### the coordinator shall also take into account additional guidelines established by the air transport industry union - wide or world - wide as well as local guidelines proposed by the coordination committee and approved by the member state or any other competent body responsible for the airport in question , provided that such guidelines do not affect the independent status of the coordinator , comply with union law , aim at improving the efficient use of airport capacity and have been notified in advance to and pre - approved by the commission . the local guidelines may only concern the monitoring of the use of slots allocated or the amendment of the definition of a series of slots to reduce its length below 10 slots for the winter scheduling period or below 15 slots for the summer scheduling period , but under no circumstances below 5 slots . the reduction of the length of the series of slots applies only at airports where demand for air services is highly seasonable . ### the coordinator shall also take into account additional guidelines established by the air transport industry world - wide or union - wide as well as local guidelines proposed by the coordination committee and approved by the member state or any other competent body responsible for the airport in question , provided that such guidelines do not affect the independent status of the coordinator , comply with union law , aim at improving the efficient use of airport capacity . local rules concern the allocation and monitoring of slots . these can be applied only where it can be proved that an airport reaches an alarming level of congestion and therefore performance or throughput improvements can be delivered through locally applied rules . these must be transparent and non - discriminatory . local rules must be agreed and voted on in the coordination committee after agreement of all parties concerned , as referred to in article 8 paragraph 3 of this regulation .


### the coordinator shall also take into account additional guidelines established by the air transport industry union - wide or world - wide as well as local guidelines proposed by the coordination committee and approved by the member state or any other competent body responsible for the airport in question , provided that such guidelines do not affect the independent status of the coordinator , comply with union law , aim at improving the efficient use of airport capacity and have been notified in advance to and pre - approved by the commission . the local guidelines may only concern the monitoring of the use of slots allocated or the amendment of the definition of a series of slots to reduce its length below 10 slots for the winter scheduling period or below 15 slots for the summer scheduling period , but under no circumstances below 5 slots . the reduction of the length of the series of slots applies only at airports where demand for air services is highly seasonable . ### the coordinator shall also take into account additional guidelines established by the air transport industry union - wide or world - wide as well as local guidelines proposed by the coordination committee and approved by the member state or any other competent body responsible for the airport in question , provided that such guidelines do not affect the independent status of the coordinator , comply with union law , aim at improving the efficient use of airport capacity . local rules concern the allocation and monitoring of slots . these can be applied where performance or throughput improvements can be delivered through locally applied rules , these must be transparent and non - discriminatory .


### when an air carrier submits a flight plan , it shall include a reference to the slot allocated . the network manager shall reject&#160 ; an air carrier ' s flight plan if the air carrier intends to land or take off at a coordinated airport , during the periods for which it is coordinated , without having a slot allocated by the coordinator . business aviation operators shall not be deemed to have been allocated a slot if they would have to operate outside the time - band offered by the slot and if the delay is not attributable to air navigation services . ### when an air carrier submits a flight plan , it shall include a reference to the slot allocated . the network manager shall reject&#160 ; an air carrier ' s flight plan if the air carrier intends to land or take off at a coordinated airport , during the periods for which it is coordinated , without having a slot allocated by the coordinator .


### transferred by an air carrier from one route or type of service to another route or type of service operated by that same air carrier ; ### transferred by an air carrier or between air carriers within a consortium from one route or type of service to another route or type of service operated by that same air carrier ;


### the coordination committee shall draw up written rules of procedure covering , inter alia participation , elections , the frequency of meetings , and language used . ### the coordination committee shall draw up written rules of procedure covering , inter alia participation , elections , the frequency of meetings , the voting system applicable to suggested local guidelines and the language used .


### air carriers operating or intending to operate at a schedules facilitated or coordinated airport belonging to the network shall submit to the schedules facilitator or coordinator all relevant information requested by them . if this information changes , the air carriers shall inform the schedules facilitator and the coordinator as soon as possible . all relevant information shall be provided in the format and within the time - limit specified by the schedules facilitator or coordinator . in particular , an air carrier shall inform the coordinator , at the time of the request for allocation , whether it would benefit from the status of new entrant , in accordance with article 2 , in respect of requested slots . ### air carriers operating or intending to operate at a schedules facilitated or coordinated airport shall submit to the schedules facilitator or coordinator all relevant information requested by them . if this information changes , the air carriers shall inform the schedules facilitator and the coordinator as soon as possible . all relevant information shall be provided within the time - limit specified by the schedules facilitator or coordinator . in particular , an air carrier shall inform the coordinator , at the time of the request for allocation , whether it would benefit from the status of new entrant , in accordance with article 2 , in respect of requested slots .


### member states shall ensure that effective , proportionate and dissuasive sanctions are available and are applied to deal with ### member states shall implement effective , proportionate and dissuasive financial penalties and / or appropriate sanctions that are effectively applied to deal with


### the coordinator shall maintain an up - to - date , freely - accessible electronic database , containing the following information : ### the coordinator shall maintain , for each airport , an up - to - date , freely - accessible electronic database , containing the following information :


### any member of the coordination committee may propose local guidelines as provided for in article 9 . at the request of the coordinator , the coordination committee shall discuss suggested local guidelines . a report of the discussions in the coordination committee shall be submitted to the member state concerned with an indication of the respective positions stated within the committee . this report shall also be communicated to the performance review body and the network manager . ### any member of the coordination committee may propose local guidelines as provided for in article 9 . the coordination committee shall discuss and vote on suggested local guidelines . a report of the discussions and any agreed actions in the coordination committee shall be submitted to the member state concerned with an indication of the respective positions stated within the committee . this report shall also be communicated to the performance review body and the network manager .


### to allow air carriers to adapt to imperative situations of urgency , such as a marked decline in traffic or an economic crisis that severely affects the activity of air carriers , affecting a lager part of the scheduling period , the commission should be allowed to adopt urgent measures to ensure the consistency of measures to be taken at coordinated airports . these measures will allow air carriers to retain priority for the allocation of the same series for the following scheduling period even if the 85% rate has not been met . ### to allow air carriers to adapt to imperative situations of urgency , such as a marked decline in traffic or an economic crisis that severely affects the activity of air carriers , affecting a larger part of the scheduling period , the commission should be allowed to adopt urgent measures to ensure the consistency of measures to be taken at coordinated airports . these measures will allow air carriers to retain priority in allocating the same series for the following scheduling period even if the 80% rate has not been met .


### if the conditions set out in paragraph and are not met , the commission may however decide that priority for the allocation of the same series should be awarded to the air carriers for the following scheduling period , if this is justified on imperative grounds of urgency linked to exceptional events requiring coherence in the application of measures to be taken in these airports . the commission shall adopt the necessary measures , the application of which shall not exceed the length of one scheduling period . it shall adopt these immediately applicable implementing acts in accordance with the procedure referred to in article 16 . ### if the conditions set out in paragraph and are not met , the commission , in consultation with the various partners , may however decide that entitlements for the allocation of the same series should be maintained for the air carriers for the following scheduling period , if this is justified on imperative grounds of urgency linked to exceptional events requiring coherence in the application of measures to be taken in these airports . the commission , within one month of the member state or airport concerned having so requested , shall adopt the necessary measures , the application of which shall not exceed the length of one scheduling period . it shall adopt these immediately applicable implementing acts in accordance with the procedure referred to in article 16 . the measures adopted by the european commission may differ according to the member state , airport or type of airline services concerned by the exceptional event in question .


### the financing referred to under point shall be provided by the air carriers who operate in the coordinated airports and by the airports in such a way as to ensure that the financial burden is distributed equitably among all interested parties and that the financing does not largely depend on a sole interested party . the member states shall ensure that the financial , human , technical and material resources and expertise required by the coordinator for carrying out his duties are at its disposal at all times . ### the financing referred to under point shall be provided by the air carriers who operate in the coordinated airports and schedules facilitated airports and by the airports in such a way as to ensure that the financial burden is distributed equitably among all interested parties and that the financing does not largely depend on a sole interested party . the member states shall ensure that adequate financial , human , technical and material resources and expertise are at the disposal of the coordinator and the schedules facilitator for carrying out their duties at all times . all fees paid by the airlines shall be collected by airports in parallel to the airport charges . in case of coordination implemented for the appropriate period the cost of coordination should be covered by the organization or entity that caused the need for coordination . if it is not possible to identify such organization or entity the cost of coordination shall be covered by the airport which has the right to recover from the airlines 50% of coordination costs ;


### the financing referred to under point shall be provided by the air carriers who operate in the coordinated airports and by the airports in such a way as to ensure that the financial burden is distributed equitably among all interested parties and that the financing does not largely depend on a sole interested party . the member states shall ensure that the financial , human , technical and material resources and expertise required by the coordinator for carrying out his duties are at his disposal at all times . ### the financing referred to under point shall be provided by the air carriers who operate in the coordinated airports and schedules facilitated airports and by the airports in such a way as to ensure that the financial burden is distributed equitably among all interested parties and that the financing does not largely depend on a sole interested party . the member states shall ensure that adequate financial , human , technical and material resources and expertise are at the disposal of the coordinator and the schedules facilitator for carrying out their duties at all times .


### serious financial difficulties of the union air carrier concerned , resulting in the granting of a temporary licence by the licensing authorities pending financial reorganisation of the air carrier in accordance with article 9 of regulation no 1008 / 2008 ; ### serious financial difficulties for an air carrier concerned , resulting in the granting of a temporary licence by the licensing authorities pending financial reorganisation of the air carrier in accordance with article 9 of regulation no 1008 / 2008 ;


### – repeated or intentional operation of air services without a corresponding slot or at times significantly different from the allocated slots or with the use of slots in a significantly different way from that indicated at the time of allocation ; ### – air carriers that repeatedly and intentionally , or general aviation / business aviation that intentionally , operates air services without a corresponding slot or at times significantly different from the allocated slots or with the use of slots in a significantly different way from that indicated at the time of allocation ;


### widespread use should be made of electronic means of data transmission for all reporting formalities as soon as possible and by 15 february 2013 at the latest . ### widespread use should be made of electronic means of data transmission for all reporting formalities as soon as possible and by 15 february 2015 at the latest . as the transmission of this data forms a chain stretching from the user to safeseanet , all the information systems should be technically interoperable by the same deadline to ensure the smooth running of the european maritime transport space without barriers .


### the transmission of data required upon entry to and / or exit from ports under council directive 95 / 21 / ec of 19 june 1995 concerning the enforcement , in respect of shipping using community ports and sailing in the waters under the jurisdiction of the member states , of international standards for ship safety , pollution prevention and shipboard living and working conditions , directive 2000 / 59 / ec of the european parliament and of the council of 27 november 2000 on port reception facilities for ship - generated waste and cargo residues , directive 2002 / 59 / ec of the european parliament and of the council of 27 june 2002 establishing a community vessel traffic monitoring and information system and repealing council directive 93 / 75 / eec , regulation no 725 / 2004 of the european parliament and of the council of 31 march 2004 on enhancing ship and port facility security , regulation no 562 / 2006 of the european parliament and of the council of 15 march 2006 establishing a community code on the rules governing the movement of persons across borders and , where appropriate , the international maritime code for dangerous goods adopted in 1960 by the imo , with the amendments thereto adopted and having entered into force , covers the information required by fal forms . these forms should not be required , if this information is available . ### the transmission of data required upon entry to and / or exit from ports under directive 2009 / 16 / ec of the european parliament and of the council of 23 april 2009 on port state control1 , directive 2000 / 59 / ec of the european parliament and of the council of 27 november 2000 on port reception facilities for ship - generated waste and cargo residues , directive 2002 / 59 / ec of the european parliament and of the council of 27 june 2002 establishing a community vessel traffic monitoring and information system and repealing council directive 93 / 75 / eec , regulation no 725 / 2004 of the european parliament and of the council of 31 march 2004 on enhancing ship and port facility security , regulation no 562 / 2006 of the european parliament and of the council of 15 march 2006 establishing a community code on the rules governing the movement of persons across borders and , where appropriate , the international maritime code for dangerous goods adopted in 1960 by the imo , with the amendments thereto adopted and having entered into force , covers the information required by fal forms . these forms should not be required , if this information is available . ____________ 1 oj l 131 , 28 . 5 . 2009 , p . 57–100


### member states shall , by the entry into force of this directive at the latest , conduct relevant studies and investigations in order to allow the use of electronic means of transmitting the data necessary for the administrative formalities as soon as possible and by 15 february 2013 at the latest . ### member states shall , by the entry into force of this directive at the latest , conduct relevant studies and investigations in order to allow the electronic transmission of data necessary for the administrative formalities as soon as possible and by 15 february 2015 at the latest .


### developing environment - friendly and low - carbon transport systems and promoting sustainable urban mobility ; ### developing integrated and intermodal environment - friendly and low - carbon local public transport systems and promoting sustainable urban mobility ;


### addressing the significant needs for investment in the water sector to meet the requirements of the environmental acquis ; ### addressing the significant needs for investment in the water sector to improve the supply and quality of water and to ensure that it is used more efficiently ;


### protecting , promoting and developing cultural heritage ; ### protecting , promoting and developing natural and cultural heritage ;


### in order to be eligible to support a proposed citizens ' initiative , signatories shall be citizens of the union and shall be of the age to be entitled to vote in the european elections . ### in order to be eligible to support a proposed citizens ' initiative , signatories shall be citizens of the union and shall be at least 16 years old .


### signatories shall be considered as coming from the member state which issued the identification document indicated in their statement of support . ### signatories shall be considered to come from the member state in which they have their address , as indicated in their statement of support .


### ' organiser ' means a natural or legal person or organisation responsible for the preparation and submission of a citizens ' initiative to the commission . ### ' organising committee ' means a group of at least nine citizens of the union , each from a different member state , which is responsible for the preparation and submission of a citizens ' initiative to the commission .


### where the organiser is a natural person , that person shall be a citizen of the union and be of the age to be entitled to vote in the european elections . ### the organising committee shall be comprised of members who are citizens of the union , who are old enough to be entitled to vote in the european elections , and who are not currently serving as members of the european parliament .


### the signatories of a citizens ' initiative shall come from at least one third of member states . ### the signatories of a citizens ' initiative shall come from at least one quarter of member states .


### in one third of member states , signatories shall comprise at least the minimum number of citizens set out in annex i . ### in one quarter of member states , signatories shall comprise at least the minimum number of citizens set out in annex i . these minimum numbers represent a threshold below 0 . 2 % of the population of a given member state , based on a multiple of the number of the members of the european parliament for that member state . the multiple proposed is 500 .


### after having collected 300 . 000 statements of support in accordance with article 5 from signatories coming from at least three member states , the organiser shall submit to the commission a request for a decision on the admissibility of the proposed citizens ' initiative . for this purpose the organiser shall use the form set out in annex v . ### after the citizens ' initiative has been registered , the commission shall examine its admissibility without delay .


### all statements of support shall be collected after the date of registration of the proposed initiative and within a period that shall not exceed 12 months . ### statements of support shall be collected only after the date of the positive decision on admissibility in respect of the proposed initiative and within a period that shall not exceed 12 months .


### it is appropriate to fix a minimum age for supporting a citizens ' initiative . this should be set as the age at which citizens are entitled to vote in the european parliament elections . ### it is appropriate to fix a minimum age for supporting a citizens ' initiative . this should be set at 16 years of age .


### in order to ensure coherence and transparency in relation to proposed citizens ' initiatives , it should be mandatory to register such initiatives on a website made available by the commission prior to collecting the necessary statements of support from citizens ; proposals that are abusive or devoid of seriousness should not be registered and the commission should reject the registration of proposals which would be manifestly against the values of the union . the commission should deal with registration in accordance with the general principles of good administration . ### in order to ensure coherence and transparency in relation to proposed citizens ' initiatives , it should be mandatory to register such initiatives on a website made available by the commission prior to collecting the necessary statements of support from citizens . this would undoubtedly serve as an educational tool enabling citizens to make their democratic voice heard . proposals that are abusive or devoid of seriousness should not be registered and the commission should reject the registration of proposals which would be manifestly against the values of the union . the commission should deal with registration in accordance with the general principles of good administration .


### where the organiser is a natural person , that person shall be a citizen of the union and be of the age to be entitled to vote in the european elections . ### the organising committee shall be comprised of members who are citizens of the union old enough to be entitled to vote in the european elections , who are not currently serving as directly elected politicians .


### in the case of bobbins , reels , skeins , balls or other small quantity of sewing , mending and embroidery yarns , the first subparagraph shall apply to the inclusive labelling referred to in article 15 . individual items may be labelled in any one of the community languages . ### in the case of bobbins , reels , skeins , balls or other small quantity of sewing , mending and embroidery yarns , the first subparagraph shall apply to the inclusive labelling referred to in article 15 . where such products are individually sold to the end user , they may be labelled in any of the official languages of the union , provided they also have an inclusive labelling . where appropriate , the textile fibre names may be replaced by , or combined with , intelligible language - independent symbols .


### it is appropriate to establish a procedure , to be observed by any manufacturer or its representative that wishes to include a new fibre name in the technical annexes . this regulation should thus set out requirements to apply for a new fibre name to be added to the technical annexes . ### it is appropriate to establish a procedure , including specific requirements , to be observed by any manufacturer or its authorised representative that wishes to include a new fibre name on the harmonised list of fibre names set out in annex i .


### it is appropriate to establish a procedure , to be observed by any manufacturer or its representative that wishes to include a new fibre name in the technical annexes . this regulation should thus set out requirements to apply for a new fibre name to be added to the technical annexes . ### it is appropriate to establish a procedure , including specific requirements , to be observed by any manufacturer or any person acting on his behalf that wishes to include a new fibre name on the harmonised list of fibre names set out in annex i .


### any laboratory responsible for the testing of textile mixtures for which there is no uniform method of analysis at community level shall determine the composition of such mixtures by using any valid method at its disposal , indicating in the analysis report the result obtained and , in so far as this is known , the degree of accuracy of the method used . ### any laboratory accredited and approved by the member state authorities for the testing of textile mixtures for which there is no uniform method of analysis at community level shall determine the fibre composition of such mixtures , indicating in the analysis report the result obtained , the method used and the degree of accuracy of this method .


### any laboratory responsible for the testing of textile mixtures for which there is no uniform method of analysis at community level shall determine the composition of such mixtures by using any valid method at its disposal , indicating in the analysis report the result obtained and , in so far as this is known , the degree of accuracy of the method used . ### any laboratory responsible for the testing of textile mixtures for which there is no uniform method of analysis at community level shall determine the fibre composition of such mixtures , indicating in the analysis report the result obtained , the method used and its degree of accuracy .


### the commission should evaluate the functioning of this regulation no later than three years after the first instance of its implementation with a view to assessing and , if necessary , improving its efficiency . ### the commission should evaluate the functioning of this regulation no later than five years after the first instance of adoption of an implementing act under this regulation with a view to assessing and , if necessary , improving its efficiency .


### this regulation should focus on those measures where the union has experience in their design and application ; the possibility to extend the scope of this regulation to the sectors of services and intellectual property rights should be assessed in due time with regard to the specificities of each area . ### this regulation should make it possible for the union to establish a complete and effective framework to enable measures to be taken without delay ; however , the possibility to extend its scope to intellectual property rights should be considered at the time of the evaluation report on this regulation .


### no later than three years after the first instance of adoption of an implementing act under this regulation , the commission shall review its implementation and report to the european parliament and the council . ### no later than five years after the first instance of adoption of an implementing act under this regulation , the commission shall review its implementation and report to the european parliament and the council .


### rebalancing concessions or other obligations in the trade relations with third countries , when the import treatment accorded to goods from the union is altered . ### rebalancing concessions or other obligations in the trade relations with third countries , when the treatment accorded to goods or services from the union is altered .


### where , subsequently to the adoption of an implementing act pursuant to article 4 , the third country concerned accords satisfactory compensation to the union in the cases referred to in article 3 and , the commission may suspend the application of that implementing act for the duration of the compensation period . the suspension shall be decided in accordance with the examination procedure referred to in article 8 . ### where , subsequently to the adoption of an implementing act pursuant to article 4 , the third country concerned accords adequate and proportionate compensation to the union in the cases referred to in article 3 and , the commission may suspend the application of that implementing act for the duration of the compensation period . the suspension shall be decided in accordance with the examination procedure referred to in article 8 .


### the commission should evaluate the functioning of this regulation no later than three years after the first instance of its implementation with a view to assessing and , if necessary , improving its efficiency . ### the commission should evaluate the functioning of this regulation no later than five years after the first instance of its implementation with a view to assessing its implementation and , if necessary , improving its efficiency , considering in particular the possibility of extending its scope to the sector of intellectual property rights . the commission should include in its reports on the europe 2020 strategy an analysis of the relevance of that instrument , particularly as regards its ability to remove barriers to trade .


### member states bordering a coastal zone or maritime area of a third country shall make every effort to coordinate their maritime spatial plans and integrated coastal management strategies with that third country in the marine region or sub - region and the related coastal zone concerned . ### member states bordering a coastal zone or maritime area of a third country shall , in drawing up their maritime spatial plans and integrated coastal management strategies , bear in mind similar plans and strategies adopted by that third country in the marine region or sub - region and the related coastal zone concerned . the commission shall actively support dialogue with third countries so as to ensure alignment between the abovementioned plans and strategies .


### in order to ensure the appropriate apportionment of maritime space among relevant uses and the coordinated management of coastal zones , a framework should be put in place that consists at least in the establishment and implementation by member states of maritime spatial plans and integrated coastal management strategies . ### in order to ensure the appropriate apportionment of maritime space among the multiple and diverse relevant uses and human activities and the coordinated management of coastal zones , a framework should be put in place that consists at least in the establishment and implementation by member states of maritime spatial plans and integrated coastal management strategies .


### when establishing maritime spatial plans and integrated coastal management strategies , member states shall give due regard to the particularities of the regions and the sub - regions , the respective sector activities , the marine waters and coastal zones concerned and potential climate change impacts . ### when establishing maritime spatial plans and integrated coastal management strategies , member states shall give due regard to the particularities of the regions and the sub - regions , notably the outermost regions , the respective present and future sector activities , the marine waters and coastal zones concerned and potential climate change impacts .


### maritime spatial plans and integrated coastal management strategies shall apply an ecosystem - based approach to facilitate the co - existence and prevent conflicts between competing sector activities in marine waters and coastal zones , and shall aim to contribute to : ### maritime spatial plans and integrated coastal management strategies shall apply an ecosystem - based approach to facilitate the co - existence and compatibility and prevent conflicts over use between competing sector activities in marine waters and coastal zones , and shall aim to contribute to :


### this directive establishes a framework for maritime spatial planning and integrated coastal management aiming at promoting the sustainable growth of maritime and coastal economies and the sustainable use of marine and coastal resources . ### this directive establishes a framework for maritime spatial planning and integrated coastal management aiming at promoting the sustainable development and growth of maritime and coastal economies and the sustainable use of marine and coastal ecosystems and resources .


### a dedicated network of member states’ competent authorities covering the marine region and / or sub - region concerned . ### a dedicated network of member states’ competent authorities covering the coastal zone , marine region and / or sub - region concerned .


### member states bordering a coastal zone or maritime area of a third country shall make every effort to coordinate their maritime spatial plans and integrated coastal management strategies with that third country in the marine region or sub - region and the related coastal zone concerned . ### member states bordering a coastal zone or maritime area of a third country shall make every effort to coordinate their maritime spatial plans and integrated coastal management strategies with that third country in the marine region or sub - region and the related coastal zone concerned , through cooperation initiatives that are duly encouraged and supported by the eu .


### promoting the development of maritime transport and providing efficient and cost - effective shipping routes across europe , including port accessibility and transport safety ; ### promoting the development of maritime transport , providing efficient and cost - effective shipping routes across europe , including port accessibility and transport safety , connecting island regions and fostering land - sea interconnection ;


### this directive establishes a framework for maritime spatial planning and integrated coastal management aiming at promoting the sustainable growth of maritime and coastal economies and the sustainable use of marine and coastal resources . ### this directive establishes a framework for maritime spatial planning and integrated coastal management incorporating union - level sea basin strategies and macro - regional strategies where applicable and aiming at promoting the sustainable growth of maritime and coastal economies and the sustainable use of marine and coastal resources .


### ensuring the preservation , protection and improvement of the environment as well as the prudent and rational use of natural resources , notably in order to achieve good environmental status , halt the loss of biodiversity and degradation of ecosystem services and reduce marine pollution risks ; ### ensuring the preservation , protection and improvement of the environment as well as the rational , balanced and sustainable use of ecosystems and natural resources , notably in order to achieve good environmental status , halt the loss of biodiversity and degradation of ecosystem services and reduce marine pollution risks ;


### maritime spatial plans and integrated coastal management strategies shall apply an ecosystem - based approach to facilitate the co - existence and prevent conflicts between competing sector activities in marine waters and coastal zones , and shall aim to contribute to : ### maritime spatial plans and integrated coastal management strategies shall facilitate the co - existence and prevent conflicts between competing sector activities in marine waters and coastal zones . in so doing , they should rank the ecosystem - based approach laid down in article 1 of directive 2008 / 56 / ec , as an environmental pillar for sustainable development , alongside economic and social concerns . maritime spatial plans and integrated coastal management strategies shall aim to contribute to :


### while it is appropriate for the union to lay down rules on maritime spatial plans and integrated coastal management strategies , member states and their competent authorities remain responsible for designing and determining , within their marine waters and coastal zones , the content of such plans and strategies , including the apportionment of maritime space to the different sector activities . ### while it is appropriate for the union to lay down rules on maritime spatial plans and integrated coastal management strategies , member states and their competent authorities remain responsible for designing and determining , within their marine waters and coastal zones , the content of such plans and strategies , including the apportionment of maritime space to the different and potentially competing sector activities and measures to ensure compatibility .


### the maritime spatial plans and integrated coastal management strategies referred to in article 4 shall be established within a period of 36 months after the entry into force of this directive . ### the maritime spatial plans and integrated coastal management plans referred to in article 4 shall be established within a period of seven years after the entry into force of this directive .


### public participation shall ensure that the relevant stakeholders and authorities and the public concerned are consulted on the draft plans and strategies and have access to the results once available . ### public participation shall ensure that the relevant stakeholders and authorities and the public concerned are informed and consulted on the draft plans and strategies in good time and have access to the corresponding results once available .


### fostering the sustainable development and growth of the fisheries and aquaculture sector , including employment in fisheries and connected sectors ; ### fostering the sustainable development and growth of , as well as investment in , the fisheries and sustainable aquaculture sector , covering both small - scale and industrial fisheries , including employment in fisheries and connected sectors ;


### the integrated maritime policy identifies maritime spatial planning and integrated coastal management as cross - cutting policy tools for public authorities and stakeholders to apply a coordinated , integrated approach . the application of an ecosystem - based approach will contribute to promoting the sustainable growth of the maritime and coastal economies and the sustainable use of marine and coastal resources . ### the integrated maritime policy identifies maritime spatial planning and integrated coastal management as cross - cutting policy tools for public authorities and stakeholders to apply a coordinated , integrated approach . the application of an ecosystem - based approach , in which people play a key role , will contribute to promoting the sustainable growth of the maritime and coastal economies and the sustainable use of marine and coastal resources .


### while it is appropriate for the union to lay down rules on maritime spatial plans and integrated coastal management strategies , member states and their competent authorities remain responsible for designing and determining , within their marine waters and coastal zones , the content of such plans and strategies , including the apportionment of maritime space to the different sector activities . ### while it is appropriate for the union to lay down rules on maritime spatial plans and integrated coastal management strategies , member states and their competent authorities remain responsible for designing and determining , within their marine waters and coastal zones , the content of such plans and strategies , including the problem - free coexistence of different sectoral activities in marine waters in accordance with european and national objectives .


### securing the energy supply of the union by promoting the development of marine energy sources , the development of new and renewable forms of energy , the interconnection of energy networks , and energy efficiency ; ### securing the energy supply of the union by promoting the development of marine energy sources , the development of new , alternative and renewable forms of energy , the interconnection of energy networks , and energy efficiency ;


### branches of social security , as defined in council regulation no 1408 / 71 of 14 june 1971 on the application of social security schemes to employed persons , to self - employed persons and to members of their families moving within the community . regulation no 859 / 2003 , extending the provisions of regulation no 1408 / 71 and its implementing regulation no 574 / 72 to nationals of third countries who are not already covered by these provisions solely on the ground of their nationality shall apply accordingly ; ### provisions in national law concerning branches of social security , as defined in regulation no 883 / 2004 of the european parliament and of the council of 29 april 2004 on the coordination of social security systems . regulation no 859 / 2003 , extending the provisions of regulation no 1408 / 71 and its implementing regulation no 574 / 72 to nationals of third countries who are not already covered by these provisions solely on the ground of their nationality shall apply accordingly ;


### third - country nationals who work in the territory of a member state should enjoy equal treatment as regards social security . branches of social security are defined in the council regulation no 1408 / 71 of 14 june 1971 on the application of social security schemes to employed persons , to self - employed persons and to members of their families moving within the community . council regulation no 859 / 2003 of 14 may 2003 extending the provisions of regulation no 1408 / 71 and regulation no 574 / 72 to nationals of third countries who are not already covered by those provisions solely on the ground of their nationality extends the provisions of regulation no 1408 / 71 to third country nationals who are legally residing in the european union and who are in a cross - border situation . the provisions on equal treatment concerning social security in this directive also apply to persons coming to a member state directly from a third country . nevertheless , this directive should not confer more rights than those already provided in existing community legislation in the field of social security for third - country nationals who have cross - border elements between member states . ### third - country nationals who work in the territory of a member state should enjoy equal treatment as regards social security . branches of social security are defined in regulation no 883 / 2004 of the european parliament and of the council of 29 april 2004 on the coordination of social security systems . council regulation no 859 / 2003 of 14 may 2003 extending the provisions of regulation no 1408 / 71 and regulation no 574 / 72 to nationals of third countries who are not already covered by those provisions solely on the ground of their nationality extends the provisions of regulation no 1408 / 71 to third country nationals who are legally residing in the european union and who are in a situation subject to the law of more than one member state . the provisions on equal treatment concerning social security in this proposal also apply directly to persons entering a member state directly from a third country , provided that they reside legally in that member state and that they meet the conditions of eligibility for the social security benefits in question that are laid down under national law . nevertheless , this directive should not confer more rights than those currently conferred in existing community legislation in the field of social security for third - country nationals who have cross - border elements between member states . nor should it confer rights in respect of situations that do not fall within the scope of eu legislation , as , for example , in the case of family members resident in a third country .


### in the absence of horizontal community legislation , the rights of third - country nationals vary , depending on the member state in which they work and on their nationality . they do not have the same rights as nationals of the member state , or other eu citizens . with a view to pursue a further development of a coherent immigration policy , to lower the rights gap between eu citizens and third - country nationals legally working and complementing the existing immigration acquis a set of rights should be laid down in particular in the form of specifying the policy fields where equal treatment with own nationals is provided for third - country workers legally admitted in a member states but not yet long term residents . such provisions are intended to establish a level playing field within the eu , to recognize that such third - country nationals legally working in a member states contribute to the european economy through their work and tax payments and to serve as a safeguard to reduce unfair competition between own nationals and third - country nationals resulting from possible exploitation of the latter . ### in the absence of horizontal eu legislation , the rights of third - country nationals vary , depending on the member state in which they work and on their nationality . they do not have the same rights as nationals of the member state , or other eu citizens . with a view to pursuing further development of a coherent immigration policy , narrowing the rights gap between eu citizens and third - country nationals legally working and complementing the existing immigration acquis a set of socio - economic and labour - law rights should be laid down in particular in the form of specifying the policy fields where equal treatment with own nationals is provided for third - country workers legally admitted in a member state but not yet long - term residents . such provisions are intended to introduce a minimum level of fairness within the eu , to recognise that such third - country nationals legally working in member states contribute to the european economy through their work and tax payments and to serve as a safeguard to reduce unfair competition between own nationals and third - country nationals resulting from possible exploitation of the latter .


### third - country nationals covered by directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services as long as they are posted to a member state and third - country nationals entering a member state under commitments contained in an international agreement facilitating the entry and temporary stay of certain categories of trade and investment - related natural persons should not be covered by this directive as they are not considered part of the labour market of that member state . ### posted third - country nationals are not covered by this directive . this should not prevent third - country nationals who are legally resident and lawfully employed in a member state and posted to another member state from continuing to enjoy equal treatment with respect to nationals of the member state of origin for the duration of their posting , in respect of those terms and conditions of employment which are not affected by the application of directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services .


### tax benefits ; ### tax benefits , in so far as the worker is deemed to be resident for tax purposes in the member state concerned ;


### third - country nationals who work in the territory of a member state should enjoy equal treatment as regards social security . branches of social security are defined in the council regulation no 1408 / 71 of 14 june 1971 on the application of social security schemes to employed persons , to self - employed persons and to members of their families moving within the community . council regulation no 859 / 2003 of 14 may 2003 extending the provisions of regulation no 1408 / 71 and regulation no 574 / 72 to nationals of third countries who are not already covered by those provisions solely on the ground of their nationality extends the provisions of regulation no 1408 / 71 to third country nationals who are legally residing in the european union and who are in a cross - border situation . the provisions on equal treatment concerning social security in this directive also apply to persons coming to a member state directly from a third country . nevertheless , this directive should not confer more rights than those already provided in existing community legislation in the field of social security for third country nationals who have cross - border elements between member states . ### third - country nationals who work in the territory of a member state should enjoy equal treatment as regards social security . branches of social security are defined in the council regulation no 883 / 2004 of the european parliament and of the council of 29 april 2004 on the coordination of social security systems . the provisions on equal treatment concerning social security in this directive also apply to persons coming to a member state directly from a third country . nevertheless , this directive should not confer more rights than those already provided in existing community legislation in the field of social security for third - country nationals who have cross - border elements between member states .


### ' third - country worker ' means any third - country national who has been admitted to the territory of a member state and is allowed to work legally in that member state ; ### ' third country worker ' means , without prejudice to the interpretation of the concept of employment relationship in other eu legislation , any third - country national who has been admitted to the territory of a member state , is legally resident and is allowed to work in the context of a paid relationship under national law and / or in accordance with national practice in that member state ;


### in the absence of horizontal community legislation , the rights of third - country nationals vary , depending on the member state in which they work and on their nationality . they do not have the same rights as nationals of the member state , or other eu citizens . with a view to pursue a further development of a coherent immigration policy , to lower the rights gap between eu citizens and third - country nationals legally working and complementing the existing immigration acquis a set of rights should be laid down in particular in the form of specifying the policy fields where equal treatment with own nationals is provided for third - country workers legally admitted in a member states but not yet long term residents . such provisions are intended to establish a level playing field within the eu , to recognize that such third - country nationals legally working in a member states contribute to the european economy through their work and tax payments and to serve as a safeguard to reduce unfair competition between own nationals and third - country nationals resulting from possible exploitation of the latter . ### in the absence of horizontal union legislation , the rights of third - country nationals vary , depending on the member state in which they work and on their nationality . with a view to pursuing a further development of a coherent immigration policy and narrowing the rights gap between eu citizens and third country nationals legally working and complementing the existing immigration acquis , a set of rights should be laid down in particular in the form of specifying the policy fields where equal treatment with own nationals is provided for third - country workers legally admitted in a member state but not yet long - term residents . such provisions are intended to establish a minimum level playing field within the eu , to recognise that such third - country nationals legally working in member states contribute to the european economy through their work and tax payments and to serve as a safeguard to reduce unfair competition between own nationals and third - country nationals resulting from possible exploitation of the latter . definition of ' third country worker ' as laid down in article 2 of this directive means , without prejudice to the interpretation of the concept of employment relationship in other eu legislation , any third - country national who has been admitted to the territory of a member state , is legally resident and is allowed to work in the context of a paid relationship under national law and / or in accordance with national practice in that member state .


### third - country nationals who work in the territory of a member state should enjoy equal treatment as regards social security . branches of social security are defined in the council regulation no 1408 / 71 of 14 june 1971 on the application of social security schemes to employed persons , to self - employed persons and to members of their families moving within the community . council regulation no 859 / 2003 of 14 may 2003 extending the provisions of regulation no 1408 / 71 and regulation no 574 / 72 to nationals of third countries who are not already covered by those provisions solely on the ground of their nationality extends the provisions of regulation no 1408 / 71 to third country nationals who are legally residing in the european union and who are in a cross - border situation . the provisions on equal treatment concerning social security in this directive also apply to persons coming to a member state directly from a third country . nevertheless , this directive should not confer more rights than those already provided in existing community legislation in the field of social security for third - country nationals who have cross - border elements between member states . ### third - country nationals who work in the territory of a member state should enjoy equal treatment as regards social security . branches of social security are defined in the council regulation no 1408 / 71 of 14 june 1971 on the application of social security schemes to employed persons , to self - employed persons and to members of their families moving within the community . council regulation no 859 / 2003 of 14 may 2003 extending the provisions of regulation no 1408 / 71 and regulation no 574 / 72 to nationals of third countries who are not already covered by those provisions solely on the ground of their nationality extends the provisions of regulation no 1408 / 71 to third country nationals who are legally residing in the european union and who are in a cross - border situation . the provisions on equal treatment concerning social security in this directive also apply to persons entering to a member state directly from a third state , but allowing member states to limit equal treatment to those in employment . nevertheless , this directive should neither confer more rights than those already provided in existing community legislation in the field of social security for third - country nationals who have cross - border elements between member states nor limit the power of the member states to organise their social security schemes and to lay down the conditions under which a person is affiliated to a social security scheme . nor should it confer rights in respect of situations that do not fall within the scope of eu legislation as for example in the case of family members residing in a third country .


### in article 36 , the following paragraph 2a is inserted : ' 2a . member states meeting one of the conditions set out in article 77 , may contribute a part of the financial allocations indicated in article 19 and article 20 to a risk sharing instrument , to be established by the commission in agreement with the european investment bank , or in agreement with national or international public sector bodies or bodies governed by private law with a public service mission providing adequate guarantees as referred to in article 54 of regulation no 1605 / 2002 , under similar terms and conditions to those applied to and by the european investment bank , to cover the provisioning and capital allocation of guarantees and loans , as well as other financial facilities , granted under the risk sharing instrument . such risk sharing instrument shall be used exclusively for loans and guarantees , as well as other financial facilities , to finance operations co - financed by the european regional development fund or the cohesion fund , regarding expenditure which is not covered by article 56 . the risk sharing instrument shall be implemented by the commission within the framework of indirect centralised management in accordance with article 54 of regulation no 1605 / 2002 . payments to the risk sharing instrument shall be made in tranches , in accordance with the scheduled use of the risk sharing instrument in providing loans and guarantees financing specific operations . the member state concerned shall address a request to the commission who shall adopt a decision by means of an implementing act , describing the system established to guarantee that the amount available is used for the exclusive benefit of the member state which provided it within its cohesion policy financial allocation pursuant to article 18 , as well as the terms and conditions applicable to such risk sharing instrument . these terms and conditions shall at least address the following : traceability and accounting , information on the use of the funds and monitoring and control systems ; and structure of the fees and other administrative and management costs . the financial allocations to the risk - sharing instrument shall be strictly capped and shall not create contingent liabilities for the union budget or the member state concerned . any amount left - over after the completion of an operation covered by the risk sharing instrument may be reused , at the request of the member sate concerned , within the risk - sharing instrument , if the member state still meets one of the conditions set out as specified in article 77 . if the member state no longer meets those conditions , the amount left - over shall be considered as assigned revenue within the meaning of article 18 of the financial regulation . at the request of the member state concerned , additional commitment appropriations generated by this assigned revenue shall be added the following year to the cohesion policy financial allocation of the member state concerned . ' ### the following article is inserted : ' article 36a risk sharing instrument for the purpose of this article a risk - sharing instrument means a financial instrument which guarantees the total or partial coverage of a defined risk , where appropriate in exchange for an agreed remuneration . 2 . member states meeting one of the conditions set out in article 77a , b and c , may contribute a part of the financial allocations indicated in article 19 and article 20 to a risk sharing instrument , which shall be established by means of a cooperation agreement , to be concluded by the commission either with the european investment bank , or with national or international public sector bodies or bodies governed by private law with a public service mission providing adequate guarantees as referred to in article 54 of regulation no 1605 / 2002 , under similar terms and conditions to those applied to and by the european investment bank , to cover the provisioning and capital allocation of guarantees and loans , as well as other financial facilities , granted under the risk sharing instrument . 3 . the cooperation agreement , referred to in paragraph 2 , shall contain rules in particular on the following : the total amount of the union contribution and the schedule about how it will be made available ; the trust account conditions to be set up by the contracted implementing body ; the eligibility criteria for the use of the union contribution , the details of the exact risk - sharing , to be ensured and the guarantees to be provided by the contracted implementing body ; the pricing of instrument , based on the risk margin and the coverage of all the administrative costs of the instrument ; the application and approval procedure of the project proposals , covered by the instrument ; the period of availability of the instrument and the reporting requirements . the exact risk - sharing , which shall be undertaken in the cooperation agreement by the contracted implementing body , shall as an average aim at being at least 1 , 5 times the amount of the union contribution to the risk - sharing instrument . payments to the risk sharing instrument shall be made in tranches , in accordance with the scheduled use of the risk sharing instrument in providing loans and guarantees financing specific operations . 4 . the risk sharing instrument shall be used to finance operations co - financed by the european regional development fund or the cohesion fund , regarding , by way of derogation from article 54 , investment costs which cannot be taken into account as eligible expenditure pursuant to article 55 or as public expenditure as defined in article 2 , pursuant to the eu rules on state aids . it may also be used to finance operations , which contribute to the achievement of the objectives of the national strategic reference framework of the requesting member state and the community strategic guidelines on cohesion1 , and bring the greatest added value to the union strategy for smart , sustainable and inclusive growth . 5 . the risk sharing instrument shall be implemented by the commission within the framework of indirect centralised management in accordance with article 54 and article 56 of regulation no 1605 / 2002 . 6 . an eligible member state seeking to benefit from a risk - sharing instrument shall submit a written request to the commission not later than 31 august 2013 . in its request , the member state shall provide all the information necessary to establish : that it meets one of the conditions referred to in points , or of article 77 , by providing a reference to a council decision or other legal act proving this fact ; the list of programmes co - financed either by the erdf or by the cf and the part of the 2012 and 2013 allocations to such programmes that it wants to take out of those programmes in order to reallocate those amounts to the risk - sharing instrument ; the list of proposed projects pursuant to paragraph 4 and the part of the 2012 and 2013 allocations that it wants to take out of the programmes in order to reallocate those amounts to the risk - sharing instrument ; the amount available for its exclusive benefit within its cohesion policy financial allocation pursuant to article 18 and an indication on the amount , which could be earmarked for the objectives of the risk - sharing instrument exclusively from the eu budget commitments which remain to be effected in years 2012 and 2013 pursuant to article 75 ; 7 . the commission - after verifying that the member state request is justified - shall adopt within four months a decision describing the system established to guarantee that the amount available is used for the exclusive benefit of the member state which provided it within its cohesion policy financial allocation pursuant to article 18 , as well as on the concrete terms and conditions of the participation of the requesting member state in the risk sharing instrument . the concrete terms and conditions shall in particular address the following : traceability and accounting , information on the use of the funds , payments conditions and monitoring and control systems ; structure of the fees and other administrative and management costs ; indicative list of eligible projects for financing and the maximum amount of the union contribution that can be allocated to the risk - sharing instrument from the member state allocations available , and the instalments for practical implementation . the commission decision shall be published in the official journal of the european union . when deciding on the member state request , the commission shall ensure that only projects , for which a favourable financing decision has been taken either by the eib or by a national or international public sector body or body governed by private law with a public service mission , shall be accepted as eligible from being financed from an established risk - sharing instrument . 8 . the commission decision , referred to in paragraph shall be preceded by the revision of the operational programmes concerned under the erdf and cf in accordance with article 33 . 9 . the financial allocations to the risk - sharing instrument shall be strictly capped and shall not exceed 10% of the indicative total allocation for the requesting member state for the years 2007 - 2013 regarding erdf and cf , which was approved in accordance with article 28b . the financial allocations available to the projects in paragraph 4 , subparagraph 2 of this article are limited to the amounts left after financing the operations mentioned in paragraph 4 , subparagraph 1 . beyond the total union contribution to the risk - sharing instrument , endorsed in the decision , referred to in paragraph , the union participation in a risk - sharing instrument shall not create any further contingent liabilities neither for the union budget nor for the member state concerned . 10 . any amount left - over after the completion of an operation covered by the risk sharing instrument may be reused , at the request of the member state concerned , within the risk - sharing instrument , if the member state still meets one of the conditions set out in article 77a , b and c . if the member state no longer meets any of those conditions , the amount left - over shall be considered as assigned revenue within the meaning of article 18 of the financial regulation . at the request of the member state concerned , additional commitment appropriations generated by this assigned revenue shall be added the following year to the cohesion policy financial allocation of the member state concerned . _______________ 1 see : council decision no . 2006 / 702 / ec of 6 october 2006 on community strategic guidelines on cohesion , oj l 291 , 21 . 10 . 2006 , p . 11 . '


### in order to alleviate those problems and to speed up the implementation of the operational programmes and projects , as well as to strengthen the economic recovery , it is appropriate that the managing authorities of the member states having experienced serious difficulties with respect to financial stability and which have been granted financial assistance according to one of the financial assistance mechanisms set out above may contribute financial resources from operational programmes to the establishment of risk sharing instruments providing loans or guarantees or other financial facilities , in support of projects and operations foreseen under an operational programme . ### in order to alleviate those problems and to speed up the implementation of the operational programmes and projects , as well as to strengthen the economic recovery , it is necessary that the member states having experienced serious difficulties with respect to financial stability and which have been granted financial assistance according to one of the financial assistance mechanisms set out in article 77 of regulation no 1083 / 2006 , as amended by regulation no 1311 / 2011 of the european parliament and of the council of 13 december 2011 amending council regulation no 1083 / 2006 as regards certain provisions relating to financial management for certain member states experiencing or threatened with serious difficulties with respect to their financial stability1 , may contribute financial resources from operational programmes to the establishment of risk sharing instruments providing loans or guarantees or other financial facilities , in support of projects and operations foreseen under an operational programme . ___________ 1 oj l 337 , 20 . 12 . 2011 , p . 5 .


### in order to alleviate those problems and to speed up the implementation of the operational programmes and projects , as well as to strengthen the economic recovery , it is appropriate that the managing authorities of the member states having experienced serious difficulties with respect to financial stability and which have been granted financial assistance according to one of the financial assistance mechanisms set out above may contribute financial resources from operational programmes to the establishment of risk sharing instruments providing loans or guarantees or other financial facilities , in support of projects and operations foreseen under an operational programme . ### in order to alleviate those problems and to speed up the implementation of the operational programmes and projects , as well as to strengthen the economic recovery , it is appropriate that the managing authorities of all member states may contribute financial resources from operational programmes to the establishment of risk sharing instruments providing loans or guarantees or other financial facilities , in support of projects and operations foreseen under an operational programme . in addition , infrastructure and sme projects relevant in the context of economic recovery and job creation in the member states concerned can also be supported .


### in article 36 , the following paragraph 2a is inserted : ' 2a . member states meeting one of the conditions set out in article 77 , may contribute a part of the financial allocations indicated in article 19 and article 20 to a risk sharing instrument , to be established by the commission in agreement with the european investment bank , or in agreement with national or international public sector bodies or bodies governed by private law with a public service mission providing adequate guarantees as referred to in article 54 of regulation no 1605 / 2002 , under similar terms and conditions to those applied to and by the european investment bank , to cover the provisioning and capital allocation of guarantees and loans , as well as other financial facilities , granted under the risk sharing instrument . such risk sharing instrument shall be used exclusively for loans and guarantees , as well as other financial facilities , to finance operations co - financed by the european regional development fund or the cohesion fund , regarding expenditure which is not covered by article 56 . the risk sharing instrument shall be implemented by the commission within the framework of indirect centralised management in accordance with article 54 of regulation no 1605 / 2002 . payments to the risk sharing instrument shall be made in tranches , in accordance with the scheduled use of the risk sharing instrument in providing loans and guarantees financing specific operations . the member state concerned shall address a request to the commission who shall adopt a decision by means of an implementing act , describing the system established to guarantee that the amount available is used for the exclusive benefit of the member state which provided it within its cohesion policy financial allocation pursuant to article 18 , as well as the terms and conditions applicable to such risk sharing instrument . these terms and conditions shall at least address the following : traceability and accounting , information on the use of the funds and monitoring and control systems ; and structure of the fees and other administrative and management costs . the financial allocations to the risk - sharing instrument shall be strictly capped and shall not create contingent liabilities for the union budget or the member state concerned . any amount left - over after the completion of an operation covered by the risk sharing instrument may be reused , at the request of the member sate concerned , within the risk - sharing instrument , if the member state still meets one of the conditions set out as specified in article 77 . if the member state no longer meets those conditions , the amount left - over shall be considered as assigned revenue within the meaning of article 18 of the financial regulation . at the request of the member state concerned , additional commitment appropriations generated by this assigned revenue shall be added the following year to the cohesion policy financial allocation of the member state concerned . ' ### the following article is inserted : ' article 36a risk sharing instrument for the purpose of this article a risk - sharing instrument means a financial instrument which guarantees the total or partial coverage of a defined risk , where appropriate in exchange for an agreed remuneration . 2 . member states meeting one of the conditions set out in article 77a , b and c , may contribute a part of the financial allocations indicated in article 19 and article 20 to a risk - sharing instrument , which shall be established by means of a cooperation agreement , to be concluded by the commission either with the european investment bank , or with national or international public sector bodies or bodies governed by private law with a public service mission providing adequate guarantees as referred to in article 54 of regulation no 1605 / 2002 , under similar terms and conditions to those applied to and by the european investment bank , to cover the provisioning and capital allocation of guarantees and loans , as well as other financial facilities , granted under the risk - sharing instrument . 3 . the cooperation agreement , referred to in paragraph 2 , shall contain rules in particular on the following : the total amount of the union contribution and the schedule about how it will be made available ; the trust account conditions to be set up by the contracted implementing body ; the eligibility criteria for the use of the union contribution , the details of the exact risk - sharing , to be ensured and the guarantees to be provided by the contracted implementing body ; the pricing of the instrument , based on the risk margin and the coverage of all the administrative costs of the instrument ; the application and approval procedure of the project proposals , covered by the instrument , including a cost - benefit analysis that comprises a risk assessment and the foreseeable impact on the sector concerned and on the socio - economic situation of the member state and / or the region ; the period of availability of the instrument and the reporting requirements . the exact risk - sharing , which shall be undertaken in the cooperation agreement by the contracted implementing body , shall as an average aim at being at least 1 , 5 times the amount of the union contribution to the risk - sharing instrument . payments to the risk sharing instrument shall be made in tranches , in accordance with the scheduled use of the risk sharing instrument in providing loans and guarantees financing specific operations . 4 . the risk - sharing instrument shall be used to finance operations co - financed by the european regional development fund or the cohesion fund , regarding , by way of derogation from article 54 , investment costs which cannot be taken into account as eligible expenditure pursuant to article 55 or as public expenditure as defined in article 2 , pursuant to the eu rules on state aids . it may also be used to finance operations , which contribute to the achievement of the objectives of the national strategic reference framework of the requesting member state and the community strategic guidelines on cohesion1 , and bring the greatest added value to the union strategy for smart , sustainable and inclusive growth . it may also be used to finance operations resulting from the re - programming of a whole operational programme or parts of an operational programme co - financed by the european regional development fund or the cohesion fund , taking into account the investment opportunities laid down in regulation no 397 / 2009 amending regulation no 1080 / 2006 on the european regional development fund as regards the eligibility of energy efficiency and renewable energy investments in housing and in line with regulation no 437 / 2010 amending regulation no 1080 / 2006 on the european regional development fund as regards the eligibility of housing interventions in favour of marginalised communities . 5 . the risk sharing instrument shall be implemented by the commission within the framework of indirect centralised management in accordance with article 54 and article 56 of regulation no 1605 / 2002 . 6 . an eligible member state seeking to benefit from a risk - sharing instrument shall submit a written request to the commission not later than 31 august 2013 . in its request , the member state shall provide all the information necessary to establish : that it meets one of the conditions referred to in points , or of article 77 , by providing a reference to a council decision or other legal act proving this fact ; the list of programmes co - financed either by the erdf or by the cf and the part of the 2012 and 2013 allocations to such programmes that it wants to reallocate to the risk - sharing instrument ; the list of proposed projects pursuant to paragraph 4 and the part of the 2012 and 2013 allocations that it wants to reallocate to the risk - sharing instrument ; the amount available for its exclusive benefit within its cohesion policy financial allocation pursuant to article 18 and an indication of the amount , which could be earmarked for the objectives of the risk - sharing instrument exclusively from the eu budget commitments which remain to be effected in years 2012 and 2013 pursuant to article 75 ; e ) for all operations that have not been subject to a commission decision under article 41 , the information as required in article 40 ; f ) for requests or parts of requests concerning operations that do not fall under one or more operational programmes co - financed by the european regional development fund or the cohesion fund , a demonstration that the request has been drawn up in cooperation with the partners referred to in article 11 . 7 . the commission - after verifying in the light of the information submitted by the member state that the request is justified - shall adopt within four months a decision by means of an implementing act describing the system established to guarantee that the amount available is used for the exclusive benefit of the member state which provided it within its cohesion policy financial allocation pursuant to article 18 , as well as on the concrete terms and conditions of the participation of the requesting member state in the risk sharing instrument . the concrete terms and conditions shall in particular include the following : traceability , democratic scrutiny and accounting , information on the use of the funds , payments conditions and monitoring and control systems ; the structure of the fees and other administrative and management costs ; an indicative list of eligible projects for financing and the maximum amount of the union contribution that can be allocated to the risk - sharing instrument from the member state allocations available , and the instalments for practical implementation . the commission decision shall be published in the official journal of the european union . when deciding on the member state request , the commission shall ensure that only projects with demonstrable positive impacts on local economies and labour markets , and for which a favourable financing decision has been taken either by the eib or by a national or international public sector body or body governed by private law with a public service mission , shall be accepted as eligible for being financed from an established risk - sharing instrument . 8 . the commission decision , referred to in paragraph shall be preceded by the revision of the operational programmes concerned under the erdf and the cf in accordance with article 33 . 9 . the financial allocations to the risk - sharing instrument shall be strictly capped and shall not exceed 10% of the indicative total allocation for the requesting member state for the years 2007 - 2013 regarding the erdf and the cf , which was approved in accordance with article 28b . the financial allocations available to the projects in paragraph 4 , subparagraph 2 of this article are limited to the amounts left after financing the operations mentioned in paragraph 4 , subparagraph 1 . beyond the total union contribution to the risk - sharing instrument , endorsed in the decision , referred to in paragraph , the union participation in a risk - sharing instrument shall not create any further contingent liabilities either for the union budget or for the member state concerned . 10 . any amount left - over after the completion of an operation covered by the risk sharing instrument may be reused , at the request of the member state concerned , within the risk - sharing instrument , if the member state still meets one of the conditions set out in article 77a , b and c . if the member state no longer meets any of those conditions , the amount left - over shall be considered as assigned revenue within the meaning of article 18 of the financial regulation . at the request of the member state concerned , additional commitment appropriations generated by this assigned revenue shall be added the following year to the cohesion policy financial allocation of the member state concerned . _______________ 1 see : council decision no . 2006 / 702 / ec of 6 october 2006 on community strategic guidelines on cohesion , oj l 291 , 21 . 10 . 2006 , p . 11 . '


### by council decisions 2009 / 102 / ec , 2009 / 290 / ec and 2009 / 459 / ec hungary , latvia and romania respectively were granted such financial assistance . ### by council decisions 2009 / 102 / ec and 2009 / 459 / ec hungary and romania respectively were granted such financial assistance .


### in article 36 , the following paragraph 2a is inserted : ' 2a . member states meeting one of the conditions set out in article 77 , may contribute a part of the financial allocations indicated in article 19 and article 20 to a risk sharing instrument , to be established by the commission in agreement with the european investment bank , or in agreement with national or international public sector bodies or bodies governed by private law with a public service mission providing adequate guarantees as referred to in article 54 of regulation no 1605 / 2002 , under similar terms and conditions to those applied to and by the european investment bank , to cover the provisioning and capital allocation of guarantees and loans , as well as other financial facilities , granted under the risk sharing instrument . such risk sharing instrument shall be used exclusively for loans and guarantees , as well as other financial facilities , to finance operations co - financed by the european regional development fund or the cohesion fund , regarding expenditure which is not covered by article 56 . the risk sharing instrument shall be implemented by the commission within the framework of indirect centralised management in accordance with article 54 of regulation no 1605 / 2002 . payments to the risk sharing instrument shall be made in tranches , in accordance with the scheduled use of the risk sharing instrument in providing loans and guarantees financing specific operations . the member state concerned shall address a request to the commission who shall adopt a decision by means of an implementing act , describing the system established to guarantee that the amount available is used for the exclusive benefit of the member state which provided it within its cohesion policy financial allocation pursuant to article 18 , as well as the terms and conditions applicable to such risk sharing instrument . these terms and conditions shall at least address the following : traceability and accounting , information on the use of the funds and monitoring and control systems ; and structure of the fees and other administrative and management costs . the financial allocations to the risk - sharing instrument shall be strictly capped and shall not create contingent liabilities for the union budget or the member state concerned . any amount left - over after the completion of an operation covered by the risk sharing instrument may be reused , at the request of the member sate concerned , within the risk - sharing instrument , if the member state still meets one of the conditions set out as specified in article 77 . if the member state no longer meets those conditions , the amount left - over shall be considered as assigned revenue within the meaning of article 18 of the financial regulation . at the request of the member state concerned , additional commitment appropriations generated by this assigned revenue shall be added the following year to the cohesion policy financial allocation of the member state concerned . ' ### in article 36 , the following paragraph 2a is inserted : ' 2a . member states may contribute a part of the financial allocations indicated in article 19 and article 20 to a risk - sharing instrument , to be established by the commission in agreement with the european investment bank , or in agreement with national or international public sector bodies or bodies governed by private law with a public service mission providing adequate guarantees as referred to in article 54 of regulation no 1605 / 2002 , under similar terms and conditions to those applied to and by the european investment bank , to cover the provisioning and capital allocation of guarantees and loans , as well as other financial facilities , granted under the risk - sharing instrument . such risk - sharing instruments shall be used exclusively for loans and guarantees , as well as other financial facilities , to finance operations co - financed by the european regional development fund or the cohesion fund , or infrastructure and sme projects relevant in the context of economic recovery and job creation in the member states concerned . the risk - sharing instrument shall be implemented by the commission within the framework of indirect centralised management in accordance with article 54 of regulation no 1605 / 2002 . payments to the risk - sharing instrument shall be made in tranches , in accordance with the scheduled use of the risk - sharing instrument in providing loans and guarantees financing specific operations . at the request of the member state concerned , the commission shall adopt a decision , in accordance with the request of the member state concerned , by means of an implementing act , describing the system established to guarantee that the amount available is used for the exclusive benefit of the member state which provided it within its cohesion policy financial allocation pursuant to article 18 , as well as the terms and conditions applicable to such risk sharing instrument . these terms and conditions shall at least address the following : traceability and accounting , information on the use of the funds and monitoring and control systems ; and structure of the fees and other administrative and management costs . the financial allocations to the risk - sharing instrument shall be strictly capped and shall not create contingent liabilities for the union budget or the member state concerned . any amount left - over after the completion of an operation covered by the risk sharing instrument may be reused at the request of the member sate concerned within the risk - sharing instrument until the end of the 2007 - 2013 programming period or will be considered as assigned revenue within the meaning of article 18 of the financial regulation . at the request of the member state concerned , additional commitment appropriations generated by this assigned revenue shall be added the following year to the cohesion policy financial allocation of the member state concerned . '


### on 11 july 2011 , finance ministers of the 17 euro - area member states signed the treaty establishing the european stability mechanism . it is foreseen that by 2013 , the esm will assume the tasks currently fulfilled by the european financial stability facility and the european financial stabilisation mechanism . this future mechanism should therefore already be taken into account by this regulation . ### on 2 february 2012 , the 17 euro - area member states signed the treaty establishing the european stability mechanism . it is foreseen that by july 2012 the esm enters into force and will assume the tasks currently fulfilled by the european financial stability facility and the european financial stabilisation mechanism . the esm should therefore be taken into account by this regulation .


### such risk sharing instrument shall be used exclusively for loans and guarantees , as well as other financial facilities , to finance operations co - financed by the european regional development fund or the cohesion fund , regarding expenditure which is not covered by article 56 . ### such risk sharing instrument shall be used exclusively for loans and guarantees , as well as other financial facilities , to finance operations co - financed by the european regional development fund or the cohesion fund , or infrastructure , sme projects and productive investment projects relevant to the economic recovery and job creation in the member states concerned , and to ensure compliance with the objectives of the europe 2020 strategy . for the member states meeting one of the conditions set out in the second paragraph of article 77 , such risk sharing instrument shall also be used for operations linked to cohesion policy objectives which are not co - financed by national strategic reference framework programmes .