### ‘ quality label’ means the certification attributed to a participating organisation willing to provide solidarity activities under the european solidarity corps , in the role of a host and / or in a support function ; ### ‘ quality label’ means the certification attributed to a non - profit participating organisation or a non - profit international organisation , willing to provide solidarity activities under the european solidarity corps , in the role of a host and / or in a support function ;


### reinforcing the capacities of the participating organisations to offer good quality projects to an increasing number of european solidarity corps participants ; ### reinforcing the capacities of the non - profit participating organisations to offer good quality , easily accessible , inclusive and adequately funded projects to an increasing number of european solidarity corps participants ;


### the development and maintenance of a quality label for entities willing to provide solidarity activities for the european solidarity corps ; ### the development and maintenance of a quality label for non - profit participating organisations willing to provide solidarity activities for the european solidarity corps ;


### volunteering as referred to in article 4 . 1 , point shall include a learning and training component , shall not substitute traineeships or jobs , shall not be equated with employment and shall be based on a written volunteering agreement . ### volunteering as referred to in article 4 . 1 , point shall have a clear impact on identified community needs , shall include a training preceding the solidarity activity , a solid education and learning&#160 ; component to be organised before , during and after the solidarity activity by the non - profit participating organisation , volunteering shall not substitute traineeships or jobs , shall not be equated with employment and shall be based on a written volunteering agreement in accordance with relevant member state legislation .


### traineeships and jobs may take place in a country other than the country of residence of the participant or in the country of residence of the participant . ### traineeships may take place in a country other than the country of residence of the participant or in the country of residence of the participant .


### the european solidarity corps shall be open to the participation of public or private entities and international organisations , provided that they have received a european solidarity corps quality label . ### the european solidarity corps shall be open to the participation of public or private entities and international non - profit organisations , provided that they have received a european solidarity corps quality label .


### an application from an entity to become a european solidarity corps participating organisation shall be assessed by the competent implementing body of the european solidarity corps on the basis of the principles of equal treatment ; equal opportunities and non - discrimination ; avoidance of job substitution ; provision of high quality activities with learning dimension focusing on personal , socio - educational and professional development ; adequate training , working and volunteering arrangements ; safe and decent environment and conditions ; and the ‘ no - profit principle’ in compliance with the financial regulation . the above principles ascertain whether its activities meet the requirements of the european solidarity corps . ### an application from an entity to become a european solidarity corps participating organisation shall be assessed by the competent implementing body of the european solidarity corps on the basis of the principles of equal treatment ; equal opportunities and non - discrimination ; avoidance of job substitution ; provision of high quality , easily accessible , inclusive and adequately funded activities with clear added value for identified community needs , a learning dimension focusing on personal , socio - educational development ; adequate training , and volunteering arrangements ; safe and decent social and environment conditions ; and the ‘ non - profit principle’ in compliance with the financial regulation . the above principles ascertain whether its activities meet the requirements of the european solidarity corps .


### any public or private entity established in a participating country as well as international organisations may apply for funding under the european solidarity corps . in the case of the activities referred to in articles 7 , 8 and 11 , a quality label shall be obtained by the participating organisation as a pre - condition for receiving funding under the european solidarity corps . in the case of the solidarity projects referred to article 9 , natural persons may also apply for funding on behalf of informal groups of european solidarity corps participants . ### any public or private non - profit participating organisation established in a participating country as well as international organisations may apply for funding under the european solidarity corps . in the case of the activities referred to in articles 7 , 8 and 11 , a quality label shall be obtained by the non - profit participating organisation as a pre - condition for receiving funding under the european solidarity corps . in the case of the solidarity projects referred to article 9 , natural persons may also apply for funding on behalf of informal groups of european solidarity corps participants .


### to focus efforts where they are most needed , this directive should only cover the most found single - use plastics products , which are estimated to represent around 86% of the single - use plastics found , in counts , on beaches in the union . ### to focus efforts where they are most needed , this directive should cover the most commonly found single - use plastics products , which are estimated to represent around 86% of the single - use plastics found , in counts , on beaches in the union , and also fishing gear . the transition to a circular economy will necessitate a reduction in the overall use of single use plastic .


### for certain single - use plastic products , suitable and more sustainable alternatives are not yet readily available and the consumption of most such single - use plastic products is expected to increase . to reverse that trend and promote efforts towards more sustainable solutions member states should be required to take the necessary measures to achieve a significant reduction in the consumption of those products , without compromising food hygiene or food safety , good hygiene practices , good manufacturing practices , consumer information , or traceability requirements set out in union food legislation44 . _________________ 44 regulation 178 / 2002 laying down the general principles and requirements of food law , regulation no 852 / 2004 on the hygiene of foodstuffs , regulation no 1935 / 2004 on materials intended to come into contact and other relevant legislation related to food safety , hygiene and labeling . ### for certain single - use plastic products , suitable and more sustainable alternatives are not yet readily available and the consumption of most such single - use plastic products is expected to increase . to reverse that trend and move towards more sustainable solutions member states should be required to take the necessary measures to achieve a significant reduction in the consumption of those products , without compromising food hygiene or food safety , good hygiene practices , good manufacturing practices , consumer information , or traceability requirements set out in union food legislation44 . reduction in overall consumption of single use products is crucial in transitioning to a circular economy . _________________ 44 regulation 178 / 2002 laying down the general principles and requirements of food law , regulation no 852 / 2004 on the hygiene of foodstuffs , regulation no 1935 / 2004 on materials intended to come into contact and other relevant legislation related to food safety , hygiene and labeling .


### member states shall take the necessary measures to achieve a significant reduction in the consumption of the single - use plastic products listed in part a of the annex on their territory by … [ six years after the end - date for transposition of this directive ] . ### member states shall take the necessary measures to achieve a 50% reduction in the consumption of the single - use plastic products listed in part a of the annex on their territory by 2025 and an 80% reduction by 2030 . member states shall establish a baseline by [ 18 months after the end date for transposition of this directive ] . member states shall adopt plans for the achievement of these reductions , including the measures taken .


### the cross - border cooperation component should also involve cooperation between one or more member states and one or more countries or other territories outside the union . covering internal and external cross - border cooperation under this regulation should result in a major simplification and streamlining of applicable provisions for the programme authorities in the member states and for the partner authorities and beneficiaries outside the union compared to the programming period 2014 - 2020 . ### the cross - border cooperation component should also involve cooperation between one or more member states and one or more countries or other territories outside the european union . covering internal and external cross - border cooperation under this regulation should result in a major simplification and streamlining of applicable provisions for the programme authorities in the member states and for the partner authorities and beneficiaries outside the european union compared to the programming period 2014 - 2020 .


### the transnational cooperation and maritime cooperation component should aim to strengthen cooperation by means of actions conducive to integrated territorial development linked to the union ' s cohesion policy priorities , and should also include maritime cross - border cooperation . transnational cooperation should cover larger territories on the mainland of the union , whereas maritime cooperation should cover territories around sea - basins and integrate cross - border cooperation on maritime borders during the programming period 2014 - 2020 . maximum flexibility should be given to continue implementing previous maritime cross - border cooperation within a larger maritime cooperation framework , in particular by defining the territory covered , the specific objectives for such cooperation , the requirements for a project partnership and the setting - up of sub - programmes and specific steering committees . ### any cross - border cooperation , whether it be land or maritime borders , should aim to strengthen cooperation by means of actions conducive to integrated territorial development linked to the european union ' s cohesion policy priorities , and should also include maritime cross - border cooperation . transnational cooperation should cover larger territories on the mainland of the european union , whereas maritime cooperation should cover territories around sea - basins and integrate cross - border cooperation on maritime borders during the programming period 2014 - 2020 . maximum flexibility should be given to continue implementing previous maritime cross - border cooperation within a larger maritime cooperation framework , in particular by defining the territory covered , the specific objectives for such cooperation , the requirements for a project partnership and the setting - up of sub - programmes and specific steering committees .


### based on the experience with the interregional cooperation programmes under interreg and the lack of such cooperation within programmes under the investment for jobs and growth goal during the programming period 2014 - 2020 , the interregional cooperation component should focus more specifically on boosting the effectiveness of cohesion policy . that component should therefore be limited to two programmes , one to enable all kind of experience , innovative approaches and capacity building for programmes under both goals and to promote european groupings of territorial cooperation set up or to be set up pursuant to regulation no 1082 / 2006 of the european parliament and of the council24 and one to improve the analysis of development trends . project - based cooperation throughout the union should be integrated into the new component on interregional innovation investments and closely linked to the implementation of the communication from the commission ' strengthening innovation in europe ' s regions : strategies for resilient , inclusive and sustainable growth ' 25 , in particular to support thematic smart specialisation platforms on fields such as energy , industrial modernisation or agrifood . finally , integrated territorial development focusing on functional urban areas or urban areas should be concentrated within programmes under the investment for jobs and growth goal and in one accompanying instrument , the ‘ european urban initiative” . the two programmes under the interregional cooperation component should cover the whole union and should also be open for the participation of third countries . _________________ 24 regulation no 1082 / 2006 of the european parliament and of the council of 5 july 2006 on a european grouping of territorial cooperation . 25 communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions ' strengthening innovation in europe ' s regions : strategies for resilient , inclusive and sustainable growth ' - com 376 final , 18 . 7 . 2017 . ### based on the experience with the interregional cooperation programmes under interreg and the lack of such cooperation within programmes under the investment for jobs and growth goal during the programming period 2014 - 2020 , the interregional cooperation component should focus more specifically on boosting the effectiveness of cohesion policy . that component should therefore be limited to two programmes , one to enable all kind of experience , innovative approaches and capacity building for programmes under both goals and to promote european groupings of territorial cooperation set up or to be set up pursuant to regulation no 1082 / 2006 of the european parliament and of the council24 and one to improve the analysis of development trends . project - based cooperation throughout the european union should be integrated into the new component on interregional innovation investments and closely linked to the implementation of the communication from the commission ' strengthening innovation in europe ' s regions : strategies for resilient , inclusive and sustainable growth ' 25 , in particular to support thematic smart specialisation platforms on fields such as energy , industrial modernisation or agrifood . finally , integrated territorial development focusing on functional urban areas or urban areas should be concentrated within programmes under the investment for jobs and growth goal and in one accompanying instrument , the ‘ european urban initiative” . the two programmes under the interregional cooperation component should cover the whole european union and should also be open for the participation of third countries . _________________ 24 regulation no 1082 / 2006 of the european parliament and of the council of 5 july 2006 on a european grouping of territorial cooperation . 25 communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions ' strengthening innovation in europe ' s regions : strategies for resilient , inclusive and sustainable growth ' - com 376 final , 18 . 7 . 2017 .


### objective criteria for designating eligible regions and areas should be established . to that end , the identification of eligible regions and areas at union level should be based on the common system of classification of the regions established by regulation no 1059 / 2003 of the european parliament and of the council26 . _________________ 26 regulation no 1059 / 2003 of the european parliament and of the council of 26 may 2003 on the establishment of a common classification of territorial units for statistics . ### objective and transparent criteria for designating eligible regions and areas should be established . to that end , the identification of eligible regions and areas at union level should be based on the common system of classification of the regions established by regulation no 1059 / 2003 of the european parliament and of the council26 . _________________ 26 regulation no 1059 / 2003 of the european parliament and of the council of 26 may 2003 on the establishment of a common classification of territorial units for statistics .


### objective criteria for designating eligible regions and areas should be established . to that end , the identification of eligible regions and areas at union level should be based on the common system of classification of the regions established by regulation no 1059 / 2003 of the european parliament and of the council26 . _________________ 26 regulation no 1059 / 2003 of the european parliament and of the council of 26 may 2003 on the establishment of a common classification of territorial units for statistics . ### objective criteria for designating eligible regions and areas should be established . to that end , the identification of eligible regions and areas at european union level should be based on the common system of classification of the regions established by regulation no 1059 / 2003 of the european parliament and of the council26 . _________________ 26 regulation no 1059 / 2003 of the european parliament and of the council of 26 may 2003 on the establishment of a common classification of territorial units for statistics .


### it is necessary to continue supporting or , as appropriate , to establish cooperation in all its dimensions with the union ' s neighbouring third countries , as such cooperation is an important regional development policy tool and should benefit the regions of the member states which border third countries . to that effect , the erdf and the external financing instruments of the union , ipa27 , ndici28 and octp29 , should support programmes under cross - border cooperation , transnational cooperation and maritime cooperation , outermost regions’ cooperation and interregional cooperation . the support from the erdf and from the external financing instruments of the union should be based on reciprocity and proportionality . however , for ipa iii cbc and ndici cbc , the erdf support should be complemented by at least equivalent amounts under ipa iii cbc and ndici cbc , subject to a maximum amount set out in the respective legal act , that is to say , up to 3 % of the financial envelope under ipa iii and up to 4 % of the financial envelope of the neighbourhood geographic programme under article 4 of the ndici . _________________ 27 regulation xxx establishing the instrument for pre - accession assistance . 28 regulation xxx establishing the neighbourhood , development and international cooperation instrument . 29 council decision xxx on the association of the overseas countries and territories with the european inion including relations between the european union on the one hand and greenland and the kingdom of denmark on the other . ### it is necessary to continue supporting or , as appropriate , to establish cooperation in all its dimensions with the union ' s neighbouring third countries , as such cooperation is an important regional development policy tool and should benefit the regions of the member states which border third countries . to that effect , the erdf and the external financing instruments of the european union , ipa27 , ndici28 and octp29 , should support programmes under cross - border cooperation , transnational cooperation and maritime cooperation , outermost regions’ cooperation and interregional cooperation . the support from the erdf and from the external financing instruments of the european union should be based on reciprocity and proportionality . however , for ipa iii cbc and ndici cbc , the erdf support should be complemented by at least equivalent amounts under ipa iii cbc and ndici cbc , subject to a maximum amount set out in the respective legal act , that is to say , up to 3 % of the financial envelope under ipa iii and up to 4 % of the financial envelope of the neighbourhood geographic programme under article 4 of the ndici . _________________ 27 regulation xxx establishing the instrument for pre - accession assistance . 28 regulation xxx establishing the neighbourhood , development and international cooperation instrument . 29 council decision xxx on the association of the overseas countries and territories with the european inion including relations between the european union on the one hand and greenland and the kingdom of denmark on the other .


### in view of the specific situation of outmost regions of the union , it is necessary to adopt measures concerning the conditions under which those regions may have access to structural funds . consequently , certain provisions of this regulation should be adapted to the specificities of the outermost regions in order to simplify and foster cooperation with their neighbors , while taking into account the communication from the commission ' a stronger and renewed strategic partnership with the eu ' s outermost regions ' 31 . _________________ 31 communication from the commission to the european parliament , the council , the european economic and social committee , the committee of the regions and the european investment bank ' a stronger and renewed strategic partnership with the eu ' s outermost regions ' , - com 623 final , 24 . 10 . 2017 . ### in view of the specific situation of outmost regions of the european union , it is necessary to adopt measures concerning the conditions under which those regions may have access to structural funds . consequently , certain provisions of this regulation should be adapted to the specificities of the outermost regions in order to simplify and foster cooperation with their neighbors , while taking into account the communication from the commission ' a stronger and renewed strategic partnership with the eu ' s outermost regions ' 31 . _________________ 31 communication from the commission to the european parliament , the council , the european economic and social committee , the committee of the regions and the european investment bank ' a stronger and renewed strategic partnership with the eu ' s outermost regions ' , - com 623 final , 24 . 10 . 2017 .


### pursuant to article [ 63 ] of regulation [ fr - omnibus ] sector - specific rules are to take account of the needs of european territorial cooperation programmes as regards , in particular the audit function . the provisions on the annual audit opinion , the annual control report and the audits of operations should therefore be simplified and adapted to those programmes involving more than one member states . ### pursuant to article [ 63 ] of regulation [ fr - omnibus ] sector - specific rules are to take account of the needs of european territorial cooperation programmes , as regards in particular the audit function . the provisions on the annual audit opinion , the annual control report and the audits of operations should therefore be simplified and adapted to those programmes involving more than one member state .


### a clear chain of financial liability in respect of recovery for irregularities should be established from sole or other partners via the lead partner and the managing authority to the commission . provision should be made for liability of member states , third countries , partner countries or overseas countries and territories , where obtaining recovery from the sole or other or lead partner is not successful , meaning that the member state reimburses the managing authority . consequently , under interreg programmes there is no scope for irrecoverable amounts on the level of beneficiaries . it is , however , necessary to clarify the rules , should a member state , third country , partner country or oct not reimburse the managing authority . the obligations of the lead partner for recovery should also be clarified . in particular , the managing authority should not be allowed to oblige the lead partner to launch a judicial procedure in a different country . ### a clear chain of financial liability in respect of recovery for irregularities should be established from sole or other partners via the lead partner and the managing authority to the commission . provision should be made for liability of member states , third countries , partner countries or overseas countries and territories , where obtaining recovery from the sole or other or lead partner is not successful , meaning that the member state reimburses the managing authority . consequently , under interreg programmes there is no scope for irrecoverable amounts on the level of beneficiaries . it is necessary , however , to clarify the rules should a member state , third country , partner country or oct not reimburse the managing authority . the obligations of the lead partner for recovery should also be clarified . in particular , the managing authority should not be allowed to oblige the lead partner to launch a judicial procedure in a different country .


### in order to ensure uniform conditions for the adoption or amendment of interreg programmes , implementing powers should be conferred on the commission . however , external cross - border cooperation programmes should respect , where applicable , committee procedures established under regulations [ ipa iii ] and [ ndici ] with regard to the first approval decision of those programmes . ### in order to ensure uniform conditions for the adoption or amendment of interreg programmes , implementing powers should be conferred on the commission . however , where applicable , external cross - border cooperation programmes should respect committee procedures established under regulations [ ipa iii ] and [ ndici ] with regard to the first approval decision of those programmes .


### for cross - border cooperation , the regions to be supported by the erdf shall be the nuts level 3 regions of the union along all internal and external land borders with third countries or partner countries . ### for cross - border cooperation , the regions to be supported by the erdf shall be the nuts level 3 regions of the european union along all internal and external land borders with third countries or partner countries .


### for transnational cooperation and maritime cooperation , the regions to be supported by the erdf shall be the nuts level 2 regions of the union covering contiguous functional areas , taking into account , where applicable , macro - regional strategies or sea basin strategies . ### for transnational cooperation and maritime cooperation , the regions to be supported by the erdf shall be the nuts level 2 regions of the european&#160 ; union covering contiguous functional areas , taking into account , where applicable , macro - regional strategies or sea basin strategies .


### for any component 4 interreg programme or for interregional innovation investments under component 5 , the entire territory of the union shall be supported by the erdf . ### for any component 4 interreg programme or for interregional innovation investments under component 5 , &#160 ; each&#160 ; member state of the european union shall be supported by the erdf .


### component 4 interreg programmes may cover the whole or part of the third countries , partner countries , other territories or octs referred to in articles 4 , 5 and 6 , whether or not they are supported by the external financing instruments of the union . ### component 4 interreg programmes may cover the whole or part of the third countries , partner countries , other territories or octs referred to in articles 4 , 5 and 6 , whether or not they are supported by the external financing instruments of the european union .


### the implementing act referred to in paragraph 1 shall also contain a list specifying those nuts level 3 regions of the union taken into account for the erdf allocation for cross - border cooperation at all internal borders and those external borders covered by the external financing instruments of the union as well as a list specifying those nuts level 3 regions taken into account for allocation purposes under component 2b referred to in point of article 9 . ### the implementing act referred to in paragraph 1 shall also contain a list specifying those nuts level 3 regions of the european union taken into account for the erdf allocation for cross - border cooperation at all internal borders and those external borders covered by the external financing instruments of the european union as well as a list specifying those nuts level 3 regions taken into account for allocation purposes under component 2b referred to in point of article 9 .


### regions of third or partner countries or territories outside the union which do not receive supported from the erdf or an external financing instrument of the union shall also be mentioned in the list referred to in paragraph 1 . ### regions of third or partner countries or territories outside the european union which do not receive support from the erdf or an external financing instrument of the european union shall also be mentioned in the list referred to in paragraph 1 .


### where a third country or partner country contributing to an interreg programme with national resources , which do not constitute the national cofinancing of support from the erdf or from an external financing instrument of the union , reduces that contribution during the implementation of the interreg programme , either globally or with regard to joint operations already selected and having received the document provided for in article 22 , the participating member state or member states shall request one of the options set out in the second subparagraph of paragraph 4 . ### where a third country or partner country contributing to an interreg programme with national resources , which does not constitute the national cofinancing of support from the erdf or from an external financing instrument of the union , reduces that contribution during the implementation of the interreg programme , either globally or with regard to joint operations already selected and having received the document provided for in article 22 , the participating member state or member states shall request one of the options set out in the second subparagraph of paragraph 4 .


### in addition to the specific objectives for the erdf as set out in article [ 2 ] of regulation [ new erdf ] , the erdf and , where applicable , the external financing instruments of the union may also contribute to the specific objectives under po 4 as follows : ### in addition to the specific objectives for the erdf as set out in article [ 2 ] of regulation [ new erdf ] , the erdf and , where applicable , the external financing instruments of the european union may also contribute to the specific objectives under po 4 as follows :


### an additional 15% of the erdf and , where applicable , of the external financing instruments of the union allocations under priorities other than for technical assistance to each interreg programme under components 1 , 2 and 3 , shall be allocated on the interreg - specific objective of ' a better interreg governance ' or on the external interreg - specific objective of ' a safer and more secure europe ' . ### an additional 15% of the erdf and , where applicable , of the external financing instruments of the european union allocations under priorities other than for technical assistance to each interreg programme under components 1 , 2 and 3 , shall be allocated on the interreg - specific objective of ' a better interreg governance ' or on the external interreg - specific objective of a social and more inclusive europe .


### where a component 2a interreg programme supports a macro - regional strategy , the total erdf and , where applicable , the total external financing instruments of the union allocations under priorities other than for technical assistance shall be programmed on the objectives of that strategy . ### where a component 2a interreg programme supports a macro - regional strategy , the total erdf and , where applicable , the total external financing instruments of the european union allocations under priorities other than for technical assistance shall be programmed on the objectives of that strategy .


### however , an interreg programme covering support from an external financing instrument of the union shall be submitted by the member state hosting the prospective managing authority no later than six months after the adoption by the commission of the relevant strategic programming document under article 10 or where required under the respective basic act of one or more of an external financing instrument of the union . ### however , an interreg programme covering support from an external financing instrument of the european union shall be submitted by the member state hosting the prospective managing authority no later than six months after the adoption by the commission of the relevant strategic programming document under article 10 or where required under the respective basic act of one or more of an external financing instrument of the european union .


### the commission shall assess each interreg programme and its compliance with regulation [ new cpr ] , regulation [ new erdf ] and this regulation and , in the case of support from an external financing instrument of the union and where relevant , its consistency with the multi - annual strategy document under article 10 or the relevant strategic programming framework under the respective basic act of one or more of those instruments . ### the commission shall assess with full transparency each interreg programme and its compliance with regulation [ new cpr ] , regulation [ new erdf ] and this regulation and , in the case of support from an external financing instrument of the european union and where relevant , its consistency with the multi - annual strategy document under article 10 or the relevant strategic programming framework under the respective basic act of one or more of those instruments .


### the commission shall assess each interreg programme and its compliance with regulation [ new cpr ] , regulation [ new erdf ] and this regulation and , in the case of support from an external financing instrument of the union and where relevant , its consistency with the multi - annual strategy document under article 10 or the relevant strategic programming framework under the respective basic act of one or more of those instruments . ### the commission shall assess each interreg programme and its compliance with regulation [ new cpr ] , regulation [ new erdf ] and this regulation ; in the case of support from an external financing instrument of the union and where relevant , its consistency with the multi - annual strategy document under article 10 or the relevant strategic programming framework , the commission shall assess its compliance under the respective basic act of one or more of those instruments .


### the contribution from the erdf or , where applicable , an external financing instrument of the union , to a small project fund within an interreg programme shall not exceed eur 20 000 000 or 15% of the total allocation of the interreg programme , whichever is lower . ### the contribution from the erdf or , where applicable , an external financing instrument of the european union , to a small project fund within an interreg programme shall not exceed eur 20 000 000 or 15% of the total allocation of the interreg programme , whichever is lower .


### where the public contribution to a small project does not exceed eur 100 000 , the contribution from the erdf or , where applicable , an external financing instrument of the union shall take the form of unit costs or lump sums or include flat rates , except for projects for which the support constitutes state aid . ### where the public contribution to a small project does not exceed eur 100 000 , the contribution from the erdf or , where applicable , an external financing instrument of the european union shall take the form of unit costs or lump sums or include flat rates , except for projects for which the support constitutes state aid .


### if not otherwise specified in the arrangements laid down pursuant to point of paragraph 1 the lead partner shall ensure that the other partners receive the total amount of the contribution from the respective union fund as quickly as possible and in full . no amount shall be deducted or withheld and no specific charge or other charge with equivalent effect shall be levied that would reduce that amount for the other partners . ### if not otherwise specified in the arrangements laid down pursuant to point of paragraph 1 the lead partner shall ensure that the other partners receive the total amount of the contribution from the respective european union fund as quickly as possible and in full . no amount shall be deducted or withheld and no specific charge or other charge with equivalent effect shall be levied that would reduce that amount for the other partners .


### for component 2 , 3 and 4 interreg programmes , both for the erdf and , where applicable , for the external financing instruments of the union : 7% . ### for component 2 , 3 and 4 interreg programmes , both for the erdf and , where applicable , for the external financing instruments of the european union : 7% .


### the composition of the monitoring committee of each interreg programme shall be agreed by the member states and , where applicable , by the third countries , partner countries and octs participating in that programme and shall ensure a balanced representation of the relevant authorities , intermediate bodies and representatives of the programme partners referred to in article [ 6 ] of regulation [ new cpr ] from member states , third countries , partner countries and octs . ### the composition of the monitoring committee of each interreg programme shall be agreed in an open and transparent manner by the member states and , where applicable , by the third countries , partner countries and octs participating in that programme and shall ensure a balanced representation of the relevant authorities , intermediate bodies and representatives of the programme partners referred to in article [ 6 ] of regulation [ new cpr ] from member states , third countries , partner countries and octs .


### component 2 and 4 interreg programmes combining contributions from the erdf and from one or more external financing instrument of the union shall be implemented under shared management both in the member states and in any participating third country or partner country or , with regard to component 3 , in any oct , whether or not that oct receives support under one or more external financing instruments of the union . ### component 2 and 4 interreg programmes combining contributions from the erdf and from one or more external financing instrument of the european union shall be implemented under shared management both in the member states and in any participating third country or partner country or , with regard to component 3 , in any oct , whether or not that oct receives support under one or more external financing instruments of the european union .


### under shared management only in the member states and in any participating third country or oct with regard to erdf expenditure outside the union for one or more operations , whereas the contributions from one or more external financing instruments of the union are managed under indirect management ; ### under shared management only in the member states and in any participating third country or oct with regard to erdf expenditure outside the european union for one or more operations , whereas the contributions from one or more external financing instruments of the european union are managed under indirect management ;


### in order to take into account evolving consumer demands , technological progress , developments in the relevant international standards and the need to improve the economic conditions of production and marketing , the traditional ageing processes and , in exceptional cases , the law of the importing third countries , and in order to ensure the protection of geographical indications , the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission in respect of the amendment of or derogations from the technical definitions and requirements of the categories of spirit drinks and the specific rules concerning some of them referred to under chapter i of this regulation , the labelling and presentation referred to under chapter ii of this regulation , the geographical indications referred to under chapter iii of this regulation and the checks and exchange of information referred under chapter iv of this regulation . ### in order to take into account evolving consumer demands , technological progress , developments in the relevant international and social standards and the need to improve the economic conditions of production and marketing , the traditional ageing processes and , in exceptional cases , the law of the importing third countries , and in order to ensure the protection of geographical indications , the traditional practices as well as the social sustainability of the production chain , the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission in respect of the amendment of or derogations from the technical definitions and requirements of the categories of spirit drinks and the specific rules concerning some of them referred to under chapter i of this regulation , the labelling and presentation referred to under chapter ii of this regulation , the geographical indications referred to under chapter iii of this regulation and the checks and exchange of information referred under chapter iv of this regulation .


### the treaty on the functioning of the european union provides for the creation of an area of freedom , security and justice , with respect for fundamental rights and the different legal systems and traditions of the member states . to that end , the union may adopt measures to develop judicial cooperation in civil matters and judicial cooperation in criminal matters and to promote and support the action of member states in the field of crime prevention . respect for fundamental rights as well as for common principles and values , such as non - discrimination , gender equality , effective access to justice for all , the rule of law and a well - functioning independent judicial system shall be ensured in the further development of a european area of justice . ### the treaty on the functioning of the european union provides for the creation of an area of freedom , security and justice , with respect for fundamental rights and the different legal systems and traditions of the member states . to that end , the union may adopt measures to develop judicial cooperation in civil matters and judicial cooperation in criminal matters and to promote and support the action of member states in the field of crime prevention . respect for fundamental rights as well as for common principles and values , such as non - discrimination , solidarity , gender equality , girl´s and women´s rights , lgbtqi rights , effective access to justice for all , the rule of law , democracy and a well - functioning independent judicial system shall be ensured in the further development of a european area of justice .


### financing should remain one of the important tools for the successful implementation of the ambitious goals set by the treaties . they should be attained inter alia by establishing a flexible and effective justice programme which should facilitate planning and implementation of those goals . ### financing should remain one of the important tools for the successful implementation of the ambitious goals set by the treaties . they should be attained inter alia by establishing a flexible and effective justice programme which should facilitate planning and implementation of those goals . to ensure the rule of law , counteracting the increasingly shrinking space for independent civil society and supporting women´s rights organisations and human rights defenders in eu and worldwide .


### actions covered by this regulation should contribute to the creation of a european area of justice , increasing cross - border cooperation and networking and achieving the correct , coherent and consistent application of union law . funding activities should also contribute to a common understanding of the union’s values , the rule of law , to better knowledge of union law and policies , to sharing know - how and best practices in using judicial cooperation instruments by all concerned stakeholders , as well as to a proliferation of interoperable digital solutions underpinning seamless and efficient cross - border cooperation , and should provide a sound analytical basis to support the development , enforcement and proper implementation of union law and policies . union intervention allows for those actions to be pursued consistently across the union and brings economies of scale . moreover , the union is in a better position than member states to address cross - border situations and to provide a european platform for mutual learning . ### actions covered by this regulation should contribute to the creation of a european area of justice , increasing cross - border cooperation and networking and achieving the correct , coherent and consistent application of union law in particular directive 2011 / 36 / eu of the european parliament and council of 5 april 2011 . funding activities should also contribute to a common understanding of the union’s values , the rule of law , to better knowledge of union law and policies , to sharing know - how and best practices in using judicial cooperation instruments by all concerned stakeholders , as well as to a proliferation of interoperable digital solutions underpinning seamless and efficient cross - border cooperation , and should provide a sound analytical basis to support the development , enforcement and proper implementation of union law and policies . union intervention allows for those actions to be pursued consistently across the union and brings economies of scale . moreover , the union is in a better position than member states to address cross - border situations and to provide a european platform for mutual learning .


### developing capacity of key european level networks and european judicial networks , including networks established by union law to ensure the effective application and enforcement of union law , to promote and further develop union law , policy goals and strategies in the areas of the programme , as well as supporting civil society organisations active in the areas covered by the programme . ### developing capacity of key european level networks , women´s rights organisation and networks , lgbtiq - rights organisations , and european judicial networks , including networks established by union law to ensure the effective application and enforcement of union law , to promote and further develop union law , policy goals and strategies in the areas of the programme , as well as supporting civil society organisations active in the areas covered by the programme .


### importers shall , for at least 10 years after the ppe has been placed on the market , keep a copy of the eu declaration of conformity at the disposal of the market surveillance authorities and ensure that the technical documentation can be made available to those authorities , upon request . ### importers shall , for at least 10 years after the ppe has been placed on the market , ensure that a copy of the eu declaration of conformity and the technical documentation can be made available to the market surveillance authorities upon request .


### regulation no 2006 / 2004 of the european parliament and of the council58 provides for harmonised rules and procedures to facilitate cooperation between national authorities responsible for the enforcement of cross - border consumer protection laws . article 21a provides for a review of the effectiveness and operational mechanisms of that regulation and pursuant to that article , the commission concluded that regulation no 2006 / 2004 is not sufficient to effectively address the enforcement challenges of the single market , and in particular the digital single market , _________________ 58 regulation 2006 / 2004 of the european parliament and of the council on cooperation between national authorities responsible for the enforcement of consumer protection laws . ### regulation no 2006 / 2004 of the european parliament and of the council58provides for harmonised rules and procedures to facilitate cooperation between national authorities responsible for the enforcement of cross - border consumer protection laws . article 21a of regulation no 2006 / 2004 provides for a review of the effectiveness and operational mechanisms of that regulation and pursuant to that article , the commission concluded that regulation no 2006 / 2004 is not sufficient to effectively address the enforcement challenges of the single market , especially the digital single market . the commission report shows that the current regulation needs to be replaced to respond to the challenges of the digital economy and the development of cross - border retail trade in the eu , _________________ 58 regulation 2006 / 2004 of the european parliament and of the council on cooperation between national authorities responsible for the enforcement of consumer protection laws .


### competent authorities should be in a position to open investigations on their own initiative if they become aware of intra - union infringements or widespread infringements by means other than consumer complaints . this is particularly necessary to ensure effective cooperation among competent authorities when addressing widespread infringements , ### competent authorities should be in a position to open investigations on their own initiative if they become aware of intra - union infringements or widespread infringements by means other than consumer complaints . this is particularly necessary to ensure effective cooperation among competent authorities when addressing widespread infringements , as well as to support national jurisdictions when implementing council regulation 44 / 20011a , _________________ 1a council regulation no 44 / 2001 of 22 december 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters .


### this regulation lays down the conditions under which the competent authorities in the member states designated as responsible for the enforcement of the laws that protect consumers’ interests cooperate with each other and with the commission in order to ensure compliance with those laws and the smooth functioning of the internal market and in order to enhance the protection of consumers’ economic interests . ### this regulation lays down the conditions under which the competent authorities in the member states designated as responsible for the enforcement of the laws that protect consumers’ interests cooperate with each other and with the commission in order to ensure compliance with those laws and in order to enhance the protection of consumers’ interests .


### each competent authority shall have at least the following powers and exercise them under the conditions set out in article 9 , to : ### each competent authority shall have at least the following powers and exercise them , under the conditions set out in article 9 , for the purpose of performing the tasks assigned to them by this regulation , to :


### require the supply by any natural or legal person , including banks , internet service providers , domain registries and registrars and hosting service providers of any relevant information , data or document in any format or form and irrespective of the medium on which or the place where they are stored , for the purpose of among others identifying and following financial and data flows , or of ascertaining the identity of persons involved in financial and data flows , bank account information and ownership of websites ; ### require , in accordance with the rules of the union on data protection and in full respect of the right to privacy and data protection enshrined in the charter of fundamental rights of the european union , the supply , by any natural or legal person , including banks , internet service providers , payment service providers , domain registries and registrars and hosting service providers , of any relevant information , data or document in any format or form and irrespective of the medium on which or the place where they are stored , for the purpose of inter alia identifying and following financial and data flows , or of ascertaining the identity of persons involved in financial and data flows , bank account information and ownership of websites provided that the information , data or document in question is relevant for the investigation ;


### where the trader proposes commitments , the competent authorities concerned , may , where appropriate , publish the proposed commitments on their websites or , as appropriate , on the commission website to seek the views of other parties concerned and to verify whether the commitments are sufficient to cease the infringement and to compensate consumers . ### where the trader proposes commitments , the competent authorities concerned , may , where appropriate , publish the proposed commitments on their websites or , as appropriate , on the commission website to seek the views of other parties concerned and to verify whether the commitments are sufficient to cease the infringement and to compensate consumers . the competent authorities may also consult consumer associations and trader organisations .


### the external alerts shall only be ' for information ' . the competent authorities shall not be bound to initiate a procedure or take any other action in response to the alerts and information provided by those entities . entities making external alerts shall ensure that the information provided is correct , up to date and accurate and shall correct the information posted without delay or withdraw it as appropriate . for that purpose , they shall have access to the information they have provided , subject to the limitations referred to in articles 41 and 43 . ### the external alerts shall mainly be ' for information ' and shall require the competent authorities to verify whether they are based on a reasonable suspicion in accordance with article 34 . the competent authorities shall not be bound to initiate enforcement measures or to take any other action in response to the information provided by those entities making external alerts as provided for in article 35 . entities making external alerts shall ensure that the information provided is correct , up to date and accurate and shall correct any errors in the information posted without delay or withdraw that information as appropriate . for that purpose , they shall have access to the information they have provided , subject to the limitations referred to in articles 41 and 43 . they shall also be notified of any follow - up actions taken by the competent authority concerned in relation to external alerts , or of the lack of any action , in the latter case stating the reasons why the alert was not acted upon . the notification by the competent authority of the actions taken or of the lack of action shall respect the need to preserve the confidentiality of the investigation .


### notwithstanding paragraph 2 , the competent authorities may use and disclose the information necessary : ### notwithstanding paragraph 2 and provided that fundamental rights , such as the right to privacy and to protection of personal data , as well as union law on protection and processing of personal data , are fully respected , the competent authorities may use and disclose the information necessary :


### evidence , documents , information , explanations and investigation findings made by a competent authority in one member state in accordance with article 8 may be used for proceedings initiated in application of this regulation by competent authorities in other member states without further formal requirements . ### evidence , documents , information , explanations and investigation findings made by a competent authority in one member state in accordance with article 8 may be used , in accordance with the national law in force , for proceedings initiated in application of this regulation by competent authorities in other member states .


### the commission shall establish and maintain the necessary electronic database in which it shall store and process the information received to support mutual assistance requests pursuant to chapter iii , measures pursuant to chapter iv and the surveillance mechanism pursuant to chapter v . the database shall be made available for consultation to the competent authorities and the commission . ### the commission shall , in cooperation with the member states , establish and maintain the necessary electronic database in which it shall store and process the information received to support mutual assistance requests pursuant to chapter iii , measures pursuant to chapter iv and the surveillance mechanism pursuant to chapter v . the database shall be made available for consultation to the competent authorities and the commission .


### the report shall contain an evaluation of the application of the regulation including an assessment of the effectiveness of enforcement of the laws that protect consumers ' interests under this regulation and an examination of , among others , how the compliance with the laws that protect consumers ' interests by traders has evolved in key consumer markets concerned by cross - border trade . ### the report shall contain an evaluation of the application of the regulation including an assessment of the effectiveness of enforcement of the laws that protect consumers ' interests under this regulation and an examination of , among others , how the compliance with the laws that protect consumers ' interests by traders has evolved in key consumer markets concerned by cross - border trade . the commission shall , in particular , assess the effectiveness of the following :


### where the origin of a spirit drink is indicated , it shall correspond to the country or territory of origin in accordance with article 60 of regulation no 952 / 2013 of the european parliament and of the council16 . __________________ 16 regulation no 952 / 2013 of the european parliament and of the council of 9 october 2013 laying down the union customs code . ### where the origin of a spirit drink is indicated , it shall correspond to the place or region where the stage in the production process of the finished product which conferred on the spirit drink its character and essential qualities took place .


### articles 19 to 23 , 28 and 29 shall apply to applications for protection , applications for amendment and cancellations submitted after the date of application of this regulation . ### articles 19 to 23 , 28 and 29 shall apply to applications for protection , applications for amendment and cancellations submitted after the date of application of this regulation . reference to product specifications as defined in point 7 of article 2 shall also be taken to include the technical files of spirit drinks protected under regulation no 110 / 2008 where appropriate and , in particular , with respect to this article articles 18 , 28 , 29 , 35 , 38 , 39 of this regulation .


### having regard to the treaty on the functioning of the european union , and in particular articles 16 , 33 , 43 , 50 , 53 , 62 , 91 , 100 , 103 , 109 , 114 , 168 , 169 , 192 , 207 and 325 thereof and to the treaty establishing the european atomic energy community , and in particular article 31 thereof , ### having regard to the treaty on the functioning of the european union , and in particular articles 9 , 10 , 11 , 12 , 15 , 16 , 33 , 43 , 50 , 53 , 62 , 91 , 100 , 103 , 109 , 114 , 168 , 169 , 192 , 207 , 325 and 352 thereof and to the treaty establishing the european atomic energy community , and in particular article 31 thereof ,


### persons who work for an organisation or are in contact with it in the context of their work - related activities are often the first to know about threats or harm to the public interest which arise in this context . by ' blowing the whistle ' they play a key role in exposing and preventing breaches of the law and in safeguarding the welfare of society . however , potential whistleblowers are often discouraged from reporting their concerns or suspicions for fear of retaliation . ### persons who work for an organisation or are in contact with it in the context of their work - related activities are often the first to know about threats or harm to the public or the general interest which arise in this context . by ' blowing the whistle ' they play a key role in exposing and preventing breaches of the law and in safeguarding the welfare of society . however , potential whistleblowers are often discouraged from reporting their concerns or suspicions for fear of retaliation .


### persons who work for an organisation or are in contact with it in the context of their work - related activities are often the first to know about threats or harm to the public interest which arise in this context . by ' blowing the whistle ' they play a key role in exposing and preventing breaches of the law and in safeguarding the welfare of society . however , potential whistleblowers are often discouraged from reporting their concerns or suspicions for fear of retaliation . ### persons who work or have worked for an organisation or are or were in contact with it are often the first to know about threats , criminal or illegal activities or harm to the public interest which arise in this context . by ' blowing the whistle ' they play a key role in exposing and preventing breaches of the law in safeguarding the welfare of society and in protecting fundamental right , including freedom of expression and information . whistleblowers play a crucial role in unveiling wrongdoing or unethical and dishonest conduct to the public interest . it is often difficult for them to assess the lawfulness of facts , but according to the european court of human rights the legal assessment is not the task of the whistleblowers , as long as they act in good faith and the facts are correct . however , potential whistleblowers are often discouraged from reporting their concerns or suspicions for fear of retaliation , when they expose irregularities , mismanagement , misuse of funds , maladministration or potential corruption related to the activity of public and private bodies within the union ; they are not truly protected and do not feel protected .


### in certain policy areas , breaches of union law may cause serious harm to the public interest , in the sense of creating significant risks for the welfare of society . where weaknesses of enforcement have been identified in those areas , and whistleblowers are in a privileged position to disclose breaches , it is necessary to enhance enforcement by ensuring effective protection of whistleblowers from retaliation and introducing effective reporting channels . ### in certain policy areas , breaches of union law may cause serious harm to the public or general interest , in the sense of creating significant risks for the welfare of society . where weaknesses of enforcement have been identified in those areas , and whistleblowers are in a privileged position to disclose breaches , it is necessary to enhance enforcement by ensuring effective protection of whistleblowers from retaliation and introducing effective , independent reporting channels .


### in certain policy areas , breaches of union law may cause serious harm to the public interest , in the sense of creating significant risks for the welfare of society . where weaknesses of enforcement have been identified in those areas , and whistleblowers are in a privileged position to disclose breaches , it is necessary to enhance enforcement by ensuring effective protection of whistleblowers from retaliation and introducing effective reporting channels . ### breaches of union law may cause serious harm to the public interest , in the sense of creating significant risks for the welfare of society . as whistleblowers are usually in a privileged position to disclose breaches , it is necessary , in order to enhance enforcement of union law , to guarantee safe and effective disclosure of the information and to ensure effective protection of whistleblowers from retaliation .


### accordingly , common minimum standards ensuring effective whistleblower protection should apply in those acts and policy areas where i ) there is a need to strengthen enforcement ; ii ) under - reporting by whistleblowers is a key factor affecting enforcement , and iii ) breaches of union law cause serious harm to the public interest . ### accordingly , common minimum standards ensuring effective whistleblower protection should apply , particularly in those acts and policy areas where i ) there is a potential threat to the public interest ; ii ) there is a need to strengthen enforcement ; iii ) under - reporting by whistleblowers is a key factor affecting enforcement .


### whistleblower protection is necessary to enhance the enforcement of union law on public procurement . in addition to the need of preventing and detecting fraud and corruption in the context of the implementation of the eu budget , including procurement , it is necessary to tackle insufficient enforcement of rules on public procurement by national public authorities and certain public utility operators when purchasing goods , works and services . breaches of such rules create distortions of competition , increase costs for doing business , violate the interests of investors and shareholders and , overall , lower attractiveness for investment and create an uneven level playing field for all businesses across europe , thus affecting the proper functioning of the internal market . ### whistleblower protection is necessary in particular to enhance the enforcement of union law , especially on human rights , public procurement , product and transport safety , environmental standards , ecocides , public health , health risks and consumer protection , food safety for people and animals , animal health , animal protection and animal welfare , nuclear safety and radiation protection , privacy and personal data , freedom of the press , competition law , financial services and taxation , protection of frail and vulnerable persons and on preventing , detecting and combating fraud , corruption , tax evasion and any other illegal activity in the context of the implementation of the eu budget , including procurement . it is necessary to tackle insufficient enforcement of rules on public procurement by national public authorities and certain public utility operators when purchasing goods , works and services . breaches of such rules create distortions of competition , increase costs for doing business , violate the interests of investors and shareholders and , overall , lower attractiveness for investment and create an uneven level playing field for all businesses across europe , thus affecting the proper functioning of the internal market .


### evidence - gathering , detecting and addressing environmental crimes and unlawful conduct against the protection of the environment remain a challenge and need to be reinforced as acknowledged in the commission communication ' eu actions to improve environmental compliance and governance ' of 18 january 201840 . whilst whistleblower protection rules exist at present only in one sectorial instrument on environmental protection41 , the introduction of such protection appears necessary to ensure effective enforcement of the union environmental acquis , whose breaches can cause serious harm to the public interest with possible spill - over impacts across national borders . this is also relevant in cases where unsafe products can cause environmental harm . __________________ 40 com 10 final . 41 directive 2013 / 30 / eu of the european parliament and of the council , of 12 june 2013 , on safety of offshore oil and gas operations . ### evidence - gathering , detecting and addressing environmental crimes and unlawful conduct or omission as well as potential breaches against the protection of the environment remain a serious challenge and need to be reinforced as acknowledged in the commission communication ' eu actions to improve environmental compliance and governance ' of 18 january 201840 . whilst whistleblower protection rules exist at present only in one sectorial instrument on environmental protection 41 , the introduction of such protection is necessary to ensure effective enforcement of the union environmental acquis , whose breaches can cause serious harm to the public interest and the environment with possible spill - over impacts across national borders . this is also relevant in cases where unsafe products can cause environmental harm . __________________ 40 com 10 final . 41 directive 2013 / 30 / eu of the european parliament and of the council , of 12 june 2013 , on safety of offshore oil and gas operations .


### evidence - gathering , detecting and addressing environmental crimes and unlawful conduct against the protection of the environment remain a challenge and need to be reinforced as acknowledged in the commission communication ' eu actions to improve environmental compliance and governance ' of 18 january 201840 . whilst whistleblower protection rules exist at present only in one sectorial instrument on environmental protection41 , the introduction of such protection appears necessary to ensure effective enforcement of the union environmental acquis , whose breaches can cause serious harm to the public interest with possible spill - over impacts across national borders . this is also relevant in cases where unsafe products can cause environmental harm . _________________ 40 com 10 final . 41 directive 2013 / 30 / eu of the european parliament and of the council , of 12 june 2013 , on safety of offshore oil and gas operations . ### evidence - gathering , detecting and addressing environmental crimes and unlawful conduct against the protection of the environment remain a challenge and need to be reinforced as acknowledged in the commission communication ' eu actions to improve environmental compliance and governance ' of 18 january 201840 . whilst whistleblower protection rules exist at present only in one sectorial instrument on environmental protection41 , the introduction of such protection appears necessary to ensure effective enforcement of the union environmental acquis , whose breaches can cause serious harm to the public or general interest with possible spill - over impacts across national borders . this is also relevant in cases where unsafe products can cause environmental harm . _________________ 40 com 10 final . 41 directive 2013 / 30 / eu of the european parliament and of the council , of 12 june 2013 , on safety of offshore oil and gas operations .


### similar considerations warrant the introduction of whistleblower protection to build upon existing provisions and prevent breaches of eu rules in the area of food chain and in particular on food and feed safety as well as on animal health and welfare . the different union rules developed in these areas are closely interlinked . regulation no 178 / 200242 sets out the general principles and requirements which underpin all union and national measures relating to food and feed , with a particular focus on food safety , in order to ensure a high level of protection of human health and consumers’ interests in relation to food as well as the effective functioning of the internal market . this regulation provides , amongst others , that food and feed business operators are prevented from discouraging their employees and others from cooperating with competent authorities where this may prevent , reduce or eliminate a risk arising from food . the union legislator has taken a similar approach in the area of ‘ animal health law’ through regulation 2016 / 429 establishing the rules for the prevention and control of animal diseases which are transmissible to animals or to humans 43 . __________________ 42 regulation no 178 / 2002 of the european parliament and of the council of 28 january 2002 laying down the general principles and requirements of food law , establishing the european food safety authority and laying down procedures in matters of food safety . 43 oj l 84 , p . 1 ### similar considerations warrant the introduction of whistleblower protection to build upon existing provisions and prevent breaches of eu rules in the area of food chain and in particular on food and feed safety as well as on animal health , protection and welfare . the different union rules developed in these areas are closely interlinked . regulation no 178 / 200242 sets out the general principles and requirements which underpin all union and national measures relating to food and feed , with a particular focus on food safety , in order to ensure a high level of protection of human health and consumers’ interests in relation to food as well as the effective functioning of the internal market . this regulation provides , amongst others , that food and feed business operators are prevented from discouraging their employees and others from cooperating with competent authorities where this may prevent , reduce or eliminate a risk arising from food . the union legislator has taken a similar approach in the area of ‘ animal health law’ through regulation 2016 / 429 establishing the rules for the prevention and control of animal diseases which are transmissible to animals or to humans 43 . council directive 98 / 58 / ec43a and directive 2010 / 63 / eu of the european parliament and of the council43b , as well as council regulation no 1 / 2005 43c and council regulation no 1099 / 200943d lay down rules on the protection and welfare of animals kept for farming purposes , during transport , at the time of killing , and when they are used for animal experimentation . __________________ 42 regulation no 178 / 2002 of the european parliament and of the council of 28 january 2002 laying down the general principles and requirements of food law , establishing the european food safety authority and laying down procedures in matters of food safety . 43 oj l 84 , p . 1 43a council directive 98 / 58 / ec of 20 july 1998 concerning the protection of animals kept for farming purposes . 43b directive 2010 / 63 / eu of the european parliament and of the council of 22 september 2010 on the protection of animals used for scientific purposes . 43c council regulation no 1 / 2005 of 22 december 2004 on the protection of animals during transport and related operations and amending directives 64 / 432 / eec and 93 / 119 / ec and regulation no 1255 / 97 . 43d council regulation no 1099 / 2009 of 24 september 2009 on the protection of animals at the time of killing .


### the protection of privacy and personal data is another area where whistleblowers are in a privileged position to disclose breaches of union law which can seriously harm the public interest . similar considerations apply for breaches of the directive on the security of network and information systems45 , which introduces notification of incidents and security requirements for entities providing essential services across many sectors and providers of key digital services . whistleblowers ' reporting in this area is particularly valuable to prevent security incidents that would affect key economic and social activities and widely used digital services . it helps ensuring the continuity of services which are essential for the functioning of the internal market and the wellbeing of society . __________________ 45 directive 2016 / 1148 of the european parliament and of the council of 6 july 2016 concerning measures for a high common level of security of network and information systems across the union . ### the protection of privacy and personal data is another area where whistleblowers are in a privileged position to disclose breaches of union law which can seriously harm the public interest . similar considerations apply for breaches of the directive on the security of network and information systems 45 , which introduces notification of incidents and security requirements for entities providing essential services across many sectors for providers of key digital services and for suppliers of basic utilities , such as water , electricity , gas . whistleblowers ' reporting in this area is particularly valuable to prevent security incidents that would affect key economic and social activities and widely used digital services . it helps ensuring the continuity of services , which are essential for the functioning of the internal market and the wellbeing of society . __________________ 45 directive 2016 / 1148 of the european parliament and of the council of 6 july 2016 concerning measures for a high common level of security of network and information systems across the union .


### the protection of privacy and personal data is another area where whistleblowers are in a privileged position to disclose breaches of union law which can seriously harm the public interest . similar considerations apply for breaches of the directive on the security of network and information systems45 , which introduces notification of incidents and security requirements for entities providing essential services across many sectors and providers of key digital services . whistleblowers ' reporting in this area is particularly valuable to prevent security incidents that would affect key economic and social activities and widely used digital services . it helps ensuring the continuity of services which are essential for the functioning of the internal market and the wellbeing of society . _________________ 45 directive 2016 / 1148 of the european parliament and of the council of 6 july 2016 concerning measures for a high common level of security of network and information systems across the union . ### the protection of privacy and personal data is another area where whistleblowers are in a privileged position to disclose breaches of union law which can seriously harm the public or general interest . similar considerations apply for breaches of the directive on the security of network and information systems45 , which introduces notification of incidents and security requirements for entities providing essential services across many sectors and providers of key digital services . whistleblowers ' reporting in this area is particularly valuable to prevent security incidents that would affect key economic and social activities and widely used digital services . it helps ensuring the continuity of services which are essential for the functioning of the internal market and the wellbeing of society . _________________ 45 directive 2016 / 1148 of the european parliament and of the council of 6 july 2016 concerning measures for a high common level of security of network and information systems across the union .


### certain union acts , in particular in the area of financial services , such as regulation no 596 / 2014 on market abuse49 , and commission implementing directive 2015 / 2392 , adopted on the basis of that regulation50 , already contain detailed rules on whistleblower protection . such existing union legislation , including the list of part ii of the annex , should be complemented by the present directive , so that these instruments are fully aligned with its minimum standards whilst maintaining any specificities they provide for , tailored to the relevant sectors . this is of particular importance to ascertain which legal entities in the area of financial services , the prevention of money laundering and terrorist financing are currently obliged to establish internal reporting channels . _________________ 49 oj l 173 , p . 1 . 50 commission implementing directive 2015 / 2392 of 17 december 2015 on regulation no 596 / 2014 of the european parliament and of the council as regards reporting to competent authorities of actual or potential infringements of that regulation . ### certain union acts , in particular in the area of financial services , such as regulation no 596 / 2014 on market abuse49 , and commission implementing directive 2015 / 2392 , adopted on the basis of that regulation50 , already contain detailed rules on whistleblower protection . such existing union legislation , including the list of part ii of the annex , should be complemented by the present directive , so that these instruments are fully aligned with its minimum standards whilst maintaining any specificities they provide for , tailored to the relevant sectors . this is of particular importance to ascertain which legal entities in the area of financial services , the prevention of money laundering , the proper implementation of the late payments directive 2011 / 7 / eu , terrorist financing and cyber - crime are currently obliged to establish internal reporting channels . as these cases often involve highly complex international corporate and financial constructions , which are likely to be within the remit of differing jurisdictions , provisions for a unified point of contact for whistleblowers should be adopted . _________________ 49 oj l 173 , p . 1 . 50 commission implementing directive 2015 / 2392 of 17 december 2015 on regulation no 596 / 2014 of the european parliament and of the council as regards reporting to competent authorities of actual or potential infringements of that regulation .


### persons who report information about threats or harm to the public interest obtained in the context of their work - related activities make use of their right to freedom of expression . the right to freedom of expression , enshrined in article 11 of the charter of fundamental rights of the european union and in article 10 of the european convention on human rights , encompasses media freedom and pluralism . ### persons who report information about threats or harm to the public interest or the general interest obtained , inter alia in the context of their work - related activities , make use of their right to freedom of expression . the right to freedom of expression , enshrined in article 11 of the charter of fundamental rights of the european union and in article 10 of the european convention on human rights , encompasses media freedom and pluralism as well as the right to information .


### protection should , firstly , apply to persons having the status of ' workers ' , within the meaning of article 45 tfeu , as interpreted by the court of justice of the european union52 , i . e . persons who , for a certain period of time , perform services for and under the direction of another person , in return of which they receive remuneration . protection should thus also be granted to workers in non - standard employment relationships , including part - time workers and fixed - term contract workers , as well as persons with a contract of employment or employment relationship with a temporary agency , which are types of relationships where standard protections against unfair treatment are often difficult to apply . _________________ 52 judgments of 3 july 1986 , lawrie - blum , case 66 / 85 ; 14 october 2010 , union syndicale solidaires isère , case c - 428 / 09 ; 9 july 2015 , balkaya , case c - 229 / 14 ; 4 december 2014 , fnv kunsten , case c - 413 / 13 ; and 17 november 2016 , ruhrlandklinik , case c - 216 / 15 . ### protection should , firstly , apply to persons having the status of ' workers ' , within the meaning of article 45 tfeu , as interpreted by the court of justice of the european union52 , i . e . persons who , for a certain period of time , perform services for and under the direction of another person , in return of which they receive remuneration . protection should thus also be granted to workers in non - standard employment relationships , including part - time workers and fixed - term contract workers , interns , as well as persons with a contract of employment or employment relationship with a temporary agency , which are types of relationships where standard protections against unfair treatment are often difficult to apply . _________________ 52 judgments of 3 july 1986 , lawrie - blum , case 66 / 85 ; 14 october 2010 , union syndicale solidaires isère , case c - 428 / 09 ; 9 july 2015 , balkaya , case c - 229 / 14 ; 4 december 2014 , fnv kunsten , case c - 413 / 13 ; and 17 november 2016 , ruhrlandklinik , case c - 216 / 15 .


### protection should , firstly , apply to persons having the status of ' workers ' , within the meaning of article 45 tfeu , as interpreted by the court of justice of the european union52 , i . e . persons who , for a certain period of time , perform services for and under the direction of another person , in return of which they receive remuneration . protection should thus also be granted to workers in non - standard employment relationships , including part - time workers and fixed - term contract workers , as well as persons with a contract of employment or employment relationship with a temporary agency , which are types of relationships where standard protections against unfair treatment are often difficult to apply . __________________ 52 judgments of 3 july 1986 , lawrie - blum , case 66 / 85 ; 14 october 2010 , union syndicale solidaires isère , case c - 428 / 09 ; 9 july 2015 , balkaya , case c - 229 / 14 ; 4 december 2014 , fnv kunsten , case c - 413 / 13 ; and 17 november 2016 , ruhrlandklinik , case c - 216 / 15 . ### protection should , firstly , apply to persons having the status of ' workers ' , within the meaning of article 45 tfeu , as interpreted by the court of justice of the european union52 , i . e . persons who , for a certain period of time , perform or performed services for and under the direction of another person , in return of which they receive remuneration . in accordance with the court ' s case law , the notion of worker should be interpreted broadly , including , for example civil servants . protection should thus also be granted to workers in non - standard employment relationships , including part - time workers and fixed - term contract workers , as well as persons with a contract of employment or employment relationship with a temporary agency , a contractor or subcontractor or where work based relationship is solely bound to directives , which are types of relationships where standard protections against unfair treatment are often difficult to apply . __________________ 52 judgments of 3 july 1986 , lawrie - blum , case 66 / 85 ; 14 october 2010 , union syndicale solidaires isère , case c - 428 / 09 ; 9 july 2015 , balkaya , case c - 229 / 14 ; 4 december 2014 , fnv kunsten , case c - 413 / 13 ; and 17 november 2016 , ruhrlandklinik , case c - 216 / 15 .


### effective prevention of breaches of union law requires that protection is also granted to persons who provide information about potential breaches , which have not yet materialised , but are likely to be committed . for the same reasons , protection is warranted also for persons who do not provide positive evidence but raise reasonable concerns or suspicions . at the same time , protection should not apply to the reporting of information which is already in the public domain or of unsubstantiated rumours and hearsay . ### effective prevention of breaches of union law requires that protection is also granted to persons who provide information about potential breaches , which have not yet materialised , but are likely to be committed . for the same reasons , protection is warranted also for persons who do not provide positive evidence but raise reasonable concerns or suspicions as well as to persons complementing information to issues already in the public domain . at the same time , protection should not apply to the reporting of unsubstantiated rumours and hearsay .


### whistleblowers are , in particular , important sources for investigative journalists . providing effective protection to whistleblowers from retaliation increases the legal certainty of whistleblowers and thereby encourages and facilitates whistleblowing also to the media . in this respect , protection of whistleblowers as journalistic sources is crucial for safeguarding the ‘ watchdog’ role of investigative journalism in democratic societies . ### whistleblowers are important sources for journalists , therefore it is essential to create a safe environment , providing them and those assisting them effective protection from retaliation . in this respect , protection of whistleblowers is crucial to ensure quality journalism , which ultimately contributes to foster a culture of accountability and transparency in democratic societies .


### the most appropriate persons or departments within a private legal entity to be designated as competent to receive and follow up on reports depend on the structure of the entity , but , in any case , their function should ensure absence of conflict of interest and independence . in smaller entities , this function could be a dual function held by a company officer well placed to report directly to the organisational head , such as a chief compliance or human resources officer , a legal or privacy officer , a chief financial officer , a chief audit executive or a member of the board . ### the most appropriate persons or departments within a private legal entity to be designated as competent to receive and follow up on reports depend on the structure of the entity , but , in any case they should be designated in close collaboration with employees or employee representatives and their composition , function and working procedures should ensure absence of conflict of interest and independence .


### in the context of internal reporting , the quality and transparency of information provided on the follow up procedure to the report is crucial to build trust in the effectiveness of the overall system of whistleblower protection and reduces the likelihood of further unnecessary reports or public disclosures . the reporting person should be informed within a reasonable timeframe about the action envisaged or taken as follow up to the report as far as such information would not prejudice the enquiry or investigation or affect the rights of the concerned person . such reasonable timeframe should not exceed in total three months . where the appropriate follow up is still being determined , the reporting person should be informed about this and about any further feedback he / she should expect . ### in the context of internal reporting , the quality and transparency of information provided on the follow up procedure to the report is crucial to build trust in the effectiveness of the overall system of whistleblower protection and reduces the likelihood of further unnecessary reports or public disclosures . the reporting person should be informed within a reasonable timeframe about the action envisaged or taken as follow up to the report as far as such information would not prejudice the enquiry or investigation or affect the rights of the concerned person . such reasonable timeframe should not exceed in total three months . where the appropriate follow up is still being determined , the reporting person should be informed about this and about any further feedback he / she should expect . the reporting person should be informed of the investigation’s progress and should be able to access the draft report at least once so as to be able to revise it , comment on it and correct it , if necessary , albeit with no obligation to do so . those comments should be incorporated and taken into account in the monitoring of the investigation . the reporting person should be informed of the investigation ' s outcome , and he or she should be able to revise and comment on the final report of the investigation . those comments should be then included in the final report .


### lack of confidence in the usefulness of reporting is one of the main factors discouraging potential whistleblowers . this warrants imposing a clear obligation on competent authorities to diligently follow - up on the reports received , and , within a reasonable timeframe , give feedback to the reporting persons about the action envisaged or taken as follow - up to the extent that such information would not prejudice the investigation or the rights of the concerned persons . ### along with the very real and very reasonable fear of retaliation , lack of confidence in the effectiveness of reporting is one of the main factors discouraging potential whistleblowers . this warrants imposing a clear obligation on competent authorities to diligently follow - up on the reports received , and , within a reasonable timeframe , give feedback to the reporting persons about the action envisaged or taken as follow - up to the extent that such information would not prejudice the investigation or the rights of the concerned persons .


### follow up and feedback should take place within a reasonable timeframe ; this is warranted by the need to promptly address the problem that may be the subject of the report , as well as to avoid unnecessary public disclosures . such timeframe should not exceed three months , but could be extended to six months , where necessary due to the specific circumstances of the case , in particular the nature and complexity of the subject of the report , which may require a lengthy investigation . ### follow up and feedback should take place within the shortest possible timeframe ; this is warranted by the need to promptly address the problem that may be the subject of the report . such timeframe should not exceed two months , but could be extended to four months , where necessary due to the specific circumstances of the case , in particular the nature and complexity of the subject of the report , which may require a lengthy investigation .


### protection of personal data of the reporting and concerned person is crucial in order to avoid unfair treatment or reputational damages due to disclosure of personal data , in particular data revealing the identity of a person concerned . hence , in line with the requirements of regulation 2016 / 679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , competent authorities should establish adequate data protection procedures specifically geared to the protection of the reporting person , the concerned person and any third person referred to in the report that should include a secure system within the competent authority with restricted access rights for authorised staff only . ### protection of personal data of the reporting and concerned person , as well as confidentiality of information , is crucial in order to avoid unfair treatment , any harassment or intimidation , or reputational damages due to disclosure of personal data . hence , member states and opla shall ensure that , in line with the requirements of regulation 2016 / 679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , competent authorities should establish adequate data protection procedures specifically geared to the protection of the reporting person , the concerned person and any third person referred to in the report that should include a secure system within the competent authority with restricted access rights for authorised staff only .


### protection of personal data of the reporting and concerned person is crucial in order to avoid unfair treatment or reputational damages due to disclosure of personal data , in particular data revealing the identity of a person concerned . hence , in line with the requirements of regulation 2016 / 679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , competent authorities should establish adequate data protection procedures specifically geared to the protection of the reporting person , the concerned person and any third person referred to in the report that should include a secure system within the competent authority with restricted access rights for authorised staff only . ### protection of personal data of the reporting and concerned person , as well as of the report itself is crucial in order to avoid unfair treatment or reputational damages due to disclosure of personal data , in particular data revealing the identity of a person concerned . hence , in line with the requirements of regulation 2016 / 679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , competent authorities and relevant bodies , offices or agencies of the union , as well as the union referral body should establish adequate data protection procedures specifically geared to the protection of the reporting person , the concerned person and any third person referred to in the report that should include a secure system within the competent authority with restricted access rights for authorised staff only .