress in the implementation of waste prevention measures , common indicators and calculation methods should be established .


### member states should take measures to promote prevention of food waste in line with the 2030 agenda for sustainable development , adopted by the united nations general assembly on 25 september 2015 , and in particular its target of halving food waste by 2030 . these measures should aim to prevent food waste in primary production , in processing and manufacturing , in retail and other distribution of food , in restaurants and food services as well as in households . having regard to the environmental and economic benefits of preventing food waste , member states should establish specific food waste prevention measures and should measure progress in food waste reduction . to facilitate exchange of good practice across the eu both between member states and between food business operators , uniform methodologies for such measurement should be established . reporting on food waste levels should take place on a biennial basis . ### member states should take measures to promote prevention of food waste in line with the 2030 agenda for sustainable development , adopted by the united nations general assembly on 25 september 2015 , and in particular its target of reducing food waste by at least 50 % by 2030 . these measures should aim to prevent food waste at retail and consumer levels and reduce food losses along the production and supply chains , including intentionally non - harvested agricultural production and post - harvest losses , and in other distribution of food , in public and private organisations that sell or offer meals , and in restaurants and food services as well as in households . having regard to the environmental and economic benefits of preventing food waste , member states should establish specific food waste prevention measures in their national waste prevention programmes in order to reach at least 30% of food waste reduction by 2025 and 50% by 2030 and should measure progress in food waste reduction . to facilitate exchange of good practice across the union both between member states and between food business operators , uniform methodologies for such measurement should be established . reporting on food waste levels should take place on a biennial basis . in order to prevent food waste , member states should set up a framework for enabling the food sector to further distribute and donate unsold products , while ensuring that such distribution has no negative impact on human health or food safety .


### large differences exist between member states with respect to their waste management performance , particularly as regards recycling of municipal waste . in order to take account of those differences , those member states which in 2013 recycled less than 20% of their municipal waste according to eurostat data should be given additional time to comply with the preparing for re - use and recycling targets established for 2025 and 2030 . in light of average annual progression rates observed in member states over the past fifteen years , those member states would need to increase their recycling capacity at levels that are well - above past averages to meet those targets . in order to ensure that steady progress towards the targets is made and that implementation gaps are tackled in due time , member states that are given additional time should meet interim - targets and establish an implementation plan . ### large differences exist between member states with respect to their waste management performance , particularly as regards recycling of municipal waste . in order to take account of those differences , those member states which in 2013 recycled less than 20% of their municipal waste according to eurostat data should be given additional time to comply with the preparing for re - use and recycling targets established for 2025 and 2030 . in light of average annual progression rates observed in member states over the past fifteen years , those member states would need to increase their recycling capacity at levels that are well - above past averages to meet those targets . in order to ensure that steady progress towards the targets is made and that implementation gaps are tackled in due time , member states that are given additional time should meet interim - targets and establish an implementation plan , with the support of the commission .


### certain raw materials are of a high importance to the economy of the union and their supply is associated with a high risk . in order to ensure security of supply of those raw materials and in line with the raw materials initiative and the objectives and targets of the european innovation partnership on raw materials , member states should take measures to achieve the best possible management of waste containing significant amounts of those raw materials , taking economic and technological feasibility and environmental benefits into account . the commission has established a list of critical raw materials for the eu18 . this list is subject to regular review by the commission . __________________ 18 com 297 final . ### certain raw materials are of a high importance to the economy of the union and their supply is associated with a high risk . in order to ensure security of supply of those raw materials and in line with the raw materials initiative and the objectives and targets of the european innovation partnership on raw materials , member states should take measures to achieve the best possible management of waste containing significant amounts of those raw materials , by preventing the landfilling and incineration of untreated waste , taking economic and technological feasibility and environmental and health benefits into account . the commission has established a list of critical raw materials for the eu18 . this list is subject to regular review by the commission . __________________ 18 com0297


### ' final recycling process ' means the recycling process which begins when no further mechanical sorting operation is needed and waste materials enter a production process and are effectively reprocessed into products , materials or substances ; ### ' final recycling process ' means the recycling process which begins when no further mechanical sorting operation is needed and when waste and waste materials , considered to have ceased to be waste in accordance with article 6 , enter a production process and are effectively reprocessed into products , materials or substances ;


### ' 1 . in order to strengthen the re - use and the prevention , recycling and other recovery of waste , member states may take legislative or non - legislative measures to ensure that any natural or legal person who professionally develops , manufactures , processes , treats , sells or imports products has extended producer responsibility . ' ### in paragraph 1 , the first subparagraph is replaced by the following : ' 1 . in order to strengthen the re - use and the prevention , recycling and other recovery of waste , member states shall take legislative or non - legislative measures to ensure that any natural or legal person who professionally develops , manufactures , processes , treats , sells or imports products has extended producer responsibility . '


### in order to ensure harmonised conditions for the application of paragraph 5 , the commission shall adopt delegated acts in accordance with article 38a establishing a common methodology for the calculation of the weight of metals that have been recycled in conjunction with incineration , including , the quality criteria for the recycled metals . ### in order to ensure harmonised conditions for the application of paragraph 5 , the commission shall adopt delegated acts in accordance with article 38a establishing a common methodology for the calculation of the weight of materials that have been recycled in conjunction with energy recovery and incineration , including the quality criteria for the recycled materials .


### the recycling , including composting , and digestion of bio - waste ; ### the recycling , including composting , and digestion of bio - waste and bio - based packaging ;


### measures to combat all forms of littering and to clean up all types of litter . ### measures to combat and prevent all forms of littering and to clean up all types of litter .


### as customs authorities of the member states have been taking up an increasing number of responsibilities which often extend to the field of security and take place at the external border , ensuring uniformity in carrying out border control and customs control at the external borders needs to be addressed by providing adequate union financial support to the member states . this will not only strengthen customs controls but also facilitate legitimate trade , contributing to a secure and efficient customs union . ### as customs authorities of the member states have been taking up an increasing number of responsibilities which often extend to the field of security and take place at the external border , it is important to foster inter - agency cooperation , including information sharing through existing information exchange tools , as a component of the european integrated border management approach , as referred to in article 4 of regulation 2016 / 16241a . uniformity in carrying out border control and customs control at the external borders needs to be ensured by providing adequate union financial support to the member states . this will not only strengthen customs controls but also facilitate legitimate trade , contributing to a secure , effective and efficient customs union .


### to ensure a uniform and high - quality external border control and to facilitate legitimate travel across the external borders , the instrument should contribute to the development of european integrated border management that includes all the measures involving policy , law , systematic cooperation , burden - sharing , assessment of the situation and changing circumstances regarding crossing points for irregular migrants , personnel , equipment and technology taken at different levels by the competent authorities of the member states and by the european border and coast guard agency , acting in cooperation with other actors such as third countries and other eu bodies , in particular the european agency for the operational management of large - scale it systems in the area of freedom , security and justice , europol and international organisations . ### to ensure a uniform and high - quality external border control and to facilitate legitimate travel across the external borders , the instrument should contribute to the development of european integrated border management that includes all the measures involving policy , law , systematic cooperation , burden - sharing , assessment of the situation and changing circumstances regarding crossing points for irregular migrants , personnel , equipment and technology taken at different levels by the competent authorities of the member states and by the european border and coast guard agency , acting in cooperation with other actors such as third countries and other eu bodies , in particular the european agency for the operational management of large - scale it systems in the area of freedom , security and justice , europol , eu ' s crisis management , and international organisations .


### this regulation should establish the initial amounts for member states’ programmes calculated on the basis of criteria laid down in annex i , which reflect the length and the threat levels at land and sea border sections , the workload at the airports and the consulates as well as the number of consulates . ### this regulation should establish the initial amounts for member states’ programmes calculated on the basis of criteria laid down in annex i , which reflect the length and the threat levels based on recent and historical data at land and sea border sections , the workload at the airports and the consulates as well as the number of consulates .


### part of the available resources under the instrument could also be allocated to member states’ programmes for the implementation of specific actions in addition to their initial allocation . these specific actions should be identified at union level and should concern actions which require cooperative effort or actions necessary to address developments in the union which require additional funding to be made available to one or more member states , such as the purchase through the national programmes of member states of technical equipment needed by the european border and coast guard agency to perform its operational activities , the modernisation of the processing of visa applications , the development of new large - scale it systems and the setting - up of interoperability between those systems . these specific actions will be defined by the commission in its work programmes . ### part of the available resources under the instrument could also be allocated to member states’ programmes for the implementation of specific actions in addition to their initial allocation . these specific actions should be identified at union level and should concern actions which require cooperative effort or actions necessary to address developments in the union or participation in its external action such as civilian crisis management , which require additional funding to be made available to one or more member states , such as the purchase through the national programmes of member states of technical equipment needed by the european border and coast guard agency to perform its operational activities , the modernisation of the processing of visa applications , the development of new large - scale it systems and the setting - up of interoperability between those systems . these specific actions will be defined by the commission in its work programmes .


### for the purpose of implementation of actions under shared management , the instrument should form part of a coherent framework consisting of this regulation , the financial regulation and regulation no … / … [ cpr ] . ### for the purpose of implementation of actions under shared management , the instrument should form part of a coherent framework consisting of this regulation , the financial regulation and regulation no … / … [ cpr ] . in the event of conflicting provisions , this regulation should take precedence over regulation no . . . / . . . [ cpr ] .


### in accordance with regulation no … / … [ new financial regulation ] 41 , regulation no 883 / 2013 of the european parliament and of the council42 , council regulation no 2988 / 9543 , council regulation no 2185 / 9644 and council regulation 2017 / 193945 , the financial interests of the union are to be protected through proportionate measures , including the prevention , detection , correction and investigation of irregularities and fraud , the recovery of funds lost , wrongly paid or incorrectly used and , where appropriate , the imposition of administrative sanctions . in particular , in accordance with regulation no 883 / 2013 and regulation no 2185 / 96 the european anti - fraud office may carry out administrative investigations , including on - the - spot checks and inspections , with a view to establishing whether there has been fraud , corruption or any other illegal activity affecting the financial interests of the union . in accordance with regulation 2017 / 1939 , the european public prosecutor’s office may investigate and prosecute fraud and other criminal offences affecting the financial interests of the union as provided for in directive 2017 / 1371 of the european parliament and of the council46 . in accordance with the financial regulation , any person or entity receiving union funds is to fully cooperate in the protection of the union’s financial interests to grant the necessary rights and access to the commission , olaf , the eppo and the european court of auditors and to ensure that any third parties involved in the implementation of union funds grant equivalent rights . _________________ 41 oj c [ … ] , [ … ] , p . [ … ] . 42 regulation no 883 / 2013 of the european parliament and of the council of 11 september 2013 concerning investigations conducted by the european anti - fraud office and repealing regulation no 1073 / 1999 of the european parliament and of the council and council regulation no 1074 / 1999 . 43 council regulation no 2988 / 95 of 18 december 1995 on the protection of the european communities financial interests . 44 council regulation no 2185 / 96 of 11 november 1996 concerning on - the - spot checks and inspections carried out by the commission in order to protect the european communities ' financial interests against fraud and other irregularities . 45 council regulation 2017 / 1939 of 12 october 2017 implementing enhanced cooperation on the establishment of the european public prosecutor’s office . 46 directive 2017 / 1939 of the european parliament and of the council of 5 july 2017 on the fight against fraud to the union’s financial interests by means of criminal law . ### in accordance with regulation no … / … [ new financial regulation ] 41 , regulation no 883 / 2013 of the european parliament and of the council42 , council regulation no 2988 / 9543 , council regulation no 2185 / 9644 and council regulation 2017 / 193945 , the financial interests of the union are to be protected through proportionate measures , including the prevention , detection , correction and investigation of irregularities and fraud , the recovery of funds lost , wrongly paid or incorrectly used and , where appropriate , the imposition of administrative sanctions . in particular , in accordance with regulation no 883 / 2013 and regulation no 2185 / 96 the european anti - fraud office may carry out administrative investigations , including on - the - spot checks and inspections , with a view to establishing whether there has been fraud , corruption or any other illegal activity affecting the financial interests of the union . in accordance with regulation 2017 / 1939 , the european public prosecutor’s office may investigate and prosecute fraud and other criminal offences affecting the financial interests of the union as provided for in directive 2017 / 1371 of the european parliament and of the council46 . in accordance with the financial regulation , any person or entity receiving union funds is to fully cooperate in the protection of the union’s financial interests to grant the necessary rights and access to the commission , olaf , the eppo and the european court of auditors and to ensure that any third parties involved in the implementation of union funds grant equivalent rights . the results of investigations into irregularities or fraud in relation to the instrument should be made available to the european parliament . _________________ 41 oj c [ … ] , [ … ] , p . [ … ] . 42 regulation no 883 / 2013 of the european parliament and of the council of 11 september 2013 concerning investigations conducted by the european anti - fraud office and repealing regulation no 1073 / 1999 of the european parliament and of the council and council regulation no 1074 / 1999 . 43 council regulation no 2988 / 95 of 18 december 1995 on the protection of the european communities financial interests . 44 council regulation no 2185 / 96 of 11 november 1996 concerning on - the - spot checks and inspections carried out by the commission in order to protect the european communities ' financial interests against fraud and other irregularities . 45 council regulation 2017 / 1939 of 12 october 2017 implementing enhanced cooperation on the establishment of the european public prosecutor’s office . 46 directive 2017 / 1939 of the european parliament and of the council of 5 july 2017 on the fight against fraud to the union’s financial interests by means of criminal law .


### pursuant to article 349 of the tfeu and in line with the commission communication a stronger and renewed strategic partnership with the eu ' s outermost regions , endorsed by the council in its conclusion of 12 april 2018 , the relevant member states should ensure that their national programmes address emerging threats the outermost regions are confronted with . the instrument supports these member states with adequate resources to help the outermost regions as appropriate . ### pursuant to article 349 of the tfeu and in line with the commission communication a stronger and renewed strategic partnership with the eu ' s outermost regions , endorsed by the council in its conclusion of 12 april 2018 , the relevant member states should ensure that their national programmes address emerging threats the outermost regions are confronted with , such as border surveillance , disproportionate influx of people or the deployment of european information systems . the instrument supports these member states with adequate resources to help the outermost regions in light of such specificities .


### pursuant to paragraph 22 and 23 of the interinstitutional agreement for better law - making of 13 april 201648 , there is a need to evaluate this instrument on the basis of information collected through specific monitoring requirements , while avoiding overregulation and administrative burden , in particular on member states . these requirements , where appropriate , can include measurable indicators , as a basis for evaluating the effects of the instrument on the ground . in order to measure the achievements of the instrument , indicators and related targets should be established in relation to each specific objective of the instrument . _________________ 48 interinstitutional agreement between the european parliament , the council of the european union and the european commission on better law - making of 13 april 2016 ; oj l 123 , 12 . 5 . 2016 , p . 1–14 . ### pursuant to paragraph 22 and 23 of the interinstitutional agreement for better law - making of 13 april 201648 , there is a need to evaluate this instrument on the basis of information collected through specific monitoring requirements , while avoiding overregulation and administrative burden , in particular on member states . these requirements , where appropriate , can include qualitative and quantitive indicators , as a basis for evaluating the effects of the instrument on the ground . in order to measure the achievements of the instrument , indicators and related targets should be established in relation to each specific objective of the instrument . _________________ 48 interinstitutional agreement between the european parliament , the council of the european union and the european commission on better law - making of 13 april 2016 ; oj l 123 , 12 . 5 . 2016 , p . 1–14 .


### through the indicators and financial reporting , the commission and the member states should monitor the implementation of the instrument , in accordance with the relevant provisions of regulation no … / … [ cpr ] and this regulation . ### the commission should present a summary of the accepted annual performance reports to the european parliament and the council every year . upon request , the commission should make the full text of the annual performance reports available to the european parliament and the council .


### this regulation establishes the instrument for financial support for border management and visa as part of the integrated border management fund . ### this regulation establishes the instrument for financial support for border management and visa as part of the integrated border management fund for the period from 1 january 2021 to 31 december 2027 .


### it lays down the objectives of the instrument , the budget for the period 2021 - 2027 , the forms of union funding and the rules for providing such funding . ### this regulation lays down the objectives of the instrument , the specific objectives and measures to implement those specific objectives , the budget for the period 2021 - 2027 , the forms of union funding and the rules for providing such funding .


### within the objectives referred to in article 3 and in line with the implementation measures listed in annex ii , the instrument shall in particular support the actions listed in annex iii . ### in - line with the implementation measures listed in annex ii , the instrument shall support actions that contribute to the achievement of the objectives referred to in article 3 . they may include the actions listed in annex iii .


### support provided under this regulation shall complement national , regional and local interventions , and shall focus on bringing added value to the objectives of this regulation . ### support provided under this regulation shall complement national , regional and local interventions , and shall focus on bringing union added value to the objectives of this regulation .


### the financial envelope for the implementation of the instrument for the period 2021 - 2027 shall be eur 8 018 000 000 in current prices . ### the financial envelope for the implementation of the instrument for the period 2021 - 2027 shall be eur 7 087 760 000 in 2018 prices .


### funding from the thematic facility shall address priorities with a high added value to the union or be used to respond to urgent needs , in line with agreed union priorities as outlined in annex ii . ### funding from the thematic facility shall address priorities with a high added value to the union or be used to respond to urgent needs , in line with agreed union priorities as outlined in annex ii or support measures in accordance with article 20 .


### each member state shall ensure that the priorities addressed in its programme are consistent with and respond to the union priorities and challenges in the area of border management and visa , and that they are fully in line with the relevant union acquis and agreed union priorities . in defining the priorities of their programmes , member states shall ensure that the implementing measures as set out in annex ii are adequately addressed . ### each member state and the commission shall ensure that the priorities addressed in the national programme are consistent with and respond to the union priorities and challenges in the area of border management and visa , and that they are fully in line with the relevant union acquis and agreed union priorities . in defining the priorities of their programmes , member states shall ensure that the implementing measures as set out in annex ii are adequately addressed .


### where necessary , the programme in question shall be amended to take into account the recommendations referred to in paragraph 5 . depending on the impact of the adjustment , the revised programme may be approved by the commission . ### where necessary , the programme in question shall be amended to take into account the recommendations referred to in paragraph 5 and the progress in achieving the milestones and targets as assessed in the annual performance reports as referred to in article 27 . depending on the impact of the adjustment , the revised programme shall be approved by the commission in line with the procedure set out in article 19 of regulation no . . . / . . . [ cpr ] .


### whenever a member state decides to implement projects with or in a third country with the support of the instrument , the member state concerned shall consult the commission prior to the start of the project . ### whenever a member state decides to implement projects with or in a third country with the support of the instrument , including participation in civilian crisis management , the member state concerned shall consult the commission prior to the start of the project .


### as regards operating equipment , including means of transport , and communication systems required for effective and secure border control purchased with the support of this instrument , the following shall apply : ### as regards operating equipment , including means of transport , and communication systems required for effective and secure border control and search and rescue purchased with the support of this instrument , the following shall apply :


### programming as referred to in article 17 of regulation no … / … [ cpr ] shall be based on the types of intervention set out in table 1 of annex vi . ### in accordance with article 17of regulation no x [ cpr ] , each programme shall set out for each specific objective the types of intervention in accordance with table 1 of annex vi and an indicative breakdown of the programmed resources by type of intervention or area of support .


### the allocation of the funds from the thematic facility as from 2025 shall , where appropriate , take into account the progress made in achieving the milestones of the performance framework as referred to in article 12 of regulation no … / … [ cpr ] and identified implementation shortcomings . ### the allocation of the funds from the thematic facility as from 2025 shall take into account the progress made in achieving the milestones of the performance framework as referred to in article 12 of regulation no … / … [ cpr ] and identified implementation shortcomings .


### without prejudice to article 4 , operating support shall be concentrated on specific tasks and services as laid down in annex vii . ### without prejudice to article 4 , operating support shall be concentrated on actions as laid down in annex vii .


### the instrument may support technical assistance measures implemented at the initiative of , or on behalf of , the commission . those measures may be financed at the rate of 100% . ### the fund may support technical assistance measures implemented at the initiative of , or on behalf of , the commission . those measures , namely , preparatory , monitoring , control , audit , evaluation and all administrative and technical assistance actions necessary for the implementation of this regulation and , where appropriate with third countries , may be financed at the rate of 100%


### the recipients of union funding shall acknowledge the origin and ensure the visibility of the union funding , in particular when promoting the actions and their results , by providing coherent , effective and proportionate targeted information to multiple audiences , including the media and the public . ### the recipients of union funding shall promote the actions and their results by providing coherent , effective and proportionate targeted information to multiple relevant audiences , including media and the public . to ensure the visibility of union funding , recipients of union funding shall make reference to its origin when communicating on the action .


### the commission shall implement information and communication actions relating to this instrument , its actions and results . financial resources allocated to this instrument shall also contribute to the corporate communication on the political priorities of the union , as far as they are related to the objectives of this regulation . ### the commission shall implement information and communication actions relating to the implementation of this instrument , its actions and results . in particular , the european commission shall publish information concerning the implementation of the annual and multiannual programmes of the thematic facility . the european commission shall also publish the list of operations , projects and contracts selected for support on their website in at least one of the official languages of the union and shall update that list at least every three months . financial resources allocated to this instrument shall also contribute to the corporate communication on the implementation of political priorities of the union , as far as they are related to the objectives of this regulation . in particular , the european commission may promote best practices and exchange information as regards to the implementation of the fund .


### the instrument shall provide financial assistance to address urgent and specific needs in the event of an emergency situation resulting from an urgent and exceptional pressure where a large or disproportionate number of third - country nationals have crossed , are crossing or are expected to cross the external borders of one or more member states , in particular at border sections where the impact level has been identified as such that it jeopardises the functioning of the whole schengen area , or any other situation of urgent and exceptional pressure within the scope of this regulation that requires immediate action . ### the instrument shall provide financial assistance to address urgent and specific needs in the event of an emergency situation resulting from an urgent and exceptional pressure where a large or disproportionate number of third - country nationals have crossed , are crossing or are expected to cross the external borders of one or more member states , in particular at border sections where the impact level has been identified as such that it jeopardises the functioning of the whole schengen area , or any other situation of urgent and exceptional pressure within the scope of this regulation that requires immediate action . the commission shall inform the european parliament and the council in a timely manner


### actions awarded a seal of excellence certification , or which comply with the following cumulative comparable conditions : ### operations awarded a seal of excellence certification , or which comply with the following cumulative comparable conditions :


### in compliance with its reporting requirements pursuant to article 43 of the financial regulation , the commission shall present to the european parliament and the council information on performance in accordance with annex v . ### in compliance with its reporting requirements pursuant to article 41 and of regulation 2018 / 10461a of the european parliament and of the council , the commission shall present yearly to the european parliament and the council information on performance in accordance with annex v . ____________________ 1a regulation 2018 / 1046 of the european parliament and of the council of 18 july 2018 on the financial rules applicable to the general budget of the union , amending regulations no 1296 / 2013 , no 1301 / 2013 , no 1303 / 2013 , no 1304 / 2013 , no 1309 / 2013 , no 1316 / 2013 , no 223 / 2014 , no 283 / 2014 , and decision no 541 / 2014 / eu and repealing regulation no 966 / 2012 .


### the commission shall carry out a mid - term and a retrospective evaluation of this regulation , including the actions implemented under this instrument . ### by the end of 2024 , the commission shall present a mid - term evaluation of this regulation . the mid - term evaluation shall examine the effectiveness , efficiency , relevance and coherence of the instrument . more specifically , it shall include an assessment of :


### by 15&#160 ; february 2023 and by the same date of each subsequent year up to and including 2031 , member states shall submit to the commission the annual performance report as referred to in article 36 of regulation no&#160 ; &#8230 ; / &#8230 ; [ cpr ] . the report submitted in 2023 shall cover the implementation of the programme carried out until 30&#160 ; june 2022 . ### by 15 february 2023 and by the same date of each subsequent year up to and including 2031 , member states shall submit to the commission and to the european parliament the annual performance report as referred to in article 36 of regulation no &#8230 ; / &#8230 ; [ cpr ] . the report submitted in 2023 shall cover the implementation of the programme carried out until 30&#160 ; june 2022 .


### for the purposes of the initial allocation , the report referred to in paragraph 10 shall identify the average level of threat of each border section based on the latest average figures covering the preceding 36 months on the date of the applicability of this regulation . for the purposes of the mid - term review , the report referred to in paragraph 10 shall identify the average level of threat of each border section based on the latest average figures covering the preceding 36 months available at the time of the mid - term review in 2024 . it shall determine the following specific weighting factors per section applying the threat levels as defined in regulation no 1052 / 2013 : ### for the purposes of the initial allocation , the report referred to in paragraph 10 shall identify the average level of threat of each border section based on the latest average figures covering the preceding 36 months and historical data on the date of the applicability of this regulation . for the purposes of the mid - term review , the report referred to in paragraph 10 shall identify the average level of threat of each border section based on the latest and historical average figures available at the time of the mid - term review in 2024 . it shall determine the following specific weighting factors per section applying the threat levels as defined in regulation no 1052 / 2013 :


### training in the field of or contributing to the development of european integrated border management , taking into account operational needs and risk analysis and in full compliance with fundamental rights ; ### training in the field of or contributing to the development of european integrated border management , also for civilian crisis management purposes , taking into account operational needs and risk analysis and in full compliance with fundamental rights ;


### in light of the increasing demand for intelligence and information to support evidence - based policy making and operational responses , there is a need for immigration liaison officers to ensure that their insight and knowledge contribute fully to the establishment of a comprehensive situational picture on third countries . ### in light of the increasing demand for intelligence and information to support evidence - based policy making and operational responses , there is a need for immigration liaison officers to ensure that their insight and knowledge contribute fully to the establishment of a comprehensive situational picture on key third countries of origin and transit , and to reinforce the political dialogue between these countries and member states .


### the objective of this regulation is to ensure better coordination and optimise utilisation of liaison officers deployed to third countries by member states , the commission and union agencies in order to respond more effectively to the eu priorities of preventing and combatting illegal immigration and related cross - border criminality such as smuggling of migrants and trafficking in human beings , facilitating return , readmission and reintegration activities , contributing to integrated management of union ' s external borders , as well as supporting management of legal immigration , including in the area of international protection , resettlement and pre - departure integration measures undertaken by member states and union . ### the objective of this regulation is to ensure better coordination between the union and key third countries of origin and transit and optimise utilisation of liaison officers deployed by member states , the commission and union agencies in order to respond more effectively to the union priorities of preventing and combatting illegal immigration and related cross - border criminality such as smuggling of migrants and trafficking in human beings , increasing the number of returns , readmission and reintegration activities , contributing to integrated management of union ' s external borders , as well as supporting management of legal immigration , including in the area of international protection , resettlement and pre - departure integration measures undertaken by member states and union .


### building on council regulation no 377 / 2004 , this regulation aims to ensure that immigration liaison officers better contribute to the functioning of a european network of immigration liaison officers primarily by establishing a mechanism through which member states , the commission and union agencies can more systematically coordinate tasks and roles of their liaison officers . ### building on council regulation no 377 / 2004 , this regulation aims to ensure that immigration liaison officers better contribute to the functioning of a european network of immigration liaison officers primarily by establishing a mechanism through which member states , the commission and union agencies can more systematically coordinate tasks and roles of their liaison officers deployed in key third countries of origin and transit .


### the establishment of a robust governance mechanism that ensures better coordination of all liaison officers dealing with immigration issues as a part of their duties , is essential in order to minimise information gaps and duplication of work and maximise operational capabilities and effectiveness . a steering board should provide guidance in line with union policy priorities – taking into account the union external relations – and should be given the necessary powers , in particular to adopt biennial work programmes of activities of networks of immigration liaison officers , assign tailored ad - hoc tasks for immigration liaison officers addressing priorities and emerging needs not already covered by the biennial work programme , allocate resources for agreed activities and be accountable for their execution . ### the establishment of a robust governance mechanism that ensures better coordination of all liaison officers dealing with immigration issues as a part of their duties , is essential in order to minimise information gaps , overlapping of tasks , duplication of work and maximise operational capabilities and effectiveness . a steering board should provide guidance in line with union policy priorities – taking into account the union external relations – and should be given the necessary powers , in particular to adopt annual work programmes of activities of networks of immigration liaison officers , assign tailored ad - hoc tasks for immigration liaison officers addressing priorities and emerging needs not already covered by the annual work programme , allocate financial resources for agreed activities and be accountable for their execution .


### immigration liaison officer ' means : ### ' immigration liaison officer ' means a liaison officer designated and deployed abroad by competent authorities of one of the member states or the commission or the union agencies , as referred to in their respective legal basis , and dealing with immigration - related issues , also when only a part of their duties . an immigration liaison officer can be :


### immigration liaison officers deployed by the commission shall coordinate the networks provided for in paragraph 1 . in locations where the commission does not deploy immigration liaison officers , the coordination of the network shall be carried out by an immigration liaison officer , as agreed by members of the network . ### immigration liaison officers deployed by the commission shall facilitate the coordination and support the networks provided for in paragraph 1 . in locations where the commission does not deploy immigration liaison officers , immigration liaison officers deployed by the union agencies shall facilitate and support the networks provided for in paragraph 1 . in locations where neither the commission nor the union agencies deploy immigration liaison officers the network shall be facilitated by an immigration liaison officer , as agreed by members of the network .


### considering the priorities of the union in the area of immigration and within the scope of the tasks of immigration liaison officers as defined in this regulation , the steering board shall carry out the following activities : ### considering the priorities of the union in the area of immigration and within the scope of the tasks of immigration liaison officers as defined in this regulation , the steering board shall carry out the following activities based on a comprehensive situational picture and analyses provided by the relevant union agencies :


### review implementation of activities established in the biennial work programme , appointment of network coordinators and progress made by networks of immigration liaison officers in their cooperation with competent authorities in third countries ; ### review implementation of activities established in the annual work programme , appointment of network coordinators and progress made by networks of immigration liaison officers in their cooperation with competent authorities in third countries ;


### adopt the biennial activity report ; ### adopt the annual activity report which shall be forwarded to the european parliament without undue delay ;


### five years after the date of adoption of this regulation , the commission shall report to the european parliament and the european council on the application of the regulation . ### no later than two years after the adoption of this regulation and every two years thereafter , the commission shall report to the european parliament and to the council on the application of the regulation .


### principle 7 of the european pillar of social rights , proclaimed at gothenburg on 17 november 2017 , provides that workers have the right to be informed in writing at the start of employment about their rights and obligations resulting from the employment relationship , including any probationary period , and that they have the right to access to effective and impartial dispute resolution and , in case of unjustified dismissal , a right to redress , including adequate compensation . principle 5 provides that regardless of the type and duration of the employment relationship , workers have the right to fair and equal treatment regarding working conditions , access to social protection and training , that employment relationships that lead to precarious working conditions is to be prevented , including by prohibiting abuse of atypical contracts , that any probationary period should be of reasonable duration and that the transition towards open - ended forms of employment is to be fostered . ### principle 7 of the european pillar of social rights , proclaimed at gothenburg on 17 november 2017 , provides that workers have the right to be informed in writing at the start of employment about their rights and obligations resulting from the employment relationship , including any probationary period , and that they are entitled to be informed of the reasons for their dismissal and given a reasonable period of notice and that they have the right to access to effective and impartial dispute resolution and , in case of unjustified dismissal , a right to redress , including adequate compensation . principle 5 provides that regardless of the type and duration of the employment relationship , workers have the right to fair and equal treatment regarding working conditions , access to social protection and training , that employment relationships that lead to precarious working conditions is to be prevented , including by prohibiting abuse of atypical contracts , that any probationary period should be of reasonable duration and that the transition towards open - ended forms of employment is to be fostered , while giving employers the necessary flexibility to adapt swiftly to any economic shifts .


### principle 7 of the european pillar of social rights , proclaimed at gothenburg on 17 november 2017 , provides that workers have the right to be informed in writing at the start of employment about their rights and obligations resulting from the employment relationship , including any probationary period , and that they have the right to access to effective and impartial dispute resolution and , in case of unjustified dismissal , a right to redress , including adequate compensation . principle 5 provides that regardless of the type and duration of the employment relationship , workers have the right to fair and equal treatment regarding working conditions , access to social protection and training , that employment relationships that lead to precarious working conditions is to be prevented , including by prohibiting abuse of atypical contracts , that any probationary period should be of reasonable duration and that the transition towards open - ended forms of employment is to be fostered . ### principle 5 of the european pillar of social rights , proclaimed at gothenburg on 17 november 2017 , provides that regardless of the type and duration of the employment relationship , workers have the right to fair and equal treatment regarding working conditions , access to social protection and training , that employment relationships that lead to precarious working conditions are to be prevented , including by prohibiting abuse of atypical contracts , that any probationary period should be of reasonable duration and that the transition towards open - ended forms of employment is to be fostered . it further provides that the necessary flexibility for employers to adapt swiftly to changes in the economic context and to adopt new forms of employment on a collective bargaining basis is to be ensured , in accordance with legislation and collective agreements .


### since the adoption of council directive 91 / 533 / eec , 33 labour markets have undergone far - reaching changes due to demographic developments and digitalisation leading to the creation of new forms of employment , which have supported job creation and labour market growth . new forms of employment are often not as regular or stable as traditional employment relationships and lead to reduced predictability for the workers concerned , creating uncertainty as to applicable rights and social protection . in this evolving world of work , there is therefore an increased need for workers to be fully informed about their essential working conditions , which should occur in a written form and in a timely manner . in order adequately to frame the development of new forms of employment , workers in the union should also be provided with a number of new minimum rights aimed at promoting security and predictability in employment relationships while achieving upward convergence across member states and preserving labour market adaptability . __________________ 33 council directive 91 / 533 / ec of 14 october 1991 on an employer ' s obligation to inform employees of the conditions applicable to the contract or employment relationship . ### since the adoption of council directive 91 / 533 / eec , 33 labour markets have undergone far - reaching changes due to demographic developments and digitalisation leading to the creation of new forms of employment , which have supported job creation and labour market growth . new forms of employment are often not as regular or stable as traditional employment relationships and lead to reduced predictability for the workers concerned , creating uncertainty as to applicable rights and social protection . in this evolving world of work , there is therefore an increased need for workers to be fully informed about their essential working conditions , which should occur in a written form and in a timely manner . in order adequately to frame the development of new forms of employment , workers in the union should also be provided with a number of new minimum rights aimed at promoting security and predictability in employment relationships while achieving upward convergence across member states and preserving labour market adaptability . it must be recognized that flexible forms of employment also have a positive impact on the labour market and workers , as they foster innovation and facilitate access to the labour market to individuals who are not apt to work in a standard form of employment . __________________ 33 council directive 91 / 533 / ec of 14 october 1991 on an employer ' s obligation to inform employees of the conditions applicable to the contract or employment relationship .


### since the adoption of council directive 91 / 533 / eec33 , labour markets have undergone far - reaching changes due to demographic developments and digitalisation leading to the creation of new forms of employment , which have supported job creation and labour market growth . new forms of employment are often not as regular or stable as traditional employment relationships and lead to reduced predictability for the workers concerned , creating uncertainty as to applicable rights and social protection . in this evolving world of work , there is therefore an increased need for workers to be fully informed about their essential working conditions , which should occur in a written form and in a timely manner . in order adequately to frame the development of new forms of employment , workers in the union should also be provided with a number of new minimum rights aimed at promoting security and predictability in employment relationships while achieving upward convergence across member states and preserving labour market adaptability . __________________ 33 council directive 91 / 533 / ec of 14 october 1991 on an employer ' s obligation to inform employees of the conditions applicable to the contract or employment relationship . ### since the adoption of council directive 91 / 533 / eec , labour markets have undergone changes due to demographic developments and digitalisation leading to the creation of new forms of employment , which have supported innovation , job creation and labour market growth . new forms of employment can vary greatly in their predictability from traditional employment relationships and can sometimes lead to reduced predictability for the workers concerned , creating uncertainty over applicable rights and social protection . in this evolving world of work , there is therefore an increased need for workers to be fully informed about their essential working conditions , which should occur in a timely manner and in a written form and in a form easily accessible to workers . in order adequately to frame the development of new forms of employment , workers in the union should also be provided with a number of new minimum rights aimed at promoting security and predictability in employment relationships while achieving upward convergence across member states and preserving labour market adaptability . __________________ 33 council directive 91 / 533 / ec of 14 october 1991 on an employer ' s obligation to inform employees of the conditions applicable to the contract or employment relationship .


### minimum requirements relating to information on the essential aspects of the employment relationship and relating to working conditions that apply to every worker should therefore be established at union level in order to guarantee all workers in the union an adequate degree of transparency and predictability as regards their working conditions . ### minimum standards relating to information on the essential aspects of the employment relationship and relating to working conditions that apply to every worker , whatever their employment contract or employment relationship , should therefore be established at union level in order to guarantee all workers in the union the same degree of transparency , security and predictability as regards their working conditions .


### several different natural or legal persons may in practice assume the functions and responsibilities of an employer . member states should remain free to determine more precisely the person who are considered totally or partially responsible for the execution of the obligations that this directive lays down for employers , as long as all those obligations are fulfilled . member states should also be able to decide that some or all of these obligations are to be assigned to a natural or legal person who is not party to the employment relationship . member states should be able to establish specific rules to exclude individuals acting as employers for domestic workers in the household from the obligations to consider and respond to a request for a different type of employment , to provide cost - free mandatory training , and from coverage of the redress mechanism based on favourable presumptions in the case of missing information in the written statement . ### several different natural or legal persons may in practice assume the functions and responsibilities of an employer . member states should remain free to determine more precisely the person who are considered totally or partially responsible for the execution of the obligations that this directive lays down for employers , as long as all those obligations are fulfilled member states should also be able to decide that in exceptional situations some or all of these obligations are to be assigned to a natural or legal person who is not party to the employment relationship as long as the rules of members states clearly and in all types of employment relationships identify the responsible person , leaving no doubt for the worker or any person directly or indirectly involved in the employment relationship . member states should be able to establish specific rules to exclude individuals acting as employers for domestic workers in the household from the obligations to consider and respond to a request for a different type of employment , to provide cost - free mandatory training , and from coverage of the redress mechanism based on favourable presumptions in the case of missing information in the written statement .


### information on working time should be consistent with the provisions of directive 2003 / 88 / ec of the european parliament and of the council35 , and include information on breaks , daily rest , weekly rest and the amount of paid leave . __________________ 35 directive 2003 / 88 / ec of the european parliament and of the council of 4 november 2003 concerning certain aspects of the organisation of working time . ### information on working time should be consistent with the provisions of directive 2003 / 88 / ec of the european parliament and of the council35 , and include information on breaks , daily rest , weekly rest and the amount of paid leave thereby ensuring protection of the safety and health of workers . __________________ 35 directive 2003 / 88 / ec of the european parliament and of the council of 4 november 2003 concerning certain aspects of the organisation of working time .


### information on remuneration to be provided should include all elements of the remuneration , including contributions in cash or kind , directly or indirectly received by the worker in respect of his or her work . the provision of such information should be without prejudice to the freedom for employers to provide for additional elements of remuneration such as one - off payments . the fact that elements of remuneration due by law or collective agreement have not been included in that information should not constitute a reason for not providing them to the worker . ### information on remuneration and / or compensation to be provided should include all elements of the remuneration and / or compensation , including contributions in cash or kind , directly or indirectly received by the worker in respect of his or her work . the provision of such information should be without prejudice to the freedom for employers to provide for additional elements of remuneration such as one - off payments . the fact that elements of remuneration due by law or collective agreement have not been included in that information should not constitute a reason for not providing them to the worker .


### information on remuneration to be provided should include all elements of the remuneration , including contributions in cash or kind , directly or indirectly received by the worker in respect of his or her work . the provision of such information should be without prejudice to the freedom for employers to provide for additional elements of remuneration such as one - off payments . the fact that elements of remuneration due by law or collective agreement have not been included in that information should not constitute a reason for not providing them to the worker . ### information on remuneration to be provided should include all elements of the remuneration , including contributions in cash or kind or other benefits , directly or indirectly received by the worker in respect of his or her work . the provision of such information should be without prejudice to the freedom for employers to provide for additional elements of remuneration such as one - off payments . the fact that elements of remuneration due by law or collective agreement have not been included in that information should not constitute a reason for not providing them to the worker .


### if it is not possible to indicate a fixed work schedule due to the nature of the employment , workers should know how their work schedule will be established , including the time slots in which they may be called to work and the minimum advance notice they should receive . ### if , due to the nature of the employment , it is not possible to indicate a fixed work schedule setting the times and dates at or on which work begins and ends or if workers have on - demand contracts or are in a similar employment relationship , employers should inform workers how their work schedule will be established , including the on - call times and the minimum advance notice they should receive .


### information on social security systems should include , where relevant , sickness , maternity and equivalent , parental , paternity , old - age , invalidity , survivors ' , unemployment , pre - retirement or family benefits . information on social security protection provided by the employer should include , where relevant , coverage by supplementary pension schemes within the meaning of council directive 98 / 49 / ec36 and directive 2014 / 50 / eu of the european parliament and of the council . 37 __________________ 36 council directive 98 / 49 / ec of 29 june 1998 on safeguarding the supplementary pension rights of employed and self - employed persons moving within the community . 37 directive 2014 / 50 / eu of the european parliament and of the council of 16 april 2014 on minimum requirements for enhancing worker mobility between member states by improving the acquisition and preservation of supplementary pension rights . ### information on social security systems should include , where relevant , sickness , maternity and equivalent , parental , paternity , old - age , invalidity , survivors ' , unemployment , pre - retirement or family benefits . based on the principle of equal treatment workers who pay the same social security contributions are entitled to receive the same benefits . information on social security protection provided by the employer should include , where relevant , coverage by supplementary pension schemes within the meaning of council directive 98 / 49 / ec36 and directive 2014 / 50 / eu of the european parliament and of the council . 37 __________________ 36 council directive 98 / 49 / ec of 29 june 1998 on safeguarding the supplementary pension rights of employed and self - employed persons moving within the community . 37 directive 2014 / 50 / eu of the european parliament and of the council of 16 april 2014 on minimum requirements for enhancing worker mobility between member states by improving the acquisition and preservation of supplementary pension rights .


### a reasonable minimum advance notice , understood as the period of time between the moment a worker is informed about a new work assignment and the moment the assignment starts , constitutes another necessary element of predictability of work for employment relationships with work schedule which are variable or mostly determined by the employer . the length of the advance notice period may vary according to the needs of sectors , while ensuring adequate protection of workers . it applies without prejudice to directive 2002 / 15 / ec of the european parliament and of the council . 40 __________________ 40 directive 2002 / 15 / ec of the european parliament and of the council of 11 march 2002 on the organisation of the working time of persons performing mobile road transport activities . ### a reasonable minimum advance notice , understood as the period of time between the moment a worker is informed about a new work assignment and the moment the assignment starts , constitutes another necessary element of predictability of work for employment relationships with work patterns which are entirely or mostly unpredictable and mostly determined by the employer . the length of the advance notice period may vary according to the needs of sectors , while ensuring adequate protection of workers . it applies without prejudice to directive 2002 / 15 / ec of the european parliament and of the council . 40 __________________ 40 directive 2002 / 15 / ec of the european parliament and of the council of 11 march 2002 on the organisation of the working time of persons performing mobile road transport activities .