### sound prudential supervision should ensure that investment firms are managed in an orderly way and in the best interests of their clients . they should take into account the potential for investment firms and their clients to engage in excessive risk - taking and the different degrees of risk assumed and posed by investment firms . equally , such prudential supervision should aim to avoid undue administrative burden on investment firms . ### sound prudential supervision should ensure that investment firms are managed in an orderly way and in the best interests of their clients . they should take into account the potential for investment firms and their clients to engage in excessive risk - taking and the different degrees of risk assumed and posed by investment firms . equally , such prudential supervision should aim to avoid disproportionate administrative burden on investment firms . at the same time , these requirements should make it possible to strike a balance between ensuring the safety and soundness of different investment companies and avoiding excessive costs that might undermine the viability of their business activity .


### there may be member states in which the authorities competent for the prudential supervision of investment firms are different from the authorities that are competent for the supervision of market conduct . it is therefore necessary to create a mechanism of cooperation and exchange of information between those authorities . ### there may be member states in which the authorities competent for the prudential supervision of investment firms are different from the authorities that are competent for the supervision of market conduct . it is therefore necessary to create a mechanism of cooperation and exchange of information between those authorities in order to ensure harmonised prudential supervision of investment firms across the union functioning promptly and efficiently .


### the required level of initial capital of an investment firm should be based on the services and activities which that investment firm is authorised to provide , and respectively perform , according to directive 2004 / 39 / ec . the possibility for member states to lower the required level of initial capital in specific situations , as provided for in directive 2013 / 36 / eu , on the one hand , and the situation of uneven implementation of that directive , on the other hand , have led to a situation where the required level of initial capital diverges across the union . to end that fragmentation , the required level of initial capital should be harmonised . ### the required level of initial capital of an investment firm should be based on the services and activities which that investment firm is authorised to provide , and respectively perform , according to directive 2004 / 39 / ec . the possibility for member states to lower the required level of initial capital in specific situations , as provided for in directive 2013 / 36 / eu , on the one hand , and the situation of uneven implementation of that directive , on the other hand , have led to a situation where the required level of initial capital diverges across the union . to end that fragmentation , the required level of initial capital should be harmonised accordingly for all investment firms in the union .


### to safeguard compliance with the obligations laid down in this directive and [ regulation - - - / - - - - [ ifr ] , member states should provide for administrative penalties and other administrative measures which are effective , proportionate and dissuasive . in order to ensure that administrative penalties have a dissuasive effect they should be published except in certain well - defined circumstances . to enable clients and investors to make an informed decision about their investment options , those clients and investors should have access to information on administrative penalties and measures imposed on investment firms . ### to safeguard compliance with the obligations laid down in this directive and [ regulation - - - / - - - - [ ifr ] , member states should provide for administrative penalties and other administrative measures which are effective , proportionate and dissuasive . in order to ensure that administrative penalties have a dissuasive effect they should be published . to enable clients and investors to make an informed decision about their investment options , those clients and investors should have access to information on administrative penalties and measures imposed on investment firms .


### investment firms should have internal capital which is adequate in quantity , quality and distribution to cover the specific risks to which they are or may be exposed . competent authorities should ensure that investment firms have the adequate strategies and processes in place to asses and maintain the adequacy of their internal capital . ### investment firms should have internal capital available , which is adequate in quantity , quality and distribution to cover the specific risks to which they are or may be exposed . competent authorities should ensure that investment firms have the adequate strategies and processes in place to assess and maintain the adequacy of their internal capital .


### competent authorities , as parties to the esfs , cooperate with trust and full mutual respect , in particular when ensuring the flow of appropriate and reliable information between them and other parties to the esfs ; ### competent authorities , as parties to the esfs , cooperate with trust and full mutual respect , in particular when ensuring the flow of appropriate , reliable and exhaustive information between them and other parties to the esfs ;


### the commission shall update , by means of implementing acts , the amount of initial capital referred to in paragraphs 1 to 3 of this article to take account of developments in the economic and monetary field . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 56 . ### the commission is empowered to adopt delegated acts in accordance with article 54 in order to update the amount of initial capital referred to in paragraphs 1 to 3 of this article to take account of developments in the economic and monetary field .


### competent authorities of the home member state that disagree with the measures of the competent authorities of the host member state may refer the matter to eba , which shall act in accordance with the procedure laid down in article 19 of regulation no 1093 / 2010 . where eba acts in accordance with that article , it shall adopt its decision within one month . ### competent authorities of the home member state that disagree with the measures of the competent authorities of the host member state may refer the matter to eba , which shall act in accordance with the procedure laid down in article 19 of regulation no 1093 / 2010 . where eba acts in accordance with that article , it shall adopt its decision as quickly as possible and no later than one month .


### eba shall submit the draft technical standards referred to in paragraphs 6 and 7 to the commission by [ nine months from the date of entry into force of this directive ] . ### eba shall submit the draft technical standards referred to in paragraphs 6 and 7 to the commission by [ six months from the date of entry into force of this directive ] .


### confidential information which such authorities and persons receive in the course of their duties may be disclosed only in summary or aggregate form provided that individual investment firms or persons cannot be identified , without prejudice to cases covered by criminal law . ### confidential information which such authorities and persons receive in the course of their duties may be disclosed in summary or aggregate form provided that individual investment firms or persons cannot be identified , without prejudice to cases covered by criminal law .


### competent authorities may exchange confidential information for the purposes of paragraph 2 , may expressly state how that information is to be treated and may expressly restrict any further transmission of that information . ### competent authorities may exchange confidential information for the purposes of paragraph 2 and may expressly state how that information is to be treated .


### member states shall provide that any person authorised in accordance with directive 2006 / 43 / ec40 and performing in an investment firm the tasks described in article 73 of directive 2009 / 65 / ec41 or article 34 of directive 2013 / 34 / eu or any other statutory task , has a duty to report promptly to the competent authorities any fact or decision concerning that investment firm , or concerning an undertaking that has close links with that investment firm which : __________________ 40 directive 2006 / 43 / ec of the european parliament and of the council of 17 may 2006 on statutory audits of annual accounts and consolidated accounts , amending council directives 78 / 660 / eec and 83 / 349 / eec and repealing council directive 84 / 253 / eec . 41 directive 2009 / 65 / ec of the european parliament and of the council of 13 july 2009 on the coordination of laws , regulations and administrative provisions relating to undertakings for collective investment in transferable securities . ### member states shall provide that any person authorised in accordance with directive 2006 / 43 / ec40 and performing in an investment firm the tasks described in article 73 of directive 2009 / 65 / ec41 or article 34 of directive 2013 / 34 / eu or any other statutory task , has a duty to report as promptly as possible to the competent authorities any fact or decision concerning that investment firm , or concerning an undertaking that has close links with that investment firm which : __________________ 40 directive 2006 / 43 / ec of the european parliament and of the council of 17 may 2006 on statutory audits of annual accounts and consolidated accounts , amending council directives 78 / 660 / eec and 83 / 349 / eec and repealing council directive 84 / 253 / eec . 41 directive 2009 / 65 / ec of the european parliament and of the council of 13 july 2009 on the coordination of laws , regulations and administrative provisions relating to undertakings for collective investment in transferable securities .


### article 18 publication of administrative penalties and measures member states shall ensure that competent authorities publish on their official website any administrative penalties and measures imposed in accordance with article 16 and which has not been appealed or can no longer be appealed , without undue delay . that publication shall include information on the type and nature of the breach and the identity of the natural or legal person on whom the penalty is imposed or against whom the measure is taken . the information shall only be published after that person has been informed of those penalties or measures and to the extent the publication is necessary and proportionate . 2 . where member states permit the publication of administrative penalties or measures imposed in accordance with article 16 against which there has been an appeal , competent authorities shall also publish on their official website information on the appeal status and on the outcome of the appeal . 3 . competent authorities shall publish the administrative penalties or measures imposed in accordance with article 16 on an anonymous basis in any of the following cases : the penalty has been imposed on a natural person and publication of that person ' s personal data is found to be disproportionate ; the publication would jeopardise an ongoing criminal investigation or the stability of financial markets ; the publication would cause disproportionate damage to the investment firms or natural persons involved . 4 . competent authorities shall ensure that information published pursuant to this article remains on their official website for at least five years . personal data may only be retained on the official website of the competent authority where permitted by the applicable data protection rules . ### article 18 publication of administrative penalties and measures member states shall ensure that competent authorities publish on their official website any administrative penalties and measures imposed in accordance with article 16 and which has not been appealed or can no longer be appealed , without undue delay . that publication shall include information on the type and nature of the breach and the identity of the natural or legal person on whom the penalty is imposed or against whom the measure is taken . the information shall only be published after that person has been informed of those penalties or measures and to the extent the publication is necessary and proportionate . competent authorities shall ensure that the same information is published on the official website of the investment firm concerned . 2 . where member states permit the publication of administrative penalties or measures imposed in accordance with article 16 against which there has been an appeal , competent authorities shall also publish on their official website information on the appeal status and on the outcome of the appeal . competent authorities shall ensure that the same information is published on the official website of the investment firm concerned . 3 . competent authorities shall publish the administrative penalties or measures imposed in accordance with article 16 on an anonymous basis in any of the following cases : the penalty has been imposed on a natural person and publication of that person ' s personal data is found to be disproportionate ; the publication would jeopardise an ongoing criminal investigation or the stability of financial markets ; the publication would cause disproportionate damage to the investment firms or natural persons involved . 4 . competent authorities shall ensure that information published pursuant to this article remains on their official website for at least five years . personal data may only be retained on the official website of the competent authority where permitted by the applicable data protection rules .


### member states shall ensure that where an investment firm benefits from extraordinary public financial support as defined to in article 2 of directive 2014 / 59 / eu , the following requirements apply : where variable remuneration would be inconsistent with the maintenance of a sound capital base of an investment firm and its timely exit from extraordinary public financial support , variable remuneration of all staff shall be limited to a portion of net revenue ; investment firms shall establish limits to the remuneration of the members of the management body of the investment firm ; the investment firm shall only pay variable remuneration to members of the management body of the investment firm where such remuneration has been approved by the competent authority . ### member states shall ensure that where an investment firm benefits from extraordinary public financial support as defined in point of article 2 of directive 2014 / 59 / eu , it does not pay any variable remuneration .


### up to 100% of the variable remuneration shall be contracted where the financial performance of the investment firm is subdued or negative , including through malus or clawback arrangements subject to criteria set by investment firms which in particular cover situations where the individual in question : ### 100% of the variable remuneration shall be contracted where the financial performance of the investment firm is subdued or negative , including through malus or clawback arrangements subject to criteria set by investment firms which in particular cover situations where the individual in question :


### an investment firm , the asset value of which is on average equal to or less than eur 100 million over the four - year period immediately preceding the given financial year ; ### an investment firm , the asset value of which is on average equal to or less than eur 50 million over the four - year period immediately preceding the given financial year ;


### member states shall ensure that investment firms provide competent authorities , where requested , with information on the number of natural persons per investment firm that are remunerated eur 1 million or more per financial year , in pay brackets of eur 1 million , including information on their job responsibilities , the business area involved and the main elements of salary , bonus , long - term award and pension contribution . competent authorities shall forward that information to eba , which shall publish it on an aggregate home member state basis in a common reporting format . eba , in consultation with esma , may elaborate guidelines to facilitate the implementation of this paragraph and to ensure the consistency of the information collected . ### member states shall ensure that investment firms provide competent authorities , where requested , with information on the number of natural persons per investment firm that are remunerated eur 500 000 or more per financial year , in pay brackets of eur 500 000 , including information on their job responsibilities , the business area involved and the salary , bonus , long - term award and pension contribution . competent authorities shall forward that information to eba , which shall publish it on a disaggregated home / host member state basis in a common reporting format . eba , in consultation with esma , shall elaborate guidelines to facilitate the implementation of this paragraph and to ensure the consistency of the information collected .


### article 54 exercise of the delegation the power to adopt delegated acts is conferred on the commission subject to the conditions laid down in this article . 2 . the power to adopt delegated acts referred to in articles 3 , 27 and 33 shall be conferred on the commission for an indeterminate period of time from [ date of entry into force of this directive ] . 3 . the delegation of power referred to in articles 3 , 27 and 33 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force . 4 . before adopting a delegated act , the commission shall consult experts designated by each member state in accordance with the principles laid down in the interinstitutional agreement of 13 april 2016 on better law - making . 5 . as soon as it adopts a delegated act , the commission shall notify it simultaneously to the european parliament and to the council . 6 . a delegated act adopted pursuant to articles 3 , 27 and 33 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of [ two months ] of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by [ two months ] at the initiative of the european parliament or of the council . ### article 54 exercise of the delegation the power to adopt delegated acts is conferred on the commission subject to the conditions laid down in this article . 2 . the power to adopt delegated acts referred to in articles 3 , 8 , 27 and 33 shall be conferred on the commission for a period of 5 years from [ date of entry into force of this directive ] . 3 . the delegation of power referred to in articles 3 , 8 , 27 and 33 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force . 4 . before adopting a delegated act , the commission shall consult experts designated by each member state in accordance with the principles laid down in the interinstitutional agreement of 13 april 2016 on better law - making . 5 . as soon as it adopts a delegated act , the commission shall notify it simultaneously to the european parliament and to the council . 6 . a delegated act adopted pursuant to articles 3 , 8 , 27 and 33 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of [ two months ] of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by [ two months ] at the initiative of the european parliament or of the council .


### unduly compelling a government or international organisation to perform or abstain from performing any act , ### using violence or the threat of violence to compel or seek to compel a government of a member state or international organisation to perform or abstain from performing any act ,


### participating in the activities of a terrorist group , including by supplying information or material resources , or by funding its activities in any way , with knowledge of the fact that such participation will contribute to the criminal activities of the terrorist group . ### voluntarily participating in the activities of a terrorist group , including by supplying information or material resources , or by funding its activities , provided such participation has a close proximity to the commission of the principal offence , and with knowledge and intention that this participation will contribute in a meaningful way to the terrorist offences of the terrorist group .


### member states shall take the necessary measures to ensure that the distribution , or otherwise making available , of a message to the public , with the intent to incite the commission of one of the offences listed in points to of article 3 , where such conduct , whether or not directly advocating terrorist offences , causes a danger that one or more such offences may be committed , is punishable as a criminal offence when committed intentionally . ### member states shall take the necessary measures to ensure that the intentional distribution , or otherwise making available of a message to the public , with the clear knowledge and intent to incite the commission of one of the offences listed in points to of article 3 , where such conduct manifestly causes a clear and imminent danger that one or more such offences will be committed , is punishable as a criminal offence when committed intentionally .


### member states shall take the necessary measures to ensure that to receive instruction , from another person in the making or use of explosives , firearms or other weapons or noxious or hazardous substances , or in other specific methods or techniques , for the purpose of committing of or contributing to the commission of one of the offences listed in points to of article 3 is punishable as a criminal offence when committed intentionally . ### member states shall take the necessary measures to ensure that to wilfully receive instruction , from another person in the making or use of explosives , firearms or other weapons or noxious or hazardous substances , or in other specific methods or techniques , for the purpose of committing of or contributing to the commission of one of the offences listed in points to of article 3 , where the reception of instructions manifestly causes a clear and imminent danger that one or more such offences may be committed , is punishable as a criminal offence when committed intentionally .


### member states shall take the necessary measures to ensure that providing or collecting funds , by any means , directly or indirectly , with the intent that they should be used , or knowing that they are to be used , in full or in part , to commit any of the offence referred to in articles 3 to 10 and 12 to 14 or 16 is punishable as a criminal offence when committed intentionally . ### member states shall take the necessary measures to ensure that providing or collecting funds , by any means , directly or indirectly , with the intent that they should be used , or knowing that they are to be used , in full or in part , to commit any of the offence referred to in articles 3 to 8 , with the exception of article 3 , and 12 to 14 is punishable as a criminal offence when committed intentionally , and where this manifestly causes a clear and imminent danger that one or more such offences may be committed .


### member states shall take the necessary measures to ensure that aggravated theft with a view to committing one of the offences listed in article 3 is punishable as a criminal offence when committed intentionally . ### member states shall take the necessary measures to ensure that aggravated theft with a view to committing one of the offences listed in article 3 , with the exception of article 3 , is punishable as a criminal offence when committed intentionally , where the act manifestly causes a clear and imminent danger that one or more such offences may be committed .


### member states shall take the necessary measures to ensure that extortion with a view to committing one of the offences listed in article 3 is punishable as a criminal offence when committed intentionally . ### member states shall take the necessary measures to ensure that extortion with a view to committing one of the offences listed in article 3 , with the exception of article 3 , is punishable as a criminal offence when committed intentionally , where the act manifestly causes a clear and imminent danger that one or more such offences may be committed .


### member states shall take the necessary measures to ensure that drawing up false administrative documents with a view to committing one of the offences listed in points to of article 3 and point of article 4 is punishable as a criminal offence when committed intentionally . ### member states shall take the necessary measures to ensure that drawing up false administrative documents with a view to committing one of the offences listed in points to of article 3 and point of article 4 is punishable as a criminal offence when committed intentionally , where the act manifestly causes a clear and imminent danger that one or more such offences may be committed .


### for an offence referred to in article 4 and title iii to be punishable , it shall not be necessary that a terrorist offence be actually committed , nor shall it be necessary to establish a link to a specific terrorist offence or , insofar as the offences in articles 9 to 11 are concerned , to specific offences related to terrorist activities . ### for an offence referred to in article 4 to be punishable , it shall not be necessary that a terrorist offence be actually committed .


### member states shall ensure that specific services to assist and support victims of terrorism are in place . such services shall have the capacity and organisational structure necessary to provide assistance and support to these victims immediately after an attack and as long as necessary thereafter , in accordance with the specific needs of each victim . the services shall be confidential , free of charge and easily accessible to all victims of terrorism . they shall include in particular : ### member states shall ensure that specific services to assist and support victims of terrorism are in place . such services shall have the capacity and organisational structure necessary to provide assistance and support to these victims immediately after an attack and as long as necessary thereafter , in accordance with the specific needs of each victim . all assistance to the victims of terrorism should be provided in the best interest of the victims and under the principle of ' do no harm ' . the services shall be confidential , free of charge and easily accessible to all victims of terrorism . they shall include in particular :


### in order to examine the performance of the programmes , the member state should set up monitoring committees . for the erdf , the esf + and the cohesion fund , annual implementation reports should be replaced by an annual structured policy dialogue based on the latest information and data on programme implementation made available by the member state . ### in order to examine the performance of the programmes , the member state should , in a transparent manner , set up monitoring committees . for the erdf , the esf + and the cohesion fund , annual implementation reports should be replaced by an annual structured policy dialogue based on the latest information and data on programme implementation made available by the member state .


### to enable immediate implementation of flat - rates , any flat rate established by member states in the 2014 - 2020 period based on a fair , equitable and verifiable calculation method should continue to be applied for similar operations supported under this regulation without requiring a new calculation method . ### to enable immediate implementation of flat - rates , any flat rate established by member states in the 2014 - 2020 period based on a fair , equitable and verifiable calculation method should continue to be applied for similar operations supported under this regulation without requiring a new calculation method , albeit with due allowance made for inflation .


### it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . ### it is of particular importance that the commission carry out transparent and appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts .


### support through the esf + should be used to promote equal access for all , in particular for disadvantaged groups , to quality , non - segregated and inclusive education and training , from early childhood education and care through general and vocational education and training and to tertiary level , as well as adult education and learning , thereby fostering permeability between education and training sectors , preventing early school leaving , improving health literacy , reinforcing links with non - formal and informal learning and facilitating learning mobility for all . synergies with the erasmus programme , notably to facilitate the participation of disadvantaged learners in learning mobility , should be supported within this context . ### support through the esf + should be used to promote equal and affordable access for all , in particular for disadvantaged groups , to quality , non - segregated and inclusive education and training , from early childhood education and care through general and vocational education and training and to tertiary level , as well as adult education and learning , thereby fostering permeability between education and training sectors , preventing early school leaving , improving health literacy , reinforcing links with non - formal and informal learning and facilitating learning mobility for all . synergies with the erasmus programme , notably to facilitate the participation of disadvantaged learners in learning mobility , should be supported within this context .


### the esf + should promote flexible upskilling and reskilling opportunities for all , notably digital skills and key enabling technologies , with a view to providing people with skills adjusted to digitalisation , technological change , innovation and social and economic change , facilitating career transitions , mobility and supporting in particular low - skilled and / or poorly qualified adults , in line with the skills agenda for europe . ### the esf + should promote affordable , flexible upskilling and reskilling opportunities for all , notably digital skills and key enabling technologies , with a view to providing people with skills adjusted to digitalisation , technological change , innovation and social and economic change , facilitating career transitions , mobility and supporting in particular low - skilled and / or poorly qualified adults , in line with the skills agenda for europe .


### the esf + should support member states’ efforts to tackle poverty with a view to breaking the cycle of disadvantage across generations and promote social inclusion by ensuring equal opportunities for all , tackling discrimination and addressing health inequalities . this implies mobilising a range of policies targeting the most disadvantaged people regardless of their age , including children , marginalised communities such as the roma , and the working poor . the esf + should promote the active inclusion of people far from the labour market with a view to ensuring their socio - economic integration . the esf + should be also used to enhance timely and equal access to affordable , sustainable and high quality services such as healthcare and long - term care , in particular family and community - based care services . the esf + should contribute to the modernisation of social protection systems with a view in particular to promoting their accessibility . ### the esf + should support member states’ efforts to tackle poverty with a view to breaking the cycle of disadvantage across generations and promote social inclusion by ensuring equal opportunities for all , tackling discrimination and addressing health inequalities . this implies mobilising a range of policies targeting the most disadvantaged people regardless of their age , including children , marginalised communities such as the roma , and the working poor . the esf + should promote the active inclusion of people far from the labour market with a view to ensuring their socio - economic integration . the esf + should be also used to enhance timely and equal access to affordable - for - all , sustainable and high quality services such as healthcare and long - term care , in particular family and community - based care services . the esf + should contribute to the modernisation of social protection systems with a view in particular to promoting their accessibility .


### the esf + should contribute to the reduction of poverty by supporting national schemes aiming to alleviate food and material deprivation and promote social integration of people at risk of poverty or social exclusion and the most deprived . with a view that at union level at least 4% of the resources of the esf + strand under shared management supports the most deprived , member states should allocate at least 2% of their national resources of the esf + strand under shared management to address the forms of extreme poverty with the greatest social exclusion impact , such as homelessness , child poverty and food deprivation . due to the nature of the operations and the type of end recipients , it is necessary that simpler rules apply to support which addresses material deprivation of the most deprived . ### the esf + should contribute to the reduction of poverty by supporting national schemes aiming to alleviate food , shelter and material deprivation and promote social integration of people at risk of poverty or social exclusion and the most deprived . with a view that at union level at least 4% of the resources of the esf + strand under shared management supports the most deprived , member states should allocate at least 2% of their national resources of the esf + strand under shared management to address the forms of extreme poverty with the greatest social exclusion impact , such as homelessness , child poverty and food deprivation . due to the nature of the operations and the type of end recipients , it is necessary that simpler rules apply to support which addresses material deprivation of the most deprived .


### in light of the persistent need to enhance efforts to address the management of the migration flows in the union as a whole and in order to ensure a coherent , strong and consistent support to the solidarity and responsibility - sharing efforts , the esf + should provide support to promote the socio - economic integration of third country nationals complementary to the actions financed under the asylum and migration fund . ### in light of the persistent need to enhance efforts to address the management of the migration flows in the union as a whole and in order to ensure a coherent , strong and consistent support to the solidarity and responsibility - sharing efforts , the esf + should provide support to promote the socio - economic integration of third - country nationals complementary to the actions financed under the asylum and migration fund .


### the esf + should support policy and system reforms in the fields of employment , social inclusion , healthcare and long - term care , and education and training . in order to strengthen alignment with the european semester , member states should allocate an appropriate amount of their resources of the esf + strand under shared management to implement relevant country - specific recommendations relating to structural challenges which it is appropriate to address through multiannual investments falling within the scope of the esf + . the commission and the member states should ensure coherence , coordination and complementarity between the shared - management and health strands of esf + and the reform support programme , including the reform delivery tool and the technical support instrument . in particular , the commission and the member state should ensure , in all stages of the process , effective coordination in order to safeguard the consistency , coherence , complementarity and synergy among sources of funding , including technical assistance thereof . ### the esf + should support policy and system reforms in the fields of employment , social inclusion , healthcare and long - term care , and education and training , so long as those policy reforms do not include privatization of existing public services such as water , energy , health etc . the commission and the member state should ensure , in all stages of the process , effective coordination in order to safeguard the consistency , coherence , complementarity and synergy among sources of funding , including technical assistance thereof .


### social investment market players , including philanthropic actors , can play a key role in achieving several esf + objectives , as they offer financing as well as innovative and complementary approaches to combatting social exclusion and poverty , reducing unemployment and contributing to the un sustainable development goals . therefore , philanthropic actors such as foundations and donors should be involved , as appropriate , in esf + actions in particular in those aimed at developing the social investment market ecosystem . ### social investment market players , including philanthropic actors , can play a key role in achieving several esf + objectives , as they offer financing as well as innovative and complementary approaches to combatting social exclusion and poverty , reducing unemployment and contributing to the un sustainable development goals . therefore , philanthropic actors such as foundations and donors should be involved , as appropriate and so long as those foundations and donors do not have a political or social agenda in conflict with union ideals , in esf + actions in particular in those aimed at developing the social investment market ecosystem .


### third countries which are members of the european economic area may participate in union programmes in the framework of the cooperation established under the eea agreement , which provides for the implementation of the programmes by a decision under that agreement . a specific provision should be introduced in this regulation to grant the necessary rights for and access to the authorising officer responsible , the european anti - fraud office as well as the european court of auditors to comprehensively exert their respective competences . ### subject to complying with all the relevant rules and regulations , third countries which are members of the european economic area may participate in union programmes in the framework of the cooperation established under the eea agreement , which provides for the implementation of the programmes by a decision under that agreement . a specific provision should be introduced in this regulation to grant the necessary rights for and access to the authorising officer responsible , the european anti - fraud office as well as the european court of auditors to comprehensively exert their respective competences .


### proposal for a regulation of the european parliament and of the council establishing the rights and values programme ### proposal for a regulation of the european parliament and of the council establishing the equality , rights and rule of law programme


### those rights and values must continue to be promoted and enforced and shared among the citizens and peoples and be at the heart of the eu project . therefore , a new justice , rights and values fund , comprising the rights and values and the justice programmes shall be created in the eu budget . at a time where european societies are confronted with extremism , radicalism and divisions , it is more important than ever to promote , strengthen and defend justice , rights and eu values : human rights , respect for human dignity , freedom , democracy , equality , the rule of law . this will have profound and direct implications for political , social , cultural and economic life in the eu . as part of the new fund , the justice programme will continue to support the further development of union area of justice and cross - border cooperation . the rights and values programme will bring together the 2014 - 2020 programme rights , equality and citizenship established by regulation no 1381 / 2013 of the european parliament and of the council8 and the europe for citizens programme established by council regulation no 390 / 20149 , . __________________ 8 regulation no 1381 / 2013 of the european parliament and of the council of 17 december 2013 establishing a rights , equality and citizenship programme for the period 2014 to 2020 9 council regulation no 390 / 2014 of 14 april 2014 establishing the ‘ europe for citizens’ programme for the period 2014 - 2020 ### those rights and values must continue to be promoted and enforced and shared among the citizens and peoples and be at the heart of the eu project . therefore , a new justice , rights and values fund , comprising the rights and values and the justice programmes shall be created in the eu budget . at a time where european societies are confronted with extremism , radicalism and divisions , it is more important than ever to promote , strengthen and defend justice , rights , human rights , respect for human dignity , freedom , democracy , equality , the rule of law . this will have profound and direct implications for political , social , cultural and economic life in the eu . as part of the new fund , the justice programme will continue to support the further development of union area of justice and cross - border cooperation . the equality , rights and rule of law programme will bring together the 2014 - 2020 programme rights , equality and citizenship established by regulation no 1381 / 2013 of the european parliament and of the council8 and the europe for citizens programme established by council regulation no 390 / 20149 , . __________________ 8 regulation no 1381 / 2013 of the european parliament and of the council of 17 december 2013 establishing a rights , equality and citizenship programme for the period 2014 to 2020 9 council regulation no 390 / 2014 of 14 april 2014 establishing the ‘ europe for citizens’ programme for the period 2014 - 2020


### remembrance activities and critical reflection on europe’s historical memory are necessary to make citizens aware of the common history , as the foundation for a common future , moral purpose and shared values . the relevance of historical , cultural and intercultural aspects should also be taken into account , as well as the links between remembrance and the creation of a european identity and sense of belonging together . ### remembrance activities and critical and creative thinking on europe’s historical memory are necessary to make citizens , in particular young people , aware of their common history , as the foundation for a common future . the relevance of historical , social , cultural and intercultural aspects , tolerance and dialogue should also be taken into account in order to promote a common ground based on shared values , solidarity , diversity and peace , as well as the links between remembrance and the creation of a european identity and sense of belonging together .


### gender - based violence and violence against children and young people constitute a serious violation of fundamental rights . violence persists throughout the union , in all social and economic contexts , and has serious repercussions on victims’ physical and psychological health and on society as a whole . children , young people and women are particularly vulnerable to violence , in particular in close relationships . action should be taken to promote the rights of the child and to contribute to the protection of children from harm and violence , which pose a danger to their physical and mental health and constitute a breach of their rights to development , protection and dignity . combating all forms of violence , promoting prevention and protecting and supporting victims are priorities of the union which help fulfil individuals’ fundamental rights and contribute to equality between women and men . those priorities should be supported by the programme . ### gender - based violence and violence against children and young people constitute a serious violation of fundamental rights . violence persists throughout the union , in all social and economic contexts , and has serious repercussions on victims’ physical and psychological health and on society as a whole . children , young people and women are particularly vulnerable to violence , in particular in close relationships . as laid down in the council of europe convention on preventing and combating violence against women and domestic violence , action should be taken to promote the rights of the child and to contribute to the protection of children from harm and violence , which pose a danger to their physical and mental health and constitute a breach of their rights to development , protection and dignity . combating all forms of violence , promoting prevention and protecting and supporting victims are priorities of the union which help fulfil individuals’ fundamental rights and contribute to equality between women and men . those priorities should be supported by the programme .


### strong political will and coordinated action based on the methods and results of the previous daphne programmes , the rights , equality and citizenship programme and the justice programme are necessary in order to prevent and combat all forms of violence and to protect victims . in particular , since its launch in 1997 , the daphne funding to support victims of violence and combat the violence against women , children and young people has been a genuine success , both in terms of its popularity with stakeholders and in terms of the effectiveness of the funded projects . it has funded projects to raise awareness , to provide support services to victims , to support the activities of non - governmental organisations working on the ground . it has addressed all forms of violence , such as for instance domestic violence , sexual violence , trafficking in human beings , as well as new emerging forms of violence such as cyber - bullying . it is therefore important to continue all these actions and that those results and lessons learned are taken into due consideration in the implementation of the programme . ### strong political will and coordinated action based on the methods and results of the previous daphne programmes , the rights , equality and citizenship programme and the justice programme are necessary in order to prevent and combat all forms of violence and to protect victims . in particular , since its launch in 1997 , the daphne funding to support victims of violence and combat the violence against women , children and young people has been a genuine success , both in terms of its popularity with stakeholders and in terms of the effectiveness of the funded projects . it has funded projects to raise awareness , to provide support services to victims , to support the activities of non - governmental organisations working on the ground . it has addressed all forms of violence , such as for instance domestic violence , sexual violence , gender based violence , violence against lgbtq persons , trafficking in human beings , as well as new emerging forms of violence such as cyber - bullying . it is therefore important to continue all these actions and that those results and lessons learned are taken into due consideration in the implementation of the programme .


### non - discrimination is a fundamental principle of the union . article 19 of the treaty on the functioning of the european union provides for action to combat discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . non - discrimination is also enshrined in article 21 of the charter . the specific features of the diverse forms of discrimination should be taken into account and appropriate action should be developed in parallel to prevent and combat discrimination on one or more grounds . the programme should support actions to prevent and combat discrimination , racism , xenophobia , anti - semitism , anti - muslim hatred and other forms of intolerance . in that context , particular attention should also be devoted to preventing and combating all forms of violence , hatred , segregation and stigmatisation , as well as combating bullying , harassment and intolerant treatment . the programme should be implemented in a mutually reinforcing manner with other union activities that have the same objectives , in particular with those referred to in the commission communication of 5 april 2011 entitled ‘ an eu framework for national roma integration strategies up to 202010’ and in the council recommendation of 09 december 2013 on effective roma integration measures in the member states11 . __________________ 10 com173 . 11 oj c 378 , 24 . 12 . 2013 , p . 1 . ### non - discrimination is a fundamental principle of the union . article 19 of the treaty on the functioning of the european union provides for action to combat discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . non - discrimination is also enshrined in article 21 of the charter . the specific features of the diverse forms of discrimination , including direct , indirect and structural discrimination , should be taken into account and appropriate action should be developed in parallel to prevent and combat discrimination on one or more grounds . the effect of multiple but mutually reinforcing forms of discrimination and oppression needs to be taken into account . the programme should support actions to prevent and combat discrimination , racism , xenophobia , anti - semitism , anti - ziganism , anti - muslim hatred , homophobia and other forms of intolerance against persons belonging to minorities . in that context , particular attention should also be devoted to preventing and combating all forms of violence , hatred , segregation and stigmatisation , as well as combating bullying , harassment and intolerant treatment . the programme should be implemented in a mutually reinforcing manner with other union activities that have the same objectives , in particular with those referred to in the commission communication of 5 april 2011 entitled ‘ an eu framework for national roma integration strategies up to 202010’ and in the council recommendation of 09 december 2013 on effective roma integration measures in the member states11 . __________________ 10 com173 . 11 oj c 378 , 24 . 12 . 2013 , p . 1 .


### attitudinal and environmental barriers as well as lack of accessibility hinder the full and effective participation of people with disabilities in society , on an equal basis with others . people with disabilities are faced with barriers to , among other things , access the labour market , benefit from an inclusive and quality education , avoid poverty and social exclusion , enjoy access to cultural initiatives and media , or use their political rights . as a party to the united nations convention on the rights of persons with disabilities , the union and all its member states have committed to promote , protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities . the provisions of the uncrpd have become an integral part of the union legal order . ### attitudinal and environmental barriers as well as lack of accessibility hinder the full and effective participation of persons with disabilities in society , on an equal basis with others . persons with disabilities are faced with barriers when it comes to , among other things , accessing the labour market , benefitting from an inclusive and quality education , avoiding poverty and social exclusion , enjoying access to culture , cultural initiatives and media , and using their political rights . asa party to the united nations convention on the rights of persons with disabilities , the union and all its member states have committed to promote , protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities . the provisions of the uncrpd have become an integral part of the union legal order .


### this regulation establishes the rights and values programme . ### this regulation establishes the equality , rights and rule of law programme .


### any legal entity created under union law or any international organisation ; ### any non - profit legal entity created under union law or any international organisation ;


### the performance reporting system shall ensure that data for monitoring programme implementation and results are collected efficiently , effectively , and in a timely manner . to that end , proportionate reporting requirements shall be imposed on recipients of union funds and member states . ### the performance reporting system shall ensure that data for monitoring programme implementation and results , are conceived and collected efficiently , effectively , and in a timely manner , that the allocation of funds for specific projects is reflected accurately and that the synergies created between funding programmes are properly evidenced . participation of the entities involved in the programme shall be ensured to that end . proportionate reporting and least burdensome requirements shall be imposed on recipients of union funds and member states .


### the performance reporting system shall ensure that data for monitoring programme implementation and results are collected efficiently , effectively , and in a timely manner . to that end , proportionate reporting requirements shall be imposed on recipients of union funds and member states . ### the performance reporting system shall ensure that data for monitoring programme implementation and results are collected efficiently , effectively , and in a timely manner . to that end , proportionate and least burdensome reporting requirements shall be imposed on recipients of union funds and member states . in order to facilitate reporting requirements being met , the commission shall make available user - friendly formats and provide orientation and support programmes particularly targeted to social partners and organisations , who may not always have the know - how and adequate resources and staff to meet reporting requirements .


### the commission shall communicate the conclusions of the evaluations accompanied by its observations , to the european parliament , the council , the european economic and social committee and the committee of the regions . ### the commission shall communicate the conclusions of the evaluations accompanied by its observations , to the european parliament , the council , the european economic and social committee and the committee of the regions . the commission shall make the evaluation public and easy accessible by publishing it on its website .


### as soon as it adopts a delegated act , the commission shall notify it simultaneously to the european parliament and to the council . ### as soon as it adopts a delegated act , the commission shall notify it simultaneously to the european parliament and to the council . based on the interinstitutional agreement of 13 april 2016 on better law - making , citizens and other stakeholders may express their opinion on the draft text of a delegated act during a four - week period . the european economic and social committee and the committee of regions shall be consulted on the draft text with respect to the implementation of the programme .


### in order to bring the european union closer to its citizens , a variety of actions and coordinated efforts are necessary . bringing together citizens in town - twinning projects or networks of towns and supporting civil society organisations in the areas covered by the programme will contribute to increase citizens ' engagement in society and ultimately their involvement in the democratic life of the union . at the same time supporting activities promoting mutual understanding , diversity , dialogue and respect for others fosters a sense of belonging and a european identity , based on a shared understanding of european values , culture , history and heritage . the promotion of a greater sense of belonging to the union and of union values is particularly important amongst citizens of the eu outermost regions due to their remoteness and distance from continental europe . ### in order to bring the european union closer to its citizens , a variety of actions and coordinated efforts are necessary . bringing together citizens in town - twinning projects or networks of towns and supporting civil society organisations in the areas covered by the programme will contribute to increase citizens ' engagement in society and ultimately their involvement in the democratic life of the union . at the same time supporting activities promoting mutual understanding , diversity , dialogue , social inclusion and respect for others fosters a sense of belonging and a european identity , based on a shared understanding of european values , culture , history and heritage . the promotion of a greater sense of belonging to the union and of union values is particularly important amongst citizens of the eu outermost regions due to their remoteness and distance from continental europe .


### remembrance activities and critical reflection on europe’s historical memory are necessary to make citizens aware of the common history , as the foundation for a common future , moral purpose and shared values . the relevance of historical , cultural and intercultural aspects should also be taken into account , as well as the links between remembrance and the creation of a european identity and sense of belonging together . ### remembrance activities and critical reflection on europe’s historical memory are necessary to make citizens aware of the common history and core values , as the foundation for a common future , moral purpose and shared values . the relevance of historical , cultural and intercultural aspects should also be taken into account , as well as the links between remembrance and the creation of a european identity based on diversity , solidarity and sense of belonging together .


### promoting exchange and cooperation between citizens of different countries ; to promote citizens’ civic and democratic participation allowing citizens and representative associations to make known and publicly exchange their views in all areas of union action ; ### promoting exchange and cooperation between citizens of different countries ; to promote citizens’ civic and democratic participation allowing citizens and representative associations to make known and publicly exchange their views in all areas of union action , so as to increase the understanding of a pluralistic and participatory democracy , the rule of law and fundamental rights and values ;


### supporting and protecting victims of such violence . ### supporting and protecting victims of violence , including by facilitating and ensuring access to justice , access to victim support services and access to safe police reporting for all victims of violence .


### the programme may provide funding in any of the forms laid down in the financial regulation . ### the programme may provide funding , through action grants and multiannual operating grants , in any of the forms laid down in the financial regulation , including the use of lump sums , unit costs , flat rates and cascading grants .


### the structural reform support programme was established with the objective of strengthening the capacity of member states to prepare and implement growth - sustaining administrative and structural reforms , including through assistance for the efficient and effective use of the union funds . support under the programme is provided by the commission , upon request by a member state , and can cover a wide range of policy areas . developing resilient economies built on strong economic and social structures , which allow member states to efficiently absorb shocks and swiftly recover from them , contributes to economic and social cohesion . the implementation of institutional , administrative and growth - sustaining structural reforms is an appropriate tool for achieving such a development . ### the structural reform support programme was established with the objective of strengthening the capacity of member states to prepare and implement administrative and structural reforms and promote economic coordination , which unfortunately could not prevent recession and economic stagnation in the member states or safeguard those in the lowest income brackets .


### furthermore , organic production is a system that contributes to the integration of environmental protection requirements into the cap , and promotes sustainable agricultural production . that is why , measures financially supporting organic production have been introduced under the cap , most recently under regulation no 1307 / 2013 of the european parliament and of the council14 , and in particular strengthened in the recent reform of the legal framework for rural development policy as established by regulation no 1305 / 2013 of the european parliament and of the council15 . __________________ 14 regulation no 1307 / 2013 of the european parliament and of the council of 17 december 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing council regulation no 637 / 2008 and council regulation no 73 / 2009 . 15 regulation no 1305 / 2013 of the european parliament and of the council of 17 december 2013 on support for rural development by the european agricultural fund for rural development and repealing council regulation no 1698 / 2005 . ### furthermore , organic production is a system that contributes to the integration of environmental protection requirements into the cap , and promotes sustainable agricultural production and species appropriate husbandry . that is why , measures financially supporting organic production have been introduced under the cap , most recently under regulation no 1307 / 2013 of the european parliament and of the council14 , and in particular strengthened in the recent reform of the legal framework for rural development policy as established by regulation no 1305 / 2013 of the european parliament and of the council15 . __________________ 14 regulation no 1307 / 2013 of the european parliament and of the council of 17 december 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing council regulation no 637 / 2008 and council regulation no 73 / 2009 . 15 regulation no 1305 / 2013 of the european parliament and of the council of 17 december 2013 on support for rural development by the european agricultural fund for rural development and repealing council regulation no 1698 / 2005 .


### the choice of breeds shall be appropriate and shall contribute to the prevention of any suffering and to avoiding the need for the mutilation of animals . ### the choice of breeds shall be appropriate to ensure a high standard of animal welfare and shall contribute to the prevention of any suffering and to avoiding the need for the mutilation of animals , such as dehorning , disbudding and castration .


### rearing systems for bovine , ovine and caprine animals shall be based on maximum use of grazing pasturage according to the availability of pastures in the different periods of the year . at least 60 % of the dry matter in daily rations of bovine , ovine and caprine animals shall consist of roughage , fresh or dried fodder , or silage . a reduction to 50 % for animals in dairy production for a maximum period of three months in early lactation shall be allowed ; ### rearing systems for bovine , ovine and caprine animals shall be based on maximum use of grazing pasturage according to the availability of pastures in the different periods of the year . breeds shall be chosen based on their local adaptability to grazing conditions and their suitability with regard to other diet provisions , including requirements for roughage , fresh or dried fodder , or silage . where higher percentages of roughage are not possible , the following minimum rules shall apply whilst respecting the nutrition , health and welfare requirements of the breeds : at least 60 % of the dry matter in daily rations of bovine , ovine and caprine animals shall consist of roughage , fresh or dried fodder , or silage . a reduction to 50 % for animals in dairy production for a maximum period of three months in early lactation shall be allowed ;


### live plucking of poultry shall be prohibited . ### live plucking of poultry shall be prohibited . the mutilation of poultry , including castration and break trimming , shall be prohibited . surgical procedures shall only be allowed in rare instances , on a case - by - case / individual basis and only for valid animal welfare considerations / reasons . when such instances occur , pain and suffering must be prevented by means of adequate anaesthesia and prolonged analgesia . the procedures shall be carried out only at the most appropriate age by a veterinary surgeon . wherever practicable , non - surgical alternatives , including the use of appropriate breeds and keeping practices shall be applied to address specific concerns associated with raising uncastrated males .


### the use of network and information systems by citizens , businesses and governments across the union is now pervasive . digitisation and connectivity are becoming core features in an ever growing number of products and services and with the advent of the internet of things millions , if not billions , of connected digital devices are expected to be deployed across the eu during the next decade . while an increasing number of devices are connected to the internet , security and resilience are not sufficiently built in by design , leading to insufficient cybersecurity . in this context , the limited use of certification leads to insufficient information for organisational and individual users about the cybersecurity features of ict products and services , undermining trust in digital solutions . ### the use of network and information systems by citizens , businesses and governments across the union is now pervasive . digitisation and connectivity are becoming core features in an ever growing number of products and services and with the advent of the internet of things millions , if not billions , of connected digital devices are expected to be deployed across the eu during the next decade . while an increasing number of devices are connected to the internet , security and resilience are not sufficiently built in by design , leading to insufficient it security . in this context , the limited and fragmented use of certification leads to insufficient information for organisations and individual users about the it security features of ict products and services , undermining trust in digital solutions . ict networks provide the backbone for digital products and services which have the potential to support all aspects of citizens’ lives and drive europe’s economic growth . to ensure that the objectives of the digital single market are fully achieved , the essential technological building blocks on which important areas such as e - health , iot , artificial intelligence , quantum technology as well as intelligent transport systems and advanced manufacturing rely , must be in place .


### the agency should develop and maintain a high level of expertise and operate as a point of reference establishing trust and confidence in the single market by virtue of its independence , the quality of the advice it delivers and the information it disseminates , the transparency of its procedures and methods of operation , and its diligence in carrying out its tasks . the agency should proactively contribute to national and union efforts while carrying out its tasks in full cooperation with the union institutions , bodies , offices and agencies and the member states . in addition , the agency should build on input from and cooperation with the private sector as well as other relevant stakeholders . a set of tasks should establish how the agency is to accomplish its objectives while allowing flexibility in its operations . ### the agency should develop and maintain a high level of expertise and operate as a point of reference establishing trust and confidence in the single market by virtue of its independence , the quality of the advice it delivers and the information it disseminates , the transparency of its procedures and methods of operation , and its diligence in carrying out its tasks . the agency should proactively contribute to national and union efforts while carrying out its tasks in full cooperation with the union institutions , bodies , offices and agencies and the member states . in addition , the agency should build on input from and cooperation with the private and public sectors as well as other relevant stakeholders . a set of tasks should establish how the agency is to accomplish its objectives while allowing flexibility in its operations .


### the agency should aggregate and analyse national reports from csirts and cert - eu , setting up common rules , language and terminology for exchange of information . the agency should also involve the private sector , within the framework of the nis directive which laid down the grounds for voluntary technical information exchange at the operational level with the creation of the csirts network . ### the agency should aggregate and analyse national reports from csirts and cert - eu , setting up common rules , language and terminology for exchange of information . the agency should also involve the private and public sectors , within the framework of the nis directive which laid down the grounds for voluntary technical information exchange at the operational level with the creation of the csirts network .


### the agency should contribute towards raising the awareness of the public about risks related to cybersecurity and provide guidance on good practices for individual users aimed at citizens and organisations . the agency should also contribute to promote best practices and solutions at the level of individuals and organisations by collecting and analysing publicly available information regarding significant incidents , and by compiling reports with a view to providing guidance to businesses and citizens and improving the overall level of preparedness and resilience . the agency should furthermore organise , in cooperation with the member states and the union institutions , bodies , offices and agencies regular outreach and public education campaigns directed to end - users , aiming at promoting safer individual online behaviour and raising awareness of potential threats in cyberspace , including cybercrimes such as phishing attacks , botnets , financial and banking fraud , as well as promoting basic authentication and data protection advice . the agency should play a central role in accelerating end - user awareness on security of devices . ### the agency should actively contribute towards raising the awareness of the public about risks , threats and vulnerabilities related to cybersecurity and provide guidance on good practices for individual users aimed at citizens and organisations . the agency should also contribute to promote best practices and solutions at the level of individuals and organisations by collecting and analysing publicly available information regarding significant incidents , and by compiling reports with a view to providing guidance to businesses and citizens and improving the overall level of preparedness and resilience . the agency should furthermore organise , in cooperation with the member states and the union institutions , bodies , offices and agencies regular outreach and public education campaigns , starting at school level , directed to end - users , aiming at promoting safer individual online behaviour and raising awareness of potential threats in cyberspace , including cybercrimes such as phishing attacks , botnets , financial and banking fraud , as well as promoting basic authentication and data protection advice . the agency should play a central role in accelerating end - user awareness on security of devices .


### the agency should have a permanent stakeholders’ group as an advisory body , to ensure regular dialogue with the private sector , consumers’ organisations and other relevant stakeholders . the permanent stakeholders’ group , set up by the management board on a proposal by the executive director , should focus on issues relevant to stakeholders and bring them to the attention of the agency . the composition of the permanent stakeholders group and the tasks assigned to this group , to be consulted in particular regarding the draft work programme , should ensure sufficient representation of stakeholders in the work of the agency . ### the agency should have a permanent stakeholders’ group as an advisory body , to ensure regular dialogue with the public and private sector , consumers’ organisations and other relevant stakeholders . the permanent stakeholders’ group , set up by the management board on a proposal by the executive director , should focus on issues relevant to stakeholders and bring them to the attention of the agency . the composition of the permanent stakeholders group and the tasks assigned to this group , to be consulted in particular regarding the draft work programme , should ensure sufficient representation of stakeholders in the work of the agency .


### facilitate the establishment and take - up of european and international standards for risk management and for the security of ict products and services , as well as draw up , in collaboration with member states , advice and guidelines regarding the technical areas related to the security requirements for operators of essential services and digital service providers , as well as regarding already existing standards , including member states ' national standards , pursuant to article 19 of directive 2016 / 1148 ; ### facilitate the establishment and take - up of european and international standards for risk management and for the security of ict products and services , as well as draw up , in collaboration with member states , industry , smes , research and academic stakeholders and consumer protection organisations , advice and guidelines regarding the technical areas related to the security requirements for operators of essential services and digital service providers , as well as regarding already existing standards , including member states ' national standards , pursuant to article 19 of directive 2016 / 1148 ;


### provide , in cooperation with experts from member states authorities , advice , guidance and best practices for the security of network and information systems , in particular for the security of the internet infrastructure and those infrastructures supporting the sectors listed in annex ii of directive 2016 / 1148 ; ### provide , in cooperation with experts from member states authorities , industry , smes , relevant research and academic stakeholders , and consumer protection organisations , advice , guidance and best practices for the security of network and information systems , in particular for the security of the internet infrastructure and those infrastructures supporting the sectors listed in annex ii of directive 2016 / 1148 ;


### raise awareness of the public about cybersecurity risks , and provide guidance on good practices for individual users aimed at citizens and organisations ; ### develop strategic and wide spread campaigns with the aim to raise awareness of the public about cybersecurity risks and vulnerabilities , and provide guidance and training on good practices for individual users aimed at citizens and organisations ;


### advise the union and the member states on research needs and priorities in the area of cybersecurity , with a view to enabling effective responses to current and emerging risks and threats , including with respect to new and emerging information and communications technologies , and to using risk - prevention technologies effectively ; ### advise the union and the member states on research needs and priorities in the area of cybersecurity , with a view to enabling effective responses to current and emerging risks , threats and vulnerabilities , including with respect to new and emerging information and communications technologies , and to using the most advanced risk - prevention technologies effectively without putting at risks citizens ' privacy and liberty rights ;


### the management board , acting on a proposal by the executive director , shall set up a permanent stakeholders ' group composed of recognised experts representing the relevant stakeholders , such as the ict industry , providers of electronic communications networks or services available to the public , consumer groups , academic experts in the cybersecurity , and representatives of competent authorities notified under [ directive establishing the european electronic communications code ] as well as of law enforcement and data protection supervisory authorities . ### the management board , acting on a proposal by the executive director , shall set up a permanent stakeholders ' group composed of recognised experts representing the relevant stakeholders , such as the ict industry , smes , providers of electronic communications networks or services available to the public , consumer protection groups , academic and academic experts in the cybersecurity and data protection , and representatives of competent authorities notified under [ directive establishing the european electronic communications code ] as well as of law enforcement and data protection supervisory authorities .


### cooperate with other national certification supervisory authorities or other public authorities , including by sharing information on possible non - compliance of ict products and services with the requirements of this regulation or specific european cybersecurity certification schemes ; ### cooperate with other national certification supervisory authorities or other public authorities , such as national data protection supervisory authorities , including by sharing information on possible non - compliance of ict products and services with the requirements of this regulation or specific european it security certification schemes ;


### give the general orientations for the agency ' s activities and adopt each year the agency ' s programming document by a majority of two - thirds of the members entitled to vote and in accordance with article 6 ; ### give the general orientations for the agency ' s activities and adopt each year the agency ' s programming document by a&#160 ; full majority&#160 ; of the members entitled to vote and in accordance with article 6 ;


### adopt and regularly update the communication and dissemination plans based on an analysis of needs ; ### adopt and regularly update the communication and dissemination plans , as part of the agency’s programming document , based on an analysis of needs ;


### the management board shall elect a chairperson and three deputy chairpersons as follows &#8211 ; one from amongst the members representing member states , one from amongst the members representing employers ' organisations , one from amongst the members representing employees ' organisations and one from amongst the members representing the commission . the chairperson and the deputy chairpersons shall be elected by a majority of two - thirds of members of the management board with voting rights . ### the management board shall elect a chairperson and four deputy chairpersons as follows &#8211 ; one from amongst the members representing member states , one from amongst the members representing employers ' organisations , one from amongst the members representing employees ' organisations and one from amongst the members representing the commission , and one alternating from amongst the representatives appointed by the empl committee on behalf of the parliament . the chairperson and the deputy chairpersons shall be elected by a full majority of members of the management board with voting rights .


### the agency may establish local offices in one or more member states , subject to their consent and in accordance with article 11 . ### the agency may establish a liaison office in brussels in accordance with article 11 .


### no later than 5 years after the date referred to in article 37 , and every 5 years thereafter , the commission shall perform an evaluation in compliance with the commission guidelines to assess the agency ' s performance in relation to its objectives , mandate and tasks . the evaluation shall , in particular , address the possible need to modify the mandate of the agency , and the financial implications of any such modification . ### no later than 5 years after the date referred to in article 37 , and every 5 years thereafter , the commission shall perform an evaluation in compliance with the commission guidelines to assess the agency ' s performance in relation to its objectives , mandate and tasks . the european parliament and the management board shall be consulted in the evaluation . the evaluation shall , in particular , address the possible need to modify the mandate of the agency , and the financial implications of any such modification . if new tasks are allocated to the agency , or if the workload linked to existing tasks increases , related additional financial and human resources shall be secured to the agency .


### the management board shall adopt a strategy for relations with third countries or international organisations concerning matters for which the agency is competent . ### the management board shall adopt a strategy for relations with third countries or international organisations concerning matters for which the agency is competent as part of the agency’s programming document .


### the international community faces an unprecedented refugee crisis which requires solidarity , efficient mobilisation of financial resources and the need to confront and surmount the existing challenges in a concerted manner . all actors need to work together to apply sustained , medium and long - term policies and an efficient use of existing processes and programmes in order to support initiatives which contribute to addressing root causes of migration . ### the international community faces migration and refugee challenges which requires solidarity , efficient mobilisation of financial resources and the need to confront and surmount the existing challenges in a concerted manner . all actors need to work together to apply sustained , medium and long - term policies and an efficient use of existing programmes in order to engineer and support initiatives which contribute to the sustainable development goals and to addressing root causes of forced migration .


### a new results - oriented partnership framework with third countries which takes account of all union policies and instruments should be developed . as part of that new partnership framework , the external investment plan should be established in order to support investments in regions outside the union , while contributing to the achievement of the sustainable development goal . it should also fulfil the objectives of the 2030 agenda for sustainable development and the objectives pursued by the other financing instruments for external action . ### a new results - oriented partnership framework with third countries , aligned with the development effectiveness principles , which takes account of all union policies and instruments shall be developed . as part of this new partnership framework , the external investment plan shall be established in order to support sustainable investments which aim to achieve the sdgs . it should also fulfil the objectives of the 2030 agenda for sustainable development , the addis ababa action agenda , including the promotion of domestic resources mobilization , and the objectives pursued by the other financing instruments for external action .


### having regard to the treaty on the functioning of the european union , and in particular article 173 , article 182 , article 183 , and the second paragraph of article 188 thereof , ### having regard to the treaty on the functioning of the european union , and in particular article 173 , article 182 , article 183 , the second paragraph of article 188 and article 208 thereof ,


### to deliver scientific , economic and societal impact in pursuit of this general objective , the union should invest in research and innovation through horizon europe - a framework programme for research and innovation 2021 - 2027 to support the creation and diffusion of high - quality knowledge and technologies , to strengthen the impact of research and innovation in developing , supporting and implementing union policies , to support the uptake of innovative solutions in industry and society to address global challenges and promote industrial competitiveness ; to foster all forms of innovation , including breakthrough innovation , and strengthen market deployment of innovative solutions ; and optimise the delivery of such investment for increased impact within a strengthened european research area . ### to deliver scientific , economic and societal impact in pursuit of this general objective , the union should invest in research and innovation through horizon 2027 - a framework programme for research and innovation 2021 - 2027 to support the creation and diffusion of high - quality knowledge and technologies , to strengthen the impact of research and innovation in developing , supporting and implementing union policies , to support the uptake of innovative solutions in industry and society to address global challenges and promote industrial competitiveness ; to foster all forms of innovation , including breakthrough innovation , and strengthen market deployment of innovative solutions ; and optimise the delivery of such investment for increased impact within a strengthened european research area .


### open science , including open access to scientific publications and research data , has the potential to increase the quality , impact and benefits of science and to accelerate the advancement of knowledge by making it more reliable , more efficient and accurate , better understandable by society and responsive to societal challenges . provisions should be laid down to ensure that beneficiaries provide open access to peer - reviewed scientific publications , research data and other research outputs in an open and non - discriminatory manner , free of charge and as early as possible in the dissemination process , and to enable their widest possible use and re - use . more emphasis should in particular be given to the responsible management of research data , which should comply with the fair principles of ‘ findability’ , ‘ accessibility’ , ‘ interoperability’ and ‘ reusability’ , notably through the mainstreaming of data management plans . where appropriate , beneficiaries should make use of the possibilities offered by the european open science cloud and adhere to further open science principles and practices . ### open science , including open access to scientific publications and research data , has the potential to increase the quality , impact and benefits of science and to accelerate the advancement of knowledge by making it more reliable , more efficient and accurate , better understandable by society and responsive to societal challenges . provisions should be laid down to ensure that beneficiaries provide open access to peer - reviewed scientific publications , research data and other research outputs in an open and non - discriminatory manner , free of charge and as early as possible in the dissemination process , and to enable their widest possible use and re - use . more emphasis should in particular be given to the responsible management of research data , which should comply with the fair principles of ‘ findability’ , ‘ accessibility’ , ‘ interoperability’ and ‘ reusability’ , notably through the mainstreaming of data management plans . beneficiaries should make use of the possibilities offered by the european open science cloud and adhere to further open science principles and practices .


### open science , including open access to scientific publications and research data , has the potential to increase the quality , impact and benefits of science and to accelerate the advancement of knowledge by making it more reliable , more efficient and accurate , better understandable by society and responsive to societal challenges . provisions should be laid down to ensure that beneficiaries provide open access to peer - reviewed scientific publications , research data and other research outputs in an open and non - discriminatory manner , free of charge and as early as possible in the dissemination process , and to enable their widest possible use and re - use . more emphasis should in particular be given to the responsible management of research data , which should comply with the fair principles of ‘ findability’ , ‘ accessibility’ , ‘ interoperability’ and ‘ reusability’ , notably through the mainstreaming of data management plans . where appropriate , beneficiaries should make use of the possibilities offered by the european open science cloud and adhere to further open science principles and practices . ### open science , including open access to scientific publications and research data , has the potential to increase the quality , impact and benefits of science and to accelerate the advancement of knowledge by making it more reliable , more efficient and accurate , better understandable by society and responsive to societal challenges . this is particularly important for actors in developing countries , where local research capacity must be improved and whose collaboration with union partners can help to tackle common global challenges and contribute to union research excellence . provisions should be laid down to ensure that beneficiaries provide open access to peer - reviewed scientific publications , research data and other research outputs in an open and non - discriminatory manner , free of charge and as early as possible in the dissemination process , and to enable their widest possible use and re - use . more emphasis should in particular be given to the responsible management of research data , which should comply with the fair principles of ‘ findability’ , ‘ accessibility’ , ‘ interoperability’ and ‘ reusability’ , notably through the mainstreaming of data management plans . where appropriate , beneficiaries should make use of the possibilities offered by the european open science cloud and adhere to further open science principles and practices .


### activities supported under the programme should contribute towards the achievement of the union ' s objectives and priorities , the monitoring and assessment of progress against those objectives and priorities and for the development of revised or new priorities . ### activities supported under the programme should contribute towards the achievement of the union ' s objectives and priorities as well as international commitments , the monitoring and assessment of progress against those objectives and priorities and for the development of revised or new priorities .


### the programme should seek synergies with other union programmes , from their design and strategic planning , to project selection , management , communication , dissemination and exploitation of results , to monitoring , auditing and governance . with a view to avoiding overlaps and duplication and increasing the leverage of union funding , transfers from other union programmes to horizon europe activities can take place . in such cases they will follow horizon europe rules ### the programme should seek synergies with other union programmes , contributing to policy coherence for development in accordance with article 208 of the treaty on the functioning of the european union , from their design and strategic planning , to project selection , management , communication , dissemination and exploitation of results , to monitoring , auditing and governance . with a view to avoiding overlaps and duplication and increasing the leverage of union funding , transfers from other union programmes to horizon europe activities can take place . in such cases they will follow horizon europe rules .


### with the aim of deepening the relationship between science and society and maximising benefits of their interactions , the programme should engage and involve citizens and civil society organisations in co - designing and co - creating responsible research and innovation agendas and contents , promoting science education , making scientific knowledge publicly accessible , and facilitating participation by citizens and civil society organisations in its activities . it should do so across the programme and through dedicated activities in the part ' strengthening the european research area ' . the engagement of citizens and civil society in research and innovation should be coupled with public outreach activities to generate and sustain public support for the programme . the programme should also seek to remove barriers and boost synergies between science , technology , culture and the arts to obtain a new quality of sustainable innovation . ### with the aim of deepening the relationship between science and society and maximising benefits of their interactions , the programme should work to address and overcome barriers to societal engagement and actively engage and involve citizens , academia and civil society organisations in co - designing and co - creating responsible research and innovation agendas and contents , promoting science education , making scientific knowledge publicly accessible , and facilitating participation by citizens and civil society organisations in its activities . it should do so across the programme , in particular through multi - actor approaches , and through dedicated activities in the part ' strengthening the european research area ' . the engagement of citizens and civil society in research and innovation should be coupled with public outreach activities to generate and sustain public support for the programme . the measures taken to improve the involvement of citizens and civil society will be reported on in horizon 2027 annual reports . the programme should also seek to remove barriers and boost synergies between science , technology , culture and the arts to obtain a new quality of sustainable innovation .


### ' open access ' means the practice of providing online access to research outputs resulting from actions funded under the programme , in particular scientific publications and research data , free of charge to the end - user ; ### ' open access ' means the practice of providing online access to research outputs and research data resulting from actions funded under the programme , in particular scientific publications and research data , free of charge to the end - user ;


### to strengthen the impact of research and innovation in developing , supporting and implementing union policies , and support the uptake of innovative solutions in industry and society to address global challenges ; ### to strengthen the impact of research and innovation in developing , supporting and implementing union policies , in particular the sdgs and the paris climate agreement and support the equitable access and uptake of innovative solutions in industry and society to address global challenges ;


### have a clear eu - added value and contribute to reaching union priorities ; ### have a clear eu - added value and contribute to reaching union priorities and commitments , in particular in relation to climate action and the pursuit of the sdgs ;