### without prejudice to paragraphs 4 and 5 , workers may not be exposed above the exposure limit values for health effects . for specific situations where these values may temporarily be exceeded , member states may put in place a system authorising work under controlled conditions and on the basis of a comprehensive risk assessment setting out the actual exposure levels and their likelihood and comparing them to the exposure limit values defined in annexes ii and iii . such specific situations shall be reported to the commission in the report referred to in article 17a of directive 89 / 391 / eec . ### without prejudice to paragraphs 4 and 5 , workers shall not be exposed above the exposure limit values .


### for exposure in the range from 100 khz up to 300 ghz , and in any event where exposure above the exposure limit values is detected , a medical examination shall be made available to the worker concerned in accordance with national law and practice . if health damage resulting from such exposure is detected , a reassessment of the risks shall be carried out by the employer in accordance with article 4 . ### for exposure in the range from 100 khz up to 300 ghz , and in any event where exposure above the exposure limit values is suspected , a medical examination shall be made available to the worker concerned in accordance with national law and practice . if health or safety damage resulting from such exposure is detected , a reassessment of the risks shall be carried out by the employer in accordance with article 4 .


### for exposures in the frequency range up to 100 khz , any undesired or unexpected health effect reported by a worker shall be transmitted to the person in charge of the medical surveillance who will take appropriate action in accordance with national law and practice . ### for exposures in the frequency range up to 100 khz , any undesired or unexpected health or safety effect reported by a worker shall be transmitted to the person in charge of the medical surveillance who will take appropriate action in accordance with national law and practice .


### be initiated to contain an incipient major accident within the installation , or within the exclusion zone established by the member state around the perimeter of the installation , or subsea wellhead ; ### be initiated to prevent escalation or limit consequences of an accident related to offshore oil and gas operations within an exclusion zone established by the member state around the perimeter of the installation , subsea wellhead or pipeline ;


### as no existing financial security instruments , including risk pooling arrangements , can accommodate all possible consequences of extreme accidents , the commission should proceed with further analysis and studies of the appropriate measures to ensure adequately robust liability regime for damages related to offshore oil and gas operations , requirements on financial capacity including availability of appropriated financial security instruments or other arrangements . ### member states should ensure that operators in their jurisdiction demonstrate their ability to pay for the consequences of damage caused by their operations , through the provision of financial security , and should decide which instruments are appropriate for this purpose . as no existing financial security instruments , including risk pooling arrangements , can accommodate all possible consequences of extreme accidents , the commission should proceed with further analysis and studies of the appropriate measures to ensure a robust liability regime for damages related to offshore oil and gas operations , and requirements on financial capacity including improving the availability of financial security instruments and arrangements . the commission should report on the findings and proposals within one year after adoption of this regulation .


### member states shall prepare external emergency plans covering all offshore oil and gas installations and potentially affected areas within their jurisdiction . ### member states shall prepare external emergency response plans covering all offshore oil and gas installations or connected infrastructure and potentially affected areas within their jurisdiction . the external emergency response plans shall specify the role of operators in the external emergency response , and the operators ' liability regarding the costs of external emergency response .


### member states shall keep updated records of emergency response resources available in their jurisdiction by both public and private entities . those records shall be made available to other member states or potentially affected third countries and to the commission . ### member states shall keep updated records of emergency response resources available in their jurisdiction by both public and private entities . those records shall be made available to other member states or potentially affected third countries , to the agency and to the commission .


### the operator shall periodically test the effectiveness of the internal emergency response plans . ### the operator shall annually test the internal emergency response plan to demonstrate the effectiveness of their response equipment and capabilities in order to guarantee a high level of safety and performance in evacuation , containment and control , recovery , clean - up and disposal operations .


### ' acceptable ' shall mean : rendering a risk of a major accident tolerable to the furthest extent beyond which no significant reduction of the risk is derived from the input of further time , resources or cost ; ### ' acceptable ' shall mean : limiting the risk of a major accident to the furthest extent possible beyond which no significant reduction of the risk is derived from an appropriate input of further time , resources or cost ;


### licensees , operators and major contractors based in the union shall endeavour to conduct their offshore oil and gas operations when outside the union in accordance with the principles set out in this regulation . ### licensees , operators and major contractors based in the union shall conduct their offshore oil and gas operations when outside the union in accordance with the principles set out in this regulation .


### the serious environmental concerns relating to the arctic waters , a neighbouring marine environment of particular importance for the community , require special attention to ensure the environmental protection of the arctic in relation to any offshore activities , including exploration . ### the serious environmental concerns and vulnerability relating to the unique arctic waters , a neighbouring marine environment of particular importance for the community which plays an important role in mitigating climate change , require special attention to ensure the environmental protection of the arctic . as long as an effective response to any accident in the arctic conditions cannot be guaranteed , member states should refrain from authorising offshore activities , including exploration , in the area .


### the serious environmental concerns relating to the arctic waters , a neighbouring marine environment of particular importance for the community , require special attention to ensure the environmental protection of the arctic in relation to any offshore activities , including exploration . ### the serious environmental concerns relating to the arctic waters , a neighbouring marine environment of particular importance for the community , require special attention to ensure the environmental protection of the arctic . member states should therefore not issue drilling licences for these waters .


### in particular , when assessing the technical and financial capacity of the entities that apply for authorisation for offshore oil and gas activities , due account shall be taken of the risk , hazards and any other relevant information related to the area concerned and the particular stage of exploration and production operations and also of the applicants ‘ financial capacities , including any financial security and capacity to cover liabilities potentially deriving from offshore oil and gas activities in question , in particular liability for environmental damages . ### in particular , when assessing the technical and financial capacity of the entities that apply for authorisation for offshore oil and gas activities , due account shall be taken of the risk , hazards and any other relevant information related to the area concerned and the particular stage of exploration and production operations and also of the applicants ‘ financial capacities , including any financial security and capacity to cover all liabilities potentially deriving from offshore oil and gas activities in question , in particular liability for environmental damages . worldwide corporate responsibility regarding accidents or incidents in which the applicant was involved , including the transparency and effectiveness of any response measures shall also be taken into account .


### as no existing financial security instruments , including risk pooling arrangements , can accommodate all possible consequences of extreme accidents , the commission should proceed with further analysis and studies of the appropriate measures to ensure adequately robust liability regime for damages related to offshore oil and gas operations , requirements on financial capacity including availability of appropriated financial security instruments or other arrangements . ### member states should ensure that operators demonstrate their ability to pay for the consequences of damage caused by their operations , at all phases of offshore projects , through the provision of financial security , and should decide which instruments are appropriate for this purpose . as no existing financial security instruments , including risk pooling arrangements , can accommodate all possible consequences of extreme accidents , the commission should proceed with further analysis and studies of the appropriate measures to ensure a robust liability regime for damages related to offshore oil and gas operations , and requirements on financial capacity including improving the availability of financial security instruments and arrangements . the commission should , by 20 december 2013 , report to the european parliament and to the council on its findings and any proposals .


### every two years , the commission shall publish reports on the safety of offshore operations across the union based on the information reported to it by member states and the european maritime safety agency . the commission shall be assisted in this task by relevant member states pursuant article 26 . ### every two years , the commission shall publish reports on the safety of offshore operations across the union based on the information reported to it by member states and the european maritime safety agency . the commission shall be assisted in this task by the agency and relevant member states pursuant article 27 .


### member states shall prepare external emergency plans covering all offshore oil and gas installations and potentially affected areas within their jurisdiction . ### member states shall prepare external emergency response plans covering all offshore oil and gas installations or connected infrastructure and potentially affected areas within their jurisdiction . the external emergency response plans shall specify the role of operators in the external emergency response , and the operators ' responsibility for the costs of external emergency response .


### the commission shall by means of an implementing measure also determine a common publication format that shall enable easy cross - border comparison of data . this implementing act shall be adopted in accordance with the advisory procedure referred to in article 4 of the regulation no 182 / 2011 . while remaining accessible to general public , the common publication format shall be developed in view of the allowing for a reliable comparison of national operations and regulatory practices pursuant to this article and article 24 . ### the commission , assisted by the agency , shall by means of an implementing measure also determine a common publication format that shall enable easy cross - border comparison of data . this implementing act shall be adopted in accordance with the advisory procedure referred to in article 4 of the regulation no 182 / 2011 . while remaining accessible to general public , the common publication format shall be developed in view of the allowing for a reliable comparison of national operations and regulatory practices pursuant to this article and article 24 .


### manufacturers’ compliance with the targets under this regulation should be assessed at the community level . manufacturers whose average specific emissions of co2 exceed those permitted under this regulation should pay an excess emissions premium with respect to each calendar year from 1 january 2014 . the premium should be modulated as a function of the extent to which manufacturers fail to comply with their target . in order to ensure consistency , the premium mechanism should be similar to the one set in regulation no 443 / 2009 . the amounts of the excess emissions premium should be considered as revenue in the general budget of the european union . ### manufacturers’ compliance with the targets under this regulation should be assessed at the community level . manufacturers whose average specific emissions of co2 exceed those permitted under this regulation should pay an excess emissions premium with respect to each calendar year from 1 january 2012 . the premium should be modulated as a function of the extent to which manufacturers fail to comply with their target . in order to ensure consistency , the premium mechanism should be similar to the one set in regulation no 443 / 2009 . the amounts of the excess emissions premium should be considered as revenue in the general budget of the european union .


### from 2020 , this regulation sets a target of 135 g co2 / km for the average emissions of new light commercial vehicles registered in the community . ### from 2020 , the target set in this regulation of 125 g co2 / km for the average emissions of new light commercial vehicles is to be achieved through improvements in vehicle technology , measured in accordance with regulation no 715 / 2007 and its implementing rules .


### – subject to confirmation of its feasibility on the basis of updated impact assessment results , the modalities for reaching , by the year 2020 , a long - term target of 135 g co2 / km in a cost - effective manner ; and ### – the modalities for reaching a long - term target of 160 g co2 / km , starting in 2020 , in a cost - effective manner ; and


### fostering employment and developing human capital ; ### job creation and public investment in education ;


### fishing authorisations referred to in article 4 for vessels using bottom trawls or bottom - set gillnets shall expire at the latest two years after the entry into force of this regulation . after that date , fishing authorisations targeting deep - sea species with those gears shall neither be issued nor renewed . ### fishing authorisations for vessels using bottom trawls or bottom - set gillnets below 400 metres shall expire at the latest two years after the entry into force of this regulation . after that date , fishing authorisations allowing fishing operations below 400 meters with those gears shall neither be issued nor renewed .


### fishing authorisations referred to in article 4 for vessels using bottom trawls or bottom - set gillnets shall expire at the latest two years after the entry into force of this regulation . after that date , fishing authorisations targeting deep - sea species with those gears shall neither be issued nor renewed . ### fishing authorisations for vessels using bottom trawls or bottom - set gillnets bellow 200 meters shall expire at the latest two years after the entry into force of this regulation . after that date , fishing authorisations targeting deep - sea species with those gears shall neither be issued nor renewed .


### any fishing authorisation issued on the basis of an application made in accordance with paragraph 1 shall specify the bottom gear to be used and limit the fishing activities authorised to the area in which the intended fishing activity , as set out in paragraph 1 , and the existing fishing activity , as set out in paragraph 1 , overlap . however , the area of the intended fishing activity can be extended beyond the area of the existing fishing activity if the member state has assessed and documented , based on scientific advice , that such extension would not have significant adverse impacts on vulnerable marine ecosystems . ### any fishing authorisation issued on the basis of an application made in accordance with paragraph 1 shall specify the characteristics , type and dimensions of the bottom gear to be used and limit the fishing activities authorised to the area in which the intended fishing activity , as set out in paragraph 1 , and the existing fishing activity , as set out in paragraph 1 , overlap . however , the area of the intended fishing activity can be extended beyond the area of the existing fishing activity if the member state has assessed and documented , based on best available scientific advice , that such extension would not have significant adverse impacts on vulnerable marine ecosystems . this assessment shall be conducted in accordance with annex iia and the 2008 fao international guidelines for the management of deep - sea fisheries in the high seas and shall be made publicly available .


### the commission adopted the communication ' europe 2020 - a strategy for smart , sustainable and inclusive growth ' in march 2010 . the communication was endorsed by the european council of june 2010 . the europe 2020 strategy responds to the economic crisis and is intended to prepare europe for the next decade . it sets five ambitious objectives on climate and energy , employment , innovation , education and social inclusion to be reached by 2020 and identifies key drivers for growth , which aim at making europe more dynamic and competitive . it also emphasises the importance of reinforcing the growth of the european economy while delivering high levels of employment , a low carbon , resource and energy - efficient economy and social cohesion . ### the commission adopted the communication ' europe 2020 - a strategy for smart , sustainable and inclusive growth ' in march 2010 . the communication was endorsed by the european council of june 2010 . the europe 2020 strategy responds to the economic crisis and is intended to prepare europe for the next decade . it sets five ambitious objectives on climate and energy , employment , innovation , education and social inclusion to be reached by 2020 and identifies key drivers for growth , which aim at making europe more dynamic and competitive . it also emphasises the importance of reinforcing the growth of the european economy while delivering high levels of employment , a low carbon , resource and energy - efficient economy and social cohesion , for women and men equally .


### the commission shall be assisted by a committee . that committee shall be a committee within the meaning of regulation no 182 / 2011 . ### the commission shall be assisted by a committee . that committee shall be a committee within the meaning of regulation no 182 / 2011 . the composition of the committee shall reflect gender balance by the implementation of gender quotas .


### preparatory measures shall be agreed by the council , on a proposal by the high representative of the union for foreign affairs and security policy . ### preparatory measures shall be agreed by the council , in full association with the commission , and the european parliament shall be consulted in due time in advance and shall be informed in detail about the preparatory measures , in particular those regarding the cfsp and common security and defence policy actions .


### the contributions of the union and the donors shall be entered into a specific bank account . these contributions are not integrated in the budget and are managed by the commission under the responsibility of the authorising officer by delegation . the entities and persons referred to in point of article 55 may be entrusted with budget implementation tasks in accordance with the relevant rules for indirect management . ### the contributions of the union and the donors shall be entered into a specific bank account . these contributions are not integrated in the budget and are managed by the commission under the responsibility of the authorising officer by delegation . article 55 applies .


### to foster the development and implementation of integrated governance of maritime and coastal affairs and integrated sea basin strategies ; ### to foster the development and implementation of integrated governance of maritime and coastal affairs and integrated strategies for all the union ' s sea basins ;


### partial access may be rejected if such rejection is justified by an overriding reason of general interest , such as public health , it would secure the attainment of the objective pursued and it would not go beyond what is strictly necessary . ### member states can grant partial access on a case by case basis to health professionals whose work has no implications for patient safety . partial access may be rejected if such rejection is justified by reasons of general interest to safeguard public health and patient safety .


### the commission shall be assisted by a committee on the recognition of professional qualifications . that committee shall be a committee within the meaning of regulation no 182 / 2011 . . ### the commission shall be assisted by a committee on the recognition of professional qualifications , ensuring appropriate representation and consultation at both european and national expert level . that committee shall be a committee within the meaning of regulation no 182 / 2011 .


### the commission shall adopt implementing acts specifying the conditions of access to the imi file , the technical means and the procedures for the verification referred to in the first subparagraph . those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 58 . ### the commission shall adopt implementing acts specifying the conditions of access to the imi file , the technical means and the procedures for the verification referred to in the first subparagraph . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 58 .


### in order to supplement or amend certain non - essential elements of directive 2005 / 36 / ec , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of updating of annex i , setting the criteria for the calculation of fees related to the european professional card , establishing the details of the documentation necessary for the european professional card , the adaptations of the list of activities set out in annex iv , the adaptations of points 5 . 1 . 1 to 5 . 1 . 4 , 5 . 2 . 2 , 5 . 3 . 2 , 5 . 3 . 3 , 5 . 4 . 2 , 5 . 5 . 2 , 5 . 6 . 2 and 5 . 7 . 1 of annex v , clarifying the knowledge and skills for medical doctors , nurses responsible for general care , dental practitioners , veterinary surgeons , midwives , pharmacists and architects , adapting the minimum periods of training for specialist medical trainings and specialist dental training , the inclusion in point 5 . 1 . 3 of annex v of new medical specialities , the amendments to the list set out in points 5 . 2 . 1 , 5 . 3 . 1 , 5 . 4 . 1 , 5 . 5 . 1 and 5 . 6 . 1 of annex v , inclusion in point 5 . 3 . 3 of annex v of new dental specialities , specifying the conditions of application of common training frameworks , and specifying the conditions of application of common training tests . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council . ### in order to supplement or amend certain non - essential elements of directive 2005 / 36 / ec , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of updating of annex i , setting the criteria for the calculation of fees related to the european professional card , establishing the details of the documentation necessary for the european professional card , the adaptations of the list of activities set out in annex iv , the adaptations of points 5 . 1 . 1 to 5 . 1 . 4 , 5 . 2 . 2 , 5 . 3 . 2 , 5 . 3 . 3 , 5 . 4 . 2 , 5 . 5 . 2 , 5 . 6 . 2 and 5 . 7 . 1 of annex v , clarifying the knowledge and skills for medical doctors , nurses responsible for general care , dental practitioners , veterinary surgeons , midwives , pharmacists and architects , adapting the minimum periods of training for specialist medical trainings and specialist dental training , the inclusion in point 5 . 1 . 3 of annex v of new medical specialities , the amendments to the list set out in points 5 . 2 . 1 , 5 . 3 . 1 , 5 . 4 . 1 , 5 . 5 . 1 and 5 . 6 . 1 of annex v , inclusion in point 5 . 3 . 3 of annex v of new dental specialities , specifying the conditions of application of common training frameworks , and specifying the conditions of application of common training tests . it is of particular importance that the commission carries out appropriate representation and consultations during its preparatory work , including experts at both european and national level . the commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely , transparent and appropriate transmission of relevant documents to the european parliament and to the council .


### “lifelong learning” : all general education , vocational education and training , non - formal education and informal learning undertaken throughout life , resulting in an improvement in knowledge , skills and competences . ### “lifelong learning” : all general education , vocational education and training , non - formal education and informal learning undertaken throughout life , resulting in an improvement of competences : knowledge , skills and values .


### the competent authorities of a member state shall inform the competent authorities of all other member states and the commission about the identity of a professional who has been prohibited by national authorities or courts from pursuing , even temporarily , on the territory of that member state the following professional activities : ### the competent authorities of a member state shall inform the competent authorities of all other member states and the commission about the identity of a professional who has been temporarily or permanently removed from the right to practice in their home or host member state the following professional activities :


### the competent authorities of the home and the host member states shall update in a timely manner the corresponding imi file with information regarding disciplinary action or criminal sanctions taken or any other serious specific circumstances which are likely to have consequences for the pursuit of activities of the holder of the european professional card under this directive . such updates include the deletion of information which is no longer required . the holder of the european professional card and the competent authorities involved in the corresponding imi file shall be informed of any updates by the competent authorities concerned . ### the competent authorities of the home and the host member states shall update in a timely manner the corresponding imi file with information which is based on a prior decision by a court or a competent authority prohibiting a professional to pursue his or her professional activity , regarding disciplinary action or criminal sanctions taken or any other serious specific circumstances which are likely to have consequences for the pursuit of activities of the holder of the european professional card under this directive . such updates include the deletion of information only as long as this is necessary for the recipient authority to take appropriate action or when the prohibition is no longer in effect . the holder of the european professional card and the competent authorities involved in the corresponding imi file shall be informed of any updates by the competent authorities concerned .


### in order to promote the free movement of professionals , while ensuring a more efficient and transparent recognition of qualifications it is necessary to provide for a european professional card . in particular that card is necessary to facilitate temporary mobility and recognition under the automatic recognition system , as well as to promote a simplified recognition process under the general system . the card should be issued upon request from a professional and after submission of necessary documents and completion of related review and verification procedures by the competent authorities . the functioning of the card should be supported by the internal market information system established by regulation no [ … ] on administrative cooperation through the internal market information system23 . this mechanism should help enhance synergies and trust among competent authorities , while at the same time eliminating duplication of administrative work for the authorities and creating more transparency and certainty for professionals . the process for the application and issuing of the card should be clearly structured and incorporate safeguards and the corresponding rights of appeal for the applicant . the card and the related workflow within imi should ensure the integrity , authenticity and confidentiality of the data stored and avoid unlawful and unauthorised access to information contained therein . ### in order to promote the free movement of professionals , while ensuring a more efficient and transparent recognition of qualifications it is necessary to provide for a voluntary european professional card . in particular that card may serve to facilitate temporary mobility and recognition under the automatic recognition system , as well as to promote a simplified recognition process under the general system . the card should be issued upon request from a professional and after submission of necessary documents and completion of related review and verification procedures by the competent authorities . the functioning of the card should be supported by the internal market information system established by regulation no [ … ] on administrative cooperation through the internal market information system23 . this mechanism should help enhance synergies and trust among competent authorities , while at the same time eliminating duplication of administrative work for the authorities and creating more transparency and certainty for professionals . the process for the application and issuing of the card should be clearly structured and incorporate safeguards and the corresponding rights of appeal for the applicant . the card and the related workflow within imi should ensure the integrity , authenticity and confidentiality of the data stored and avoid unlawful and unauthorised access to information contained therein .


### whilst the directive already provides for detailed obligations for member states to exchange information , such obligations should be reinforced . member states should not only react to request for information but also alert other member states in a proactive manner . such alert system should be similar to that of directive 2006 / 123 / ec . a specific alert mechanism is however necessary for health professionals benefiting from automatic recognition under directive 2005 / 36 / ec . this should also apply to veterinary surgeons unless the member states have already triggered the alert mechanism provided for in directive 2006 / 123 / ec . all member states should be alerted if a professional due to a disciplinary action or criminal conviction is no longer entitled to move to another member state . this alert should be activated through the imi regardless of whether the professional has exercised any of the rights under directive 2005 / 36 / ec or of whether he has applied for recognition of his professional qualifications through the issuance of a european professional card or through any other method provided for by that directive . the alert procedure should comply with union law on the protection of personal data and other fundamental rights . ### whilst the directive already provides for detailed obligations for member states to exchange information , such obligations should be reinforced . member states should not only react to request for information but also alert other member states in a proactive manner . such alert system should be similar to that of directive 2006 / 123 / ec . a specific alert mechanism is however necessary for health professionals benefiting from automatic recognition under directive 2005 / 36 / ec . this should also apply to veterinary surgeons unless the member states have already triggered the alert mechanism provided for in directive 2006 / 123 / ec . all member states should be alerted if a professional due to a disciplinary action or criminal conviction , in a final decision by a court or a competent authority , has been limited or banned , permanently or temporarily , from practicing their profession . this alert should be activated through the imi regardless of whether the professional has exercised any of the rights under directive 2005 / 36 / ec or of whether he has applied for recognition of his professional qualifications through the issuance of a european professional card or through any other method provided for by that directive . the alert procedure should comply with union law on the protection of personal data and other fundamental rights .


### any fees which applicants may incur in relation to administrative procedures to issue a european professional card shall be reasonable , proportionate and commensurate with the costs incurred by the home and host member states and shall not act as a disincentive to apply for a european professional card . the commission shall be empowered to adopt delegated acts in accordance with article 58a concerning the setting of criteria for the calculation and distribution of fees . ### the administrative procedure to issue a european professional card shall not represent any additional cost for the individual professional .


### the recognition of professional qualifications by the host member state shall allow the beneficiary to gain access in that member state to the same profession or , in the cases referred to in article 4f , to part of the same profession , as that for which he is qualified in the home member state and to pursue it in the host member state under the same conditions as its nationals . ### the recognition of professional qualifications by the host member state shall allow the beneficiary to gain access in that member state to the same profession as that for which he is qualified in the home member state and to pursue it in the host member state under the same conditions as its nationals .


### the common training framework has been prepared following a transparent due process , including with stakeholders from member states where the profession is not regulated ; ### the common training framework has been prepared following a transparent due process , including with national social partners , professional associations representing the sectoral professions , and stakeholders from member states where the profession is regulated or not regulated ;


### whilst the directive already provides for detailed obligations for member states to exchange information , such obligations should be reinforced . member states should not only react to request for information but also alert other member states in a proactive manner . such alert system should be similar to that of directive 2006 / 123 / ec . a specific alert mechanism is however necessary for health professionals benefiting from automatic recognition under directive 2005 / 36 / ec . this should also apply to veterinary surgeons unless the member states have already triggered the alert mechanism provided for in directive 2006 / 123 / ec . all member states should be alerted if a professional due to a disciplinary action or criminal conviction is no longer entitled to move to another member state . this alert should be activated through the imi regardless of whether the professional has exercised any of the rights under directive 2005 / 36 / ec or of whether he has applied for recognition of his professional qualifications through the issuance of a european professional card or through any other method provided for by that directive . the alert procedure should comply with union law on the protection of personal data and other fundamental rights . ### whilst the directive already provides for detailed obligations for member states to exchange information , such obligations should be reinforced . member states should not only react to request for information but also alert other member states in a proactive manner . such alert system should be similar to that of directive 2006 / 123 / ec . a specific alert mechanism is however necessary for health professionals regulated under directive 2005 / 36 / ec . this should also apply to veterinary surgeons unless the member states have already triggered the alert mechanism provided for in directive 2006 / 123 / ec . all member states should be alerted if a professional is temporarily or permanently removed from the right to practice or if any restrictions to practice or conditions on the right to practice have been imposed in their home or host member state . this alert should be activated through the imi regardless of whether the professional has exercised any of the rights under directive 2005 / 36 / ec or of whether he has applied for recognition of his professional qualifications through the issuance of a european professional card or through any other method provided for by that directive . the alert procedure should comply with union law on the protection of personal data and other fundamental rights . member states should be encouraged to publicly share information about their national arrangements for basic education and training and their quality assurance arrangements for the purposes of improving trust and confidence in member states ' education and training systems and to ensure that all relevant courses are compliant with the requirements of this directive .


### the commission should be able , on its own initiative or at the application of interested parties or a member state , to initiate at any time an external procurement investigation into restrictive procurement practices allegedly maintained by a third country . in particular it shall take into account the fact that the commission has approved a number of intended exclusions concerning a third country pursuant to article 6 of this regulation . such investigative procedures should be without prejudice to council regulation no 3286 / 94 of 22 december 1994 laying down community procedures in the field of the common commercial policy in order to ensure the exercise of the community ' s rights under international trade rules , in particular those established under the auspices of the world trade organization . ### the commission should be able , on its own initiative or at the application of interested parties or a member state , to initiate at any time an external procurement investigation into restrictive procurement practices allegedly maintained by a third country . such investigative procedures should be without prejudice to council regulation no 3286 / 94 of 22 december 1994 laying down community procedures in the field of the common commercial policy in order to ensure the exercise of the community ' s rights under international trade rules , in particular those established under the auspices of the world trade organization .


### a contracting authority / entity may withhold any information release of it would impede law enforcement , would otherwise be contrary to the public interest , would prejudice the legitimate commercial interests of economic operators , whether public or private , or might prejudice fair competition between them . ### a contracting authority / entity may withhold any information release of it would impede law enforcement , or would otherwise be contrary to the public interest .


### the commission should be able to prevent the possible negative impact of an intended exclusion on on - going trade negotiations with the country concerned . therefore , the commission may , where a country is engaging in substantive negotiations with the union concerning market access in the field of public procurement and the commission considers that there is a reasonable prospect of removing the restrictive procurement practices in the near future , it should be able to adopt a implementing act providing that goods and services from that country should not be excluded from procedures for the award of contracts for a period of one year . ### in the assessment , the commission shall take into consideration , whether a country is engaging in substantive negotiations with the union or within the gpa concerning market access in the field of public procurement and the commission considers that there is a reasonable prospect of removing the restrictive procurement practices in question in the near future .


### in view of the fact that the access of third country goods and services to the public procurement market of the union falls within the scope of the common commercial policy , member states or their contracting authorities / entities should not be able to restrict the access of third country goods or services to their tendering procedures by any other measure than the ones provided for in this regulation . ### in view of the fact that the access of third country goods and services to the public procurement market of the union falls within the scope of the common commercial policy , member states or their contracting authorities / entities should not be able to restrict the access of third country goods or services to their tendering procedures by any other measure than the ones provided for in the union ' s directive on public procurement and related directives , or other respective provisions established in accordance with the european treaties .


### when assessing whether a lack of substantial reciprocity exists , the commission should examine to what degree public procurement laws of the country concerned ensure transparency in line with international standards in the field of public procurement and preclude any discrimination against union goods , services and economic operators . in addition , it should examine to what degree public authorities and / or individual procuring entities maintain or adopt discriminatory practices against union goods , services and economic operators . ### when assessing the legitimacy of applied public procurement restrictions , the commission should examine to what degree public procurement laws of the country concerned ensure transparency in line with international standards in the field of public procurement and preclude any discrimination particularly against union goods , services and economic operators . in addition , it should examine to what degree public procuring entities maintain or adopt discriminatory practices considered illegitimate against union goods , services and economic operators .


### where it is found in an investigation pursuant to article 8 , and after following the procedure foreseen in article 9 , that restrictive procurement measures adopted or maintained by that third country leads to an lack of substantial reciprocity in market opening between the union and the third country as referred to in article 6 , the commission may adopt implementing acts to temporarily limit the access of non - covered goods and services originating in a third country . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 17 . ### where it is found in an investigation pursuant to article 8 , and after following the procedure foreseen in article 9 , that restrictive procurement measures adopted or maintained by that third country are illegitimate , the commission may adopt implementing acts to temporarily limit the access of non - covered goods and services originating in a third country . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 17 .


### for contracts with an estimated value equal or above eur 5 . 000 . 000 the commission should approve the intended exclusion if the international agreement concerning market access in the field of public procurement between the union and the country where the goods and / or services originate contains , for the goods and / or services for which the exclusion is proposed , explicit market access reservations taken by the union . where such an agreement does not exist , the commission should approve the exclusion where the third country maintains restrictive procurement measures leading to a lack of substantial reciprocity in market opening between the union and the third country concerned . a lack of substantial reciprocity should be presumed where restrictive procurement measures result in serious and recurring discriminations of eu economic operators , goods and services . ### for contracts with an estimated value equal or above eur 5 . 000 . 000 the commission should approve the intended exclusion if the international agreement concerning market access in the field of public procurement between the union and the country where the goods and / or services originate contains , for the goods and / or services for which the exclusion is proposed , explicit market access reservations taken by the union . where such an agreement does not exist , the commission should approve the exclusion where the third country maintains illegitimate restrictive procurement measures .


### the commission shall review and report on the implementation and effectiveness of this chapter , in particular as regards the scope of the reporting obligations and the modalities of the reporting on a project basis . the review should also take into account international developments and consider the effects on competitiveness and security of energy supply . it should be completed at the latest five years after the date of entry into force of this directive . the report shall be submitted to the european parliament and the council , together with a legislative proposal , if appropriate . ### the commission shall review and report on the implementation and effectiveness of this chapter , in particular as regards the scope of the reporting obligations and the modalities of the reporting on a project basis . the review should also take into account international developments and consider the effects on competitiveness and security of energy supply . it should also consider whether the reporting obligations for undertakings which are active in the extractive industry or logging of primary forests should be extended to certain other industries , including in particular fisheries . the review should be completed at the latest four years after the date of entry into force of this directive . the report shall be submitted to the european parliament and the council , together with a legislative proposal , if appropriate .


### the reports should serve to facilitate governments of resource - rich countries in implementing the eiti principles and criteria and account to their citizens for payments such governments receive from undertakings active in the extractive industry or loggers of primary forests operating within their jurisdiction . the report should incorporate disclosures on a country and project basis , where a project is considered as the lowest level of operational reporting unit at which the undertaking prepares regular internal management reports , such as a concession , geographical basin , etc and where payments have been attributed to such projects . in the light of the overall objective of promoting good governance in these countries , the materiality of payments to be reported should be assessed in relation to the recipient government . various criteria on materiality could be envisaged such as payments of an absolute amount , or a percentage threshold and these can be defined through a delegated act . the reporting regime should be subject to a review and a report by the commission within five years of the entry into force of the directive . the review should consider the effectiveness of the regime and take into account international developments including issues of competitiveness and energy security . the review should also take into account the experience of preparers and users of the payments information and consider whether it would be appropriate to include additional payment information such as effective tax rates and recipient details , such as bank account information . ### the reports should serve to facilitate governments in implementing accountability and transparency standards equivalent to at least the eiti principles and criteria and account to their citizens for payments such governments and local or regional authorities receive . in the reports by undertakings and public - interest entities which are active in the extractive industry , in agriculture , in fisheries , in large - scale energy production , in the construction sector or in the logging of primary forests , payments to governments shall also be disclosed on a project basis , where ' project ' means an operational unit set up on the basis of one or more licences , concessions , contracts or other specific legal agreements which give rise to fiscal or parafiscal liabilities . in the light of the overall objective of promoting good governance in these countries , the materiality threshold of payments to be reported should be limited to projects for which the total amount of payments exceeds eur 100 000 . the reporting regime should be subject to a review and a report by the commission within four years of the entry into force of this directive . the review should consider the effectiveness of the regime and take into account international developments including issues of competitiveness , food security and energy security . the review should also take into account the experience of preparers and users of the payments information and consider whether it would be appropriate to include additional payment information such as effective tax rates and recipient details , such as bank account information .


### the total amount of payments , including payments in kind , made to each government within a financial year ; ### the total amount of payments , including payments in kind , made to each government , including local or regional public authorities , within a financial year ;


### member states shall require large undertakings and all public interest entities active in the extractive industry or the logging of primary forests to prepare and make public a report on payments made to governments on an annual basis . ### member states shall require large undertakings and all public interest entities to prepare and make public a report on payments made to governments and certain contextual information as defined in article 38 on an annual basis . the report shall include information concerning activities of subsidiaries , associates , joint ventures , permanent establishments and other trading arrangements to the extent that they are consolidated in the annual financial statements of the undertaking or entity in question . the report shall form part of the notes to the financial statements .


### the commission shall review and report on the implementation and effectiveness of this chapter , in particular as regards the scope of the reporting obligations and the modalities of the reporting on a project basis . the review should also take into account international developments and consider the effects on competitiveness and security of energy supply . it should be completed at the latest five years after the date of entry into force of this directive . the report shall be submitted to the european parliament and the council , together with a legislative proposal , if appropriate . ### the commission shall review and report on the implementation and effectiveness of this chapter , in particular as regards the scope of the reporting obligations and the modalities of the reporting on a project basis . the review shall also take into account international developments and consider the effects on competitiveness , food security and security of energy supply . it shall also review the list of sectors for which project - by - project reporting is required . the review shall be completed at the latest four years after the date of entry into force of this directive . the report shall be submitted to the european parliament and the council , together with a legislative proposal , if appropriate .


### a member state shall require any large undertaking or any public interest entity active in the extractive industry or the logging of primary forests and governed by its national law to draw up a consolidated report on payments to governments in accordance with articles 37 and 38 if that parent undertaking is under the obligation to prepare consolidated financial statements as laid down in article 23 to 23 of this directive . ### a member state shall require any large undertaking or any public interest entity governed by its national law to draw up a consolidated report on payments to governments in accordance with articles 37 and 38 if that parent undertaking is under the obligation to prepare consolidated financial statements as laid down in article 23 to 23 of this directive .


### in order to provide for enhanced transparency of payments made to governments , large undertakings and public interest entities which are active in the extractive industry or logging of primary forestsshould disclose in a separate report on an annual basis material payments made to governments in the countries in which they operate . such undertakings are active in countries rich in natural resources , in particular minerals , oil , natural gas as well as primary forests . the report should include types of payments comparable to those disclosed by an undertaking participating in the extractive industries transparency initiative . the initiative is also complementary to the eu flegt action plan and the timber regulation which require traders of timber products to exercise due diligence in order to prevent illegal wood from entering into the eu market . ### in order to provide for enhanced transparency of payments made to governments and local or regional public authorities , undertakings and public interest entities should disclose in a separate report on an annual basis material payments made to governments and local or regional public authorities in the countries in which they operate . the report should include certain contextual information . disclosure of such a report is valuable for investors in order to enable them to make better - informed decisions , by improving corporate governance and accountability . such disclosure is also intended to support good governance in the tax area and to address and reduce tax evasion . the report should incorporate disclosures on a country basis , with certain additional reporting requirements on a project basis for undertakings and public - interest entities active in the extractive industry , in agriculture , in fisheries , in large - scale energy production , in the construction sector or in the logging of primary forests . the initiative is also complementary to the eu flegt action plan and the timber regulation which require traders of timber products to exercise due diligence in order to prevent illegal wood from entering into the eu market .


### where those payments have been attributed to a specific project the amount per type of payment , including payments in kind , made for each such project within a financial year , and the total amount of payments for each such project . ### for undertakings active in the extractive industry and the logging of primary forests and subject to the materiality threshold defined in paragraph 1a , where those payments have been attributed to a specific project , the amount per type of payment , including payments in kind , made for each such project within a financial year , and the total amount of payments for each such project ;


### member states shall require large undertakings and all public interest entities active in the extractive industry or the logging of primary forests to prepare and make public a report on payments made to governments on an annual basis . ### member states shall require undertakings and all public interest entities to prepare and make public a report on payments made to governments and local or regional public authorities and certain contextual information as defined in article 38 on an annual basis . the report shall include information concerning activities of subsidiaries , associates , joint ventures , permanent establishments and other trading arrangements to the extent that they are consolidated in the annual financial statements of the undertaking or effectively controlled by the undertaking in question .


### the csf funds shall provide support , through multi - annual programmes , which complements national , regional and local intervention , to deliver the union strategy for smart , sustainable and inclusive growth , taking account of the integrated guidelines , the country - specific recommendations under article 121 of the treaty and the relevant council recommendations adopted under 148 of the treaty . ### the csf funds shall provide support , through multi - annual programmes , which complements national , regional and local intervention , to deliver the objectives laid down in article 174 of the treaty .


### the erdf and the esf may finance , in a complementary manner and subject to a limit of 5 % of union funding for each priority axis of an operational programme , a part of an operation for which the costs are eligible for support from the other fund on the basis of eligibility rules applied to that fund , provided that they are necessary for the satisfactory implementation of the operation and are directly linked to it . ### the erdf and the esf may finance , in a complementary manner and subject to a limit of 10 % of union funding for each priority axis of an operational programme , a part of an operation for which the costs are eligible for support from the other fund on the basis of eligibility rules applied to that fund , provided that they are necessary for the satisfactory implementation of the operation and are directly linked to it .


### a performance framework should be defined for each programme with a view to monitoring progress towards the objectives and targets set for each programme over the course of the programming period . the commission should undertake a performance review in cooperation with the member states in 2017 and 2019 . a performance reserve should be foreseen and allocated in 2019 where milestones set in the performance framework have been attained . due to their diversity and multi - country character , there should be no performance reserve for ' european territorial cooperation ' programmes . in cases where the shortfall in the achievement of milestones or targets is significant , the commission should be able to suspend payments to the programme or , at the end of the programming period , apply financial corrections , in order to ensure that the union budget is not used in a wasteful or inefficient way . ### a performance framework should be defined for each programme with a view to monitoring progress towards the objectives and targets set for each programme over the course of the programming period . the commission should undertake a performance review in cooperation with the member states in 2017 and 2019 . a flexibility reserve established on the basis of the automatic appropriations should be provided for during the programming period .


### competent regional , local , urban and other public authorities ; ### other competent public authorities ;


### member states should concentrate support to ensure a significant contribution to the achievement of union objectives in line with their specific national and regional development needs . ex ante conditionalities should be defined to ensure that the necessary framework conditions for the effective use of union support are in place . the fulfilment of those ex ante conditionalities should be assessed by the commission in the framework of its assessment of the partnership contract and programmes . in cases where there is a failure to fulfil an ex ante conditionality , the commission should have the power to suspend payments to the programme . ### member states should concentrate support to ensure a significant contribution to the achievement of union objectives in line with their specific national and regional needs for sustainable development . ex ante conditionalities should be defined to ensure that the necessary framework conditions for the effective use of union support are in place . an ex ante conditionality should be applied only where it has a direct link to and impact on the effective implementation of the european structural and investment funds . the commission should assess the information provided by member states on the fulfilment of ex ante conditionalities in the framework of its assessment of the partnership agreement and programmes . in cases where there is a failure to fulfil an ex ante conditionality , the commission should have the power to suspend payments to the programme , in accordance with fund - specific rules .


### enhancing institutional capacity and an efficient public administration . ### enhancing institutional capacity and an efficient public administration and arrangements for maintaining territorial continuity in the most isolated regions .


### the ex post evaluations shall be carried out by the commission or by the member states , in close cooperation . ex post evaluations shall examine the effectiveness and efficiency of the csf funds and their contribution to the union strategy for smart , sustainable and inclusive growth in accordance with specific requirements established in the fund - specific rules . ex post evaluations shall be completed by 31 december 2023 . ### the ex post evaluations shall be carried out by the commission or by the member states , in close cooperation . ex post evaluations shall examine the effectiveness and efficiency of the csf funds and their contribution to meeting the regional and local needs , in accordance with specific requirements established in the fund - specific rules . ex post evaluations shall contain an assessment of possible constraints to the implementation of csf funds programmes . ex post evaluations shall be completed by 31 december 2023 .


### it is important to bring the achievements of the union ' s funds to the attention of the general public . citizens have the right to know how the union ' s financial resources are invested . the responsibility to ensure that the appropriate information is communicated to the public should lie with both the managing authorities and the beneficiaries . to ensure more efficiency in communication to the public at large and stronger synergies between the communication activities undertaken at the initiative of the commission , the resources allocated to communication actions under this regulation shall also contribute to cover the corporate communication of the political priorities of the european union as far as they are related to the general objectives of this regulation . ### it is important to bring the achievements of the union ' s funds to the attention of the general public . citizens have the right to know how the union ' s financial resources are invested . the responsibility to ensure that the appropriate information is communicated to the public should lie with both the managing authorities and the beneficiaries as well as with union institutions and advisory bodies . to ensure more efficiency in communication to the public at large and stronger synergies between the communication activities undertaken at the initiative of the commission , the resources allocated to communication actions under this regulation shall also contribute to raise awareness about the objectives of cohesion policy and its role as an issue of genuine relevance to eu citizens .


### for the partnership contract and each programme respectively , a member state should organise a partnership with the representatives of competent regional , local , urban and other public authorities , economic and social partners , and bodies representing civil society , including environmental partners , non - governmental organisations , and bodies responsible for promoting equality and non - discrimination . the purpose of such a partnership is to respect the principle of multi - level governance , ensure the ownership of planned interventions by stakeholders and build on the experience and know - how of relevant actors . the commission should be empowered to adopt delegated acts providing for a code of conduct in order to ensure that partners are involved in the preparation , implementation , monitoring and evaluation of partnership contracts and programmes in a consistent manner . ### for the partnership contract and each programme respectively , a member state together with the elected regional and local authorities concerned should organise a partnership with the other public authorities , economic and social partners , and bodies representing civil society , including environmental partners , non - governmental organisations , and bodies responsible for promoting equality and non - discrimination . the purpose of such a partnership is to respect the principle of multi - level governance , ensure the ownership of planned interventions by stakeholders and build on the experience and know - how of relevant actors . the commission should be empowered to adopt delegated acts providing for a code of conduct in order to ensure that partners are involved in the preparation , implementation , monitoring and evaluation of partnership contracts and programmes in a consistent manner .


### the csf funds shall provide support , through multi - annual programmes , which complements national , regional and local intervention , to deliver the union strategy for smart , sustainable and inclusive growth , taking account of the integrated guidelines , the country - specific recommendations under article 121 of the treaty and the relevant council recommendations adopted under 148 of the treaty . ### the csf funds shall provide support , through multi - annual programmes , which complements national , regional and local intervention , to achieve economic , social and territorial cohesion and to deliver the union strategy for smart , sustainable and inclusive growth , taking account of the integrated guidelines and the national reform programmes .


### it is important to bring the achievements of the union ' s funds to the attention of the general public . citizens have the right to know how the union ' s financial resources are invested . the responsibility to ensure that the appropriate information is communicated to the public should lie with both the managing authorities and the beneficiaries . to ensure more efficiency in communication to the public at large and stronger synergies between the communication activities undertaken at the initiative of the commission , the resources allocated to communication actions under this regulation shall also contribute to cover the corporate communication of the political priorities of the european union as far as they are related to the general objectives of this regulation . ### it is important to bring the achievements of the union ' s funds to the attention of the general public . citizens have the right to know how the union ' s financial resources are invested . the responsibility to ensure that the appropriate information is communicated to the public should lie with both the managing authorities and the beneficiaries . to ensure more efficiency in communication to the public at large and stronger synergies between the communication activities undertaken at the initiative of the commission , the resources allocated to communication actions under this regulation shall also contribute to raise awareness about the objectives of cohesion policy and its role as an issue of genuine relevance to eu citizens ;


### in order to achieve the targets and objectives of the union strategy for smart , sustainable and inclusive growth , the csf funds should focus their support on a limited number of common thematic objectives . the precise scope of each of the csf funds should be set out in funds - specific rules and may be limited to only some of the thematic objectives defined in this regulation . ### the precise scope of each of the csf funds should be set out in funds - specific rules .


### in accordance with the multi - level governance approach , the partners shall be involved by member states in the preparation of partnership contracts and progress reports and in the preparation , implementation , monitoring and evaluation of programmes . the partners shall participate in the monitoring committees for programmes . ### in accordance with the multi - level governance approach , the partners shall be involved by member states and elected regional and local authorities in accordance with article 4 in the preparation of partnership contracts and progress reports and in the preparation , implementation , monitoring and evaluation of programmes . the partners shall participate in the monitoring committees for programmes .


### the objectives of the csf funds shall be pursued in the framework of sustainable development and the union ' s promotion of the aim of protecting and improving the environment , as set out in article 11 of the treaty , taking into account the polluter pays principle . ### the objectives of the csf funds shall be pursued in the framework and with the ongoing concern of sustainable development and the union ' s promotion of the aim of preserving , protecting , improving and respecting the environment , in accordance with article 11 of the treaty , and in consideration of the polluter pays principle .


### member states and the bodies designated by them for that purpose shall be responsible for implementing programmes and carrying out their tasks under this regulation and the fund - specific rules at the appropriate territorial level , in accordance with the institutional , legal and financial framework of the member state and subject to compliance with this regulation and the fund - specific rules . ### member states , at the appropriate territorial level , in accordance with their institutional , legal and financial framework , and the bodies designated by them for that purpose shall be responsible for preparing and implementing programmes and carrying out their tasks , in partnership with the relevant partners referred to in article 5 , in compliance with this regulation and the fund - specific rules .


### the member states and the commission shall ensure that equality between men and women and the integration of gender perspective is promoted in the preparation and implementation of programmes . ### the member states and the commission shall ensure that equality between men and women is promoted and the integration of gender perspective is achieved in the preparation and implementation of programmes .


### promoting sustainable transport and removing bottlenecks in key network infrastructures ; ### promoting sustainable transport , developing clean or low - carbon public transport facilities and removing bottlenecks in key infrastructures ;


### to ensure the availability of essential and up to date information on programme implementation , it is necessary that member states provide the commission with the key data on a regular basis . in order to avoid an additional burden on member states , this should be limited to data collected continuously , and the transmission should be performed by way of electronic data exchange . ### to ensure the availability of essential and up to date information on programme implementation , it is necessary that member states provide the commission with the key data on a regular basis . in order to avoid an additional burden on member states , this should be limited to data collected continuously , and the transmission should be performed by way of electronic data exchange . insofar as these transfers include personal data , the provisions of directive 95 / 46 / ec and of regulation 45 / 2001 should apply .


### consent should not provide a valid legal ground for the processing of personal data , where there is a clear imbalance between the data subject and the controller . this is especially the case where the data subject is in a situation of dependence from the controller , among others , where personal data are processed by the employer of employees ‘ personal data in the employment context . where the controller is a public authority , there would be an imbalance only in the specific data processing operations where the public authority can impose an obligation by virtue of its relevant public powers and the consent cannot be deemed as freely given , taking into account the interest of the data subject . ### consent should not provide a valid legal ground for the processing of personal data , where there is a clear imbalance between the data subject and the controller . this is especially the case where the data subject is in a situation of dependence from the controller , among others , this is especially the case where personal data are processed by the employer of employees ' personal data in the employment context . therefore consent should not provide a legal ground for the processing of personal data in an employment context . where the controller is a public authority , there would be an imbalance only in the specific data processing operations where the public authority can impose an obligation by virtue of its relevant public powers and the consent cannot be deemed as freely given , taking into account the interest of the data subject .


### concessions are contracts for pecuniary interest concluded between one or more economic operators and one or more contracting authorities or entities and having as their object the acquisition of works or services where the consideration consists , normally , in the right to exploit the works or services that are the subject of the contract . the execution of these works or services is subject to specific binding obligations defined by the contracting authority or entity which are legally enforceable . by contrast , certain state acts such as authorisations or licences whereby the state or a public authority establishes the conditions for the exercise of an economic activity , should not qualify as concessions . the same applies to certain agreements having as their object the right of an economic operator to exploit certain public domains or resources , such as land lease contracts whereby the state or contracting authority or entity establishes only general conditions for their use without acquiring specific works or services . ### concessions are contracts for pecuniary interest concluded between one or more economic operators and one or more contracting authorities or entities and having as their object the acquisition of works or services where the consideration consists , normally , in the right to exploit the works or services that are the subject of the contract . the execution of these works or services is subject to specific binding obligations defined by the contracting authority or entity which are legally enforceable . by contrast , certain state acts such as authorisations or licences whereby the state or a public authority establishes the conditions for the exercise of an economic activity , should not qualify as concessions . the same applies when the member state or the contracting authority grants an economic operator for remuneration the right to exploit certain public domains or resources , such as tenancy or land lease contracts for land at maritime and inland ports and in which , as a rule , only general conditions for their use are established without the contracting authority becoming the recipient of specific services provided by the contract partner .


### the european union is a major provider of economic , financial and technical assistance to third countries . union macro - financial assistance has proved an efficient instrument for economic stabilisation and a driver for structural reforms in the beneficiary countries . in accordance with its overall policy vis - &#224 ; - vis candidate , potential candidate , and neighbourhood countries , the union should be in a position to provide macro - financial assistance to those countries with the aim of developing a zone of shared stability , security , and prosperity . ### the european union is a major provider of economic , financial and technical assistance to third countries . union macro - financial assistance has proved an efficient instrument for economic stabilisation and a driver for structural reforms in the beneficiary countries . in accordance with its overall policy vis - &#224 ; - vis candidate , potential candidate , and neighbourhood countries , the union should be in a position to provide macro - financial assistance to those countries with the aim of developing a zone of shared stability , security , and prosperity , always with the consent of both parties .


### in the context of an ageing society , well - directed investments to promote health and prevent diseases can increase the number of ‘ healthy life years’ and thus enable the elderly to continue working as they grow older . chronic diseases are responsible for over 80% of premature mortality in the eu . by identifying , disseminating and promoting the up - take of validated best practices for cost - effective prevention measures focused on the key risk factors , namely smoking , abuse of alcohol and obesity , as well as on hiv / aids , the programme will contribute to prevent diseases and promote good health , also bearing in mind underlying factors of a social and environmental nature . ### in the context of an ageing society , well - directed investments to promote health and prevent diseases can increase the number of ' healthy life years ' and thus enable the elderly to continue working as they grow older . chronic diseases are responsible for over 80% of premature mortality in the eu . by identifying , disseminating and promoting the up - take of validated best practices for cost - effective prevention measures focused on the key risk factors , namely smoking , abuse of alcohol and obesity , as well as on hiv / aids , the programme will contribute to prevent diseases and promote good health , operating within a gender - sensitive framework , also bearing in mind underlying factors of a social and environmental nature .


### personal data processed in imi shall be blocked at the latest eighteen months after the formal closure of an administrative cooperation procedure , unless blocking before that period is expressly requested by a competent authority , on a case - by - case basis . ### personal data processed in imi shall be deleted automatically at the latest eighteen months after the formal closure of an administrative cooperation procedure , unless blocking or deletion before that period is expressly requested by a competent authority and the request substantiated , on a case - by - case basis .


### during a border surveillance operation at sea , a situation may occur where it will be necessary to render assistance to persons found in distress . in accordance with international law , every state must require the master of a ship flying its flag , in so far as he can do so without serious danger to the ship , the crew or the passengers , to render assistance to any person found at sea in danger of being lost and to proceed with all possible speed to the rescue of persons in distress . such assistance should be provided regardless of the nationality or status of the persons to be assisted or of the circumstances in which they are found . ### if , during a border surveillance operation at sea , it is necessary to render assistance to persons found in distress , every member state , in accordance with international law , must require the master of a ship flying its flag , in so far as he can do so without serious danger to the ship , the crew or the passengers , to render assistance to any person found at sea in danger of being lost and to proceed with all possible speed to the rescue of persons in distress . such assistance must be provided regardless of the nationality or status of the persons to be assisted or of the circumstances in which they are found . accordingly , no action whatsoever , including criminal proceedings and penalties , must be taken to deter the master of a ship from rendering assistance to persons in distress at sea .


### this regulation respects the fundamental rights and observes the principles recognised by the charter of fundamental rights of the european union , notably the right to life , human dignity , prohibition of torture and of inhuman or degrading treatment or punishment , right to liberty and security , non - refoulement , non - discrimination , the right to an effective remedy , the right to asylum and the rights of the child . ### this regulation respects the fundamental rights and observes the principles recognised by articles 2 and 6 of the treaty on european union and by the charter of fundamental rights of the european union , in particular respect for human dignity , the right to life , the prohibition of torture and of inhuman or degrading treatment or punishment , the prohibition of trafficking in human beings , the right to liberty and security , the right to the protection of personal data , the right to asylum and to protection against removal and expulsion , non - refoulement , non - discrimination , the right to an effective remedy and the rights of the child . this regulation should be applied by member states and the agency in accordance with those rights and principles .


### when facing , in the course of a sea operation , a situation of uncertainty , alert or distress as regards a ship or any person on board , the participating unit shall forward as soon as possible all available information to the rescue coordination centre responsible for the search and rescue region in which the situation occurs . ### when facing , in the course of a sea operation , a situation of uncertainty , alert or distress as regards a ship or any person on board , the participating unit shall forward as soon as possible all available information to the rescue coordination centre responsible for the search and rescue region in which the situation occurs . in cases where it is unclear which rescue coordination centre is responsible , the participating unit shall forward all available information as soon as possible to the international coordination centre which , in turn , shall immediately appoint a responsible rescue coordination centre .


### pursuant to regulation no 2007 / 2004 , border surveillance operations coordinated by the agency are conducted in accordance with an operational plan . accordingly , as regards sea operations , the operational plan should include specific information on the application of the relevant jurisdiction and legislation in the geographical area where the joint operation or pilot project takes place , including references to international and union law , regarding interception , rescue at sea and disembarkation . in turn , this regulation governs the issues of interception , rescue at sea and disembarkation in the context of sea border surveillance operations coordinated by the agency . ### pursuant to regulation no 2007 / 2004 , border surveillance operations coordinated by the agency are conducted in accordance with an operational plan . accordingly , as regards sea operations , the operational plan should include specific information on the application of the relevant jurisdiction and legislation in the geographical area where the joint operation , pilot project or rapid intervention takes place , including references to international and union law , regarding interception , rescue at sea , disembarkation and rules and procedures which ensure that persons with international protection needs , victims of human trafficking , unaccompanied minors and other vulnerable persons are identified during the operation and provided with appropriate assistance , including access to international protection . in turn , this regulation governs the issues of interception , rescue at sea and disembarkation in the context of sea border surveillance operations coordinated by the agency .


### in case of disembarkation in a third country , the participating units shall identify the intercepted or rescued persons and assess their personal circumstances to the extent possible before disembarkation . they shall inform the intercepted or rescued persons of the place of disembarkation in an appropriate way and they shall give them an opportunity to express any reasons for believing that disembarkation in the proposed place would be in violation of the principle of non - refoulement . ### before disembarkation in , or return to a third country , the participating units shall identify the intercepted or rescued persons and assess their individual personal circumstances before disembarkation . they shall inform the intercepted or rescued persons in a language which these persons understand of the place of disembarkation or return and of their right to express opposition against the intended measure as well as the reasons for believing that disembarkation or return in the proposed place would be in violation of their rights .


### the participating units shall address the special needs of children , victims of trafficking , persons in need of urgent medical assistance , persons in need of international protection and other persons in a particularly vulnerable situation throughout the sea operation . ### in connection with all decisions and measures taken throughout the sea operation , the participating units shall properly address the special needs of children , victims of trafficking , persons with a disability , persons in need of urgent medical assistance , persons in need of international protection and other persons in a vulnerable situation . accordingly , the participating units shall be able to provide doctors , interpreters and any other specialist required in order to address needs .


### in the case of search and rescue situations as laid down in article 9 , the participating units shall cooperate with the responsible rescue coordination centre to provide a suitable port or place of safety for the rescued persons and to ensure their rapid and effective disembarkation . ### subject to the application of article 4 , in the case of search and rescue situations as laid down in article 9 , the participating units shall cooperate with the responsible rescue coordination centre to provide a suitable port or place of safety for the rescued persons and to ensure their rapid and effective disembarkation .


### before deciding on disembarkation in a third country , the participating units shall take into account the general situation in that third country and intercepted or rescued persons shall not be disembarked in that third country when the host member state or the participating member states are aware or ought to be aware that this third country is engaged in practices as described in paragraph 1 . ### before and while a sea operation is taking place , the host member state and the participating member states shall examine the general situation in the neighbouring third countries . intercepted or rescued persons shall not be disembarked in a third country when the host member state or the participating member states are aware or ought to be aware that this third country is engaged in practices as described in paragraph 1 . those member states shall provide that information to the participating units . for that purpose , they may use the information prepared by the european asylum support office , the agency and the united nations high commissioner for refugees .


### in case of disembarkation in a third country , the participating units shall identify the intercepted or rescued persons and assess their personal circumstances to the extent possible before disembarkation . they shall inform the intercepted or rescued persons of the place of disembarkation in an appropriate way and they shall give them an opportunity to express any reasons for believing that disembarkation in the proposed place would be in violation of the principle of non - refoulement . ### before deciding on disembarkation in or return to a third country , the participating units shall identify the intercepted or rescued persons and assess their individual personal circumstances , including their health and medical conditions and other circumstances that make or might make those persons vulnerable . participating units shall automatically debrief intercepted persons in readily accessible languages in accordance with a standardised procedure . relevant instructions or clear guidelines shall be given to staff and officers deployed in accordance with paragraph 5 . participating units shall inform the intercepted or rescued persons , in accessible languages , of the place of disembarkation or return and of their rights , in particular the right to object to the disembarkation or return operation concerned . information about requests for asylum and international protection shall be given , without delay , to the competent national authorities .


### during a border surveillance operation at sea , a situation may occur where it will be necessary to render assistance to persons found in distress . in accordance with international law , every state must require the master of a ship flying its flag , in so far as he can do so without serious danger to the ship , the crew or the passengers , to render assistance to any person found at sea in danger of being lost and to proceed with all possible speed to the rescue of persons in distress . such assistance should be provided regardless of the nationality or status of the persons to be assisted or of the circumstances in which they are found . ### when conducting a border surveillance operation at sea , a situation may occur where it will be necessary to render assistance to persons found in distress . in accordance with international law , every state must require the master of a ship flying its flag , in so far as he can do so without serious danger to the ship , the crew or the passengers , to render assistance to any person found at sea in danger of being lost and to proceed with all possible speed to the rescue of persons in distress . such assistance must be provided regardless of the nationality or status of the persons to be assisted or of the circumstances in which they are found .


### this regulation respects the fundamental rights and observes the principles recognised by the charter of fundamental rights of the european union , notably the right to life , human dignity , prohibition of torture and of inhuman or degrading treatment or punishment , right to liberty and security , non - refoulement , non - discrimination , the right to an effective remedy , the right to asylum and the rights of the child . ### this regulation respects the fundamental rights and observes the principles recognised by articles 2 and 6 of the treaty on european union and by the charter of fundamental rights of the european union , in particular respect for human dignity , the right to life , the prohibition of torture and of inhuman or degrading treatment or punishment , the prohibition of trafficking in human beings , the right to liberty and security , the right to the protection of personal data , the right to asylum and to protection against removal and expulsion , non - refoulement , non - discrimination , the right to an effective remedy and the rights of the child . this regulation should be applied by member states and the agency in accordance with those rights and principles . this regulation also respects human rights and fundamental freedoms as laid down by the european convention for the protection of human rights and fundamental freedoms .


### ‘ place of safety’ means a location where rescue operations are considered to terminate and where the survivors ' safety of life including as regards the protection of their fundamental rights is not threatened , where their basic human needs can be met and from which transportation arrangements can be made for the survivors ' next destination or final destination ; ### ‘ place of safety’ means a location where rescue operations are considered to terminate and where the survivors ' safety of life including as regards the protection of their fundamental and human rights is ensured , where their basic human needs can be met and from which transportation arrangements can be made for the survivors ' next destination or final destination ;


### the possible existence of an arrangement between a member state and a third country cannot absolve member states from those obligations whenever they are aware or ought to be aware that systemic deficiencies in the asylum procedure and in the reception conditions of asylum seekers in that third country amount to substantial grounds for believing that the asylum seeker would face a real risk of being subjected to inhuman or degrading treatment or where they are aware or ought to be aware that this third country is engaged in practices in contravention of the principle of non - refoulement . ### the possible existence of an arrangement between a member state and a third country cannot absolve member states from their obligations under international law or union law , in particular as regards non - refoulement . accordingly , returning an asylum seeker or a person wishing to request asylum to a third country can only be a highly exceptional measure . under no circumstances may it be taken if the reception conditions for asylum seekers in that third country do not make it possible for the person to apply for asylum , or for an application to be processed within a reasonable period , or amount to substantial grounds for believing that the asylum seeker would face a real risk of being subjected to inhuman or degrading treatment or where they are aware or ought to be aware that this third country is engaged in practices in contravention of the principle of non - refoulement .


### pursuant to regulation no 2007 / 2004 , border surveillance operations coordinated by the agency are conducted in accordance with an operational plan . accordingly , as regards sea operations , the operational plan should include specific information on the application of the relevant jurisdiction and legislation in the geographical area where the joint operation or pilot project takes place , including references to international and union law , regarding interception , rescue at sea and disembarkation . in turn , this regulation governs the issues of interception , rescue at sea and disembarkation in the context of sea border surveillance operations coordinated by the agency . ### pursuant to regulation no 2007 / 2004 , border surveillance operations coordinated by the agency are conducted in accordance with an operational plan . accordingly , as regards sea operations , the operational plan should include specific information on the application of the relevant jurisdiction and legislation in the geographical area where the joint operation or pilot project takes place , including references to international and union law , regarding interception , rescue at sea and disembarkation , and including rules and procedures which ensure that persons with international protection needs , including potential victims of trafficking , unaccompanied minors and other vulnerable persons , are identified during the operation , and that these persons are provided with appropriate assistance , including access to asylum and other international protection . in turn , this regulation governs the issues of interception , rescue at sea and disembarkation in the context of sea border surveillance operations coordinated by the agency . the operational plan should also provide for the proper monitoring of the operation by the agency ' s fundamental rights officer or any other body appointed for that purpose .