### if the existence of a restrictive and / or discriminatory procurement measure or practice in a third country is confirmed , the commission should invite the country concerned to enter into consultations with a view to improving the tendering opportunities for union economic operators , goods and services in respect of public procurement in that country . ### if the existence of a restrictive and / or discriminatory procurement or concessions measure or practice in a third country is confirmed , the commission should invite the country concerned to enter into consultations with a view to improving the tendering opportunities for union economic operators , goods and services in respect of public procurement in that country .


### in accordance with the principle of proportionality , it is necessary and appropriate for achievement of the basic objective of establishing a common external policy in the field of public procurement to lay down common rules on the treatment of tenders which include goods and services not covered by the international commitments of the union . this regulation does not go beyond what is necessary in order to achieve the objectives pursued , in accordance with the fourth paragraph of article 5 of the treaty on european union , ### in accordance with the principle of proportionality , it is necessary and appropriate for achievement of the basic objective of establishing a common external policy in the field of public procurement and concessions to lay down common rules on the treatment of tenders which include goods and services not covered by the international commitments of the union . this regulation does not go beyond what is necessary in order to achieve the objectives pursued , in accordance with the fourth paragraph of article 5 of the treaty on european union ,


### the commission should be able , on its own initiative or at the application of interested parties or a member state , to initiate at any time an investigation into restrictive procurement measures or practices allegedly adopted or maintained by a third country . such investigative procedures should be without prejudice to regulation no 654 / 2014 of the european parliament and of the council . ### the commission should be able , on its own initiative or at the application of interested parties or a member state , to initiate at any time an investigation into restrictive procurement and concessions measures or practices allegedly adopted or maintained by a third country . such investigative procedures should be without prejudice to regulation no 654 / 2014 of the european parliament and of the council .


### member states shall take the necessary measures to ensure that workers have the right to carers ' leave of at least five working days per year , per worker . such right may be subject to appropriate substantiation of the medical condition of the worker ' s relative . ### member states shall take the necessary measures to ensure that workers have the right to carers ' leave of at least five working days per year , per worker . should such a right be subject to appropriate substantiation of the medical condition of the worker ' s relative , this should not hinder those caring for a person for whom a diagnosis and / or a disability assessment are not available , from benefitting from this right .


### “carer” means a worker providing personal care or support in case of a serious illness or dependency of a relative ; ### “carer” means a person in or out of employment providing informal and substantial personal care , assistance or support , on a regular and unpaid basis , in case of a serious illness , disability or dependency of a relative , friend or partner irrespective of the age of the person being cared for ;


### in order to provide greater opportunities to remain in the work force for men and women carrying of elderly family member and / or other relatives in need of care , workers with a seriously ill or dependant relative should have the right to take time off from work in the form of carers’ leave to take care of that relative . to prevent abuse of that right , proof of the serious illness or dependency may be required prior to granting of the leave . ### in order to provide greater opportunities to remain in the work force for men and women carrying for elderly family member and / or other relatives in need of care , workers with a seriously ill or dependant relative should have the right to take time off from work in the form of carers’ leave to take care of that relative . to prevent abuse of that right , proof of the serious illness or dependency may be required prior to granting of the leave .


### in order to provide greater opportunities to remain in the work force for men and women carrying of elderly family member and / or other relatives in need of care , workers with a seriously ill or dependant relative should have the right to take time off from work in the form of carers’ leave to take care of that relative . to prevent abuse of that right , proof of the serious illness or dependency may be required prior to granting of the leave . ### in order to provide greater opportunities to remain in the workforce for men and women who , due to an emergency , have to care for an elderly family member and / or other relatives in need of care , workers with a seriously ill or dependent relative should have the right to take time off from work in the form of carers’ leave to take care of that relative , organise appropriate nursing , or arrange for care to be provided from another source . to prevent abuse of that right , proof of the serious illness or dependency should be furnished on request prior to granting of the leave .


### member states shall take the necessary measures to ensure that workers have the right to request parental leave also on a part - time basis , in blocks separated by periods of work or in other flexible forms . employers shall consider and respond to such requests , taking into account the needs of both employers and workers . employers shall justify any refusal of such a request in writing . ### member states shall take the necessary measures to ensure that workers have the right to request parental leave also on a part - time basis , in blocks separated by periods of work or in other flexible forms . employers shall consider and respond to such requests , taking into account the needs of both employers and workers . employers shall justify any refusal of such a request .


### member states shall take the necessary measures to ensure that fathers have the right to take paternity leave of at least ten working days on the occasion of the birth of a child . ### member states shall take the necessary measures to ensure that fathers have the right to take paternity leave of at least ten working days within the first year of a child ' s life , preferably on the occasion of the birth or adoption of a child .


### member states shall take the necessary measures to ensure that workers with children up to a given age , which shall be at least twelve , and carers , have the right to request flexible working arrangements for caring purposes . the duration of such flexible working arrangements may be subject to a reasonable limitation . ### member states shall take the necessary measures to ensure that workers with children up to a given age , which shall be at least eight , and carers , have the right to request flexible working arrangements for caring purposes . the duration of such flexible working arrangements may be subject to a reasonable limitation .


### in order to provide greater possibility for parents to use parental leave as their children grow up , the right to parental leave should be granted until the child is at least twelve years old . member states should be able to specify the period of notice to be given by the worker to the employer when applying for parental leave and to decide whether the right to parental leave may be subject to a certain period of service . in view of the growing diversity of contractual arrangements , the sum of successive fixed - term contracts with the same employer should be taken into account for the purpose of calculating the period of service . to balance the needs of workers with those of employers , member states should also be able to decide whether they define if the employer may be allowed to postpone the granting of parental leave under certain circumstances . in such cases , the employer should provide justification for the postponement . given that flexibility makes it more likely that second parents , in particular fathers , will take up their entitlement to such leave , workers should be able to request to take parental leave on a full - time or part - time basis or in other flexible forms . it should be up to the employer whether or not to accept such a request for parental leave in other flexible forms than full - time . member states should also assess if the conditions and detailed arrangements of parental leave should be adapted to the specific needs of parents in particularly disadvantaged situations . ### in order to provide greater possibility for parents to use parental leave as their children grow up , the right to parental leave should be granted until the child is at least eight years old . member states should be able to specify taking into account in particular the constraints of micro , small and medium - sized businesses , a reasonable period of notice to be given by the worker to the employer when applying for parental leave . in order to deter potential abuse , the member states should be able to introduce a requirement of a minimum period of service before a worker is entitled to benefit from that right , with a maximum duration of one year . in view of the growing diversity of contractual arrangements , the sum of successive fixed - term contracts with the same employer should be taken into account for the purpose of calculating the period of service . to balance the needs of workers with those of employers , member states should also be able to decide whether they define if the employer may be allowed to postpone the granting of parental leave under certain circumstances . in such cases , the employer should provide justification for the postponement . given that flexibility makes it more likely that second parents , in particular fathers , will take up their entitlement to such leave , workers should be able to request to take parental leave on a full - time or part - time basis or in other flexible forms . it should be up to the employer whether or not to accept such a request for parental leave in other flexible forms than full - time . member states should also assess if the conditions and detailed arrangements of parental leave should be adapted to the specific needs of parents in particularly disadvantaged situations , in particular with regard to children with disabilities , serious medical conditions or illness , in accordance with their national law and practice .


### work - life balance policies should contribute to the achievement of gender equality by promoting the participation of women in the labour market , making it easier for men to share caring responsibilities on an equal basis with women , and closing gender gaps in earnings and pay . such policies should take into account demographic changes including the effects of an ageing population . ### work - life balance policies should contribute to the achievement of equality of access to work by promoting the participation of women in the labour market and the participation of men in childcare , making it easier for men to share caring responsibilities on an equal basis with women , and closing gender gaps in earnings , pay and pensions . such policies should tackle negative demographic changes including the effects of an ageing population .


### member states may define the circumstances in which an employer , following consultation in accordance with national law , collective agreements and / or practice , may be allowed to postpone the granting of parental leave by a reasonable period of time on the grounds that it would seriously disrupt the good functioning of the establishment . employers shall justify any postponement of parental leave in writing . ### member states may define the circumstances in which an employer , following consultation in accordance with national law , collective agreements and / or practice , may be allowed to postpone the granting of parental leave by a reasonable period of time on the grounds that it would seriously disrupt the good functioning of the establishment . employers shall justify any postponement of parental leave . in addition , member states may authorise special arrangements to meet the operational and organisational requirements of micro , small and medium - sized undertakings .


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


### member states may introduce or maintain provisions that are more favourable to workers than those laid down in this directive . they shall however ensure that at least four months of parental leave remain non - transferable in accordance with article 5 . ### member states may introduce or maintain provisions that are more favourable to workers than those laid down in this directive , provided that such provisions are not excessively burdensome for employers , especially small and middle sized enterprises . they shall however ensure that at least one month of parental leave remains non - transferable in accordance with article 5 .


### ' carer ' means a worker providing personal care or support in case of a serious illness or dependency of a relative ; ### ' carer ' means a worker providing personal care or support to a relative in need of care or support due to a serious medical reason ;


### “dependency” means a situation in which a person is , temporarily or permanently , in need of care due to disability or a serious medical condition other than serious illness ; ### “dependency” means a state in which a person is , temporarily or permanently , in need of care and not able to manage and take responsibility over normal activities due to a medical condition or disability ;


### ' paternity leave ' means leave from work for fathers to be taken on the occasion of the birth of a child ; ### ' paternity leave ' means paid leave from work for fathers on the grounds of the birth or adoption of a child , to be taken within the first year , of the child ' s life , preferably on the occasion of the birth or adoption of a child ;


### in order to provide greater opportunities to remain in the work force for men and women carrying of elderly family member and / or other relatives in need of care , workers with a seriously ill or dependant relative should have the right to take time off from work in the form of carers ' leave to take care of that relative . to prevent abuse of that right , proof of the serious illness or dependency may be required prior to granting of the leave . ### in order to provide greater opportunities to remain in the work force for men and women carrying of elderly family member and / or other relatives in need of care , workers with a relative in need of care or support due to a serious medical reason should have the right to take time off from work in the form of carers ' leave to take care of that relative . to prevent abuse of that right , medical proof of the serious medical reason should be required prior to granting of the leave .


### the current union legal framework provides limited incentives for men to assume an equal share of caring responsibilities . lack of paid paternity and parental leave in many member states contributes to the low take - up of such leave by fathers . the imbalance in the design of work - life balance policies between women and men reinforces gender differences between work and care . conversely , use of work - life balance arrangements by fathers , such as leave or flexible working arrangements , has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment . ### the current union legal framework provides limited incentives for men to assume an equal share of caring responsibilities . lack of paid paternity and parental leave in many member states contributes to the low take - up of such leave by fathers . the imbalance in the design of work - life balance policies between women and men reinforces differences between women and men across work and care . conversely , use of work - life balance arrangements by fathers , such as leave or flexible working arrangements , has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment . the directive fully respects the freedom and preferences of individuals and families to organise their lives and does not impose on them any obligation to use the benefit of its provisions .


### in order to provide greater opportunities to remain in the work force for men and women carrying of elderly family member and / or other relatives in need of care , workers with a seriously ill or dependant relative should have the right to take time off from work in the form of carers’ leave to take care of that relative . to prevent abuse of that right , proof of the serious illness or dependency may be required prior to granting of the leave . ### in order to provide greater opportunities to remain in the work force for men and women carrying of elderly family member and / or other relatives in need of care , workers with a seriously ill or dependant relative should have the right to take time off from work in the form of carers’ leave to take care of that relative . this not only reflects the current care provision reality , within creasing care needs on the one hand and a deficit in the supply of formal long - term care options , it will help carers to maintain their attachment to the labour market and prevent them from dropping out altogether when faced with a particularly intensive period of care . finally , it will also help employers to mitigate the cost of absenteeism , presenteeism and the erosion of motivation and performance among working carers . informal care is the bedrock of care provision and carers need to be enabled to care . to prevent abuse of that right , proof of the serious illness or dependency may be required prior to granting of the leave .


### in order to encourage a more equal sharing of caring responsibilities between women and men , the right to paternity leave for fathers to be taken on the occasion of the birth of a child should be introduced . in order to take account of differences among member states , the right to paternity leave should be irrespective of marital or family status as defined in national law . ### in order to encourage a more equal sharing of caring responsibilities between women and men , the possibility of paternity leave for fathers , to be taken on the occasion of the birth of a child , should be introduced . as regards the right to paternity leave , marital or family status as defined in national law should be taken into consideration .


### work - life balance policies should contribute to the achievement of gender equality by promoting the participation of women in the labour market , making it easier for men to share caring responsibilities on an equal basis with women , and closing gender gaps in earnings and pay . such policies should take into account demographic changes including the effects of an ageing population . ### work - life balance policies should contribute to the achievement of gender equality by promoting the participation of women in the labour market , making it easier for men to share caring responsibilities on an equal basis with women , and closing gender gaps in earnings and pay .


### member states shall take the necessary measures to ensure that fathers have the right to take paternity leave of at least ten working days on the occasion of the birth of a child . ### member states may provide that fathers are entitled to paternity leave of , where possible , not less than ten days on the occasion of the birth of a child .


### where member states allow one parent to transfer their parental leave entitlement to the other parent , they shall ensure that at least four months of parental leave cannot be transferred . ### where member states allow one parent to transfer their parental leave entitlement to the other parent , they shall ensure that at least two months of parental leave cannot be transferred .


### “relative” means a worker ' s son , daughter , mother , father , spouse or partner in civil partnership , where such partnerships are envisaged by national law ; ### “relative” means first - degree relatives , and second - degree relatives , as well as spouse or partner in civil partnership , where such partnerships are envisaged by national law , step - and foster children , both in the own and in the spouse’s or partner’s family .


### where member states allow one parent to transfer their parental leave entitlement to the other parent , they shall ensure that at least four months of parental leave cannot be transferred . ### where member states allow one parent to transfer their parental leave entitlement to the other parent , they shall provide at least two additional months of paid parental leave to couples that share at least half of the respective entitlements granted to them by national law .


### member states shall take the necessary measures to ensure that workers have the right to carers’ leave of at least five working days per year , per worker . such right may be subject to appropriate substantiation of the medical condition of the worker’s relative . ### member states shall take the necessary measures to ensure that workers have the right to be absent from work for not less than five , but not more than ten working days per year where this is required in case of emergency in order to organise appropriate care for a dependent close relative or ensure that nursing care can be provided during the period concerned . such a right may be subject , where an employer so requests , to a medical certificate confirming the dependency of the close relative in question .


### member states shall take the necessary measures to ensure that workers have the right to carers ' leave of at least five working days per year , per worker . such right may be subject to appropriate substantiation of the medical condition of the worker ' s relative . ### member states shall take the necessary measures to ensure that workers have the right to carers ' leave of at least five working days per year , per worker . such right shall be subject to appropriate medical substantiation of the medical condition of the worker ' s relative .


### work - life balance remains however a considerable challenge for many parents and workers with caring responsibilities , with a negative impact on female employment . a major factor contributing to the underrepresentation of women in the labour market is the difficulty of balancing work and family obligations . when they have children , women tend to work less hours in paid employment and spend more time fulfilling unpaid care responsibilities . having an ill or dependent relative has also been shown to have a negative impact on female employment , leading some women to drop out of the labour market entirely . ### work - life balance remains however a considerable challenge for many parents and workers with caring responsibilities , with a negative impact on female employment . a major factor contributing to the underrepresentation of women in the labour market is the difficulty of balancing work and family obligations . when they have children , women tend to work less hours in paid employment and spend more time fulfilling unpaid care responsibilities . having an ill or dependent relative has also been shown to have a negative impact on female employment , leading some women to drop out of the labour market entirely . this in turn has negative financial consequences , as the social security and pension rights of these carers may be affected as a result . research and practice also demonstrate the business case in addressing the needs of working carers , including outcomes such as reduced absenteeism , attracted and retained staff , and better motivation of staff .


### work - life balance remains however a considerable challenge for many parents and workers with caring responsibilities , with a negative impact on female employment . a major factor contributing to the underrepresentation of women in the labour market is the difficulty of balancing work and family obligations . when they have children , women tend to work less hours in paid employment and spend more time fulfilling unpaid care responsibilities . having an ill or dependent relative has also been shown to have a negative impact on female employment , leading some women to drop out of the labour market entirely . ### reconciliation of family and professional life remains however a considerable challenge for many parents and workers with caring responsibilities , with a negative impact on female employment . a major factor contributing to the underrepresentation of women in the labour market is the difficulty of balancing family and work responsibilities . when they have children , women tend to work less hours in paid employment and spend more time fulfilling unpaid care responsibilities . having an ill or dependent relative has also been shown to have a negative impact on female employment , leading some women to drop out of the labour market entirely .


### “carer” means a worker providing personal care or support in case of a serious illness or dependency of a relative ; ### “carer” means a person in or out of employment providing informal and substantial personal care , assistance or support , on a regular and unpaid basis , in case of a serious illness , disability or dependency of a relative , friend or partner irrespective of the age of the person being cared for ;


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


### in order to encourage working parents and carers to remain in the work force , those workers should be able to adapt their working schedules to their personal needs and preferences . working parents and carers should therefore be able to request flexible working arrangements , meaning the possibility for workers to adjust their working patterns , including through the use of remote working arrangements , flexible working schedules , or a reduction in working hours , for caring purposes . in order to address the needs of workers and employers , it should be possible for member states to limit the duration of flexible working arrangements , including a reduction in working hours . while working part - time has been shown to be useful in allowing some women to remain in the labour market after having children , long periods of reduced working hours may lead to lower social security contributions translating into reduced or non - existing pension entitlements . the ultimate decision as to whether or not to accept a worker’s request for flexible working arrangements should lie with the employer , specific circumstances underlying the need for flexible working arrangements can change . workers should therefore not only have the right to return to their original working patterns at the end of a given agreed period , but should also be able to request to do so at any time where a change in the underlying circumstances so requires . ### in order to encourage working parents and carers to remain in the work force , those workers should be able to adapt their working schedules to their personal needs and preferences . working parents and carers should therefore be able to request flexible working arrangements , meaning the possibility for workers to adjust their working patterns , including through the use of remote working arrangements , flexible working schedules , or a reduction in working hours , for caring purposes . in order to address the needs of workers and employers , it should be possible for member states to limit the duration of flexible working arrangements , including a reduction in working hours . while working part - time has been shown to be useful in allowing some women to remain in the labour market after having children , long periods of reduced working hours may lead to lower social security contributions translating into reduced or non - existing pension entitlements . while the ultimate decision as to whether or not to accept a worker’s request for flexible working arrangements should lie with the employer , specific circumstances underlying the need for flexible working arrangements can change . workers should therefore not only have the right to return to their original working patterns at the end of a given agreed period , but should also be able to request to do so at any time where a change in the underlying circumstances so requires .


### when flexible working arrangements referred to in paragraph 1 are limited in duration , the worker shall have the right to return to the original working pattern at the end of the agreed period . the worker shall also have the right to request to return to the original working pattern whenever a change of circumstances so justifies . employers shall be obliged to consider and respond to such requests , taking into account the needs of both employers and workers . ### when flexible working arrangements referred to in paragraph 1 are limited in duration , the worker shall have the right to return to the original working pattern at the end of the agreed period . employers shall be obliged to consider and respond to such requests , taking into account the needs of both employers and workers .


### in order to encourage a more equal sharing of caring responsibilities between women and men , the right to paternity leave for fathers to be taken on the occasion of the birth of a child should be introduced . in order to take account of differences among member states , the right to paternity leave should be irrespective of marital or family status as defined in national law . ### in order to encourage a more equal sharing of caring responsibilities between women and men , the right to paternity leave for fathers to be taken on the occasion of the birth of a child should be introduced .


### the current union legal framework provides limited incentives for men to assume an equal share of caring responsibilities . lack of paid paternity and parental leave in many member states contributes to the low take - up of such leave by fathers . the imbalance in the design of work - life balance policies between women and men reinforces gender differences between work and care . conversely , use of work - life balance arrangements by fathers , such as leave or flexible working arrangements , has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment . ### the current union legal framework provides limited incentives for men to assume an equal share of caring responsibilities . lack of paid paternity and parental leave in many member states contributes to the low take - up of such leave by fathers . the imbalance in the design of work - life balance policies between women and men reinforces disproportional distribution of care responsibilities between parents . conversely , use of work - life balance arrangements by fathers , such as leave or flexible working arrangements , has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment .


### member states may introduce or maintain provisions that are more favourable to workers than those laid down in this directive . they shall however ensure that at least four months of parental leave remain non - transferable in accordance with article 5 . ### member states may introduce or maintain provisions that are more favourable to workers than those laid down in this directive . they shall , however , ensure that at least two months of parental leave remain non - transferable in accordance with article 5 .


### member states shall lay down rules on penalties applicable to breaches of national provisions adopted pursuant to this directive or the relevant provisions already in force concerning the rights which are within the scope of this directive . member states shall take all measures necessary to ensure that those penalties are applied . penalties shall be effective , proportionate and dissuasive . they may take the form of a fine . they may also comprise payment of compensation . ### member states shall lay down rules on penalties applicable to breaches of national provisions adopted pursuant to this directive or the relevant provisions already in force concerning the rights which are within the scope of this directive . member states shall take all measures necessary to ensure that those penalties are effective , proportionate and dissuasive .


### equality between men and women is a fundamental principle of the union . according to article 3 of the treaty on european union the promotion of equality between women and men is one of the union’s aims . similarly , article 23 of the charter of fundamental rights of the european union requires equality between women and men to be ensured in all areas , including employment , work and pay . ### equality between men and women is a fundamental principle of the union . according to article 3 of the treaty on european union the promotion of equality between women and men is one of the union’s aims and according to article 8 of the treaty on the functioning of the european union equality between women and men should be promoted in all activities of the european union . similarly , article 23 of the charter of fundamental rights of the european union requires equality between women and men to be ensured in all areas , including employment , work and pay .


### in order to encourage working parents and carers to remain in the work force , those workers should be able to adapt their working schedules to their personal needs and preferences . working parents and carers should therefore be able to request flexible working arrangements , meaning the possibility for workers to adjust their working patterns , including through the use of remote working arrangements , flexible working schedules , or a reduction in working hours , for caring purposes . in order to address the needs of workers and employers , it should be possible for member states to limit the duration of flexible working arrangements , including a reduction in working hours . while working part - time has been shown to be useful in allowing some women to remain in the labour market after having children , long periods of reduced working hours may lead to lower social security contributions translating into reduced or non - existing pension entitlements . the ultimate decision as to whether or not to accept a worker’s request for flexible working arrangements should lie with the employer , specific circumstances underlying the need for flexible working arrangements can change . workers should therefore not only have the right to return to their original working patterns at the end of a given agreed period , but should also be able to request to do so at any time where a change in the underlying circumstances so requires . ### in order to encourage working parents and carers to remain in the work force , those workers should be able to adapt their working schedules to their personal needs and preferences . working parents and carers should therefore be able to request flexible working arrangements , meaning the possibility for workers to adjust their working patterns , including through the use of remote working arrangements , flexible working schedules , or a reduction in working hours , for caring purposes . in order to deter potential abuse , the member states should be able to introduce a requirement of a minimum period of service before a worker is entitled to benefit from that right , with a maximum duration of one year . in order to address the needs of workers and employers , it should be possible for member states to limit the duration of flexible working arrangements , including a reduction in working hours . while working part - time has been shown to be useful in allowing some women to remain in the labour market after having children , long periods of reduced working hours may lead to lower social security contributions translating into reduced or non - existing pension entitlements . the ultimate decision as to whether or not to accept a worker’s request for flexible working arrangements should lie with the employer , specific circumstances underlying the need for flexible working arrangements can change . workers should therefore not only have the right to return to their original working patterns at the end of a given agreed period , but should also be able to request to do so at any time where a change in the underlying circumstances so requires .


### member states shall take the necessary measures to ensure that workers have an individual right to parental leave of at least four months to be taken before the child reaches a given age which shall be at least twelve . ### member states shall take the necessary measures to ensure that workers have a right to parental leave of at least four months to be taken before the child reaches a given age which shall be at least twelve . member states shall assess the possibility of broadening the relevant provisions , so as to allow the parents to transfer their parental leave entitlement to the grandparents .


### work - life balance policies should contribute to the achievement of gender equality by promoting the participation of women in the labour market , making it easier for men to share caring responsibilities on an equal basis with women , and closing gender gaps in earnings and pay . such policies should take into account demographic changes including the effects of an ageing population . ### work - life balance policies should contribute to the achievement of equality of access to work by promoting the participation of women in the labour market and the participation of men in childcare , making it easier for men to share caring responsibilities on an equal basis with women , and closing gender gaps in earnings , pay and pensions . such policies should tackle negative demographic changes including the effects of an ageing population .


### member states shall assess the need for the conditions of access and detailed arrangements for the application of parental leave to be adapted to the needs of adoptive parents , parents having a disability and parents with children with a disability or long - term illness . ### member states shall assess the need for the conditions of access and detailed arrangements for the application of parental leave to be adapted to the needs of adoptive parents , single parents , parents having a disability and parents with children with a disability or long - term illness .


### this directive should avoid imposing administrative , financial and legal constraints in a way which would hold back the creation and development of small and medium - sized undertakings . member states are therefore invited to assess the impact of their transposition act on smes in order to make sure that smes are not disproportionately affected , with specific attention for micro - enterprises and for administrative burden . ### this directive should avoid imposing administrative , financial and legal constraints in a way which would hold back the creation and development of small and medium - sized undertakings . member states are therefore invited to assess the impact of their transposition act on smes in order to make sure that smes are not disproportionately affected , with specific attention for micro - enterprises and for administrative burden . member states may choose to reduce the administrative burden for smes and micro - enterprises , without significantly diminishing the rights of workers of smes and micro - enterprises established by this directive , and essentially maintaining an equality of treatment of workers of such enterprises and of workers of other enterprises


### member states shall take the necessary measures to ensure that workers have the right to carers ' leave of at least five working days per year , per worker . such right may be subject to appropriate substantiation of the medical condition of the worker ' s relative . ### member states shall take the necessary measures to ensure that workers have the right to carers ' leave of at least five working days per year , per worker . should such a right be subject to appropriate substantiation of the medical condition of the worker ' s relative , this should not hinder those caring for a person for whom a diagnosis and / or a disability assessment are not available , from benefitting from this right .


### member states shall take the necessary measures to ensure that workers with children up to a given age , which shall be at least twelve , and carers , have the right to request flexible working arrangements for caring purposes . the duration of such flexible working arrangements may be subject to a reasonable limitation . ### member states shall take the necessary measures to ensure that workers with children or grandchildren up to a given age , which shall be at least twelve , and carers , have the right to request flexible working arrangements for caring purposes . the duration of such flexible working arrangements may be subject to a reasonable limitation .


### if there are no endorsements attesting recognition issued by a member state in relation to certificates of competency or certificates of proficiency , referred to in paragraph 1 of article 19 , issued by a third country for a period of more than 5 years , the recognition of that country ' s certificates shall be withdrawn . to this end , the commission shall adopt implementing decisions , in accordance with the examination procedure referred to in article 28 , after notifying the member states as well as the third country concerned at least two months in advance . ### if there are no endorsements attesting recognition issued by a member state in relation to certificates of competency or certificates of proficiency , referred to in paragraph 1 of article 19 , issued by a third country for a period of more than 10 years , the recognition of that country ' s certificates shall be re - examined . to this end , the commission shall adopt implementing decisions , in accordance with the examination procedure referred to in article 28 , after notifying the member states as well as the third country concerned at least two months in advance .


### directive 2008 / 106 / ec also contains a centralised mechanism for the recognition of seafarers ' certificates issued by third countries . the regulatory fitness programme evaluation14 showed that significant cost savings for the member states were achieved since the introduction of the centralised mechanism . however , the evaluation also revealed that , with regard to some of the recognised third countries , only a very limited number of seafarers was subsequently employed in union vessels . therefore , in order to use the available human and financial resources in a more efficient way , the procedure for the recognition of third countries should be based on an analysis of the need for such recognition , including an estimation of the number of masters and officers originating from that country who are likely to be employed in union vessels . __________________ 14 swd19 . ### directive 2008 / 106 / ec also contains a centralised mechanism for the recognition of seafarers ' certificates issued by third countries . the regulatory fitness programme evaluation14 showed that significant cost savings for the member states were achieved since the introduction of the centralised mechanism . however , the evaluation also revealed that , with regard to some of the recognised third countries , only a very limited number of endorsements attesting to the recognition of certificates were issued by member states in relation to certificates of competency or certificates of proficiency issued by these third countries . __________________ 14 swd19 .


### when a positive decision for initiating the recognition procedure has been adopted , the commission , assisted by the european maritime safety agency and with the possible involvement of the member state submitting the request , shall collect the information referred to in annex ii and shall carry out an assessment of the training and certification systems in the third country for which the request for recognition was submitted , in order to verify whether the country concerned meets all the requirements of the stcw convention and whether appropriate measures have been taken to prevent issuance of fraudulent certificates . ### the commission , assisted by the european maritime safety agency and with the possible involvement of the member state submitting the request , shall collect the information referred to in annex ii and shall carry out an assessment of the training and certification systems in the third country for which the request for recognition was submitted , in order to verify whether the country concerned meets all the requirements of the stcw convention and whether appropriate measures have been taken to prevent issuance of fraudulent certificates .


### if there are no endorsements attesting recognition issued by a member state in relation to certificates of competency or certificates of proficiency , referred to in paragraph 1 of article 19 , issued by a third country for a period of more than 5 years , the recognition of that country ' s certificates shall be withdrawn . to this end , the commission shall adopt implementing decisions , in accordance with the examination procedure referred to in article 28 , after notifying the member states as well as the third country concerned at least two months in advance . ### if there are no endorsements attesting recognition issued by a member state in relation to certificates of competency or certificates of proficiency , referred to in article 19 , issued by a third country for a period of more than 7 years , the recognition of that country ' s certificates shall be re - examined in consultation with the member states and the relevant stakeholders . to this end following the abovementioned re - examination procedure , the commission shall adopt implementing decisions , in accordance with the examination procedure referred to in article 28 , after notifying the member states as well as the third country concerned at least two months in advance


### the enlargement policy of the union is an investment in peace , security and stability in europe . it provides increased economic and trade opportunities to the mutual benefit of the union and the aspiring member states . the prospect of union membership has a powerful transformative effect , embedding positive democratic , political , economic and societal change . ### the enlargement policy of the union is an investment in peace , security and stability in europe . it has the potential to provide increased economic and trade opportunities to the mutual benefit of the union and the aspiring member states . the prospect of union membership can have a powerful transformative effect , embedding positive democratic , political , economic and societal change .


### establishing and promoting from an early stage the proper functioning of the institutions necessary in order to secure the rule of law . interventions in this area shall aim at : establishing independent , accountable and efficient judicial systems , including transparent and merit - based recruitment and promoting judicial cooperation , evaluation and promotion systems and effective disciplinary procedures in cases of wrongdoing ; ensuring the establishment of robust systems to protect the borders , manage migration flows and provide asylum to those in need ; developing effective tools to prevent and fight organised crime , trafficking in human beings , migrants smuggling , money laundering / financing of terrorism and corruption ; promoting and protecting human rights , rights of persons belonging to minorities including roma as well as lesbian , gay , bisexual , transgender and intersex persons fundamental freedoms , including freedom of the media and data protection . ### establishing and promoting from an early stage the proper functioning of the institutions necessary in order to secure the rule of law , democracy , fundamental rights and human rights , including the rights of minorities . interventions in this area shall aim at : establishing independent , accountable and efficient judicial systems , including transparent and merit - based recruitment and promoting judicial cooperation , evaluation and promotion systems and effective disciplinary procedures in cases of wrongdoing ; safeguarding and promoting the independence of media , developing effective tools to prevent and fight organised crime , money laundering / financing of terrorism and&#160 ; corruption ; promoting and protecting human rights , rights of persons belonging to minorities , &#160 ; including roma as well as lesbian , gay , bisexual , transgender and intersex persons fundamental freedoms , including freedom of the media and data protection .


### assistance should also be provided in compliance with the agreements concluded by the union with the beneficiaries listed in annex i . assistance should mainly focus on assisting the beneficiaries listed in annex i to strengthen democratic institutions and the rule of law , reform the judiciary and public administration , respect fundamental rights and promote gender equality , tolerance , social inclusion and non - discrimination . assistance should also support the key principles and rights as defined in the european pillar of social rights . 17 assistance should continue to support their efforts to advance regional , macro - regional and cross - border cooperation as well as territorial development , including through implementation of union macro - regional strategies . it should also enhance their economic and social development and economic governance , underpinning a smart , sustainable and inclusive growth agenda , including through implementation of regional development , agriculture and rural development , social and employment policies and the development of the digital economy and society , also in line with the flagship initiative digital agenda for the western balkans . _________________ 17 european pillar of social rights solemnly proclaimed by the european parliament , the council and the commission at the gothenburg social summit for fair jobs and growth , gothenburg 17 november 2017 . ### assistance should also be provided in compliance with the agreements concluded by the union with the beneficiaries listed in annex i . assistance should mainly focus on assisting the beneficiaries listed in annex i to strengthen democratic institutions and the rule of law , reform the judiciary and public administration , respect fundamental rights , including the rights of persons belonging to minorities , and promote gender equality , tolerance , social inclusion and non - discrimination . assistance should also support adherence to the key principles and rights as defined in the european pillar of social rights . 17 assistance should continue to support their efforts to advance regional , macro - regional and cross - border cooperation as well as territorial development , including through implementation of union macro - regional strategies . it should also enhance their economic and social development and economic governance , underpinning a smart , sustainable and inclusive growth agenda , including through implementation of regional development , agriculture and rural development , social and employment policies and the development of the digital economy and society , also in line with the flagship initiative digital agenda for the western balkans . _________________ 17 european pillar of social rights solemnly proclaimed by the european parliament , the council and the commission at the gothenburg social summit for fair jobs and growth , gothenburg 17 november 2017 .


### to reinforce the effectiveness of public administration and support structural reforms and good governance at all levels ; ### to reinforce the quality , effectiveness and accountability of public administration and support structural reforms and good governance at all levels ;


### strengthening the rule of law , including the fight against corruption and organised crime , and good governance , including public administration reform , remain key challenges in most of the beneficiaries listed in annex i and are essential in order for beneficiaries to come closer to the union and later to fully assume the obligations of union membership . in view of the longer - term nature of the reforms pursued in those areas and the need to build up track records , financial assistance under this regulation should address the requirements placed on the beneficiaries listed in annex i as early as possible . ### strengthening the rule of law , including the independence of the judiciary , democracy and fundamental rights , safeguarding and promoting the independence of the media , the fight against corruption and organised crime , and good governance , including public administration reform , remain key challenges in most of the beneficiaries listed in annex i and are essential in order for beneficiaries to come closer to the union and later to fully assume the obligations of union membership . in view of the longer - term nature of the reforms pursued in those areas and the need to build up track records , financial assistance under this regulation should address the requirements placed on the beneficiaries listed in annex i as early as possible .


### the agency shall establish a monitoring and risk analysis centre with the capacity to monitor migratory flows towards and within the union . for this purpose , the agency shall develop a common integrated risk analysis model , which shall be applied by the agency and the member states . ### the agency shall make intelligence - driven use if available union resources to monitor migratory flows towards and within the union . for this purpose , the agency shall , by a decision of the management board develop a common integrated risk analysis model , which shall be applied by the agency and the member states .


### the european border and coast guard agency should step up its assistance to member states for returning illegally staying third - country nationals , subject to the union return policy and in compliance with directive 2008 / 115 / ec of the european parliament and of the council1 . in particular , it should coordinate and organise return operations from one or more member states and it should organise and conduct return interventions to reinforce the return system of member states requiring increased technical and operational assistance when complying with their obligation to return illegally staying third - country nationals in accordance with that directive . __________________ directive 2008 / 115 / ec of the european parliament and of the council of 16 december 2008 on common standards and procedures in member states for returning illegally staying third - country nationals . ### the european border and coast guard agency should step up its assistance to member states for returning illegally staying third - country nationals , subject to the union return policy and in compliance with directive 2008 / 115 / ec of the european parliament and of the council 1 . in particular , following the request of one or more member states it should coordinate and organise return operations and it should organise and conduct return interventions to reinforce the return system of member states requiring increased technical and operational assistance when complying with their obligation to return illegally staying third - country nationals in accordance with that directive . __________________ directive 2008 / 115 / ec of the european parliament and of the council of 16 december 2008 on common standards and procedures in member states for returning illegally staying third - country nationals .


### the fundamental rights officer shall report to the executive director and to the management board as to the findings and follow - up given to complaints by the agency and the member states . ### the fundamental rights officer shall inform the executive director and the management board of the findings regarding the complaints deemed eligible . the executive director and the management board shall then report on the follow - up to complaints by the agency and the member states .


### the european border and coast guard agency shall establish an operational and technical strategy for the european integrated border management . it shall promote and ensure the implementation of european integrated border management in all member states . ### the european border and coast guard agency , by decision of the management board , shall establish an annual operational and technical strategy for the european integrated border management , taking into account , where justified , the specific situation of the member states , in particular their geographical location . this strategy shall be in line with article 4 of this regulation . it shall promote and ensure the implementation of european integrated border management in all member states .


### by three years from the date of entry into force of this regulation , and every three years thereafter , the commission shall carry out an evaluation to assess particularly the impact , effectiveness and efficiency of the agency ' s performance and its working practices in relation to its objectives , mandate and tasks . the evaluation shall , in particular , address the possible need to modify the mandate of the agency , and the financial implications of any such modification . the evaluation shall include a specific analysis on the way the charter of fundamental rights was complied with in the application of this regulation . ### by three years from the date of entry into force of this regulation , and every three years thereafter , the commission shall carry out an evaluation to assess particularly the impact , effectiveness and efficiency of the agency ' s performance and its working practices in relation to its objectives , mandate and tasks . the evaluation shall , in particular , address the possible need to modify the regulation , the mandate of the agency , and the financial implications of any such modification . the evaluation shall include a specific analysis of the way the charter of fundamental rights was complied with in the application of this regulation as well as of cases of complaints and their handling .


### ' external borders ' means the land and sea borders of the member states and their airports and seaports , to which the provisions of title ii of regulation no&#160 ; 562 / 2006 of the european parliament and of the council1 apply ; ______________ 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 . ### ' eu external borders ' means the land and sea borders of the member states with third countries and their airports and seaports , to which the provisions of title ii of regulation no&#160 ; 562 / 2006 of the european parliament and of the council&#160 ; 1 apply ; ________________ 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 .


### the european border and coast guard agency should organise the appropriate technical and operational assistance to member states so as to reinforce their capacity to implement their obligations with regard to the control of the external borders , and to face challenges at the external border resulting from irregular immigration or cross - border crime . in this respect , the european border and coast guard agency should , at the request of a member state or on its own initiative , organise and coordinate joint operations for one or more member states and deploy european border and coast guard teams as well as the necessary technical equipment , and it may deploy experts from its own staff . ### the european border and coast guard agency should organise the appropriate technical and operational assistance to member states so as to reinforce their capacity to implement their obligations with regard to the control of the external borders , and to face challenges at the external border . in this respect , the european border and coast guard agency should , at the request of a member state , organise and coordinate joint operations for one or more member states and deploy european border and coast guard teams as well as the necessary technical equipment , and it may deploy experts from its own staff .


### the european border and coast guard agency should organise the appropriate technical and operational assistance to member states so as to reinforce their capacity to implement their obligations with regard to the control of the external borders , and to face challenges at the external border resulting from irregular immigration or cross - border crime . in this respect , the european border and coast guard agency should , at the request of a member state or on its own initiative , organise and coordinate joint operations for one or more member states and deploy european border and coast guard teams as well as the necessary technical equipment , and it may deploy experts from its own staff . ### the european border and coast guard agency should organise the appropriate technical and operational assistance to member states so as to reinforce their capacity to implement their obligations with regard to the control of the external borders , and to face challenges at the external border resulting from irregular immigration or cross - border crime , without prejudice to the national responsible authorities competence to initiate criminal investigations . in this respect , the european border and coast guard agency should , at the request of a member state , organise and coordinate joint operations for one or more member states and deploy european border and coast guard teams as well as the necessary technical equipment , and it may deploy experts from its own staff .


### the european border and coast guard agency shall facilitate the application of union measures relating to the management of external borders by reinforcing , assessing and coordinating the actions of member states in the implementation of those measures , and in return . member states shall ensure the management of their section of the external borders , in their interests and in interest of all member states which have abolished internal border control , in full compliance with union law and in accordance with the technical and operational strategy referred to in article 3 , and in close cooperation with the agency . ### the european border and coast guard agency shall support the application of union measures relating to the management of eu external borders by reinforcing , assessing and coordinating the actions of member states in the implementation of those measures .


### support the development of technical standards for equipment , especially for tactical level command , control and communication as well as technical surveillance to ensure interoperability at union and national level ; ### support the development of common technical standards for equipment , especially for tactical level command , control and communication as well as technical surveillance to ensure interoperability at union and national level ;


### the european border and coast guard shall , in the performance of its tasks , take into account the special needs of children , victims of trafficking in human beings , persons in need of medical assistance , persons in need of international protection , persons in distress at sea and other persons in a particularly vulnerable situation . ### the european border and coast guard shall , in the performance of its tasks , take into account the special needs of minors , especially if unaccompanied , victims of trafficking in human beings , persons in need of medical assistance , persons in need of international protection , persons in distress at sea and other persons in a particularly vulnerable situation .


### in view of contributing to an efficient , high and uniform level of border control and return , the agency shall perform the following tasks : ### in view of contributing to an efficient , high and uniform level of border control and uniform application of international standards for returns , the agency shall perform the following tasks :


### the european border and coast guard agency shall establish an operational and technical strategy for the european integrated border management . it shall promote and ensure the implementation of european integrated border management in all member states . ### the european border and coast guard agency shall establish an annual operational and technical strategy for the european integrated border management . it shall promote and ensure the implementation of european integrated border management in all member states .


### this regulation establishes a complaint mechanism for the european border and coast guard agency , in cooperation with the fundamental rights officer , to monitor and ensure the respect for fundamental rights in all the activities of the agency . this should be an administrative mechanism whereby the fundamental rights officer should be responsible for handling complaints received by the agency in accordance with the right to good administration . the fundamental rights officer should review the admissibility of a complaint , register admissible complaints , forward all registered complaints to the executive director , forward complaints concerning border guards to the home member state and register the follow - up by the agency or that member state . criminal investigations should be conducted by the member states . ### this regulation establishes a complaint mechanism for the european border and coast guard agency , in cooperation with the fundamental rights officer , to monitor and ensure the respect for fundamental rights in all the activities of the agency . this should be an administrative mechanism whereby the fundamental rights officer should be responsible for handling complaints received by the agency in accordance with the right to good administration . the fundamental rights officer should review the admissibility of a complaint , register admissible complaints , forward all registered complaints to the executive director , forward complaints concerning border guards to the home member state and register the follow - up by the agency or that member state . this data should be included in the annual report of the agency . criminal investigations should be conducted by the member states .


### the agency shall ensure that the standardized complaint form is available in most common languages and that it shall be made available on the agency’s website and in hardcopy during all activities of the agency . complaints shall be considered by the fundamental rights officer even when they are not submitted in the standardized complaint form . ### the agency shall ensure that the standardized complaint form is available in most eu languages as well as in arabic and in any other languages most commonly used and that it shall be made available on the agency’s website and in hardcopy during all activities of the agency . complaints shall be considered by the fundamental rights officer even when they are not submitted in the standardized complaint form .


### assist member states and third countries in the context of operational cooperation between them in the fields of external border management and return . ### provide support to member states in their operational cooperation with third countries in the fields of external border management and return .


### the agency may deploy experts of its own staff as liaison officers , who should enjoy the highest possible protection to carry out their duties , in third countries . they shall form part of the local or regional cooperation networks of immigration liaison officers and security experts of the union and of the member states , including the network set up pursuant to council regulation no 377 / 2004 . 1 __________________ council regulation no 377 / 2004 of 19 february 2004 on the creation of an immigration liaison officers network . ### the agency may deploy experts as liaison officers , who should enjoy the highest possible protection to carry out their duties , in third countries . they shall form part of the local or regional cooperation networks of immigration liaison officers and security experts of the union and of the member states , including the network set up pursuant to council regulation no 377 / 2004 . 1 _______________ council regulation no 377 / 2004 of 19 february 2004 on the creation of an immigration liaison officers network .


### the european border and coast guard agency shall facilitate the application of union measures relating to the management of external borders by reinforcing , assessing and coordinating the actions of member states in the implementation of those measures , and in return , member states shall ensure the management of their section of the external borders , in their interests and in interest of all member states which have abolished internal border control , in full compliance with union law and in accordance with the technical and operational strategy referred to in article 3 , and in close cooperation with the agency . ### the european border and coast guard agency shall facilitate the application of union measures relating to the management of eu external borders by reinforcing , assessing and coordinating the actions of member states in the implementation of those measures , and in return , member states shall ensure the management of their section of the external borders , in their interests and in interest of all member states which have abolished internal border control , in full compliance with union law and in accordance with the technical and operational strategy referred to in article 3 , and in close cooperation with the agency .


### initiating joint operations and rapid border interventions at the external borders ### initiating joint operations and rapid border interventions at the eu external borders


### the agency may also , with the agreement of the member states concerned invite observers from third countries to participate in its activities at the external borders referred to in article 13 , return operations referred to in article 27 , return interventions referred to in article 32 and training referred to in article 35 , to the extent that their presence is in accordance with the objectives of those activities , may contribute to improving cooperation and the exchange of best practices , and does not affect the overall safety of those activities . the participation of those observers may take place only with the agreement of the member states concerned regarding the activities referred to in articles 13 , 27 and 35 and only with the agreement of the host member state regarding those referred to in article 13 and 32 . detailed rules on the participation of observers shall be included in the operational plan . those observers shall receive the appropriate training from the agency prior to their participation . ### the agency may also , with the agreement of the member states concerned invite third countries to participate in its activities at the external borders referred to in article 13 , including in an observer capacity , return operations referred to in article 27 , return interventions referred to in article 32 and training referred to in article 35 , to the extent that their presence is in accordance with the objectives of those activities , may contribute to improving cooperation and the exchange of best practices , and does not affect the overall safety of those activities . the participation of those observers may take place only with the agreement of the member states concerned regarding the activities referred to in articles 13 , 27 and 35 and only with the agreement of the host member state regarding those referred to in article 13 and 32 . detailed rules on the participation of observers shall be included in the operational plan . those observers shall receive the appropriate training from the agency prior to their participation .


### member states may continue cooperation at an operational level with other member states and / or third countries at external borders , including military operations on a law enforcement mission and in the field of return , where such cooperation is compatible with the action of the agency . member states shall refrain from any activity which could jeopardise the functioning of the agency or the attainment of its objectives . ### member states may continue cooperation at an operational level with other member states and / or third countries at the eu external borders , and in the field of return , member states shall refrain from any activity which could jeopardise the functioning of the agency or the attainment of its objectives .


### the executive director shall be appointed by the management board on the grounds of merit and documented high - level administrative and management skills , as well as senior professional experience in the field of management of the external borders and return . the management board shall take its decision by a two - thirds majority of all members with a right to vote . ### the executive director shall be appointed by a common accord of the head of state or government of the member state of the schengen area on the grounds of merit and documented high - level administrative and management skills , as well as senior professional experience in the field of management of the external borders and return .


### cooperate with the european fisheries control agency and the european maritime safety agency to support the national authorities carrying out coast guard functions by providing services , information , equipment and training , as well as by coordinating multipurpose operations ; ### cooperate with the european fisheries control agency and the european maritime safety agency to support the national authorities carrying out coast guard functions by providing services , information and , where necessary , equipment and training , as well as by coordinating multipurpose operations ;


### analysis of the risks for internal security and analysis of the threats that may affect the functioning or security of the external borders ; ### analysis of the risks for internal security and analysis of the threats that may affect the functioning or security of the eu external borders ;


### assist member states and third countries in the context of operational cooperation between them in the fields of external border management and return . ### assist member states and third countries in the context of their cooperation in the fields of external border management and return .


### the european border and coast guard agency shall facilitate the application of union measures relating to the management of external borders by reinforcing , assessing and coordinating the actions of member states in the implementation of those measures , and in return . member states shall ensure the management of their section of the external borders , in their interests and in interest of all member states which have abolished internal border control , in full compliance with union law and in accordance with the technical and operational strategy referred to in article 3 , and in close cooperation with the agency . ### the european border and coast guard agency shall support the application of union measures relating to the management of eu external borders by reinforcing , assessing and coordinating the actions of member states in the implementation of those measures .


### the european border and coast guard agency should organise the appropriate technical and operational assistance to member states so as to reinforce their capacity to implement their obligations with regard to the control of the external borders , and to face challenges at the external border resulting from irregular immigration or cross - border crime . in this respect , the european border and coast guard agency should , at the request of a member state or on its own initiative , organise and coordinate joint operations for one or more member states and deploy european border and coast guard teams as well as the necessary technical equipment , and it may deploy experts from its own staff . ### the european border and coast guard agency should be more efficient to face challenges at the external border namely irregular immigration or cross - border crime .


### in circumstances requiring increased technical and operational assistance , the agency may coordinate operational cooperation between member states and third countries in the field of management of external borders , and it shall have the possibility of carrying out joint operations at the external borders involving one or more member states and a third country neighbouring at least one of those member states , subject to the agreement of that neighbouring third country , including on the territory of that third country . the commission shall be informed of such activities . ### in circumstances requiring increased technical and operational assistance , the agency may coordinate operational cooperation between member states and third countries in the field of management of external borders , and it shall have the possibility of carrying out joint operations at the external borders involving one or more member states and a third country neighbouring at least one of those member states , subject to the agreement of that neighbouring third country , including on the territory of that third country . operations shall be carried out on the basis of an operational plan agreed also by the member state bordering the operational area . the participation of member states in joint operations on the territory of third countries , shall be on voluntary basis . the commission shall be informed of such activities .


### the commission shall propose candidates for the post of the executive director and the deputy executive director based on a list following publication of the post in the official journal of the european union and other press or internet sites as appropriate . ### the commission , after consulting the european parliament , shall propose candidates for the post of the executive director and the deputy executive director based on a list following publication of the post in the official journal of the european union and other press or internet sites as appropriate .


### in a spirit of shared responsibility , the role of the european border and coast guard agency should be to regularly monitor the management of the external borders . the agency should ensure proper and effective monitoring not only through risk analysis , information exchange and eurosur , but also through presence of experts from its own staff in member states . the agency should therefore be able to deploy liaison officers to specific member states for a period of time during which the liaison officer reports to the executive director . the report of the liaison officers should form part of the vulnerability assessment . ### undertaking a shared responsibility with the member states , the role of the european border and coast guard agency should be to regularly monitor the management of the external borders . the agency should ensure proper and effective monitoring not only through risk analysis , information exchange and eurosur , but also through presence of experts from its own staff in member states . the agency should therefore be able to deploy liaison officers to specific member states for a period of time during which the liaison officer reports to the executive director . the report of the liaison officers should form part of the vulnerability assessment .


### cooperation with third countries in the areas of covered by this regulation , focusing in particular on neighbouring countries and on those third countries which have been identified through risk analysis as being countries of origin and transit for irregular immigration ; ### cooperation with third countries in the areas of covered by this regulation , focusing in particular on neighbouring countries and on those third countries which have been identified through risk analysis as being countries of origin and / or transit for irregular immigration in cooperation with the commission and the eeas ;


### in the performance of its tasks the european border and coast guard shall ensure that no person is disembarked in , forced to enter , conducted to or otherwise handed over or returned to the authorities of a country in contravention of the principle of non - refoulement , or from which there is a risk of expulsion or return to another country in contravention of that principle . ### in the performance of its tasks the european border and coast guard agency shall ensure that no person is disembarked in , forced to enter , conducted to or otherwise handed over or returned to the authorities of a country in contravention of the principle of non - refoulement , or from which there is a risk of expulsion or return to another country in contravention of that principle .


### the european border and coast guard agency should facilitate and encourage operational cooperation between member states and third countries in the framework of the external relations policy of the union , including by coordinating operational cooperation between member states and third countries in the field of management of external borders and by deploying liaison officers to third countries , as well as by cooperating with the authorities of third countries on return , including as regards the acquisition of travel documents . in their cooperation with third countries , the european border and coast guard agency and member states should comply with norms and standards at least equivalent to those set by union legislation also when the cooperation with third countries takes place on the territory of those countries . ### the european border and coast guard agency , in agreement with the member state concerned , should facilitate and encourage operational cooperation between member states and third countries in the framework of the external relations policy of the union in cooperation with the commission and eeas , including by coordinating operational cooperation between member states and third countries after risk assessment of the eu external borders neighboring third countries and by deploying liaison officers to third countries , as well as by cooperating with the authorities of third countries on return , including as regards the acquisition of travel documents . in their cooperation with third countries , the european border and coast guard agency and member states should comply with norms and standards at least equivalent to those set by union legislation also when the cooperation with third countries takes place on the territory of those countries .


### the fundamental rights officer shall report to the executive director and to the management board as to the findings and follow - up given to complaints by the agency and the member states . ### the fundamental rights officer shall inform the executive director and the management board of the findings regarding the complaints deemed eligible . the executive director and the management board shall then report on the follow - up to complaints by the agency and the member states .


### the agency shall establish a monitoring and risk analysis centre with the capacity to monitor migratory flows towards and within the union . for this purpose , the agency shall develop a common integrated risk analysis model , which shall be applied by the agency and the member states . ### the agency shall make intelligence - driven use of available union resources to monitor migratory flows towards and within the union . for this purpose , the agency shall , by a decision of the management board develop a common integrated risk analysis model , which shall be applied by the agency and the member states .


### ' external borders ' means the land and sea borders of the member states and their airports and seaports , to which the provisions of title ii of regulation no&#160 ; 562 / 2006 of the european parliament and of the council1 apply ; ______________ 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 . ### ' eu external borders ' means the land and sea borders of the member states with third countries and their airports and seaports , to which the provisions of title ii of regulation no&#160 ; 562 / 2006 of the european parliament and of the council&#160 ; 1 apply ; ________________ 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 .


### finding new ways to accelerate the deployment of clean technologies and solutions for the decarbonisation of the european economy requires also increased demand for innovation . this can be stimulated through the empowerment of citizens as well as socio - economic and public sector innovation and will lead to approaches broader than technology - driven innovation . socio - economic research covering inter alia user needs and patterns , foresight activities , environmental , economic , social and behavioural aspects , business cases and models and pre - normative research for standard setting , will also facilitate actions fostering regulatory , financing and social innovation , skills , as well as engagement and empowerment of market players and consumers . ### finding new ways to accelerate the deployment of clean technologies , transition towards renewable based energy system and solutions for the decarbonisation of the european economy also requires increased demand for innovation . this can be stimulated through the empowerment of citizens as well as socio - economic and public sector innovation and will lead to approaches broader than technology - driven innovation . socio - economic research covering , inter alia , the needs and patterns of all users , foresight activities , environmental , economic , social and behavioural aspects , business cases and models and pre - normative research for standard - setting , will also facilitate actions fostering regulatory , financing and social innovation , skills , as well as engagement and empowerment of market players and consumers and communities . in the transport sector , the role of applied research and trials aiming at market deployment of innovation is crucial


### the completion of the digital single market and the growing opportunities from the convergence of digital and physical technologies requires a stepping up of investments . horizon europe will contribute to these efforts with a substantial increase of spending in main digital research and innovation activities compared to the research and innovation framework programme horizon 20206 . this should ensure that europe remains at the forefront of global research and innovation in the digital field . _________________ 6 the communication from the commission ' a new , modern multiannual financial framework for a european union that deliver efficiently on its priorities post - 2020 ' identifies eur 13 billion spent in main digital activities under the research and innovation framework programme horizon 2020 . ### the completion of the digital single market and the growing opportunities from the convergence of digital and physical technologies requires a stepping up of investments . horizon europe will adequately contribute to these efforts investing in main digital research and innovation activities compared to the research and innovation framework programme horizon 20206 . this should ensure that europe remains at the forefront of global research and innovation in the digital field . _________________ 6 the communication from the commission ' a new , modern multiannual financial framework for a european union that deliver efficiently on its priorities post - 2020 ' identifies eur 13 billion spent in main digital activities under the research and innovation framework programme horizon 2020 .


### sharing excellence33 _________________ 33 a criterion based on research and innovation excellence will be used to define those member states and associated countries where legal entities need to be established in order to be eligible to submit proposals as coordinators under ' sharing excellence ' . this criterion will address the dimensions of the overall economic performance , research performance and innovation performance in a combined manner normalised to the size of the related countries . the countries identified with this criterion are called ' eligible countries ' in the context of ' sharing excellence ' . on the basis of article 349 tfeu , legal entities from outermost regions will be also fully eligible as coordinators under ' sharing excellence ' . ### spreading excellence and widening participation


### the overall aim is to endow europe with world - class sustainable research infrastructures open and accessible to all researchers in europe and beyond , which fully exploit their potential for scientific advance and innovation . key objectives are to reduce the fragmentation of the research and innovation ecosystem , avoiding duplication of effort , and better coordinate the development and use of research infrastructures . it is crucial to support open access to research infrastructures for all european researchers as well as , through the european open science cloud , increased access to digital research resources , specifically tackling the currently sub - optimal embracement of open science and open data practises . equally , the eu needs to tackle the rapid increase of global competition for talent by attracting third country researchers to work with european world - class research infrastructures . increasing the competitiveness of european industry is also a major objective , supporting key technologies and services relevant for research infrastructures and their users , thus improving the conditions for supply of innovative solutions . ### the overall aim is to improve europe ' s endowment with world - class sustainable research infrastructures open and accessible to all researchers in europe and beyond , which fully exploit their potential for scientific advance and innovation . key objectives are to reduce the fragmentation of the research and innovation ecosystem , ensure continuous modernisation , avoiding duplication of effort , and better coordinate the development , use and accessibility of research infrastructures , including in less developed member states . it is crucial to support open access to research infrastructures for all european researchers as well as , through the european open science cloud , increased access to digital research resources , specifically tackling the currently sub - optimal embracement of open science and open data practises . equally , the eu needs to tackle the rapid increase of global competition for talent by attracting third country researchers to work with european world - class research infrastructures . increasing the competitiveness of european industry is also a major objective , supporting key technologies and services relevant for research infrastructures and their users , thus improving the conditions for supply and utilisation of innovative solutions .


### connecting and developing research infrastructures across the european research area ; ### connecting and developing accessible research infrastructures across the european research area , including mobility of researchers to facilitate its use ;


### cultural heritage is the fabric of our lives , meaningful to communities , groups and societies , giving a sense of belonging . it is the bridge between the past and the future of our societies . it is a driving force of local economies and a powerful source of inspiration for creative and cultural industries . accessing , conserving , safeguarding and restoring , interpreting and harnessing the full potential of our cultural heritage are crucial challenges now and for future generations . cultural heritage is the major input and inspiration for the arts , traditional craftsmanship , the cultural , entrepreneurial and creative sectors that are drivers of sustainable economic growth , new job creation and external trade . ### it becomes strategically important to support innovation and research activities in the field of european cultural and creative industries , as they are capable of preserving the linguistic and cultural diversity , pluralism , and the offer of innovative and high - quality services , especially in the context of a convergent and globalised market . cultural and creative industries build a bridge between arts , culture , business and technology . furthermore , especially in the field of digitalisation , ccis play a key role in reindustrialising europe , are a driver for growth and are in a strategic position to trigger innovative spill overs in other industrial sectors , such as tourism , retail , and digital technologies and engineering . cultural heritage is an integral part of the ccis . cultural heritage the fabric of our lives , meaningful to communities , groups and societies , giving a sense of belonging . it is the bridge between the past and the future of our societies . it is a driving force of local economies and a powerful source of inspiration for creative and cultural industries . accessing , conserving , safeguarding and restoring , interpreting and harnessing the full potential of our cultural heritage are crucial challenges now and for future generations . cultural heritage is the major input and inspiration for the arts , traditional craftsmanship , the cultural , entrepreneurial and creative sectors that are drivers of sustainable economic growth , new job creation and external trade . furthermore , heritage tourism and museums can offer new cultural and economic perspectives , above all to post - industrial regions , and keep traditional european know - how alive .


### –eic challenges , i . e . inducement prizes , to help develop novel solutions to global challenges , bring in new actors and develop new communities . eic recognition prizes will include icapital , the social innovation inducement prize , and the women innovators ' prize . 29 the design of its prizes will be linked to eic to other parts of the framework programme , including missions and other funding bodies . opportunities for cooperation with organisations will be explored . __________________ 29 the eic prizes will take over the management of prizes launched under horizon 2020 and provide for the design and implementation of new inducement prizes and recognition awards . ### –eic challenges , i . e . inducement prizes , to help develop new breakthrough innovations , bring in new actors and develop new communities . eic recognition prizes will include icapital , the social innovation inducement prize , and the women innovators ' prize . 29 the design and implementation of these prizes will linked with other parts of the programme , including missions and the eit to ensure complementarity and avoid duplications . opportunities for cooperation with organisations will be explored . __________________ 29 the eic prizes will take over the management of prizes awarded by the commission launched under horizon 2020 and provide for the design and implementation of new inducement prizes and recognition awards .