### the supervisory authority or authorities designated pursuant to article 49 of regulation 2016 / 679 shall ensure that an audit of the data processing operations by the responsible national authorities is carried out in accordance with relevant international auditing standards at least every four years . ### the supervisory authority or authorities designated pursuant to article 49 of regulation 2016 / 679 or pursuant to article 41 of directive 2016 / 680 shall ensure that an audit of the data processing operations by the responsible national authorities is carried out in accordance with relevant international auditing standards at least every four years .


### the interoperability between the eu information systems should allow said systems to supplement each other in order to facilitate the correct identification of persons , contribute to fighting identity fraud , improve and harmonise data quality requirements of the respective eu information systems , facilitate the technical and operational implementation by member states of existing and future eu information systems , strengthen and simplify the data security and data protection safeguards that govern the respective eu information systems , streamline the law enforcement access to the ees , the vis , the [ etias ] and eurodac , and support the purposes of the ees , the vis , the [ etias ] , eurodac , the sis and the [ ecris - tcn system ] . ### the interconnectivity between the eu information systems should allow said systems to crosscheck each other in order to contribute to fighting identity fraud , improve and harmonise data quality requirements of the respective eu information systems , facilitate the technical and operational implementation by member states of existing and future eu information systems , strengthen the data security and data protection safeguards that govern the respective eu information systems .


### right of access , correction and erasure ### right of access to , rectification , completion and erasure of personal data , and of restriction of the processing thereof


### in order to exercise their rights under articles 13 , 14 , 15 and 16 of regulation 45 / 2001 and articles 15 , 16 , 17 and 18 of regulation 2016 / 679 , any person shall have the right to address him or herself to the member state responsible for the manual verification of different identities or of any member state , who shall examine and reply to the request . ### in order to exercise their rights under articles 13 , 14 , 15 and 16 of regulation 45 / 2001 and articles 15 , 16 , 17 and 18 of regulation 2016 / 679 , as well as under articles 14 and 16 of directive 2016 / 689 , any person shall have the right to address him or herself to any controller in accordance with article 40 .


### while respecting the provisions of national law on the publication of sensitive information , each member state and europol shall prepare annual reports on the effectiveness of access to data stored in the common identity repository for law enforcement purposes , containing information and statistics on : ### while respecting the provisions of national law on the publication of sensitive information , as well as the eu ' s obligation to act with utmost transparency , each member state and europol shall prepare annual reports on the effectiveness of access to data stored in the common identity repository for law enforcement purposes , containing information and statistics on :


### this regulation also lays down provisions on data quality requirements , on a universal message format , on a central repository for reporting and statistics and lays down the responsibilities of the member states and of the european agency for the operational management of large - scale it systems in the area of freedom , security and justice , with respect to the design and operation of the interoperability components . ### this regulation also lays down provisions on data quality requirements , on a universal message format and lays down the responsibilities of the member states and of the european agency for the operational management of large - scale it systems in the area of freedom , security and justice , with respect to the design and operation of the interoperability components .


### emerging technologies in food production processes may have an impact on food and thereby on food safety . therefore , it should also be clarified that a food should be considered as a novel food where a production process which was not previously used for food production in the union is applied to that food or when foods contain or consist of engineered nanomaterials , as defined in article 2 of regulation no 1169 / 2011 of the european parliament and of the council16 . __________________ 16 regulation no 1169 / 2011 of the european parliament and of the council of 25 october 2011 on the provision of food information to consumers , amending regulation no 1924 / 2006 and no 1925 / 2006 of the european parliament and of the council , and repealing commission directive 87 / 250 / eec , council directive 90 / 496 / eec , commission directive 1999 / 10 / ec , directive 2000 / 13 / ec of the european parliament and of the council , commission directive 2002 / 67 / ec and 2008 / 5 / ec and commission regulation . ### emerging technologies in food production processes have an impact on food and thereby on food safety , consumer health and the environment . therefore , it should also be clarified that a food should be considered as a novel food where a production process which was not previously used for food production in the union is applied to that food .


### this regulation lays down rules for the placing of novel foods on the market within the union in order to ensure the effective functioning of the internal market while providing a high level of protection of human health and consumer interests . ### this regulation lays down rules for the placing of novel foods on the market within the union in order to ensure a high level of protection of human health , animal health and welfare , consumer interests and the environment , whilst ensuring transparency .


### scientific evidence demonstrating that the novel food does not pose a safety risk to human health ; ### independent , peer - reviewed , publically available scientific evidence demonstrating that the novel food does not pose a safety risk to human health or the environment ;


### the commission may request efsa to render its opinion if the update is liable to have an effect on human health . ### the commission shall request efsa to render its opinion if the update is liable to endanger human health .


### scientific evidence demonstrating that the novel food does not pose a safety risk to human health ; ### conclusive scientific evidence produced by independent bodies demonstrating that the novel food does not pose a safety risk to human health or the environment ;


### where applicable , it shall take account of the views of member states , the efsa ' s opinion and any other legitimate factors relevant to the update under consideration . ### it shall take account of the views of member states , the efsa ' s opinion and any other legitimate factors relevant to the update under consideration .


### ' 3 . the commission shall , as appropriate , present proposals for measures to strengthen and complement the enforcement of the essential requirements and to ensure that new packaging is put on the market only if the producer has taken all necessary measures to minimise its environmental impact without compromising the essential functions of the packaging . ' ### in article 4 , paragraph 3 is replaced by the following : ' 3 . the commission shall , as appropriate , present proposals for measures to strengthen and complement the enforcement of the essential requirements and to ensure that packaging is put on the market only if the producer has taken all necessary measures to minimise its environmental impact without compromising the essential functions of the packaging . the commission shall in particular propose measures concerning non - recyclable packaging , packaging containing hazardous substances , disposable and excess packaging , as well as evaluating new packaging material , and assess their impact at union level . '


### member states should , for the purposes of calculating whether the preparation for re - use and recycling targets are achieved , be able to take into account products and components that are prepared for re - use by recognised preparation for re - use operators and deposit - refund schemes . to ensure harmonised conditions for those calculations , the commission will adopt detailed rules on the determination of recognised preparation for re - use operators and deposit - refund schemes and on the collection , verification and reporting of data . ### member states should , for the purposes of calculating whether the preparation for re - use and recycling targets are achieved , be able to take into account products and components that are prepared for re - use by recognised preparation for re - use operators and deposit - refund schemes , and recycling operators . to ensure harmonised conditions for those calculations , the commission will adopt detailed rules on the determination of recognised preparation for re - use operators and deposit - refund schemes and on the collection , verification and reporting of data .


### ' 2 . to facilitate collection , reuse and recovery including recycling , packaging shall indicate for the purposes of its identification and classification by the industry concerned the nature of the packaging material used on the basis of commission decision 97 / 129 / ec [ 1 ] . [ 1 ] oj l 50 , 20 . 2 . 1997 , p . 28 . ' ### in article 8 , paragraph 2 is replaced by the following : ' 2 . to facilitate collection , reuse and recovery including recycling , packaging shall contain information useful for that purpose . in particular , packaging shall indicate for the purposes of its identification and classification by the industry concerned the nature of the packaging material used on the basis of commission decision 97 / 129 / ec [ 1 ] . [ 1 ] oj l 50 , 20 . 2 . 1997 , p . 28 . '


### reliable reporting of statistical data concerning waste management is paramount to efficient implementation and to ensuring comparability of data among member states . therefore , when preparing the reports on compliance with the targets set out in directive 94 / 62 / ec , member states should be required to use the most recent methodology developed by the commission and the national statistical offices of the member states . ### reliable reporting of statistical data concerning waste management is paramount to efficient implementation and to ensuring comparability of data among member states . therefore , when preparing the reports on compliance with the targets set out in directive 94 / 62 / ec , member states should be required to use a common methodology for data collection and processing developed by the commission , the national statistical offices of the member states and national , regional and local authorities responsible for waste management .


### such other measures may consist of national programmes , incentives through extended producer responsibility schemes to minimise the environmental impact of packaging or similar actions adopted , if appropriate , in consultation with economic operators , and designed to bring together and take advantage of the many initiatives taken within member states as regards prevention . they shall comply with the objectives of this directive as defined in article 1 . ### such other measures shall comply with the objectives of this directive set out in article 1 and directive 2008 / 98 / ec , namely through contributing to achieving a sustained reduction in the amount of packaging waste generated , preventing the use of packaging and minimising the environmental impact of packaging . such measures shall consist of extended producer responsibility schemes as defined in directive 2008 / 98 / ec and other national programmes as determined by the member states . those actions may be adopted , if appropriate , in consultation with economic operators and ngos . they shall be designed to bring together and as regards prevention , take advantage of the initiatives taken within member states .


### reliable reporting of statistical data concerning waste management is paramount to efficient implementation and to ensuring comparability of data among member states . therefore , when preparing the reports on compliance with the targets set out in directive 94 / 62 / ec , member states should be required to use the most recent methodology developed by the commission and the national statistical offices of the member states . ### reliable reporting of statistical data concerning waste management is paramount to efficient implementation and to ensuring comparability of data among member states . therefore , when preparing the reports on compliance with the targets set out in directive 94 / 62 / ec , member states should be required to use a common methodology for data collection and processing developed by the commission in cooperation with the national statistical offices of the member states and the national authorities responsible for waste management .


### many member states have not yet completely developed the necessary waste management infrastructure . it is therefore essential to set clear policy objectives in order to avoid locking recyclable materials at the bottom of the waste hierarchy . ### many member states have not yet completely developed the necessary waste management infrastructure for recycling . it is therefore essential to set clear policy objectives for the construction of waste treatment facilities and installations needed for prevention , reuse and recycling , in order to avoid locking recyclable materials at the bottom of the waste hierarchy and to set incentives for investments into an innovative waste management infrastructure for recycling .


### the commission shall , as appropriate , present proposals for measures to strengthen and complement the enforcement of the essential requirements and to ensure that new packaging is put on the market only if the producer has taken all necessary measures to minimise its environmental impact without compromising the essential functions of the packaging . ### in article 4 , paragraph 3 is replaced by the following : ' 3 . no later than 31 december 2018 the commission shall present proposals for measures to strengthen and complement the enforcement of the essential requirements and to ensure that new packaging is put on the market only if the producer has taken all necessary measures to minimise its environmental impact without compromising the essential functions of the packaging . the commission shall in particular present a proposal for measures concerning non - recyclable packaging , packaging containing hazardous substances , single use packaging , disposable and excess packaging , and assess the possibility of market restrictions for those items at union level . '


### member states may encourage reuse systems of packaging , which can be reused in an environmentally sound manner , in conformity with the treaty . ### in article 5 , paragraph 1 is replaced by the following : member states shall encourage reuse systems of packaging , which can be reused in an environmentally sound manner , in conformity with the treaty .


### in order to ensure harmonised conditions for the application of paragraph 1 and and of annex iv , the commission shall adopt delegated acts in accordance with article 21a establishing minimum quality and operational requirements for the determination of recognised preparation for re - use operators and deposit - refund schemes , including specific rules on data collection , verification and reporting . ### in order to ensure harmonised conditions for the application of paragraph 1 and and of annex iv , the commission shall adopt delegated acts in accordance with article 21a establishing minimum quality and operational requirements for the determination of recognised preparation for re - use operators or entities operating in - house reusable packaging schemes and deposit - refund schemes , including specific rules on data collection , verification and reporting .


### member states shall , where appropriate , encourage the use of materials obtained from recycled packaging waste for the manufacturing of packaging and other products by : improving market conditions for such materials ; reviewing existing regulations preventing the use of those materials . ### in article 6 , paragraph 4 is replaced by the following : ' 4 . member states shall encourage the use of materials obtained from recycled packaging waste for the manufacturing of packaging and other products by : improving market conditions for such materials ; reviewing existing regulations preventing the use of those materials ; making use of adequate economic instruments in order to incentivise the uptake of secondary raw material , such as fiscal incentives based on the recycled content of the products and green public procurement criteria ; promoting materials that , when recycled , do not endanger human health when they are recycled into food contact materials . '


### in order to ensure the reliability of the data gathered on preparation for re - use it is essential to establish common rules for reporting . similarly , it is important to lay down more precisely the rules according to which member states should report what is effectively recycled and can be counted towards the attainment of the recycling targets . to that effect , as a general rule , the reporting on the attainment of the recycling targets must be based on the input to the final recycling process . in order to limit administrative burdens , member states should be allowed , under strict conditions , to report recycling rates on the basis of the output of sorting facilities . losses in weight of materials or substances due to physical and / or chemical transformation processes inherent to the final recycling process should not be deducted from the weight of the waste reported as recycled . ### in order to ensure the reliability of the data gathered on preparation for re - use it is essential to establish common rules for reporting . that data should be collected in line with standards and specifications that support open data objectives and should be made available as open data . similarly , it is important to lay down more precisely the rules according to which member states should report what is effectively recycled and can be counted towards the attainment of the recycling targets . to that effect , as a general rule , the reporting on the attainment of the recycling targets must be based on the input to the final recycling process . in order to limit administrative burdens , member states should be allowed , under strict conditions , to report recycling rates on the basis of the output of sorting facilities . losses in weight of materials or substances due to physical and / or chemical transformation processes inherent to the final recycling process should not be deducted from the weight of the waste reported as recycled .


### paragraphs 5 , 8 , and 9 are deleted ; ### paragraphs 5 and 9 are deleted and paragraph 8 is replaced by the following : ' the commission shall , taking into account individual circumstances in each member state , assess the implementation of this directive with regard to the functioning of the internal market . this assessment shall be conducted at a minimum every three years and a report on that assessment shall be submitted to the european parliament and to the council . '


### member states should , for the purposes of calculating whether the preparation for re - use and recycling targets are achieved , be able to take into account products and components that are prepared for re - use by recognised preparation for re - use operators and deposit - refund schemes . to ensure harmonised conditions for those calculations , the commission will adopt detailed rules on the determination of recognised preparation for re - use operators and deposit - refund schemes and on the collection , verification and reporting of data . ### in order to ensure a uniform calculation for re - use and recycling targets , the commission should adopt detailed rules on the determination of recognised preparation for re - use operators and recycling operators and on the collection verification and reporting of data .


### in order to ensure harmonised conditions for the application of paragraph 1 and and of annex iv , the commission shall adopt delegated acts in accordance with article 21a establishing minimum quality and operational requirements for the determination of recognised preparation for re - use operators and deposit - refund schemes , including specific rules on data collection , verification and reporting . ### in order to ensure harmonized conditions for the application of paragraph 1 and and of annex iv , the commission shall adopt delegated acts for establishing guidance on preparation for re - use operators and deposit - refund schemes , including specific rules on data collection , verification and reporting .


### in addition , the definitions of ‘ waste’ , ‘ waste producer’ , ‘ waste holder’ , ‘ waste management’ , ' collection ' , ' separate collection ' , ‘ prevention’ , ‘ re - use’ , ' treatment ' , ‘ recovery’ , ‘ preparing for re - use’ , ‘ recycling’ , ' final recycling process ' and ‘ disposal’ laid down in article 3 of directive 2008 / 98 / ec shall apply . ### in addition , the definitions of ‘ waste’ , ‘ waste producer’ , ‘ waste holder’ , ‘ waste management’ , ' collection ' , ' separate collection ' , ‘ prevention’ , ‘ re - use’ , ' treatment ' , ‘ recovery’ , ‘ preparing for re - use’ , ‘ recycling’ and ‘ disposal’ laid down in article 3 of directive 2008 / 98 / ec shall apply .


### - packaging shall be designed , produced and commercialized in such a way as to permit its reuse or recovery , including recycling , and to minimize its impact on the environment when packaging waste or residues from packaging waste management operations are disposed of . ### in annex ii , point 1 , the first indent is replaced by the following : ‘ - packaging shall be designed , produced and commercialized in such a way as to permit its reuse or recovery , including recycling - in accordance with the principle of the hierarchy of waste management - and to minimize its impact on the environment when packaging waste or residues from packaging waste management operations are disposed of . ’


### promoting energy efficiency measures ; ### promoting energy efficiency and saving measures ;


### member states of group 3 shall allocate at least 35 % of their total erdf resources under priorities other than for technical assistance to po 1 , and at least 30 % to po 2 . ### member states of group 3 shall allocate at least 35 % of their total erdf resources under priorities other than for technical assistance to po 1 , and at least 35 % to po 2 .


### member states of group 2 shall allocate at least 45 % of their total erdf resources under priorities other than for technical assistance to po 1 , and at least 30 % to po 2 ; ### member states of group 2 shall allocate at least 40 % of their total erdf resources under priorities other than for technical assistance to po 1 , and at least 35 % to po 2 ;


### for the purposes of this article , the gross national income ratio means the ratio between the gross national income per capita of a member state , measured in purchasing power standards and calculated on the basis of union figures for the period from 2014 to 2016 , and the average gross national income per capita in purchasing power standards of the 27 member states for that same reference period . ### for the purposes of this article , the classification of a region under one of the three categories of regions shall be determined on the basis of the ratio between the gross domestic product per capita of each region , measured in purchasing power parity and calculated on the basis of union figures for the period 2014 - 2016 , and the average gdp of the eu27 for that same reference period .


### enhancing the effectiveness of labour markets and access to quality employment through developing social innovation and infrastructure ; ### enhancing the inclusiveness of labour markets and access to quality employment through developing social innovation and infrastructure and promoting the social economy ;


### horizontal principles as set out in article 3 of the treaty on european union and in article 10 of the tfeu , including principles of subsidiarity and proportionality as set out in article 5 of the teu , should be respected in the implementation of the erdf and the cohesion fund , taking into account the charter of fundamental rights of the european union . member states should also respect the obligations of the un convention on the rights of persons with disabilities and ensure accessibility in line with its article 9 and in accordance with the union law harmonising accessibility requirements for products and services . member states and the commission should aim at eliminating inequalities and at promoting equality between men and women and integrating the gender perspective , as well as at combating discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . the funds should not support actions that contribute to any form of segregation . the objectives of the erdf and the cohesion fund should be pursued in the framework of sustainable development and the union ' s promotion of the aim of preserving , protecting and improving the quality of the environment as set out in articles 11 and 191 of the tfeu , taking into account the polluter pays principle . in order to protect the integrity of the internal market , operations benefitting undertakings shall comply with state aid rules as set out in articles 107 and 108 of the tfeu . ### horizontal principles as set out in article 3 of the treaty on european union and in article 10 of the tfeu , including principles of subsidiarity and proportionality as set out in article 5 of the teu , should be respected in the implementation of the erdf and the cohesion fund , taking into account the charter of fundamental rights of the european union . member states should also respect the obligations of the un convention on the rights of persons with disabilities and ensure accessibility in line with its article 9 and in accordance with the union law harmonising accessibility requirements for products and services . member states and the commission should aim at eliminating social and income inequalities , at furthering the fight against poverty , at the preservation and promoting the creation of quality jobs with attendant rights and at promoting equality between men and women and integrating the gender perspective , as well as at combating discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . the funds should not support actions that contribute to any form of segregation or social exclusion . the objectives of the erdf and the cohesion fund should be pursued in the framework of sustainable development and the union ' s promotion of the aim of preserving , protecting and improving the quality of the environment as set out in articles 11 and 191 of the tfeu , taking into account the polluter pays principle . in order to protect the integrity of the internal market , operations benefitting undertakings shall comply with state aid rules as set out in articles 107 and 108 of the tfeu .


### reaping the benefits of digitisation for citizens , companies and governments ; ### reaping the benefits of digitisation for citizens , the provision of universal and modern public services , the scientific community , companies and governments ;


### those with a gross national income ratio equal to or above 100 % of the eu average ; ### those with a gdp per capita equal to or above 100 % of the eu average ;


### in order to support the efforts of member states and regions in facing new challenges and ensuring a high level of security for their citizens as well as the prevention of radicalisation , while relying on the synergies and complementarities with other union policies , investments under the erdf should contribute to security in areas where there is a need to ensure safe and secure public spaces and critical infrastructure , such as transport and energy . ### in order to support the efforts of member states and regions in facing up to rising regional regional and social disparities , new challenges and ensuring inclusive societies as well as the prevention of radicalisation , while relying on the synergies and complementarities with other union policies , investments under the erdf should contribute in areas where there is a need to ensure safe , modern and accessible public spaces and critical infrastructure , such as communication , public transport , energy and universal , high - quality public services which are vital to address regional and social disparities , promote social cohesion and regional development and encourage enterprises and people to stay in the their local area .


### reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the united nations sustainable development goals , the funds will contribute to mainstream climate actions and to the achievement of an overall target of 25 % of the eu budget expenditure supporting climate objectives . operations under the erdf are expected to contribute 30 % of the overall financial envelope of the erdf to climate objectives . operations under the cohesion fund are expected to contribute 37% of the overall financial envelope of the cohesion fund to climate objectives . ### in the context of union obligations under the paris agreement and in line with the 7th environmental action programme , new and ambitious targets for the environment , energy , waste management and climate have been introduced in union legislation . in order to allow member states and regions to meet the targets of a just transition to a socially and environmentally sustainable and inclusive economy adequate long term support schemes are indispesable . reflecting the importance of tackling climate change and loss of biodiversity in line with the union ' s commitments to implement the paris agreement and the united nations sustainable development goals , the funds will contribute to mainstream climate actions and biodiversity protection by targeting 30% of the eu budget expenditure to the support of climate objectives . operations under the erdf are expected to contribute 40 % of the overall financial envelope of the erdf to climate and environment objectives . operations under the cohesion fund are expected to contribute 50% of the overall financial envelope of the cohesion fund to climate and environment objectives .


### horizontal principles as set out in article 3 of the treaty on european union and in article 10 of the tfeu , including principles of subsidiarity and proportionality as set out in article 5 of the teu , should be respected in the implementation of the erdf and the cohesion fund , taking into account the charter of fundamental rights of the european union . member states should also respect the obligations of the un convention on the rights of persons with disabilities and ensure accessibility in line with its article 9 and in accordance with the union law harmonising accessibility requirements for products and services . member states and the commission should aim at eliminating inequalities and at promoting equality between men and women and integrating the gender perspective , as well as at combating discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . the funds should not support actions that contribute to any form of segregation . the objectives of the erdf and the cohesion fund should be pursued in the framework of sustainable development and the union ' s promotion of the aim of preserving , protecting and improving the quality of the environment as set out in articles 11 and 191 of the tfeu , taking into account the polluter pays principle . in order to protect the integrity of the internal market , operations benefitting undertakings shall comply with state aid rules as set out in articles 107 and 108 of the tfeu . ### horizontal principles as set out in article 3 of the treaty on european union and in article 10 of the tfeu , including principles of subsidiarity and proportionality as set out in article 5 of the teu , should be respected in the implementation of the erdf and the cohesion fund , taking into account the charter of fundamental rights of the european union . member states should also respect the obligations of the un convention on the rights of persons with disabilities and ensure accessibility in line with its article 9 and in accordance with the union law harmonising accessibility requirements for products and services . member states and the commission should aim at eliminating inequalities and at promoting equality between men and women and integrating the gender perspective , as well as at combating discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . the funds should not support actions that contribute to any form of segregation or exclusion . the objectives of the erdf and the cohesion fund should be pursued in the framework of sustainable development and the union ' s promotion of the aim of preserving , protecting and improving the quality of the environment and combating climate change as set out in articles 11 and 191 of the tfeu , taking into account the polluter pays principle . in order to protect the integrity of the internal market , operations benefitting undertakings shall comply with state aid rules as set out in articles 107 and 108 of the tfeu .


### in order to concentrate the use of limited resources in the most efficient way , the support given to by the erdf to productive investments under the relevant specific objective , should be limited to only micro , small and medium - sized enterprises within the meaning of commission recommendation 2003 / 361 / ec19 , except where investments involve cooperation with smes in research and innovation activities . _________________ 19 commission recommendation 2003 / 361 / ec of 6 may 2003 concerning the definition of micro , small and medium - sized enterprises . ### in order to concentrate the use of limited resources in the most efficient way , the support given to by the erdf to productive investments under the relevant specific objective , should be limited to only micro , small and medium - sized enterprises within the meaning of commission recommendation 2003 / 361 / ec19 and public sector companies , except where investments involve cooperation with smes in research and innovation activities . _________________ 19 commission recommendation 2003 / 361 / ec of 6 may 2003 concerning the definition of micro , small and medium - sized enterprises .


### for the purposes of this article , the gross national income ratio means the ratio between the gross national income per capita of a member state , measured in purchasing power standards and calculated on the basis of union figures for the period from 2014 to 2016 , and the average gross national income per capita in purchasing power standards of the 27 member states for that same reference period . ### for the purposes of this article , the classification of a region under one of the three categories of regions shall be determined on the basis of the ratio of the gross domestic product per capita of each region , measured in purchasing power parity and calculated on the basis of union figures for the period from 2014 to 2016 , and the average gdp of the eu27 for that same reference period .


### ' a smarter europe by promoting innovative and smart economic transformation ' by : ### ' a smarter europe by promoting a more cohesive and solidarity - based innovative , sustainable and smart economic transformation ' , preservation and creation of sustainable and quality employment ; by :


### the erdf should help to redress the main regional imbalances in the union and to reduce disparities between the levels of development of the various regions and the backwardness of the least favoured regions including those facing challenges due to the decarbonisation commitments . erdf support under the investment for jobs and growth goal should therefore be concentrated on key union priorities in line with policy objectives laid down in regulation 2018 / xxx [ new cpr ] . therefore support from the erdf should be concentrated on the policy objectives of ' a smarter europe by promoting innovative and smart economic transformation ' and ' a greener , low - carbon europe by promoting clean and fair energy transition , green and blue investment , the circular economy , climate adaptation and risk prevention and management ' . that thematic concentration should be attained at national level while allowing for flexibility at the level of individual programmes and between the three groups of member states formed according to respective gross national income . in addition , the methodology to classify member states should be set out in detail taking into account the specific situation of the outermost regions . ### the erdf should help to redress the main regional imbalances in the union and to reduce disparities between the levels of development of the various regions and the backwardness of the least favoured regions including those facing challenges due to the decarbonisation commitments . erdf support under the investment for jobs and growth goal should therefore be concentrated on key union priorities in line with policy objectives laid down in regulation 2018 / xxx [ new cpr ] . therefore , support from the erdf should be concentrated on the policy objectives of ' a smarter europe’ , a greener , low - carbon europe’ , ' a more connected europe’ and a ‘ more social europe’ . that thematic concentration should be attained at regional level while allowing for flexibility at the level of individual programmes .


### reaping the benefits of digitisation for citizens , companies and governments ; ### reaping the benefits of digitisation for citizens , companies , public services and governments ;


### fostering the integrated social , economic and environmental local development , cultural heritage and security , including for rural and coastal areas also through community - led local development ; ### fostering the integrated social , economic and environmental local development , cultural heritage and security , especially for rural , island and coastal areas also through community - led local development through the intermediary of local action groups ;


### enhancing biodiversity , green infrastructure in the urban environment , and reducing pollution ; ### enhancing biodiversity , green infrastructure in the urban environment , and reducing air , water , soil , noise and light pollution ;


### enhancing growth and competitiveness of smes ; ### enhancing growth and competitiveness of smes , including social economy enterprises , namely the cooperative movement ;


### in order to identify or provide solutions which address issues relating to sustainable urban development at union level , the urban innovative actions in the area of sustainable urban development should be replaced by a european urban initiative , to be implemented under direct or indirect management . that initiative should cover all urban areas and support the urban agenda for the european union21 . _________________ 21 council conclusions on an urban agenda for the eu of 24 june 2016 . ### in order to identify or provide solutions which address issues relating to sustainable urban development at union level , the urban innovative actions in the area of sustainable urban development should be replaced by a european urban initiative , to be implemented under direct or indirect management . that initiative should support the urban agenda for the european union21 and investments under the erdf should promote the polycentric development of a network of all types of urban areas in order to leverage the development of inland and rural regions and promote the development of essential public services at the local level . _________________ 21 council conclusions on an urban agenda for the eu of 24 june 2016 .


### at least 6% of the erdf resources at national level under the investment for jobs and growth goal , other than for technical assistance , shall be allocated to sustainable urban development in the form of community - led local development , integrated territorial investments or another territorial tool under po5 . ### at least 6% of the erdf resources at national level under the investment for jobs and growth goal , other than for technical assistance , shall be allocated to sustainable urban development in the form of community - led local development , integrated territorial investments or another territorial tool .


### improve the capacity of programme authorities , and bodies linked to the implementation of the funds ; ### improve , through technical and financial assistance , the capacity of programme authorities , and bodies linked to the implementation of the funds , including civil society organisations ;


### support of innovative actions ; ### support of innovative actions , including a programme of exchange for representatives of local and regional authorities and civil society organisations ;


### member states shall be classified , in terms of their gross national income ratio , as follows : ### nuts level 2 regions shall be classified , in terms of their gross domestic product per capita , as follows :


### regulation 2018 / xxx of the european parliament and of the council [ new cpr ] 16 sets out common rules applicable to various funds including the european regional development fund , the european social fund plus , the cohesion fund , the european maritime and fisheries fund , the asylum and migration fund , the internal security fund and the border management and visa instrument which operate under a common framework . __________________ 16 [ full reference - new cpr ] . ### regulation 2018 / xxx of the european parliament and of the council [ new cpr ] 16 sets out common rules applicable to various funds including the european regional development fund , the european social fund plus , the cohesion fund , the european agricultural fund for rural development , the european maritime and fisheries fund , the asylum and migration fund , the internal security fund and the border management and visa instrument which operate under a common framework . __________________ 16 [ full reference - new cpr ] .


### for the purposes of this article , the gross national income ratio means the ratio between the gross national income per capita of a member state , measured in purchasing power standards and calculated on the basis of union figures for the period from 2014 to 2016 , and the average gross national income per capita in purchasing power standards of the 27 member states for that same reference period . ### for the purposes of this article , the classification of a region under one of the three categories of regions shall be determined on the basis of the ratio between the gross domestic product per capita of each region , measured in purchasing power parity and calculated on the basis of union figures for the period 2014 - 2016 , and the average gdp of the eu27 for that same reference period .


### horizontal principles as set out in article 3 of the treaty on european union and in article 10 of the tfeu , including principles of subsidiarity and proportionality as set out in article 5 of the teu , should be respected in the implementation of the erdf and the cohesion fund , taking into account the charter of fundamental rights of the european union . member states should also respect the obligations of the un convention on the rights of persons with disabilities and ensure accessibility in line with its article 9 and in accordance with the union law harmonising accessibility requirements for products and services . member states and the commission should aim at eliminating inequalities and at promoting equality between men and women and integrating the gender perspective , as well as at combating discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . the funds should not support actions that contribute to any form of segregation . the objectives of the erdf and the cohesion fund should be pursued in the framework of sustainable development and the union ' s promotion of the aim of preserving , protecting and improving the quality of the environment as set out in articles 11 and 191 of the tfeu , taking into account the polluter pays principle . in order to protect the integrity of the internal market , operations benefitting undertakings shall comply with state aid rules as set out in articles 107 and 108 of the tfeu . ### horizontal principles as set out in articles 2 and 3 of the treaty on european union and in articles 7 to 11 of the tfeu , including principles of subsidiarity and proportionality as set out in article 5 of the teu , should be respected in the implementation of the erdf and the cohesion fund , taking into account the charter of fundamental rights of the european union . member states should also respect the obligations of the un convention on the rights of persons with disabilities and ensure accessibility in line with its article 9 and in accordance with the union law harmonising accessibility requirements for products and services . member states and the commission should aim at eliminating inequalities and at promoting equality between men and women and integrating the gender perspective , as well as at combating discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . the funds should not support actions that contribute to any form of segregation . the objectives of the erdf and the cohesion fund should be pursued in the framework of sustainable development and the union ' s promotion of the aim of preserving , protecting and improving the quality of the environment and combating climate change as set out in articles 11 and 191 of the tfeu , taking into account the polluter pays principle . in order to protect the integrity of the internal market , operations benefitting undertakings shall comply with state aid rules as set out in articles 107 and 108 of the tfeu .


### increasing the socioeconomic integration of marginalised communities , migrants and disadvantaged groups , through integrated measures including housing and social services ; ### increasing the socioeconomic inclusion of marginalised communities , such as the roma , and other disadvantaged groups through integrated measures including housing and social services ;


### in addition , investments under the erdf should contribute to the development of a comprehensive high - speed digital infrastructure network , and to promoting clean and sustainable multimodal urban mobility . ### in addition , investments under the erdf should contribute to the development of a comprehensive high - speed digital infrastructure network , and to promoting pollution - free and sustainable multimodal mobility .


### ' a greener , low - carbon europe by promoting clean and fair energy transition , green and blue investment , the circular economy , climate adaptation and risk prevention and management by : ### ' a greener , zero - carbon europe by promoting clean and fair energy and transport transition , environmentally friendly industry , green and blue investment , the circular economy , combating and adapting to climate change and risk prevention and management by :


### investments in the environment , including investments related to sustainable development and energy presenting environmental benefits ; ### investments in the environment , including investments related to sustainable development , circular economy and sustainable renewable energy presenting environmental benefits ;


### fostering the integrated social , economic and environmental local development , cultural heritage and security , including for rural and coastal areas also through community - led local development . ### fostering the integrated social , economic and environmental local development , cultural heritage , security and health , including for rural and coastal areas also through community - led local development .


### horizontal principles as set out in article 3 of the treaty on european union and in article 10 of the tfeu , including principles of subsidiarity and proportionality as set out in article 5 of the teu , should be respected in the implementation of the erdf and the cohesion fund , taking into account the charter of fundamental rights of the european union . member states should also respect the obligations of the un convention on the rights of persons with disabilities and ensure accessibility in line with its article 9 and in accordance with the union law harmonising accessibility requirements for products and services . member states and the commission should aim at eliminating inequalities and at promoting equality between men and women and integrating the gender perspective , as well as at combating discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . the funds should not support actions that contribute to any form of segregation . the objectives of the erdf and the cohesion fund should be pursued in the framework of sustainable development and the union ' s promotion of the aim of preserving , protecting and improving the quality of the environment as set out in articles 11 and 191 of the tfeu , taking into account the polluter pays principle . in order to protect the integrity of the internal market , operations benefitting undertakings shall comply with state aid rules as set out in articles 107 and 108 of the tfeu . ### horizontal principles as set out in article 3 of the treaty on european union and in article 10 of the tfeu , including principles of subsidiarity and proportionality as set out in article 5 of the teu , should be respected in the implementation of the erdf and the cohesion fund , taking into account the charter of fundamental rights of the european union . member states and the commission should aim at eliminating inequalities and at promoting equality between men and women and integrating the gender perspective , as well as at combating discrimination based on gender , racial or ethnic origin , religion or belief , disability , age or sexual orientation . they should also ensure that the erdf and the cohesion fund promote equal opportunities for all , without discrimination in accordance with article 10 tfeu and promotes the inclusion in society of persons with disabilities on an equal basis with others and contribute to the implementation of the united nations convention on the rights of persons with disabilities and ensure accessibility in line with its article 9 . the funds should also promote the transition from institutional care to family and community - based care , in particular for those who face multiple discrimination . the funds should the funds should not support actions that contribute to any form of segregation or social exclusion . the objectives of the erdf and the cohesion fund should be pursued in the framework of sustainable development and the union ' s promotion of the aim of preserving , protecting and improving the quality of the environment as set out in articles 11 and 191 of the tfeu , taking into account the polluter pays principle . in order to protect the integrity of the internal market , operations benefitting undertakings shall comply with state aid rules as set out in articles 107 and 108 of the tfeu .


### in order to concentrate the support on key union priorities , it is also appropriate that thematic concentration requirements should be respected throughout the programming period , including in the case of transfer between priorities within a programme or between programmes . ### in order to concentrate the support on key union priorities and in line with the objectives of social , economic and territorial cohesion set out in article 174 tfeu and the policy objectives laid down in regulation 2018 / xxx [ new cpr ] , it is also appropriate that thematic concentration requirements should be respected throughout the programming period , including in the case of transfer between priorities within a programme or between programmes .


### in order to support the efforts of member states and regions in facing new challenges and ensuring a high level of security for their citizens as well as the prevention of radicalisation , while relying on the synergies and complementarities with other union policies , investments under the erdf should contribute to security in areas where there is a need to ensure safe and secure public spaces and critical infrastructure , such as transport and energy . ### in order to support the efforts of member states and regions in facing up to rising regional regional and social disparities , new challenges and ensuring inclusive societies as well as the prevention of radicalisation , while relying on the synergies and complementarities with other union policies , investments under the erdf should contribute in areas where there is a need to ensure safe , modern and accessible public spaces and critical infrastructure , such as communication , public transport , energy and universal , high - quality public services which are vital to address regional and social disparities , promote social cohesion and regional development and encourage enterprises and people to stay in the their local area .


### ' a greener , low - carbon europe by promoting clean and fair energy transition , green and blue investment , the circular economy , climate adaptation and risk prevention and management by : ### ' a greener , low - carbon europe by promoting clean and fair energy and transport transition , green and blue investment , the circular economy , climate adaptation and risk prevention and management by :


### global export authorisations shall be subject to the implementation , by the exporter , of an effective internal compliance programme . the exporter shall also report to the competent authority , at least once a year , on the use of this authorisation ; the report shall include at least the following information : ### global export authorisations shall be subject to the implementation , by the exporter , of an effective internal compliance programme prior to export taking place . the exporter shall also report to the competent authority , at least once a year , on the use of this authorisation ; the report shall include at least the following information :


### considering the emergence of new categories of dual - use items , and in response to calls from the european parliament and indications that certain cyber - surveillance technologies exported from the union have been misused by persons complicit in or responsible for directing or committing serious violations of human rights or international humanitarian law in situations of armed conflict or internal repression , it is appropriate to control the export of those technologies in order to protect public security as well as public morals . these measures should not go beyond what is proportionate . they should , in particular , not prevent the export of information and communication technology used for legitimate purposes , including law enforcement and internet security research . the commission , in close consultations with the member states and stakeholders , will develop guidelines to support the practical applications of those controls . ### considering the emergence of new categories of dual - use items , and in response to calls from the european parliament and indications that certain cyber - surveillance technologies exported from the union have been misused by persons complicit in or responsible for directing or committing serious violations of human rights or international humanitarian law , it is appropriate to control the export of those technologies . these measures should not go beyond what is proportionate . they should , in particular , not prevent the export of information and communication technology used for legitimate purposes , including law enforcement and internet security research . the commission , in close consultations with the member states and stakeholders , will develop guidelines to support the practical applications of those controls .


### individual export authorisations and global export authorisations shall be valid for one year , and may be renewed by the competent authority . global export authorisations for large projects shall be valid for a duration to be determined by the competent authority . ### individual export authorisations and global export authorisations shall be valid for one year , and may be renewed by the competent authority .


### where known , the end - use and end - user of the dual - use items . ### the end - use and end - user of the dual - use items .


### for these purposes , the authority should cooperate with other relevant union initiatives and networks , in particular the european network of public employment services 54 , the european enterprise network55 , the border focal point56 and solvit57 , as well as with relevant national services such as the bodies to promote equal treatment and to support union workers and members of their family , designated by member states under directive 2014 / 54 / eu , and national contact points designated under directive 2011 / 24 / eu of the european parliament and of the council58 to provide information on healthcare . the authority should also explore synergies with the proposed european services e - card59 , notably with regard to those cases in which member states opt for the submission of declarations regarding posted workers through the e - card platform . the authority should replace the commission in managing the european network of employment services european coordination office established pursuant to regulation no 2016 / 589 , including the definition of user needs and business requirements for the effectiveness of the eures portal and related it services , but excluding the it provision , and the operation and development of the it infrastructure , which will continue to be ensured by the commission . _________________ 54 decision no 573 / 2014 / eu of the european parliament and of the council of 15 may 2014 on enhanced cooperation between public employment services . 55 european enterprise network , https : / / een . ec . europa . eu / 56 communication from the commission to the council and the european parliament , boosting growth and cohesion in eu border regions , com 534 . 57 commission recommendation of 17 september 2013 on the principles governing solvit . 58 directive 2011 / 24 / eu of the european parliament and of the council of 9 march 2011 on the application of patients’ rights in cross - border healthcare . 59 com 824 final and com 823 final . ### for these purposes , the authority should cooperate with other relevant union initiatives and networks , in particular the european network of public employment services 54 , the european enterprise network55 , the border focal point56 and solvit57 , as well as with relevant national services such as the bodies to promote equal treatment and to support union workers and members of their family , designated by member states under directive 2014 / 54 / eu , and national contact points designated under directive 2011 / 24 / eu of the european parliament and of the council58 to provide information on healthcare . the authority should replace the commission in managing the european network of employment services european coordination office established pursuant to regulation no 2016 / 589 , including the definition of user needs and business requirements for the effectiveness of the eures portal and related it services , but excluding the it provision , and the operation and development of the it infrastructure , which will continue to be ensured by the commission . _________________ 54 decision no 573 / 2014 / eu of the european parliament and of the council of 15 may 2014 on enhanced cooperation between public employment services . 55 european enterprise network , https : / / een . ec . europa . eu / 56 communication from the commission to the council and the european parliament , boosting growth and cohesion in eu border regions , com 534 . 57 commission recommendation of 17 september 2013 on the principles governing solvit . 58 directive 2011 / 24 / eu of the european parliament and of the council of 9 march 2011 on the application of patients’ rights in cross - border healthcare .


### for these purposes , the authority should cooperate with other relevant union initiatives and networks , in particular the european network of public employment services 54 , the european enterprise network55 , the border focal point56 and solvit57 , as well as with relevant national services such as the bodies to promote equal treatment and to support union workers and members of their family , designated by member states under directive 2014 / 54 / eu , and national contact points designated under directive 2011 / 24 / eu of the european parliament and of the council58 to provide information on healthcare . the authority should also explore synergies with the proposed european services e - card59 , notably with regard to those cases in which member states opt for the submission of declarations regarding posted workers through the e - card platform . the authority should replace the commission in managing the european network of employment services european coordination office established pursuant to regulation no 2016 / 589 , including the definition of user needs and business requirements for the effectiveness of the eures portal and related it services , but excluding the it provision , and the operation and development of the it infrastructure , which will continue to be ensured by the commission . _________________ 54 decision no 573 / 2014 / eu of the european parliament and of the council of 15 may 2014 on enhanced cooperation between public employment services . 55 european enterprise network , https : / / een . ec . europa . eu / 56 communication from the commission to the council and the european parliament , boosting growth and cohesion in eu border regions , com 534 . 57 commission recommendation of 17 september 2013 on the principles governing solvit . 58 directive 2011 / 24 / eu of the european parliament and of the council of 9 march 2011 on the application of patients’ rights in cross - border healthcare . 59 com 824 final and com 823 final . ### for these purposes , the authority should cooperate with other relevant union initiatives and networks , in particular the european network of public employment services 54 , the european enterprise network55 , the border focal point56 and solvit57 , as well as with relevant national services such as the bodies to promote equal treatment and to support union workers and members of their family , designated by member states under directive 2014 / 54 / eu , and national contact points designated under directive 2011 / 24 / eu of the european parliament and of the council58 to provide information on healthcare . _________________ 54 decision no 573 / 2014 / eu of the european parliament and of the council of 15 may 2014 on enhanced cooperation between public employment services . 55 european enterprise network , https : / / een . ec . europa . eu / 56 communication from the commission to the council and the european parliament , boosting growth and cohesion in eu border regions , com 534 . 57 commission recommendation of 17 september 2013 on the principles governing solvit . 58 directive 2011 / 24 / eu of the european parliament and of the council of 9 march 2011 on the application of patients’ rights in cross - border healthcare .


### facilitate access for individuals and employers to information on their rights and obligations as well as to relevant services ; ### facilitate access for individuals , employers and social partners to information on their rights and obligations as well as to relevant services ;


### the member states and the commission should be represented on a management board , in order to ensure the effective functioning of the authority . the composition of the management board , including the selection of its chair and deputy - chair , should respect the principles of gender balance , experience and qualification . in view of the effective and efficient functioning of the authority , the management board , in particular , should adopt an annual work programme , carry out its functions relating to the authority’s budget , adopt the financial rules applicable to the authority , appoint an executive director , and establish procedures for taking decisions relating to the operational tasks of the authority by the executive director . representatives from countries other than union member states , which are applying the union rules within the scope of the authority , may participate in the meetings of the management board as observers . ### the member states , the european parliament , the commission and the social partners should be represented on a management board , in order to ensure the effective functioning of the authority . the composition of the management board , including the selection of its chair and deputy - chair , should respect the principles of gender balance , experience and qualification . in view of the effective and efficient functioning of the authority , the management board , in particular , should adopt an annual work programme , carry out its functions relating to the authority’s budget , adopt the financial rules applicable to the authority , appoint an executive director , and establish procedures for taking decisions relating to the operational tasks of the authority by the executive director . representatives from countries other than union member states , which are applying the union rules within the scope of the authority , may participate in the meetings of the management board as observers .


### members of the management board representing their member states and their alternates shall be appointed by their respective member states in light of their knowledge in the fields referred to in article 1 , taking into account relevant managerial , administrative and budgetary skills . ### members of the management board representing their member states and their alternates shall be appointed by their respective member states in light of their knowledge in the fields referred to in article 1 and on the basis of merit , taking into account relevant experience , managerial , administrative and budgetary skills . members of the management board representing the social partners referred to in points and shall be appointed by their respective organisations in the member states .


### the authority shall improve the availability , quality and accessibility of information offered to individuals and employers to facilitate labour mobility across the union , in accordance with regulation 589 / 2016 on eures and regulation [ single digital gateway – com256 ] . to that end , the authority shall : ### the authority shall improve the availability , quality and accessibility of information offered to individuals , employers and social partners to facilitate fair labour mobility across the union , in accordance with regulation 589 / 2016 on eures and regulation [ single digital gateway – com256 ] . to that end , the authority shall :


### support member states in streamlining the provision of information and services to individuals and employers pertaining to cross - border mobility on a voluntary basis , while fully respecting member states ' competences . ### support member states in streamlining the provision of information and services to individuals and employers pertaining to cross - border mobility on a voluntary basis , while fully respecting member states ' competences and the fundamental rights .


### the authority shall assist member states and the commission in matters relating to cross - border labour mobility and the coordination of social security systems within the union . ### the authority shall mainly assist member states and the commission in matters relating to wage and social dumping , cross - border labour mobility , unemployment , and the coordination of social security systems within the union .


### facilitate access to information by individuals and employers on rights and obligations in cross - border situations as well as access to cross - border labour mobility services , in accordance with articles 6 and 7 ; ### facilitate access to information by individuals , employers and social partners on rights and obligations in cross - border situations as well as access to cross - border labour mobility services , in accordance with articles 6 and 7 ;


### the term of office of the administrative director shall be five years . by the end of this period , the commission shall undertake an assessment which takes into account an evaluation of the performance of the administrative director . ### the term of office of the administrative director shall be four years . by the end of this period , the commission shall undertake an assessment which takes into account an evaluation of the performance of the administrative director .


### the administrative director shall be appointed by the college from a list of candidates proposed by the commission , following an open and transparent selection procedure . for the purpose of concluding the contract of the administrative director , eurojust shall be represented by the president of the college . ### the administrative director shall be appointed by the college on the grounds of merit and documented administrative and managerial skills , as well as relevant competence and experience , from a list of candidates proposed by the commission , following an open and transparent competition , following the publication of a call for expressions of interest in the official journal of the european union and elsewhere . the college shall decide in accordance with the opinion of the european parliament based on the joint recommendation of the committee on civil liberties , justice and home affairs and the committee on budgetary control .


### the college , acting on a proposal from the commission which takes into account the assessment referred to in paragraph 3 , may extend once the term of office of the administrative director for no more than five years . ### the college , acting on a proposal from the executive board which takes into account the assessment referred to in paragraph 3 , may extend once the term of office of the administrative director for no more than four years .


### the front - end interfaces of these national single windows , on the side of the declarants , should be harmonised at union level , in order to facilitate reporting and further reduce administrative burden . this harmonisation should be achieved by the application in every national single window of a common interface software for system - to - system exchange of information developed at union level . the member states should bear the responsibility for integrating and managing this interface module and for updating the software regularly and timely when new versions are provided by the commission . the commission should develop the module and provide updates when needed . ### the front - end interfaces of these national single windows , on the side of the declarants , should be harmonised at union level , in order to facilitate reporting and further reduce administrative burden . however , any harmonization should be focused on data harmonization and be technologically neutral , as the development of digital technologies is market - driven , currently moving fast and any technological solution could very rapidly be outdated by new developments .


### emerging new digital technologies present ever - growing opportunities to increase the efficiency of the maritime transfer sector and to reduce administrative burden . in order for the benefits of such new technologies to accrue as early as possible , the commission should be empowered to amend , by means of implementing acts , the technical specifications , standards and procedures of the harmonised reporting environment . new technologies should also be taken into account when this regulation is reviewed . ### emerging new digital technologies present ever - growing opportunities to increase the efficiency of the maritime transport sector and to reduce administrative burden . in order for the benefits of such new technologies to accrue as early as possible , this regulation should leave flexibility for market players to develop new digital technologies .


### the commission shall develop and update a harmonised reporting interface module for the national single windows . this module shall include the possibility to exchange information between the information system used by the declarant and the national single window . ### the commission and the member states shall ensure that a technology - neutral reporting interface module for the national single windows is developed , ensuring that it can process the harmonized data set referred to in article 4 . the member states shall ensure a governance mechanism is developed providing the national single window the competencies required to collect , store and distribute the data to the competence authorities .


### the functional and technical specifications , quality control mechanisms and procedures for deploying , maintaining and employing the reporting interface module referred to in paragraph 2 ; ### the functional specifications and quality control mechanisms for the reporting interface module referred to in paragraph 2 ;


### emerging new digital technologies present ever - growing opportunities to increase the efficiency of the maritime transfer sector and to reduce administrative burden . in order for the benefits of such new technologies to accrue as early as possible , the commission should be empowered to amend , by means of implementing acts , the technical specifications , standards and procedures of the harmonised reporting environment . new technologies should also be taken into account when this regulation is reviewed . ### emerging new digital technologies present ever - growing opportunities to increase the efficiency of the maritime transport sector and to reduce administrative burden . in order for the benefits of such new technologies to accrue as early as possible , the commission should be empowered to amend , by means of implementing acts , the technical specifications , standards and procedures of the harmonised reporting environment . new technologies should also be taken into account when this regulation is reviewed in order for the benefits of new technologies to accrue early , allowing market players to develop new digital technologies .


### the promotion of the emswe at union level and in relevant international organisations . ### the promotion of the emswe at union level and in relevant international organisations , especially by securing the long - term financing for european maritime safety agency .


### to restrict access to any document containing trade secrets submitted by the parties or third parties , in whole or in part ; ### to restrict access of third parties to any document containing trade secrets submitted by the parties or third parties , in whole or in part ; provided that both parties involved or their representatives have access to them ,


### member states shall ensure that , in considering a request for the adoption of the injunctions and corrective measures provided for in article 11 and assessing their proportionality , the competent judicial authorities take into account the value of the trade secret , the measures taken to protect the trade secret , the conduct of the infringer in acquiring , disclosing or using of the trade secret , the impact of the unlawful disclosure or use of the trade secret , the legitimate interests of the parties and the impact which the granting or rejection of the measures could have on the parties , the legitimate interests of third parties , the public interest and the safeguard of fundamental rights , including freedom of expression and information . ### member states shall ensure that , in considering a request for the adoption of the injunctions and corrective measures provided for in article 11 and assessing their proportionality , the competent judicial authorities weigh all interests at stake , including the value of a trade secret , the impact of the disclosure for the businesses concerned on the one hand and the public interests calling for disclosure on the other hand , and in particular the legitimate interests of the parties and the impact which the granting or rejection of the measures could have on the parties , the legitimate interests of third parties and the safeguard of fundamental rights , including freedom of expression and information .


### this directive lays down rules on the protection against the unlawful acquisition , disclosure and use of trade secrets . ### this directive lays down rules on the protection against the unlawful acquisition , disclosure and use of undisclosed know - how and business information , without the authorisation of the natural or legal persons that are lawfully controlling them and in a manner that is contrary to honest commercial practices .


### in line with the principle of proportionality the measures and remedies intended to protect trade secrets should be tailored to meet the objective of a smooth functioning internal market for research and innovation without jeopardising other objectives and principles of public interest . in this respect , the measures and remedies ensure that competent judicial authorities account for the value of a trade secret , the seriousness of the conduct resulting in the unlawful acquisition , use or disclosure of the trade secret as well as the impact of such conduct . it should also be ensured that the competent judicial authorities are provided with the discretion to weigh up the interests of the parties to the litigation , as well as the interests of third parties including , where appropriate , consumers . ### in line with the principle of proportionality the measures and remedies intended to protect trade secrets should be tailored to meet the objective of a smooth functioning internal market for research and innovation without jeopardising the disclosure of such information on grounds relating to public health , public order , public safety or the fundamental rights and freedoms of others . in this respect , the measures and remedies ensure that competent judicial authorities weigh all interests at stake , including the value of a trade secret , the impact of the disclosure for the businesses concerned on the one hand and the public interests calling for disclosure on the other hand . it should also be ensured that the competent judicial authorities are provided with the discretion to weigh up the interests of the parties to the litigation , as well as the interests of third parties including , where appropriate , consumers .


### for making legitimate use of the right to freedom of expression and information ; ### whenever the alleged acquisition , use or disclosure to the trade secret is protected by the right to freedom of expression and information ;


### for the purpose of protecting a legitimate interest . ### for the purpose of protecting public health , public order , public safety or the fundamental rights and freedoms of others , or any other legitimate interest .


### open innovation is an important lever for the creation of new knowledge and underpins the emergence of new and innovative business models based on the use of co - created knowledge . trade secrets have an important role in protecting the exchange of knowledge between businesses within and across the borders of the internal market in the context of research and development and innovation . collaborative research , including cross - border cooperation , is particularly important to increase the levels of business research and development within the internal market . open innovation is a catalyst for new ideas to find their way to the market meeting the needs of consumers and tackling societal challenges . in an internal market where barriers to such cross - border collaboration are minimised and where cooperation is not distorted , intellectual creation and innovation should encourage investment in innovative processes , services and products . such an environment conducive to intellectual creation and innovation is also important for employment growth and improving competitiveness of the union economy . trade secrets are amongst the most used form of protection of intellectual creation and innovative know - how by businesses , yet they are at the same time the least protected by the existing union legal framework against their unlawful acquisition , use or disclosure by third parties . ### innovation is best promoted in an open environment . the role of open software for the development of additional , more targeted software applications , is a good example in this respect . trade secrets may , however , have a role to play in protecting the exchange of knowledge between businesses within and across the borders of the internal market in the context of research and development and innovation , if an open environment is not sustainable . collaborative research , including cross - border cooperation , is particularly important to increase the levels of business research and development within the internal market . open innovation is a catalyst for new ideas to find their way to the market meeting the needs of consumers and tackling societal challenges . in an internal market where barriers to such cross - border collaboration are minimised and where cooperation is not distorted , intellectual creation and innovation should encourage investment in innovative processes , services and products . such an environment conducive to intellectual creation and innovation is also important for employment growth and improving competitiveness of the union economy . trade secrets are amongst the most used form of protection of intellectual creation and innovative know - how by businesses , yet they are at the same time the least protected by the existing union legal framework against their unlawful acquisition , use or disclosure by third parties .


### operators of retransmission services offered on satellite , digital terrestrial , closed circuit ip - based , mobile and similar networks , provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously , in an unaltered and unabridged manner , for reception by the public , an initial transmission from another member state of television or radio programmes , where this initial transmission is by wire or over the air , including by satellite but excluding online transmissions , and intended for reception by the public . they should therefore be within the scope of this regulation and benefit from the mechanism introducing mandatory collective management of rights . retransmission services which are offered on the open internet should be excluded from the scope of this regulation as those services have different characteristics . they are not linked to any particular infrastructure and their ability to ensure a controlled environment is limited when compared for example to cable or closed circuit ip - based networks . ### operators of retransmission services offered on satellite , digital terrestrial , ip - based , mobile and similar networks , as well as certain other retransmissions , provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously , in an unaltered and unabridged manner , for reception by the public , an initial transmission from another member state of television or radio programmes , where this initial transmission is by wire or over the air , including by satellite and online transmissions , and intended for reception by the public . they should therefore be within the scope of this regulation and benefit from the mechanism introducing mandatory collective management of rights . retransmission services which are offered on the open internet should be included in the scope of this regulation as long as they are provided in a controlled environment such as a defined group of subscribers or registered users and comparable to closed circuits networks .


### the ancillary online services covered by this regulation are those services offered by broadcasting organisations which have a clear and subordinate relationship to the broadcast . they include services giving access to television and radio programmes in a linear manner simultaneously to the broadcast and services giving access , within a defined time period after the broadcast , to television and radio programmes which have been previously broadcast by the broadcasting organisation . in addition , ancillary online services include services which give access to material which enriches or otherwise expands television and radio programmes broadcast by the broadcasting organisation , including by way of previewing , extending , supplementing or reviewing the relevant programme ' s content . the provision of access to individual works or other protected subject matter that have been incorporated in a television or radio programme should not be regarded as an ancillary online service . similarly , the provision of access to works or other protected subject matter independently of broadcast , such as services giving access to individual musical or audiovisual works , music albums or videos , do not fall under the definition of ancillary online service . ### the online services covered by this regulation are services giving access to television and radio content including services giving access to television and radio programmes in a linear manner simultaneously to the broadcast and services giving access , within a defined time period after the broadcast , to television and radio programmes which have been previously broadcast by the broadcasting organisation . they include services which give access to material which enriches or otherwise expands television and radio programmes broadcast by the broadcasting organisation , including by way of previewing , extending , supplementing or reviewing the relevant programme ' s content , as well as material genuinely produced for the online environment . public broadcasters in particular need to be able to use different dissemination channels to reach different audiences in order to fulfil their public service mandate . in order to reach all categories of audiences , the possibility to disseminate services designed specifically for the online environment is crucial . therefore , the provision of access to individual works or other protected subject matter independently of broadcast , such as services giving access to individual musical or audiovisual works , music albums or videos and webcasting are included in the scope of the definition of online service .


### therefore , cross - border provision of online services ancillary to broadcast and retransmissions of television and radio programmes originating in other member states should be facilitated by adapting the legal framework on the exercise of copyright and related rights relevant for those activities . ### therefore , cross - border provision of online services of broadcasters and retransmissions of television and radio programmes originating in other member states should be facilitated by adapting the legal framework on the exercise of copyright and related rights relevant for those activities .


### since the provision of , the access to or the use of an ancillary online service is deemed to occur solely in the member state in which the broadcasting organisation has its principal establishment , while de facto the ancillary online service can be provided across borders to other member states , it is necessary to ensure that in arriving at the amount of the payment to be made for the rights in question , the parties should take into account all aspects of the ancillary online service such as the features of the service , the audience , including the audience in the member state in which the broadcasting organisation has its principal establishment and in other member states in which the ancillary online service is accessed and used , and the language version . ### since the provision of , the access to or the use of an online service is deemed to occur solely in the member state in which the broadcasting organisation has its principal establishment , while de facto the online service can be provided across borders to other member states , it is necessary to ensure that in arriving at the amount of the payment to be made for the rights in question , the parties should take into account all aspects of the online service such as the features of the service , the audience , including the audience in the member state in which the broadcasting organisation has its principal establishment and in other member states in which the online service is accessed and used , and all available language versions . in the case of radio programmes , payments for the use of protected works with collective management organizations follow a different method , due to different business model from music - only services : radio is a mixture of audio content which is well - edited and well - produced . content is free - to - air / free - to - access , transmitted via wired or wireless means - such as , first and foremost , broadcast , but also cable , satellite or online - and typically consists of talk , stories , entertainment , news and music . the payments done for the rights in question are usually set as a percentage of the radios´revenues . so , as long as the actual , real and proven cross border audience remains minimal , no additional aspect needs to be taken into account for the payment of the considered rights .


### application of the principle of ‘ country of origin’ to ancillary online services ### application of the principle of ‘ country of origin’ to online services


### since the provision of , the access to or the use of an ancillary online service is deemed to occur solely in the member state in which the broadcasting organisation has its principal establishment , while de facto the ancillary online service can be provided across borders to other member states , it is necessary to ensure that in arriving at the amount of the payment to be made for the rights in question , the parties should take into account all aspects of the ancillary online service such as the features of the service , the audience , including the audience in the member state in which the broadcasting organisation has its principal establishment and in other member states in which the ancillary online service is accessed and used , and the language version . ### since the provision of , the access to or the use of an online service is deemed to occur solely in the member state in which the broadcasting organisation or the service provider has its principal establishment , while de facto the online service can be provided across borders to other member states , it is necessary to ensure that in arriving at the amount of the payment to be made for the rights in question , the parties should take into account all aspects of the online service such as the nature and features of the service , the audience , including the audience in the member state in which the broadcasting organisation or service provider has its principal establishment and in other member states in which the online service is accessed and used , and the language version .


### since the provision of , the access to or the use of an ancillary online service is deemed to occur solely in the member state in which the broadcasting organisation has its principal establishment , while de facto the ancillary online service can be provided across borders to other member states , it is necessary to ensure that in arriving at the amount of the payment to be made for the rights in question , the parties should take into account all aspects of the ancillary online service such as the features of the service , the audience , including the audience in the member state in which the broadcasting organisation has its principal establishment and in other member states in which the ancillary online service is accessed and used , and the language version . ### since the provision of , the access to or the use of an ancillary online service is deemed to occur solely in the member state in which the broadcasting organisation has its principal establishment , while de facto the ancillary online service can be provided across borders to other member states , it is necessary to ensure that in arriving at the amount of the payment to be made for the rights in question , the parties should take into account all aspects of the online service such as the features of the service , the duration of online availability , the potential size of its audience having regard to the language of the online service , including the audience in the member state in which the broadcasting organisation has its principal establishment and in other member states in which the ancillary online service is accessed and used . use of the principle of ' country of origin ' may result in having a broader audience which is in turn beneficial for broadcasters . such benefits should be mirrored in an appropriate way , by means of unwaivable additional remuneration for right holders . to effectively enforce that right to additional , fair remuneration , transparency is indispensable . therefore , the additional remuneration should be disclosed separately from the total remuneration in the contract between broadcasters and right holders . furthermore , diversity is one of the key features of european culture . to make sure that this diversity prevails , an industry agreement should ensure that additional remuneration for niche artistic works is higher than average , as their right holders have limited bargaining power .


### where applicable , the economic , social , climate and environmental impact , and accessibility ; ### the economic , climate , environmental and social impact , in particular promoting accessibility and equal gender educational and professional opportunities ;


### the interim evaluation of the programme shall be performed once there is sufficient information available about the implementation of the programme , but no later than four years after the start of the implementation of the programme . ### the interim evaluation of the programme shall be performed once there is sufficient information available about the implementation of the programme , but no later than four years after the start of the implementation of the programme . the interim evaluation shall be presented in the european parliament .


### support the design and delivery of long - term trainings and courses for students , it professionals and the workforce ; ### support the design and delivery of more long - term and requalification trainings and courses for students , the workforce , it professionals , researchers and academics ;


### make those capacities accessible to all businesses and public administrations ; ### make those capacities accessible to all businesses and public administrations , as well as to not - for - profit organisations , research institutions and universities and use them to improve the quality of jobs and the quality of life of employed persons and citizens ;