### the global context for action is the pursuit of a rules - based global order , with multilateralism as its key principle and the united nations at its core . the 2030 agenda , together with the paris agreement on climate change57and the addis ababa action agenda58is the international community’s response to global challenges and trends in relation to sustainable development . with the sustainable development goals at its core , the 2030 agenda is a transformative framework to eradicate poverty and achieve sustainable development globally . it is universal in scope , providing a comprehensive shared framework for action that applies to the union , to its member states and to its partners . it balances the economic , social and environmental dimensions of sustainable development , recognising the essential interlinkages between its goals and targets . the 2030 agenda aims to leave no one behind . the implementation of the 2030 agenda will be closely coordinated with the union’s other relevant international commitments . actions undertaken by this regulation should pay particular attention to interlinkages between sustainable development goals and to integrated actions that can create co - benefits and meet multiple objectives in a coherent way . _________________ 57 signed in new york on 22 april 2016 . 58 “addis ababa action agenda of the third international conference on financing for development” , adopted on 16 june 2015 and endorsed by the united nations general assembly on 27 july 2015 . ### the global context for action is the pursuit of a rules - based global order , with multilateralism as its key principle and the united nations at its core . the 2030 agenda , together with the paris agreement on climate change57 and the addis ababa action agenda58 is the international community’s response to global challenges and trends in relation to sustainable development . with the sustainable development goals at its core , the 2030 agenda is a transformative framework to eradicate poverty and achieve sustainable development globally . it is universal in scope , providing a comprehensive shared framework for action that applies to the union , to its member states and to its partners . it balances the economic , social , cultural , educational and environmental dimensions of sustainable development , recognising the essential interlinkages between its goals and targets . the 2030 agenda aims to leave no one behind . the implementation of the 2030 agenda will be closely coordinated with the union’s other relevant international commitments . actions undertaken by this regulation should pay particular attention to interlinkages between sustainable development goals and to integrated actions that can create co - benefits and meet multiple objectives in a coherent way .


### the global context for action is the pursuit of a rules - based global order , with multilateralism as its key principle and the united nations at its core . the 2030 agenda , together with the paris agreement on climate change57 and the addis ababa action agenda58 is the international community’s response to global challenges and trends in relation to sustainable development . with the sustainable development goals at its core , the 2030 agenda is a transformative framework to eradicate poverty and achieve sustainable development globally . it is universal in scope , providing a comprehensive shared framework for action that applies to the union , to its member states and to its partners . it balances the economic , social and environmental dimensions of sustainable development , recognising the essential interlinkages between its goals and targets . the 2030 agenda aims to leave no one behind . the implementation of the 2030 agenda will be closely coordinated with the union’s other relevant international commitments . actions undertaken by this regulation should pay particular attention to interlinkages between sustainable development goals and to integrated actions that can create co - benefits and meet multiple objectives in a coherent way . _________________ 57 signed in new york on 22 april 2016 . 58 “addis ababa action agenda of the third international conference on financing for development” , adopted on 16 june 2015 and endorsed by the united nations general assembly on 27 july 2015 . ### the global context for action is the pursuit of a rules - based global order , with multilateralism as its key principle and the united nations at its core . the 2030 agenda , together with the paris agreement on climate change57 and the addis ababa action agenda58 is the international community’s response to global challenges and trends in relation to sustainable development . with the sustainable development goals at its core , the 2030 agenda is a transformative framework to eradicate poverty and achieve sustainable development globally . it is universal in scope , providing a comprehensive shared framework for action that applies to the union , to its member states and to its partners . it balances the economic , social , cultural , educational and environmental dimensions of sustainable development , recognising the essential interlinkages between its goals and targets . the 2030 agenda aims to leave no one behind . the implementation of the 2030 agenda will be closely coordinated with the union’s other relevant international commitments . actions undertaken by this regulation should pay particular attention to interlinkages between sustainable development goals and to integrated actions that can create co - benefits and meet multiple objectives in a coherent way . _________________ 57 signed in new york on 22 april 2016 . 58 “addis ababa action agenda of the third international conference on financing for development” , adopted on 16 june 2015 and endorsed by the united nations general assembly on 27 july 2015 .


### the implementation of this regulation should be guided by the five priorities established in the global strategy for the european union’s foreign and security policy 59 , presented on 19 june 2016 , which represents the union’s vision and the framework for united and responsible external engagement in partnership with others , to advance its values and interests . the union should enhance partnerships , promote policy dialogue and collective responses to challenges of global concern . its action should support the union’s interests and values in all its aspects , including preserving peace , preventing conflicts , strengthening international security , fighting root causes of irregular migration and assisting populations , countries and regions confronting natural or man - made disasters , supporting trade policy , economic diplomacy and economic cooperation , promoting digital solutions and technologies , and fostering the international dimension of union’s policies . in promoting its interests , the union should comply with , and promote , the principles of respect for high social and environmental standards , for the rule of law , for international law and for human rights . _________________ 59 “shared vision , common action : a stronger europe . a global strategy for the european union’s foreign and security policy” , june 2016 . ### the implementation of this regulation should be guided by the five priorities established in the global strategy for the european union’s foreign and security policy 59 , presented on 19 june 2016 , which represents the union’s vision and the framework for united and responsible external engagement in partnership with others , to advance its values and interests . the union should enhance partnerships , promote policy dialogue and collective responses to challenges of global concern . its action should support the union’s interests and values in all its aspects , including preserving peace , preventing conflicts , strengthening international security , fighting root causes of irregular migration and assisting populations , countries and regions confronting natural or man - made disasters , supporting quality education , trade policy , economic diplomacy and economic cooperation , promoting digital solutions and technologies , and fostering the international dimension of union’s policies . in promoting its interests , the union should comply with , and promote , the principles of respect for high social and environmental standards , for the rule of law , for international law and for human rights .


### the new european consensus on development 60 , signed on 7 june 2017 , provides the framework for a common approach to development cooperation by the union and its member states to implement the 2030 agenda and the addis ababa action agenda . eradicating poverty , tackling discrimination and inequalities , leaving no one behind and strengthening resilience are at the heart of development cooperation policy . _________________ 60 “the new european consensus on development ‘ our world , our dignity , our future’” , joint statement by the council and the representatives of the governments of the member states meeting within the council , the european parliament and the european commission , 8 june 2017 . ### the new european consensus on development 60 , signed on 7 june 2017 , provides the framework for a common approach to development cooperation by the union and its member states to implement the 2030 agenda and the addis ababa action agenda . eradicating poverty , tackling discrimination and inequalities , ensuring access to quality education , leaving no one behind and strengthening resilience are at the heart of development cooperation policy .


### pursuant to the sustainable development goals , this regulation should contribute to reinforced monitoring and reporting with a focus on results , covering outputs , outcomes and impacts in partner countries benefiting from the union’s external financial assistance . in particular , as agreed in the consensus , actions under this regulation are expected to contribute 20% of the official development assistance funded under this regulation to social inclusion and human development , including gender equality and women’s empowerment . ### pursuant to the sustainable development goals , this regulation should contribute to reinforced monitoring and reporting with a focus on results , covering outputs , outcomes and impacts in partner countries benefiting from the union’s external financial assistance . in particular , as agreed in the consensus , actions under this regulation are expected to contribute 20% of the official development assistance funded under this regulation to social inclusion , education and culture and human development , including gender equality and women’s empowerment .


### the european neighbourhood policy , as reviewed in 201562 , aims at the stabilisation of neighbouring countries and strengthening resilience , particularly by boosting economic development , as the union’s main political priorities . in order to attain its objective , the reviewed european neighbourhood policy has been focusing on four priority areas : good governance , democracy , the rule of law and human rights , with a particular focus in engaging further with civil society ; economic development ; security ; migration and mobility , including tackling the root causes of irregular migration and forced displacement . differentiation and enhanced mutual ownership are the hallmark of the european neighbourhood policy , recognising different levels of engagement , and reflecting the interests of each country concerning the nature and focus of its partnership with the union . _________________ 62 joint communication to the european parliament , the council , the european economic and social committee and the committee of the regions , “review of the european neighbourhood policy” , 18 november 2015 . ### the european neighbourhood policy , as reviewed in 201562 , aims at the stabilisation of neighbouring countries and strengthening resilience , particularly by boosting economic development , as the union’s main political priorities . in order to attain its objective , the reviewed european neighbourhood policy has been focusing on four priority areas : good governance , democracy , the rule of law and human rights , with a particular focus in engaging further with civil society , promoting education and training ; economic and social development ; security ; migration and mobility , including tackling the root causes of irregular migration and forced displacement , including through education and cultural cooperation . differentiation and enhanced mutual ownership are the hallmark of the european neighbourhood policy , recognising different levels of engagement , and reflecting the interests of each country concerning the nature and focus of its partnership with the union . _________________ 62 joint communication to the european parliament , the council , the european economic and social committee and the committee of the regions , “review of the european neighbourhood policy” , 18 november 2015 .


### the european neighbourhood policy , as reviewed in 201562 , aims at the stabilisation of neighbouring countries and strengthening resilience , particularly by boosting economic development , as the union’s main political priorities . in order to attain its objective , the reviewed european neighbourhood policy has been focusing on four priority areas : good governance , democracy , the rule of law and human rights , with a particular focus in engaging further with civil society ; economic development ; security ; migration and mobility , including tackling the root causes of irregular migration and forced displacement . differentiation and enhanced mutual ownership are the hallmark of the european neighbourhood policy , recognising different levels of engagement , and reflecting the interests of each country concerning the nature and focus of its partnership with the union . _________________ 62 joint communication to the european parliament , the council , the european economic and social committee and the committee of the regions , “review of the european neighbourhood policy” , 18 november 2015 . ### the european neighbourhood policy , as reviewed in 2015 62 , aims at the stabilisation of neighbouring countries and strengthening resilience , particularly by boosting economic development , as the union’s main political priorities . in order to attain its objective , the reviewed european neighbourhood policy has been focusing on four priority areas : good governance , democracy , the rule of law and human rights , with a particular focus in engaging further with civil society ; quality education and skills acquisition , economic development , security ; migration and mobility , including tackling the root causes of irregular migration and forced displacement . differentiation and enhanced mutual ownership are the hallmark of the european neighbourhood policy , recognising different levels of engagement , and reflecting the interests of each country concerning the nature and focus of its partnership with the union .


### the efsd + should aim at supporting investments as a means of contributing to the achievement of the sustainable development goals by fostering sustainable and inclusive economic and social development and promoting the socio - economic resilience in partner countries with a particular focus on the eradication of poverty , sustainable and inclusive growth , the creation of decent jobs , economic opportunities , skills and entrepreneurship , socioeconomic sectors , micro , small and medium - sized enterprises as well as addressing specific socioeconomic root causes of irregular migration , in accordance with the relevant indicative programming documents . special attention should be given to countries identified as experiencing fragility or conflict , least developed countries and heavily indebted poor countries . ### the efsd + should aim at supporting investments as a means of contributing to the achievement of the sustainable development goals by fostering sustainable and inclusive economic and social development , supporting modern education systems , strengthening cultural structures and promoting the socio - economic resilience in partner countries with a particular focus on the eradication of poverty , sustainable and inclusive growth , the creation of decent jobs , economic opportunities , skills and entrepreneurship , socioeconomic sectors , micro , small and medium - sized enterprises as well as addressing specific socioeconomic root causes of irregular migration , in accordance with the relevant indicative programming documents . special attention should be given to countries identified as experiencing fragility or conflict , least developed countries and heavily indebted poor countries .


### the efsd + should aim at supporting investments as a means of contributing to the achievement of the sustainable development goals by fostering sustainable and inclusive economic and social development and promoting the socio - economic resilience in partner countries with a particular focus on the eradication of poverty , sustainable and inclusive growth , the creation of decent jobs , economic opportunities , skills and entrepreneurship , socioeconomic sectors , micro , small and medium - sized enterprises as well as addressing specific socioeconomic root causes of irregular migration , in accordance with the relevant indicative programming documents . special attention should be given to countries identified as experiencing fragility or conflict , least developed countries and heavily indebted poor countries . ### the efsd + should aim at supporting investments as a means of contributing to the achievement of the sustainable development goals by fostering sustainable and inclusive economic and social development and promoting the socio - economic resilience in partner countries with a particular focus on the eradication of poverty , promotion of inclusive and equitable quality education , sustainable and inclusive growth , the creation of decent jobs , economic opportunities , skills and entrepreneurship , socioeconomic sectors , micro , small and medium - sized enterprises as well as addressing specific socioeconomic root causes of irregular migration , in accordance with the relevant indicative programming documents . special attention should be given to countries identified as experiencing fragility or conflict , least developed countries and heavily indebted poor countries .


### at global level , to consolidate and support democracy , rule of law and human rights , support civil society organisations , further stability and peace and address other global challenges including migration and mobility ; ### at global level , to consolidate and support democracy , rule of law and human rights , seek to improve the quality of education and make it accessible to all , support civil society organisations , further stability and peace and address other global challenges including migration and mobility ;


### a rights - based approach encompassing all human rights , whether civil and political or economic , social and cultural shall be applied in order to integrate human rights principles , to support the right holders in claiming their rights with a focus on poorer and more vulnerable groups and to assist partner countries in implementing their international human rights obligations . this regulation shall promote gender equality and women’s empowerment . ### a rights - based approach encompassing all human rights , whether civil and political or economic , social and cultural shall be applied in order to integrate human rights principles , to support the right holders in claiming their rights with a focus on poorer and more vulnerable groups and to assist partner countries in implementing their international human rights obligations . in particular , the union shall support education and sport as a tool to foster development , contribute to the eradication of poverty , as well as to promote peace - building , social inclusion and active citizenship , and ensure access to culture . this regulation shall promote gender equality and empowerment of women and children .


### enhancing efforts for the adoption of policies and appropriate investment to promote women and young people’s rights , to facilitate their engagement in social , civic and economic life , and to ensure their full contribution to inclusive growth and sustainable development ; ### enhancing efforts for the adoption of policies and appropriate investment to promote children , women and young people’s rights , including their right to access to culture and education , to facilitate their engagement in social , civic and economic life , and to ensure their full contribution to inclusive growth and sustainable development ;


### supporting actions of capacity building , learning mobility to , from or between partner countries , as well as of cooperation and policy dialogue with institutions , organisations , local implementing bodies and authorities , from those countries ; ### supporting actions of learning mobility , capacity building and cultural cooperation to , from or between the union and third countries , as well as of cooperation and policy dialogue with institutions , organisations , local implementing bodies and authorities , from those countries ;


### promoting internal economic , social and territorial cohesion , forging stronger links between urban and rural areas and facilitating the development of the tourism sector as a leverage for sustainable development ; ### promoting internal economic , social and territorial cohesion , forging stronger links between urban and rural areas and facilitating the development of both creative industries and the cultural tourism sector as a leverage for sustainable development ;


### engaging with local authorities and support their role as policy and decision - makers to boost local development and improved governance ; ### engaging more effectively with citizens in third countries , including by making full use of economic , cultural , sport and public diplomacy ;


### strengthening knowledge , skills and values through partnerships and alliances , for active citizenship and productive , inclusive and resilient societies ; ### strengthening knowledge , research and innovation , skills and values through partnerships and alliances , for active citizenship and educated , democratic , inclusive and resilient societies ;


### action is needed to further develop complementary private retirement savings such as occupational pensions . this is important since social security systems are coming under increasing pressure , which means that citizens will increasingly rely on occupational retirement pensions as a complement in the future . occupational retirement pensions should be developed , without , however , calling into question the importance of social - security pension systems in terms of secure , durable and effective social protection , which should guarantee a decent standard of living in old age and should therefore be at the centre of the objective of strengthening the european social model . ### although responsibility for ensuring the adequate income of , and services for , elderly citizens lies with the public sector , action is needed in member states to further develop complementary private retirement savings such as occupational pensions , in order to facilitate the possibility of a pensioner being able to acquire additional services tailored to that pensioner’s personal needs . this is important since social security systems are coming under increasing pressure , which means that citizens will increasingly rely on occupational retirement pensions as a complement in the future . occupational retirement pensions should be developed , without , however , calling into question the importance of social - security pension systems in terms of secure , durable and effective social protection , which should guarantee a decent standard of living in old age and should therefore be at the centre of the objective of strengthening the european social model .


### this directive respects the fundamental rights and observes the principles recognised by the charter of fundamental rights of the european union , notably , the right to protection of personal data , the right to conduct a business and the right to a high level of consumer protection , in particular by ensuring a higher level of transparency of retirement provisioning , informed personal financial and retirement planning as well as facilitating cross - border business of institutions for occupational retirement provision and businesses . this directive must be implemented in accordance with these rights and principles . ### this directive respects the fundamental rights and observes the principles recognised by the charter of fundamental rights of the european union , notably , the right to protection of personal data , the right to conduct a business and the right to a high level of consumer protection , in particular by ensuring a higher level of transparency of retirement provisioning , informed personal financial and retirement planning that takes account of the financial literacy of each individual member of an occupational retirement scheme as well as facilitating cross - border business of institutions for occupational retirement provision and businesses . this directive must be implemented in accordance with these rights and principles .


### despite the entry into force of directive 2003 / 41 / ec important prudential barriers remain which make it more expensive for institutions to operate pension schemes across borders . moreover , the current minimum level of protection for members and beneficiaries needs to be increased . this is all the more important as the number of europeans relying on schemes that shift longevity and market risks from the institution or the undertaking offering the occupational scheme to the individual has increased significantly . in addition , the current minimum level of information provision to members and beneficiaries needs to be increased . those developments warrant an amendment of the directive . ### despite the entry into force of directive 2003 / 41 / ec important prudential barriers remain which make it more expensive for institutions to operate pension schemes across borders . moreover , the current minimum level of protection for members and beneficiaries needs to be increased . this is all the more important as the number of europeans relying on schemes that shift longevity and market risks from the institution or the undertaking offering the occupational scheme to the individual has increased significantly and such schemes risk increasing the occurrence of old - age poverty within member states , in particular women . in addition , the current minimum level of information provision to members and beneficiaries must be increased and adapted to the needs of individual members , in particular women . those developments warrant an amendment of the directive .


### it is important to ensure that older and disabled people are not placed at risk of poverty and can enjoy a decent standard of living . appropriate cover for biometrical risks in occupational pension arrangements is an important aspect of the fight against poverty and insecurity among elderly people . when setting up a pension scheme , employers and employees , or their respective representatives , should consider the possibility of the pension scheme including provisions for the coverage of the longevity risk and occupational disability risks as well as provision for surviving dependants . ### it is important to ensure that farmers , mothers raising children , older and disabled people are not placed at risk of poverty and can enjoy a decent standard of living . appropriate cover for biometrical risks in occupational pension arrangements is an important aspect of the fight against poverty and insecurity among elderly people . when setting up a pension scheme , employers and employees , or their respective representatives , should consider the possibility of the pension scheme including provisions for the coverage of the longevity risk and occupational disability risks as well as provision for surviving dependants .


### some risks cannot be reduced through quantitative requirements reflected in the technical provisions and funding requirements but can only be properly addressed through governance requirements . ensuring an effective system of governance is therefore essential for the adequate management of risk . those systems should be proportionate to the nature , scale and complexity of the activities . ### some risks cannot be reduced through quantitative requirements reflected in the technical provisions and funding requirements but can only be properly addressed through governance requirements . ensuring an effective system of governance is therefore essential for the adequate management of risk and to guarantee equal protection rights to all scheme members . those systems should be proportionate to the nature , scale and complexity of the activities .


### all persons that perform key functions should be fit and proper . however , only the key function holders should be subject to notification requirements to the competent authority . ### all persons that perform key functions should be fit and proper and be of a certain level of integrity , including demonstrating gender sensitivity . however , only the key function holders should be subject to notification requirements to the competent authority .


### it is essential that institutions improve their risk management so that potential vulnerabilities in relation to the sustainability of the pension scheme can be properly understood and discussed with the competent authorities . institutions should , as part of their risk management system , produce a risk evaluation for their activities relating to pensions . that risk evaluation should also be made available to the competent authorities . in that evaluation institutions should provide among others a qualitative description of key elements determining their funding position in accordance with national law , the effectiveness of their risk - management system and the ability to comply with the requirements regarding technical provisions . this risk evaluation should include new or emerging risks , such as risks related to climate change , resource use or the environment . ### it is essential that institutions improve their risk management so that potential vulnerabilities in relation to the sustainability of the pension scheme can be properly understood and discussed with the customers and competent authorities institutions should , as part of their risk management system , produce a risk evaluation for their activities relating to pensions . that risk evaluation should also be made available to the customers and competent authorities . in that evaluation institutions should provide among others a qualitative description of key elements determining their funding position in accordance with national law , the effectiveness of their risk - management system and the ability to comply with the requirements regarding technical provisions , including the ability to differentiate among technical provisions for men and women . this risk evaluation should include new or emerging risks , such as risks related to climate change , resource use , or the environment .


### institutions should provide clear and adequate information to prospective members , members and beneficiaries to support their decision - making about their retirement and ensure a high level of transparency throughout the various phases of a scheme comprising pre - enrolment , membership and post - retirement . in particular , information concerning accrued pension entitlements , projected levels of retirement benefits , risks and guarantees , and costs should be given . where members bear an investment risk , additional information on the investment profile , any available options and past performance are also crucial . ### institutions should provide clear and adequate information to prospective members , members and beneficiaries to support their decision - making about their retirement and ensure a high level of transparency throughout the various phases of a scheme comprising pre - enrolment , membership , periods out of work or periods where fewer hours were worked , and post - retirement . in particular , information concerning accrued pension entitlements or projected levels of retirement benefits , in comparison with other members and beneficiaries of the scheme , risks and guarantees , and costs should be given . where members bear an investment risk , additional information on the investment profile , any available options and past and predicted performance , risk profile and cost structure should be obligatory and provided in a clearly understandable form taking into account the different levels of financial literacy of the members of the scheme .


### before joining a scheme , prospective members should be given all the necessary information to make an informed choice such as possibilities to opt out , contributions , costs and investment options , where applicable . ### before joining a scheme , prospective members should be given all the necessary information to make an informed choice such as possibilities to opt out , consequences of career gaps or part - time contracts , contributions , costs and investment options , where applicable .


### institutions should inform members sufficiently in advance before retirement about their pay - out options . where the retirement benefit is not paid out as a lifetime annuity , members that approach retirement should receive information about the benefit payment products available , in order to facilitate financial planning for retirement . ### institutions should inform members sufficiently in advance before retirement about their pay - out options . where the retirement benefit is not paid out as a lifetime annuity , members that approach retirement should receive clear , tailored and gender - disaggregated information about the benefit payment products available , in order to facilitate financial planning for retirement .


### in accordance with the principle of subsidiarity and taking due account of the scale of pension benefits offered by the social - security regimes , member states may provide that the option of longevity and disability cover , provision for surviving dependants and a guarantee of repayment of contributions as additional benefits be offered to members if employers and employees , or their respective representatives , so agree . ### in accordance with the principle of subsidiarity and taking due account of the scale of pension benefits offered by the social - security regimes , member states may provide that a national minimum pension be introduced which cannot fall below the risk - of - poverty threshold , that the option of longevity and disability cover , provision for surviving dependants and a guarantee of repayment of contributions as additional benefits be offered to members if employers and employees , or their respective representatives , so agree .


### member states shall require institutions to ensure that all persons who effectively run the institution or have other key functions fulfil the following requirements when carrying out their tasks : ### member states shall require institutions to ensure that their management is gender - balanced and that all persons who effectively run the institution or have other key functions fulfil the following requirements when carrying out their tasks :


### they are of good repute and integrity . ### they are of good repute and integrity , including demonstrating gender sensitivity .


### institutions shall regularly disclose publicly relevant information regarding the remuneration policy unless otherwise provided in the laws , regulations and administrative provisions transposing directive 95 / 46 / ec of the european parliament and of the council . ### institutions shall regularly disclose publicly relevant information regarding the remuneration policy using specific indicators to link remuneration to fit and proper management , integrity and gender equality unless otherwise provided in the laws , regulations and administrative provisions transposing directive 95 / 46 / ec of the european parliament and of the council .


### - there shall be clear , transparent and effective governance with regard to remuneration and its oversight . ### - there shall be clear , transparent , gender sensitive and effective governance with regard to remuneration and its oversight .


### member states shall require institutions to incorporate a risk - management function , an internal audit function , and , where applicable , an actuarial function . the reporting lines associated with each key function shall ensure the key function ' s ability to undertake its duties effectively in an objective , fair and independent manner . ### member states shall require institutions to incorporate a risk - management function , an internal and external audit function , and , where applicable , an actuarial function . the reporting lines associated with each key function shall ensure the key function ' s ability to undertake its duties effectively in an objective , fair , gender equal and independent manner .


### assess the sufficiency and quality of the data used in the calculation of technical provisions ; ### assess the sufficiency , quality and gender sensitivity of the data used in the calculation of technical provisions ;


### the ability to comply with the requirements regarding technical provisions laid down in article 14 ; ### the ability to comply with the requirements regarding technical provisions laid down in article 14 without generating indirect discrimination against women ;


### it shall be regularly updated ; ### it shall be regularly updated and constantly adapted to the needs of individual members , including in order to take account of differences in comprehension related to gender and age ;


### proposal for a regulation of the european parliament and of the council laying down rules on the making available on the market of ce marked fertilising products and amending regulations no 1069 / 2009 and no 1107 / 2009 ### proposal for a regulation of the european parliament and of the council laying down rules on the making available on the market of ce marked fertilisers and improving nutrition efficiency products and amending regulations no 1069 / 2009 and no 1107 / 2009 ' applies throughout the text . adopting it will necessitate corresponding changes throughout . )


### contaminants in ce marked fertilising products , such as cadmium , can potentially pose a risk to human and animal health and the environment as they accumulate in the environment and enter the food chain . their content should therefore be limited in such products . furthermore , impurities in ce marked fertilising products derived from bio - waste , in particular polymers but also metal and glass , should be either prevented or limited to the extent technically feasible by detection of such impurities in separately collected bio - waste before processing . ### contaminants in ce marked fertilising products , such as cadmium , can potentially pose a risk to human and animal health and the environment as they accumulate in the environment and enter the food chain . cadmium content in cereals , vegetables , meat , fish and fisheries products , and food supplements , is strictly controlled in the eu through the maximum levels thereof laid down in regulation no 488 / 2014 . the content of heavy metals , such as cadmium , in phosphate fertilisers should therefore be limited by establishing harmonised limit values that take account of thresholds already in place in some member states , and decadmiation techniques that are viable on an industrial scale . furthermore , impurities in ce marked fertilising products derived from bio - waste , in particular polymers but also metal and glass , should be either prevented or limited to the extent technically feasible by detection of such impurities in separately collected bio - waste before processing .


### for certain recovered wastes within the meaning of directive 2008 / 98 / ec of the european parliament and of the council20 , a market demand for their use as fertilising products has been identified . furthermore , certain requirements are necessary for the waste used as input in the recovery operation and for the treatment processes and techniques , as well as for fertilising products resulting from the recovery operation , in order to ensure that the use of those products does not lead to overall adverse environmental or human health impacts . for ce marked fertilising products , those requirements should be laid down in this regulation . therefore , as of the moment of compliance with all the requirements of this regulation , such products should cease to be regarded as waste within the meaning of directive 2008 / 98 / ec . __________________ 20 directive 2008 / 98 / ec of the european parliament and of the council on waste and repealing certain directives . ### for certain recovered wastes such as struvite , biochar and ash - based products within the meaning of directive 2008 / 98 / ec of the european parliament and of the council20 , a market demand for their use as fertilising products has been identified . furthermore , certain requirements are necessary for the waste used as input in the recovery operation and for the treatment processes and techniques , as well as for fertilising products resulting from the recovery operation , in order to ensure that the use of those products does not lead to overall adverse environmental or human health impacts . for ce marked fertilising products , those requirements should be laid down in this regulation . therefore , as of the moment of compliance with all the requirements of this regulation , such products should cease to be regarded as waste , within the meaning of directive 2008 / 98 / ec , and accordingly it should be possible for products containing or consisting of such recovered waste materials to access the internal market . to ensure legal clarity and to further incentivise producers to increase their use of valuable waste streams , the scientific analyses and the setting of process requirements on union level for such products should start immediately after the entry into force of this regulation . accordingly , the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission in respect of defining , without unnecessary delay , larger or additional categories of component materials eligible for the use in the production of ce marked fertilising products such as struvite , biochar and ash - based products . __________________ 20 directive 2008 / 98 / ec of the european parliament and of the council on waste and repealing certain directives .


### certain substances , mixtures and micro - organisms , commonly referred to as plant biostimulants , are not as such nutrients , but nevertheless stimulate plants ' nutrition processes . where such products aim solely at improving the plants ' nutrient use efficiency , tolerance to abiotic stress , or crop quality traits , they are by nature more similar to fertilising products than to most categories of plant protection products . such products should therefore be eligible for ce marking under this regulation and excluded from the scope of regulation no 1107 / 2009 of the european parliament and of the council21 . regulation no 1107 / 2009 should therefore be amended accordingly . __________________ 21 regulation no 1107 / 2009 of the european parliament and of the council of 21 october 2009 concerning the placing of plant protection products on the market and repealing council directives 79 / 117 / eec and 91 / 414 / eec . ### certain substances , micro - organisms and mixtures thereof , commonly referred to as plant biostimulants , are not necessarily nutrients as such , but nevertheless stimulate plants ' general vigour and nutrition processes . where such products aim solely at improving the plants ' nutrient use efficiency , nutrient availability , tolerance to abiotic stress , plant quality traits , or yield they are by nature more similar to fertilising products than to most categories of plant protection products . such products should therefore be eligible for ce marking under this regulation and excluded from the scope of regulation no 1107 / 2009 of the european parliament and of the council21 . regulation no 1107 / 2009 should therefore be amended accordingly . __________________ 21 regulation no 1107 / 2009 of the european parliament and of the council of 21 october 2009 concerning the placing of plant protection products on the market and repealing council directives 79 / 117 / eec and 91 / 414 / eec .


### promising technical progress is being made in the field of recycling of waste , such as phosphorus recycling from sewage sludge , and fertilising product production from animal by - products , such as biochar . it should be possible for products containing or consisting of such materials to access the internal market without unnecessary delay when the manufacturing processes have been scientifically analysed and process requirements have been established at union level . for that purpose , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of defining larger or additional categories of ce marked fertilising products or component materials eligible for use in the production of such products . for animal by - products , component material categories should be expanded or added only to the extent an end point in the manufacturing chain has been determined in accordance with the procedures laid down in regulation no 1069 / 2009 , since animal by - products for which no such end point has been determined are in any event excluded from the scope of this regulation . ### promising technical progress is being made in the field of recycling of waste , such as phosphorus recycling from sewage sludge , and fertilising product production from animal by - products , such as biochar . it should be possible for products containing or consisting of such materials to access the internal market without unnecessary delay when the manufacturing processes have been scientifically analysed , when the end products do not contain more than the natural soil level of harmful components or organic pollutants and have been proved to be safe in practice , and when process requirements have been established at union level . for that purpose , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of defining larger or additional categories of ce marked fertilising products or component materials eligible for use in the production of such products . for animal by - products , component material categories should be expanded or added only to the extent an end point in the manufacturing chain has been determined in accordance with the procedures laid down in regulation no 1069 / 2009 , since animal by - products for which no such end point has been determined are in any event excluded from the scope of this regulation .


### the commission shall be empowered to adopt delegated acts in accordance with article 43 to amend annexes i to iv for the purposes of adapting them to technical progress and facilitating internal market access and free movement for ce marked fertilising products ### the commission shall be empowered to adopt delegated acts in accordance with article 43 and taking into account the results of the report mentioned in paragraph 1a to amend annexes i to iv for the purposes of adapting them to technical progress and facilitating internal market access and free movement for ce marked fertilising products


### taxonomic relation to micro - organism species fulfilling the requirements for a qualified presumption of safety as established by the european food safety agency ; ### taxonomic relation to micro - organism species fulfilling the requirements for a qualified presumption of safety as established by the european food safety authority ;


### of solely biological origin , excluding material which is fossilized or embedded in geological formations . ### of solely biological origin , including peat , leonardite , lignite and humic substances obtained from them , but excluding other material which is fossilized or embedded in geological formations .


### of solely biological origin , excluding material which is fossilized or embedded in geological formations . ### of solely biological origin , excluding material which is fossilized or embedded in geological formations , with the exemption of leonardite , lignite and peat .


### an organic soil improver shall consist exclusively of material of solely biological origin , excluding material which is fossilized or embedded in geological formations . ### an organic soil improver shall contain material of biological origin and can also contain leonardite , lignite and peat . the ce marked fertilising product shall contain 15% or more material of biological origin and can also contain leonardite , lignite and peat .


### cadmium ### cadmium - 80 mg / kg p2o5 .


### - 2 , 5% by mass of total nitrogen , ### - 2 , 5% by mass of total nitrogen , and / or


### - 2% by mass of total nitrogen , ### - 1% by mass of total nitrogen , and / or


### - as of [ publications office , please insert the date occurring three years after the date of application of this regulation ] : 40 mg / kg phosphorus pentoxide , and ### - as of [ publications office , please insert the date occurring ten years after the date of application of this regulation ] : 50 mg / kg phosphorus pentoxide , subject to the conclusions of the commission report and the progress made in research and innovation concerning the elimination of cadmium ,


### - as of [ publications office , please insert the date occurring three years after the date of application of this regulation ] : 40 mg / kg phosphorus pentoxide , and ### - as of [ publications office , please insert the date occurring three years after the date of application of this regulation ] : 80 mg / kg phosphorus pentoxide , and


### - as of [ publications office , please insert the date occurring three years after the date of application of this regulation ] : 40 mg / kg phosphorus pentoxide , and ### - as of [ publications office , please insert the date occurring five years after the date of application of this regulation ] : 40 mg / kg phosphorus pentoxide , and


### - as of [ publications office , please insert the date occurring three years after the date of application of this regulation ] : 40 mg / kg phosphorus pentoxide , and ### - as of [ publications office , please insert the date occurring three years after the date of application of this regulation ] : 30 mg / kg phosphorus pentoxide , and


### - as of [ publications office , please insert the date occurring three years after the date of application of this regulation ] : 40 mg / kg phosphorus pentoxide , and ### - as of [ publications office , please insert the date occurring six years after the date of application of this regulation ] : 40 mg / kg phosphorus pentoxide , and


### a soil improver shall be a ce marked fertilising product aimed at being added to the soil for the purpose of maintaining , improving or protecting the physical or chemical properties , the structure or the biological activity of soil . ### a soil improver shall be a material added to soil in situ primarily to maintain or improve its physical properties , and which may improve its chemical and / or biological properties or activity .


### thermophilic anaerobic digestion at 55°c with a treatment process including a pasteurisation step ; ### thermophilic anaerobic digestion at 55°c with a treatment process including a pasteurisation step as defined in commission regulation no 142 / 2011 implementing regulation no 1069 / 2009 annex v chapter 1 section 1 , point 1 ;


### mesophilic anaerobic digestion at 37 - 40°c with a treatment process including a pasteurisation step ; or ### mesophilic anaerobic digestion at 37 - 40°c with a treatment process including a pasteurisation step as defined in commission regulation no 142 / 2011 implementing regulation no 1069 / 2009 annex v chapter 1 section 1 , point 1 ; or


### increasing the water retention capacity of the ce marked fertilising product . ### increasing the water retention capacity of the ce marked fertilising product , or


### for some carcinogens and mutagens it is necessary to consider other absorption pathways , including the possibility of penetration through the skin , in order to ensure the best possible level of protection . ### in accordance with the precautionary principle , it is essential to consider alternative absorption pathways for carcinogens , mutagens and reprotoxins , including the possibility of penetration through the skin , in order to ensure the highest possible level of protection for the health and safety of workers .


### the scientific committee on occupational exposure limits assists the commission , in particular , in evaluating the latest available scientific data and in proposing occupational exposure limits for the protection of workers from chemical risks , to be set at eu level pursuant to council directive 98 / 24 / ec47 and directive 2004 / 37 / ec . for the chemical agents o - toluidine and 2 - nitropropane , there were no committee recommendations available and other sources of scientific information , adequately robust and in the public domain , were considered . 48 , 49 __________________ 47 council directive 98 / 24 / ec of 7 april 1998 on the protection of the health and safety of workers from the risks related to chemical agents at work of directive 89 / 391 / eec ) . 48 http : / / monographs . iarc . fr / eng / monographs / vol77 / mono77 - 11 . pdf http : / / monographs . iarc . fr / eng / monographs / vol99 / mono99 - 15 . pdf and http : / / monographs . iarc . fr / eng / monographs / vol100f / mono100f - 11 . pdf 49 http : / / monographs . iarc . fr / eng / monographs / vol1 - 42 / mono29 . pdf and http : / / monographs . iarc . fr / eng / monographs / vol71 / mono71 - 49 . pdf ### the scientific committee on occupational exposure limits assists the commission , in particular , in identifying , evaluating and analysing in detail the latest available scientific data and in proposing occupational exposure limits for the protection of workers from chemical risks , to be set at eu level pursuant to council directive 98 / 24 / ec47 and directive 2004 / 37 / ec . for the chemical agents o - toluidine and 2 - nitropropane , there were no committee recommendations available and other sources of scientific information , adequately robust and in the public domain , were considered . 48 , 49 __________________ 47 council directive 98 / 24 / ec of 7 april 1998 on the protection of the health and safety of workers from the risks related to chemical agents at work of directive 89 / 391 / eec ) . 48 http : / / monographs . iarc . fr / eng / monographs / vol77 / mono77 - 11 . pdf http : / / monographs . iarc . fr / eng / monographs / vol99 / mono99 - 15 . pdf and http : / / monographs . iarc . fr / eng / monographs / vol100f / mono100f - 11 . pdf 49 http : / / monographs . iarc . fr / eng / monographs / vol1 - 42 / mono29 . pdf and http : / / monographs . iarc . fr / eng / monographs / vol71 / mono71 - 49 . pdf


### given that the present act concerns the workers ' health at their workplace , the deadline for transposition should be two years . ### given that the present act concerns the protection of workers ' health and safety at their workplace , the deadline for transposition should not be later than two years from the date of entry into force of this directive .


### “this directive has as its aim the protection of workers against risks to their health and safety , including the prevention of such risks , arising or likely to arise from exposure to carcinogens or mutagens at work . ” ### article 1 , paragraph 1 , subparagraph 1 is amended as follows “this directive has as its aim the protection of workers against risks to their health and safety , including the prevention of such risks , arising or likely to arise from exposure to carcinogens , mutagens or reprotoxics at work . ”


### the promotion of innovation and technological development in the union defence industry should take place in a manner coherent with the security and defence interests of the union . accordingly , the action ' s contribution to those interests and to the defence research and capability priorities commonly agreed by member states should serve as an award criterion . within the union , common defence research and capability shortfalls are identified in the common security and defence policy framework notably through overarching strategic research agenda and the capability development plan . other union processes such as the coordinated annual review on defence and the permanent structured cooperation will support the implementation of relevant priorities through identifying and taking forward opportunities for enhanced cooperation with a view to fulfilling the eu level of ambition on security and defence . where appropriate , regional and international priorities , including those in the north atlantic treaty organisation context , may also be taken into account if they are in line with union priorities and do not prevent any member state or an associated country from participating , while also taking into account that unnecessary duplication should be avoided . ### the promotion of innovation and technological development in the union defence industry should take place in a manner coherent with the security and defence interests of the union . accordingly , the action ' s contribution to those interests and to the defence research and capability priorities commonly agreed by member states should serve as an award criterion . within the union , common defence research and capability shortfalls are identified in the common security and defence policy framework notably through the capability development mechanism . other union processes such as the coordinated annual review on defence and the permanent structured cooperation will support the implementation of relevant priorities through identifying and taking forward opportunities for enhanced cooperation with a view to fulfilling the eu level of ambition on security and defence . where appropriate , regional and international priorities , including those in the north atlantic treaty organisation context , may also be taken into account if they are in line with union priorities and do not prevent any member state or an associated country from participating , while also taking into account that unnecessary duplication should be avoided .


### the commission should establish annual or multiannual work programmes in line with the objectives of the fund . the commission should be assisted in the establishment of the work programme by a committee of member states . in order to benefit from its expertise in the defence sector , the european defence agency will be given the status of an observer in the committee . given the specificities of the defence area , the european external action service should also assist in the committee of member states . ### the commission should establish annual or multiannual work programmes in line with the objectives of the fund . the work programmes should take into account the initial lessons learned from the implementation of the edidp , the pilot project and the preparatory action on defence research . the commission should be assisted in the establishment of the work programme by a committee of member states . in order to benefit from its expertise in the defence sector , the european defence agency will be given the status of an observer in the committee . given the specificities of the defence area , the european external action service should also assist in the committee of member states .


### ' development action ' means any action consisting primarily of defence - oriented activities in the development phase , covering new products or technologies or the upgrading of existing ones , excluding the production or use of weapons ; ### ' development action ' means any action consisting exclusively of defence - oriented activities in the development phase , covering new products or technologies or the upgrading of existing ones , excluding the production or use of weapons ;


### the general objective of the fund is to foster the competitiveness , efficiency and innovation capacity of the european defence industry , by supporting collaborative actions and cross - border cooperation between legal entities throughout the union , including smes and mid - caps as well as fostering the better exploitation of the industrial potential of innovation , research and technological development , at each stage of the industrial life cycle , thus contributing to the union strategic autonomy . the fund should also contribute to the freedom of action of the union and its autonomy , in particular in technological and industrial terms . ### the general objective of the fund is to foster the competitiveness , efficiency and innovation capacity of the industrial and technological base of the european defence sector , by supporting collaborative actions and cross - border cooperation between legal entities throughout the union , including smes and mid - caps as well as fostering the better exploitation of the industrial potential of innovation , research and technological development , at each stage of the life cycle of a defence product or service , thus contributing to the union strategic autonomy . the fund should also contribute to the freedom of action of the union , and its autonomy , in particular in technological and industrial terms .


### the general objective of the fund is to foster the competitiveness , efficiency and innovation capacity of the european defence industry , by supporting collaborative actions and cross - border cooperation between legal entities throughout the union , including smes and mid - caps as well as fostering the better exploitation of the industrial potential of innovation , research and technological development , at each stage of the industrial life cycle , thus contributing to the union strategic autonomy . the fund should also contribute to the freedom of action of the union and its autonomy , in particular in technological and industrial terms . ### the general objective of the fund is to enable the union to apply its competence to define and implement a common foreign and security policy , including the progressive framing of a common defence policy , and to foster the competitiveness , efficiency and innovation capacity of the european defence industry , by supporting collaborative actions and cross - border cooperation between legal entities throughout the union , including smes and mid - caps as well as fostering the better exploitation of the industrial potential of innovation , research and technological development , at each stage of the industrial life cycle , thus contributing to the union strategic autonomy . the fund should also contribute to the freedom of action of the union and its autonomy , in particular in technological and industrial terms .


### support collaborative development projects of defence products and technologies consistent with defence capability priorities commonly agreed by member states within the framework of the common foreign and security policy , thus contributing to greater efficiency of defence spending within the union , achieving greater economies of scale , reducing the risk of unnecessary duplication and as such reducing the fragmentation of defence products and technologies throughout the union . ultimately , the fund will lead to greater interoperability between member states ' capabilities . ### support collaborative development projects of defence products and technologies consistent with defence capability priorities commonly agreed by member states within the framework of the common foreign and security policy and in particular in the context of the capability development plan of the common security and defence policy , thus contributing to greater efficiency of defence spending within the union , achieving greater economies of scale , reducing the risk of unnecessary duplication and the over dependence on imports from third countries and as such reducing the fragmentation of defence products and technologies throughout the union and increasing standardisation and interoperability between member states ' capabilities .


### the commission shall award funding through open and public consultations on the areas of intervention defined in the work programmes . ### the commission shall award funding through open and public consultations on the areas of intervention defined in the work programmes taking into consideration the capability development mechanism .


### an action that has received a contribution from another union programme may also receive a contribution under the fund , provided that the contributions do not cover the same costs . the rules of each contributing union programme / fund shall apply to its respective contribution to the action . the cumulative funding shall not exceed the total eligible costs of the action and the support from the different union programmes may be calculated on a pro - rata basis in accordance with the documents setting out the conditions for support . ### an action that has received a contribution from another union programme , and in particular from the horizon europe framework programme or from the cef for the adaptation of the ten - t networks to military mobility needs , may also receive a contribution under the fund , provided that the contributions do not cover the same costs . the rules of each contributing union programme / fund shall apply to its respective contribution to the action . the cumulative funding shall not exceed the total eligible costs of the action and the support from the different union programmes may be calculated on a pro - rata basis in accordance with the documents setting out the conditions for support .


### applicants and their subcontractors shall be eligible for funding provided that they are established in the union or in an associated country , have their executive management structures in the union or in an associated country and are not controlled by a non - associated third country or by a non - associated third country entity . ### applicants and subcontractors involved in the action shall be eligible for funding provided that they are established in the union or in an associated country , have their executive management structures in the union or in an associated country and are not controlled by a non - associated third country or by a non - associated third country entity .


### by derogation from paragraph 1 , an applicant established in the union or in an associated country and controlled by a non - associated third country or a non - associated third country entity may be eligible for funding if this is necessary for achieving the objectives of the action and provided that its participation will not put at risk the security interests of the union and its member states . in order to ensure protection of the security interests of the union and its member states , the call for proposals shall require the applicant to provide information demonstrating notably that : ### by derogation from paragraph 1 , an applicant established and having its executive management structure in the union or in an associated country and controlled by a non - associated third country or a non - associated third country entity may be eligible for funding if this is necessary for achieving the objectives of the programme and provided that its participation will not put at risk the security interests of the union and its member states . in order to ensure protection of the security interests of the union and its member states , the call for proposals shall require the applicant to commit to implement measures before the beginning of the action ensuring that :


### the results of the action shall remain within the beneficiary and shall not be subject to control or restrictions by non - associated third countries or other non - associated third country entities during the action and for a specified period after its completion ; ### the results of the action shall remain within the beneficiary and shall not be subject to control or restrictions by non - associated third countries or other non - associated third country entities and cannot be exported or given access outside the union without the approval of the member state in which the undertaking is established in , during and after its completion ;


### all infrastructure , facilities , assets and resources used in actions financed under the fund shall be located on the territory of the union or associated countries . furthermore , when performing an eligible action , beneficiaries and their subcontractors shall cooperate only with legal entities established in the union or in an associated country and not controlled by non - associated third countries or non - associated third country entities . ### all infrastructure , facilities , assets and resources used in actions financed under the fund shall be located on the territory of the union or associated countries and shall not be subject to any control or restriction by a non - associated third country or by a non - associated third entity . furthermore , when performing an eligible action , beneficiaries and their subcontractors shall cooperate only with legal entities established in the union or in an associated country and not controlled by non - associated third countries or non - associated third country entities .


### by derogation from the paragraph 3 beneficiaries and subcontractors involved in the action may use their assets , infrastructure , facilities and resources located or held on the territory of a non - associated third country if this is necessary for achieving the objectives of an action and provided that this will not put at risk the security of the union and its member states . under the same conditions , when performing an eligible action , beneficiaries and their subcontractors may cooperate with an entity established in a non - associated third country . the costs related to the use of such infrastructure , facilities , assets or resources and to such cooperation shall not be eligible under the fund . ### by derogation from the paragraph 3 , if there are no competitive substitutes readily available in the union , and if this usage would not contravene the security and defines interests of the union and its member states , beneficiaries and subcontractors involved in the action may use their assets , infrastructure , facilities and resources located or held on the territory of a non - associated third country if this is necessary for achieving the objectives of an action and provided that this will not put at risk the security and the defence interests of the union and its member states . under the same conditions , when performing an eligible action , beneficiaries and their subcontractors may cooperate with an entity established in a non - associated third country . the costs related to the use of such infrastructure , facilities , assets or resources and to such cooperation shall not be eligible under the fund .


### for the purpose of this article , subcontractors means subcontractors with a direct contractual relationship to a beneficiary , other subcontractors to which at least 10% of the total eligible costs of the action is allocated , and subcontractors which may require access to classified information according to commission decision 2015 / 444 in order to carry out the action . ### for the purpose of this article , subcontractors means subcontractors with a direct contractual relationship to a beneficiary , other subcontractors to which at least 10% of the total eligible costs of the action is allocated , subcontractors which may require access to classified information according to commission decision 2015 / 444 in order to carry out the action and subcontractors which need to apply for an export licence in a non - associated third country .


### unless otherwise provided for in the work programme referred to in article 27 , the action shall be undertaken in a cooperation of at least three legal entities which are established in at least three different member states and / or associated countries . at least three of these eligible entities established in at least two member states and / or associated countries shall not , during the whole implementation of the action , be effectively controlled , directly or indirectly , by the same entity , and shall not control each other . ### unless otherwise provided for in the work programme referred to in article 27 , the action shall be undertaken in a cooperation of at least three legal entities which are established in at least three different member states and / or associated countries . every consortium that includes legal entities from an associated country shall also include at least two legal entities from two different member states . at least three of these eligible entities established in at least two member states and / or associated countries shall not , during the whole implementation of the action , be effectively controlled , directly or indirectly , by the same entity , and shall not control each other .


### contribution to the creation of new cross - border cooperation between legal entities , in particular for smes which are established in member states and / or associated countries other than those where the entities in the consortium which are not smes are established ; ### contribution to the creation of new cross - border cooperation between legal entities , in particular for smes ;


### if union assistance is provided in the form of public procurement , results shall be owned by the union . member states and associated countries shall enjoy access rights to the results , free of charge , upon their explicit request . ### if union assistance is provided in the form of public procurement of a study , results shall be owned by the union . member states and associated countries shall enjoy access rights to the results , free of charge , upon their explicit request .


### the grant agreement shall , if justified , lay down the right of the commission to be notified of and object to the transfer of ownership to results or to the granting of a license regarding results to a non - associated third country or a non - associated third country entity . such transfers shall not contravene the defence and security interests of the union and its member states or the objectives of this regulation as set out in article 3 . ### the grant agreement shall , if justified , lay down the right of the commission to be notified of and object to the transfer of ownership to results or to the granting of a license regarding results to a non - associated third country or a non - associated third country entity . such transfers shall not contravene the defence and security interests of the union and its member states or the objectives of this regulation as set out in article 3 . these provisions do not affect the export of products , equipment nor technologies integrating results , and no dot affect the discretion of member states and associated countries regarding policy on the export of defence and related products .


### the national authorities of member states and associated countries shall enjoy access rights to the special report of a project that has received union funding . such access rights shall be granted on a royalty - free basis and transferred by the commission to the member states and associated countries after ensuring that appropriate confidentiality obligations are in place . ### the national authorities of member states and associated countries shall enjoy access rights to the special report of a project that has received union funding . the capacity to manage classified information and the need to know about military projects must be fully preserved and only the information strictly necessary for the evaluation of the project should be transmitted . such access rights shall be granted on a royalty - free basis and transferred by the commission to the member states and associated countries after ensuring that appropriate confidentiality obligations are in place .


### the fund shall be implemented by annual or multi annual work programmes established in accordance with article [ 110 ] of the financial regulation . work programmes shall set out , where applicable , the overall amount reserved for blending operations . ### the fund shall be implemented by annual or multi annual work programmes established in accordance with article [ 110 ] of the financial regulation . work programmes shall set out , where applicable , the overall amount reserved for blending operations . for the establishment of the work programme input from the capability development mechanism shall be taken into consideration .


### the commission shall be assisted by a committee within the meaning of regulation no 182 / 2011 . the european defence agency shall be invited as an observer to provide its views and expertise . the european external action service shall also be invited to assist . ### the commission shall be assisted by a committee within the meaning of regulation no 182 / 2011 . the european defence agency shall be invited as an observer to provide its views and expertise . the european external action service shall also be invited to assist . the committee shall also meet in special configurations , including in order to discuss defence and security aspects ;


### independent experts shall be union ' s citizens identified and selected on the basis of calls for expressions of interest addressed to relevant organisations such as ministries of defence and subordinated agencies , research institutes , universities , business associations or enterprises of the defence sector with a view to establishing a list of experts . by derogation from article [ 237 ] of the financial regulation , this list shall not be made public . ### independent experts shall be identified on the basis of excellence based on calls for expressions of interest addressed to relevant organisations such as ministries of defence and subordinated agencies , research institutes , universities , business associations or enterprises of the defence sector with a view to establishing a list of experts . by derogation from article [ 237 ] of the financial regulation , this list shall not be made public .


### the impact assessment identified two existing sets of provisions , whose aim could be achieved in a more efficient manner compared to the current situation . first the obligation , before any construction starts , to carry out a feasibility study on highly - efficiency alternative systems becomes an unnecessary burden . second , provisions related to inspections of heating systems and air - conditioning systems were found to not sufficiently ensure , in an efficient manner , the initial and maintained performance of these technical systems . even cheap technical solutions with very short payback periods , such as hydraulic balancing of the heating system and installation / replacement of thermostatic control valves , are insufficiently considered today . provisions related to inspections are amended to ensure a better result from inspections . ### the impact assessment identified two existing sets of provisions , whose aim could be achieved in a more efficient manner compared to the current situation . first the obligation , before any construction starts , to carry out a feasibility study on highly - efficiency alternative systems becomes an unnecessary burden . second , provisions related to inspections of heating systems and air - conditioning systems were found to not sufficiently ensure , in an efficient manner , the initial and maintained performance of these technical systems . cheap technical solutions with very short payback periods , such as hydraulic balancing of the heating system and installation / replacement of thermostatic control valves , are insufficiently considered today and should be fully exploited , including as solutions for assisting energy - poor consumers . provisions related to inspections are amended to ensure a better result from inspections . factors such as the original design and position of the building should be taken in account with a view to achieving greater initial energy efficiency , which would , in turn , lead to savings in other improvements , such as the fittings , outer structure and lighting . to obtain real - time data so that systems can be optimised when necessary , monitoring systems also need to be developed .


### in their long - term renovation strategy referred to in paragraph 1 , member states shall set out a roadmap with clear milestones and measures to deliver on the long - term 2050 goal to decarbonise their national building stock , with specific milestones for 2030 . ### in their long - term renovation strategy referred to in paragraph 1 , member states shall set out a roadmap with clear milestones , actions and measures to deliver on the long - term 2050 goal to substantially improve the energy efficiency and to achieve a highly energy - efficient and decarbonized building stock , with specific milestones for 2030 and 2040 . when setting those milestones , member states shall specify how they contribute to achieving the union’s energy efficiency target in 2030 in accordance with the union’s target to reduce greenhouse gas emissions by 80 % to 95 % by 2050 . in addition , the long term renovation strategy shall establish specific measures and financing instruments to decrease energy demand and contribute to the alleviation of energy poverty .


### the aggregation of projects , to make it easier for investors to fund the renovations referred to in points and in paragraph 1 ; ### assisting project developers with the preparation , implementation and monitoring of their energy renovation projects , and mechanisms for the aggregation of projects , to make it easier for investors to fund the renovations referred to in points and in paragraph 1 ;


### member states may decide not to set or apply the requirements referred to in paragraphs 2 and 3 to public buildings which are already covered by directive 2014 / 94 / eu . ; ### member states shall ensure to set or apply the requirements referred to in paragraphs 2 and 3 to public buildings which are already covered by directive 2014 / 94 / eu . ;


### member states shall ensure that , when a technical building system is installed , replaced or upgraded , the overall energy performance of the complete altered system is assessed , documented it and passed on to the building owner , so that it remains available for the verification of compliance with the minimum requirements set pursuant to paragraph 1 and the issue of energy performance certificates . member states shall ensure that this information is included in the national energy performance certificate database referred to in article 18 . ### member states shall ensure that , when a central technical building system is installed , replaced or upgraded , the overall energy performance of the complete altered system is assessed , documented it and passed on to the building owner , so that it remains available for the verification of compliance with the minimum requirements set pursuant to paragraph 1 and the issue of energy performance certificates . member states shall ensure that this information is included in the national energy performance certificate database referred to in article 18 .


### ‘ 6 . member states shall link their financial measures for energy efficiency improvements in the renovation of buildings to the energy savings achieved due to such renovation . these savings shall be determined by comparing energy performance certificates issued before and after renovation . ’ ; ### ‘ 6 . member states may link their financial measures for energy efficiency improvements in the renovation of buildings to the energy savings achieved due to such renovation . these savings shall be determined by comparing energy performance certificates issued before and after renovation ; where the requirement for a new energy performance certificate is economically disproportionate in view of the extent of the renovation , member states shall permit smaller - scale renovations to be added subsequently to energy performance certificates that have already been issued . ’ ;


### ‘ 6a . when member states put in place a database for registering epcs it shall allow tracking the actual energy consumption of the buildings covered , regardless of their size and category . the database shall contain the actual energy consumption data of buildings frequently visited by the public with useful floor area of over 250 m² which shall be regularly updated . ### ‘ 6a . when member states put in place a database for registering epcs it shall allow tracking the actual energy demand of the buildings covered , regardless of their size and category . the database shall contain the actual energy consumption data of buildings frequently visited by the public with useful floor area of over 250 m² which shall be regularly updated .


### the energy performance of a building shall reflect its typical energy use for heating , cooling , domestic hot water , ventilation and lighting . ### the energy performance of a building is to be determined on the basis of the estimated or actual energy usage for heating , cooling , domestic hot water , ventilation and lighting and shall reflect its typical energy use for heating , cooling , domestic hot water , ventilation and lighting .


### ‘ 1 . the energy performance of a building shall reflect its typical energy use for heating , cooling , domestic hot water , ventilation and lighting . ### ‘ 1 . the energy performance of a building shall be determined on the basis of the calculated or actual energy use and reflect its typical energy use for heating , cooling , domestic hot water , ventilation and lighting .


### the calculation of primary energy shall be based on primary energy factors per energy carrier , which may be based on national or regional annual weighted averages or on more specific information made available for individual district system . ### the calculation of primary energy shall be based on primary energy or weighting factors per energy carrier , which may be based on national or regional or local annual , seasonal or monthly weighted averages or on more specific information made available for individual district system .


### the special actions under creative europe such as the european heritage label , the european heritage days , the european prizes in the areas of contemporary , rock and pop music , literature , heritage and architecture and the european capitals of culture have directly reached millions of european citizens , have demonstrated the social and economic benefits of european cultural policies , and should therefore be continued and whenever possible expanded . ### the special actions under creative europe such as the european heritage label , the european heritage days , the european prizes in the areas of contemporary , rock and pop music , literature , heritage and architecture and the european capitals of culture have directly reached millions of european citizens , have demonstrated the social and economic benefits of european cultural policies , and should therefore be continued and whenever possible expanded . the programme should support networking activities of the european heritage label sites .


### taking into account the technical expertise required to assess proposals under specific actions of the programme it should be provided that , where relevant , evaluation committees may be composed of external experts . ### quality , impact and efficiency in the planned implementation should be among the key criteria for the selection of projects . taking into account the technical expertise required to assess proposals under specific actions of the programme , it should be provided that , where relevant , evaluation committees may be composed of external experts with relevant management and / or artistic backgrounds .


### pursuant to article 94 of council decision 2013 / 755 / eu28 , persons and entities established in overseas countries and territories are eligible for funding subject to the rules and objectives of the programme and possible arrangements applicable to the member state to which the relevant overseas country or territory is linked . __________________ 28 council decision 2013 / 755 / eu of 25 november 2013 on the association of the overseas countries and territories with the european union . ### pursuant to article 94 of council decision 2013 / 755 / eu28 , persons and entities established in overseas countries and territories are eligible for funding subject to the rules and objectives of the programme and possible arrangements applicable to the member state to which the relevant overseas country or territory is linked . the constraints imposed by the remoteness of these countries or territories should be taken into account when implementing the programme , and their effective participation monitored and regularly evaluated . __________________ 28 council decision 2013 / 755 / eu of 25 november 2013 on the association of the overseas countries and territories with the european union .


### in order to ensure smooth implementation of the programme , the costs incurred by the beneficiary before the grant application is submitted , in particular costs related to intellectual property rights , may be considered as eligible , provided that they are directly linked to the implementation of the supported actions . ### in order to ensure the continuity of funding support provided under the programme and cover the increasing funding gaps experienced by beneficiaries , the costs incurred by the beneficiary before the grant application is submitted , in particular costs related to intellectual property rights , shall be considered as eligible , provided that they are directly linked to the implementation of the supported actions .


### ' cross sectoral strand ' covers activities across all cultural and creative sectors . ### ' cross sectoral strand ' covers activities across all cultural and creative sectors , including the news media sector .


### to promote international capacity building of european cultural and creative sectors to be active at the international level ; ### to promote international capacity building of european cultural and creative sectors , including grass - roots and micro - organisations , to be active at the international level ;


### to ensure effective assessment of progress of the programme towards the achievement of its objectives , the commission is empowered to adopt delegated acts in accordance with article 19 to develop the provisions for a monitoring and evaluation framework , including amendments to annex ii in order to review or supplement the indicators where necessary for monitoring and evaluation . ### to ensure effective assessment of progress of the programme towards the achievement of its objectives , the commission is empowered to adopt delegated acts in accordance with article 19 to develop the provisions for a monitoring and evaluation framework , including amendments to annex ii in order to review or supplement the indicators . if appropriate , the commission shall adopt a delegated act on indicators by 31 december 2022 .


### european heritage label ensuring financial support to decision no 1194 / 2011 / eu of the european parliament and of the council34 ; __________________ 34 decision no 1194 / 2011 / eu of the european parliament and of the council of 16 november 2011 establishing a european union action for the european heritage label . ### european heritage label ensuring financial support to decision no 1194 / 2011 / eu of the european parliament and of the council34 and network of the european heritage label sites ; __________________ 34 decision no 1194 / 2011 / eu of the european parliament and of the council of 16 november 2011 establishing a european union action for the european heritage label .


### the priorities of the media strand of the programme referred to in article 5 shall take into account the differences across countries regarding audiovisual content production , distribution , and access , as well as the size and specificities of the respective markets and shall be pursued through , inter alia : ### the priorities of the media strand of the programme referred to in article 5 shall take into account the differences across member states and overseas countries and territories of a member state regarding audiovisual content production , distribution , and access , as well as the size and specificities of the respective markets and shall be pursued through , inter alia :


### support to international sales and circulation of non - national european works on all platforms , including through coordinated distribution strategies covering several countries ; ### support to international sales and circulation of non - national european works on all platforms , targeting both small and larger productions , including through coordinated distribution strategies covering several countries and subtitling , dubbing and audiodescription ;


### a european video on demand operators ' network , screening a significant proportion of non - national european works ; ### european video on demand operators ' network , screening a significant proportion of non - national european works ;


### european festivals ' network screening a significant proportion of non - national european works ; ### european festivals and festivals ' network screening a significant proportion of non - national european works ;


### addressing the structural changes faced by the media sector by promoting and monitoring a diverse and pluralistic media environment ; ### addressing the structural changes faced by the media sector and promoting and supporting an independent monitoring for assessing risks to media pluralism and freedom ;


### the services used for communications purposes , and the technical means of their delivery , have evolved considerably . end - users increasingly replace traditional voice telephony , text messages and electronic mail conveyance services in favour of functionally equivalent online services such as voice over ip , messaging services and web - based e - mail services . in order to ensure an effective and equal protection of end - users when using functionally equivalent services , this regulation uses the definition of electronic communications services set forth in the [ directive of the european parliament and of the council establishing the european electronic communications code24 ] . that definition encompasses not only internet access services and services consisting wholly or partly in the conveyance of signals but also interpersonal communications services , which may or may not be number - based , such as for example , voice over ip , messaging services and web - based e - mail services . the protection of confidentiality of communications is crucial also as regards interpersonal communications services that are ancillary to another service ; therefore , such type of services also having a communication functionality should be covered by this regulation . _________________ 24 commission proposal for a directive of the european parliament and of the council establishing the european electronic communications code ) . ### the services used for communications purposes , and the technical means of their delivery , have evolved considerably . end - users increasingly replace traditional voice telephony , text messages and electronic mail conveyance services in favour of functionally equivalent online services such as voice over ip , messaging services and web - based e - mail services . in order to ensure an effective and equal protection of end - users when using functionally equivalent services , this regulation uses the definition of electronic communications services set forth in the [ directive of the european parliament and of the council establishing the european electronic communications code24 ] . that definition encompasses not only internet access services and services consisting wholly in the conveyance of signals but also interpersonal communications services , which may or may not be number - based , such as for example , voice over ip , messaging services and web - based e - mail services . the protection of confidentiality of communications is crucial also as regards interpersonal communications services that are ancillary to another service ; therefore , such type of services also having a communication functionality should be covered by this regulation . _________________ 24 commission proposal for a directive of the european parliament and of the council establishing the european electronic communications code ) .


### the prohibition of storage of communications is not intended to prohibit any automatic , intermediate and transient storage of this information insofar as this takes place for the sole purpose of carrying out the transmission in the electronic communications network . it should not prohibit either the processing of electronic communications data to ensure the security and continuity of the electronic communications services , including checking security threats such as the presence of malware or the processing of metadata to ensure the necessary quality of service requirements , such as latency , jitter etc . ### the prohibition of storage of communications is not intended to prohibit any automatic , intermediate and transient storage of this information insofar as this takes place for the sole purpose of carrying out the transmission in the electronic communications network . it should not prohibit either the processing of electronic communications data to ensure the security , confidentiality , integrity , availability , authenticity and continuity of the electronic communications services and networks , including checking security threats such as the presence of malware or the processing of metadata to ensure the necessary quality of service requirements , such as latency , jitter etc .