### administrative cooperation and mutual assistance between the member states should comply with the rules on the protection of personal data laid down in directive 95 / 46 / ec , and with regard to administrative cooperation through the internal market information system , it should also comply with regulation no 45 / 2001 of the european parliament and of the council of 18 december 2000 on the protection of individuals with regard to the processing of personal data by the eu institutions and bodies and on the free movement of such data and regulation xxx on administrative cooperation through the internal market information system . ### administrative cooperation and prompt and far - reaching mutual assistance between the member states should comply with the rules on the protection of personal data laid down in directive 95 / 46 / ec , and with regard to administrative cooperation through the internal market information system , it should also comply with regulation no 45 / 2001 of the european parliament and of the council of 18 december 2000 on the protection of individuals with regard to the processing of personal data by the eu institutions and bodies and on the free movement of such data and regulation xxx on administrative cooperation through the internal market information system .


### national labour inspectorates , social partners and other monitoring bodies are of paramount importance in this respect and should continue to play a crucial role . ### national labour inspectorates , social partners and other monitoring bodies are of paramount importance in this respect and should continue to play a crucial role . the work of the supervisory authority must not be hampered in any way whatsoever .


### member states ' inspection authorities and other relevant monitoring and enforcement bodies should avail themselves of the cooperation and exchange of information provided for in the relevant legislation in order to verify whether the rules applicable to posted workers have been respected . ### member states ' inspection authorities and other relevant national monitoring and enforcement bodies should avail themselves of the cooperation and exchange of information provided for in the relevant legislation in order to verify whether the rules applicable to posted workers have been respected .


### member states are particularly encouraged to introduce a more integrated approach to labour inspections . the need to develop common standards in order to establish comparable methods , practices and minimum standards at union level should equally be examined . ### member states are particularly encouraged to introduce a more integrated approach to labour inspections . the need to develop common standards in order to establish comparable methods , practices and minimum standards at union level should equally be examined . however , the development of common standards must not cause member states to be hampered in their efforts to combat undeclared employment effectively .


### member states are particularly encouraged to introduce a more integrated approach to labour inspections . the need to develop common standards in order to establish comparable methods , practices and minimum standards at union level should equally be examined . ### member states are particularly encouraged to introduce a more integrated approach to labour inspections . there is also a need to develop common standards in order to establish comparable methods , practices and minimum standards at union level .


### effective enforcement of the substantive rules governing the posting of workers for the provision of services should be ensured by specific action focusing on the cross - border enforcement of imposed administrative fines and penalties . approximation of the legislation of the member states in this field is therefore an essential prerequisite in order to ensure a higher , more equivalent and comparable level of protection necessary for the proper functioning of the internal market . ### effective enforcement of the substantive rules governing the posting of workers for the provision of services should be ensured by specific action focusing on the cross - border enforcement of imposed administrative fines and penalties .


### this directive shall not affect in any way the exercise of fundamental rights as recognised in member states and by union law , including the right or freedom to strike or to take other action covered by the specific industrial relations systems in member states , in accordance with national law and practices . nor does it affect the right to negotiate , conclude and enforce collective agreements and to take collective action in accordance with national law and practices . ### this directive shall not affect in any way the exercise of control and inspection activities by the member states with a view to ensuring compliance with minimum terms and conditions of employment and combating undeclared employment ; neither shall it affect in any way the exercise of fundamental rights as recognised in member states and by union law , including the right or freedom to strike or to take other action covered by the specific industrial relations systems in member states , in accordance with national law and practices . nor does it affect the right to negotiate , conclude and enforce collective agreements and to take collective action in accordance with national law and practices .


### ' competent authority ' means an authority designated by a member state to perform functions under this directive ; ### ' competent authority ' means public authorities of a member state designated by this member state to perform functions under this directive ;


### ‘ requested authority’ means the competent authority of a member state to which a request for assistance , information , notification or recovery is made . ### ‘ requested authority ' means the competent authority of a member state to which a request for assistance , information , notification or recovery is made , as referred to in chapter vi .


### in order to assess whether a posted worker temporarily carries out his or her work in a member state other than the one in which he or she normally works , all factual elements characterising such work and the situation of the worker shall be examined . ### in order to assess whether a posted worker temporarily carries out his or her work in a member state other than the one in which he or she normally works , factual elements characterising such work and the situation of the worker shall be examined .


### member states shall take the appropriate measures to ensure that the information on the terms and conditions of employment referred to in article 3 of directive 96 / 71 / ec which are to be applied and complied with by service providers are made generally available in a clear , comprehensive and easily accessible way at a distance and by electronic means , in formats and by web standards that ensure access to persons with disabilities and to ensure that the liaison offices or the other competent national bodies referred to in article 4 of directive 96 / 71 / ec are in a position to carry out their tasks effectively . ### member states shall take the appropriate measures to ensure that the information on the terms and conditions of employment referred to in article 3 of directive 96 / 71 / ec which are to be applied and complied with by service providers are made generally available in a clear , comprehensive and easily accessible way at a distance and by electronic means , in formats and by web standards that ensure access to persons with disabilities and to ensure that the liaison offices or the other competent national bodies referred to in article 4 of directive 96 / 71 / ec are in a position to carry out their tasks effectively . the service provider ' s or worker ' s member state of origin shall have this information on terms and conditions of employment translated into the language of the service provider or worker concerned .


### make the information available to workers and service providers in languages other than the national language of the country in which the services are provided , if possible in summarised leaflet form indicating the main labour conditions applicable and upon requests in formats accessible to persons with disabilities ; ### make the information available to workers and service providers in languages other than the national language of the country in which the services are provided , if possible in summarised leaflet form indicating the main labour conditions applicable and upon requests in formats accessible to persons with disabilities , and specifying the competent authority which the posted worker may apply to in cases of non - compliance with the relevant legislation ;


### indicate clearly , in a detailed and user friendly manner and accessible format on national websites which terms and conditions of employment and / or which parts of their legislation have to be applied to workers posted to their territory ; ### indicate clearly , in a detailed and user - friendly manner and in an accessible format on a single official national website , which terms and conditions of employment and / or which parts of their legislation have to be applied to workers posted to their territory ;


### improve the accessibility of the information and clarity of the information provided on national websites ; ### improve the accessibility and clarity of the information , especially that provided on a single official national website referred to in point a ) , systematically updating it ;


### member states shall take the appropriate measures to ensure that the information on the terms and conditions of employment referred to in article 3 of directive 96 / 71 / ec which are to be applied and complied with by service providers are made generally available in a clear , comprehensive and easily accessible way at a distance and by electronic means , in formats and by web standards that ensure access to persons with disabilities and to ensure that the liaison offices or the other competent national bodies referred to in article 4 of directive 96 / 71 / ec are in a position to carry out their tasks effectively . ### member states shall take the appropriate measures to ensure that the information on the terms and conditions of employment referred to in article 3 of directive 96 / 71 / ec which are to be applied and complied with by service providers , including those laid down in collective agreements , are made generally available free of charge and in a clear , comprehensive and easily accessible way at a distance and by electronic means , in formats and by web standards that ensure access to persons with disabilities and to ensure that the liaison offices or the other competent national bodies referred to in article 4 of directive 96 / 71 / ec are in a position to carry out their tasks effectively .


### member states shall work in close cooperation and provide each other mutual assistance in order to facilitate the implementation , application and enforcement in practice of this directive . ### member states shall work in close cooperation and provide each other mutual assistance as swiftly as possible in order to facilitate the implementation , application and enforcement in practice of this directive .


### for the purpose of responding to a request for assistance from competent authorities in another member state , member states shall ensure that service providers established in their territory supply their competent authorities with all the information necessary for supervising their activities in compliance with their national laws . ### for the purpose of responding to a request for assistance from competent authorities in another member state , member states shall rapidly ensure that service providers established in their territory supply their competent authorities with all the information necessary for supervising their activities in compliance with their national laws .


### member states shall ensure the confidentiality of the information which they exchange . information exchanged shall be used only in respect of the matter for which it was requested . ### member states shall ensure strict confidentiality of the information which they exchange . information exchanged shall be used exclusively in respect of the matter for which it was requested .


### if information is needed in the course of the inspections and in the light of the criteria in article 3 , the member state where the service is provided and the member state of establishment shall act in accordance with the rules on administrative cooperation , i . e . the competent authorities shall cooperate pursuant to the rules and principles laid down in articles 6 and 7 . ### if information is needed in the course of the inspections and in the light of the criteria in article 3 , the member state where the service is provided and the member state of establishment shall act in accordance with the rules on administrative cooperation , i . e . the competent authorities shall cooperate pursuant to the rules and principles laid down in articles 6 and 7 of the enforcement directive .


### in member states where , in accordance with national law and practice , the setting of the terms and conditions of employment of posted workers referred to in article 3 of directive 96 / 71 / ec , and in particular the minimum rates of pay , including working time , is left to management and labour they may , at the appropriate level and subject to the conditions laid down by the member states , also the monitor the application of the relevant terms and conditions of employment of posted workers , provided that an adequate level of protection equivalent to that resulting from directive 96 / 71 / ec and this directive is guaranteed . ### in member states where the national regulations and jurisprudence regarding employment terms and conditions of posted workers , as referred to in article 3 of directive 96 / 71 / ec , particularly the minimum rates of pay and working time , are left to bilateral negotiations between the employer and the employee , both negotiating parties may monitor the application of the relevant terms and conditions of employment of posted workers in accordance with the existing legal national provisions , only if they can guarantee the compliance with the rights and obligations derived from the current directive as well as directive 96 / 71 / ec . in this light , the application of the subsidiarity and proportionality principles are relevant for the warranty of efficient implementation of the directives into the national provisions of the member states .


### in member states where , in accordance with national law and practice , the setting of the terms and conditions of employment of posted workers referred to in article 3 of directive 96 / 71 / ec , and in particular the minimum rates of pay , including working time , is left to management and labour they may , at the appropriate level and subject to the conditions laid down by the member states , also the monitor the application of the relevant terms and conditions of employment of posted workers , provided that an adequate level of protection equivalent to that resulting from directive 96 / 71 / ec and this directive is guaranteed . ### in member states where , in accordance with national law and practice , the setting of the terms and conditions of employment of posted workers referred to in article 3 of the enforcement directive , and in particular the minimum rates of pay , including working time , is left to management and labour they may , at the appropriate level and subject to the conditions laid down by the member states , also the monitor the application of the relevant terms and conditions of employment of posted workers , provided that an adequate level of protection equivalent to that resulting from directive 96 / 71 / ec and this directive is guaranteed .


### member states where labour inspectorates have no competence with respect to the control and monitoring of the working conditions and / or terms and conditions of employment of posted workers may , by way of exception , after consulting the social partners at national level , establish or maintain arrangements guaranteeing the respect of these terms and conditions of employment , provided that the arrangements offer the persons concerned an adequate degree of protection equivalent to that resulting from directive 96 / 71 / ec and this directive . ### member states where labour inspectorates have no competence with respect to the control and monitoring of the working conditions and / or terms and conditions of employment of posted workers may , by way of exception , after consulting the social partners at national level , establish or maintain arrangements guaranteeing the respect of these terms and conditions of employment , provided that the arrangements offer the persons concerned an adequate degree of protection equivalent to that resulting from directive 96 / 71 / ec and this directive and provided that they are not discriminatory and / or disproportionate as specified in article 10 of this directive .


### the requested authority shall remit to the requesting authority the amounts recovered with respect to the fines or penalties referred to in this chapter . ### the amounts recovered with respect to the penalties and / or fines referred to in this chapter shall remain at the requested authority .


### the commission shall examine the notification taking into account the number of member states affected by any of the situations described in paragraph 1 and the overall impact of the increases on the migratory situation in the union as the latter appears from the data provided by the member states as well as from reports prepared by frontex and / or the european asylum support office , and , within three months following receipt thereof , the commission may adopt an implementing decision suspending the exemption of visa requirement for the nationals of the third country concerned for a period of six months . the implementing decision shall be adopted in accordance with the procedure referred to in article 4a . the implementing decision shall determine the date on which the suspension of the exemption of visa requirement is to take effect . ### the commission shall examine the notification taking into account the number of member states affected by any of the situations described in paragraph 1 and the overall impact of the increases on the migratory situation in the union as the latter appears from the data provided by the member states as well as from reports prepared by frontex and / or the european asylum support office . the commission shall also take into account the impact of a possible reintroduction of the visa requirement on the union policies and standing towards the third country concerned and its neighbouring region , on the basis of a report by the european external action service . within three months following receipt of the notification , the commission may adopt an implementing decision suspending the exemption of visa requirement for the nationals of the third country concerned for a period of six months . the implementing decision shall be adopted in accordance with the procedure referred to in article 4a . the implementing decision shall determine the date on which the suspension of the exemption of visa requirement is to take effect .


### 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 . in accordance with article 174 of the treaty , the erdf contributes 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 handicaps such as island , cross - border and mountain regions . ### article&#160 ; 176 of the treaty provides that the european regional development fund is intended to help to redress the main regional imbalances in the union . in accordance with article&#160 ; 174 of the treaty , the erdf contributes 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 handicaps such as island , cross - border and mountain regions , as well as the outermost regions , according to article &#160 ; 349 of the treaty


### cross - border cooperation should aim to tackle common challenges identified jointly in the border regions and exploit the untapped potentials in the border area , while enhancing the cooperation process for the purpose of the overall harmonious development of the union . in the case of any cross - border programme between northern ireland and the border counties of ireland in support of peace and reconciliation , the erdf shall also contribute to promoting social and economic stability in the regions concerned , notably by actions to promote cohesion between communities . ### cross - border cooperation should aim to tackle common challenges identified jointly in the border regions and exploit the untapped potentials in the border area , while enhancing the cooperation process for the purpose of the overall harmonious development of the union . in the case of cross - border programmes , for example between northern ireland and the border counties of ireland , in support of peace and reconciliation , the erdf shall also contribute to promoting social and economic stability in the regions concerned , notably by actions to promote cohesion between communities .


### cross - border cooperation should aim to tackle common challenges identified jointly in the border regions and exploit the untapped potentials in the border area , while enhancing the cooperation process for the purpose of the overall harmonious development of the union . in the case of any cross - border programme between northern ireland and the border counties of ireland in support of peace and reconciliation , the erdf shall also contribute to promoting social and economic stability in the regions concerned , notably by actions to promote cohesion between communities . ### cross - border cooperation should aim to tackle common challenges identified jointly in the border regions and exploit the untapped potential in the border area , while enhancing the cooperation process for the purpose of the overall harmonious development of the union and stressing in particular the european added value of the macro - regions . in the case of any cross - border programme between northern ireland and the border counties of ireland in support of peace and reconciliation , the erdf shall also contribute to promoting social and economic stability in the regions concerned , notably by actions to promote cohesion between communities .


### interregional cooperation should aim to reinforce the effectiveness of cohesion policy by encouraging exchange of experience between regions to enhance design and implementation of operational programmes under the investment for growth and jobs goal . it should , in particular , foster cooperation between innovative research - intensive clusters and exchanges between researchers and research institutions , based on ‘ regions of knowledge’ and ‘ research potential in convergence and outermost regions’ under the seventh framework programme for research . ### interregional cooperation should aim to reinforce the effectiveness of cohesion policy by encouraging exchange of experience between regions to enhance design and implementation of operational programmes under the investment for growth and jobs goal . it should , in particular , foster cooperation between innovative research - intensive clusters and exchanges between researchers and research institutions , based on ‘ regions of knowledge’ and ‘ research potential in convergence and outermost regions’ under the seventh framework programme for research . this cooperation should involve linking up excellent research centres to emerging research institutions in less developed regions , twinning of staff exchanges , expert advice and assistance , as well as development of joint strategies for the establishment of centres of excellence in the respective less developed regions .


### cross - border cooperation should support regions located on land or sea borders . based on experience from previous programming periods , the commission should be empowered to define the list of cross - border areas to receive support under crossborder cooperation programmes in a simpler way , by cooperation programme . in drawing up that list , the commission should take into account adjustments needed to ensure coherence , in particular on land and maritime borders , and continuity of programme areas established for the 2007 - 2013 programming period . these adjustments may reduce or enlarge existing programme areas or the number of crossborder cooperation programmes , but may allow for geographical overlap . ### cross - border cooperation should support regions located on land or sea borders . based on experience from previous programming periods , the commission should be empowered to define the list of cross - border areas to receive support under crossborder cooperation programmes in a simpler way , by cooperation programme . in drawing up that list , the commission should take into account adjustments needed to ensure coherence , in particular on land and maritime borders , and continuity of programme areas established for the 2007 - 2013 programming period . these adjustments may reduce or enlarge existing programme areas , particularly to enable the cooperation of the maritime territories that make up the external borders of the union , or the number of crossborder cooperation programmes , but may allow for geographical overlap .


### cross - border cooperation should support regions located on land or sea borders . based on experience from previous programming periods , the commission should be empowered to define the list of cross - border areas to receive support under cross - border cooperation programmes in a simpler way , by cooperation programme . in drawing up that list , the commission should take into account adjustments needed to ensure coherence , in particular on land and maritime borders , and continuity of programme areas established for the 2007 - 2013 programming period . these adjustments may reduce or enlarge existing programme areas or the number of cross - border cooperation programmes , but may allow for geographical overlap . ### cross - border cooperation should support regions located on land or sea borders . based on experience from previous programming periods , the commission should be empowered to define the list of cross - border areas to receive support under cross - border cooperation programmes in a simpler way , by cooperation programme , and which can include the largest possible number of regions . in drawing up that list , the commission should take into account adjustments needed to ensure coherence , in particular on land and maritime borders , and continuity of programme areas established for the 2007 - 2013 programming period . these adjustments may reduce or enlarge existing programme areas or the number of cross - border cooperation programmes , but may allow for geographical overlap . to enable the outermost regions to participate in the cross - border cooperation programmes , the maximum distance criterion should not be applied as this will exclude these countries from the cross - border strands of territorial cooperation .


### it is necessary to continue supporting or – where needed – to establish cross - border , transnational and interregional cooperation with the union ' s neighbouring third countries , as this will benefit the regions of the member states which border third countries . to that effect , the erdf will contribute to the cross - border and sea basin programmes established under the european neighbourhood instrument pursuant to regulation no [ … ] / 2012 and the instrument for pre - accession pursuant to regulation no [ … ] / 2012 ### it is necessary to continue supporting or – where needed – to establish cross - border , transnational and interregional cooperation with the union ' s neighbouring third countries , as this will benefit the regions of the member states which border third countries . to that effect , the erdf will contribute to the cross - border and sea basin programmes established under the european neighbourhood instrument pursuant to regulation no [ … ] / 2012 and the instrument for pre - accession pursuant to regulation no [ … ] / 2012 and the transnational cooperation programmes may also cover regions from third countries covered by these external financial instruments of the union .


### it is necessary to continue supporting or – where needed – to establish cross - border , transnational and interregional cooperation with the union ' s neighbouring third countries , as this will benefit the regions of the member states which border third countries . to that effect , the erdf will contribute to the cross - border and sea basin programmes established under the european neighbourhood instrument pursuant to regulation no [ … ] / 2012 and the instrument for pre - accession pursuant to regulation no [ … ] / 2012 . ### it is necessary to continue supporting or – where needed – to establish cross - border , transnational and interregional cooperation with the union ' s neighbouring third countries , as this will benefit the regions of the member states which border third countries . to that effect , the erdf will contribute to the cross - border and sea basin programmes established under the european neighbourhood instrument pursuant to regulation no [ … ] / 2012 and the instrument for pre - accession pursuant to regulation no [ … ] / 2012 . where there is a clear benefit for a cooperation project supported under inter regional cooperation , regions from other third countries may also be involved .


### for the benefit of the regions of the union , a mechanism to organise support from the erdf to external policy instruments such as eni and ipa should be set up , including where external cooperation programmes cannot be adopted or have to be discontinued . ### for the benefit of the regions of the union , a mechanism to organise support from the erdf to external policy instruments such as eni , edf and ipa should be set up , including where external cooperation programmes cannot be adopted or have to be discontinued .


### it is necessary to fix the resources allocated to each of the different components of the european territorial cooperation goal , while maintaining a significant concentration on cross - border cooperation and securing sufficient funding levels for outermost regions cooperation . . ### it is necessary to fix the resources allocated to each of the different components of the european territorial cooperation goal , while maintaining a significant concentration on cross - border cooperation and securing a high level of participation and sufficient funding levels for cooperation between outermost regions .


### in order to deliver on the targets and objectives of smart , sustainable and inclusive growth set out in the europe 2020 strategy , the erdf should contribute under the european territorial cooperation goal to the thematic objectives of developing an economy based on knowledge , research and innovation , promoting a greener , more resource - efficient and competitive economy , fostering high employment that delivers social and territorial cohesion , and developing administrative capacity . however , the list of the investment priorities under the different thematic objectives should be adapted to the specific needs of the european territorial cooperation goal , in particular by allowing for the continuation under cross - border cooperation of legal and administrative cooperation and cooperation between citizens and institutions , of cooperation in the fields of employment , training and social inclusion in a cross - border perspective , by allowing for the continuation under transnational cooperation of maritime cross - border cooperation not covered by cross - border cooperation programmes , and by the development and implementation of macro - regional and seabasin strategies . ### in order to deliver on the targets and objectives of smart , sustainable and inclusive growth set out in the europe 2020 strategy , the erdf should contribute under the european territorial cooperation goal to the thematic objectives of developing an economy based on knowledge , research and innovation , promoting a greener , more resource - efficient and competitive economy , fostering high employment that delivers social and territorial cohesion , and developing administrative capacity . however , the list of the investment priorities under the different thematic objectives should be adapted to the specific needs of the european territorial cooperation goal , in particular by allowing for the continuation under cross - border cooperation of legal and administrative cooperation and cooperation between citizens and institutions , of cooperation in the fields of employment , training and social inclusion in a cross - border perspective , by allowing for the continuation under transnational cooperation of maritime cross - border cooperation and cross - border cooperation between regions not covered by cross - border cooperation programmes , and by the development and implementation of macro - regional and seabasin strategies .


### based on the experience from the 2007 - 13 programming period , the conditions for the selection of operations shoul d be clarified and strengthened in order to ensure selection of only genuinely joint operations . the notion of sole beneficiaries should be defined and it should be clarified that they are permitted to carry out cooperation operations by themselves . ### based on the experience from the 2007 - 13 programming period , the conditions for the selection of operations shoul d be clarified and strengthened in order to ensure selection of only genuinely joint operations . furthermore , an adapted approach should take into consideration the specific context of cooperation with third countries . the notion of sole beneficiaries should be defined and it should be clarified that they are permitted to carry out cooperation operations by themselves .


### due to the involvement of more than one member state and the resulting higher administrative costs , in particular in respect of controls and translation , the ceiling for technical assistance expenditure should be higher than under the investment for growth and jobs goal . in addition , cooperation programmes with limited erdf support should receive a certain minimum amount to ensure sufficient funding for effective technical assistance activities . ### due to the involvement of more than one member state and the resulting higher administrative costs , in particular in respect of controls and translation , member states should be encouraged to reduce administrative burdens with regard implementation of joint projects , and the ceiling for technical assistance expenditure should be higher than under the investment for growth and jobs goal . in addition , cooperation programmes with limited erdf support should receive a certain minimum amount to ensure sufficient funding for effective technical assistance activities .


### member states should be encouraged to confer the task of the managing authority on an egtc or to make such a grouping responsible for managing the part of a cooperation programme covering the territory concerned by the egtc . ### member states should be encouraged to confer the task of the managing authority on an egtc or to make such a grouping responsible for managing the part of a cooperation programme covering the territory concerned by the egtc . they should assess whether the goals of a cooperation programme would be better attained by establishing an egtc . where they do not intend to establish an egtc as the managing authority in a cooperation programme , a summary of their reasons for not doing so should be provided within the cooperation programme .


### for cross - border cooperation , the regions to be supported shall be the nuts level 3 regions of the union along all internal and external land borders other than those covered by programmes under the external financial instruments of the union , and all nuts level 3 regions of the union along maritime borders separated by a maximum of 150 km , without prejudice to potential adjustments needed to ensure the coherence and continuity of cooperation programme areas established for the 2007 - 2013 programming period . ### for cross - border cooperation , the regions to be supported shall be the nuts level 3 regions of the union along all internal and external land borders other than those covered by programmes under the external financial instruments of the union , and all nuts level 3 regions of the union along maritime borders , without prejudice to potential adjustments needed to ensure the coherence and continuity of cooperation programme areas established for the 2007 - 2013 programming period .


### for cross - border cooperation , the regions to be supported shall be the nuts level 3 regions of the union along all internal and external land borders other than those covered by programmes under the external financial instruments of the union , and all nuts level 3 regions of the union along maritime borders separated by a maximum of 150 km , without prejudice to potential adjustments needed to ensure the coherence and continuity of cooperation programme areas established for the 2007 - 2013 programming period . ### for cross - border cooperation , the regions to be supported shall be the nuts level 3 regions of the union along all internal and external land borders no 1080 / 2006 of the european parliament and of the council of 5 july 2006 on the european regional development fund ) other than those covered by programmes under the external financial instruments of the union , and all nuts level 3 regions of the union along maritime borders separated by a maximum of 150 km , without prejudice to potential adjustments needed to ensure the coherence and continuity of cooperation programme areas established for the 2007 - 2013 programming period .


### without prejudice to article 19 and , cross - border cooperation programmes may cover regions from norway , switzerland , liechtenstein , andorra , monaco and san marino and third countries or territories neighbouring outermost regions . ### without prejudice to article 19 and , cross - border cooperation programmes may cover regions from norway , switzerland , liechtenstein , andorra , monaco and san marino and third countries or territories neighbouring outermost regions . the abovementioned countries must contribute to the programme they take part in . this contribution is included in the financing plan referred to in article 7 , paragraph 2 , point f ) . for third countries or territories neighbouring outermost regions , this contribution is optional and is not a requirement for their participation .


### the mechanisms that ensure coordination between the funds , the eafrd , the emff and other union and national funding instruments and with the european investment bank ; ### the mechanisms that ensure coordination between the funds , the eafrd , the cef , the emff and other union and national funding instruments and with the european investment bank ;


### a table specifying , for the whole programming period , for the cooperation programme and for each priority axis , the amount of the total financial appropriation of the support from the erdf and the national co - financing . where the national co - financing is made up of public and private co - financing , the table shall give the indicative breakdown between the public and the private components . it shall show , for information purposes , the envisaged participation from the eib ; ### a table specifying , for the whole programming period , for the cooperation programme , the amount of the total financial appropriation of the support from the erdf and the national co - financing . the table shall give the indicative breakdown between the priority axes . where the national co - financing is made up of public and private co - financing , the table shall give the indicative breakdown between the public and the private components . it shall show , for information purposes , any contribution from third countries participating in the programme and the envisaged participation from the eib ;


### the participating member states and third countries or territories , where applicable , shall confirm in writing their agreement to the contents of a cooperation programme prior to its submission to the commission . this agreement shall also include a commitment of all participating member states to provide the co - financing necessary to implement the cooperation programme . ### the participating member states and third countries or territories , where applicable , shall confirm in writing their agreement to the contents of a cooperation programme prior to its submission to the commission . this agreement shall also include a commitment of all participating member states to provide the co - financing necessary to implement the cooperation programme , and , where applicable , the commitment for the financial contribution of the third countries or territories .


### common indicators , as set out in the annex to this regulation , shall be used where relevant and in accordance with article 24 of regulation no . / 2012 [ cpr ] . their baselines shall be set at zero and cumulative targets shall be fixed for 2022 . ### sample common indicators , as set out in the annex to this regulation , shall be used where relevant and in accordance with article 24 of regulation no . / 2012 [ cpr ] . their baselines shall be set at zero and cumulative targets shall be fixed for 2022 .


### the commission shall be empowered to adopt delegated acts in accordance with article 29 to set additional specific rules on eligibility of expenditure for cooperation programmes . ### the commission shall be empowered to adopt delegated acts in accordance with article 29 to set additional specific rules on eligibility of expenditure for cooperation programmes . to that end , the commission shall set out the specific provisions concerning the application of rules on state aid in the context of cooperation programmes .


### for matters not covered by eligibility rules laid down in or on the basis of articles 55 to 61 of regulation no [ … ] / 2012 [ cpr ] , regulation no [ … ] / 2012 [ erdf ] or this regulation or by the monitoring committee , the national rules of the country in which the expenditure is incurred shall apply . ### for matters not covered by eligibility rules laid down in or on the basis of articles 55 to 61 of regulation no [ … ] / 2012 [ cpr ] , regulation no [ … ] / 2012 [ erdf ] or this regulation or by the monitoring committee , the national rules of the member state of the beneficiary who incurred the expenditure shall apply .


### for matters not covered by eligibility rules laid down in or on the basis of articles 55 to 61 of regulation no [ … ] / 2012 [ cpr ] , regulation no [ … ] / 2012 [ erdf ] or this regulation or by the monitoring committee , the national rules of the country in which the expenditure is incurred shall apply . ### for matters not covered by eligibility rules laid down in or on the basis of articles 55 to 61 of regulation no [ … ] / 2012 [ cpr ] , regulation no [ … ] / 2012 [ erdf ] , this regulation or on the basis thereof or by the monitoring committee , the national rules of the country in which the expenditure is incurred shall apply .


### detailed rules concerning financial management as well as programming , monitoring , evaluation and control of the participation of third countries in transnational and interregional cooperation programmes as referred to in article 3 , second sub - paragraph , and shall be established in the relevant cooperation program me and / or the relevant financing agreement between the commission , each of the third countries and the member state hosting the managing authority of the relevant cooperation programme , as appropriate . ### detailed rules concerning financial management as well as programming , monitoring , evaluation and control of the participation of third countries in cross - border , transnational and interregional cooperation programmes as referred to in article 3 , second sub - paragraph , and shall be established in the relevant cooperation program me and / or the relevant financing agreement between the commission , each of the third countries and the member state hosting the managing authority of the relevant cooperation programme , as appropriate .


### horizon 2020 should be implemented with a view to contributing directly to creating industrial leadership , growth and employment in europe and should reflect the strategic vision of the commission communication of 6 october 2010 to the european parliament , the council , the european economic and social committee and the committee of the region ‘ europe 2020 flagship initiative innovation’ whereby the commission engages to radically simplify access of participants . ### horizon 2020 should be implemented with a view to contributing directly to creating industrial leadership , growth and employment in europe and should reflect the strategic vision of the commission communication of 6 october 2010 to the european parliament , the council , the european economic and social committee and the committee of the region ‘ europe 2020 flagship initiative innovation’whereby the commission engages to radically simplify access of participants . at the same time horizon 2020 should duly take into account the need to distinguish between different types of activity and participants having differing funding needs . this can be achieved through a differentiated approach to various groups of beneficiaries as well as funding types in all stages of the implementation of this programme .


### horizon 2020 should support the achievement and functioning of the european research area in which researchers , scientific knowledge and technology circulate freely , by strengthening cooperation between the union and the member states , notably through application of a coherent set of rules . ### horizon 2020 should support the achievement and functioning of the european research area in which researchers , scientific knowledge and technology circulate freely , by strengthening cooperation between the union and the member states , notably through application of a coherent and transparent set of rules .


### these rules for the participation and dissemination should provide a coherent , comprehensive and transparent framework to ensure the most efficient implementation possible , taking into account the need for easy access by all participants , notably small and medium - sized enterprises , through simplified procedures . the financial assistance from the union could be provided through different forms . ### these rules for the participation and dissemination should provide a coherent , comprehensive and transparent framework to ensure the most efficient implementation possible , taking into account the need for easy access by all participants , notably small and medium - sized enterprises , through simplified procedures . horizon 2020 should ensure a significant decrease in bureaucratic burden for beneficiaries . thus , in compliance with the financial regulation , international accounting standards and eligibility criteria , the usual cost accounting practices of the beneficiaries should be accepted to the widest possible extent in order to reduce administrative burden . the financial assistance from the union could be provided through different forms .


### it is appropriate to establish the terms and conditions for providing union funding for participants in actions under horizon 2020 . in order to reduce the complexity of the existing funding rules and have a higher flexibility in the project implementation , a simplified cost reimbursement system should be adopted with enhanced use of lump sums , flat rates and scale of unit costs . for simplification purposes , a single reimbursement rate should be applied for each type of action with no differentiation according to the type of participant . ### it is appropriate to establish the terms and conditions for providing union funding for participants in actions under horizon 2020 . in order to reduce the complexity of the existing funding rules and have a higher flexibility in the project implementation , a simplified cost reimbursement system should be adopted with enhanced use of lump sums , flat rates and scale of unit costs .


### a proposal which contravenes ethical principles or any applicable legislation , or which does not fulfil the conditions set out in decision no xx / xx / eu [ specific programme ] , the work programme or work plan or in the call for proposals may be excluded from the evaluation , selection and award procedures at any time . ### a proposal which contravenes ethical principles or any applicable legislation , or which does not fulfil the conditions set out in decision no xx / xx / eu [ specific programme ] , the work programme or work plan or in the call for proposals shall be excluded from the evaluation , selection and award procedures .


### the labelling of concentrated fruit juice referred to in annex i , part i , point 2 , not intended for delivery to the final consumer , shall bear a reference indicating the presence and quantity of added lemon juice , lime juice or acidifying agents permitted by regulation no 1333 / 2008 of the european parliament and of the council of 16 december 2008 on food additives . this reference shall appear on the packaging , on a label attached to the packaging or on an accompanying document . ### the labelling of concentrated fruit juice referred to in annex i , part i , point 2 , not intended for delivery to the final consumer , shall bear a reference indicating the presence and quantity of added lemon juice , lime juice or acidifying agents permitted by regulation no 1333 / 2008 of the european parliament and of the council of 16 december 2008 on food additives . this reference shall appear on the packaging .


### flavour , pulp and cells obtained by suitable physical means from the same species of fruit may be restored to the juice . ### flavour and , if appropriate , pulp and cells shall be obtained by suitable physical means from the fruit juice in question or from fruit juices from the same species of fruit and restored to the fruit juice .


### the product obtained by reconstituting concentrated fruit juice defined in part i . 2 with potable water that meets the criteria of council directive 98 / 83 / ec of 3 november 1998 on the quality of water intended for human consumption* . ____________ * oj l 330 , 5 . 12 . 1998 , p . 32 . ### the product obtained by restoring to the concentrated fruit juice water extracted from that juice during concentration , and restoring the flavour , and , if appropriate , pulp and cells lost from the juice . the water added must display appropriate characteristics , particularly from the chemical , microbiological and organoleptic viewpoints , in such a way as to guarantee the essential qualities of the juice .


### they may be engaged for a maximum period of four years . contracts may be renewed more than once for a maximum period of four years for each renewal . a renewal shall be granted on condition that the secondment from the national diplomatic service is extended for the period of renewal . ### they may be engaged for a maximum period of four years . contracts may be renewed more than once for a maximum period of four years . in total , engagement should not exceed eight years . however , in exceptional circumstances and in the interest of the service , at the end of the eighth year , the contract may be extended for a maximum period of two years . a renewal shall be granted on condition that the secondment from the national diplomatic service is extended for the period of renewal .


### those provisions also ensure that the operations supported shall comply with applicable union and national laws , notably in regard to the safety of the goods that are distributed to the most deprived persons . ### those provisions also ensure that the operations supported shall comply with applicable union and national laws , notably in regard to food safety and the safety of the goods that are distributed to the most deprived persons .


### in order to set out an appropriate financial framework , the commission should establish , by means of implementing acts , an annual breakdown of global resources by member state using an objective and transparent method reflecting disparities in terms of poverty and material deprivation . ### in order to set out an appropriate financial framework , the commission should establish , by means of implementing acts , an annual breakdown of global resources by member state using an objective and transparent method reflecting disparities in terms of poverty and food and material deprivation .


### in order to set out an appropriate financial framework , the commission should establish , by means of implementing acts , an annual breakdown of global resources by member state using an objective and transparent method reflecting disparities in terms of poverty and material deprivation . ### in order to set out an appropriate financial framework , the commission should establish , by means of implementing acts , an annual breakdown of global resources by member state using an objective and transparent method reflecting disparities in terms of poverty , relative poverty and material deprivation .


### in order to set out an appropriate financial framework , the commission should establish , by means of implementing acts , an annual breakdown of global resources by member state using an objective and transparent method reflecting disparities in terms of poverty and material deprivation . ### in order to set out an appropriate financial framework , the commission should establish , by means of implementing acts , an annual breakdown of global resources by member state using an objective and transparent method taking account of different levels of development among the regions and reflecting disparities in terms of poverty and material deprivation .


### the operational programme of each member state should identify and justify the forms of material deprivation to be addressed , and describe the objectives and features of the assistance to the most deprived persons that will be provided through the support of national schemes . it should also include elements necessary to ensure effective and efficient implementation of the operational programme . ### the operational programme of each member state should identify priorities for action at regional level and justify the forms of material deprivation to be addressed , and describe the objectives and features of the assistance to the most deprived persons that will be provided through the support of national schemes . it should also include elements necessary to ensure effective and efficient implementation of the operational programme .


### the operational programme of each member state should identify and justify the forms of material deprivation to be addressed , and describe the objectives and features of the assistance to the most deprived persons that will be provided through the support of national schemes . it should also include elements necessary to ensure effective and efficient implementation of the operational programme . ### the operational programme of each member state should identify and justify the forms of food and / or material deprivation to be addressed , and describe the objectives and features of the assistance to the most deprived persons that will be provided through the support of national schemes . it should also include elements necessary to ensure effective , rapid and efficient implementation of the operational programme .


### the operational programme of each member state should identify and justify the forms of material deprivation to be addressed , and describe the objectives and features of the assistance to the most deprived persons that will be provided through the support of national schemes . it should also include elements necessary to ensure effective and efficient implementation of the operational programme . ### the operational programme of each member state should identify and justify the forms of material deprivation to be addressed , giving priority to food deprivation , and describe the objectives and features of the assistance to the most deprived persons that will be provided through the support of national schemes . it should also include elements necessary to ensure effective and efficient implementation of the operational programme .


### exchanges of experience and best practices have a significant added value and the commission should facilitate such dissemination . ### exchanges of experience and best practices have a significant added value and the commission and competent authorities in the member states should facilitate such dissemination .


### in order to improve the quality and design of each operational programme and evaluate the effectiveness and efficiency of the fund , ex ante and ex post evaluations should be conducted . those evaluations should be supplemented by surveys on the most deprived persons who have benefited from the operational programme and , if necessary , by evaluations during the programming period . the responsibilities of member states and the commission in this respect should be specified . ### in order to improve the quality and design of each operational programme and evaluate the effectiveness and efficiency of the fund , evaluations should be conducted .


### citizens have the right to know how the union’s financial resources are invested and to what effects . for the purpose of ensuring wide dissemination of information about the achievements of the fund and to ensure accessibility and transparency of funding opportunities , detailed rules about information and communication , especially in relation to the responsibilities of the member states and the beneficiaries , should be set out . ### citizens have the right to know how the union’s financial resources are invested and to what effects . for the purpose of ensuring wide dissemination of information about the achievements of the fund and to ensure accessibility and transparency of funding opportunities , detailed rules about information and communication and about the relevant responsibilities of the member states and the beneficiaries should be set out .


### citizens have the right to know how the union’s financial resources are invested and to what effects . for the purpose of ensuring wide dissemination of information about the achievements of the fund and to ensure accessibility and transparency of funding opportunities , detailed rules about information and communication , especially in relation to the responsibilities of the member states and the beneficiaries , should be set out . ### citizens have the right to know how the union’s financial resources are invested and to what effects . for the purpose of ensuring wide publicity and dissemination of information about the achievements of the fund and to ensure accessibility and transparency of funding opportunities , simple rules about information , communication and publicity , especially in relation to the responsibilities of the member states and the beneficiaries , should be set out .


### uniform and equitable rules on the eligibility period , operations and expenditures for the fund should be applied across the union . the conditions of eligibility should reflect the specific nature of the fund’s objectives and target populations , notably through adequate conditions of eligibility of the operations as well as forms of support and rules and conditions of reimbursement . ### simple , uniform and equitable rules on the eligibility period , operations and expenditures for the fund should be applied across the union . the conditions of eligibility should reflect the specific nature of the fund’s objectives and target populations , notably through simple and adequate conditions of eligibility of the operations as well as forms of support and rules and conditions of reimbursement .


### [ proposal for a ] regulation of the european parliament and of the council establishing a common organisation of the markets in agricultural products provides that products bought under public intervention may be disposed of by making them available for the scheme for food distribution to the most deprived in the union if that scheme so provides . given that , depending on the circumstances , obtaining of food from the use , processing or sale of such stocks might be economically the most favourable option , it is appropriate to provide for such a possibility in this regulation . the amounts derived from a transaction concerning the stocks should be used for the benefit of the most deprived , and should not be applied so as to diminish the obligation of the member states to co - finance the programme . in order to ensure the most efficient possible use of the intervention stocks and the proceeds thereof , the commission should in accordance with article 19 of the regulation no [ cmo ] adopt implementing acts establishing procedures by which the products in intervention stocks may be used , processed or sold for the purposes of the most deprived programme . ### [ proposal for a ] regulation of the european parliament and of the council establishing a common organisation of the markets in agricultural products provides that products bought under public intervention may be disposed of by making them available for the scheme for food distribution to the most deprived in the union if that scheme so provides . given that , depending on the circumstances , obtaining of food from the use , processing or sale of such stocks might be economically the most favourable option , it is appropriate to provide for such a possibility in this regulation . the amounts derived from a transaction concerning the stocks should be used for the benefit of the most deprived , and should not be applied so as to diminish the obligation of the member states to co - finance the programme . these amounts are additional to the budget of this fund . in order to ensure the most efficient possible use of the intervention stocks and the proceeds thereof , the commission should in accordance with article 19 of the regulation no [ cmo ] adopt implementing acts establishing procedures by which the products in intervention stocks may be used , processed or sold for the purposes of the most deprived programme .


### in accordance with the principle of shared management , member states should have the primary responsibility , through their management and control system , for the implementation and control of their operational programme . ### in accordance with the principle of shared management , member states should have the primary responsibility , through their management and control system , for the implementation and control of their operational programme , while constantly seeking to improve effectiveness and reduce bureaucracy .


### ‘ intermediate body’ means any public or private body which acts under the responsibility of a managing or certifying authority , or which carries out duties on behalf of such an authority in relation to beneficiaries’ implementing operations ; ### ‘ intermediate body’ means any not - for - profit organisation or any public or private body , excluding business enterprises , which acts under the responsibility of a managing or certifying authority , or which carries out duties on behalf of such an authority in relation to beneficiaries’ implementing operations ;


### support from the fund shall be implemented in close cooperation between the commission and the member states . ### support from the fund shall be implemented by the member states in close cooperation with the commission .


### arrangements for the implementation and use of the fund , and in particular the financial and administrative resources required in relation to reporting , evaluation , management and control shall take into account the principle of proportionality having regard to the level of support allocated . ### arrangements for the implementation and use of the fund , and in particular the financial and administrative resources required in relation to reporting , evaluation , management and control shall take into account the principle of proportionality having regard to the level of support allocated and to the specific nature of the objectives .


### the commission and the member states shall ensure the effectiveness of the fund , in particular through monitoring , reporting and evaluation . ### the commission and the member states shall ensure the effectiveness of the fund at the programming stage and at the subsequent monitoring , reporting and evaluation stages .


### member states and beneficiaries shall choose the food products and the goods on the basis of objective criteria . the selection criteria for the food products , and where appropriate for goods , shall also take into consideration climatic and environmental aspects , in particular with a view to reduction of food waste . ### member states and beneficiaries shall choose the food products and the goods on the basis of objective criteria . the selection criteria for food products , and where appropriate for goods , shall also take into consideration public health and food security aims and climatic and environmental aspects , in particular with a view to reduction of food waste .


### a table specifying , for the whole programming period , the amount of the total financial appropriation in respect of support from the operational programme for each type of material deprivation addressed as well as the corresponding accompanying measures . ### a table specifying , for the whole programming period , the amount of the total financial appropriation in respect of support from the operational programme for each type of food and / or material deprivation addressed as well as the corresponding accompanying measures .


### the commission shall assess the consistency of the operational programme with this regulation and its contribution to the objectives of the fund , taking into account the ex ante evaluation carried out in accordance with article 14 . ### the commission , respecting the criteria put forward by the member states , shall assess the consistency of the operational programme with this regulation and its contribution to the objectives of the fund , taking into account the ex ante evaluation carried out in accordance with article 14 .


### the commission shall adopt the template for the annual implementation report , including the list of common indicators and for the final implementation report by means of implementing act . this implementing act shall be adopted in accordance with the advisory procedure referred to in article 60 . ### the commission shall adopt the template for the annual implementation report and for the final implementation report by means of implementing act . this implementing act shall be adopted in accordance with the advisory procedure referred to in article 60 .


### the commission may address observations to a member state concerning the implementation of the operational programme . the managing authority shall within three months inform the commission of the corrective measures taken . ### the commission may address observations to a member state concerning the implementation of the operational programme .


### at its own initiative and in close cooperation with the member states , the commission shall carry out , with the assistance of external experts , an ex - post evaluation , to assess the effectiveness and sustainability of results obtained as well as to measure the added value of the fund . this ex post evaluation shall be completed by 31 december 2023 . ### at its own initiative and in close cooperation with the member states , the commission shall carry out , with the assistance of external experts , an ex - post evaluation to assess the effectiveness of programmes in respect of barriers to their implementation , their stated aims and the results obtained as well as to measure the added value of the fund . this ex post evaluation shall be completed by 31 december 2023 .


### in processing personal data pursuant to this article , the managing authority as well as the beneficiaries and partner organisations shall comply with directive 95 / 46 / ec . ### in processing personal data pursuant to this article , the competent authority as well as the beneficiaries and partner organisations shall abide by all confidential data protection rules so as to avoid any stigmatisation and comply with directive 95 / 46 / ec .


### that material assistance shall be distributed free of charge to the most deprived persons . ### that material assistance shall normally be distributed free of charge to the most deprived persons , or sold at a price no greater than 10% of the market price and under no circumstances exceeding a level justified by the distribution costs borne by the designated organisations .


### the communication from the european commission on the european strategy for smart , sustainable and inclusive growth defines a strategy that aims to turn the union into a smart , sustainable and inclusive economy delivering high levels of employment , productivity and social cohesion . in this strategy , the commission noted that the union needs to provide more attractive framework conditions for innovation and creativity , including through incentives for the growth of knowledge based firms and greater access to finance for cultural and creative sectors . ### the communication from the european commission on the european strategy for smart , sustainable and inclusive growth defines a strategy that aims to turn the union into a smart , sustainable and inclusive economy delivering high levels of employment , productivity and social cohesion . in this strategy , the commission noted that the union needs to provide more attractive framework conditions for innovation and creativity , including through incentives for the growth of knowledge based firms and greater access to finance for cultural and creative sectors . however , the ability of cultural practitioners to operate across europe has been severely curtailed by the decrease of funding from national sources . therefore , the targets for jobs and the creative industries cannot be reached , if the funds for creative mobility and interaction across europe and beyond are not increased significantly .


### the digital shift is having a massive impact on how cultural and creative goods and services are made , disseminated , accessed , consumed and monetised . these changes offer great opportunities for the european cultural and creative sectors . lower distribution costs , new distribution channels and new opportunities for niche products can facilitate access and increase circulation worldwide . in order to seize these opportunities and adapt to the context of the digital shift and globalisation , the cultural and creative sectors need to develop new skills and require greater access to finance to upgrade equipment , develop new production and distribution methods and adapt their business models . ### the digital shift is having a massive impact on how cultural and creative goods and services are made , disseminated , accessed , consumed and monetised . these changes offer great opportunities for the european cultural and creative sectors . lower distribution costs , new distribution channels and new opportunities for niche products can facilitate access and increase circulation worldwide . in order to seize these opportunities and adapt to the context of the digital shift and globalisation , the cultural and creative sectors need to develop new skills , obtain access to better information and require greater access to finance to upgrade equipment , develop new production and distribution methods and adapt their business models .


### one of the greatest challenges of the cultural and creative sectors , especially small operators including small and medium - sized enterprises and micro - enterprises , is their difficulty accessing the funds they need to finance their activities , grow , maintain their competitiveness or internationalise . while this is a common challenge for smes in general , the situation is significantly more difficult in the cultural and creative sectors due to the intangible nature of many of their assets , the prototype profile of their activities , the lack of investment - readiness of the operators in the sectors as well as the insufficient investor - readiness of financial institutions . ### one of the greatest challenges of the cultural and creative sectors , especially small operators including small and medium - sized enterprises and micro - enterprises , is their difficulty accessing the funds they need to finance their activities in order to maintain their competitiveness and growth or internationalise . while this is a common challenge for smes in general , the situation is significantly more difficult in the cultural and creative sectors due to the intangible nature of many of their assets , the prototype profile of their activities , the lack of investment - readiness of the operators in the sectors as well as the insufficient investor - readiness of financial institutions .


### one of the greatest challenges of the cultural and creative sectors , especially small operators including small and medium - sized enterprises and micro - enterprises , is their difficulty accessing the funds they need to finance their activities , grow , maintain their competitiveness or internationalise . while this is a common challenge for smes in general , the situation is significantly more difficult in the cultural and creative sectors due to the intangible nature of many of their assets , the prototype profile of their activities , the lack of investment - readiness of the operators in the sectors as well as the insufficient investor - readiness of financial institutions . ### one of the greatest challenges of the cultural and creative sectors , especially small operators including small and medium - sized enterprises and micro - enterprises , is their difficulty accessing the funds they need to finance their activities , grow , maintain and increase their competitiveness or internationalise . while this is a common challenge for smes in general , the situation is significantly more difficult in the cultural and creative sectors due to the intangible nature of many of their assets , the prototype profile of their activities , the lack of investment - readiness of the operators in the sectors as well as the insufficient investor - readiness of financial institutions .


### participation in the programme will be open to acceding countries , candidate countries and potential candidates benefiting from a pre - accession strategy , in accordance with the general principles and general terms and conditions for the participation of those countries in union programmes established in the respective framework agreements , association council decisions or similar agreements ; to efta countries which are parties to the eea agreement and to countries of the european neighbourhood area in accordance with the procedures defined with those countries following the framework agreements providing for their participation in european union programmes . the participation of the swiss confederation is subject to specific arrangements with that country . ### participation in the programme will also be open to acceding countries , candidate countries and potential candidates benefiting from a pre - accession strategy , in accordance with the general principles and general terms and conditions for the participation of those countries in union programmes established in the respective framework agreements , association council decisions or similar agreements ; to efta countries which are parties to the eea agreement and to countries of the european neighbourhood area in accordance with the procedures defined with those countries following the framework agreements providing for their participation in european union programmes . the participation of the swiss confederation is subject to specific arrangements with that country .


### conferences , seminars and policy dialogue including in the field of cultural and media literacy ; ### conferences , seminars , training courses and policy dialogue on cultural , media and digital literacy , and film education in cooperation with , for example , universities , the radio and media organisations ;


### supporting audience building as means of stimulating interest for audiovisual works in particular through promotion , events , film literacy and festivals ; ### supporting audience building as a means of stimulating interest for audiovisual works in particular through promotion , events , film and media literacy and festivals ;


### support the development of a comprehensive offer of new skills acquisition , knowledge sharing and networking initiatives ; ### continuing training measures to support the development of a comprehensive offer of new skills acquisition , particularly through the establishment of pan - european training provision enabling those who work in the audiovisual industry to enhance their skills , especially in it , in the international market , as well as well as knowledge sharing and networking initiatives ;


### provisions concerning non - eu member states and international organisations ### participation in the programme


### the strands shall be open to the participation of the following countries provided that the conditions are met , including those contained within directive 2010 / 13 / eu of the european parliament and of the council of 10 march 2010 on the coordination of certain provisions laid down by law , regulation or administrative action in member states concerning the provision of audiovisual media services for the media strand , and additional appropriations are paid : ### the programme shall be open to the participation of the following countries : the member states and their overseas countries and territories listed in annex&#160 ; ii to the treaty on the functioning of the european union , the countries listed below , provided that the conditions are met , including those contained within directive 2010 / 13 / eu of the european parliament and of the council of 10 march 2010 on the coordination of certain provisions laid down by law , regulation or administrative action in member states concerning the provision of audiovisual media services for the media strand , and additional appropriations are paid :


### the financial envelope for implementing this programme for the period set out in article 1 is fixed at eur 1 801 000 000 . ### within the meaning of point [ 17 ] of the interinstitutional agreement of . . . / . . . . between the european parliament , the council and the commission on cooperation in budgetary matters and on sound financial management , the prime&#160 ; reference amount&#160 ; for the budgetary authority during the annual budgetary procedure in terms of the financial envelope for implementing this programme for the period set out in article 1 is fixed at eur 1 801 000 000 .


### the commission or its representatives and the court of auditors shall have the power of audit , on the basis of documents and on - the - spot , over all grant beneficiaries , contractors and subcontractors who have received union funds . the european anti - fraud office may be authorised to carry out on - the - spot checks and inspections on economic operators concerned directly or indirectly by such funding in accordance with the procedures laid down in the regulation no 2185 / 96 with a view to establishing that there has been fraud , corruption or any other illegal activity affecting the financial interests of the european union in connection with a grant agreement or decision or a contract concerning union funding . ### the commission or its representatives and the court of auditors shall have the power of audit , on the basis of documents and on - the - spot , over all grant beneficiaries , contractors and subcontractors who have received union funds . the european anti - fraud office may be authorised to carry out on - the - spot checks and inspections on economic operators concerned directly or indirectly by such funding obtained under the programme in question , in accordance with the procedures laid down in the regulation no 2185 / 96 with a view to establishing that there has been fraud , corruption or any other illegal activity affecting the financial interests of the european union in connection with a grant agreement or decision or a contract concerning union funding .


### eib activity in neighbourhood countries should take place in the framework of the european neighbourhood policy , under which the eu aims to develop a special relationship with neighbouring countries with a view to establishing an area of prosperity and good neighbourliness , founded on the values of the eu and characterised by close and peaceful relations based on co - operation . to achieve these objectives the eu and its partners implement jointly agreed bilateral action plans defining a set of priorities including on political and security issues , trade and economic matters , environmental concerns and integration of transport and energy networks . the union for the mediterranean , the eastern partnership , and the black sea synergy are multilateral and regional initiatives complementary to the european neighbourhood policy aimed at fostering co - operation between the eu and the respective group of neighbouring partner countries facing common challenges and / or sharing a common geographical environment . the union for the mediterranean supports improved socio - economic , solidarity , regional integration , sustainable development and knowledge building , underlining the need to increase financial co - operation to support regional and trans - national projects . the eastern partnership aims to create the necessary conditions to accelerate political association and further economic integration between the eu and eastern partner countries . the russian federation and the eu have a wide - ranging strategic partnership , distinct from the european neighbourhood policy and expressed through the common spaces and roadmaps . this is complemented at multilateral level by the northern dimension which provides a framework for co - operation between the eu , russia , norway and iceland . ### eib activity in neighbourhood countries should take place in the framework of the european neighbourhood policy , under which the eu aims to develop a special relationship with neighbouring countries with a view to establishing an area of prosperity and good neighbourliness , founded on the values of the eu and characterised by close and peaceful relations based on co - operation . to achieve these objectives the eu and its partners implement jointly agreed bilateral action plans defining a set of priorities including on political and security issues , trade and economic matters , environmental concerns and integration of transport and energy networks . the union for the mediterranean , the eastern partnership , and the black sea synergy are multilateral and regional initiatives complementary to the european neighbourhood policy aimed at fostering co - operation between the eu and the respective group of neighbouring partner countries facing common challenges and / or sharing a common geographical environment . the union for the mediterranean supports improved socio - economic , solidarity , regional integration , sustainable development and knowledge building , underlining the need to increase financial co - operation to support regional and trans - national projects . the eastern partnership aims to create the necessary conditions to accelerate political association and further economic integration between the eu and eastern partner countries , which cannot be achieved unless all eastern partnership countries adhere to the principles of democracy , the rule of law and the respect for human rights . therefore , the scope of the eib ' s engagement with these countries should depend on their progress in those areas . the russian federation and the eu have a wide - ranging strategic partnership , distinct from the european neighbourhood policy and expressed through the common spaces and roadmaps . this is complemented at multilateral level by the northern dimension which provides a framework for co - operation between the eu , russia , norway and iceland .


### with a view to enhancing the coherence of overall eu support in the regions concerned , opportunities should be sought to combine eib financing with eu budgetary resources when and as appropriate , in the form e . g . of guarantees , risk capital and interest rate subsidies , investment co - financing , alongside technical assistance for project preparation and implementation , through the ipa , the enpi , the instrument for stability , the eidhr and the dci . ### with a view to enhancing the coherence of overall eu support in the regions concerned , opportunities should be sought to combine eib financing with eu budgetary resources when and as appropriate , in the form e . g . of guarantees , risk capital and interest rate subsidies , investment co - financing , alongside technical assistance for project preparation and implementation , through the ipa , the enpi , the instrument for stability , the eidhr and the dci . greater integration of these financing instruments should be included in the guidelines for the renewal of the eib’s external mandate for the period 2014 - 2020 .


### article 191 of the tfeu establishes the objectives of preserving , protecting and improving the quality of the environment and creates an obligation for all union action to be supported by a high level of protection based on the precautionary principle and preventive action and to prudent and rational utilisation of natural resources . ### article 191 of the tfeu establishes the objectives of preserving , protecting and improving the quality of the environment and creates an obligation for all union action to be supported by a high level of protection based on the precautionary principle and preventive action and to prudent and rational utilisation of natural resources . according to article 191 full liability in relation to any damage caused by activities under this regulation has to respect the polluter pays principle .


### the objective of this regulation is to reduce the occurrence of major accidents related to offshore oil and gas activities and to limit their consequences , thus increasing the protection of the marine environment and coastal economies against pollution as well as establishing minimum conditions for safe offshore prospection , exploration and exploitation of oil and gas and limiting possible disruptions to union indigenous energy production and to improve the response mechanisms in case of an accident . ### the objective of this regulation is to prevent and reduce the occurrence of major accidents related to offshore oil and gas activities and to limit their consequences , thus increasing the protection of the marine environment and coastal economies against pollution as well as establishing minimum conditions for safe offshore prospection , exploration and exploitation of oil and gas and limiting possible disruptions to union indigenous energy production and to improve the response mechanisms in case of an accident .


### the existing fragmented regulatory framework applying to safety of offshore activities in europe and current industry safety practices do not provide an adequate assurance that risks from offshore accidents are minimised throughout the union , and that in the event of accident occurring in union waters , the most effective response would be timely deployed . under existing liability regimes , the responsible party may not always be clearly identifiable and / or may not be able , or liable , to pay all the costs to remedy the damage it has caused . ### the existing fragmented regulatory framework applying to safety of offshore activities in europe and current industry safety practices do not provide an adequate assurance that risks from offshore accidents are minimised throughout the union , and that in the event of accident occurring in union waters , the most effective response would be timely deployed . it should be ensured that under existing liability regimes , the responsible party should always be clearly identifiable before operations start and should be able to pay all the costs to remedy the damage it has caused , eventually through mutual compensation schemes .


### the licensee is liable for the prevention and remediation of environmental damage , pursuant to directive 2004 / 35 / ec , caused by offshore oil and gas activities carried out by the licensee or any entity participating in the offshore oil and gas operations on the basis of a contract with the licensee . the consenting procedure for operations pursuant to this regulation shall not prejudice the liability of the licensee . ### the licensee is liable for the prevention and remediation of environmental damage , pursuant to directive 2004 / 35 / ec - and is deemed to be the operator as defined in that directive - caused by offshore oil and gas operations carried out by the licensee or any operator participating in the offshore oil and gas operations on the basis of a contract with the licensee . the consenting procedure for operations pursuant to this regulation shall not prejudice the liability of the licensee .


### in order to ensure a swift enforcement of the account preservation order , the regulation should provide that the transmission of the order from the issuing court to the bank is effected by means of direct service as set out in regulation no 1393 / 2007 on the service of judicial and extrajudicial documents in the member states . this regulation should also provide appropriate rules for the implementation of the order by the bank and oblige the bank to declare whether the order has successfully caught any funds of the debtor . ### in the event that a claimant has already obtained a judgment or other enforceable title on the substance , and in order to ensure a swift enforcement of the account preservation order , this regulation should provide that the transmission of the order from the issuing court to the bank is effected by means of direct service as set out in regulation no 1393 / 2007 on the service of judicial and extrajudicial documents in the member states . this regulation should also provide appropriate rules for the implementation of the order by the bank and oblige the bank to declare whether the order has successfully caught any funds of the debtor .


### the debtor ' s right to a fair trial should be safeguarded in the proceedings for the account preservation order . this notably requires that the order and all documents submitted by the claimant be served on the defendant promptly after its implementation and that the defendant can apply for a review of the order . jurisdiction for the review should lie with the court having issued the order except if aspects of enforcement are contested . however , if the defendant is a consumer , employee or insured , he should be able to apply for a review of the order before the courts in the member state of his domicile . the debtor should also have the right to release the funds in the account is he provides alternative security . ### the debtor ' s right to a fair trial should be safeguarded in the proceedings for the account preservation order . this notably requires that the order and all documents submitted by the claimant be served on the defendant promptly after its implementation and that the defendant can apply for a review of the order . jurisdiction for the review of the order itself should lie with the court having issued the order except if aspects of enforcement are contested . however , the defendant should be able to apply for a review of the order before the courts in a member state where he holds accounts as regards enforcement of the order in that member state . the debtor should also have the right to release the funds in the account if he provides alternative security .


### this regulation shall apply to pecuniary claims in civil and commercial matters having cross - border implications as defined in article 3 whatever the nature of the court or tribunal . it shall not extend , in particular , to revenue , customs or administrative matters . ### this regulation shall apply to claims in civil and commercial matters having cross - border implications as defined in article 3 whatever the nature of the court or tribunal . it shall not extend , in particular , to revenue , customs or administrative matters .


### this regulation shall not apply to bank accounts which , under the law governing immunity from enforcement of the member state where the account is located , are exempt from seizure or to systems for the settlement of securities designated by member states in accordance with article 10 of directive 98 / 26 / ec of the european parliament and of the council . ### this regulation shall not apply to bank accounts which , under the law governing immunity from enforcement of the member state where the account is located , are exempt from seizure or to accounts opened for the setting - up of payment systems and systems for the settlement of securities designated by member states in accordance with article 10 of directive 98 / 26 / ec of the european parliament and of the council .


### for the purposes of this regulation , a matter is considered to have cross - border implications unless the court seized with the application for an eapo , all bank accounts to be preserved by the order and the parties are located or domiciled in the same member state . ### for the purposes of this regulation a matter has cross - border implications if any of the following : - the court seized with the application for an eapo , - any of the bank accounts to be preserved by the order , or - any of the parties are not domiciled in the same member state .


### ' bank ' means an undertaking the business of which is to receive deposits or other repayable funds from the public and to grant credits for its own account ; ### ' bank ' means : a credit institution within the meaning of article 4 of directive 2006 / 48 / ec of the european parliament and of the council of 14 june 2006 relating to the taking up and pursuit of the business of credit institutions 1 ; an electronic money institution within the meaning of article 2 of directive 2009 / 110 / ec of the european parliament and of the council of 16 september 2009 on the taking up , pursuit and prudential supervision of the business of electronic money institutions2 ; ________ 1oj l 177 , 30 . 6 . 2006 , p . 1 . 2 oj l 267 , 10 . 10 . 2009 , p . 7 .


### relates to the signature and the content of the instrument , and ### relates to the signature and content of the instrument , determination of the identity of the parties and endorsement by the latter of the content and date of the instrument , and


### the claimant applies for an eapo prior to the initiation of judicial proceedings on the substance of the matter against the defendant or at any stage during such proceedings ; ### the creditor applies for an eapo prior to the initiation of judicial proceedings on the substance of the matter against the debtor or at any stage during such proceedings ;


### the claimant has obtained a judgment , court settlement or authentic instrument against the defendant which is enforceable in the member state of origin but has not yet been declared enforceable in the member state of enforcement where such a declaration is required . ### the creditor has obtained a judgment , court settlement or authentic instrument against the debtor which is enforceable in the member state of origin but has not yet been declared enforceable in the member state of enforcement where such a declaration is required .


### section 2 applies to situations where the claimant applies for an eapo after having obtained a judgment , court settlement or authentic instrument against the defendant which is by operation of law enforceable in the member state of enforcement or has been declared enforceable there . ### section 2 applies to situations where the creditor applies for an eapo after having obtained a judgment , court settlement or authentic instrument against the debtor which is by operation of law enforceable in the member state of enforcement or has been declared enforceable there .


### that the claim against the defendant appears to be well founded ; ### that the claim against the defendant is well founded ;


### where the claimant has already obtained a judgment , court settlement or authentic instrument for the payment of a sum of money against the defendant which is enforceable in the member state of origin and entitled to recognition in the member state of enforcement under the applicable instruments of union law , the condition set out in paragraph 1 shall be deemed to be fulfilled . ### the condition set out in point of the first subparagraph of paragraph 1 shall be deemed to be fulfilled where the claimant has already obtained a judgment , court settlement or authentic instrument enforceable in the member state of origin and entitled to recognition in the member state of enforcement under the applicable instruments of union law under which it is established or where it is ascertained that the claim relates to a payment which is being sought through an application for an account preservation order .