### proposal for a regulation of the european parliament and of the council on addressing geo - blocking and other forms of discrimination based on customers ' nationality , place of residence or place of establishment within the internal market and amending regulation no 2006 / 2004 and directive 2009 / 22 / ec ### proposal for a regulation of the european parliament and of the council on addressing unjustified geo - blocking and other forms of discrimination based on consumers ' nationality , place of residence or temporary location within the internal market and amending regulation no 2006 / 2004 and directive 2009 / 22 / ec


### traders shall not , for reasons related to the nationality , place of residence or place of establishment of the customer , redirect customers to a version of their online interface that is different from the online interface which the customer originally sought to access , by virtue of its layout , use of language or other characteristics that make it specific to customers with a particular nationality , place of residence or place establishment , unless the customer gives his or her explicit consent prior to such redirection . ### a trader shall not , for reasons related to the nationality , place of residence or temporary location of a consumer , redirect a consumer to a version of his or her online interface that is different from the online interface which the consumer initially sought to access , by virtue of its layout , use of language or other characteristics that make it specific to a consumer with a particular nationality , place of residence or temporary location , unless the trader has provided the consumer with clear and comprehensive information concerning such redirection .


### under union law , traders are in principle free to decide which means of payment they wish to accept , including payment brands . however , once this choice has been made , in view of the existing legal framework for payment services , there are no reasons for traders to discriminate customers within the union by refusing certain commercial transactions , or by otherwise applying certain different conditions of payment in respect of those transactions , for reasons related to the nationality , place of residence or place of establishment of the customer . in this particular context , such unjustified unequal treatment for reasons related to the location of the payment account , the place of establishment of the payment service provider or the place of issue of the payment instrument within the union should be expressly prohibited as well . it should be further recalled that regulation no 260 / 2012 already prohibits all payees , including traders , from requiring bank accounts to be located in a certain member state for a payment in euro to be accepted . ### under union law , traders are in principle free to decide which means of payment they wish to accept . in accordance with the rules of regulation 2015 / 751 and directive 2015 / 2366 , retailers accepting a card - based payment instrument of a specific brand and category are not under an obligation to accept card - based payment instruments of the same category but of a different brand . likewise retailers accepting a debit card of a given brand are under no obligation to accept credit card of that brand , or when accepting consumer credit cards of a given brand also to accept commercial credit card of the same brand . equally , a trader accepting credit transfers or direct debits is under no obligation to accept the payment , if this requires entering into a new or modified contract with a payment service provider . however , once this choice has been made , there are no reasons for traders to discriminate consumers within the union by refusing certain commercial transactions , or by otherwise applying certain different conditions of payment in respect of those transactions , for reasons related to the nationality or place of residence of the customer . in this particular context , such unjustified unequal treatment for reasons related to the location of the payment account , the place of establishment of the payment service provider or the place of issue of the payment instrument within the union should be expressly prohibited as well . it should be further recalled that regulation no 260 / 2012 already prohibits all payees , including traders , from requiring bank accounts to be located in a certain member state for a payment in euro to be accepted . the trader should remain free to request charges for the use of a payment instrument . however , this right is subject to the restrictions introduced by article 62 of directive 2015 / 2366 .


### this regulation should not affect the application of the rules on competition , and in particular articles 101 and 102 tfeu . agreements imposing on traders obligations not to engage in passive sales within the meaning of commission regulation no 330 / 201029 to certain customers or to customers in certain territories are generally considered restrictive of competition and cannot normally be exempted from the prohibition laid down in article 101 tfeu . even when they are not caught by article 101 tfeu , in the context of the application of this regulation , they disrupt the proper functioning of the internal market and they may be used to circumvent the provisions of this regulation . the relevant provisions of such agreements and of other agreements in respect of passive sales requiring the trader to act in violation of this regulation should therefore be automatically void . however , this regulation , and in particular its provisions on access to goods or services , should not affect agreements restricting active sales within the meaning of regulation no 330 / 2010 . __________________ 29 commission regulation no 330 / 2010 of 20 april 2010 on the application of article 101 of the treaty on the functioning of the european union to categories of vertical agreements and concerted practices . ### this regulation should not affect the application of the rules on competition , and in particular articles 101 and 102 tfeu . agreements imposing on traders obligations not to engage in passive sales within the meaning of commission regulation no 330 / 201029 to certain consumers or to consumers in certain territories are generally considered restrictive of competition and cannot normally be exempted from the prohibition laid down in article 101 tfeu . the relevant provisions of such agreements in respect of passive sales requiring the trader to act in violation of this regulation should therefore be automatically null and void . however , this regulation , and in particular its provisions on access to goods or services , should not affect agreements restricting active sales within the meaning of regulation no 330 / 2010 . __________________ 29 commission regulation no 330 / 2010 of 20 april 2010 on the application of article 101 of the treaty on the functioning of the european union to categories of vertical agreements and concerted practices .


### member states shall lay down the rules on the penalties applicable for infringements of the provisions of this regulation and shall take all measures necessary to ensure that they are implemented . the penalties provided for shall be effective , proportionate and dissuasive . ### member states shall lay down the rules on the measures applicable for infringements of the provisions of this regulation and shall ensure that they are implemented . the measures provided for shall be effective , proportionate and dissuasive .


### in certain cases , blocking , limiting of access or redirection without the customer ' s consent to an alternative version of an online interface for reasons related to the customer ' s nationality , place or residence or place of establishment might be necessary in order to ensure compliance with a legal requirement in union law or in the laws of member states in accordance with union law . such laws can limit customers ' access to certain goods or services , for instance by prohibiting the display of specific content in certain member states . traders should not be prevented from complying with such requirements and thus be able to block , limit the access or redirect certain customers or customers in certain territories to an online interface , insofar as that is necessary for that reason . ### in certain cases , blocking , limiting of access or redirection without the consumer ' s consent to an alternative version of an online interface for reasons related to the consumer ' s country of origin or place or residence could be justified only if it is necessary to ensure compliance with a legal requirement in union law or in the laws of a member state in accordance with union law with which the trader must comply when carrying on commercial activities in the member state concerned . such laws might limit consumers ' access to certain goods or services , for instance by prohibiting the display of specific content in a certain member state . traders should not be prevented from complying with such requirements and thus should be able to block or limit the access or redirect certain consumers or consumers in certain territories to an online interface , insofar as that may be necessary for that reason . in this regard , a consumer should be notified on an online interface about the purpose of blocking , limiting or redirection to an alternative version of an online interface .


### in the event of such redirection with the customer ' s explicit consent , the original version of the online interface shall remain easily accessible for that customer . ### in the event of such redirection with the consumer ' s explicit consent , the version of the online interface which the consumer initially sought to access , shall remain easily accessible for that consumer .


### the discriminatory practices that this regulation seeks to address typically take place through general terms , conditions and other information set and applied by or on behalf of the trader concerned , as a precondition for obtaining access to the goods or services in question , and that are made available to the public at large . such general conditions of access include inter alia prices , payment conditions and delivery conditions . they can be made available to the public at large by or on behalf of the trader through various means , such as information published in advertisements , on websites or pre - contractual or contractual documentation . such conditions apply in the absence of an individually negotiated agreement to the contrary entered into directly between the trader and the customer . terms and conditions that are individually negotiated between the trader and the customers should not be considered general conditions of access for the purposes of this regulation . ### the discriminatory practices that this regulation seeks to address typically take place through general terms , conditions and other information set and applied by or on behalf of the trader concerned , as a precondition for obtaining access to the goods or services in question , and that are made available to the public at large . such general conditions of access include inter alia prices , payment conditions and delivery conditions . they can be made available to the public at large by or on behalf of the trader through various means , such as information published in advertisements or on websites , or may form part of pre - contractual or contractual information . such conditions apply in the absence of individually negotiated terms and conditions between the trader and the consumers . terms and conditions that are individually negotiated between the trader and the consumers should not be considered general conditions of access for the purposes of this regulation . however , the possibility of individually negotiating terms and conditions or agreeing individually upon additional rights or obligations should not result in geo - blocking or other unjustified forms of discrimination addressed by this regulation .


### the prohibition set out in paragraph 1 shall not preclude traders ' possibility to request charges for the use of a card - based payment instrument for which interchanges fees are not regulated under chapter ii of regulation 2015 / 751 and for those payment services to which regulation no 260 / 2012 does not apply . those charges shall not exceed the costs borne by the trader for the use of the payment instrument . ### the prohibition set out in paragraph 1 shall not preclude a trader from charging for the use of a card - based payment instrument for which interchange fees are not regulated under chapter ii of regulation 2015 / 751 or for payment services to which regulation no 260 / 2012 does not apply , unless the member state in which the trader is established has prohibited or limited such charges pursuant to article 62 of directive 2015 / 2366 . those charges shall not exceed the direct costs borne by the trader for the use of the payment instrument .


### in order to realise the objective of ensuring good functioning of the internal market , as an area without internal frontiers in which the free movement of inter alia goods and services is ensured , it is not sufficient to abolish , as between member states , only state barriers . such abolition can be undermined by private parties putting in place obstacles inconsistent with internal market freedoms . that occurs where traders operating in one member state block or limit the access to their online interfaces , such as websites and apps , of customers from other member states wishing to engage in cross - border commercial transactions . it also occurs through other actions by certain traders involving the application of different general conditions of access to their goods and services with respect to such customers from other member states , both online and offline . whereas there may sometimes be objective justifications for such differential treatment , in other cases traders deny consumers wishing to engage in cross - border commercial transactions access to goods or services , or apply different conditions in this regard , for purely commercial reasons . ### in order to realise the objective of ensuring good functioning of the internal market , as an area where most barriers to trade have been removed and in which the free movement of , inter alia , people , goods and services is ensured , and in order to achieve the objectives set out in the digital market strategy , it is not sufficient to abolish , as between member states , only administrative red - tape . such abolition can be undermined by certain private parties putting in place obstacles that are inconsistent with the principles and freedoms of the internal market . that occurs where traders operating in one member state , in exceptional situations , unjustly block or limit the access to their online interfaces , such as websites and apps , of consumers from other member states wishing to engage in cross - border commercial transactions . it also occurs through other actions by certain traders involving the application of different restrictive general conditions of access to their goods and services with respect to such consumers from other member states , both online and offline . this practice undermines the core purpose of the internal market , lowers consumers ' options and the level of competition .


### pursuant to article 20 of directive 2006 / 123 / ec of the european parliament and of the council17 , member states are to ensure that service providers established in the union do not treat recipients of services differently on the basis of their nationality or place of residence . however , that provision has not been fully effective in combatting discrimination and it has not sufficiently reduced legal uncertainty , particularly because of the possibility to justify the differences in treatment for which it allows and the corresponding difficulties in enforcing it in practice . moreover , geo - blocking and other forms of discrimination based on nationality , place of residence or place of establishment can also arise as a consequence of actions by traders established in third countries , which fall outside the scope of that directive . __________________ 17 directive 2006 / 123 / ec of the european parliament and of the council of 12 december 2006 on services in the internal market . ### pursuant to article 20 of directive 2006 / 123 / ec of the european parliament and of the council17 , member states are to ensure that service providers established in the union do not treat recipients of services differently on the basis of their nationality or place of residence . however , that provision has not been fully effective in combatting discrimination and it has not sufficiently reduced legal uncertainty , particularly because of the possibility to justify the differences in treatment for which it allows and the corresponding difficulties in enforcing it in practice . moreover , geo - blocking and other forms of discrimination based on nationality or place of residence can also arise as a consequence of actions by traders established in third countries , which fall outside the scope of that directive that are necessary to tackle . __________________ 17 directive 2006 / 123 / ec of the european parliament and of the council of 12 december 2006 on services in the internal market .


### member states should designate one or more bodies responsible for taking effective action to monitor and to secure compliance with the provision of this regulation . member states should also ensure that effective , proportionate and dissuasive penalties can be imposed on traders in the event of any breach of this regulation . ### member states should designate one or more responsible bodies with necessary powers to take effective action to monitor and to ensure compliance with the provision of this regulation . member states should also ensure that effective , proportionate and dissuasive penalties can be imposed on traders in the event of any breach of this regulation .


### the payments are in a currency that the payee accepts . ### the payment transaction is in a currency that the trader accepts .


### the first of those situations is where the trader sells goods and there is no cross - border delivery of those goods by or on behalf of the trader to the member state where the customer resides . in that situation the customer should be able to purchase goods , under exactly the same conditions , including price and conditions relating to the delivery of the goods , as similar customers who are residents of the member state of the trader . that may mean that a foreign customer will have to pick up the good in that member state , or in a different member state to which the trader delivers . in this situation , there is no need to register for value added tax in the member state of the customer , nor arrange for the cross - border delivery of goods . ### the first of those situations is where the trader sells goods and there is no cross - border delivery of those goods by or on behalf of the trader to the member state where the consumer resides . in that situation the consumer should be able to purchase goods under exactly the same conditions , including as to price and conditions relating to the delivery of the goods , as similar consumers who are residents of the member state of the trader . the trader may offer delivery in his or her general terms and conditions or may offer therein the possibility to collect the goods at a location to be agreed upon in a member state other than the member state where the consumer has his or her place of residence . that may mean that a foreign consumer will have to pick up the good in that member state , or in a member state different from that to which the trader delivers . in this situation , there is no need to register for value added tax in the member state of the consumer .


### in this manner certain traders artificially segment the internal market along internal frontiers and hamper the free movement of goods and services , thus restricting the rights of customers and preventing them from benefitting from a wider choice and optimal conditions . such discriminatory practices are an important factor contributing to the relatively low level of cross - border commercial transactions within the union , including in the sector of electronic commerce , which prevents the full growth potential of the internal market from being realised . clarifying in which situations there can be no justification for differential treatment of this kind should bring clarity and legal certainty for all participants in cross - border transactions and should ensure that rules on non - discrimination can be effectively applied and enforced across the internal market . ### in this manner certain traders artificially segment the internal market along internal frontiers and hamper the free movement of goods and services , thus restricting the rights of consumers and preventing them from benefitting from a wider choice and optimal conditions . such discriminatory practices are an important factor contributing to the relatively low level of cross - border commercial transactions within the union , including in the sector of electronic commerce , which prevents the full growth potential of a truly integrated internal market and its fostering . clarifying in which situations there can be no justification for differential treatment of this kind should bring clarity and legal certainty for all participants in cross - border transactions and should ensure that rules on non - discrimination can be effectively applied and enforced across the internal market .


### in order to realise the objective of ensuring good functioning of the internal market , as an area without internal frontiers in which the free movement of inter alia goods and services is ensured , it is not sufficient to abolish , as between member states , only state barriers . such abolition can be undermined by private parties putting in place obstacles inconsistent with internal market freedoms . that occurs where traders operating in one member state block or limit the access to their online interfaces , such as websites and apps , of customers from other member states wishing to engage in cross - border commercial transactions . it also occurs through other actions by certain traders involving the application of different general conditions of access to their goods and services with respect to such customers from other member states , both online and offline . whereas there may sometimes be objective justifications for such differential treatment , in other cases traders deny consumers wishing to engage in cross - border commercial transactions access to goods or services , or apply different conditions in this regard , for purely commercial reasons . ### it is imperative to establish an area without internal frontiers in which the free movement of inter alia goods and services is ensured , as well as&#160 ; to achieve the objectives set in the new digital market strategy . remaining unjustified barriers should be removed in order to ensure a fully functioning single market for goods and services , notably in the cultural sector , which is of crucial importance in order to promote cultural diversity , disseminate culture and engender a common cultural heritage across the union . it is not sufficient to abolish only state barriers since this can be undermined by private parties putting in place obstacles inconsistent with internal market freedoms . such barriers occur where traders operating in one member state block or limit the access to their online interfaces , such as websites and applications , of customers from other member states wishing to engage in cross - border commercial transactions . they also occur through other actions by certain traders involving the application of different general conditions of access to their goods and services with respect to such customers from other member states , both online and offline . whereas there may sometimes be objective justifications for such differential treatment as provided for in directive 2006 / 123 / ec , in other cases traders deny consumers wishing to engage in cross - border commercial transactions access to goods or services , or apply different conditions in this regard , for purely commercial reasons .


### finally , in the situation where the trader provides services and those services are received by the customer in the premises of or at a location chosen by the trader and different from the member state of which the customer is a national or in which the customer has his or her place of residence or place of establishment , the application of different general conditions of access for reasons related to such criteria should not be justified either . those situations concern , as the case may be , the provision of services such as hotel accommodation , sport events , car rental , and entry tickets to music festivals or leisure parks . in those situations , the trader does not have to register for vat in another member state nor arrange for cross - border delivery of goods . ### finally , in the situation where the trader provides services and those services are received by the consumer in premises or at a location not situated in the member state in which the consumer has his or her place of residence , the application of different general conditions of access for reasons related to such criteria should not be justified either . those situations concern , as the case may be , the provision of services such as hotel accommodation , sports events , car rental , and entry tickets to music festivals or leisure parks . in those situations , the trader does not have to register for vat in another member state or arrange for cross - border delivery of goods .


### proposal for a regulation of the european parliament and of the council establishing the asylum and migration fund ### proposal for a regulation of the european parliament and of the council establishing the asylum , migration and integration fund


### facilities and services in third countries ensuring appropriate temporary accommodation and reception upon arrival , including for unaccompanied minors and other vulnerable groups in line with international standards ; ### facilities and services in third countries ensuring appropriate temporary accommodation and reception upon arrival ; alternative forms of care should be provided for unaccompanied children and other vulnerable groups in line with international standards , as well as integrated into existing national child protection systems ;


### readmission agreements and other arrangements are an integral component of the union return policy and a central tool for the efficient management of migration flows , as they facilitate the swift return of irregular migrants . those agreements and arrangements are an important element in the framework of the dialogue and cooperation with third countries of origin and transit of irregular migrants and their implementation in third countries should be supported in the interests of effective return policies at national and union level . ### readmission agreements and other arrangements are an integral component of the union return policy and a central tool for the efficient management of migration flows , as they facilitate the swift return of irregular migrants . those agreements and arrangements are an important element in the framework of the dialogue and cooperation with third countries of origin and transit of irregular migrants and the fund should support their implementation in third countries in the interests of effective return policies within defined limits and subject to the appropriate safeguards .


### enhancing capacities of third countries to improve the protection of persons in need of protection ; ### enhancing capacities of third countries to improve the protection of persons in need of protection , including through supporting the development of child protection mechanisms in third countries , by promoting new initiatives to build stronger child protection systems , ensuring that children are protected in all areas from violence , abuses and neglect ;


### having regard to the treaty on the functioning of the european union , and in particular article 78 and article 79 and thereof , ### having regard to the treaty on the functioning of the european union , and in particular article 78 , article 79 and , and article 80 thereof ,


### the commission shall establish the overall amount made available for the thematic facility under the annual appropriations of the union budget . the commission shall adopt financing decisions as referred to in article [ 110 ] of the financial regulation for the thematic facility identifying objectives and actions to be supported and specifying the amounts for each of its components as referred to in paragraph 1 . financing decisions shall set out , where applicable , the overall amount reserved for blending operations . ### the commission shall establish the overall amount made available for the thematic facility under the annual appropriations of the union budget . the commission shall adopt financing decisions as referred to in article [ 110 ] of the financial regulation for the thematic facility identifying objectives and actions to be supported and specifying the amounts for each of its components as referred to in paragraph 1 . financing decisions shall set out , where applicable , the overall amount reserved for blending operations . to ensure a timely availability of resources , the commission may separately adopt a work programme for emergency assistance .


### if at least 10 % of the initial allocation of a programme referred to in article 11 has not been covered by payment applications submitted in accordance with article [ 85 ] of regulation … / 2021 [ common provisions regulation ] , the member state concerned shall not be eligible to receive the additional allocation for the programme referred to in paragraph 1 . ### if at least 30 % of the initial allocation of a programme referred to in article 11 has not been covered by payment applications submitted in accordance with article [ 85 ] of regulation … / 2021 [ common provisions regulation ] , the member state concerned shall not be eligible to receive the additional allocation for the programme referred to in paragraph 1 .


### voluntary and enforced returns are nevertheless interlinked , with mutually reinforcing effect , and member states should therefore be encouraged to reinforce the complementarities between these two forms of return . the possibility of removals is an important element contributing to the integrity of the asylum and legal migration systems . the fund should therefore support actions of member states to facilitate and carry out removals in accordance with the standards laid down in union law , where applicable , and with full respect for the fundamental rights and dignity of returnees . ### voluntary and enforced returns are nevertheless interlinked , with mutually reinforcing effect , and member states should therefore be encouraged to reinforce the complementarities between these two forms of return . the possibility of removals is an important element contributing to the integrity of the asylum and legal migration systems . the fund should therefore support actions of member states to facilitate and carry out removals and enforced returns in accordance with the standards laid down in union law , where applicable , and with full respect for the fundamental rights and dignity of returnees .


### where necessary , the programme in question shall be amended to take into account the recommendations referred to in paragraph 4 . depending on the impact of the adjustment , the revised programme may be approved by the commission . ### where necessary , the programme in question shall be amended to take into account the recommendations referred to in paragraph 4 and the progress in achieving the milestones and targets as assessed in the annual performance reports as referred to in article 30 . depending on the impact of the adjustment , the revised programme shall be approved by the commission in line with the procedure set out in article 19 of regulation no x [ cpr ] .


### actions aimed at enhancing awareness of asylum , integration , legal migration and return policies among stakeholders and the general public ; ### actions aimed at enhancing awareness of asylum , integration , legal migration and return policies with specific attention to vulnerable groups , including children , among stakeholders and the general public ;


### to contribute to countering irregular migration and ensuring effectiveness of return and readmission in third countries . ### to contribute to countering irregular migration and ensuring effectiveness of return and readmission in third countries , both in voluntary and enforced cases .


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


### support provided under this regulation shall complement national , regional and local intervention , and shall focus on adding value to the objectives of this regulation . ### support provided under this regulation shall complement national , regional and local intervention , and shall focus on&#160 ; bringing union added&#160 ; value to the objectives of this regulation .


### the development , monitoring and evaluation of policies and procedures including on collection and exchange of information and data , development and application of common statistical tools , methods and indicators for measuring progress and assessing policy developments ; ### the development , monitoring and evaluation of policies and procedures including the development , collection , analysis , dissemination of qualitative and quantitative data and statistics on migration and international protection and the development and application of common statistical tools , methods and indicators for measuring progress and assessing policy developments ;


### regulation … / 2021 [ common provisions regulation ] establishes the framework for action for erdf , esf + , the cohesion fund , the european maritime and fisheries fund , the asylum and migration fund , the internal security fund and the border management and visa instrument as a part of the integrated border management fund , and lays down , in particular , the rules concerning programming , monitoring and evaluation , management and control for union funds implemented under shared management . it is therefore necessary to specify the objectives of amf , and to lay down specific provisions concerning the type of activities that may be financed by amf . ### regulation … / 2021 [ common provisions regulation ] establishes the framework for action for erdf , esf + , the cohesion fund , the european maritime and fisheries fund , the fund for asylum , migration and return , the internal security fund and the border management and visa instrument as a part of the integrated border management fund , and lays down , in particular , the rules concerning programming , monitoring and evaluation , management and control for union funds implemented under shared management . it is therefore necessary to specify the objectives of famr , and to lay down specific provisions concerning the type of activities that may be financed by famr .


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


### the fund should support the efforts by the union and the member states relating to the enhancement of the member states’ capacity to develop , monitor and evaluate their asylum policies in the light of their obligations under existing union law . ### the fund should support the union and the member states in the implementation of the existing union law in particular directives 2013 / 33 / eu1a , 2013 / 32 / eu1b and 2011 / 95 / eu1c of the european parliament and of the council and regulation 604 / 2013 / eu of the european parliament and of the council1e . __________________ 1a directive 2013 / 33 / eu of the european parliament and of the council of 26 june 2013 laying down standards for the reception of applicants for international protection . 1b directive 2013 / 32 / eu of the european parliament and of the council of 26 june 2013 on common procedures for granting and withdrawing international protection . 1c directive 2011 / 95 / eu of the european parliament and of the council of 13 december 2011 on standards for the qualification of third - country nationals or stateless persons as beneficiaries of international protection , for a uniform status for refugees or for persons eligible for subsidiary protection , and for the content of the protection granted . 1d regulation no 604 / 2013 of the european parliament and of the council of 26 june 2013 establishing the criteria and mechanisms for determining the member state responsible for examining an application for international protection lodged in one of the member states by a third - country national or a stateless person .


### as challenges in the area of migration are constantly evolving , there is a need to adapt the allocation of funding to the changes in migration flows . to respond to pressing needs and changes in policy and union priorities , and to steer funding towards actions with a high level of union added value , part of the funding will be periodically allocated to specific actions , union actions , emergency assistance , resettlement and to provide additional support for member states contributing to solidarity and responsibility efforts via a thematic facility . ### as challenges in the area of migration are constantly evolving , there is a need to adapt the allocation of funding to the changes in migration flows . to respond to pressing needs and changes in policy and union priorities , and to steer funding towards actions with a high level of union added value , part of the funding will be periodically allocated to specific actions , union actions , emergency assistance , resettlement , the support of vulnerable groups including children and to provide additional support for member states contributing to solidarity and responsibility efforts via a thematic facility .


### member states should give preference to voluntary return . in order to promote voluntary return , member states should envisage incentives such as preferential treatment in the form of enhanced return assistance should be envisaged for the voluntary return of persons . this kind of voluntary return is in the interests of both returnees and the authorities in terms of its cost - effectiveness . ### member states should give preference to voluntary return . in order to promote voluntary return , member states should envisage incentives such as preferential treatment in the form of enhanced return assistance should be envisaged for the voluntary return of persons . this kind of voluntary return is in the interests of both returnees and the authorities in terms of its cost - effectiveness . the principle of best interests of the child must bethe primary consideration in all actions or decisions concerning children in migration , including returns . these efforts should also take full account of the right of the child to express his or her views .


### establishing , developing and improving effective alternatives to detention , in particular in relation to unaccompanied minors and families . ### establishing , developing and improving effective alternatives to detention , in particular in relation to unaccompanied children and children with families in compliance with the united nations convention on the rights of the child .


### facilities and services in third countries ensuring appropriate temporary accommodation and reception upon arrival , including for unaccompanied minors and other vulnerable groups in line with international standards ; ### support to third countries in ensuring appropriate temporary accommodation and reception upon arrival in line with international standards ;


### the fund should support member states , either directly or indirectly , in their implementation of directive 2011 / 36 / eu of the european parliament and of the council17 which sets forth provisions on assistance , support and protection of victims of trafficking in human beings . _________________ 17 directive 2011 / 36 / eu of the european parliament and of the council of 5 april 2011 on preventing and combating trafficking in human beings and protecting its victims , and replacing council framework decision 2002 / 629 / jha . ### the fund should support member states , either directly or indirectly , in their implementation of directive 2011 / 36 / eu of the european parliament and of the council17 , which sets forth provisions on assistance , support and protection of victims of trafficking in human beings , while fully respecting the scope of that directive . _________________ 17 directive 2011 / 36 / eu of the european parliament and of the council of 5 april 2011 on preventing and combating trafficking in human beings and protecting its victims , and replacing council framework decision 2002 / 629 / jha .


### readmission agreements and other arrangements are an integral component of the union return policy and a central tool for the efficient management of migration flows , as they facilitate the swift return of irregular migrants . those agreements and arrangements are an important element in the framework of the dialogue and cooperation with third countries of origin and transit of irregular migrants and their implementation in third countries should be supported in the interests of effective return policies at national and union level . ### readmission agreements and other arrangements are an integral and crucial component of the union return policy and a central tool for the efficient management of migration flows , as they facilitate the swift return of irregular migrants . those agreements and arrangements are an important element in the framework of the dialogue and cooperation with third countries of origin and transit of irregular migrants and the fund should support their implementation in third countries in the interests of effective return policies at national and union level .


### to contribute to countering irregular migration and ensuring effectiveness of return and readmission in third countries . ### to contribute to countering irregular migration and ensuring the effective return and readmission of irregular migrants in third countries .


### partnerships and cooperation with third countries are an essential component of union asylum policy to ensure the adequate management of flows of persons applying for asylum or other forms of international protection . with the aim of replacing the unsafe and irregular arrivals with legal and safe arrival to the territory of the member states of third - country nationals or stateless persons in need of international protection , expressing solidarity with countries in regions to which or within which a large number of persons in need of international protection have been displaced by helping to alleviate the pressure on those countries , helping achieve the union’s migration policy objectives by increasing the union’s leverage vis - à - vis third countries , and of effectively contributing to global resettlement initiatives by speaking with one voice in international fora and with third countries , the fund should provide financial incentives to the implementation of the union resettlement [ and humanitarian admission ] framework . ### partnerships and cooperation with third countries are an essential component of union migration and asylum policies to ensure that people are not forced to leave their home countries , the adequate management of migratory flows of persons , including those applying for asylum or other forms of international protection . with the aim of replacing the unsafe and irregular arrivals with legal and safe arrival to the territory of the member states of third - country nationals or stateless persons , including those in need of international protection , expressing solidarity with countries in regions to which or within which a large number of persons in need of international protection have been displaced by helping to alleviate the pressure on those countries , and of effectively contributing to global resettlement initiatives by speaking with one voice in international fora and with third countries , the fund should provide financial incentives to the implementation of the union resettlement [ and humanitarian admission ] framework and to other analogous humanitarian initiatives adopted by member states , individually or jointly .


### having regard to the treaty on the functioning of the european union , and in particular article 78 and article 79 and thereof , ### having regard to the treaty on the functioning of the european union , and in particular article 78 , article 79 and and article 80 thereof ,


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


### eur 3 207 000 000 shall be allocated to the thematic facility . ### eur 2 834 927 000 in 2018 prices shall be allocated to the thematic facility .


### eur 4 811 000 000 shall be allocated to the programmes implemented under shared management , of which eur 157 200 000 for the special transit scheme referred to in article 16 , implemented under shared management ; ### eur 4 252 833 000 in 2018 prices shall be allocated to the programmes implemented under shared management , of which eur 138 962 000 in 2018 prices for the special transit scheme referred to in article 16 , implemented under shared management ;


### the instrument should reflect the need for increased flexibility and simplification while respecting requirements in terms of predictability , and ensuring a fair and transparent distribution of resources to meet the objectives laid down in this regulation . ### the instrument should reflect the need for increased flexibility and simplification while respecting requirements in terms of predictability , and ensuring a fair and transparent distribution of resources to meet the objectives laid down in this regulation . the implementation of the instrument should be guided by the principles of efficiency , effectiveness and quality of spending . furthermore , the implementation of the instrument should be as user - friendly as possible .


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


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


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


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


### eur 802 000 000 to the member states for the adjustment of the allocations for the programmes as referred to in in article 13 . ### eur 708 953 000 in 2018 prices to the member states for the adjustment of the allocations for the programmes as referred to in in article 13 .


### member states using operating support shall comply with the union acquis on borders and visas . ### member states using operating support shall comply with the union acquis .


### eur 4 009 000 000 to the member states in accordance with the criteria in annex i ; ### eur 3 543 880 000 in 2018 prices to the member states in accordance with the criteria in annex i ;


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


### since the objectives of this regulation , which are to optimise utilisation of immigration liaison officers deployed by member states , commission and eu agencies to third countries in order to more effectively implement union priorities regarding preventing and combatting illegal immigration , facilitating return , readmission and reintegration , contributing to integrated management of union’s external borders , as well as supporting management of legal immigration or international protection schemes , cannot be sufficiently achieved by the member states alone but are better achieved through coordination at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve those objectives . ### since the objectives of this regulation , which are to optimise utilisation of immigration liaison officers deployed by member states , commission and union agencies to third countries in order to more effectively implement union priorities regarding preventing and combatting illegal immigration , facilitating return , readmission and reintegration , contributing to integrated management of union’s external borders , as well as supporting management of legal immigration or international protection schemes , cannot be sufficiently achieved by the member states alone but are better achieved through coordination at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve those objectives .


### respecting human rights standards remains a fundamental principle of the union in addressing the migration crisis . the union is committed to protect the human rights and fundamental freedoms of all migrants , regardless of their migratory status , in full compliance with international law . ### respecting human rights standards is a fundamental principle of the union in addressing the migration crisis . the union is committed to protecting the human rights and fundamental freedoms of all migrants , regardless of their migratory status and without discrimination concerning their origin , nationality , or actual or presumed religion , in full compliance with international law .


### member states shall provide the commission with the necessary information for the preparation of the report on the application of the regulation . ### member states and union agencies shall provide the commission with the necessary information for the preparation of the report on the application of the regulation .


### the sharp increase of mixed migratory flows in 2015 and 2016 has put under pressure migration , asylum and border management systems and called for a coordinated and effective european response . ### the sharp increase of mixed migratory flows in 2015 and 2016 has put under pressure migration , asylum and border management systems , revealing the impossibility for single member states , especially those located at the union ' s external borders , to manage the crisis , and called therefore for a coordinated and effective european response .


### immigration liaison officer ' means : ### immigration liaison officer ' means a liaison officer designated , and deployed abroad , by the competent authorities of one of the member states , or the commission or a union agency , as provided for in the relevant legal act of the union applicable to the agency in question , in order to establish and maintain contacts with the authorities of a third country with a view to contributing to the prevention and combating of illegal immigration , the return of illegally staying third - country nationals and the management of legal immigration .


### immigration liaison officers shall carry out their tasks within the framework of their responsibilities and in compliance with the provisions , including those on the protection of personal data , laid down in union and national laws and in any agreements or arrangements concluded with third countries or international organisations . ### immigration liaison officers shall carry out their tasks within the framework of their responsibilities determined by the deploying authorities and in compliance with the provisions , including those on the protection of personal data , laid down in union and national laws and in any agreements or arrangements concluded with third countries or international organisations .


### social partners may consider that in specific sectors or situations different provisions are more appropriate , for the pursuit of the purpose of this directive , than the minimum standards set in chapter three of this directive . member states should therefore be able to allow social partners to conclude collective agreements modifying the provisions contained in that chapter , as long as the overall level of protection of workers is not lowered . ### social partners may consider that in specific sectors or situations different provisions can be adapted , completed or improved if they are more appropriate , for the pursuit of the purpose of this directive , in accordance with chapter three of this directive . member states should therefore encourage the social partners to conclude collective agreements applying the provisions of that chapter , provided that the overall level of protection of workers continues to be respected and that the minimum requirements laid down in this directive are met .


### workers posted or sent abroad should receive additional information specific to their situation . for successive work assignments in several member states or third countries , such as in international road transport , that information may be grouped for several assignments before the first departure and subsequently modified in case of change . where they qualify as posted workers under directive 96 / 71 / ec of the european parliament and of the council , 38 they should also be notified of the single national website developed by the host member state where they will find the relevant information on the working conditions applying to their situation . unless member states provide otherwise , these obligations apply if the duration of the work period abroad is more than four consecutive weeks . __________________ 38 directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services . ### workers posted or sent abroad should receive additional information specific to their situation . for successive work assignments in several member states or third countries that information may be grouped for several assignments before the first departure and subsequently modified in case of change . where they qualify as posted workers under directive 96 / 71 / ec of the european parliament and of the council38 or other sector specific regulations they should also be notified of the single national website developed by the host member state where they will find the relevant information on the working conditions applying to their situation . unless the law of the member state governing the employment relationship provides otherwise , these obligations apply if the duration of the work period abroad is more than four consecutive weeks . __________________ 38 directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services .


### unless member states provide otherwise , paragraphs 1 and 2 shall not apply if the duration of each work period outside the member state in which the worker habitually works is four consecutive weeks or less . ### unless the law of member states which governs the employment contract provide otherwise , paragraphs 1 and 2 shall not apply if the duration of each work period outside the member state in which the worker habitually works is four consecutive weeks or less .


### employers may however lay down conditions of incompatibility where such restrictions are justified by legitimate reasons such as the protection of business secrets or the avoidance of conflicts of interests . ### employers may however lay down conditions of incompatibility where such restrictions are justified by legitimate reasons such as the protection of business secrets , the avoidance of conflicts of interests or health and safety in the workplace .


### the commission has undertaken a two - phase consultation with the social partners on the improvement of the scope and effectiveness of directive 91 / 533 / eec and the broadening of its objectives in order to insert new rights for workers , in accordance with article 154 of the treaty . this did not result in any agreement among social partners to enter into negotiations on those matters . however , as confirmed by the outcome of the open public consultations carried out to seek the views of various stakeholders and citizens , it is important to take action at the union level in this area by modernising and adapting the current legal framework . ### the commission has undertaken a two - phase consultation with the social partners on the improvement of the scope and effectiveness of directive 91 / 533 / eec and the broadening of its objectives in order to establish new rights for workers , in accordance with article 154 of the treaty on the functioning of the european union . this did not result in any agreement among social partners to enter into negotiations on those matters . however , on the basis of the outcome of the open public consultations carried out to seek the views of various stakeholders and citizens , it is essential to take action at union level in this area by adapting the current legal framework to new developments .


### in view of the increasing number of workers excluded from the scope of directive 91 / 533 / eec on the basis of derogations made by member states under article 1 of that directive , it is necessary to replace these derogations with a possibility for member states not to apply the provisions of the directive to a work relationship equal to or less than 8 hours in total in a reference period of one month . that derogation does not affect the definition of a worker as provided for in article 2 . ### in view of the increasing number of workers excluded from the scope of directive 91 / 533 / eec on the basis of derogations made by member states under article 1 of that directive , it is necessary to replace these derogations with a possibility for member states not to apply the provisions of the directive to a work relationship equal to or less than 8 hours in total in a reference period of one month .


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


### a reasonable minimum advance notice , understood as the period of time between the moment a worker is informed about a new work assignment and the moment the assignment starts , constitutes another necessary element of predictability of work for employment relationships with work schedule which are variable or mostly determined by the employer . the length of the advance notice period may vary according to the needs of sectors , while ensuring adequate protection of workers . it applies without prejudice to directive 2002 / 15 / ec of the european parliament and of the council . 40 __________________ 40 directive 2002 / 15 / ec of the european parliament and of the council of 11 march 2002 on the organisation of the working time of persons performing mobile road transport activities . ### a reasonable minimum advance notice , understood as the period of time between the moment a worker is informed about a new work assignment and the moment the assignment starts , constitutes another necessary element of predictability of work for employment relationships with work schedule which are variable or mostly determined by the employer . the length of the advance notice period can vary according to the needs of the sector concerned ; it should also be possible to foresee that its length can be reduced due to exceptional circumstances , such as in the case of abnormal functioning of the operations of the company while ensuring the adequate protection of workers . it applies without prejudice to directive 2002 / 15 / ec of the european parliament and of the council . __________________ 40 directive 2002 / 15 / ec of the european parliament and of the council of 11 march 2002 on the organisation of the working time of persons performing mobile road transport activities .


### workers should have the possibility to refuse a work assignment if it falls outside of the reference hours and days or has not been notified within the minimum advance notice without suffering adverse consequences for this refusal . workers should also have the possibility to accept the work assignment if they so wish . ### workers should have the possibility to refuse a work assignment if it falls outside of the reference hours and days or where the worker has been notified outside the minimum advance notice period without suffering adverse consequences for this refusal . workers should also have the possibility to accept the work assignment if they so wish . it should be possible to indicate the reference hours and days , the time slots on specified days when work can take place at the employer ' s request , and to change the minimum notice period on an ad hoc basis as agreed between the employee and the employer . if the worker , once he or she has accepted the work assignment , is unable to complete the work because the employer delays assigning tasks to the worker , and the worker is not responsible for that delay , the worker should retain his or her right to remuneration for the work assignment .


### workers should have the right to be informed about their rights and obligations resulting from the employment relationship in writing at the start of employment . the relevant information should therefore reach them at the latest on the first day of the employment . ### workers should have the right to be informed about their rights and obligations resulting from the employment relationship in a legally binding document , in paper or electronically , at the start of employment . the basic and essential information should reach them in written form , as stated above , on the first working day . any further information should be provided no later than 15 days after the start of the employment relationship .


### if the worker is informed by their employer of a work assignment a reasonable period in advance , in accordance with article 3 . ### if the worker is informed by their employer of a work assignment a reasonable period in advance , in accordance with article 3 . member states shall in cooperation with social partners determine reasonable periods in regard to specific sectors . this shall be without prejudice to overtime work required in accordance with national law and practice as well as the conditions of the employment contract .


### workers should have the right to be informed about their rights and obligations resulting from the employment relationship in writing at the start of employment . the relevant information should therefore reach them at the latest on the first day of the employment . ### workers should have the right to be informed about their rights and obligations resulting from the employment relationship in writing , in paper or electronically , at the start of employment . the essential information should reach them at the latest on the first day of the employment .


### in order to ensure effectiveness of the rights provided by the union law , the personal scope of directive 91 / 533 / eec should be updated . in its case law , the court of justice of the european union has established criteria for determining the status of a worker34 which are appropriate for determining the personal scope of application of this directive . the definition of worker in article 2 is based on these criteria . they ensure a uniform implementation of the personal scope of the directive while leaving it to national authorities and courts to apply it to specific situations . provided that they fulfil those criteria , domestic workers , on - demand workers , intermittent workers , voucher based - workers , platform workers , trainees and apprentices could come within scope of this directive . __________________ 34 judgments of 3 july 1986 , deborah lawrie - blum , case 66 / 85 ; 14 october 2010 , union syndicale solidaires isère , case c - 428 / 09 ; 9 july 2015 , balkaya , case c - 229 / 14 ; 4 december 2014 , fnv kunsten , case c - 413 / 13 ; and 17 november 2016 , ruhrlandklinik , case c - 216 / 15 . ### in order to ensure effectiveness of the rights provided by the union law , the personal scope of directive 91 / 533 / eec should be updated . for the purposes of this directive , the terms ‘ worker’ , ‘ employer’ and ‘ employment relationship’ should follow the case law of the european court of justice .


### if the work schedule is entirely or mostly variable , the principle that the work schedule is variable , the amount of guaranteed paid hours , the remuneration of work performed in addition to the guaranteed hours and , if the work schedule is entirely or mostly determined , by the employer : ### if the work schedule is entirely or mostly variable or unpredictable , the principle that the work schedule is variable , the amount of guaranteed paid hours , the remuneration of work performed in addition to the guaranteed hours and , if the work schedule is entirely or mostly determined , by the employer :


### member states shall ensure that , where a worker is required to work in a member state or third country other than the member state in which he or she habitually works , the document referred to in article 4 shall be provided before his or her departure and shall include at least the following additional information : ### member states shall ensure that , where a worker is required to work in a member state or third country other than the member state in which he or she habitually works , the document referred to in article 4 shall be provided within a reasonable period before his or her departure and shall include at least the following additional information :


### the employer shall provide a written reply within one month of the application . with respect to natural persons acting as employers and micro , small , or medium enterprises , member states may provide for that deadline to be extended to no more than three months and allow an oral reply to be given to a subsequent similar request submitted by the same worker if the justification for the reply as regards the situation of the worker remains unchanged . ### the employer , particularly if the company is an sme , shall provide at least an oral reply as soon as possible after the application .


### the information referred to in paragraph 1 and 2 may , where appropriate , be given in the form of a reference to the laws , regulations and administrative or statutory provisions or collective agreements governing those particular points . ### the information referred to in paragraph 1 and 2may , where appropriate , be given in the form of a reference to specific provisions of laws , regulations and administrative or statutory acts or collective agreements governing those particular points , provided that such collective agreements are easily accessible for workers .


### since the adoption of council directive 91 / 533 / eec , 33 labour markets have undergone far - reaching changes due to demographic developments and digitalisation leading to the creation of new forms of employment , which have supported job creation and labour market growth . new forms of employment are often not as regular or stable as traditional employment relationships and lead to reduced predictability for the workers concerned , creating uncertainty as to applicable rights and social protection . in this evolving world of work , there is therefore an increased need for workers to be fully informed about their essential working conditions , which should occur in a written form and in a timely manner . in order adequately to frame the development of new forms of employment , workers in the union should also be provided with a number of new minimum rights aimed at promoting security and predictability in employment relationships while achieving upward convergence across member states and preserving labour market adaptability . __________________ 33 council directive 91 / 533 / ec of 14 october 1991 on an employer ' s obligation to inform employees of the conditions applicable to the contract or employment relationship . ### since the adoption of council directive 91 / 533 / eec , 33 labour markets have undergone far - reaching changes due to demographic developments and digitalisation leading to the creation of new forms of employment , but also due to measures that take a one - sided supply - side labour market approach aimed at liberalisation and deregulation of labour markets , which have supported the emergence of new business models . new forms of employment are often not as regular or stable as traditional employment relationships and lead to reduced predictability for the workers concerned , creating uncertainty as to applicable rights and social protection and encouraging unclear or unfair practices , thereby destabilising the labour market . in this evolving world of work , there is therefore an increased need for workers regardless of their particular field to be fully informed about their essential working conditions , which should occur in a written form and as rapidly as possible . in order adequately to frame the development of new forms of employment , workers in the union should also be provided with a number of new minimum rights aimed at promoting security and predictability in employment relationships while achieving upward convergence across member states and preserving labour market adaptability . __________________ 33 council directive 91 / 533 / ec of 14 october 1991 on an employer ' s obligation to inform employees of the conditions applicable to the contract or employment relationship .


### the worker shall benefit from favourable presumptions defined by the member state . where the information provided did not include the information referred to in points , , or of article 3 , the favourable presumptions shall include a presumption that the worker has an open - ended employment relationship , that there is no probationary period or that the worker has a full - time position , respectively . employers shall have the possibility to rebut the presumptions ; or ### the worker shall benefit from favourable presumptions , which the member state has the obligation to define . where the information provided did not include the information referred to in points , , or of article 3 , the favourable presumptions reported by the worker shall apply as agreed and shall include a presumption that the worker has an open - ended employment relationship , that there is no probationary period and that the worker has a full - time position , respectively . employers shall have the possibility to rebut the presumptions ; and


### where applicable , the benefits in cash or kind attendant on the work assignment , which includes in the case of posted workers covered by directive 96 / 71 / ec any allowances specific to posting and any arrangements for reimbursing expenditure on travel , board and lodging ; ### where applicable , the benefits in cash or kind attendant on the work assignment , which includes in the case of posted workers covered by directive 96 / 71 / ec allowances specific to posting and arrangements for reimbursing expenditure on travel , board and lodging ;


### minimum requirements relating to information on the essential aspects of the employment relationship and relating to working conditions that apply to every worker should therefore be established at union level in order to guarantee all workers in the union an adequate degree of transparency and predictability as regards their working conditions . ### minimum requirements relating to information on the essential aspects of the employment relationship and relating to working conditions that apply to every worker should therefore be established at union level in order to guarantee all workers in the union an adequate degree of transparency and predictability as regards their working conditions , while maintaining reasonable flexibility of non - standard employment , thus preserving its benefits for workers and employers .


### member states shall ensure that where employers are required by union or national legislation or relevant collective agreements to provide training to workers to carry out the work for which they are employed , such training shall be provided cost - free to the worker . ### member states shall ensure that where employers are required by union or national legislation or relevant collective agreements to provide any training or education to workers to carry out the work for which they are employed , such training or education shall be provided cost - free to the worker .


### the information referred to in article 3 shall be provided individually to the worker in the form of a document at the latest on the first day of the employment relationship . that document may be provided and transmitted electronically as long as it is easily accessible by the worker and can be stored and printed . ### the information referred to in article 3 shall be provided individually to the worker in the form of one or more documents at the latest within one calendar week from the first working day . the other information referred to in article 3 shall be provided individually to the worker in the form of a document within one month from the first working day .


### social partners may consider that in specific sectors or situations different provisions are more appropriate , for the pursuit of the purpose of this directive , than the minimum standards set in chapter three of this directive . member states should therefore be able to allow social partners to conclude collective agreements modifying the provisions contained in that chapter , as long as the overall level of protection of workers is not lowered . ### social partners may consider that in specific sectors or situations different provisions can be adapted , completed or improved if they are more appropriate , for the pursuit of the purpose of this directive , in accordance with chapter three of this directive . member states should therefore encourage the social partners to conclude collective agreements applying the provisions of that chapter , provided that the overall level of protection of workers continues to be respected and that the minimum requirements laid down in this directive are met .


### the procedure , including the length of the period of notice , to be observed by the employer and the worker should their employment relationship be terminated or , where the length of the period of notice cannot be indicated when the information is given , the method for determining such period of notice ; ### the procedure , including the length of the periods of notice , to be observed by the employer and the worker should their employment relationship be terminated or , where the length of the periods of notice cannot be indicated when the information is given , the method for determining such periods of notice ;


### member states shall ensure that the information on the laws , regulations and administrative or statutory provisions or collective agreements governing the legal framework applicable which are to be communicated by employers is made generally available free of charge in a clear , transparent , comprehensive and easily accessible way at a distance and by electronic means , including through existing online portals for union citizens and businesses . ### member states shall ensure that the information on the laws , regulations and administrative or statutory provisions or generally binding collective agreements which have been declared universally applicable governing the legal framework applicable which are to be communicated by employers is made generally available free of charge in an easily accessible way at a distance and by electronic means , including through existing online portals for union citizens and businesses .


### if the work schedule is entirely or mostly variable , the principle that the work schedule is variable , the amount of guaranteed paid hours , the remuneration of work performed in addition to the guaranteed hours and , if the work schedule is entirely or mostly determined , by the employer : ### if the work pattern is entirely or mostly unpredictable , the principle that the work pattern is unpredictable , the amount of guaranteed paid hours , the remuneration of work performed in addition to the guaranteed hours and , if the work pattern is entirely or mostly unpredictable , by the employer :


### in order to ensure effectiveness of the rights provided by the union law , the personal scope of directive 91 / 533 / eec should be updated . in its case law , the court of justice of the european union has established criteria for determining the status of a worker34 which are appropriate for determining the personal scope of application of this directive . the definition of worker in article 2 is based on these criteria . they ensure a uniform implementation of the personal scope of the directive while leaving it to national authorities and courts to apply it to specific situations . provided that they fulfil those criteria , domestic workers , on - demand workers , intermittent workers , voucher based - workers , platform workers , trainees and apprentices could come within scope of this directive . __________________ 34 judgments of 3 july 1986 , deborah lawrie - blum , case 66 / 85 ; 14 october 2010 , union syndicale solidaires isère , case c - 428 / 09 ; 9 july 2015 , balkaya , case c - 229 / 14 ; 4 december 2014 , fnv kunsten , case c - 413 / 13 ; and 17 november 2016 , ruhrlandklinik , case c - 216 / 15 . ### in its case law , the court of justice of the european union has established criteria for determining the status of a worker34 . they ensure a uniform implementation of the personal scope of the directive while leaving it to national authorities and courts to apply it to specific situations . provided that they fulfil those criteria , domestic workers , on - demand workers , intermittent workers , voucher based - workers , platform workers , trainees and apprentices could come within scope of this directive . __________________ 34 judgments of 3 july 1986 , deborah lawrie - blum , case 66 / 85 ; 14 october 2010 , union syndicale solidaires isère , case c - 428 / 09 ; 9 july 2015 , balkaya , case c - 229 / 14 ; 4 december 2014 , fnv kunsten , case c - 413 / 13 ; and 17 november 2016 , ruhrlandklinik , case c - 216 / 15 .


### member states shall develop templates and models for the document referred to in paragraph 1 and put them at the disposal of workers and employers including by making them available on a single official national website and by other suitable means . ### member states shall , in cooperation with social partners , develop templates and models for the document referred to in paragraph 1 and put them at the disposal of workers and employers including by making them available on a single official national website and by other suitable means . such templates and models may be further adapted to sector specific needs .


### where employers have the possibility to offer full - time or open - ended labour contracts to workers in non - standard forms of employment , a transition to more secure forms of employment should be promoted . workers should be able to request another more predictable and secure form of employment , where available , and receive a written response from the employer , which takes into account the needs of the employer and of the worker . ### where employers have the possibility to offer full - time or open - ended labour contracts to workers in non - standard forms of employment , a transition to more secure forms of employment should be promoted in accordance with the principles established in the european pillar of social rights . workers should be able to request another more predictable and secure form of employment , where available , and receive a written response from the employer , which takes into account the needs of the employer and of the worker .


### in order to ensure effectiveness of the rights provided by the union law , the personal scope of directive 91 / 533 / eec should be updated . in its case law , the court of justice of the european union has established criteria for determining the status of a worker34 which are appropriate for determining the personal scope of application of this directive . the definition of worker in article 2 is based on these criteria . they ensure a uniform implementation of the personal scope of the directive while leaving it to national authorities and courts to apply it to specific situations . provided that they fulfil those criteria , domestic workers , on - demand workers , intermittent workers , voucher based - workers , platform workers , trainees and apprentices could come within scope of this directive . __________________ 34 judgments of 3 july 1986 , deborah lawrie - blum , case 66 / 85 ; 14 october 2010 , union syndicale solidaires isère , case c - 428 / 09 ; 9 july 2015 , balkaya , case c - 229 / 14 ; 4 december 2014 , fnv kunsten , case c - 413 / 13 ; and 17 november 2016 , ruhrlandklinik , case c - 216 / 15 . ### in its case law , the court of justice of the european union has established criteria for determining the status of a worker34 . __________________ 34 judgments of 3 july 1986 , deborah lawrie - blum , case 66 / 85 ; 14 october 2010 , union syndicale solidaires isère , case c - 428 / 09 ; 9 july 2015 , balkaya , case c - 229 / 14 ; 4 december 2014 , fnv kunsten , case c - 413 / 13 ; and 17 november 2016 , ruhrlandklinik , case c - 216 / 15 .


### any training entitlement provided by the employer ; ### the general training policy provided by the employer ;


### the initial basic amount , any other component elements , the frequency and method of payment of the remuneration to which the worker is entitled ; ### the initial basic amount , any other component elements such as payments in kind or other benefits , and the frequency and method of payment of the remuneration to which the worker is entitled ;


### in view of the increasing number of workers excluded from the scope of directive 91 / 533 / eec on the basis of derogations made by member states under article 1 of that directive , it is necessary to replace these derogations with a possibility for member states not to apply the provisions of the directive to a work relationship equal to or less than 8 hours in total in a reference period of one month . that derogation does not affect the definition of a worker as provided for in article 2 . ### in view of the increasing number of workers excluded from the scope of directive 91 / 533 / eec on the basis of derogations made by member states under article 1 of that directive , it is necessary to replace these derogations with a possibility for member states not to apply the provisions of the directive to a work relationship equal to or less than 8 hours in total in a reference period of one month .


### member states shall develop templates and models for the document referred to in paragraph 1 and put them at the disposal of workers and employers including by making them available on a single official national website and by other suitable means . ### member states shall develop , in cooperation with social partners , templates and models for the document referred to in paragraph 1 and put them at the disposal of workers and employers including by making them available on a single official national website and by other suitable means .


### in order to ensure effectiveness of the rights provided by the union law , the personal scope of directive 91 / 533 / eec should be updated . in its case law , the court of justice of the european union has established criteria for determining the status of a worker34 which are appropriate for determining the personal scope of application of this directive . the definition of worker in article 2 is based on these criteria . they ensure a uniform implementation of the personal scope of the directive while leaving it to national authorities and courts to apply it to specific situations . provided that they fulfil those criteria , domestic workers , on - demand workers , intermittent workers , voucher based - workers , platform workers , trainees and apprentices could come within scope of this directive . __________________ 34 judgments of 3 july 1986 , deborah lawrie - blum , case 66 / 85 ; 14 october 2010 , union syndicale solidaires isère , case c - 428 / 09 ; 9 july 2015 , balkaya , case c - 229 / 14 ; 4 december 2014 , fnv kunsten , case c - 413 / 13 ; and 17 november 2016 , ruhrlandklinik , case c - 216 / 15 . ### in order to ensure effectiveness of the rights provided by the union law , the personal scope of directive 91 / 533 / eec should be updated . for the purposes of this directive , the terms ‘ worker’ , ‘ employer’ and ‘ employment relationship’ should follow the case law of the european court of justice .


### member states shall develop templates and models for the document referred to in paragraph 1 and put them at the disposal of workers and employers including by making them available on a single official national website and by other suitable means . ### member states , after consultation with stakeholders and social partners , shall develop templates and models for the document referred to in paragraph 1 and put them at the disposal of workers and employers including by making them available on a single official national website and by other suitable means . the european commission shall assist member states in producing these templates or models in order to avoid any discrepancies in content between the various member states .


### if it is not possible to indicate a fixed work schedule due to the nature of the employment , workers should know how their work schedule will be established , including the time slots in which they may be called to work and the minimum advance notice they should receive . ### if it is not possible to indicate a fixed work schedule due to the nature of the employment , particularly for seasonal workers in the agricultural sector , workers should be kept informed , in so far as possible , as to how their work schedule will be established .


### the worker shall benefit from favourable presumptions defined by the member state . where the information provided did not include the information referred to in points , , or of article 3 , the favourable presumptions shall include a presumption that the worker has an open - ended employment relationship , that there is no probationary period or that the worker has a full - time position , respectively . employers shall have the possibility to rebut the presumptions ; or ### the worker shall benefit from favourable presumptions , which the member state has the obligation to define . where the information provided did not include the information referred to in points , , or of article 3 , the favourable presumptions reported by the worker shall apply as agreed and shall include a presumption that the worker has an open - ended employment relationship , that there is no probationary period and that the worker has a full - time position , respectively . employers shall have the possibility to rebut the presumptions ; and


### the commission has undertaken a two - phase consultation with the social partners on the improvement of the scope and effectiveness of directive 91 / 533 / eec and the broadening of its objectives in order to insert new rights for workers , in accordance with article 154 of the treaty . this did not result in any agreement among social partners to enter into negotiations on those matters . however , as confirmed by the outcome of the open public consultations carried out to seek the views of various stakeholders and citizens , it is important to take action at the union level in this area by modernising and adapting the current legal framework . ### the commission has undertaken a two - phase consultation with the social partners on the improvement of the scope and effectiveness of directive 91 / 533 / eec and the broadening of its objectives in order to establish new rights for workers , in accordance with article 154 of the treaty on the functioning of the european union . this did not result in any agreement among social partners to enter into negotiations on those matters . however , on the basis of the outcome of the open public consultations carried out to seek the views of various stakeholders and citizens , it is essential to take action at union level in this area by adapting the current legal framework to new developments .