### contracting authorities that wish to purchase works , supplies or services with specific environmental , social or other characteristics should be able to refer to particular labels , such as the european eco - label , national eco - labels or any other label provided that the requirements for the label are linked to the subject - matter of the contract , such as the description of the product and its presentation , including packaging requirements . it is furthermore essential that these requirements are drawn up and adopted on the basis of objectively verifiable criteria , using a procedure in which stakeholders , such as government bodies , consumers , manufacturers , distributors and environmental organisations , can participate , and that the label is accessible and available to all interested parties . ### contracting authorities that wish to purchase works , supplies or services with specific environmental , energy efficiency , social or other characteristics should be able to refer to particular labels , such as the european eco - label , national eco - labels or any other label provided that the requirements for the label are linked to the subject - matter of the contract , such as the description of the product and its presentation , including packaging requirements . it is furthermore essential that these requirements are drawn up and adopted on the basis of objectively verifiable criteria , using a procedure in which stakeholders , such as government bodies , consumers , manufacturers , distributors and environmental organisations , can participate , and that the label is accessible and available to all interested parties .


### directive 97 / 68 / ec9 concerns exhaust emissions from engines installed in non - road mobile machinery . the current emission limits applicable to type approval of the majority of compression ignition engines under stage iii a are to be replaced by the more stringent limits under stage iii b . those limits apply from 1 january 2010 as regards the type approval for those engines and from 1 january 2011 with regard to the placing on the market . ### directive 97 / 68 / ec9 concerns exhaust emissions and emission limits of air pollutants from engines installed in non - road mobile machinery while protecting human health and the environment . the current emission limits applicable to type approval of the majority of compression ignition engines under stage iii a are to be replaced by the more stringent limits under stage iii b . those limits apply from 1 january 2010 as regards the type approval for those engines and from 1 january 2011 with regard to the placing on the market .


### specific activities shall include : understanding the determinants of health , improving health promotion and disease prevention ; understanding disease and improving diagnosis ; developing effective screening programmes and improving the assessment of disease susceptibility ; improving surveillance and preparedness ; developing better preventive vaccines ; using in - silico medicine for improving disease management and prediction ; treating disease ; transferring knowledge to clinical practice and scalable innovation actions ; better use of health data ; active ageing , independent and assisted living ; individual empowerment for self - management of health ; promotion of integrated care ; improving scientific tools and methods to support policy making and regulatory needs ; and optimising the efficiency and effectiveness of healthcare systems and reducing inequalities by evidence based decision making and dissemination of best practice , and innovative technologies and approaches . ### specific activities shall include : understanding the determinants of health , improving health promotion and disease prevention ; understanding disease and improving diagnosis ; developing effective screening programmes and improving the assessment of disease susceptibility ; improving surveillance and preparedness ; developing better preventive vaccines ; using in - silico medicine for improving disease management and prediction ; improved treatment of disease , addressing universal access to diagnosis , treatment and healthcare ; transferring knowledge to clinical practice more quickly and effectively and scalable innovation actions ; better use of health data ; healthy ageing , independent and assisted living ; improvement of and conditions for access to palliative medicine , reproductive health and individual empowerment for self - management of health ; promotion of integrated care ; improving scientific tools and methods to support policy making and regulatory needs ; and optimising the efficiency and effectiveness of healthcare systems and reducing inequalities by evidence based decision making and dissemination of best practice , and innovative technologies and approaches .


### major accidents can have consequences beyond frontiers , and the ecological and economic cost of an accident is borne not only by the establishment affected but also by the member state concerned . it is therefore necessary to take measures ensuring a high level of protection throughout the union . ### major accidents can have consequences beyond frontiers , and the ecological and economic cost of an accident is borne not only by the establishment affected but also by the member state concerned . it is therefore necessary to establish and apply safety and risk - reduction measures with a view to preventing possible accidents , reducing the risks of accidents occurring and minimising the effects if they do occur , thereby making it possible to ensure a high level of protection throughout the union . the member states should make every effort to exchange best practices .


### operators should have a general obligation to take all necessary measures to prevent major accidents and to mitigate their consequences . where dangerous substances are present in establishments above certain quantities the operator should provide the competent authority with sufficient information to enable it to identify the establishment , the dangerous substances present and the potential dangers . the operator should also draw up and send to the competent authority a major - accident prevention policy setting out the operator ' s overall approach and measures , including appropriate safety management systems , for controlling major - accident hazards . ### operators should have a general obligation to take all necessary measures to prevent major accidents and to mitigate their consequences . where dangerous substances are present in establishments above certain quantities the operator should provide the competent authority with sufficient information to enable it to identify the establishment , the dangerous substances present and the potential dangers . the operator should also draw up and send to the competent authority a major - accident prevention policy setting out , besides the names of any sub - contractors , the operator ' s overall approach and measures , including appropriate safety management systems , for controlling major - accident hazards .


### in order to provide greater protection for residential areas , areas of substantial public use and the environment , including areas of particular natural interest or sensitivity , it is necessary for land - use or other relevant policies applied in the member states to take account of the need , in the long term , to keep a suitable distance between such areas and establishments presenting such hazards and , where existing establishments are concerned , to take account of additional technical measures so that the risk to persons is not increased . sufficient information about the risks and technical advice on these risks should be taken into account when decisions are taken . where possible , to reduce administrative burdens , procedures should be integrated with those under other union legislation . ### in order to provide greater protection for residential areas , areas of substantial public use and the environment , including areas of particular natural interest or sensitivity , it is necessary for land - use or other relevant policies applied in the member states to take account of the need , in the long term , to keep a suitable distance between such areas and establishments presenting such hazards and , where existing establishments are concerned , to take account of additional technical measures so that the risk to persons is not increased . sufficient information about the risks and technical advice on these risks should be taken into account when decisions are taken . where possible , to reduce administrative burdens , especially for small and medium - sized enterprises , procedures and measures should be integrated with those under other relevant union legislation .


### in order to ensure that adequate response measures are taken if a major accident occurs , the operator should immediately inform the competent authorities and communicate the information necessary for them to assess the impact of that accident . ### in order to ensure that adequate response measures are taken if a major accident occurs , the operator should immediately inform the competent authorities and local authorities and communicate the information necessary for them to assess the impact of that accident on people’s health , on their property and on the environment and to prevent such an accident from happening again .


### the commission should be empowered to adopt delegated acts in accordance with article 290 of the treaty in respect of the adoption of criteria for derogations and amendments to the annexes of this directive . ### in order to adapt this directive to technical and scientific progress , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of amendments to part 3 of annex i , and annexes ii to vi to this directive . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and the council .


### the transport of dangerous substances and intermediate temporary storage by road , rail , internal waterways , sea or air , outside the establishments covered by this directive , including loading and unloading and transport to and from another means of transport at docks , wharves or marshalling yards ; ### the transport of dangerous substances by road , rail , internal waterways , sea or air , outside the establishments covered by this directive ;


### where it is demonstrated to the satisfaction of a competent authority , on the basis of the criteria referred to in paragraph 4 of this article , that particular substances present at an individual establishment or any part thereof and listed in parts 1 or 2 of annex i are incapable of creating a major accident hazard , due to the specific conditions pertaining in the establishment such as the nature of the packaging and containment of the substance or the location and quantities involved , the member state of the competent authority may decide not to apply the requirements set out in articles 7 to 19 of this directive to the establishment concerned . ### without prejudice to paragraph 1 , where it is demonstrated , on the basis of the criteria referred to in annex vii , that particular substances present at an individual establishment or any part thereof and listed in parts 1 or 2 of annex i are incapable of creating a major accident hazard , due to the specific conditions pertaining in the establishment regarding the nature of the packaging and containment of the substance or the location and quantities involved , the competent authority of the member state concerned may decide not to apply the requirements set out in article 9 , point of article 10 , article 11 and article 13 of this directive to the establishment concerned .


### in the cases referred to in the first subparagraph the member state concerned shall provide to the commission a list of the establishments concerned , including the inventory of dangerous substances concerned . the member state concerned shall give reasons for the exclusion . ### in the cases referred to in the first subparagraph the member state concerned shall provide to the commission a list of the establishments concerned , including the inventory of dangerous substances concerned and the nature of the applicable specific conditions . the member state concerned shall give reasons for the exclusion .


### member states shall require the operator to send the competent authority a notification containing the following details : ### member states shall require the operator to send the competent authority and local authorities a notification containing the following details :


### the mapp shall be sent to the competent authority within the following time - limits : ### the mapp shall be sent to the competent authority and local authorities within the following time - limits :


### the notification shall be sent to the competent authority within the following time - limits : ### the notification shall be sent to the competent authority and local authorities within the following time - limits :


### the safety report shall be sent to the competent authority within the following time - limits : ### the safety report shall be sent to the competent authority and local authorities within the following time - limits :


### for new establishments , a reasonable period of time prior to the start of construction or operation , ### for new establishments , at least six months prior to the start of construction or operation ,


### the operator shall immediately inform the competent authority of the following events : ### the operator shall immediately inform the competent authority and local authorities of the following events :


### member states shall ensure that the competent authority , using the information received from the operators in compliance with articles 6 and 9 or through inspections pursuant to article 19 , identifies all lower - tier and upper - tier establishments or groups of establishments where the likelihood and the possibility or consequences of a major accident may be increased because of the location and the proximity of such establishments , and their inventories of dangerous substances . ### member states shall ensure that the competent authority , using the information received from the operators in compliance with articles 6 and 9 or through inspections pursuant to article 19 , identifies all lower - tier and upper - tier establishments or groups of establishments where the likelihood and the possibility or consequences of a major accident may be increased because of the location and the proximity of such establishments , or the natural risks associated with their geographical position , and their inventories of dangerous substances .


### without prejudice to the obligations of the competent authorities , member states shall ensure that the internal emergency plans provided for in this directive are drawn up in consultation with the personnel working inside the establishment , including long - term relevant subcontracted personnel , and that the public is consulted on external emergency plans when they are established or updated . member states shall ensure that consultation with the public is in accordance with article 14 . ### without prejudice to the obligations of the competent authorities , member states shall ensure that the internal emergency plans provided for in this directive are drawn up in consultation with the personnel working inside the establishment , including long - term relevant subcontracted personnel , and that the local authority in whose area the undertaking is sited , and the public , are consulted on external emergency plans when they are established or updated . member states shall ensure that consultation with the public is in accordance with article 14 .


### to inform the competent authorities ; ### to inform the competent authorities and local authorities ;


### without prejudice to article 4 , in order to adapt annexes i to vii to technical progress , the commission shall adopt delegated acts in accordance with article 24 . ### without prejudice to article 4 , in order to adapt annexes i to vii to technical progress , the commission shall adopt delegated acts in accordance with article 24 . within six months of the adoption of an adaptation to technical progress made to regulation no 1272 / 2008 , the commission shall assess whether annex i needs to be adapted , taking into account the major accident hazard potential of a substance and the criteria for the application of article 4 .


### description of the site and its environment including the geographical location , meteorological , geological , hydrographic conditions and , if necessary , its history ; ### description of the site , a suitable assessment of its natural risks and its environment including the geographical location , meteorological , geological , hydrographic conditions and , if necessary , its history ;


### description of the main activities and products of the parts of the establishment which are important from the point of view of safety , sources of major - accident risks and conditions under which such a major accident could happen , together with a description of proposed preventive measures ; ### description of the main activities and products of the parts of the establishment , and identification of sub - contractors , which are important from the point of view of safety , sources of major - accident risks and conditions under which such a major accident could happen , together with a description of proposed preventive measures ;


### any fire or explosion or accidental discharge of a dangerous substance involving a quantity of at least 1 % of the qualifying quantity laid down in column 3 of annex i . ### any fire or explosion or accidental discharge of a dangerous substance involving a quantity of at least 1 % of the qualifying quantity laid down in column 2 of annex i .


### this directive should not in any way affect the freedom of member states or public authorities to decide on the direct provision of works or services to the public or on the outsourcing of such provision to third parties . member states or public authorities should remain free to define the characteristics of the service to be provided , including any conditions regarding the quality or price of the services , in order to pursue their public policy objectives ### this directive recognises and reaffirms the right of member states and public authorities to decide the means of administration they judge to be most appropriate for performing the works and providing the services for which they are responsible . this directive should not in any way affect the freedom of member states and public authorities to perform works and provide services directly to the public or to outsource such provision to third parties . member states or public authorities shall retain the right to define and specify the characteristics of the services to be provided , including any conditions regarding the quality or price of the services as well as concerning work conditions under which the services are provided , in order to pursue their public policy objectives


### it is appropriate to exclude from the scope of this directive certain services concessions awarded to an economic operator which is itself a contracting authority or a contracting entity on the basis of an exclusive right which that operator enjoys under published national law or administrative act and which has been granted in accordance with the treaty and union sectoral legislation concerning the management of networks infrastructure related to the activities set out in annex iii , since such exclusive right makes it impossible to follow a competitive procedure for the award . by way of derogation and without prejudice to the legal consequences of the general exclusion from the scope of this directive , concessions as defined in article 8 should be subject to the obligation to publish a concession award notice in view of ensuring basic transparency unless the conditions of such transparency are provided for in sectoral legislation . ### it is appropriate to exclude from the scope of this directive certain services concessions awarded to an economic operator which enjoys an exclusive right under published national law , regulation or administrative act and which has been granted in accordance with the treaty and union sectoral legislation , since such exclusive right makes it impossible to follow a competitive procedure for the award . the concessions referred to are those concerning the management of network infrastructure relating to the activities set out in annex iii or those concerning an activity subject to a tariff regulated at national level or those where socio - economic interest can be deemed more important .


### in view of the detrimental effects on competition , awarding concessions without prior publication should only be permitted in very exceptional circumstances . this exception should be limited to cases where it is clear from the outset that a publication would not trigger more competition , notably because there is objectively only one economic operator who can perform the concession . only situations of objective exclusivity can justify the award of a concession without publication to an economic operator , where the situation of exclusivity has not been created by the contracting authority or contracting entity itself in view of the future award procedure , and where there are no adequate substitutes , the availability of which should be assessed thoroughly . ### awarding concessions without prior publication should be allowed in cases where it is clear from the outset that a publication would not trigger more competition , notably because there is objectively only one economic operator who can perform the concession , or when the concession concerns social services and other special services of socio - economic importance , or where the interests of citizens , environment and climate are deemed more important , or when the concession concerns services with minimal cross - border impact .


### concessions should not be awarded to economic operators that have participated in a criminal organisation or have been found guilty of corruption , fraud to the detriment of the union ' s financial interests or money laundering . non - payment of taxes or social security contributions should also be sanctioned by mandatory exclusion at the level of the union . furthermore , contracting authorities and contracting entities should be given the possibility to exclude candidates or tenderers for serious violations of union or national law aimed at the protection of public interests compatible with the treaty or where the economic operator has shown significant or persistent deficiencies in the performance of a prior concession or concessions of a similar nature with the same contracting authority or contracting entity . ### concessions should not be awarded to economic operators that have participated in a criminal organisation or have been found guilty of corruption , fraud to the detriment of the union ' s financial interests , money laundering and non - payment of taxes or social security contributions . furthermore , grantors should be given the possibility to exclude candidates or tenderers for violating social , labour or environmental law , for serious violations of union or national law aimed at the protection of public interests compatible with the treaty or where the economic operator has shown significant or persistent deficiencies in the performance of a prior concession or concessions of a similar nature with the same grantor .


### over the past decade , the growth of passenger traffic by rail has been insufficient to increase its modal share in comparison to cars and aviation . the 6 % modal share of passenger transport for rail in the european union has remained fairly stable . rail passenger services have not kept pace with evolving needs in terms of offer or quality . ### over the past decade , the growth of passenger traffic by rail has been sufficient to increase its modal share in inland transport , on average , in the eu 15 group , while the same average has not been gained in the member states who joined the union in 2004 , 2007 and 2013 . changes in rail ' s modal share are not correlated with the governance structures in place in the different member states .


### granting union railway undertakings the right of access to railway infrastructure in all member states for the purpose of operating domestic passenger services may have implications for the organisation and financing of rail passenger services provided under a public service contract . member states should have the option of limiting such right of access where it would compromise the economic equilibrium of those public service contracts and where approval has been given by the relevant regulatory body . ### granting union railway undertakings the right of access to railway infrastructure in all member states for the purpose of operating domestic passenger services may have implications for the organisation and financing of rail passenger services provided under a public service contract . member states should have the option of limiting such right of access where it would compromise the economic equilibrium and the social cohesion and right to mobility as required and adopted in those public service contracts . the relevant regulatory body should consider these concerns when giving its approval to such limitations .


### when assessing whether the economic equilibrium of the public service contract would be compromised , regulatory bodies should consider the economic impact of the intended service on existing public service contracts taking into account its impact on the profitability of any services included in such public service contracts and the consequences for the net cost to the competent public authority that awarded the contracts . to make this assessment , factors such as passenger demand , ticket pricing , ticketing arrangements , location and number of stops and the timing and frequency of the proposed new service should be examined . ### when assessing whether the economic equilibrium of the public service contract would be compromised , regulatory bodies should consider the economic and social impact of the intended service on existing public service contracts taking into account its impact on the profitability of any services included in such public service contracts and the consequences for the enhancing cohesion policy in the concerned area and the net cost to the competent public authority that awarded the contracts . to make this assessment , factors such as passenger demand , ticket pricing , ticketing arrangements , location and number of stops and the timing and frequency of the proposed new service should be examined .


### member states may limit the right of access provided for in article 10 to passenger services between a given place of departure and a given destination when one or more public service contracts cover the same route or an alternative route if the exercise of this right would compromise the economic equilibrium of the public service contract or contracts in question . ### member states may limit the right of access provided for in article 10 to passenger services between a given place of departure and a given destination when one or more public service contracts cover the same route or an alternative route if the exercise of this right would compromise the economic equilibrium and the social cohesion and right to mobility as required and adopted in the concerned public service contract or contracts in question .


### in order to provide for enhanced transparency of payments made to governments , issuers whose securities are admitted to trading on a regulated market and which have activities in the extractive or logging of primary forest industries should disclose in a separate report on an annual basis payments made to governments in the countries in which they operate . the report should include types of payments comparable to those disclosed under the extractive industries transparency initiative and provide civil society with information to hold governments of resource - rich countries to account for their receipts from the exploitation of natural resources . the initiative is also complementary to the eu flegt action plan and the timber regulation which require traders of timber products to exercise due diligence in order to prevent illegal wood from entering into the eu market . the detailed requirements are defined in chapter 9 of directive 2011 / . . . / eu of the european parliament and of the council . ### in order to provide for enhanced transparency of payments made to governments , issuers whose securities are admitted to trading on a regulated market shall disclose in a report on an annual basis payments made to governments and local and regional public authorities in the countries in which they operate and certain contextual information . the aim of such disclosure is to enable investors to make better - informed decisions , thereby improving corporate governance and accountability and contributing to good governance in the area of taxation and the reduction of tax evasion . the detailed requirements are defined in chapter 9 of directive 2011 / . . . / eu of the european parliament and of the council .


### member states shall require issuers active in the extractive or logging of primary forest industries , as defined in [ … ] to prepare , in accordance with chapter 9 of directive 2011 / . . . / eu of the european parliament and of the council , a report on payments made to governments on an annual basis . the report shall be made public at the latest six months after the end of each financial year and shall remain publicly available for at least five years . payments to governments shall be reported at consolidated level . ### member states shall require issuers to prepare , in accordance with chapter 9 of directive 2011 / . . . / eu of the european parliament and of the council , a report on payments made to governments and local and regional public authorities on an annual basis . the report shall be made public at the latest four months after the end of each financial year and shall remain publicly available for at least ten years . payments to governments shall be reported at consolidated level .


### as is the case with directive 96 / 71 / ec , this directive should not prejudice the application of the law which , under article 8 of the rome i regulation , applies to individual employment contracts , or the application of regulation no 883 / 2004 of the european parliament and of the council of 29 april 2004 on the coordination of social security systems and regulation no 987 / 2009 of the european parliament and of the council of 16 september 2009 laying down the procedure for implementing regulation no 883 / 2004 on the coordination of social security systems . ### as is the case with directive 96 / 71 / ec , this directive should not prejudice the application of the law which , under article 8 of the rome i regulation , applies to individual employment contracts , or the application of regulation no 883 / 2004 of the european parliament and of the council of 29 april 2004 on the coordination of social security systems and regulation no 987 / 2009 of the european parliament and of the council of 16 september 2009 laying down the procedure for implementing regulation no 883 / 2004 on the coordination of social security systems . the provisions in this directive are without prejudice to member states providing for and enforcing more favourable conditions for posted workers .


### refund of excessive costs , in relation to net remuneration or to the quality of the accommodation , withheld or deducted from wages for accommodation provided by the employer . ### refund of costs relating to travel , board and accommodation which had been deducted from wages or for which no reimbursement was provided by the employer .


### supporting and consolidating democratic reforms in third countries , by enhancing participatory and representative democracy , strengthening the overall democratic cycle , and improving the reliability of electoral processes , in particular by means of election observation missions . ### supporting and consolidating democratic reforms in third countries , by enhancing participatory and representative democracy , strengthening the overall democratic and progressive cycle , and improving the reliability of electoral processes , in particular by means of election observation missions .


### investing in health and social infrastructure which contribute to national , regional and local development , reducing inequalities in terms of health status , and transition from institutional to community - based services ; ### investing in health and social infrastructure which contribute to national , regional and local development , reducing gender - based inequalities and inequalities in terms of health status , and transition from institutional to community - based services ;


### financial contributions from the egf should be primarily directed at active labour market measures aimed at reintegrating redundant workers rapidly into employment , either within or outside their initial sector of activity , including the agricultural sector , including the agricultural sector . the inclusion of pecuniary allowances in a coordinated package of personalised services should therefore be restricted . ### financial contributions from the egf should be primarily directed at active labour market measures facilitating long - term employment , which aim to rapidly reintegrate redundant workers either within or outside their initial sector of activity . the inclusion of pecuniary allowances in a coordinated package of personalised services should therefore be restricted , in addition to other measures that are the responsibility of member states or companies by virtue of national law or collective agreements .


### in order to support redundant workers effectively and rapidly , member states should do their utmost to submit complete applications . the provision of supplementary information should be exceptional and limited in time . ### in order to support redundant workers effectively and rapidly , member states should do their utmost to submit complete applications . the provision of supplementary information should be exceptional and limited in time . the member states and the commission are invited to work closely together to keep to the deadlines for examining applications for mobilisation as defined in article 8 .


### in compliance with the principle of sound financial management , financial contributions from the egf should not replace support measures which are available for redundant workers within the union ' s structural funds or other union policies or programmes . ### in compliance with the principle of sound financial management , financial contributions from the egf should not replace or duplicate support measures which are available for redundant workers within the union ' s structural funds or other union policies or programmes . the egf should only provide limited , one - off support , whereas other union policies and programmes should provide long - term support .


### to facilitate the implementation of this regulation , expenditure should be eligible either from the date on which a member state incurs administrative expenditure for implementing the egf or from the date on which a member state starts to provide personalised services or , in the case of farmers , from the date set in a commission act in accordance with article 4 . ### to facilitate the implementation of this regulation , expenditure should be eligible either from the date on which a member state incurs administrative expenditure for implementing the egf or from the date on which a member state starts to provide personalised services .


### in the interest of the redundant workers , the member states and the union institutions involved in the egf decision - making process should do their utmost to reduce processing time and simplify procedures . ### in the interest of the redundant workers , assistance should be dynamic and made available as quickly and efficiently as possible . member states and the union institutions involved in the egf decision - making process should do their utmost to reduce processing time and simplify procedures so as to ensure a smooth and rapid adoption of the decisions on the mobilisation of the egf .


### in order to enable continuous monitoring by the commission of results obtained with egf assistance , member states should submit interim and final reports on the implementation of the egf . ### in order to enable political scrutiny by the european parliament and continuous monitoring by the commission of results obtained with egf assistance , member states should submit interim and final reports on the implementation of the egf in a timely fashion .


### since the objectives of this regulation cannot be sufficiently achieved by the member states and can therefore , by reason of their scale and effects , be better achieved at the union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on the european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve those objectives , ### since the objectives of this regulation cannot be sufficiently achieved by the member states and can therefore , by reason of their scale and effects , be better achieved at the union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on the european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve those objectives , and should therefore be included under the appropriate budget line ,


### the cost of investments in physical assets for self - employment and business start - up or for changing or adjusting activity may not exceed eur 35 000 . ### the cost of investments in physical assets for self - employment and business start - up or for changing or adjusting activity may not , in general terms , exceed eur 35 000 .


### the member state shall submit a complete application to the commission within a period of 12 weeks from the date on which the criteria set in article 4 or are met or , where applicable , before the deadline set by the commission in accordance with article 4 . in exceptional and duly justified circumstances the application may be supplemented with additional information by the applicant member state within six months from the date of application , following which the commission shall assess the application on the basis of the available information . the commission shall complete its assessment of the application within twelve weeks of the date of receipt of a complete application or six months after the date of the initial application , whichever is the earlier . ### the member state shall submit a complete application in their own language and one of the european institutions ' working languages to the commission within a period of 10 weeks from the date on which the criteria set in article 4 or are met . in exceptional and duly justified circumstances the application may be supplemented with additional information by the applicant member state within four months from the date of application , following which the commission shall assess the application on the basis of the available information . the commission shall complete its assessment of the application within nine weeks of the date of receipt of a complete application or five months after the date of the initial application , whichever is the earlier . the commission and the member states shall do their utmost to keep these deadlines .


### the financial contribution shall be limited to what is necessary to provide solidarity and support for individual redundant workers . the activities supported by the egf shall comply with union and national law , including state aid rules . ### the financial contribution shall be limited to what is necessary to provide solidarity and temporary , one - off support for individual redundant workers . the activities supported by the egf shall comply with union and national law , including state aid rules .


### the applicant member state shall ensure that the specific actions receiving a financial contribution shall not also receive assistance from other union financial instruments . ### the applicant member state shall ensure that the specific actions receiving a financial contribution shall not also receive assistance from other union financial instruments , thereby avoiding undermining longer - term programmes such as structural funds and notably the european social fund .


### the commission shall set up an internet site , available in all union languages , to provide information on the egf , guidance on the submission of applications , and information on accepted and rejected applications , highlighting the role of the budgetary authority . ### the commission shall update the dedicated internet site in a user friendly manner , available in all union languages , to provide up - to - date information and implementation data on the egf since its inception , guidance on the submission of applications , and information on accepted and rejected applications , highlighting the role of the budgetary authority .


### where the commission has concluded that the conditions for mobilising the egf are met , it shall submit a proposal to deploy it . the decision to deploy the egf shall be taken jointly by the two arms of the budgetary authority . the council shall act by a qualified majority and the european parliament shall act by a majority of its component members and three fifths of the votes cast . ### where the commission has concluded that the conditions for mobilising the egf are met , it shall submit a proposal to deploy it . the decision to deploy the egf shall be taken jointly by the two arms of the budgetary authority within a deadline not exceeding one month of the referral to the budgetary authority . the council shall act by a qualified majority and the european parliament shall act by a majority of its component members and three fifths of the votes cast .


### at the same time as it presents the proposal for a decision to deploy the egf , the commission shall present to the two arms of the budgetary authority a proposal for a transfer to the relevant budgetary lines . in case of disagreement a trialogue procedure shall be initiated . ### at the same time as it presents the proposal for a decision to deploy the egf , the commission shall present to the two arms of the budgetary authority a proposal for a transfer to the relevant budgetary lines . these transfers shall be carried out in accordance the budgetary priorities , both annual and long - term . in case of disagreement a trialogue procedure shall be initiated .


### by 30 june 2018 , a mid - term evaluation of the effectiveness and sustainability of the results obtained ; ### by 30 june 2017 , a mid - term evaluation of the effectiveness and sustainability of the results obtained ;


### by 31 december 2022 , an ex - post evaluation with the assistance of external experts , to measure the impact of the egf and its added value . ### by 31 december 2021 , an ex - post evaluation with the assistance of external experts , to measure the impact of the egf and its added value .


### the member state shall make the financial corrections required where an irregularity is ascertained . the corrections made by the member state shall consist in cancelling all or part of the financial contribution . the member state shall recover any amount lost as a result of an irregularity detected , repay it to the commission and , where the amount is not repaid by the relevant member state in the time allowed , default interest shall be due . ### the member state shall make the financial corrections required where an irregularity is ascertained . the corrections made by the member state shall consist in cancelling all or part of the financial contribution . the member state shall recover any amount lost as a result of an irregularity detected and repay it to the commission .


### for the purposes of this regulation , a ‘ regional natural disaster’ shall mean any natural disaster resulting , in a region of a member state or a country involved in accession negotiations with the union at nuts 2 level , in direct damage in excess of 1 , 5 % of the region ' s gross domestic product . where the disaster concerns several regions at nuts 2 level , the threshold shall be applied to the weighted average gdp of those regions . ### for the purposes of this regulation , a ‘ regional natural disaster’ shall mean any natural disaster resulting in direct damage in excess of 1% of gdp in a region at nuts 2 level , or in several neighbouring nuts 3 level regions that together constitute a territory corresponding to the minimum criteria for nuts 2 level , of a member state or a country involved in accession negotiations with the union ; in certain cases the gdp criterion may be weighted by using an indicator that reflects the actual socio - economic situation of the territory affected before and after the disaster occurred , as envisaged in the common provisions regulation . where the disaster concerns several regions at nuts 2 or nuts 3 level , the threshold shall be applied to the weighted average gdp of those regions . in the remotest regions as defined in article 349 tfeu , given their extreme vulnerability to weather phenomena , ‘ regional natural disaster’ shall mean any natural disaster resulting in direct damage in excess of 0 . 5% of the region ' s gdp .


### the treaty aims at an ever closer union among the peoples of europe and confers on the union the task , inter alia , of contributing to the flowering of cultures of member states , while respecting their national and regional diversity and at the same time ensuring that the conditions necessary for the competitiveness of the union ' s industry exist . in this respect , the union , where necessary , supports and supplements member states ' actions to respect cultural and linguistic diversity , strengthen the competitiveness of the european cultural and creative sectors and facilitate adaptation to industrial changes , in particular through vocational training . ### the treaty aims at an ever closer union among the peoples of europe and confers on the union the task , inter alia , of contributing to the flowering of cultures of member states , while respecting their national and regional diversity . in this respect , the union , where necessary , supports and supplements member states ' actions to respect cultural and linguistic diversity , strengthen the european cultural and creative sectors as vectors of social and economic development and facilitate adaptation to industrial changes , in particular through vocational training .


### include requirements with a social aim in the saving obligations they impose , including by requiring measures to be implemented in households affected by energy poverty or in social housing ; ### include mandatory requirements with a social aim in the saving obligations they impose , including by requiring measures to be implemented in low - income households or in social housing ;


### the place where posted workers are recruited , ### the member state of establishment where posted workers are recruited and habitually employed ,


### the place where the undertaking performs its substantial business activity and where it employs administrative staff , ### the member state of establishment , where the undertaking performs its substantial business activity in the sector where the posted worker is employed . over 50% of the turnover is realised in the member state of establishment .


### member states may continue to apply bilateral arrangements concerning administrative cooperation between their competent authorities as regards the application and monitoring of the terms and conditions of employment applicable to posted workers referred to in article 3 of directive 96 / 71 / ec , in so far as these arrangements do not adversely affect the rights and obligations of the workers and companies concerned . ### member states may continue to apply and adopt new bilateral arrangements concerning administrative cooperation between their competent authorities as regards the application and monitoring of the terms and conditions of employment applicable to posted workers referred to in article 3 of directive 96 / 71 / ec , in so far as these arrangements do not adversely affect the rights and obligations of the workers and companies concerned .


### report ### report and amendment of directive 96 / 71 / ec


### cross - border cooperation should aim to tackle common challenges identified jointly in the border regions and exploit the untapped potentials in the border area , while enhancing the cooperation process for the purpose of the overall harmonious development of the union . in the case of any cross - border programme between northern ireland and the border counties of ireland in support of peace and reconciliation , the erdf shall also contribute to promoting social and economic stability in the regions concerned , notably by actions to promote cohesion between communities . ### cross - border cooperation should aim to tackle common challenges identified jointly in the border regions and exploit the untapped potentials in the border area , while enhancing the cooperation process for the purpose of the overall harmonious development of the union . in the case of any cross - border programme between northern ireland and the border counties of ireland in support of peace and reconciliation , the erdf shall also contribute to promoting social and economic stability in the regions concerned , notably by actions to promote social inclusion and cohesion between communities .


### areas for transnational cooperation should be defined having regard to actions needed to promote integrated territorial development . the commission should be empowered to define transnational cooperation areas . ### areas for transnational cooperation should be defined having regard to actions needed to promote integrated territorial development facilitating mobility between tourist and hinterland areas . the commission should be empowered to define transnational cooperation areas .


### it is necessary to fix the resources allocated to each of the different components of the european territorial cooperation goal , while maintaining a significant concentration on cross - border cooperation and securing sufficient funding levels for outermost regions ' cooperation . ### it is necessary to fix the resources allocated to each of the different components of the european territorial cooperation goal , while maintaining a significant concentration on cross - border cooperation and to give member states and elected regional and local authorites a degree of flexibility between the components , securing sufficient funding levels for outermost regions ' cooperation .


### in order to deliver on the targets and objectives of smart , sustainable and inclusive growth set out in the europe 2020 strategy , the erdf should contribute under the european territorial cooperation goal to the thematic objectives of developing an economy based on knowledge , research and innovation , promoting a greener , more resource - efficient and competitive economy , fostering high employment that delivers social and territorial cohesion , and developing administrative capacity . however , the list of the investment priorities under the different thematic objectives should be adapted to the specific needs of the european territorial cooperation goal , in particular by allowing for the continuation under cross - border cooperation of legal and administrative cooperation and cooperation between citizens and institutions , of cooperation in the fields of employment , training and social inclusion in a cross - border perspective , by allowing for the continuation under transnational cooperation of maritime cross - border cooperation not covered by cross - border cooperation programmes , and by the development and implementation of macro - regional and sea - basin strategies . ### in order to deliver on the targets and objectives of smart , sustainable and inclusive growth set out in the europe 2020 strategy , the erdf should contribute under the european territorial cooperation goal to the thematic objectives of developing an economy based on knowledge , research and innovation , promoting a greener , more resource - efficient and competitive economy , fostering gender equality , prevention of discrimination and high employment that delivers social and territorial cohesion , and developing administrative capacity . however , the list of the investment priorities under the different thematic objectives should be adapted to the specific needs of the european territorial cooperation goal , in particular by allowing for the continuation under cross - border cooperation of legal and administrative cooperation and cooperation between citizens and institutions , of cooperation in the fields of employment , training and social inclusion in a cross - border perspective , by allowing for the continuation under transnational cooperation of maritime cross - border cooperation not covered by cross - border cooperation programmes , and by the development and implementation of macro - regional and sea - basin strategies .


### in order to deliver on the targets and objectives of smart , sustainable and inclusive growth set out in the europe 2020 strategy , the erdf should contribute under the european territorial cooperation goal to the thematic objectives of developing an economy based on knowledge , research and innovation , promoting a greener , more resource - efficient and competitive economy , fostering high employment that delivers social and territorial cohesion , and developing administrative capacity . however , the list of the investment priorities under the different thematic objectives should be adapted to the specific needs of the european territorial cooperation goal , in particular by allowing for the continuation under cross - border cooperation of legal and administrative cooperation and cooperation between citizens and institutions , of cooperation in the fields of employment , training and social inclusion in a cross - border perspective , by allowing for the continuation under transnational cooperation of maritime cross - border cooperation not covered by cross - border cooperation programmes , and by the development and implementation of macro - regional and sea - basin strategies . ### in order to deliver on the targets and objectives of climate impact reduction , as well as smart , sustainable and inclusive growth set out in the europe 2020 strategy , the erdf should contribute under the european territorial cooperation goal to the thematic objectives of developing an economy based on knowledge , research and innovation , promoting a greener , more resource - efficient and competitive economy , fostering high employment that delivers social and territorial cohesion , and developing administrative capacity . however , the list of the investment priorities under the different thematic objectives should be adapted to the specific needs of the european territorial cooperation goal , in particular by allowing for the continuation under cross - border cooperation of legal and administrative cooperation and cooperation between citizens and institutions , of development of transport and tourism infrastructure as well as its improvement or expansion , of cooperation in the fields of employment , training and social inclusion in a cross - border perspective , by allowing for the continuation under transnational cooperation of maritime cross - border cooperation not covered by cross - border cooperation programmes , and by the development and implementation of macro - regional and sea - basin strategies .


### it is necessary to adapt the content requirements of cooperation programmes under the european territorial cooperation goal to their specific needs . therefore they also need to cover aspects necessary for effective implementation on the territory of participating member states , such as the bodies responsible for audit and control , the procedure to set up a joint secretariat , and the allocation of liabilities in case of financial corrections . in addition , due to the horizontal character of interregional cooperation programmes , the content of such cooperation programmes should be adapted , especially as regards the definition of the beneficiary or beneficiaries under the current interact and espon programmes . ### it is necessary to adapt the content requirements of cooperation programmes under the european territorial cooperation goal to their specific needs and to take account of local development issues . therefore they also need to cover aspects necessary for effective implementation on the territory of participating member states , such as the bodies responsible for audit and control , the procedure to set up a joint secretariat , and the allocation of liabilities in case of financial corrections . in addition , due to the horizontal character of interregional cooperation programmes , the content of such cooperation programmes should be adapted , especially as regards the definition of the beneficiary or beneficiaries under the current interact and espon programmes .


### member states should be encouraged to confer the task of th e managing authority on an egtc or to make such a grouping re sponsible for managing the part of a cooperation programme covering the territory concerned by the egtc . ### member states , in agreement with elected regional and local authorities , should be encouraged to confer the task of th e managing authority on an egtc or to make such a grouping re sponsible for managing the part of a cooperation programme covering the territory concerned by the egtc .


### cross - border cooperation between adjacent regions to promote integrated regional development between neighbouring land and maritime border regions from two or more member states or between neighbouring border regions from at least one member state and one third country on external borders of the union other than those covered by programmes under the external financial instruments of the union ; ### cross - border cooperation and the removal of physical , technical and administrative barriers between adjacent regions to promote integrated regional development between neighbouring land and maritime border regions from two or more member states or between neighbouring border regions from at least one member state and one third country on the external borders of the union ;


### for cross - border cooperation , the regions to be supported shall be the nuts level 3 regions of the union along all internal and external land borders other than those covered by programmes under the external financial instruments of the union , and all nuts level 3 regions of the union along maritime borders separated by a maximum of 150 km , without prejudice to potential adjustments needed to ensure the coherence and continuity of cooperation programme areas established for the 2007 - 2013 programming period . ### for cross - border cooperation , the regions to be supported shall be the nuts level 3 regions of the union along all internal and external land borders other than those covered by programmes under the external financial instruments of the union , and all nuts level 3 regions of the union along maritime borders separated by a maximum of 150 km , excluding outermost regions and island regions to which this restriction does not apply , without prejudice to potential adjustments needed to ensure the coherence and continuity of cooperation programme areas established for the 2007 - 2013 programming period .


### for transnational cooperation , the commission shall adopt the list of transnational areas to receive support , broken down by cooperation programme and covering nuts level 2 regions while ensuring the continuity of such cooperation in larger coherent areas based on previous programmes , by means of implementing acts . those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 30 . ### for transnational cooperation , the commission shall adopt the list of transnational areas to receive support , broken down by cooperation programme and covering nuts level 2 regions , while ensuring the implementation of union macro - regional strategies and the continuity of transnational cooperation in larger coherent areas based on previous programmes , by means of implementing acts . those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 30 .


### the participating member states and third countries or territories , where applicable , shall confirm in writing their agreement to the contents of a cooperation programme prior to its submission to the commission . this agreement shall also include a commitment of all participating member states to provide the co - financing necessary to implement the cooperation programme . ### the participating member states and third countries or territories , when invited to participate in cooperation programmes , shall confirm in writing their agreement to the contents of a cooperation programme prior to its submission to the commission . this agreement shall also include a commitment of all participating member states and , if possible , third countries or territories , to provide the co - financing necessary to implement the cooperation programme .


### operations selected under cross - border and transnational cooperation shall involve beneficiaries from at least two participating countries , at least one of which shall be from a member state . an operation may be implemented in a single country , provided that it is for the benefit of the programme area ### operations selected under cross - border and transnational cooperation shall involve beneficiaries from at least two participating countries . an operation may be implemented in a single country , provided that it is for the benefit of the programme area


### the power to adopt delegated acts referred to in article 17 shall be conferred on the commission for an indeterminate period of time from the date of entry into force of this regulation . ### the power to adopt delegated acts referred to in article 17 shall be conferred on the commission for a period of 5 years from the date of entry into force of this regulation . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### in line with the conclusions of the european council of 17 june 2010 , whereby the union strategy for smart , sustainable and inclusive growth was adopted , the union and the member states have set themselves the objective of having at least 20 million fewer people at risk of poverty and social exclusion by 2020 . ### the provision of food products and agricultural products is a very worthwhile means of assisting the most deprived , and , in line with the conclusions of the european council of 17&#160 ; june 2010 , whereby the union strategy for smart , sustainable and inclusive growth was adopted , the union and the member states have set themselves the objective of having at least 20 million fewer people at risk of poverty and social exclusion by 2020 .


### uniform and equitable rules on the eligibility period , operations and expenditures for the fund should be applied across the union . the conditions of eligibility should reflect the specific nature of the fund’s objectives and target populations , notably through adequate conditions of eligibility of the operations as well as forms of support and rules and conditions of reimbursement . ### uniform , simple and equitable rules on the eligibility period , operations and expenditures for the fund should be applied across the union . the conditions of eligibility should reflect the specific nature of the fund’s objectives and target populations , notably through adequate and simplified conditions of eligibility of the operations as well as forms of support and rules and conditions of reimbursement .


### [ proposal for a ] regulation of the european parliament and of the council establishing a common organisation of the markets in agricultural products provides that products bought under public intervention may be disposed of by making them available for the scheme for food distribution to the most deprived in the union if that scheme so provides . given that , depending on the circumstances , obtaining of food from the use , processing or sale of such stocks might be economically the most favourable option , it is appropriate to provide for such a possibility in this regulation . the amounts derived from a transaction concerning the stocks should be used for the benefit of the most deprived , and should not be applied so as to diminish the obligation of the member states to co - finance the programme . in order to ensure the most efficient possible use of the intervention stocks and the proceeds thereof , the commission should in accordance with article 19 of the regulation no [ cmo ] adopt implementing acts establishing procedures by which the products in intervention stocks may be used , processed or sold for the purposes of the most deprived programme . ### [ proposal for a ] regulation of the european parliament and of the council establishing a common organisation of the markets in agricultural products provides that products bought under public intervention may be disposed of by making them available for the scheme for food distribution to the most deprived in the union . given that , depending on the circumstances , obtaining of food from the use , processing or sale of such stocks remains a favourable option , it is appropriate to provide for such a possibility in this regulation . the amounts derived from a transaction concerning the stocks should be used for the benefit of the most deprived . in order to ensure the most efficient possible use of the intervention stocks , the commission should in accordance with article 19 of regulation no [ cmo ] adopt implementing acts establishing procedures by which the products in intervention stocks may be used , processed , sold at favourable prices and / or donated for the purposes of the programme for the most deprived .


### the frequency of audits on operations should be proportionate to the extent of the union ' s support from the fund . in particular , the number of audits carried out should be reduced where the total eligible expenditure for an operation does not exceed eur 100 000 . nevertheless , it should be possible to carry out audits at any time where there is evidence of an irregularity or fraud , or as part of an audit sample . in order that the level of auditing by the commission is proportionate to the risk , the commission should be able to reduce its audit work in relation to operational programmes where there are no significant deficiencies or where the audit authority can be relied on . in addition , the scope of audits should take fully into account the objective and the features of the target populations of the fund . ### the frequency of audits on operations should be proportionate to the extent of the union ' s support from the fund . in particular , the number of audits carried out should be reduced where the total eligible expenditure for an operation does not exceed eur 100 000 . nevertheless , it should be possible to carry out audits at any time where there is evidence of an irregularity or fraud , or as part of an audit sample . in order that the level of auditing by the commission is proportionate to the risk , the commission should be able to reduce its audit work in relation to operational programmes where there are no significant deficiencies or where the audit authority can be relied on . in addition , the scope of audits should take fully into account the objective and the features of the target populations of the fund , as well as the voluntary character of the beneficiary bodies .


### ' partner organisations ' means public bodies or non - for - profit organisations that deliver the food or goods directly or through other partner organisations to the most deprived persons , and whose operations have been selected by the managing authority in accordance with article 29 ; ### ‘ partner organisations’ means public bodies or not - for - profit organisations that deliver the food directly or through other partner organisations to the most deprived persons , and whose operations have been selected by the managing authority in accordance with article 29 ;


### ' intermediate body ' means any public or private body which acts under the responsibility of a managing or certifying authority , or which carries out duties on behalf of such an authority in relation to beneficiaries ' implementing operations ; ### ‘ intermediate body’ means any public body or not - for - profit organisation which acts under the responsibility of a managing or certifying authority , or which carries out duties on behalf of such an authority in relation to beneficiaries ' implementing operations ;


### the fund shall support national schemes whereby food products and basic consumer goods for the personal use of homeless persons or of children are distributed to the most deprived persons through partner organisations selected by member states . ### the fund shall support national systems for distributing healthy food products to the most deprived as well as basic consumer goods for their personal use . the distribution shall be carried out by partner organisations which are selected by member states and the work of whose members and / or volunteers is at least in part concerned with the distribution of food products and / or agricultural products to the most deprived .


### the commission and the member states shall ensure the effectiveness of the fund , in particular through monitoring , reporting and evaluation . ### the commission and the member states shall ensure the effectiveness of the fund , in particular through monitoring , reporting and evaluation . they shall also ensure that it is easy for the partner organisations and beneficiaries to implement it .


### the commission and the member states shall carry out their respective roles in relation to the fund with the aim of reducing the administrative burden for beneficiaries . ### given that the partner and / or beneficiary organisations are membership bodies of a voluntary nature , the commission and the member states shall carry out their respective roles in relation to the fund with the aim at all times of reducing the administrative burden for beneficiaries , and taking care at all times to simplify in so far as possible the rules and management systems to which the partner and / or beneficiary organisations are subject .


### the population suffering from severe material deprivation ; ### the population suffering from food poverty ;


### the population living in households with very low work intensity . ### the population living in households with very low income .


### each member state shall submit to the commission one operational programme covering the period between 1 january 2014 and 31 december 2020 within three months of the entry into force of this regulation , containing the following items : ### each member state shall , within three months of the entry into force of this regulation , submit to the commission one operational programme – drawn up in close cooperation with the competent regional , local and other authorities , with the former beneficiary organisations of the european food distribution programme , with the main national , regional , local and other organisations involved in distributing food products for the most deprived and with bodies representing civil society and promoting non - discrimination – covering the period between 1 january 2014 and 31 december 2020 and containing the following items :


### an identification of and a justification for selecting the type of material deprivation to be addressed under the operational programme and a description for each type of material deprivation addressed of the main characteristics and the objectives of the distribution of food or goods and the accompanying measures to be provided , having regard to the results of the ex ante evaluation carried out in accordance with article 14 ; ### an identification of the type of food and / or material deprivation to be addressed under the operational programme and a description of them , as well as a description of the main characteristics and the objectives of the distribution of food , particularly fresh agricultural products such as meat , fish , fruit , vegetables , grain and milk products , or goods , and the accompanying measures to be provided ;


### the partner organisations referred to in point that deliver directly the food or goods shall themselves undertake activities complementing the provision of material assistance , aiming at the social inclusion of the most deprived persons , whether or not these activities are supported by the fund . ### the partner organisations referred to in point that deliver food directly and those that also deliver goods shall themselves undertake activities complementing the provision of material assistance , aiming at the social inclusion of the most deprived persons , whether or not these activities are supported by the fund .


### the commission may make observations within three months of the date of submission of the operational programme . the member state shall provide to the commission all necessary additional information and , where appropriate , revise the proposed operational programme . ### the commission may make observations within two months of the date of submission of the operational programme . the member state shall provide to the commission all necessary additional information and , where appropriate , revise the proposed operational programme .


### provided that any observations made by the commission in accordance with paragraph 2 have been satisfactorily taken into account , the commission shall , by means of implementing acts , approve the operational programme no later than six months after its formal submission by the member state , but not before 1 january 2014 . ### provided that any observations made by the commission in accordance with paragraph 2 have been satisfactorily taken into account , the commission shall , by means of implementing acts , approve the operational programme no later than three months after its formal submission by the member state , but not before 1 january 2014 .


### the commission shall , by means of implementing acts , approve the amendment of an operational programme no later than five months after their formal submission by the member state provided that any observations made by the commission have been satisfactorily taken into account . ### the commission shall , by means of implementing acts , approve the amendment of an operational programme no later than three months after their formal submission by the member state provided that any observations made by the commission have been satisfactorily taken into account .


### in addition , the commission shall consult , at least once a year , the organisations which represent the partner organisations at union level on the implementation of support from the fund . ### in addition , within the framework of the platform , the commission shall consult , at least once a year , the organisations which represent the partner organisations at union level and the main partner organisations in each member state on the implementation , and ease of implementation , of support from the fund . it shall publish reports on such consultation , and its results , on the platform website .


### at its own initiative and in close cooperation with the member states , the commission shall carry out , with the assistance of external experts , an ex - post evaluation , to assess the effectiveness and sustainability of results obtained as well as to measure the added value of the fund . this ex post evaluation shall be completed by 31 december 2023 . ### at its own initiative and in close cooperation with the member states , the commission shall carry out , with the assistance of external experts , an ex - post evaluation , to assess the effectiveness and ease of management of the programmes , the sustainability of results obtained and the needs reported by the partner organisations and beneficiaries in terms of financing the distribution of food products to the most deprived persons , as well as to measure the added value of the fund . this ex post evaluation shall be completed by 31 december 2023 .


### the member states shall provide information on and promote the actions supported by the fund . the information shall be addressed to the most deprived persons , the media and the wider public . it shall highlight the role of the union and ensure that the contribution from the fund is visible . ### the commission &#8211 ; particularly via the platform website &#8211 ; and the member states shall provide information on and promote the actions supported by the fund . the information shall be addressed to the most deprived persons , the media and the wider public . it shall highlight the role of the union , ensure that the contribution from the fund is visible and give prominence to the final beneficiaries and the beneficiary and partner organisations ' volunteers .


### during the implementation of an operation , the beneficiaries and partner organisations shall inform the public about the support obtained from the fund by placing at least one poster with information about the operation , including about the financial support from the union , at a location readily visible to the public , at each place of provision of the food , goods and any accompanying measure , except if this is not possible due to the circumstances of the distribution . ### during the implementation of an operation , the beneficiary organisations and partner organisations shall display either an eu flag or a poster with information about the operation , including about the financial support from the union .


### all information and communication measures undertaken by the beneficiary and the partner organisations shall acknowledge support from the fund to the operation by displaying the emblem of the union together with a reference to the union and the fund . ### information and communication measures undertaken by the beneficiary and the partner organisations in connection with any operation financed by the european union shall acknowledge support from the fund to the operation by displaying the emblem of the union together with a reference to the union and the fund .


### the managing authority shall inform beneficiaries of publication of the list of operations in accordance with paragraph 2 . the managing authority shall provide information and publicity kits , including templates in electronic format , to help beneficiaries and partner organisations to meet their obligations as set out in paragraph 3 . ### the managing authority shall inform beneficiaries of publication of the list of operations in accordance with paragraph 2 . the managing authority shall provide information and publicity kits , including templates in electronic format and stickers representing the eu flag , to help beneficiaries and partner organisations to meet their obligations as set out in paragraph 3 .


### expenditure shall be eligible for a support from the operational programme if it is incurred and paid by a beneficiary between 1 january 2014 and 31 december 2022 . ### expenditure shall be eligible for a support from the operational programme if it is incurred and paid by a beneficiary between 1 january 2014 and 31 december 2023 .


### they may also be purchased by a public body and made available free of charge to the partner organisations . in that case , the food may be obtained from the use , processing or sale of the products in intervention stocks made available in accordance with article 15 of the regulation no [ cmo ] , provided that this is economically the most favourable option and does not unduly delay the delivery of the food products to the partner organisations . any amount derived from a transaction concerning those stocks shall be used for the benefit of the most deprived persons , and shall not be applied so as to diminish the obligation of the member states , provided in article 18 of this regulation , to co - finance the programme . ### they may also be purchased by a public body and made available free of charge to the partner organisations . in that case , the food may be obtained from the use , processing or sale of the products in intervention stocks made available in accordance with article 15 of the regulation no [ cmo ] , provided that this does not unduly delay the delivery of the food products to the partner organisations . any amount derived from a transaction concerning those stocks shall be used for the benefit of the most deprived persons .


### that material assistance shall be distributed free of charge to the most deprived persons . ### that food and / or material assistance shall as a rule be distributed free of charge to the most deprived persons . where the aims of providing such food and / or material assistance to the most deprived persons include furthering their integration or social rehabilitation , final beneficiaries may be charged a price not exceeding 10% of the market price – and in no case based on the implementation costs borne by the partner organisations .


### the costs of purchasing food and basic consumer goods for personal use of homeless persons or of children ; ### the costs of purchasing food and basic consumer goods for the personal use of the final beneficiaries ;


### the costs of social inclusion activities undertaken and declared by the partner organisations delivering directly the material assistance to the most deprived persons at a flat rate of 5% of the costs referred to in point ; ### the costs of social inclusion activities undertaken and declared by the partner organisations delivering the food and / or material assistance directly or indirectly to the final beneficiaries at a flat rate of 5% of the costs referred to in point ;


### the commission shall reimburse as interim payments 90% of the amount resulting from applying the co - financing rate laid down in the decision adopting the operational programme corresponding to the public eligible expenditure included in the payment application . it shall determine the annual balance in accordance with article 47 . ### the commission shall reimburse as interim payments 90% of the total amount for the operation corresponding to the public eligible expenditure included in the payment application . it shall determine the annual balance in accordance with article&#160 ; 47 .


### proposal for a regulation of the european parliament and of the council establishing the creative europe programme ### proposal for a regulation of the european parliament and of the council establishing the creative & cultural europe framework programme


### with regard to the charter of fundamental rights of the european union and in particular articles 11 and 21 , the cultural and creative sectors make an important contribution to the fight against all forms of discrimination including racism and xenophobia and are an important platform for freedom of speech . article 22 imposes an obligation to respect cultural and linguistic diversity . ### with regard to the charter of fundamental rights of the european union and in particular articles 11 and 21 , the cultural and creative sectors make an important contribution to the fight against all forms of discrimination including racism and xenophobia and are an important platform for freedom of speech . article 22 imposes an obligation to respect cultural and linguistic diversity . article 23 imposes an obligation to ensure equality between women and men in all areas , including employment , work and pay .


### the communication from the european commission on the european strategy for smart , sustainable and inclusive growth defines a strategy that aims to turn the union into a smart , sustainable and inclusive economy delivering high levels of employment , productivity and social cohesion . in this strategy , the commission noted that the union needs to provide more attractive framework conditions for innovation and creativity , including through incentives for the growth of knowledge based firms and greater access to finance for cultural and creative sectors . ### the communication from the european commission on the european strategy for smart , sustainable and inclusive growth defines a strategy that aims to turn the union into a smart , sustainable and inclusive economy delivering high levels of employment , productivity and social cohesion , while mainstreaming gender in all policy areas . in this strategy , the commission noted that the union needs to provide more attractive framework conditions for innovation and creativity , including through incentives for the growth of knowledge based firms and greater access to finance for cultural and creative sectors .


### the european cultural and creative sectors are inherently fragmented along national and linguistic lines . on the one hand , fragmentation results in a culturally diverse and highly independent cultural landscape , providing a voice for the different cultural traditions forming the diversity of our european heritage . on the other hand , fragmentation leads to limited and sub - optimal transnational circulation of cultural and creative works and operators within and outside the union , to geographical imbalances and - subsequently - to a limited choice for the consumer . ### the european cultural and creative sectors are inherently fragmented along national and linguistic lines . on the one hand , fragmentation results in a culturally diverse and highly independent cultural landscape , providing a voice for the different cultural traditions forming the diversity of our european heritage . on the other hand , fragmentation leads to limited and sub - optimal transnational circulation and mobility of cultural and creative works and operators within and outside the union , to geographical imbalances and - subsequently - to a limited choice for the consumer .


### cooperation between the programme and international organisations in the field of culture and audiovisual such as unesco , the council of europe and in particular eurimages , oecd and the world intellectual property organisation needs to be fostered . ### cooperation between the programme and international organisations in the field of culture and audiovisual such as unesco , the council of europe and eurimages , oecd and the world intellectual property organisation needs to be fostered .


### in compliance with the principles for performance related assessment , the procedures for monitoring and evaluating the programme should include detailed annual reports and refer to the specific , measurable , achievable , relevant and time - bound targets and indicators laid down in this regulation . ### in compliance with the principles for performance related assessment , the procedures for monitoring and evaluating the programme should include detailed annual reports and refer to the specific , measurable , achievable , relevant and time - bound targets and appropriate indicators laid down in this regulation .


### this regulation establishes the creative europe programme for support to the european cultural and creative sectors for the period from 1 january 2014 to 31 december 2020 . ### this regulation establishes the creative & cultural europe programme for support to the european cultural and creative sectors for the period from 1 january 2014 to 31 december 2020 .


### ' cultural and creative sectors ' means all sectors whose activities are based on cultural values and / or artistic and creative expressions , whether these activities are market or non - market oriented and whatever the type of structure that carries them out . these activities include the creation , the production , the dissemination and the preservation of goods and services which embody cultural , artistic or creative expressions , as well as related functions such as education , management or regulation . the cultural and creative sectors include in particular architecture , archives and libraries , artistic crafts , audiovisual , cultural heritage , design , festivals , music , performing arts , publishing , radio and visual arts ; ### ' cultural and creative sectors ' means all sectors whose activities are based on cultural values and / or artistic and creative expressions , whether these activities fall within the commercial , publicly - supported or free profit - making areas and whatever the type of structure that carries them out . these activities include the creation , the production , the dissemination and the preservation of goods and services which embody cultural , artistic or creative expressions . the cultural and creative sectors include in particular : – architecture , archives , libraries and museums , artistic crafts , cultural heritage , fashion , design , festivals , music , performing arts , publishing , radio and visual arts ; – the audiovisual sector ;


### market data , studies , anticipation skills and jobs’ tools , evaluations , policy analysis and support for statistical surveys ; ### market data , studies , anticipation skills and jobs’ tools , evaluations , policy analysis and support for statistical surveys , also with regard to the free profit - making area and the analysis of the conditions for cultural activities ;


### supporting actions enabling operators to internationalise their careers in europe and beyond ; ### supporting independent , non - profit - making actions enabling operators to secure international recognition ;


### the financial allocation for the programme may also cover expenses pertaining to preparatory , monitoring , control , audit and evaluation activities which are required directly for the management of the programme and the achievement of its objectives ; in particular , studies , meetings of experts , information and communication actions , including corporate communication of the political priorities of the european union as far as they are related to the general objectives of this regulation , expenses linked to it networks focusing on information processing and exchange , together with all other technical and administrative assistance expenses incurred by the commission for the management of the programme . ### the financial allocation for the programme may also cover expenses pertaining to preparatory , monitoring , control , audit and evaluation activities which are required directly for the management of the programme and the achievement of its objectives ; in particular , studies , meetings of experts , information and communication actions , including corporate communication of the political priorities of the european union as far as they are related to the general objectives of this regulation , expenses linked to it networks focusing on information processing and exchange , together with all other technical and administrative assistance expenses incurred by the commission for the management of the programme . this allocation must be clearly defined and visible .


### selection of intermediaries ### selection of intermediaries financial intermediaries with substantial experience in the financing of smes in the creative industries and in small countries shall be prioritised in the selection process so that : – all cultural and creative sectors can benefit from this financial instrument ; financial intermediaries shall be selected on the basis of their ability to create diversified loan portfolios , and having regard to the financing needs of smes in the various cultural and creative sectors in accordance with the results of the relevant study authorised by the commission . – certain european operators’ experience in the cultural and creative sectors can be put to good use . for example , the experience of the institute for the funding of cinema and cultural industries should be tapped .


### capacity building under the cultural and creative sectors facility is essentially the provision of expert services to the financial intermediaries signing a facility agreement under the cultural and creative sectors facility , with the objective of providing each financial intermediary with additional expertise and capacity to evaluate risks associated to financing the cultural and creative sectors . additionally , operators in the cultural and creative sectors could benefit from this capacity building by developing the appropriate skills to elaborate business plans and to prepare accurate information of their projects that would help the financial intermediary evaluate the cultural and creative projects in an efficient way . ### capacity building under the cultural and creative sectors facility is essentially the provision of expert services to the financial intermediaries signing a facility agreement under the cultural and creative sectors facility , with the objective of providing each financial intermediary with additional expertise and capacity to evaluate risks associated to financing the cultural and creative sectors . additionally , operators in the cultural and creative sectors could benefit from this capacity building by developing the appropriate skills to elaborate business plans and to prepare accurate information of their projects that would help the financial intermediary evaluate the cultural and creative projects in an efficient way . european financial intermediaries with specific experience in the financing of the cultural and creative sectors shall be prioritised in the selection .


### the current proposal is the fourth directive to deal with the threat of money laundering . council directive 91 / 308 / eec of 10 june 1991 on prevention of the use of the financial system for the purpose of money laundering25 defined money laundering in terms of drugs offences and imposed obligations solely on the financial sector . directive 2001 / 97 / ec of the european parliament and of the council of december 2001 amending council directive 91 / 308 / eec26 extended the scope both in terms of the crimes covered and the range of professions and activities covered . in june 2003 the financial action task force revised its recommendations to cover terrorist financing , and provided more detailed requirements in relation to customer identification and verification , the situations where a higher risk of money laundering may justify enhanced measures and also situations where a reduced risk may justify less rigorous controls . these changes were reflected in directive 2005 / 60 / ec of the european parliament and of the council of 26 october 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing27 and commission directive 2006 / 70 / ec of 1 august 2006 laying down implementing measures for directive 2005 / 60 / ec of the european parliament and of the council as regards the definition of politically exposed person and the technical criteria for simplified customer due diligence procedures and for exemption on grounds of a financial activity conducted on an occasional or very limited basis28 . __________________ 25 oj l 166 , 28 . 6 . 1991 , p . 77 . 26 oj l 344 , 28 . 12 . 2001 , p . 76 . 27 oj l 309 , 25 . 11 . 2005 , p . 15 . 28 oj l 214 , 4 . 8 . 2006 , p . 29 . ### the current proposal is the fourth directive to deal with the threat of money laundering . council directive 91 / 308 / eec of 10 june 1991 on prevention of the use of the financial system for the purpose of money laundering25 defined money laundering in terms of drugs offences and imposed obligations solely on the financial sector . directive 2001 / 97 / ec of the european parliament and of the council of december 2001 amending council directive 91 / 308 / eec26 extended the scope both in terms of the crimes covered and the range of professions and activities covered . in june 2003 the financial action task force revised its recommendations to cover terrorist financing , and provided more detailed requirements in relation to customer identification and verification , the situations where a higher risk of money laundering may justify enhanced measures and also situations where a reduced risk may justify less rigorous controls . these changes were reflected in directive 2005 / 60 / ec of the european parliament and of the council of 26 october 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing27 and commission directive 2006 / 70 / ec of 1 august 2006 laying down implementing measures for directive 2005 / 60 / ec of the european parliament and of the council as regards the definition of politically exposed person and the technical criteria for simplified customer due diligence procedures and for exemption on grounds of a financial activity conducted on an occasional or very limited basis28 . in implementing the fatf recommendations , the european union should fully respect its data protection law , as well as the provisions of the eu charter of fundamental rights and of the european convention on human rights . __________________ 25 oj l 166 , 28 . 6 . 1991 , p . 77 . 26 oj l 344 , 28 . 12 . 2001 , p . 76 . 27 oj l 309 , 25 . 11 . 2005 , p . 15 . 28 oj l 214 , 4 . 8 . 2006 , p . 29 .