### where a work has more than one rightholder , and one of the rightholders has been identified and located , that work shall not be considered an orphan work . ### where a work has more than one rightholder , and at least one of the rightholders has not been identified and located , that work shall be considered an orphan work while the other rightholders remain unidentified or cannot be located despite a diligent search having been carried out and recorded in accordance with article 3 .


### the exclusive rights for authors of reproduction and of making available to the public of their works , as harmonised under directive 2001 / 29 / ec of the european parliament and council of 22 may 2001 on the harmonisation of certain aspects of copyright and related rights in the information society , require the consent of the author prior to the digitisation and making available of a work . ### the exclusive rights for rightholders of reproduction and of making available to the public of their works , as harmonised under directive 2001 / 29 / ec of the european parliament and council of 22 may 2001 on the harmonisation of certain aspects of copyright and related rights in the information society , require the consent of the rightholder prior to the digitisation and making available of a work .


### this directive should be without prejudice to existing arrangements in the member states concerning the management of rights such as extended collective licences . ### this directive should be without prejudice to existing and future arrangements concerning the management of rights in the member states .


### this directive concerns certain uses of orphan works undertaken by publicly accessible libraries , educational establishments or museums as well as by archives , film heritage institutions and public service broadcasting organizations . ### this directive concerns certain uses of orphan works in the member states .


### before a work can be considered an orphan work , a good faith and reasonable diligent search for the author should be carried out . member states should be permitted to provide that such a diligent search may be carried out by the organisations referred to in this directive or by other organisations . ### before a work can be considered an orphan work , a good faith and reasonable diligent search for the rightholder should be carried out . member states should be permitted to provide that such a diligent search may be carried out by the organisations referred to in this directive or by other authorised organisations .


### the exclusive rights for authors of reproduction and of making available to the public of their works , as harmonised under directive 2001 / 29 / ec of the european parliament and council of 22 may 2001 on the harmonisation of certain aspects of copyright and related rights in the information society , require the consent of the author prior to the digitisation and making available of a work . ### the exclusive rights for rightholders of reproduction and of making available to the public of their works , as harmonised under directive 2001 / 29 / ec of the european parliament and council of 22 may 2001 on the harmonisation of certain aspects of copyright and related rights in the information society , require the consent of the author prior to the digitisation and making available of a work .


### this directive applies to works first published or broadcast in a member state and which are : ### this directive applies to works first published , broadcast , exhibited , made available or communicated to the public in a member state and which are :


### where a work has more than one rightholder , and one of the rightholders has been identified and located , that work shall not be considered an orphan work . ### where a work has more than one rightholder , and at least one of the rightholders has not been identified or located , that work shall be considered an orphan work . the rights of known or identified rightholders shall not be affected .


### member states shall ensure that a rightholder in a work considered to be orphan has , at any time , the possibility of putting an end to the orphan status . ### where a work considered to be orphan has only one rightholder , member states shall ensure that that rightholder has , at any time , the possibility of putting an end to the orphan status .


### a work shall be considered an orphan work if the rightholder in the work is not identified or , even if identified , is not located after a diligent search for the rightholder has been carried out and recorded in accordance with article 3 . ### a work or a sound recording shall be considered orphan if the rightholder in the work is not identified or , even if identified , is not located after a diligent search for the rightholder has been carried out and recorded in accordance with article 3 .


### in order to promote learning and culture , member states should permit libraries , educational establishments and museums which are publicly accessible , as well as archives , film heritage institutions and public service broadcasting organisations , to make available and reproduce orphan works , provided such use fulfils their public interest missions , notably preservation , restoration and the provision of cultural and educational access to works contained in their collections . film heritage institutions should , for the purposes of this directive , cover organisations designated by member states to collect , catalogue , preserve and restore films forming part of their cultural heritage . ### in order to promote learning and culture , member states should permit libraries , educational establishments and museums which are publicly accessible , as well as archives , film heritage institutions and public service broadcasting organisations , to make available and reproduce orphan works , provided such use fulfils their public interest missions , notably preservation , restoration and the provision of cultural and educational access to works contained in their collections . film heritage institutions should , for the purposes of this directive , cover organisations designated by member states to collect , catalogue , preserve and restore films forming part of their cultural heritage . for the purposes of this directive , public - service broadcasting organisations should cover broadcasters with a public - service remit laid down and organised by a member state .


### orphan works may have several authors or include other works or protected subject matter . this directive should not affect the rights of known or identified rightholders . ### orphan works may have several rightholders or include other works or protected subject matter . this directive should not affect the rights of known or identified rightholders .


### member states shall ensure that a rightholder in a work considered to be orphan has , at any time , the possibility of putting an end to the orphan status . ### if a work considered to be orphan has only one rightholder , member states shall ensure that that rightholder has , at any time , the possibility of putting an end to the orphan status ; if a work considered to be orphan has more than one rightholder , its status as an orphan work may be brought to an end only if all the rightholders have been identified and located , in accordance with the provisions of article 2 .


### the exclusive rights for authors of reproduction and of making available to the public of their works , as harmonised under directive 2001 / 29 / ec of the european parliament and council of 22 may 2001 on the harmonisation of certain aspects of copyright and related rights in the information society , require the consent of the author prior to the digitisation and making available of a work . ### the exclusive rights for authors of reproduction and of making available to the public of their works , as harmonised under directive 2001 / 29 / ec of the european parliament and council of 22 may 2001 on the harmonisation of certain aspects of copyright and related rights in the information society , require the consent of the author prior to the digitisation , making available and communication to the public of a work .


### however , unless otherwise provided in article 7 , the organisations referred to in article 1 may not use orphan works in order to achieve aims other than their public interest missions , notably preservation , restoration and the provision of cultural and educational access to works contained in their collections . ### the organisations referred to in article 1 may not use orphan works in order to achieve aims other than their public interest missions , notably preservation , restoration and the provision of cultural and educational access to works contained in their collections .


### this directive should be without prejudice to existing arrangements in the member states concerning the management of rights such as extended collective licences . ### this directive should be without prejudice to the possibility for the member states , acting in accordance with european copyright law and international agreements , to retain , develop further or introduce arrangements concerning the management of rights such as extended collective licences .


### the sources that are appropriate for each category of works shall be determined by each member state , in consultation with right holders and users , and include , the sources listed in the annex . ### the sources that are appropriate for each category of works or any other protected subject - matter shall be determined by each member state , in agreement with rightholders and users , and include the sources listed in the annex .


### however , unless otherwise provided in article 7 , the organisations referred to in article 1 may not use orphan works in order to achieve aims other than their public interest missions , notably preservation , restoration and the provision of cultural and educational access to works contained in their collections . ### however , organisations using orphan works shall not do so in order to achieve aims other than their public interest missions , notably the preservation and restoration of works contained in their collections and the provision of access to those works for cultural , educational and research purposes .


### the publishers association in the respective country and the authors and journalists associations ; ### the publishers and the publishers ' association in the respective country and the authors ' and journalists ' associations ;


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


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


### protecting the environment and promoting resource efficiency ; ### protecting the environment and cultural heritage and promoting resource knowledge and efficiency ;


### establishing a closer link between cohesion policy and the economic governance of the union will ensure that the effectiveness of expenditure under the csf funds is underpinned by sound economic policies and that the csf funds can , if necessary , be redirected to addressing the economic problems a country is facing . this process has to be gradual , starting with amendments to the partnership contract and to the programmes in support of council recommendations to address macroeconomic imbalances and social and economic difficulties . where , despite the enhanced use of csf funds , a member state fails to take effective action in the context of the economic governance process , the commission should have the right to suspend all or part of the payments and commitments . decisions on suspensions should be proportionate and effective , taking into account the impact of the individual programmes for addressing the economic and social situation in the relevant member state and previous amendments to the partnership contract . when deciding on suspensions , the commission should also respect equality of treatment between member states , taking into account in particular the impact of the suspension on the economy of the member state concerned . the suspensions should be lifted and funds be made available again to the member state concerned as soon as the member state takes the necessary action . ### establishing a closer link between cohesion policy and the economic governance of the union will ensure that the effectiveness of expenditure under the csf funds is underpinned by sound economic policies and that the csf funds can , if necessary , be redirected to addressing the economic problems a country is facing . this process has to be gradual , starting with amendments to the partnership contract and to the programmes in support of council recommendations to address macroeconomic imbalances and social and economic difficulties . where , despite the enhanced use of csf funds , a member state fails to take effective action in the context of the economic governance process , the commission should have the right to suspend all or part of the payments and commitments . decisions on suspensions should be proportionate and effective , taking into account the impact of the individual programmes for addressing the economic and social situation in the relevant member state and previous amendments to the partnership contract . when deciding on suspensions , the commission should also respect equality of treatment between member states , taking into account in particular the impact of the suspension on the economy of the member state concerned . the suspensions should be lifted and funds be made available again to the member state concerned as soon as the member state takes the necessary action . if a member state has failed to take adequate measures for more than three months , the commission may make the suspended funds available in a controlled manner in a programme administered by itself . this should be based on priorities of maximum support for growth , for example of economic infrastructure , in order to prevent greater damage to the regional economy and the social situation .


### enhancing the competitiveness of small and medium - sized enterprises , the agricultural sector and the fisheries and aquaculture sector ; ### enhancing the competitiveness especially of small and medium - sized enterprises and their networks , the agricultural sector and the fisheries and aquaculture sector ;


### member states shall ensure that trade unions and other third parties , such as associations , organisations and other legal entities which have , in accordance with the criteria laid down by their national law , a legitimate interest in ensuring that the provisions of this directive are complied with , may engage , on behalf or in support of the posted workers or their employer , with their approval in any judicial or administrative proceedings provided for with the objective of implementing this directive and / or enforcing the obligations under this directive . ### member states shall ensure that trade unions and other third parties , such as associations , organisations and other legal entities which have , in accordance with the criteria laid down by their national law , a legitimate interest in ensuring that the provisions of this directive and directive 96 / 71 / ec are complied with , may engage , on behalf or in support of the posted workers or their employer , in any judicial or administrative proceedings provided for with the objective of implementing this directive and / or enforcing the obligations under this directive .


### within three years after the date referred to in article 20 , the necessity and appropriateness of the application of national control measures shall be reviewed in the light of the experiences with and effectiveness of the system for cooperation and exchange of information , the development of more uniform , standardised documents , the establishment of common principles or standards for inspections in the field of the posting of workers as well as technological developments , with a view to proposing , where appropriate , any necessary amendments or modifications . ### within three years after the date referred to in article 20 , the necessity , appropriateness and sufficient effectiveness of the application of national control measures shall be reviewed in the light of the experiences with and effectiveness of the system for cooperation and exchange of information , the development of more uniform , standardised documents , the establishment of common principles or standards for inspections in the field of the posting of workers as well as technological , social and economic developments of posting , with a view to proposing , where appropriate , any necessary amendments or modifications to ensure effective controls of employment conditions by the competent authorities of the host member state .


### this directive aims to guarantee respect for an appropriate level of minimum protection of the rights of posted workers for the cross - border provision of services , while facilitating the exercise of the freedom to provide services for service providers and promoting fair competition between service providers . ### this directive aims to facilitate the exercise of the freedom to provide services for service providers and promoting fair competition between service providers , while guaranteeing respect for an appropriate level of minimum protection of the rights of posted workers for the cross - border provision of services .


### for the purpose of implementing , applying and enforcing directive 96 / 71 / ec the competent authorities shall take into account factual elements characterising the activities carried out by an undertaking in the state in which it is established in order to determine whether it genuinely performs substantial activities , other than purely internal management and / or administrative activities . such elements may include : ### for the purpose of implementing , applying and enforcing directive 96 / 71 / ec the competent authorities shall take into account factual elements characterising the activities carried out by an undertaking in the state in which it is established in order to determine whether it genuinely performs substantial activities , other than purely internal management and / or administrative activities . such elements include :


### an obligation to keep or make available and / or retain copies in paper or electronic form of the employment contract , payslips , time - sheets and proof of payment of wages or copies of equivalent documents during the period of posting in an accessible and clearly identified place in its territory , such as the workplace or the building site , or for mobile workers in the transport sector the operations base or the vehicle with which the service is provided ; ### an obligation to keep or make available within a reasonable period of time and / or retain , at the choice of the services provider , copies in paper or electronic form of the employment contract , payslips , time - sheets and proof of payment of wages or copies of equivalent documents , issued according to the national law of the member state of establishment , during the period of posting in an accessible and clearly identified place in its territory , such as the workplace or the building site , or for mobile workers in the transport sector the operations base or the vehicle with which the service is provided ;


### for the purpose of implementing , applying and enforcing directive 96 / 71 / ec the competent authorities shall take into account factual elements characterising the activities carried out by an undertaking in the state in which it is established in order to determine whether it genuinely performs substantial activities , other than purely internal management and / or administrative activities . such elements may include : ### for the purpose of implementing , applying and enforcing directive 96 / 71 / ec the competent authorities shall take into account factual elements characterising the activities carried out by an undertaking in the state in which it is established in order to determine whether it genuinely performs activities . such elements may include :


### member states shall ensure that trade unions and other third parties , such as associations , organisations and other legal entities which have , in accordance with the criteria laid down by their national law , a legitimate interest in ensuring that the provisions of this directive are complied with , may engage , on behalf or in support of the posted workers or their employer , with their approval in any judicial or administrative proceedings provided for with the objective of implementing this directive and / or enforcing the obligations under this directive . ### member states shall ensure that trade unions and other third parties , such as associations , organisations and other legal entities which have , in accordance with the criteria laid down by their national law , a legitimate interest in ensuring that the provisions of this directive are complied with , may engage , on behalf or in support of the posted workers or their employer , only with their approval in any judicial or administrative proceedings provided for with the objective of implementing this directive and / or enforcing the obligations under this directive .


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


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


### trade unions play an important role in the context of the posting of workers for the provision of services since social partners may , in accordance with national law and / or practice , determine the different levels of the applicable minimum rates of pay . ### social partners play an important role in the context of the posting of workers for the provision of services since they may , in accordance with national law and / or practice , determine the different levels of the applicable minimum rates of pay . this right should come together with their responsibility for communicating and informing about the aforementioned rates .


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


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


### a specific urgency mechanism shall be used for special situations where a member state becomes aware of particular circumstances requiring urgent action . in such circumstances , the information shall be submitted within 24 hours . ### a specific urgency mechanism shall be used for special situations where a member state becomes aware of particular circumstances requiring urgent action . in such circumstances , the information shall be submitted within 2 working days .


### refund of excessive costs , in relation to net remuneration or to the quality of the accommodation , withheld or deducted from wages for accommodation provided by the employer . ### refund of excessive costs , in relation to remuneration or to the quality of the accommodation , withheld or deducted from wages for accommodation provided by the employer .


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


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


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


### promoting political pluralism and democratic political representation , and encouraging political participation by citizens , in particular marginalised groups , in democratic reform processes at local , regional and national level ; ### promoting political pluralism and democratic political representation , and encouraging political participation by citizens , in particular marginalised groups , in democratic reform processes at local , regional and national level , starting with the sufficient provision of food as a basis for any political engagement ;


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


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


### the rights of indigenous peoples and the rights of persons belonging to minorities and ethnic groups ; ### the rights of indigenous peoples , as proclaimed in the un declaration on the rights of indigenous peoples and the rights of persons belonging to minorities and ethnic groups , as defined in the un declaration on the rights of persons belonging to national or ethnic , religious and linguistic minorities ;


### through deployment of union election observation missions ; ### through deployment of union election observation missions , on the basis that such missions shall not be granted more than 25&#160 ; % of the total budget of the instrument hereby created ;


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


### promoting political pluralism and democratic political representation , and encouraging political participation by citizens , in particular marginalised groups , in democratic reform processes at local , regional and national level ; ### promoting political pluralism and democratic political representation , and encouraging political participation by citizens , in particular women and marginalised groups , in democratic reform processes at local , regional and national level ;


### the assistance measures shall take into account the specific features of crisis or urgency situations and countries or situations where there is a serious lack of fundamental freedoms , where human security is most at risk or where human rights organisations and defenders operate under the most difficult conditions . ### the assistance measures shall take into account the specific features of crisis or urgency situations and countries or situations where there is a serious lack of fundamental freedoms , where human security is most at risk or where human rights organisations and defenders operate under the most difficult conditions , or where there is a serious threat to an environment allowing citizen participation .


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


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


### by supporting measures aimed at the consistent integration of electoral processes into the democratic cycle and at implementing recommendations made by union election observation missions ; ### by supporting measures aimed at the consistent integration of electoral processes into the democratic cycle and at implementing recommendations made by union election observation missions and by the european parliament election observation delegations ;


### the task of building and sustaining a culture of human rights and making democracy work for citizens , though especially urgent and difficult in emerging democracies , is essentially a continuous challenge , belonging first and foremost to the people of the country concerned but without diminishing the commitment of the international community . it also requires a range of institutions , in particular national democratic parliaments that should ensure participation , representation , responsiveness and accountability . ### the task of building and sustaining a culture of human rights and making democracy work for citizens , though especially urgent and difficult in emerging democracies , is essentially a continuous challenge , belonging first and foremost to the people of the country concerned but without diminishing the commitment of the international community . it also requires a range of institutions , in particular national democratic parliaments and religious authorities that should ensure participation , representation , responsiveness and accountability .


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


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


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


### the rights of indigenous peoples and the rights of persons belonging to minorities and ethnic groups ; ### the rights of indigenous peoples and the rights of persons belonging to minorities and ethnic or religious or other groups ;


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


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


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


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


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


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


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


### the proprietor of a registered trade mark shall also be entitled to prevent all third parties from bringing goods , in the context of commercial activity , into the customs territory of the member state where the trade mark is registered without being released for free circulation there , where such goods , including packaging , come from third countries and bear without authorization a trade mark which is identical to the trade mark registered in respect of such goods , or which cannot be distinguished in its essential aspects from that trade mark . ### the proprietor of a registered trade mark shall also be entitled to prevent all third parties from bringing goods infringing this registered trade mark into the customs territory of the member state where the trade mark is registered , where such goods , including packaging : come from third countries and bear without authorization a trade mark which is identical to the trade mark registered in respect of such goods , or which cannot be distinguished in its essential aspects from that trade mark ; and are intended to be the subject of commercial activity without being released for free circulation in that territory . where the goods referred to in the first subparagraph enter and move around the customs territory of the member state under the customs transit system and where these goods are being transported to a third country in which the trade mark is not registered , it is the importer ' s responsibility to prove that the goods in question are indeed destined for consumers on the market of said third country .


### the proprietor of a registered trade mark shall also be entitled to prevent all third parties from bringing goods , in the context of commercial activity , into the customs territory of the member state where the trade mark is registered without being released for free circulation there , where such goods , including packaging , come from third countries and bear without authorization a trade mark which is identical to the trade mark registered in respect of such goods , or which cannot be distinguished in its essential aspects from that trade mark . ### the proprietor of a registered trade mark , assisted by the national authorities , shall also be entitled to prevent all third parties from bringing goods , in the context of commercial activity , into the customs territory of the member state where the trade mark is registered without being released for free circulation there , where such goods , including packaging , come from third countries and bear without authorization a trade mark which is identical to the trade mark registered in respect of such goods , or which cannot be distinguished in its essential aspects from that trade mark .


### the proprietor of a registered trade mark shall also be entitled to prevent the importing of goods pursuant to paragraph 3 where only the consignor of the goods acts for commercial purposes . ### the proprietor of a european trade mark shall also be entitled to prevent , with the assistance of the national authorities , the importing of goods pursuant to paragraph 3 or the offering of goods pursuant to paragraph 3 , where the consignor , intermediary , agent or online sales services provider of the merchandise acts for commercial purposes


### in order to improve and facilitate access to trade mark protection and to increase legal certainty and predictability , the procedure for the registration of trade marks in the member states should be efficient and transparent and should follow rules similar to those applicable to european trade marks . with a view to achieving a consistent and balanced trade mark system both at national and union level , all the central industrial property offices of the member states should therefore limit their examination ex officio of whether a trade mark application is eligible for registration to the absence of absolute grounds for refusal only . this should , however , not prejudice the right of those offices to provide , upon request of applicants , searches for earlier rights on a purely informative basis and without any prejudice to or binding effect on the further registration process , including subsequent opposition proceedings . ### in order to improve and facilitate access to trade mark protection and to increase legal certainty and predictability , the procedure for the registration of trade marks in the member states should be efficient and transparent and should follow rules similar to those applicable to european trade marks .


### articles 78 to 84 , 89 and 90 of regulation no 1907 / 2006 shall apply mutatis mutandis taking into account the role of the agency with respect to this regulation . ### in article 74 , the second paragraph is replaced by the following : articles 77 , 78 to 84 , 86 , 89 and 90 of regulation no 1907 / 2006 shall apply mutatis mutandis , taking into account the role of the agency with respect to this regulation .


### annual national programmes and associated funding shall be approved by 31 january each year by means of a grant decision in relation to the measures implemented and the costs incurred from 1 january to 31 december of that year . following submission of the intermediate reports as referred to in article 15 , the commission may amend such decisions if necessary in relation to the whole eligibility period . ### annual national programmes and associated funding shall be approved by 30 november of the year preceding the year in which the programmes are due to begin , by means of a grant decision in relation to the measures implemented and the costs incurred from 1 january to 31 december of the eligible year . following submission of the intermediate reports as referred to in article 15 , the commission may amend such decisions if necessary in relation to the whole eligibility period .


### concern the control of serious health risks for the union ; ### concern the control of serious human , animal and plant health risks for the union , along the whole food chain ;


### commission text for each approved annual or multiannual national programme , member states shall submit to the commission , by 31 march each year , an annual detailed technical and financial report covering the previous year including the results achieved , measured on the basis of the indicators referred to in articles 13 and a detailed account of eligible costs incurred . in addition , for each approved annual national programme , member states shall submit to the commission , by 31 july each year , intermediate technical and financial reports . ### for each approved annual or multiannual national programme , member states shall submit to the commission , by 30 april each year , an annual detailed technical and financial report covering the previous year including the results achieved , measured on the basis of the indicators referred to in articles 13 and a detailed account of eligible costs incurred . in addition , for each approved annual national programme , member states shall submit to the commission , by 31 august each year , intermediate technical and financial reports .


### protecting the environment and promoting resource efficiency : addressing the significant needs for investment in the waste sector to meet the requirements of the environmental acquis ; addressing the significant needs for investment in the water sector to meet the requirements of the environmental acquis ; protecting , promoting and developing cultural heritage ; protecting biodiversity , soil protection and promoting ecosystem services including natura 2000 and green infrastructures ; action to improve the urban environment , including regeneration of brownfield sites and reduction of air pollution ; ### protecting the environment and promoting resource efficiency through : investing in the waste sector to meet the requirements of the union ' s environmental acquis and to address needs , identified by member states , for investment going beyond those requirements ; investing in the water sector to meet the requirements of the union ' s environmental acquis and to address needs , identified by member states , for investment going beyond those requirements ; conserving , protecting , promoting and developing natural and cultural heritage ; protecting and restoring biodiversity , soil protection and restoration and promoting ecosystem services including natura 2000 and green infrastructures ; action to improve the urban environment , revitalisation of cities , regeneration and decontamination of brownfield sites , reduction of air pollution and promotion of noise - reduction measures ; promoting innovative technologies to improve environmental protection and resource efficiency in the waste sector , water sector , soil protection or to reduce air pollution ; supporting industrial transition towards a resource - efficient economy , promoting green growth , eco - innovation and environmental performance management in the public and private sectors ;


### promoting sustainable transport and removing bottlenecks in key network infrastructures : supporting a multimodal single european transport area by investing in the trans - european transport network network ; enhancing regional mobility through connecting secondary and tertiary nodes to ten - t infrastructure ; developing environment - friendly and low - carbon transport systems and promoting sustainable urban mobility ; developing comprehensive , high quality and interoperable railway system ; ### promoting sustainable transport and removing bottlenecks in key network infrastructures through : supporting a multimodal single european transport area by investing in the trans - european transport network network ; enhancing regional mobility through connecting secondary and tertiary nodes to ten - t infrastructure , including multimodal nodes ; developing and improving environment - friendly , and low - carbon transport systems including inland waterways and maritime transport , ports , multimodal links and airport infrastructure , in order to promote sustainable regional and local mobility ; developing and rehabilitating comprehensive , high quality and interoperable railway system , and promoting noise - reduction measures ; improving energy efficiency and security of supply through the development of smart energy distribution , storage and transmission systems and through the integration of distributed generation from renewable sources ;


### article 9 innovative actions in the field of sustainable urban development at the initiative of the commission , the erdf may support innovative actions in the field of sustainable urban development , subject to a ceiling of 0 , 2% of the total annual erdf allocation . they shall include studies and pilot projects to identify or test new solutions to issues relating to sustainable urban development which are of relevance at union level . 2 . by derogation to article 4 above , innovative actions may support all activities necessary to achieve the thematic objectives set out in article 9 of regulation no [ … ] / 2012 [ cpr ] and corresponding investment priorities . 3 . the commission shall adopt delegated acts in accordance with article 13 concerning procedures for the selection and implementation of innovative actions . ### article 8 innovative actions in the field of sustainable urban development at the initiative of the commission , the erdf may support innovative actions in the field of sustainable urban development in accordance with article 84 of regulation no [ . . . ] / 2013 [ cpr ] . they shall include studies and pilot projects to identify or test new solutions to issues relating to sustainable urban development which are of relevance at union level . the commission shall encourage the involvement of relevant partners from the categories referred to in article 5 of regulation no [ &#8230 ; ] / 2013 [ cpr ] in the preparation and implementation of innovative actions . 2 . by derogation to article 4 of this regulation , innovative actions may support all activities necessary to achieve the thematic objectives set out in article 9 of regulation no [ … ] / 2012 [ cpr ] and corresponding investment priorities . 3 . the commission shall be empowered to adopt delegated acts in accordance with article 13 , laying down detailed rules concerning the principles for the selection and implementation of innovative actions to be supported , the responsibilities of the relevant bodies involved and arrangement for monitoring , reporting , evaluation , management and control .


### freight transport services and start - up aid for transport services ; ### freight transport services and start - up aid for safe transport services , based on sustainable mobility ;


### article 8 urban development platform the commission shall establish , in accordance with article 51 of regulation no [ &#8230 ; ] / 2012 [ cpr ] , an urban development platform to promote capacity - building and networking between cities and exchange of experience on urban policy at union level in areas related to the investment priorities of the erdf and to sustainable urban development . ### article 9 urban development network the commission shall establish , in accordance with article 51 of regulation no [ &#8230 ; ] / 2012 [ cpr ] , an urban development network to promote capacity - building , networking and exchange of experience at union level between urban authorities responsible for implementing sustainable urban development strategies in accordance with article 7 , paragraphs 2a and 2b of this regulation and innovative actions in the field of sustainable urban development in accordance with article 8 of this regulation .


### investments in infrastructure providing basic services to citizens in the areas of energy , environment , transport , and information and communication technologies ; ### investments in infrastructure providing basic services to citizens in the areas of energy , environment , sustainable tourism and transport , and information and communication technologies ;


### article 4 thematic concentration the thematic objectives set out in article 9 of regulation no [ … ] / 2012 [ cpr ] and corresponding investment priorities set out in article 5 of this regulation to which the erdf may contribute shall be concentrated as follows : in more developed regions and transition regions : at least 80% of the total erdf resources at national level shall be allocated to the thematic objectives set out in points 1 , 3 and 4 of article 9 of regulation no [ &#8230 ; ] / 2012 [ cpr ] ; and at least 20% of the total erdf resources at national level shall be allocated to the thematic objective set out in point 4 of article 9 of regulation no [ … ] / 2012 [ cpr ] ; in less developed regions : at least 50% of the total erdf resources at national level shall be allocated to the thematic objectives set in out in point 1 , 3 and 4 of article 9 of regulation no [ &#8230 ; ] / 2012 [ cpr ] . at least 6% of the total erdf resources at national level shall be allocated to the thematic objective set out in point 4 of article 9 of regulation no [ … ] / 2012 [ cpr ] . by derogation from point , in those regions whose gdp per capita for the 2007 - 13 period was less than 75% of the average gdp of the eu - 25 for the reference period but which are eligible under the category of transition or more developed regions as defined in article 82 and of regulation no [ ] / 2012 [ cpr ] in the 2014 - 2020 period , at least 60% of the total erdf resources at national level shall be allocated to each of the thematic objectives set in out in points 1 , 3 and 4 of article 9 of regulation no [ … ] / 2012 [ cpr ] . ### article 4 thematic concentration the thematic objectives set out in article 9 of regulation no [ &#8230 ; ] / 2012 [ cpr ] and corresponding investment priorities set out in article 5 of this regulation to which the erdf may contribute under the investment for jobs and growth goal shall be concentrated as follows : in more developed regions : at least 80% of the total erdf resources at national level shall be allocated to two or more of the thematic objectives set out in points 1 , 2 , 3 and 4 of article 9 of regulation no [ &#8230 ; ] / 2012 [ cpr ] ; and at least 20% of the total erdf resources at national level shall be allocated to the thematic objective set out in point 4 of article 9 of regulation no [ … ] / 2012 [ cpr ] ; in transition regions : at least 60% of the total erdf resources at national level shall be allocated to two or more of the thematic objectives set out in points 1 , 2 , 3 and 4 of article 9 of regulation eu no [ &#8230 ; ] / 2012 [ cpr ] ; and at least 15% of the total erdf resources at national level shall be allocated to the thematic objective set out in point 4 of article 9 of regulation eu no [ … ] / 2012 [ cpr ] ; in less developed regions : at least 50% of the total erdf resources at national level shall be allocated to two or more of the thematic objectives set in out in point 1 , 2 , 3 and 4 of article 9 of regulation no [ &#8230 ; ] / 2012 [ cpr ] . at least 12% of the total erdf resources at national level shall be allocated to the thematic objective set out in point 4 of article 9 of regulation no [ … ] / 2012 [ cpr ] by derogation from point , those regions whose gdp per capita for the 2007 - 13 period was less than 75% of the average gdp of the eu - 25 for the reference period , and the regions designated with the phasing - out status in the 2007 - 2013 period but which are eligible under the category of more developed regions as defined in article 82 of regulation no [ ] / 2012 [ cpr ] in the 2014 - 2020 period , shall be considered as transition regions for the purpose of this article . by derogation from point and , all nuts 2 level regions consisting solely of an island or of several islands , shall be considered as less developed regions for the purpose of this article .


### promoting social inclusion and combating poverty : investing in health and social infrastructure which contribute to national , regional and local development , reducing inequalities in terms of health status , and transition from institutional to community - based services ; support for physical and economic regeneration of deprived urban and rural communities ; support for social enterprises ; ### promoting social inclusion and combating poverty and any discrimination through : investing in health and social infrastructure which contribute to national , regional and local development , reducing inequalities in terms of health status , promoting social inclusion through improved access to social , cultural and recreational services and the transition from institutional to community - based services ; support for physical , economic and social regeneration of deprived communities in urban and rural areas ; support for social enterprises ; investments undertaken in the context of community - led local development strategies ;


### promoting social inclusion and combating poverty : investing in health and social infrastructure which contribute to national , regional and local development , reducing inequalities in terms of health status , and transition from institutional to community - based services ; support for physical and economic regeneration of deprived urban and rural communities ; support for social enterprises ; ### promoting social inclusion and combating poverty through : investing in health and social infrastructure which contribute to national , regional and local development , reducing inequalities in terms of health status , promoting social inclusion through improved access to social , cultural and recreational services and the transition from institutional to community - based services ; support for physical , economic and social regeneration of deprived communities in urban and rural areas ; support for social enterprises ; investments undertaken in the context of community - led local development strategies ;


### the specific additional allocation for the outermost regions shall be used to offset the additional costs , linked to the handicaps referred in article&#160 ; 349 of the treaty , incurred in the outermost regions in supporting : the thematic objectives set out in article 9 of regulation no&#160 ; [ &#8230 ; ] / 2012 [ cpr ] ; freight transport services and start - up aid for transport services ; operations linked to storage constraints , the excessive size and maintenance of production tools , and lack of human capital in the local market . at least 50% of the specific additional allocation shall be allocated to actions contributing to the diversification and modernisation of the economies of the outermost regions , with a particular focus on the thematic objectives set out in points 1 , 2 and 3 of article 9 of regulation no [ … ] / 2012 [ cpr ] . ### the specific additional allocation for the outermost regions shall not be subject to article 4 and be used to offset the additional costs , linked to the characteristics and constraints referred to in article&#160 ; 349 of the treaty on the functioning of the european union , incurred in the outermost regions in supporting : the thematic objectives set out in article 9 of regulation no&#160 ; [ &#8230 ; ] / 2012 [ cpr ] ; freight transport services and start - up aid for transport services ; operations linked to storage constraints , the excessive size and maintenance of production tools , and lack of human capital in the local market .


### enhancing institutional capacity and an efficient public administration by strengthening of institutional capacity and the efficiency of public administrations and public services related to implementation of the erdf , and in support of actions in institutional capacity and in the efficiency of public administration supported by the esf . ### enhancing institutional capacity and an efficient public administration by strengthening of institutional capacity and the efficiency of public administrations and public services and partners referred to in article 5 of regulation no . . . 2012 , including local and regional authorities and civil society organisations , related to implementation of the erdf , and in support of actions in institutional capacity and in the efficiency of public administration supported by the esf .


### supporting the shift towards a low - carbon economy in all sectors : promoting the production and distribution of renewable energy sources ; promoting energy efficiency and renewable energy use in smes ; supporting energy efficiency and renewable energy use in public infrastructures and in the housing sector ; developing smart distribution systems at low voltage levels ; promoting low - carbon strategies for urban areas ; ### supporting the shift towards a low - carbon economy in all sectors through : promoting the production and distribution of energy derived from renewable sources ; promoting energy efficiency and renewable energy use in enterprises ; supporting energy efficiency , smart energy management and renewable energy use in public infrastructures , including in public buildings , and in the housing sector ; developing and implementing smart distribution systems at low and medium voltage levels ; promoting low - carbon strategies for all types of territories , in particular for urban areas , including the promotion of sustainable multi - modal urban mobility and mitigation relevant adaptation measures ; promoting research in , innovation in and adoption of low - carbon technologies ; promoting the use of high - efficiency co - generation of heat and power based on useful heat demand ;


### enhancing regional mobility through connecting secondary and tertiary nodes to ten - t infrastructure ; ### enhancing regional mobility , in particular sustainable transport infrastructure and connections between secondary and tertiary nodes and the ten - t infrastructure ;


### investing in education , skills and lifelong learning by developing education and training infrastructure ; ### investing in affordable quality childcare , education , skills and lifelong learning by developing education , training and cultural infrastructure , including initial and continuous and dual training ;


### promoting climate change adaptation , risk prevention and management : supporting dedicated investment for adaptation to climate change ; promoting investment to address specific risks , ensuring disaster resilience and developing disaster management systems ; ### promoting climate change adaptation , risk prevention and management through : supporting investment for adaptation to climate change , including eco - system based approaches ; promoting investment to address specific risks , ensuring disaster resilience and developing disaster management systems ;


### by derogation to article 4 above , innovative actions may support all activities necessary to achieve the thematic objectives set out in article 9 of regulation no [ … ] / 2012 [ cpr ] and corresponding investment priorities . ### by derogation to article 4 above , innovative actions may support all activities necessary to achieve the thematic objectives set out in article 9 of regulation no [ . . . ] / 2012 [ cpr ] and corresponding investment priorities .


### financing under this article shall not be used to support : operations involving products falling within annex i to the treaty ; aids to transport of persons authorised under article 107 of the treaty ; tax exemptions and exemption of social charges . ### financing under this article shall not be used to support : operations involving products falling within annex i to the treaty on the functioning of the european union ; aids to transport of persons authorised under article 107 of the treaty on the functioning of the european union ; tax exemptions and exemption of social charges .


### within the framework of sustainable urban development , it is considered necessary to support integrated actions to tackle the economic , environmental , climate and social challenges affecting urban areas and to define a procedure to establish the list of cities covered by such actions and the financial allocation set aside for such actions . ### within the framework of sustainable urban development , it is considered necessary to support integrated actions to tackle the economic , environmental , climate , demographic and social challenges affecting urban areas , including functional urban areas , and to promote urban rural linkages .


### the erdf shall support , within operational programmes , sustainable urban development through strategies setting out integrated actions to tackle the economic , environmental , climate and social challenges affecting urban areas . ### the erdf shall support , within operational programmes , sustainable urban and other territorial development through strategies setting out integrated actions to tackle the economic , environmental , climate , demographic and social challenges affecting urban and other territorial areas .


### strengthening research , technological development and innovation : enhancing research and innovation infrastructure and capacities to develop r&amp ; i excellence and promoting centres of competence , in particular those of european interest ; promoting business r&i investment , product and service development , technology transfer , social innovation and public service applications , demand stimulation , networking , clusters and open innovation through smart specialisation ; supporting technological and applied research , pilot lines , early product validation actions , advanced manufacturing capabilities and first production in key enabling technologies and diffusion of general purpose technologies ; ### strengthening research , technological development and innovation through : enhancing research and innovation infrastructure and capacities to develop r&amp ; i excellence and promoting centres of competence , in particular those of european interest ; promoting business investment in innovation and research , and developing links and synergies between enterprises , r&d centres and higher education , in particular product and service development , technology transfer , social innovation , eco - innovation , public service applications , demand stimulation , networking , clusters and open innovation through smart specialisation and supporting technological and applied research , pilot lines , early product validation actions , advanced manufacturing capabilities and first production , in particular in key enabling technologies and diffusion of general purpose technologies ;


### promoting employment and supporting labour mobility : development of business incubators and investment support for self - employment and business creation ; local development initiatives and aid for structures providing neighbourhood services to create new jobs , where such actions are outside the scope of regulation no [ … ] / 2012 [ esf ] ; investing in infrastructure for public employment services ; ### promoting employment and supporting labour mobility through : supporting the development of business incubators and investment support for self - employment , micro - enterprises and business creation ; supporting employment friendly growth through the development of endogenous potential as part of a territorial strategy for specific areas , including the conversion of declining industrial regions and enhancement of accessibility to and development of specific natural and cultural resources ; supporting local development initiatives and aid for structures providing neighbourhood services to create new jobs , where such actions are outside the scope of regulation no [ … ] / 2012 [ esf ] ; investing in infrastructure for employment services ;


### article 176 of the treaty provides that the european regional development fund is intended to help to redress the main regional imbalances in the union . the erdf therefore contributes to reducing the gap between the levels of development of the various regions and the extent to which the least favoured regions , including rural and urban areas , declining industrial regions , areas with severe and permanent natural and demographic handicaps , such as islands , mountainous areas , sparsely populated areas and border regions , are lagging behind . ### article 176 of the treaty on the functioning of the european union provides that the european regional development fund is intended to help to redress the main regional imbalances in the union . therefore , in accordance with that article and article 174 , second and third paragraphs , of tfeu , the erdf is to contribute to reducing disparities between the levels of development of the various regions and the backwardness of the least favoured regions , among which particular attention should be paid to regions which suffer from severe and permanent natural or demographic challenges and handicaps such as the northernmost regions with very low population density and island , cross - border and mountain regions .


### article 3 scope of support from the erdf the erdf shall support : productive investment , which contributes to creating and safeguarding sustainable jobs , through direct aid to investment in small and medium - sized enterprises ; investments in infrastructure providing basic services to citizens in the areas of energy , environment , transport , and information and communication technologies ; investments in social , health and educational infrastructure ; development of endogenous potential by supporting regional and local development and research and innovation . these measures shall include : fixed investment in equipment and small - scale infrastructure ; support for and services to enterprises , in particular smes ; support to public research and innovation bodies and investment in technology and applied research in enterprises ; networking , cooperation and exchange of experience between regions , towns , and relevant social , economic and environmental actors ; technical assistance . in more developed regions , the erdf shall not support investments in infrastructure providing basic services to citizens in the areas of environment , transport , and ict . ### article 3 scope of support the erdf shall support the following activities in order to contribute to the investment priorities set out in article 5 : productive investment , which contributes to creating and safeguarding sustainable jobs , through direct aid to investment in small and medium - sized enterprises ; productive investment , irrespective of the size of the enterprise , contributing to the investment priorities set out in article 5 . 1 and 5 . 4 , and , where it involves cooperation between large enterprises and smes , 5 . 2 ; investments in infrastructure providing basic services to citizens in the areas of energy , environment , transport , and information and communication technologies ; investments in business , social , health , research , innovation and educational infrastructure ; investment in the development of endogenous potential through fixed investment in equipment and small - scale infrastructure ; including small - scale cultural and sustainable tourism infrastructure , services to enterprises , support to research and innovation bodies and investment in technology and applied research in enterprises ; networking , cooperation and exchange of experience between competent regional , local , urban and other public authorities , economic and social partners , and bodies representing civil society referred to in article 5 of the cpr , studies , preparatory actions and capacity building .


### the erdf should contribute to the europe 2020 strategy , thus ensuring greater concentration of erdf support on the priorities of the union . according to the category of regions supported , the support from the erdf should be concentrated on research and innovation , small and medium - sized enterprises and climate change mitigation . the degree of concentration should take into account the level of development of the region as well as the specific needs of regions whose gdp per capita for the 2007 - 13 period was less than 75% of the average gdp of the eu - 25 for the reference period . ### the erdf should contribute to the europe 2020 strategy for smart , sustainable and inclusive growth , thus ensuring greater concentration of erdf support on the priorities of the union . according to the category of regions supported , the support from the erdf under the investment for growth and jobs goal should be concentrated on research and innovation , information and communication technologies , small and medium - sized enterprises and promoting a low carbon economy . this concentration should be attained at national level allowing for flexibility at the level of operational programmes and in different categories of regions and should be adjusted , if appropriate , to take into account cohesion fund resources allocated to supporting the investment priorities referred to in article 3 of regulation no [ . . . ] / 2013 [ cf ] . the degree of concentration should take into account the level of development of the region , the contribution of cohesion fund resources if applicable , as well as the specific needs of regions whose gdp per capita for the 2007 - 13 period was less than 75% of the average gdp of the eu - 25 for the reference period , regions designated with the phasing - out status in the 2007 - 2013 period and certain nuts 2 level regions consisting solely of island member states or of islands .


### enhancing institutional capacity and an efficient public administration by strengthening of institutional capacity and the efficiency of public administrations and public services related to implementation of the erdf , and in support of actions in institutional capacity and in the efficiency of public administration supported by the esf . ### enhancing institutional capacity and an efficient public administration by strengthening of institutional capacity and the efficiency of public administrations and public services , and in support of actions in institutional capacity and in the efficiency of public administration .


### promoting sustainable transport and removing bottlenecks in key network infrastructures : supporting a multimodal single european transport area by investing in the trans - european transport network network ; enhancing regional mobility through connecting secondary and tertiary nodes to ten - t infrastructure ; developing environment - friendly and low - carbon transport systems and promoting sustainable urban mobility ; developing comprehensive , high quality and interoperable railway system ; ### promoting sustainable transport and removing bottlenecks in key network infrastructures through : supporting a multimodal single european transport area by investing in the trans - european transport network network ; enhancing regional mobility through connecting secondary and tertiary nodes to ten - t infrastructure , including multimodal nodes ; developing and improving environment - friendly , and low - carbon transport systems including inland waterways and maritime transport , ports , multimodal links and airport infrastructure , in order to promote sustainable regional and local mobility ; developing and rehabilitating comprehensive , high quality and interoperable railway system , and promoting noise - reduction measures ; improving energy efficiency and security of supply through the development of smart energy distribution , storage and transmission systems and through the integration of distributed generation from renewable sources ;


### enhancing the competitiveness of smes : promoting entrepreneurship , in particular by facilitating the economic exploitation of new ideas and fostering the creation of new firms ; developing new business models for smes , in particular for internationalisation ; ### enhancing the competitiveness of smes through : promoting entrepreneurship , in particular by facilitating the economic exploitation of new ideas and fostering the creation of new firms , including through business incubators ; developing and implementing new business models for smes , in particular for internationalisation ; supporting the creation and the extension of advanced capacities for product and service development ; supporting the capacity of smes to engage in growth in regional , national and international markets , and in innovation processes ;


### the erdf shall contribute to the financing of support which aims to reinforce economic , social and territorial cohesion by redressing the main regional imbalances through support for the development and structural adjustment of regional economies , including the conversion of declining industrial regions and regions lagging behind . ### the erdf shall contribute to the financing of support which aims to reinforce economic , social and territorial cohesion by redressing the main regional imbalances through support for the sustainable development and structural adjustment of regional economies , including the conversion of declining industrial regions and regions lagging behind .


### promoting low - carbon strategies for urban areas ; ### promoting climate compatible and energy - saving strategies for mountain areas ;


### freight transport services and start - up aid for transport services ; ### passenger and freight transport services and start - up , development and improvement aid for transport services ;


### protecting the environment and promoting resource efficiency : addressing the significant needs for investment in the waste sector to meet the requirements of the environmental acquis ; addressing the significant needs for investment in the water sector to meet the requirements of the environmental acquis ; protecting , promoting and developing cultural heritage ; protecting biodiversity , soil protection and promoting ecosystem services including natura 2000 and green infrastructures ; action to improve the urban environment , including regeneration of brownfield sites and reduction of air pollution ; ### protecting the environment and promoting resource efficiency through : investing in the waste sector to meet the requirements of the union ' s environmental acquis and to address needs , identified by member states , for investment going beyond those requirements ; investing in the water sector to meet the requirements of the union ' s environmental acquis and to address needs , identified by member states , for investment going beyond those requirements ; conserving , protecting , promoting and developing natural and cultural heritage ; protecting and restoring biodiversity , soil protection and restoration and promoting ecosystem services including natura 2000 and green infrastructures ; action to improve the urban environment , revitalisation of cities , regeneration and decontamination of brownfield sites , reduction of air pollution and promotion of noise - reduction measures ; promoting innovative technologies to improve environmental protection and resource efficiency in the waste sector , water sector , soil protection or to reduce air pollution ; supporting industrial transition towards a resource - efficient economy , promoting green growth , eco - innovation and environmental performance management in the public and private sectors ;


### article 9 innovative actions in the field of sustainable urban development at the initiative of the commission , the erdf may support innovative actions in the field of sustainable urban development , subject to a ceiling of 0 , 2% of the total annual erdf allocation . they shall include studies and pilot projects to identify or test new solutions to issues relating to sustainable urban development which are of relevance at union level . 2 . by derogation to article 4 above , innovative actions may support all activities necessary to achieve the thematic objectives set out in article 9 of regulation no [ … ] / 2012 [ cpr ] and corresponding investment priorities . 3 . the commission shall adopt delegated acts in accordance with article 13 concerning procedures for the selection and implementation of innovative actions . ### article 8 innovative actions in the field of sustainable urban development at the initiative of the commission , the erdf may support innovative actions in the field of sustainable urban development in accordance with article 84 of regulation no [ . . . ] / 2013 [ cpr ] . they shall include studies and pilot projects to identify or test new solutions to issues relating to sustainable urban development which are of relevance at union level . the commission shall encourage the involvement of relevant partners from the categories referred to in article 5 of regulation no [ &#8230 ; ] / 2013 [ cpr ] in the preparation and implementation of innovative actions . 2 . by derogation to article 4 of this regulation , innovative actions may support all activities necessary to achieve the thematic objectives set out in article 9 of regulation no [ … ] / 2012 [ cpr ] and corresponding investment priorities . 3 . the commission shall be empowered to adopt delegated acts in accordance with article 13 , laying down detailed rules concerning the principles for the selection and implementation of innovative actions to be supported , the responsibilities of the relevant bodies involved and arrangement for monitoring , reporting , evaluation , management and control .


### promoting social inclusion and combating poverty : ### promoting social inclusion , integration of marginalised communities such as the roma and combating poverty :


### supporting energy efficiency and renewable energy use in public infrastructures and in the housing sector ; ### supporting and promoting energy efficiency and renewable energy use in public infrastructure , particularly in public buildings and in the housing sector ;


### financing under this article shall not be used to support : operations involving products falling within annex i to the treaty ; aids to transport of persons authorised under article 107 of the treaty ; tax exemptions and exemption of social charges . ### financing under this article shall not be used to support : operations involving products falling within annex i to the treaty on the functioning of the european union ; aids to transport of persons authorised under article 107 of the treaty on the functioning of the european union ; tax exemptions and exemption of social charges .