### market surveillance authorities act in the interest of economic operators , end - users , and of the general public , to ensure that public interests established by union harmonisation legislation on products are consistently preserved and protected through appropriate enforcement action , and that compliance with such legislation is ensured across the supply chain through appropriate controls . consequently , market surveillance authorities should account to economic operators , end - users and the general public for the efficiency and effectiveness of the activities they perform . they should provide access to information concerning the organisation and performance of their activities , including controls , and regularly publish information on activities performed and the results of such activities . they should also , subject to certain conditions , be entitled to publish or to make available information about the compliance record of individual economic operators based on the outcome of market surveillance controls . ### market surveillance authorities act in the interest of economic operators , end - users , and of the general public , to ensure that public interests established by union harmonisation legislation on products are consistently preserved and protected through appropriate enforcement action , and that compliance with such legislation is ensured across the supply chain through appropriate controls . consequently , market surveillance authorities should account to economic operators , end - users and the general public for the efficiency and effectiveness of the activities they perform . they should provide access to information concerning the organisation and performance of their activities , including controls , and regularly publish information on activities performed and the results of such activities . they should also , subject to certain conditions , be entitled to publish or to make available information about the compliance record of individual economic operators based on the outcome of market surveillance controls , particularly in the case of economic operators that have been found to have repeated breaches in compliance with union harmonisation legislation .


### for any other reason , there is cause to believe that the product will not comply with the requirements set out in the union harmonisation legislation applicable to it when it is placed on the market or that it will pose a serious risk . ### for any other reason , there is a reasonable and justified cause to believe that the product does not comply with the requirements set out in the union harmonisation legislation applicable to it with the aim of placing it on the market or that it poses a serious risk .


### the power to take temporary measures , where there are no other effective means available to prevent a serious risk , including in particular temporary measures requiring hosting service providers to remove , disable or restrict access to content or to suspend or restrict access to a website , service or account or requiring domain registries or registrars to put a fully qualified domain name on hold for a specific period of time ; ### the power to take temporary measures , where there are no other effective means available to prevent a serious risk , including in particular temporary measures requiring hosting service providers to block or restrict access to certain content or to suspend or restrict access to a website , service or account or requiring domain registries or registrars to put a fully qualified domain name on hold for a specific period of time ;


### the framework for market surveillance should be strengthened , with a view to further improving compliance with and enforcement of union harmonisation legislation on products . ### currently , the implementation of surveillance to guarantee compliance is insufficient . the framework for market surveillance should be strengthened in order to reach the set objectives , with a view to further improving compliance with and enforcement of union harmonisation legislation on products . surveillance of compliance should go beyond monitoring of safety of a product , and cover other eu standards such as labour , health and environmental standards .


### cooperating with the market surveillance authorities , at their request , on any action taken to eliminate or , if that is not possible , mitigate the risks posed by the product . ### cooperate with the market surveillance authorities and take immediate action to remedy any case of non - compliance with the requirements set out in union harmonisation legislation applicable to the product in question , at their own initiative or when required to do so by the market surveillance authorities ;


### cooperating with the market surveillance authorities , at their request , on any action taken to eliminate or , if that is not possible , mitigate the risks posed by the product . ### cooperating with the market surveillance authorities and taking immediate action to eliminate , or , if that is not possible , mitigate or remedy the case of a product presenting a risk or the case of a product being non - compliant with the requirements set out in union harmonisation legislation or harmonised standards applicable to the product in question , at their own initiative or when required to do so by the market surveillance authorities ;


### the taking by them of appropriate and proportionate temporary measures and the taking by economic operators of appropriate and proportionate corrective action in relation to compliance with that legislation and this regulation . ### the taking by them of appropriate and proportionate measures and the taking by economic operators of appropriate and proportionate corrective action in relation to compliance with that legislation and this regulation .


### market surveillance authorities may enter into memoranda of understanding with businesses or organisations representing businesses or end - users for the carrying out , or financing , of joint activities aimed at identifying non - compliance or promoting compliance in specific geographical areas or with respect to specific categories of product . ### market surveillance authorities may enter into memoranda of understanding with custom authorities , port and airport authorities , economic operators or organisations representing economic operators or end - users for the carrying out , or financing , of joint activities aimed at raising awareness , providing advice and guidance in relation to the union harmonisation legislation , promoting voluntary actions , identifying non - compliance or promoting compliance in specific geographical areas or with respect to specific categories of products .


### market surveillance authorities may enter into memoranda of understanding with businesses or organisations representing businesses or end - users for the carrying out , or financing , of joint activities aimed at identifying non - compliance or promoting compliance in specific geographical areas or with respect to specific categories of product . ### market surveillance authorities may enter into memoranda of understanding with custom authorities , port and airport authorities , manufactures or importers , businesses or organisations representing businesses or end - users for the carrying out , or financing , of joint activities aimed at identifying non - compliance or promoting compliance in specific geographical areas or with respect to specific categories of products to address , inter alia , issues of specific concern for consumers in that area . the market surveillance authority shall provide the draft memorandum of understanding to the commission before its adoption . the commission shall provide an opinion to the market surveillance authorities on the draft memorandum and the implementation report .


### this regulation lays down rules and procedures for the provision of compliance information about certain products that are the subject of union acts harmonising the conditions for the marketing of those products . it establishes a framework for cooperation with economic operators in relation to such products . ### the present regulation has the objective to improve the functioning of the single market of goods by strengthening market surveillance of goods covered by legislative acts of the union harmonising the conditions of their marketing , in order to ensure that they meet the requirements guaranteeing a high level of protection of public interests such as health and safety in general , health and safety in the work place , the protection of consumers , protection against counterfeit products , protection of the environment and security .


### the identity and contact details of the person responsible for compliance information with respect to the product shall be indicated on or identifiable from information indicated on the product , its packaging , the parcel or an accompanying document . ### the name , registered trade name or registered trade mark and the contact details , including the postal address , of the person responsible for compliance with respect to the product shall be indicated on the product or , where not possible because of the size or physical characteristics of the product , on its packaging or the accompanying documents .


### market surveillance authorities and the customs authorities shall exchange information on the status of the authorised economic operators and their record of compliance related to product safety . ### market surveillance authorities and the customs authorities shall exchange information on the status of the authorised economic operators and their record of compliance with the union harmonisation legislation , related to but not limited to product safety , including with general eus standards such as the environment and labour laws .


### the identity and contact details of the person responsible for compliance information with respect to the product shall be indicated on or identifiable from information indicated on the product , its packaging , the parcel or an accompanying document . ### the name , registered trade name or registered trademark and the contact details , including the postal address , and if available a website address of the person responsible for compliance with respect to the product shall be indicated on the product or where not possible because of the size or physical characteristics of the product on its packaging or the parcel or an accompanying documents . when the manufacturer , the importer or the authorised representative use a website address in addition to the other required information to identify the person responsible for compliance , this website address can be used instead of the physical address , as defined in articles r2 - 6 and r4 - 3 of decision 768 / 2008 / ec .


### applicability of regulation 765 / 2008 and amendments to union harmonisation legislation ### amendments to regulation 765 / 2008


### person responsible for compliance information ### person responsible for compliance


### at the request of an applicant authority , the requested authority shall without delay take all necessary enforcement measures using the powers conferred on it under this regulation in order to bring an instance of non - compliance to an end . ### at the request of an applicant authority or the commission or any other stakeholders bringing the evidence of non - compliance , the requested authority shall without delay take all necessary enforcement measures using the powers conferred on it under this regulation in order to bring an instance of non - compliance to an end . in case the requested authority would not take action , the commission could itself take all necessary enforcement measures .


### to request any representative or member of staff of the economic operator to give explanations of facts , information or documents relating to the subject - matter of the inspection and to record their answers ; ### to request any representative or member of staff designated to represent the economic operator to give explanations of facts , information or documents relating to the subject - matter of the inspection and to record their answers ;


### the report shall assess whether this regulation achieved its objectives , in particular with regard to reducing the number of non - compliant products on the union market , ensuring effective and efficient enforcement of union harmonisation legislation within the union , improving cooperation between competent authorities and strengthening the controls on products entering the union market , whilst taking into account the impact on business and in particular on small and medium - sized enterprises . in addtion , the evaluation should also assess the effectiveness of the market surveillance activities that receive union financing in the light of the requirements of union policies and legislation . ### the report shall assess whether this regulation achieved its objectives , in particular with regard to reducing the number of non - compliant products on the union market , ensuring effective and efficient enforcement of union harmonisation legislation within the union , improving cooperation between competent authorities and strengthening the controls on products entering the union market , whilst taking into account the impact on business and in particular on small and medium - sized enterprises . in addition , the evaluation should also assess the effectiveness of the market surveillance activities that receive union financing in the light of the requirements of union policies and legislation , as well as explore and propose new market - based solutions that could effectively complement the market surveillance actions that are currently being carried out , and shall include , but not be limited to , exploring the potential of compulsory independent third party auditing schemes .


### a fairer single market should ensure equal conditions for competition to all economic operators and protection against unfair competition . to this purpose , strengthened enforcement of union harmonisation legislation on products is necessary . good cooperation between manufacturers and the market surveillance authorities is a key element allowing immediate intervention and corrective action in relation to the product . it is important that there should be a contact person established in the union so that market surveillance authorities have someone to whom questions can be addressed regarding a product’s compliance with union harmonisation legislation . the person responsible for providing such compliance information should be the manufacturer , or the importer , or another person designated by the manufacturer for this purpose , for example another economic operator . the role of a person responsible for compliance information established in the union is essential for providing market surveillance authorities with an interlocutor established in the union , and for performing specific tasks in a timely manner to ensure that the products comply with the requirements of union harmonisation legislation , for the benefit of consumers , workers and businesses within the union . the provisions in this regulation requiring there to be a person established in the union responsible for compliance information should not apply where specific requirements set out in certain legal instruments on products achieve the same result in effect , namely article 4 of regulation no 1223 / 2009 , article 15 of regulation 2017 / 745 and article 15 of regulation 2017 / 746 . ### a fairer single market should ensure equal conditions for competition to all economic operators and protection against unfair competition . to this purpose , strengthened enforcement of union harmonisation legislation on products is necessary . good cooperation between manufacturers , distributors and the market surveillance authorities is a key element allowing immediate intervention and corrective action in relation to the product . it is important that there should be a contact person established in the union so that market surveillance authorities have someone to whom questions can be addressed regarding a product’s compliance with union harmonisation legislation . the person responsible for providing such compliance information should be the manufacturer or its authorised representative , an importer when the manufacturer is not established in the union and there is no other authorised representative , or – in case there is no manufacturers or importer established in the union - another person designated by the manufacturer for this purpose , for example another economic operator .


### an effective way to ensure that unsafe or non - compliant products are not placed on the union market would be to detect such products before they are released for free circulation . customs authorities , as authorities in charge of the control on products entering the customs territory of the union , enjoy a complete overview of trade flows across the external borders , and should therefore be required to carry out adequate controls on a risk assessment basis , to contribute to a safer market place . a uniform enforcement of union harmonisation legislation on products can only be achieved through systematic cooperation and exchange of information between market surveillance and customs authorities . these authorities should receive well in advance from the market surveillance authorities all the necessary information concerning non - compliant products or information on economic operators where a higher risk of non - compliance has been identified . in turn , customs authorities should inform the market surveillance authorities in a timely manner of the release of products for free circulation , and the results of controls , where such information is relevant for the enforcement of union harmonisation legislation on products . furthermore , where the commission becomes aware of a serious risk posed by an imported product , it should inform the member states about those risks in order to ensure coordinated and more effective compliance and enforcement controls at the first points of entry to the union . ### an effective way to ensure that unsafe or non - compliant products are not placed on the union market would be to detect such products before they are released for free circulation . customs authorities , as authorities in charge of the control on products entering the customs territory of the union , enjoy a complete overview of trade flows across the external borders , and should therefore be required to carry out adequate controls on a risk assessment basis , to contribute to a safer market place , which ensures a high level of human health , consumer and environmental protection . a uniform enforcement of union harmonisation legislation on products can only be achieved through systematic cooperation and exchange of information between market surveillance and customs authorities . these authorities should receive well in advance from the market surveillance authorities all the necessary information concerning non - compliant products or information on economic operators where a higher risk of non - compliance has been identified . in turn , customs authorities should inform the market surveillance authorities in a timely manner of the release of products for free circulation , and the results of controls , where such information is relevant for the enforcement of union harmonisation legislation on products . furthermore , where the commission becomes aware of a serious risk posed by an imported product , it should inform the member states about those risks in order to ensure coordinated and more effective compliance and enforcement controls at the first points of entry to the union .


### market surveillance authorities may enter into memoranda of understanding with businesses or organisations representing businesses or end - users for the carrying out , or financing , of joint activities aimed at identifying non - compliance or promoting compliance in specific geographical areas or with respect to specific categories of product . ### market surveillance authorities may enter into memoranda of understanding with economic operators , or organisations representing economic operators or end - users for the carrying out , or financing , of joint activities aimed at raising awareness , providing advice and guidance in relation to the union harmonisation legislation , promoting voluntary actions , identifying non - compliance or promoting compliance in specific geographical areas or with respect to specific categories of product , including the products sold online .


### to request any representative or member of staff of the economic operator to give explanations of facts , information or documents relating to the subject - matter of the inspection and to record their answers ; ### to request a person authorised to represent the economic operator to give explanations of facts , information or documents relating to the subject - matter of the inspection and to record his answers ;


### market surveillance authorities shall perform appropriate checks on the characteristics of products on an adequate scale , by means of documentary checks and , where appropriate , physical and laboratory controls on the basis of a representative sample . ### market surveillance authorities shall perform appropriate checks on the characteristics of products on an adequate scale , in accordance with the common methodology defined by the commission , by means of documentary checks and , where appropriate , physical and laboratory controls on the basis of a representative sample . the commission is empowered to adopt delegated acts , laying down minimum percentages for the number of checks that market surveillance authorities are to perform on products of different product categories in accordance with priorities determined by the union product compliance network .


### the commission shall develop and maintain an information and communication system for the collection and storage of information , in a structured form , on issues relating to the enforcement of union harmonisation legislation . the commission , single liaison offices , and authorities designated in accordance with article 26 shall have access to that system . ### the commission shall develop and maintain an information and communication system for the collection , processing and storage of information , in a structured form , on issues relating to the enforcement of union harmonisation legislation . the aim is to enable sharing of relevant data between member states and to allow the commission to monitor market surveillance activities . the commission , single liaison offices , market surveillance authorities and authorities designated in accordance with article 26 shall have access to that system . the information and communication system shall be linked through a common interface to the existing electronic system of the customs administration , based on regulation no 952 / 2013 of the european parliament and of the council laying down the union customs code as well as to the community rapid information system rapex , based on directive 2001 / 95 / ec of the european parliament and of the council on general product safety .


### market surveillance authorities shall perform appropriate checks on the characteristics of products on an adequate scale , by means of documentary checks and , where appropriate , physical and laboratory controls on the basis of a representative sample . ### market surveillance authorities shall perform appropriate checks on the characteristics of products on an adequate scale and with adequate frequency , by means of documentary checks and , where appropriate , sufficient physical and laboratory controls on the basis of sufficient representative samples .


### ‘ serious risk’ means any serious risk , including a serious risk where the effects are not immediate , requiring rapid intervention by the market surveillance authorities ; ### ‘ serious risk’ means any risk requiring rapid intervention and follow - up , including cases where the effects may not be immediate ; any product that does not meet an essential requirement defined in union harmonisation legislation , or any product that does not meet the general product safety criteria on the basis of directive 2001 / 95 / ec shall be considered as presenting a serious risk ;


### the commission may exchange confidential market surveillance related information with regulatory authorities of third countries or international organisations where it has concluded confidentiality arrangements based on reciprocity with those authorities or organisations . ### the commission may exchange confidential market surveillance related information with regulatory authorities of third countries or international organisations where it has concluded confidentiality arrangements based on reciprocity with those authorities or organisations , while observing the principle of confidentiality and proportionality where necessary in order to protect professional and commercial secrets or to preserve personal data , to establish whether a product is non - compliant and to ensure that the non - compliance can be brought to an end .


### a fairer single market should ensure equal conditions for competition to all economic operators and protection against unfair competition . to this purpose , strengthened enforcement of union harmonisation legislation on products is necessary . good cooperation between manufacturers and the market surveillance authorities is a key element allowing immediate intervention and corrective action in relation to the product . it is important that there should be a contact person established in the union so that market surveillance authorities have someone to whom questions can be addressed regarding a product’s compliance with union harmonisation legislation . the person responsible for providing such compliance information should be the manufacturer , or the importer , or another person designated by the manufacturer for this purpose , for example another economic operator . the role of a person responsible for compliance information established in the union is essential for providing market surveillance authorities with an interlocutor established in the union , and for performing specific tasks in a timely manner to ensure that the products comply with the requirements of union harmonisation legislation , for the benefit of consumers , workers and businesses within the union . the provisions in this regulation requiring there to be a person established in the union responsible for compliance information should not apply where specific requirements set out in certain legal instruments on products achieve the same result in effect , namely article 4 of regulation no 1223 / 2009 , article 15 of regulation 2017 / 745 and article 15 of regulation 2017 / 746 . ### a fairer single market should ensure equal conditions for competition to all economic operators and protection against unfair competition . to this purpose , strengthened enforcement of union harmonisation legislation on products is necessary . good cooperation between manufacturers , distributors , wholesalers , retailers and the market surveillance authorities is a key element allowing immediate intervention and corrective action in relation to the product . it is important that there should be a contact person established in the union so that market surveillance authorities have someone to whom questions can be addressed regarding a product’s compliance with union harmonisation legislation . the person responsible for providing such compliance information should be the manufacturer or its authorised representative designated for this purpose . when the manufacturer is not established in the union and it has no authorised representative , the person responsible for providing such compliance information should be the importer or the distributor . the role of a person responsible for compliance information established in the union is essential for providing market surveillance authorities with an interlocutor established in the union , and for performing specific tasks in a timely manner to ensure that the products comply with the requirements of union harmonisation legislation , for the benefit of consumers , workers and businesses within the union . the provisions in this regulation requiring there to be a person established in the union responsible for compliance information should not apply where specific requirements set out in certain legal instruments on products achieve the same result in effect , namely article 4 of regulation no 1223 / 2009 , article 15 of regulation 2017 / 745 and article 15 of regulation 2017 / 746 .


### the commission may exchange confidential market surveillance related information with regulatory authorities of third countries or international organisations where it has concluded confidentiality arrangements based on reciprocity with those authorities or organisations . ### in order to improve the efficiency of market surveillance in the union , the commission may exchange confidential market surveillance related information with regulatory authorities of third countries or international organisations where it has concluded confidentiality arrangements based on reciprocity with those authorities or organisations .


### this regulation lays down rules and procedures for the provision of compliance information about certain products that are the subject of union acts harmonising the conditions for the marketing of those products . it establishes a framework for cooperation with economic operators in relation to such products . ### this regulation aims to protect the health , safety and security of european consumers , as well as the environment , and provides procedures to ensure that only safe and compliant products shall be made available to european consumers .


### in order to support customs and market surveillance authorities in carrying out tasks related to controls on products entering the customs territory of the union , a more favourable treatment should be granted for products declared for free circulation by an authorised economic operator , as defined in article 38 of regulation no 952 / 2013 , pending the establishment of the procedure for the exchange of information on the status of the authorised economic operators and their record of compliance related to product safety . such an approach should allow a more targeted control , on a risk basis , of products released for free circulation . ### in order to support customs and market surveillance authorities in carrying out tasks related to controls on products entering the customs territory of the union , a more favourable treatment should be granted for products declared for free circulation by an authorised economic operator , as defined in article 38 of regulation no 952 / 2013 , pending the establishment of the procedure for the exchange of information on the status of the authorised economic operators and their record of compliance with the union harmonisation law , related to including but not limited to product safety . such an approach should allow a more targeted control , on a risk basis , of products released for free circulation .


### the framework for market surveillance should be strengthened , with a view to further improving compliance with and enforcement of union harmonisation legislation on products . ### currently , the implementation of surveillance to guarantee compliance is insufficient . the framework for market surveillance should be strengthened in order to reach the set objectives , with a view to further improving compliance with and enforcement of union harmonisation legislation on products . surveillance of compliance should go beyond monitoring of safety of a product , and cover other eu standards such as labour , health and environmental standards .


### approval may only be granted to a third country under paragraph 3 following an audit within the union demonstrating that the following conditions are satisfied : ### approval may only be granted to a third country under paragraph 3 following audits within relevant third country and , where appropriate , in the union demonstrating that the following conditions are satisfied :


### at the request of an applicant authority , the requested authority shall supply any information that the requested authority deems relevant to establish whether a product is non - compliant and to ensure that the non - compliance can be brought to an end . ### at the request of an applicant authority , the requested authority shall supply any information that the requested authority deems relevant , while observing the principle of confidentiality and proportionality where necessary in order to protect professional and commercial secrets or to preserve personal data , to establish whether a product is non - compliant and to ensure that the non - compliance can be brought to an end .


### globalisation and technological change is likely to further increase the interconnectedness and interdependence of world economies . labour reallocation is an integral and inevitable part of such economic change . if the benefits of change are to be distributed fairly , offering assistance to displaced workers and those threatened by displacement is of utmost importance . the ‘ eu quality framework for anticipation of change and restructuring’22 , is the union policy instrument that sets the framework of best practice for anticipating and dealing with corporate restructuring . it offers a comprehensive framework on how the challenges of economic adjustment and restructuring and their employment and social impact should be addressed by adequate policy means . it also calls upon member states to use eu and national funding in a way to ensure that the social impact of restructuring , especially the adverse effects on employment , can be cushioned more effectively . the main union instruments to assist workers affected are the european social fund plus , which is designed to offer assistance in an anticipatory way , and the egf , which is designed to offer assistance in the case of unexpected major restructuring events in a reactive manner . _________________ 22 communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions eu quality framework for anticipation of change and restructuring , 882 final , 13 . 12 . 2013 ) . ### globalisation and technological change is likely to further increase the interconnectedness and interdependence of world economies . labour reallocation is an integral and inevitable part of such economic change . if the benefits of change are to be distributed fairly , offering assistance to displaced workers and those threatened by displacement is of utmost importance . the ‘ eu quality framework for anticipation of change and restructuring’22 , is the union policy instrument that sets the framework of best practice for anticipating and dealing with corporate restructuring . it offers a comprehensive framework on how the challenges of economic adjustment and restructuring and their employment and social impact should be addressed by adequate policy means . it also calls upon member states to use eu and national funding in a way to ensure that the social impact of restructuring , especially the adverse effects on employment , can be cushioned more effectively . the main union instruments to assist workers affected are the european social fund plus , which is designed to offer assistance in an anticipatory way , and the egf , which is designed to offer assistance in the case of unexpected major restructuring events in a reactive manner . as part of a more proactive approach , the egf may be used to help workers who are still employed but will be displaced within a certain period of time . _________________ 22 communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions eu quality framework for anticipation of change and restructuring , 882 final , 13 . 12 . 2013 ) .


### member states should pay particular attention to disadvantaged beneficiaries , including young and older unemployed persons and those at risk of poverty , when designing the coordinated package of active labour market policy measures , given that those groups experience particular problems in re - entering the labour market . notwithstanding , the principles of gender equality and of non - discrimination , which are among the union’s core values and are enshrined in the european pillar of social rights , should be respected and promoted when implementing the egf . ### member states should pay particular attention to disadvantaged beneficiaries , including young and older unemployed persons and those at risk of poverty and from isolated or inaccessible areas , when designing the coordinated package of active labour market policy measures , given that those groups experience particular problems in re - entering the labour market . notwithstanding , the principles of gender equality and of non - discrimination , which are among the union’s core values and are enshrined in the european pillar of social rights , should be respected and promoted when implementing the egf .


### the specific objective of the egf is to offer assistance in case of unexpected major restructuring events , particularly those caused by globalisation - related challenges , such as changes in world trade patterns , trade disputes , financial or economic crises , the transition to low - carbon economy or as a consequence of digitisation or automation . particular emphasis shall lie on measures that help the most disadvantaged groups . ### the specific objective of the egf is to offer assistance in case of major restructuring events , particularly those caused by globalisation - related challenges , such as changes in world trade patterns , trade disputes , financial or economic crises , the transition to low - carbon economy , particularly in regions affected by the phasing - out of coal , or as a consequence of digitisation or automation . particular emphasis shall lie on measures that help the most disadvantaged groups .


### as stated , in order to maintain the european nature of the egf , an application for support should be triggered when a major restructuring event causes a significant impact on the local or regional economy . such an impact should be defined by a minimum number of job displacements within a specific reference period . taking into account the findings of the mid - term evaluation , the threshold shall be set at 250 jobs displacement within a reference period of four months . taking into account that waves of dismissals in different sectors but the same region have an equally significant impact on the local labour market , regional applications shall be possible as well . in small labour markets , such as small member states or remote regions , including the outermost regions as referred in article 349 of the tfeu , or in exceptional circumstances , applications could be submitted in case of a lower number of job displacements . ### as stated , in order to maintain the european nature of the egf , an application for support should be triggered when a major restructuring event causes a significant impact on the local or regional economy . such an impact should be defined by a minimum number of job displacements within a specific reference period . taking into account the findings of the mid - term evaluation , the threshold shall be set at 150 jobs displacement within a reference period of six months . taking into account that waves of dismissals in different sectors but the same region have an equally significant impact on the local labour market , regional applications shall be possible as well . in small labour markets , such as small member states or remote regions , including the outermost regions as referred in article 349 of the tfeu , or in exceptional circumstances , applications could be submitted in case of a lower number of job displacements .


### the identification , where applicable , of the dismissing enterprises , suppliers or downstream producers , sectors , and the categories of targeted beneficiaries broken down by gender , age group and educational level ; ### the identification , where applicable , of the dismissing enterprises , suppliers or downstream producers , sectors , and the categories of targeted beneficiaries broken down by gender , age and educational level ;


### the cessation of activity of more than 250 displaced workers or self - employed persons , over a reference period of six months , particularly in smes , where all operate in the same economic sector defined at nace revision 2 division level and located in one region or two contiguous regions defined at nuts 2 level or in more than two contiguous regions defined at nuts 2 level provided that there are more than 250 workers or self - employed persons affected in two of the regions combined ; ### the cessation of activity of more than 150 displaced workers or self - employed persons , over a reference period of six months , particularly in smes , where all operate in the same economic sector defined at nace revision 2 division level and located in one region or two contiguous regions defined at nuts 2 level or in more than two contiguous regions defined at nuts 2 level provided that there are more than 150 workers or self - employed persons affected in two of the regions combined ;


### the results of a beneficiary survey conducted six months after the end of the implementation period , which shall cover the perceived change in the employability of beneficiaries , or for those who already found employment , more information on the quality of employment found , such as the change in working hours , level of responsibility or change of salary level in comparison to previous employment , and the sector in which the person found employment and break down this information by gender , age group and education level ; ### the results of a beneficiary survey conducted six months after the end of the implementation period , which shall cover the perceived change in the employability of beneficiaries , or for those who already found employment , more information on the quality of employment found , such as the change in working hours , level of responsibility or change of salary level in comparison to previous employment , and the sector in which the person found employment ;


### the general objective of the programme is to demonstrate solidarity with and offer support to displaced workers and self - employed persons whose activity has ceased in the course of unexpected major restructuring events , referred to in article 5 . ### the general objective of the programme is to demonstrate solidarity with and offer financial support for providing active labour market measures&#160 ; to displaced workers and self - employed persons whose activity has ceased in the course of unexpected major restructuring events , referred to in article 5 .


### financial contributions from the egf should be primarily directed at active labour market measures aimed at reintegrating beneficiaries rapidly into sustainable employment , either within or outside their initial sector of activity . measures should reflect the prospected needs of the local or regional labour market . however , whenever relevant , the mobility of displaced workers should also be supported in order to help find new employment elsewhere . a particular focus shall be laid on the dissemination of skills required in the digital age . the inclusion of pecuniary allowances in a coordinated package of personalised services should be restricted . companies could be encouraged to participate in the national co - funding for the egf - supported measures . ### financial contributions from the egf should be primarily directed at active labour market measures aimed at reintegrating beneficiaries rapidly into sustainable employment , either within or outside their initial sector of activity . measures should reflect the prospected needs of the local or regional labour market . however , whenever relevant , the mobility of displaced workers should also be supported in order to help find new employment elsewhere or in other regions . a particular focus shall be laid on the dissemination of skills required in the digital age and on access to digital technology . the inclusion of pecuniary allowances in a coordinated package of personalised services should be restricted . companies could be encouraged to participate in the national co - funding for the egf - supported measures .


### the cessation of activity of more than 250 displaced workers or self - employed persons , over a reference period of four months , in an enterprise in a member state , including where that cessation applies in its suppliers or downstream producers ; ### the cessation of activity of more than 150 displaced workers or self - employed persons , over a reference period of six months , in an enterprise in a member state , including where that cessation applies in its suppliers or downstream producers ;


### where , on the basis of the assessment carried out in accordance with article 9 , the commission concludes that the conditions for a financial contribution under this regulation are not met , it shall immediately notify the applicant member state . ### where , on the basis of the assessment carried out in accordance with article 9 , the commission concludes that the conditions for a financial contribution under this regulation are not met , it shall immediately notify the applicant member state , together with proper justification .


### the commission shall , on the basis of the assessment carried out in accordance with article 9 and in particular taking into account the number of targeted beneficiaries , the proposed measures and the estimated costs , evaluate and propose as quickly as possible the amount of a financial contribution from the egf , if any , that may be made within the limits of the resources available . ### the commission shall , on the basis of the assessment carried out in accordance with article 9 and in particular taking into account the number of targeted beneficiaries , the proposed measures and the estimated costs , evaluate and propose , within 15 working days after the completion of the assessment of the application ' s compliance with the conditions for providing a financial contribution , the amount of a financial contribution from the egf , if any , that may be made within the limits of the resources available .


### the general objective of the programme is to demonstrate solidarity with and offer support to displaced workers and self - employed persons whose activity has ceased in the course of unexpected major restructuring events , referred to in article 5 . ### the general objective of the programme is to demonstrate solidarity with and offer support to displaced workers and self - employed persons whose activity has ceased in the course of major restructuring events , referred to in article 5 .


### this directive strengthens the protection of workers’ health and safety at their workplace . new limit values should be set out in directive 2004 / 37 / ec in the light of available information , including new scientific and technical data and evidence - based best practices , techniques and protocols for exposure level measurement at the workplace . that information should , if possible , include data on residual risks to the health of workers , recommendations of the scientific committee on occupational exposure limits and opinions of the committee for risk assessment of the european chemicals agency , as well as opinions of the advisory committee on safety and health at work . information related to residual risk , made publicly available at union level , is valuable for any future work to limit risks from occupational exposure to carcinogens and mutagens . transparency of such information should be further encouraged . ### this directive strengthens the protection of workers’ health and safety at their workplace . new limit values should be set out in directive 2004 / 37 / ec in the light of available information , including new scientific and technical data and evidence - based best practices , techniques and protocols for exposure level measurement at the workplace . that information should , if possible , include data on residual risks to the health of workers , recommendations of the scientific committee on occupational exposure limits , opinions of the committee for risk assessment of the european chemicals agency , opinions of the advisory committee on safety and health at work and monographs of the international agency for research on cancer . information related to residual risk , made publicly available at union level , is valuable for any future work to limit risks from occupational exposure to carcinogens and mutagens . transparency of such information should be further encouraged . __________________ 1a the international agency for research on cancer was set up in 1965 by the united nations world health organization .


### in implementing this directive member states should avoid imposing administrative , financial and legal constraints in a way which would hold back the creation and development of small and medium - sized undertakings . member states are therefore invited to assess the impact of their transposition act on smes in order to make sure that smes are not disproportionately affected , with specific attention for micro - enterprises and for administrative burden , and to publish the results of such assessments . ### in implementing this directive member states should take the everyday existence of small and medium - sized undertakings into account . member states are therefore invited to assess the impact of their transposition act on smes in order to make sure that smes are not disproportionately affected , with specific attention for micro - enterprises and for administrative burden , and to publish the results of such assessments .


### the agency’s host member state shall provide the best possible conditions to ensure the proper functioning of the agency , including the accessibility of the location , the existence of adequate education facilities for the children of staff members , appropriate access to the labour market , social security and medical care for both children and spouses . ### the agency’s host member state shall provide the best possible conditions to ensure the proper functioning of the agency , including a single location for the entire agency , the accessibility of the location , the existence of adequate education facilities for the children of staff members , appropriate access to the labour market , social security and medical care for both children and spouses .


### the eib shall target that at least 40 % of efsi financing under the infrastructure and innovation window supports projects with components that contribute to climate action , in line with the cop21 commitments . the steering board shall provide detailed guidance to that end . ; ### ‘ the eib shall target that at least 20 % of efsi financing under the infrastructure and innovation window supports projects under point with components that contribute to climate action , in line with the cop21 commitments . the steering board shall provide detailed guidance to that end . ; ’


### for the calculation of the numerator , the energy content of advanced biofuels and other biofuels and biogas produced from feedstock listed in annex ix , renewable liquid and gaseous transport fuels of non - biological origin , waste based fossil fuels supplied to all transport sectors , and renewable electricity supplied to road vehicles , shall be taken into account . ### for the calculation of the numerator , the energy content of advanced biofuels , renewable liquid and gaseous transport fuels of non - biological origin , waste based fossil fuels supplied to all transport sectors , and renewable electricity supplied to road vehicles , shall be taken into account .


### harvesting does not exceed the long - term production capacity of the forest ; ### harvesting maintains or improves the long - term productivity capacity of the forest ;


### harvesting does not exceed the long - term production capacity of the forest . ### harvesting maintains or improves the long - term productivity capacity of the forest .


### a person who normally pursues an activity as a self - employed person in a member state who goes to pursue a similar activity in another member state shall continue to be subject to the legislation of the first member state , provided that the anticipated duration of such activity does not exceed 24 months and that the person is not replacing another posted employed or self - employed person . . ### a person who normally pursues an activity as a self - employed person in a member state who goes to pursue a similar activity in another member state shall continue to be subject to the legislation of the first member state , provided that the anticipated duration of such activity does not exceed 24 months .


### in order to enable a timely update of this regulation to the developments at the national level , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the european commission in respect of amending the annexes to this regulation and regulation no 987 / 2009 . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 . 36 in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . __________________ 36 oj l 123 , 12 . 5 . 2016 , p . 1–14 . ### in order to enable a timely update of this regulation to the developments at the national level , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in order to amend the annexes to this regulation and to regulation no 987 / 2009 , and to supplement this regulation by establishing a concrete , consistent and functional adjustment mechanism for the allocation of family benefits in relation to children residing in member states other than the competent member state . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 . 36 in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and council receive all documents at the same time as member states’ experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . __________________ 36 oj l 123 , 12 . 5 . 2016 , p . 1–14 .


### ‘ fraud’ means any intentional act or omission to act , in order to obtain or receive social security benefits or to avoid to pay social security contributions , contrary to the law of a member state ; . ### ‘ fraud’ means any intentional act or omission to act , in order to obtain or receive social security benefits or to avoid to pay social security contributions , contrary to the provisions of the basic regulation and the implementing regulation or the law of a member state


### the general data protection regulation , applicable from may 2018 onwards , by providing for a single set of rules directly applicable in the member states legal orders , will guarantee the free flow of personal data between eu member states and reinforce trust and security of the individuals , two indispensable elements for a real digital single market . the actions undertaken under this programme , when they involve the processing of personal data , should therefore support the application of the gdpr , for instance in the field of artificial intelligence and blockchain technology . ### regulation 2016 / 679 of the european parliament and of the council1a , applicable since may 2018 , by providing for a single set of rules directly applicable in the member states legal orders , guarantees the free flow of personal data between member states and reinforces trust and security of the individuals , two indispensable elements for a real digital single market . all actions undertaken under this programme , when they involve the processing of personal data , should therefore be in full compliance with that regulation . to the extent that the processing involves electronic communications data , due respect is to be paid to directive 2002 / 58 / ec of the european parliament and of the council1b . __________________ 1a regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec . 1b directive 2002 / 58 / ec of the european parliament and of the council of 12 july 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector .


### support cooperation towards achieving a european ecosystem for trusted infrastructures using distributed ledger services and applications , including support for interoperability and standardisation and fostering the deployment of eu cross - border applications ; ### support cooperation towards achieving a european ecosystem for trusted infrastructures using distributed ledger services and applications , including support for interoperability , encryption and standardisation and fostering the deployment of eu cross - border applications ;


### make those capacities accessible to all businesses and public administrations ; ### make those capacities accessible to all businesses , public research institutions and public administrations ;


### draft by the european central bank article 22 of the statute of the escb is part of chapter iv ‘ monetary functions and operations of the escb’ . the tasks conferred therein should accordingly only be used for monetary policy purposes . ### article 22 of the statute of the escb is part of chapter iv ‘ monetary functions and operations of the escb’ . the tasks conferred therein should accordingly only be used for monetary policy purposes . those tasks should be limited to areas that are of relevance to the conduct of monetary policy , including , but not limited to , liquidity , settlement , collateral , interoperability and margin requirements as well as to requirements allowing to obtain an overview of the activities of the clearing system , such as reporting requirements or requirements imposed on the clearing system to cooperate with the ecb and national central banks in their assessment of the resilience of the system to adverse market conditions . they can also include any requirements necessary to address situations in which a clearing system for financial instruments poses an imminent risk of substantial harm to union financial institutions , critical union markets , or the broader financial system of the union , including requirements imposed on the basis of provisional measures related to systemic liquidity risks , with a view in particular to guarantee the transmission of monetary policy and the smooth functioning of payment systems .


### text proposed by the european central bank in order to address these issues , on 13 june 2017 the commission presented its legislative proposal to ensure financial stability and the safety and soundness of ccps that are of systemic relevance for financial markets across the union . in order to ensure that the eurosystem as central bank of issue for the euro can carry out the role envisaged by the legislative proposal , it is of utmost importance that it has the relevant powers under the treaty and the statute of the escb . in particular , the eurosystem should have regulatory powers to adopt binding assessments and require remedial action , in close cooperation with other union authorities . moreover , where necessary to protect the stability of the euro , the ecb should also have the regulatory powers to adopt additional requirements for ccps involved in the clearing of significant amounts of euro - denominated transactions . ### in order to address these issues , on 13 june 2017 the commission presented its legislative proposal to ensure financial stability and the safety and soundness of ccps that are of systemic relevance for financial markets across the union . in order to ensure that the eurosystem as central bank of issue for the euro can carry out the role envisaged by the legislative proposal , it is of utmost importance that it has the relevant powers under the treaty and the statute of the escb . in particular , the eurosystem should have regulatory powers to adopt binding assessments and require remedial action in full respect and consistency with the regulatory powers provided for in the relevant union legislative acts and in close cooperation with other union authorities . moreover , where necessary to protect the stability of the euro , the ecb should also have the regulatory powers to adopt specific additional requirements provided for in the relevant union legislation related to the union recognition of clearing systems established in third countries for ccps involved in the clearing of significant amounts of euro - denominated transactions .


### the projects supported by the efsi that consist of physical infrastructure linking two or more member states or of the extension of physical infrastructure or services linked to physical infrastructure from one member state to one or more member states , shall also be considered to provide additionality . ' ; ### the projects supported by the efsi that consist of physical infrastructure linking two or more member states , candidate countries or potential candidate countries , or of the extension of physical infrastructure or services linked to physical infrastructure from one member state to one or more member states , candidate countries or potential candidate countries , shall also be considered to provide additionality , particularly within the scope of environmental policy , waste management and utilities .


### in line with the exceptional market demand for sme financing under the efsi which is expected to continue , the efsi sme window should be enhanced . particular attention should be paid to social enterprises , including through the development and deployment of new instruments . ### in line with the exceptional market demand for sme financing under the efsi which is expected to continue , the efsi sme window should be enhanced . particular attention should be paid to social enterprises , including through the development and deployment of new instruments and the diversification of financing sources by encouraging multiple financing such as crowdfunding .


### the projects supported by the efsi that consist of physical infrastructure linking two or more member states or of the extension of physical infrastructure or services linked to physical infrastructure from one member state to one or more member states , shall also be considered to provide additionality . ; ### the projects supported by the efsi that consist of physical or digital infrastructure linking two or more member states or of the extension of physical or digital infrastructure or services linked to physical or digital infrastructure from one member state to one or more member states , shall also be considered to provide additionality . ;


### the extended efsi should address remaining market failures and sub - optimal investment situations and continue to mobilise private sector financing in investments crucial for europe’s future job creation – including for the youth – , growth and competitiveness with strengthened additionality . they include investments in the areas of energy , environment and climate action , social and human capital and related infrastructure , healthcare , research and innovation , cross - border and sustainable transport , as well as the digital transformation . in particular , the contribution of operations supported by the efsi to achieving the union’s ambitious targets set at the paris climate conference should be reinforced . energy interconnection priority projects and energy efficiency projects should also be increasingly targeted . in addition , efsi support to motorways should be avoided , unless it is needed to support private investment in transport in cohesion countries or in cross - border transport projects involving at least one cohesion country . for reasons of clarity , although they are already eligible , it should be explicitly laid down that projects in the fields of agriculture , fishery and aquaculture come within the general objectives eligible for efsi support . ### the extended efsi should address remaining market failures and sub - optimal investment situations and continue to foster public and private partnerships and mobilise private sector financing in investments crucial for europe’s future job creation – including for the youth – , growth and competitiveness with strengthened additionality . they include investments in the areas of energy , environment and climate action , social and human capital and related infrastructure , healthcare , research and innovation , cross - border and sustainable transport , as well as the digital transformation . in particular , the contribution of operations supported by the efsi to achieving the union’s ambitious targets set at the paris climate conference should be reinforced . energy interconnection priority projects and energy efficiency projects should also be increasingly targeted . in addition , efsi support to motorways should be avoided , unless it is needed to support private investment in transport in cohesion countries or in cross - border transport projects involving at least one cohesion country . for reasons of clarity , although they are already eligible , it should be explicitly laid down that projects in the fields of agriculture , fishery and aquaculture come within the general objectives eligible for efsi support .


### the eib and the eif should ensure that the final beneficiaries , including smes , are informed of the existence of efsi support , so as to enhance the visibility of the eu guarantee granted under regulation 2015 / 1017 . ### the eib and the eif should ensure that the final beneficiaries , including smes , are informed of the existence of efsi support , so as to enhance the visibility of the eu guarantee granted under regulation 2015 / 1017 and to encourage preparation of investment projects in broad sectorial and geographical coverage .


### due to their potential to increase the efficiency of the efsi intervention , blending operations combining non - reimbursable forms of support and / or financial instruments from the union budget , such as those available under the connecting europe facility , and financing from eib group , including eib financing under the efsi , as well as other investors should be encouraged . blending aims to enhance the value added of union spending by attracting additional resources from private investors and to ensure the actions supported become economically and financially viable . ### due to their potential to increase the efficiency of the efsi intervention , blending operations combining non - reimbursable forms of support and / or financial instruments from the union budget , such as those available under the connecting europe facility , and financing from eib group , including eib financing under the efsi , as well as other investors should be encouraged . blending aims to enhance the value added of union spending by attracting additional resources from private investors and to ensure the actions supported become economically and financially viable . the combined use of efsi and esif can help attain a wider geographical coverage of efsi ; the way these funds are blended should be further developed and simplified .


### leveraging local knowledge to facilitate efsi support across the union and contributing where possible to the objective of sectorial and geographical diversification of the efsi referred to in section 8 of annex ii by supporting the eib to originate operations ; ; ### leveraging regional and local knowledge to facilitate efsi support across the union and contributing where possible to the objective of sectorial and geographical diversification of the efsi referred to in section 8 of annex ii by supporting the eib to originate operations ; ;


### regulation [ ] [ on the inclusion of greenhouse gas emissions and removals from land use , land use change and forestry into the 2030 climate and energy framework ] lays down accounting rules on greenhouse gas emissions and removals relating to land use , land - use change and forestry . while the environmental outcome under this regulation in terms of the levels of greenhouse gas emission reductions that are made is affected by taking into account a quantity up to the sum of total net removals and total net emissions from deforested land , afforested land , managed cropland and managed grassland as defined in regulation [ ] , flexibility for a maximum quantity of 280 million tonnes of co2 equivalent of these removals divided among member states according to the figures in annex iii should be included as an additional possibility for member states to meet their commitments when needed . where the delegated act to update the forest reference levels based on the national forestry accounting plans pursuant to article 8 of regulation [ lulucf ] is adopted , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of article 7 to reflect a contribution of the accounting category managed forest land in the flexibility provided by that article . before adopting such a delegated act , the commission should evaluate the robustness of accounting for managed forest land based on available data , and in particular the consistency of projected and actual harvesting rates . in addition , the possibility to voluntarily delete annual emission allocation units should be allowed under this regulation in order to allow for such amounts to be taken into account when assessing member states ' compliance with requirements under regulation [ ] . ### regulation [ ] [ on the inclusion of greenhouse gas emissions and removals from land use , land use change and forestry into the 2030 climate and energy framework ] lays down accounting rules on greenhouse gas emissions and removals relating to land use , land - use change and forestry . while the environmental outcome under this regulation in terms of the levels of greenhouse gas emission reductions that are made is affected by taking into account a quantity up to the sum of total net removals and total net emissions from deforested land , afforested land , managed cropland , managed grassland and also from managed forest land for those member states with a new forest reference level as defined in regulation [ ] , flexibility for a maximum quantity of at least 280 million tonnes of co2 equivalent of these removals divided among member states according to the figures in annex iii should be included as an additional possibility for member states to meet their commitments when needed . where the delegated act to update the forest reference levels based on the national forestry accounting plans pursuant to article 8 of regulation [ lulucf ] is adopted , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of article 7 in order to enable it to immediately amend paragraph 1 of that article to take into account the contribution of the accounting category managed forest land in the flexibility provided by that article . before adopting such a delegated act , the commission should evaluate the robustness of accounting for managed forest land based on available data , and in particular the consistency of projected and actual harvesting rates . in addition , the possibility to voluntarily delete annual emission allocation units should be allowed under this regulation in order to allow for such amounts to be taken into account when assessing member states ' compliance with requirements under regulation [ ] .


### on 10 june 2016 the commission presented the proposal for the eu to ratify the paris agreement . this legislative proposal forms part of the implementation of the eu ' s commitment in the paris agreement . the union ' s commitment to economy - wide emission reductions was confirmed in the intended nationally determined contribution of the union and its member states that was submitted to the secretariat of the unfccc on 6 march 2015 . ### the council ratified the paris agreement on 5 october 2016 , following the consent given by the european parliament on 4 october 2016 . the paris agreement entered into force on 4 november 2016 and aims at keeping the increase of global temperature to well below 2°c above pre - industrial levels and to pursue efforts to limit the temperature increase to 1 , 5°c above pre - industrial levels . this legislative proposal forms part of the implementation of the eu ' s commitment in the paris agreement . the union ' s commitment to economy - wide emission reductions was confirmed in the intended nationally determined contribution of the union and its member states that was submitted to the secretariat of the unfccc on 6 march 2015 .


### the member state shall be temporarily prohibited from transferring any part of its annual emission allocation to another member state until it is in compliance with this regulation . the central administrator shall implement this prohibition in the registry referred in article 11 . ### the member state shall be temporarily prohibited from transferring any part of its annual emission allocation to another member state until it is in compliance with article 4 of this regulation . the central administrator shall implement this prohibition in the registry referred in article 11 .


### additional use of up to 280 million net removals from deforested land , afforested land , managed cropland and managed grassland ### additional use of up to 280 million net removals from deforested land , afforested land , managed cropland , managed grassland and managed wetland .


### an addition to the member state ' s emission figure of the following year equal to the amount in tonnes of co2 equivalent of the excess greenhouse gas emissions , multiplied by a factor of 1 . 08 , in accordance with the measures adopted pursuant to article 11 ; and ### a deduction from the member state ' s emission allocation of the following year equal to the amount in tonnes of co2 equivalent of the excess greenhouse gas emissions , multiplied by a factor of 1 . 08 , in accordance with the measures adopted pursuant to article 11 ; and


### the approach of annually binding national limits taken in decision no 406 / 2009 / ec of the european parliament and of the council19 should be continued from 2021 to 2030 , with the start of the trajectory calculation in 2020 on the average of the greenhouse gas emissions during 2016 to 2018 and the end of the trajectory being the 2030 limit for each member state . an adjustment to the allocation in 2021 is provided for member states with both a positive limit under decision 406 / 2009 / ec and increasing annual emission allocations between 2017 and 2020 determined pursuant to decisions 2013 / 162 / eu and 2013 / 634 / eu , to reflect the capacity for increased emissions in those years . the european council concluded that the availability and use of existing flexibility instruments within the non - ets sectors should be significantly enhanced in order to ensure cost - effectiveness of the collective union effort and convergence of emissions per capita by 2030 . _________________ 19 decision no 406 / 2009 / ec of the european parliament and of the council of 23 april 2009 on the effort of member states to reduce their greenhouse gas emissions to meet the community’s greenhouse gas emission reduction commitments up to 2020 . ### the approach of annually binding national limits taken in decision no 406 / 2009 / ec of the european parliament and of the council should be continued from 2021 to 2030 , with the start of the trajectory calculation in 2020 on the value of annual emission allocation in this year and the end of the trajectory being the 2030 limit for each member state . an adjustment to the allocation in 2021 is provided for member states with both a positive limit under decision 406 / 2009 / ec and increasing annual emission allocations between 2017 and 2020 determined pursuant to decisions 2013 / 162 / eu and 2013 / 634 / eu , to reflect the capacity for increased emissions in those years . the european council concluded that the availability and use of existing flexibility instruments within the non - ets sectors should be significantly enhanced in order to ensure cost - effectiveness of the collective union effort and convergence of emissions per capita by 2030 . to that end , unused annual emission allocations from the period from 2013 to 2020 should be transferred to a dedicated reserve for each member state upon its request , to be utilised in the period from 2021 to 2030 , where a member state ' s emissions exceed its annual emission allocations for a given year .


### to the extent that a member state ' s emissions exceed its annual emission allocations for a given year , a quantity up to the sum of total net removals and total net emissions from the combined accounting categories of deforested land , afforested land , managed cropland and managed grassland referred to in article 2 of regulation [ ] [ lulucf ] may be taken into account for its compliance under article 9 of this regulation for that year , provided that : ### to the extent that a member state ' s emissions exceed its annual emission allocations for a given year , a quantity up to the sum of total net removals and total net emissions from the combined accounting categories of deforested land , afforested land , managed cropland , managed grassland , managed forest land and harvested wood products referred to in article 2 of regulation [ ] [ lulucf ] may be taken into account for its compliance under article 9 of this regulation for that year , provided that :


### subject to the flexibilities provided for in articles 5 , 6 and 7 , to the adjustment pursuant to article 10 and taking into account any deduction resulting from the application of article 7 of decision no 406 / 2009 / ec , each member state shall ensure that its greenhouse gas emissions in each year between 2021 and 2029 do not exceed the level defined by a linear trajectory , starting in 2020 on the average of its greenhouse gas emissions during 2016 , 2017 and 2018 determined pursuant to paragraph 3 and ending in 2030 on the limit set for that member state in annex i to this regulation . ### subject to the flexibilities provided for in articles 5 , 6 and 7 , to the adjustment pursuant to article 10 and taking into account any deduction resulting from the application of article 7 of decision no 406 / 2009 / ec , each member state shall ensure that its greenhouse gas emissions in each year between 2021 and 2029 do not exceed the level defined by a linear trajectory , starting in 2021 on the average of its greenhouse gas emissions during 2016 , 2017 and 2018 determined pursuant to paragraph 3 and ending in 2030 on the limit set for that member state in annex i to this regulation . each member state shall also ensure that its greenhouse gas emissions in each year between 2021 and 2029 do not exceed the limit set for each member state by 2020 in decision no 406 / 2009 / ec .


### member states shall be able to use credits from projects issued pursuant to article 24a of directive 2003 / 87 / ec for compliance under article 9 , without any quantitative limit and while avoiding double - counting . ### member states shall be able to use credits from projects issued pursuant to article 24a of directive 2003 / 87 / ec for compliance under article 9 , without any quantitative limit whatsoever and while avoiding double - counting . member states shall provide economic and fiscal incentives to private - private and public - private partnerships established for those projects as well as to households , decentralised public bodies , enterprises , estates and the private sector in general , in order to increase their participation .


### a member state may transfer up to 5% of its annual emission allocation for a given year to other member states . the receiving member state may use this quantity for compliance under article 9 for the given year or for subsequent years until 2030 . ### a member state may transfer up to 10% of its annual emission allocation for a given year to other member states . the receiving member state may use this quantity for compliance under article 9 for the given year or for subsequent years until 2030 .


### in respect of the years 2021 to 2029 , a member state may borrow a quantity of up to 5% from its annual emission allocation for the following year . ### in respect of the years 2021 to 2029 , a member state may borrow a quantity of up to 10% from its annual emission allocation for the following year .


### subject to the flexibilities provided for in articles 5 , 6 and 7 , to the adjustment pursuant to article 10 and taking into account any deduction resulting from the application of article 7 of decision no 406 / 2009 / ec , each member state shall ensure that its greenhouse gas emissions in each year between 2021 and 2029 do not exceed the level defined by a linear trajectory , starting in 2020 on the average of its greenhouse gas emissions during 2016 , 2017 and 2018 determined pursuant to paragraph 3 and ending in 2030 on the limit set for that member state in annex i to this regulation . ### subject to the flexibilities provided for in articles 5 , 6 and 7 , to the adjustment pursuant to article 10 and taking into account any deduction resulting from the application of article 7 of decision no 406 / 2009 / ec , each member state shall ensure that its greenhouse gas emissions in each year between 2021 and 2029 do not exceed the level defined by a linear trajectory , starting in 2021 on the value of 2020 annual emission allocation according to implementing decision 2013 / 634 / eu and ending in 2030 on the limit set for that member state in annex i to this regulation .


### where the delegated act to update the forest reference levels based on the national forestry accounting plans pursuant to article 8 of regulation [ lulucf ] is adopted , the commission shall be empowered to adopt a delegated act to modify paragraph 1 of this article in order to reflect a contribution of the accounting category managed forest land in accordance with article 12 of this regulation . ### where the delegated act to update the forest reference levels based on the national forestry accounting plans pursuant to article 8 of regulation [ lulucf ] is adopted , the commission shall be empowered to adopt a delegated act to modify paragraph 1 of this article and annex iii in order to reflect the update of national forest reference levels and a contribution of the accounting category managed forest land during the period starting in 2021 in accordance with article 12 of this regulation .


### this regulation lays down obligations on the minimum contributions of member states to meeting the greenhouse gas emission reduction commitment of the union for the period from 2021 to 2030 , rules on determining annual emission allocations and for the evaluation of member states ' progress towards meeting their minimum contributions . ### this regulation lays down obligations on the minimum contributions of member states to meeting the greenhouse gas emission reduction commitment of the union for the period from 2021 to 2030 in a cost - effective manner , rules on determining annual emission allocations and for the evaluation of member states ' progress towards meeting their minimum contributions .


### each member state shall , in 2030 , limit its greenhouse gas emissions at least by the percentage set for that member state in annex i to this regulation in relation to its emissions in 2005 determined pursuant to paragraph 3 . ### each member state shall , by 2030 , limit its greenhouse gas emissions at least by the percentage set for that member state in annex i to this regulation in relation to its emissions in 2005 determined pursuant to paragraph 3 .


### this regulation should be reviewed as of 2024 and every 5 years thereafter in order to assess its overall functioning . the review should take into account evolving national circumstances and be informed by the results of the global stocktake of the paris agreement . ### this regulation should be reviewed as of 2024 and every 5 years thereafter , which is both in accordance with the compliance cycle of the lulucf and the international cycle under the paris agreement , in order to assess its overall functioning . the review should take into account evolving national circumstances and be informed by the results of the global stocktake of the paris agreement . with that in mind , any such review should take into account the potential economic consequences that may arise in the event of a member state exiting the union under article 50 of the treaty on european union .


### to the extent that a member state ' s emissions exceed its annual emission allocations for a given year , a quantity up to the sum of total net removals and total net emissions from the combined accounting categories of deforested land , afforested land , managed cropland and managed grassland referred to in article 2 of regulation [ ] [ lulucf ] may be taken into account for its compliance under article 9 of this regulation for that year , provided that : ### to the extent that a member state ' s emissions exceed its annual emission allocations for a given year , a quantity up to the sum of total net removals and total net emissions from the combined accounting categories of deforested land , afforested land , managed cropland , managed grassland and managed forest land referred to in article 2 of regulation [ ] [ lulucf ] may be taken into account for its compliance under article 9 of this regulation for that year , provided that :


### to the extent that a member state ' s emissions exceed its annual emission allocations for a given year , a quantity up to the sum of total net removals and total net emissions from the combined accounting categories of deforested land , afforested land , managed cropland and managed grassland referred to in article 2 of regulation [ ] [ lulucf ] may be taken into account for its compliance under article 9 of this regulation for that year , provided that : ### to the extent that a member state ' s emissions exceed its annual emission allocations for a given year , a quantity up to the sum of total net removals and total net emissions from the combined accounting categories of deforested land , afforested land , managed forest land , managed cropland and managed grassland referred to in article 2 of regulation [ ] [ lulucf ] may be taken into account for its compliance under article 9 of this regulation for that year , provided that :


### each member state shall ensure adequate participation of social partners and civil society organisations in the delivery of employment , education and social inclusion policies supported by the esf + strand under shared management . ### each member state shall ensure the meaningful and inclusive adequate participation of local and regional authorities , social partners and civil society organisations in the management , programming , delivery monitoring and evaluation of activities and policies supported by the esf strand under shared management , including&#160 ; employment , education and social inclusion and anti - discrimination policies supported by the esf + strand under shared management in accordance with article 6of the [ cpr regulation ] and commission delegated regulation no 240 / 2014 .


### to ensure that the social dimension of europe as set out in the european pillar of social rights is duly put forward and that a minimum amount of resources is targeting those most in need member states should allocate at least 25% of their national esf + resources of the esf + strand under shared management to fostering social inclusion . ### to ensure that the social dimension of europe as set out in the european pillar of social rights is duly put forward and that a minimum amount of resources is targeting those most in need member states should allocate at least 30% of their national esf + resources of the esf + strand under shared management to fostering social inclusion .


### ' most deprived persons ' means natural persons , whether individuals , families , households or groups composed of such persons , whose need for assistance has been established according to the objective criteria set by the national competent authorities in consultation with relevant stakeholders , while avoiding conflicts of interest and which are approved by those national competent authorities and which may include elements that allow the targeting of the most deprived persons in certain geographical areas ; ### ' most deprived persons ' means natural persons , whether individuals , families , households or groups composed of such persons , including children whose need for assistance has been established according to their living situation , including homelessness , or the objective criteria set by the national competent authorities in consultation with relevant stakeholders , while avoiding conflicts of interest and which are approved by those national competent authorities and which may include elements that allow the targeting of the most deprived persons in certain geographical areas ;


### member states shall concentrate the esf + resources under shared management on interventions that address the challenges identified in their national reform programmes , in the european semester as well as in the relevant country - specific recommendations adopted in accordance with article 121 tfeu and article 148 tfeu , and take into account principles and rights set out in the european pillar of social rights . ### member states shall concentrate the esf + resources under shared management on interventions that address the challenges identified among others in their national reform programmes , in the european semester as well as in the relevant country reports and country - specific recommendations adopted in accordance with article 121 tfeu and article 148 tfeu , the social scoreboard , in full respect of the principles and rights set out in the european pillar of social rights .


### the implementation of infrastructure projects on the ten - t core network should be also supported by commission guidelines that bring more clarity as regards the implementation of certain types of projects while respecting the union acquis . for example the action plan for nature , people and the economy23foresees such guidance to bring more clarity in view of respecting the birds and habitats directives . direct support related to public procurement should be made available for projects of common interests to ensure the best value for public money24 . additionally , appropriate technical assistance should be made available under the mechanisms developed for the multi - annual financial framework 2021 - 2027 , with the aim of providing financial support for ten - t projects of common interest . _________________ 23 com 198 final . 24 com 573 final ### the implementation of infrastructure projects on the ten - t core network should be also supported by commission guidelines that bring more clarity as regards the implementation of certain types of projects while respecting the union acquis . direct support related to public procurement should be made available for projects of common interests to ensure the best value for public money24 . additionally , appropriate technical assistance should be made available under the mechanisms developed for the multi - annual financial framework 2021 - 2027 , with the aim of providing financial support for ten - t projects of common interest , contributing thus to the commission ' s multi - modal objectives . _________________ 24 com 573 final


### regulation no 1315 / 2013 of the european parliament and of the council22sets out a common framework for the creation of state - of - the - art , interoperable networks for the development of the internal market . the trans - european transport networks have a dual layer structure : the comprehensive network ensures connectivity of all regions of the union whereas the core network consists of those elements of the network which are of the highest strategic importance for the union . regulation no 1315 / 2013 defines binding completion targets for implementation , with the core network to be completed by 2030 and the comprehensive network by 2050 . _________________ 22 regulation no 1315 / 2013 of the european parliament and of the council of 11 december 2013 on union guidelines for the development of the trans - european transport network and repealing decision no 661 / 2010 / eu . ### regulation no 1315 / 2013 of the european parliament and of the council22 sets out a common framework for the creation of state - of - the - art , interoperable networks for the development of the internal market . the trans - european transport networks have a dual layer structure : the comprehensive network ensures connectivity of all regions of the union whereas the core network consists of those elements of the network which are of the highest strategic importance for the union . regulation no 1315 / 2013 defines binding completion targets for implementation , with the core network to be completed by 2030 and the comprehensive network by 2050 , with the aim of achieving smart , secure and sustainable mobility that will support development and connectivity between urban , peri - urban and rural areas , favouring economic development and cohesion . _________________ 22 regulation no 1315 / 2013 of the european parliament and of the council of 11 december 2013 on union guidelines for the development of the trans - european transport network and repealing decision no 661 / 2010 / eu .


### draft by the court of justice it is , moreover , clear from the review undertaken by the court of justice and the general court that many appeals are brought in cases which have already been considered twice , initially by an independent administrative authority , then by the general court , and that many of those appeals are dismissed by the court of justice because they are patently unfounded , or on the ground that they are manifestly inadmissible . in order to enable the court of justice to concentrate on the cases that require its full attention , it is necessary , in the interests of the proper administration of justice , to introduce , for appeals relating to such cases , a mechanism whereby the court determines whether an appeal should be allowed to proceed . it would accordingly fall to the party challenging a decision of the general court in those cases first to convince the court of justice of the significance of the questions raised by its appeal with respect to the unity , consistency or development of union law . ### it is , moreover , clear from the review undertaken by the court of justice and the general court that many appeals are brought in cases which have already been considered twice , initially by an independent administrative authority , such as the european union intellectual property office , the community plant variety office , the european chemicals agency , the european aviation safety agency , then by the general court . many of those appeals relating to cases in which an independent administrative authority has already been seized prior to the action before the general court are dismissed by the court of justice because they are patently unfounded , or on the ground that they are manifestly inadmissible . in order to enable the court of justice to concentrate on the cases that require its full attention , it is necessary , in the interests of the proper administration of justice , to introduce , for appeals relating to such cases , a mechanism whereby the court determines whether an appeal should be allowed to proceed . it would accordingly fall to the party challenging a decision of the general court in those cases first to convince the court of justice of the significance of the questions raised by its appeal with respect to the unity , consistency or development of union law .


### the fishing vessel is registered as active and has carried out fishing activities at sea for at least 120 days in each of the last three calendar years preceding the year of submission of the application for support ; ### the fishing vessel is registered as active and has carried out fishing activities at sea for at least 90 days in each of the last two calendar years preceding the year of submission of the application for support ;


### productive aquaculture investments under this article may only be supported through the financial instruments provided for in article 52 of regulation no [ regulation laying down common provisions ] and through investeu , in accordance article 10 of that regulation . ### productive aquaculture investments under this article may be supported through grants and through the financial instruments provided for in article 52 of regulation no [ regulation laying down common provisions ] and through investeu , in accordance article 10 of that regulation .