### the commission shall ensure that the european border and coast guard agency and where appropriate , eu - lisa , are associated with the process of developing the programmes of member states at an early stage , in so far as it falls within the agencies’ competencies . ### the commission and the european parliament shall ensure that the european border and coast guard agency and , where appropriate , eu - lisa are associated with the process of developing the programmes of member states at an early stage , in so far as it falls within the agencies’ competencies .


### supporting effective european integrated border management at the external borders implemented by the european border and coast guard as a shared responsibility of the european border and coast guard agency and of the national authorities responsible for border management , to facilitate legitimate border crossings , to prevent and detect illegal immigration and cross - border crime and to effectively manage migratory flows ; ### supporting effective european integrated border management at the external borders implemented by the european border and coast guard as a shared responsibility of the european border and coast guard agency and of the national authorities responsible for border management , to facilitate legitimate border crossings , to prevent and detect irregular immigration and cross - border crime and to effectively manage migratory flows while ensuring respect for the right of asylum and applying the principles of solidarity and equitable burden - sharing ;


### the commission shall , where relevant , associate the european border and coast guard agency with the process of examination on the most appropriate approach to address the recommendations with the support of this instrument . ### the commission shall , where relevant , associate the european border and coast guard agency , eu - lisa , the european union agency for fundamental rights and any other relevant agency or body with the process of examination on the most appropriate approach to address the recommendations with the support of this instrument .


### with a view to improving the management of the external borders , to contribute to preventing and combating irregular migration and to contribute to a high level of security within the area of freedom , security and justice of the union , the instrument should support the development of large - scale it systems , based on existing or new it systems . it should also support the setting - up of interoperability between those eu information systems 23 , the visa information system 24 , the european travel information and authorisation system 25 , eurodac26 , the schengen information system 27and the european criminal records information system for third - country nationals ) 28in the member states , in order for these eu information systems and their data to supplement each other . the instrument should also contribute to the necessary developments at national level following the implementation of the interoperability components at central level , a shared biometric matching service , a common identity repository and a multiple - identity detector ) 29 . _________________ 23 regulation 2017 / 2226 of 30 november 2017 establishing an entry / exit system to register entry and exit data and refusal of entry data of third - country nationals crossing the external borders of the member states and determining the conditions for access to the ees for law enforcement purposes , and amending the convention implementing the schengen agreement and regulations no 767 / 2008 and no 1077 / 2011 . 24 regulation no 767 / 2008 / ec of the european parliament and of the council of 9 july 2008 concerning the visa information system and the exchange of data between member states on short - stay visas . 25 com 731 final of 16 november 2016 . 26 com 272 final / 2 of 4 may 2016 . 27 com 881 final , 882 final and 883 final of 21 december 2016 . 28 com 344 final of 29 june 2017 . 29 com 794 final of 12 december 2017 . ### with a view to improving the management of the external borders , to facilitating legitimate travel , to contributing to preventing and combating irregular border crossing and to ensuring a high level of security within the area of freedom , security and justice of the union , the instrument should support the development of those large - scale it systems approved by the european parliament and the council . with this in mind , it should also support the setting up of interoperability between those eu information systems , the entry - exit system 23 , the visa information system 24 and the schengen information system . _________________ 23 regulation 2017 / 2226 of 30 november 2017 establishing an entry / exit system to register entry and exit data and refusal of entry data of third - country nationals crossing the external borders of the member states and determining the conditions for access to the ees for law enforcement purposes , and amending the convention implementing the schengen agreement and regulations no 767 / 2008 and no 1077 / 2011 . 24 regulation no 767 / 2008 / ec of the european parliament and of the council of 9 july 2008 concerning the visa information system and the exchange of data between member states on short - stay visas .


### whenever a member state decides to implement actions with or in a third country with the support of the instrument relating to monitoring , detection , identification , tracking , prevention and interception of unauthorised border crossings for the purpose of detecting , preventing and combating illegal immigration and cross - border crime or contributing to the protection and saving the lives of migrants , it shall ensure that it has notified the commission of any bilateral or multilateral cooperation agreement with that third country in accordance with article 20 of regulation no 1052 / 2013 . ### whenever , exceptionally , a member state decides to implement actions with or in a third country for the purpose of detecting , preventing and combating cross - border crime or contributing to the protection and saving the lives of migrants , it shall ensure that it has notified the commission of any bilateral or multilateral cooperation agreement with that third country in accordance with article 20 of regulation no 1052 / 2013 . parliament shall also be informed of these agreements financed with european funds , and the member states shall ensure full respect for the principle of non - refoulement , including in actions occurring on the high seas .


### supporting , within the scope of this regulation , member states facing existing or potential disproportionate migratory pressure at the eu’s external borders , including through technical and operational reinforcement , as well as by deploying migration management support teams in hotspot areas . ### supporting , within the scope of this regulation , member states facing arrivals of significant numbers of migrants .


### for the purposes of the initial allocation , the report referred to in paragraph 10 shall identify the average level of threat of each border section based on the latest average figures covering the preceding 36 months on the date of the applicability of this regulation . for the purposes of the mid - term review , the report referred to in paragraph 10 shall identify the average level of threat of each border section based on the latest average figures covering the preceding 36 months available at the time of the mid - term review in 2024 . it shall determine the following specific weighting factors per section applying the threat levels as defined in regulation no 1052 / 2013 : ### for the purposes of the initial allocation , the report referred to in paragraph 10 shall identify the workload at the borders . for the purposes of the mid - term review , the report referred to in paragraph 10 shall identify the average level of threat of each border section based on the latest average figures covering the preceding 36 months available at the time of the mid - term review in 2024 . it shall determine the following specific weighting factors per section applying the threat levels as defined in regulation no 1052 / 2013 :


### the commission may associate the european border and coast guard agency , and where appropriate , eu - lisa , with monitoring and evaluation tasks as referred to in section 5 , in particular in view of ensuring that the actions implemented with the support of the instrument are compliant with the relevant union acquis and agreed union priorities . ### the commission and the european parliament may associate the european border and coast guard agency , and , where appropriate , eu - lisa , with monitoring and evaluation tasks as referred to in section 5 , in particular with a view to ensuring that the actions implemented with the support of the instrument are compliant with the relevant union acquis and agreed union priorities .


### development of statistical tools , methods and indicators ; ### development of statistical tools , methods and indicators , observing the principle of non - discrimination and the right to protection of personal data ;


### the commission may associate the european border and coast guard agency , and where appropriate , eu - lisa , with monitoring and evaluation tasks as referred to in section 5 , in particular in view of ensuring that the actions implemented with the support of the instrument are compliant with the relevant union acquis and agreed union priorities . ### the commission may associate , where appropriate , the european border and coast guard agency , eu - lisa , the european union agency for fundamental rights , and any other relevant agency with monitoring and evaluation tasks as referred to in section 5 , in particular in view of ensuring that the actions implemented with the support of the instrument are compliant with the relevant union acquis and agreed union priorities .


### with a view to improving the management of the external borders , to contribute to preventing and combating irregular migration and to contribute to a high level of security within the area of freedom , security and justice of the union , the instrument should support the development of large - scale it systems , based on existing or new it systems . it should also support the setting - up of interoperability between those eu information systems 23 , the visa information system 24 , the european travel information and authorisation system 25 , eurodac26 , the schengen information system 27 and the european criminal records information system for third - country nationals ) 28 in the member states , in order for these eu information systems and their data to supplement each other . the instrument should also contribute to the necessary developments at national level following the implementation of the interoperability components at central level , a shared biometric matching service , a common identity repository and a multiple - identity detector ) 29 . __________________ 23 regulation 2017 / 2226 of 30 november 2017 establishing an entry / exit system to register entry and exit data and refusal of entry data of third - country nationals crossing the external borders of the member states and determining the conditions for access to the ees for law enforcement purposes , and amending the convention implementing the schengen agreement and regulations no 767 / 2008 and no 1077 / 2011 . 24 regulation no 767 / 2008 / ec of the european parliament and of the council of 9 july 2008 concerning the visa information system and the exchange of data between member states on short - stay visas . 25 com 731 final of 16 november 2016 . 26 com 272 final / 2 of 4 may 2016 . 27 com 881 final , 882 final and 883 final of 21 december 2016 . 28 com 344 final of 29 june 2017 . 29 com 794 final of 12 december 2017 . ### with a view to improving the management of the external borders , to facilitating legitimate travel , to contributing to the prevention and combatting of irregular border crossing and to contributing to a high level of security within the area of freedom , security and justice of the union , the instrument should support the development of those large - scale it systems that have been agreed upon by the european parliament and the council . in that regard , it should also support the setting - up of interoperability between those eu information systems 23 , the visa information system 24 , the european travel information and authorisation system 25 , eurodac26 , the schengen information system 27 and the european criminal records information system for third - country nationals ) 28 in the member states , in order for these eu information systems and their data to supplement each other . the instrument should also contribute to the necessary developments at national level following the implementation of the interoperability components at central level , a shared biometric matching service , a common identity repository and a multiple - identity detector ) 29 . __________________ 23 regulation 2017 / 2226 of 30 november 2017 establishing an entry / exit system to register entry and exit data and refusal of entry data of third - country nationals crossing the external borders of the member states and determining the conditions for access to the ees for law enforcement purposes , and amending the convention implementing the schengen agreement and regulations no 767 / 2008 and no 1077 / 2011 . 24 regulation no 767 / 2008 / ec of the european parliament and of the council of 9 july 2008 concerning the visa information system and the exchange of data between member states on short - stay visas . 25 com 731 final of 16 november 2016 . 26 com 272 final / 2 of 4 may 2016 . 27 com 881 final , 882 final and 883 final of 21 december 2016 . 28 com 344 final of 29 june 2017 . 29 com 794 final of 12 december 2017 .


### as part of the integrated border management fund , the policy objective of the instrument shall be ensuring strong and effective european integrated border management at the external borders while safeguarding the free movement of persons within it , in full compliance with the union ' s commitments on fundamental rights , thereby contributing to guaranteeing a high level of security in the union . ### as part of the integrated border management fund , the policy objective of the instrument shall be ensuring effective and fair european integrated border management at the external borders while safeguarding the security and free movement of persons within it and furthering legal pathways to it , notably by supporting the introduction of the european humanitarian visa , in full compliance with the union ' s obligations and the commitments incumbent upon the union and the member states under the international instruments to which they are signatories , in particular as regards fundamental rights .


### in 2024 the commission shall allocate to the programmes of member states concerned the additional amount referred to in article&#160 ; 10 in accordance with the criteria referred to in paragraph 1 of and in paragraphs 2 to 11 of annex i . the allocation shall be based on the latest available statistical data for the criteria referred to in paragraph 1 and in paragraphs 2 to 11 of annex i . funding shall be effective for the period as of the calendar year 2025 . ### in 2024 the commission , after consulting the european parliament , shall allocate to the programmes of member states concerned the additional amount referred to in article&#160 ; 10 in accordance with the criteria referred to in paragraph 1 of and in paragraphs 2 to 11 of annex i . the allocation shall be based on the latest available statistical data for the criteria referred to in paragraph 1 and in paragraphs 2 to 11 of annex i . funding shall be effective for the period as of the calendar year 2025 .


### following the adoption of a financing decision as referred to in paragraph 3 , the commission may amend the programmes implemented under shared management accordingly . ### following the adoption of a work programme as referred to in paragraph 6 , the commission may amend the programmes implemented under shared management accordingly .


### the commission shall carry out a mid - term and a retrospective evaluation of this regulation , including the actions implemented under this instrument . ### by 30 september 2024 at the latest , the commission shall carry out a mid - term review of the progress made towards achieving the objectives of this regulation , with particular reference to the production and performance indicators defined in annex viii and the annual performance reports submitted by the member states pursuant to article 27 . by the same date , the commission shall submit to the european parliament and the council an evaluation report on the mid - term review undertaken . as part of its mid - term review and retrospective evaluation , the commission shall pay particular attention to the assessment of actions carried out by , or in relation to , third countries in accordance with article 5a and article 12 and of this regulation , and with the conditions of authorisation referred to in article 11 of regulation . . . / . . . [ cpr ] in relation to the provisions of article 3 of this regulation .


### secondment of joint liaison officers to third countries as defined in regulation no … / … [ new ilo regulation ] 69and secondment of border guards and other relevant experts to member states or from a member state to a third country , reinforcement of cooperation and operational capacity of networks of experts or liaison officers , as well as exchange of best practices and boosting the capacity of european networks to assess , promote , support and develop union policies ; _________________ 69 oj l [ … ] , [ … ] . p . ### secondment of joint liaison officers to third countries as defined in regulation no … / … [ new ilo regulation ] 69 and secondment of border guards and other relevant experts to member states , reinforcement of cooperation and operational capacity of networks of experts or liaison officers , as well as exchange of best practices and boosting the capacity of european networks to assess , promote , support and develop union policies ; _________________ 69 oj l [ … ] , [ … ] . p .


### third country listed in the work programme under the conditions specified therein . ### a third country listed in the work programme under the conditions specified therein , subject to the condition that all actions by , in , or in relation to that third country fully respect the rights and principles enshrined in the charter of fundamental rights of the european union , and the international obligations of the union and the member states .


### whenever a member state decides to implement projects with or in a third country with the support of the instrument , the member state concerned shall consult the commission prior to the start of the project . ### before a member state decides to implement projects with , in or in relation to a third country with the support of the instrument , it shall ensure that all actions proposed by , in or in relation to that third country comply with the international obligations of the union and that member state , and that they fully respect the rights and principles enshrined in the charter of fundamental rights of the european union . the member state concerned shall consult the commission prior to the start of the project including on ensuring that the above conditions are fulfilled .


### the instrument may support technical assistance measures implemented at the initiative of , or on behalf of , the commission . those measures may be financed at the rate of 100% . ### the instrument may support technical assistance measures implemented at the initiative of , or on behalf of , the commission , after consulting the european parliament . those measures may be financed at the rate of 100 % .


### measures in and in relation to third countries supported through the instrument should be implemented in full synergy and coherence with and should complement other actions outside the union supported through the union ' s external financing instruments . in particular , in implementing such actions , full coherence should be sought with the principles and general objectives of the union’s external action and foreign policy related to the country or region in question . in relation to the external dimension , the instrument should target support to enhance cooperation with third countries and to reinforce key aspects of their border surveillance and border management capabilities in areas of interest to the union’s migration policy and union’s security objectives . ### the primary purpose of this instrument should be to support integrated border management at the union’s external borders and to support the common visa policy . however , within defined limits and subject to the appropriate safeguards , certain measures in and in relation to third countries could be supported through the instrument . those measures should be implemented in full synergy and coherence with and should complement other actions outside the union supported through the union ' s external financing instruments . in particular , in implementing such actions , full coherence should be sought with the principles and general objectives of the union’s external action and foreign policy related to the country or region in question .


### with a view to improving the management of the external borders , to contribute to preventing and combating irregular migration and to contribute to a high level of security within the area of freedom , security and justice of the union , the instrument should support the development of large - scale it systems , based on existing or new it systems . it should also support the setting - up of interoperability between those eu information systems 23 , the visa information system 24 , the european travel information and authorisation system 25 , eurodac26 , the schengen information system 27and the european criminal records information system for third - country nationals ) 28in the member states , in order for these eu information systems and their data to supplement each other . the instrument should also contribute to the necessary developments at national level following the implementation of the interoperability components at central level , a shared biometric matching service , a common identity repository and a multiple - identity detector ) 29 . _________________ 23 regulation 2017 / 2226 of 30 november 2017 establishing an entry / exit system to register entry and exit data and refusal of entry data of third - country nationals crossing the external borders of the member states and determining the conditions for access to the ees for law enforcement purposes , and amending the convention implementing the schengen agreement and regulations no 767 / 2008 and no 1077 / 2011 . 24 regulation no 767 / 2008 / ec of the european parliament and of the council of 9 july 2008 concerning the visa information system and the exchange of data between member states on short - stay visas . 25 com 731 final of 16 november 2016 . 26 com 272 final / 2 of 4 may 2016 . 27 com 881 final , 882 final and 883 final of 21 december 2016 . 28 com 344 final of 29 june 2017 . 29 com 794 final of 12 december 2017 . ### with a view to improving the management of the external borders , to facilitating legitimate travel , to contributing to preventing and combating irregular border crossing and to ensuring a high level of security within the area of freedom , security and justice of the union , the instrument should support the development of those large - scale it systems approved by the european parliament and the council . with this in mind , it should also support the setting up of interoperability between those eu information systems , the entry - exit system 23 , the visa information system 24 and the schengen information system . _________________ 23 regulation 2017 / 2226 of 30 november 2017 establishing an entry / exit system to register entry and exit data and refusal of entry data of third - country nationals crossing the external borders of the member states and determining the conditions for access to the ees for law enforcement purposes , and amending the convention implementing the schengen agreement and regulations no 767 / 2008 and no 1077 / 2011 . 24 regulation no 767 / 2008 / ec of the european parliament and of the council of 9 july 2008 concerning the visa information system and the exchange of data between member states on short - stay visas .


### following the adoption of a financing decision as referred to in paragraph 3 , the commission may amend the programmes implemented under shared management accordingly . ### following the adoption of a financing decision as referred to in paragraph 3 , the commission , after consulting the european parliament , may amend the programmes implemented under shared management accordingly .


### european integrated border management , as implemented by the european border and coast guard , established by regulation 2016 / 1624 of the european parliament and of the council13 , composed of the european border and coast guard agency and the national authorities responsible for border management , including coast guards to the extent that they carry out border control tasks , is necessary for improving migration management and security . __________________ 13 regulation 2016 / 1624 of the european parliament and of the council of 14 september 2016 on the european border and coast guard and amending regulation 2016 / 399 of the european parliament and of the council and repealing regulation no 863 / 2007 of the european parliament and of the council , council regulation no 2007 / 2004 and council decision 2005 / 267 / ec . ### european integrated border management , as implemented by the european border and coast guard , established by regulation 2016 / 1624 of the european parliament and of the council13 , composed of the european border and coast guard agency and the national authorities responsible for border management , including coast guards to the extent that they carry out border control tasks , should help to harmonise border control , thus improving migration management - including facilitating access to international protection for those in need of it - and providing increased security . __________________ 13 regulation 2016 / 1624 of the european parliament and of the council of 14 september 2016 on the european border and coast guard and amending regulation 2016 / 399 of the european parliament and of the council and repealing regulation no 863 / 2007 of the european parliament and of the council , council regulation no 2007 / 2004 and council decision 2005 / 267 / ec .


### supporting effective european integrated border management at the external borders implemented by the european border and coast guard as a shared responsibility of the european border and coast guard agency and of the national authorities responsible for border management , to facilitate legitimate border crossings , to prevent and detect illegal immigration and cross - border crime and to effectively manage migratory flows ; ### supporting effective european integrated border management at the external borders implemented by the european border and coast guard as a shared responsibility of the european border and coast guard agency and of the national authorities responsible for border management , to facilitate legitimate border crossings , to prevent and detect irregular immigration and cross - border crime and to effectively manage migratory movements while ensuring respect for the right of asylum ;


### as regards operating equipment , including means of transport , and communication systems required for effective and secure border control purchased with the support of this instrument , the following shall apply : ### as regards operating equipment , including means of transport and communication systems required for effective and secure border control , and search and rescue operations , purchased with the support of this instrument , the following shall apply :


### part of the available resources under the instrument could also be allocated to member states’ programmes for the implementation of specific actions in addition to their initial allocation . these specific actions should be identified at union level and should concern actions which require cooperative effort or actions necessary to address developments in the union which require additional funding to be made available to one or more member states , such as the purchase through the national programmes of member states of technical equipment needed by the european border and coast guard agency to perform its operational activities , the modernisation of the processing of visa applications , the development of new large - scale it systems and the setting - up of interoperability between those systems . these specific actions will be defined by the commission in its work programmes . ### part of the available resources under the instrument could also be allocated to member states’ programmes for the implementation of specific actions in addition to their initial allocation . these specific actions should be identified at union level and should concern actions which require cooperative effort among member states or actions necessary to address developments in the union which require additional funding to be made available to one or more member states , such as the purchase through the national programmes of member states of technical equipment needed by the european border and coast guard agency to perform its operational activities , the modernisation of the processing of visa applications , the development of new large - scale it systems and the setting - up of interoperability between those systems . these specific actions will be defined by the commission in its work programmes .


### actions developing innovative methods or deploying new technologies with a potential for transferability to other member states , in particular deploying the results of security research projects where such deployment has been identified by the european border and coast guard agency , acting under article 37 of regulation 2016 / 1624 , as contributing to the development of operational capabilities of the european border and coast guard ; ### actions developing innovative methods or deploying new technologies with a potential for transferability to other member states , in particular deploying the results of security research projects where such deployment has been identified by the european border and coast guard agency , acting under article 37 of regulation 2016 / 1624 , as contributing to the development of operational capabilities of the european border and coast guard . innovative methods and new technologies of this type shall be fully in accordance with fundamental rights and the right to protection of personal data ;


### the instrument shall provide financial assistance to address urgent and specific needs in the event of an emergency situation resulting from an urgent and exceptional pressure where a large or disproportionate number of third - country nationals have crossed , are crossing or are expected to cross the external borders of one or more member states , in particular at border sections where the impact level has been identified as such that it jeopardises the functioning of the whole schengen area , or any other situation of urgent and exceptional pressure within the scope of this regulation that requires immediate action . ### the instrument shall provide , on an exceptional basis , financial assistance to address urgent and specific needs in the event of a duly justified emergency situation and as a last resort .


### in the context of evolving migratory challenges in the european union , as well as security concerns , preserving the careful balance between free movement of persons on the one hand , and security on the other is of utmost importance . the union ' s objective of ensuring a high level of security within an area of freedom , security and justice pursuant to article 67 of the treaty on the functioning of the union should be achieved , among others , through common measures on the crossing of internal borders by persons and on border controls at external borders and the common visa policy . ### in the context of how challenges facing the union are evolving , preserving the careful balance between free movement of persons on the one hand , and security on the other is of utmost importance . the union ' s objective of ensuring a high level of security within an area of freedom , security and justice pursuant to article&#160 ; 67 of the treaty on the functioning of the european union should be achieved , among others , through common measures on the crossing of internal borders by persons and on border controls at external borders and the common visa policy .


### reinforcing the capacities for carrying out checks and surveillance at the external borders , including measures to prevent and detect cross - border crime , such as migrant smuggling , trafficking in human beings and terrorism ; ### reinforcing the capacities for carrying out checks and surveillance at the external borders , including measures to facilitate legitimate border crossings and , where appropriate , measures related to the prevention and detection of cross - border crime , such as migrant smuggling , trafficking in human beings and terrorism , and measures related to the referral of persons who are in need of , or wish to apply for , international protection ;


### each member state shall ensure that the priorities addressed in its programme are consistent with and respond to the union priorities and challenges in the area of border management and visa , and that they are fully in line with the relevant union acquis and agreed union priorities . in defining the priorities of their programmes , member states shall ensure that the implementing measures as set out in annex ii are adequately addressed . ### each member state shall ensure that the priorities addressed in its programme are consistent with and respond to the union priorities and challenges in the area of border management and visa , and that they are fully in line with the relevant union acquis and agreed union priorities , and the international obligations of the union and member states arising from international instruments to which they are signatories . in defining the priorities of their programmes , member states shall ensure that the implementing measures as set out in annex ii are adequately addressed .


### where necessary , the programme in question shall be amended to take into account the recommendations referred to in paragraph 5 . depending on the impact of the adjustment , the revised programme may be approved by the commission . ### where necessary , the programme in question shall be amended to take into account the recommendations referred to in paragraph 5 . depending on the impact of the adjustment , the revised programme may be approved by the commission after consulting the european parliament .


### identification , fingerprinting , registration , security checks , debriefing , provision of information , medical and vulnerability screening and , where necessary , medical care as well as referral of third country nationals to the appropriate procedure at the external borders , in particular in hotspot areas ; ### debriefing , provision of information , medical and vulnerability screening and , where necessary , medical care as well as referral of third country nationals to the appropriate procedure at the external borders ;


### enhancing inter - agency cooperation at national level among the national authorities responsible for border control or for tasks carried out at the border , and at eu level between the member states , or between the member states , on the one hand , and the relevant union bodies , offices and agencies or third countries , on the other ; ### enhancing inter - agency cooperation at national level among the national authorities responsible for border control or for tasks carried out at the border , and at eu level between the member states , or between the member states , on the one hand , and the relevant union bodies , offices and agencies , on the other ;


### legal entities participating in consortia of at least two independent entities , established in different member states or overseas countries or territories linked to those states or in third countries , are eligible . ### legal entities participating in consortia of at least two independent entities , established in different member states or overseas countries or territories linked to those states are eligible . article 6 applies when international organisations participating in a consortium are established in a third country .


### since the objectives of this regulation , which are to optimise utilisation of immigration liaison officers deployed by member states , commission and eu agencies to third countries in order to more effectively implement union priorities regarding preventing and combatting illegal immigration , facilitating return , readmission and reintegration , contributing to integrated management of union’s external borders , as well as supporting management of legal immigration or international protection schemes , cannot be sufficiently achieved by the member states alone but are better achieved through coordination at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on 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 , which are to optimise utilisation of migration liaison officers deployed by member states , commission and union agencies to third countries and to set out obligations to enhance cooperation and the exchange of information through the creation of local and regional networks , in order to more effectively implement union priorities in the area of migration , voluntary return and reintegration , contributing to integrated management of the union’s external borders as well as supporting management of legal migration or international protection schemes , in full respect of humanitarian and human rights obligations , cannot be sufficiently achieved by the member states alone but are better achieved through coordination at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality as set out in that article , this regulation does not go beyond what is necessary to achieve those objectives .


### since the objectives of this regulation , which are to optimise utilisation of immigration liaison officers deployed by member states , commission and eu agencies to third countries in order to more effectively implement union priorities regarding preventing and combatting illegal immigration , facilitating return , readmission and reintegration , contributing to integrated management of union’s external borders , as well as supporting management of legal immigration or international protection schemes , cannot be sufficiently achieved by the member states alone but are better achieved through coordination at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on 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 , which are to optimise utilisation of immigration liaison officers deployed by member states , commission and union agencies to third countries in order to more effectively implement union priorities regarding preventing and combatting illegal immigration , facilitating return , readmission and reintegration , contributing to integrated management of union’s external borders , as well as supporting management of legal immigration or international protection schemes , cannot be sufficiently achieved by the member states alone but are better achieved through coordination at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on 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 .


### the sharp increase of mixed migratory flows in 2015 and 2016 has put under pressure migration , asylum and border management systems and called for a coordinated and effective european response . ### the sharp increase in forced migration in 2015 and 2016 revealed the structural limitations of the policy of welcoming refugees and migrants , and put under pressure migration , asylum and border management systems , particularly in member states located at the union ' s external borders . as european solidarity weakened , a supportive , coordinated , complete and effective european response ought to have been put in place that complied fully with the international obligations incumbent on member states , particularly in the field of international protection .


### member states authorities should ensure that strategic and operational analytical products of the union agencies in relation to illegal immigration , return , cross - border criminality or international protection and resettlement effectively reach immigration liaison officers in third countries and that the information provided by immigration liaison officers is shared with the relevant union agencies – in particular the european border and coast guard agency , europol and the european union asylum agency within the scope of their respective legal frameworks . ### member states authorities should ensure that strategic and operational analytical products of the union agencies in relation to migration statistics , human trafficking or international protection and resettlement effectively reach immigration liaison officers in third countries and that the information provided by immigration liaison officers is shared with the relevant union agencies , the european union asylum agency and the european union agency for fundamental rights within the scope of their respective legal frameworks .


### in order to ensure the most effective use of information collected by the networks of immigration liaison officers , such information should be available through a secure web - based information exchange platform . ### in order to ensure the most effective use of information collected by the networks of immigration liaison officers , such information should be available through a secure web - based information exchange platform which fully respects the right to the protection of personal data .


### respecting human rights standards remains a fundamental principle of the union in addressing the migration crisis . the union is committed to protect the human rights and fundamental freedoms of all migrants , regardless of their migratory status , in full compliance with international law . ### respecting human rights standards is a fundamental principle of the union in addressing the migration crisis . the union is committed to protecting the human rights and fundamental freedoms of all migrants , regardless of their migratory status and without discrimination concerning their origin , nationality , or actual or presumed religion , in full compliance with international law .


### five years after the date of adoption of this regulation , the commission shall report to the european parliament and the european council on the application of the regulation . ### no later than two years after the adoption of this regulation and every two years thereafter , the commission shall report to the european parliament and to the council on the application of the regulation .


### to ensure the effective implementation of the union policies on immigration in all their aspects , consistent dialogue and cooperation should be pursued with key third countries of origin and transit of migrants and asylum seekers . such cooperation should provide for better management of immigration , including departures and returns , contribute to the stabilisation of migrants ' flows , support capacity to gather and share information , and prevent and counter migrant smuggling and trafficking in human beings , as well as asylum seekers ' access to protection . ### to ensure the effective implementation of union policies on migration in all their aspects , not restricting these policies to forced migration and taking account in them of both the arrival and departure of third country nationals , consistent dialogue and cooperation should be pursued with key third countries , in order in particular to ensure migrants ' human rights are promoted and protected . such cooperation should provide for better management of migration in full respect of human rights , including by addressing and effectively tackling the root causes of forced displacement and migration , and should support capacity to gather and share information , and prevent and counter migrant smuggling and trafficking in human beings , as well as ensure access to international protection .


### the objective of union policy in the field of migration is to replace irregular and uncontrolled flows with safe and well - managed pathways through a comprehensive approach addressing all aspects of immigration . ### union policy in the field of migration should be based on actual migrant figures , a comprehensive approach based on full respect for human rights and on principles of solidarity and responsibility in order to take account of all aspects of migration , namely all movements , both arrivals and departures , irrespective of the motivation and nationality of origin of each person concerned .


### the objective of this regulation is to ensure better coordination and optimise utilisation of liaison officers deployed to third countries by member states , the commission and union agencies in order to respond more effectively to the eu priorities of preventing and combatting illegal immigration and related cross - border criminality such as smuggling of migrants and trafficking in human beings , facilitating return , readmission and reintegration activities , contributing to integrated management of union ' s external borders , as well as supporting management of legal immigration , including in the area of international protection , resettlement and pre - departure integration measures undertaken by member states and union . ### the objective of this regulation is to ensure better coordination and optimise utilisation of liaison officers deployed to third countries by member states , the commission and union agencies in the field of migration , and contribute to better management of migration and mobility in full compliance with humanitarian and human rights obligations in order to respond more effectively to the eu priorities of preventing and combating cross - border criminality , smuggling of migrants and trafficking in human beings , facilitating reintegration activities , contributing to integrated management of the union ' s external borders , as well as supporting management of legal migration , including in the area of international protection , resettlement and integration measures undertaken by member states and the union .


### the processing of personal data within the framework of this regulation should be for the purposes of rendering assistance to returning third - country nationals and facilitating the resettlement of persons in need of international protection and implementing union measures in respect of the admission of legal immigrants . a legal framework that recognises the role of immigration liaison officers in this context is therefore necessary . ### the processing of personal data within the framework of this regulation should be for the purposes of ensuring that the fundamental rights of returning third - country nationals are upheld and facilitating the resettlement of persons in need of international protection and implementing union measures regarding legislation on the mobility of returning third - country nationals . a legal framework that recognises the role of migration liaison officers in this context is therefore necessary .


### the objective of this regulation is to ensure better coordination and optimise utilisation of liaison officers deployed to third countries by member states , the commission and union agencies in order to respond more effectively to the eu priorities of preventing and combatting illegal immigration and related cross - border criminality such as smuggling of migrants and trafficking in human beings , facilitating return , readmission and reintegration activities , contributing to integrated management of union ' s external borders , as well as supporting management of legal immigration , including in the area of international protection , resettlement and pre - departure integration measures undertaken by member states and union . ### the objective of this regulation is to ensure better coordination and optimise utilisation of the various areas of expertise of liaison officers deployed to third countries by member states , the commission and union agencies in order to respond more effectively to the eu priorities of preventing irregular immigration , combating related cross - border criminality such as smuggling of migrants and trafficking in human beings , facilitating return , readmission and reintegration activities , contributing to integrated management of the union ' s external borders , and supporting management of legal immigration , including in the area of international protection , resettlement and pre - departure integration measures undertaken by member states and the union .


### since the objectives of this regulation , which are to optimise utilisation of immigration liaison officers deployed by member states , commission and eu agencies to third countries in order to more effectively implement union priorities regarding preventing and combatting illegal immigration , facilitating return , readmission and reintegration , contributing to integrated management of union’s external borders , as well as supporting management of legal immigration or international protection schemes , cannot be sufficiently achieved by the member states alone but are better achieved through coordination at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on 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 , which are to optimise utilisation of the different skills of immigration liaison officers deployed by member states , commission and eu agencies to third countries in order to more effectively implement union priorities regarding preventing irregular immigration , facilitating return , readmission and reintegration , contributing to integrated management of union’s external borders and supporting management of legal immigration or international protection schemes , cannot be sufficiently achieved by the member states alone but are better achieved through coordination at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality as set out in that article , this regulation does not go beyond what is necessary to achieve those objectives .


### since the adoption of council directive 91 / 533 / eec , 33 labour markets have undergone far - reaching changes due to demographic developments and digitalisation leading to the creation of new forms of employment , which have supported job creation and labour market growth . new forms of employment are often not as regular or stable as traditional employment relationships and lead to reduced predictability for the workers concerned , creating uncertainty as to applicable rights and social protection . in this evolving world of work , there is therefore an increased need for workers to be fully informed about their essential working conditions , which should occur in a written form and in a timely manner . in order adequately to frame the development of new forms of employment , workers in the union should also be provided with a number of new minimum rights aimed at promoting security and predictability in employment relationships while achieving upward convergence across member states and preserving labour market adaptability . __________________ 33 council directive 91 / 533 / ec of 14 october 1991 on an employer ' s obligation to inform employees of the conditions applicable to the contract or employment relationship . ### since the adoption of council directive 91 / 533 / eec , 33 labour markets have undergone far - reaching changes due to demographic developments and digitalisation leading to the creation of new forms of employment , but also due to measures that take a one - sided supply - side labour market approach aimed at liberalisation and deregulation of labour markets , which have supported the emergence of new business models . new forms of employment are often not as regular or stable as traditional employment relationships and lead to reduced predictability for the workers concerned , creating uncertainty as to applicable rights and social protection and encouraging unclear or unfair practices , thereby destabilising the labour market . in this evolving world of work , there is therefore an increased need for workers regardless of their particular field to be fully informed about their essential working conditions , which should occur in a written form and as rapidly as possible . in order adequately to frame the development of new forms of employment , workers in the union should also be provided with a number of new minimum rights aimed at promoting security and predictability in employment relationships while achieving upward convergence across member states and preserving labour market adaptability . __________________ 33 council directive 91 / 533 / ec of 14 october 1991 on an employer ' s obligation to inform employees of the conditions applicable to the contract or employment relationship .


### the information referred to in article 3 shall be provided individually to the worker in the form of a document at the latest on the first day of the employment relationship . that document may be provided and transmitted electronically as long as it is easily accessible by the worker and can be stored and printed . ### the employment relationship shall be established in a written contract of employment . the information referred to in article 3 shall be handed individually to the worker in the form of a written document , in the language of the worker , attached at the latest before the signature of the written contract . on request of the worker , that document may be provided and transmitted also electronically as long as it is easily accessible by the worker , the receipt is acknowledged and can be stored and printed .


### information on remuneration to be provided should include all elements of the remuneration , including contributions in cash or kind , directly or indirectly received by the worker in respect of his or her work . the provision of such information should be without prejudice to the freedom for employers to provide for additional elements of remuneration such as one - off payments . the fact that elements of remuneration due by law or collective agreement have not been included in that information should not constitute a reason for not providing them to the worker . ### information on remuneration to be provided should include all elements of the remuneration , including contributions in cash or kind , directly or indirectly received by the worker in respect of his or her work , additional elements of remuneration such as one - off payments . the fact that elements of remuneration due by law or collective agreement have not been included in that information should not constitute a reason for not providing them to the worker .


### workers posted or sent abroad should receive additional information specific to their situation . for successive work assignments in several member states or third countries , such as in international road transport , that information may be grouped for several assignments before the first departure and subsequently modified in case of change . where they qualify as posted workers under directive 96 / 71 / ec of the european parliament and of the council , 38 they should also be notified of the single national website developed by the host member state where they will find the relevant information on the working conditions applying to their situation . unless member states provide otherwise , these obligations apply if the duration of the work period abroad is more than four consecutive weeks . __________________ 38 directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services . ### workers posted or sent abroad should receive additional information specific to their situation . for successive work assignments in several member states or third countries , such as in international road transport , that information may be grouped for several assignments before the first departure and subsequently modified before the commencement of the relevant assignment or in case of change . where they qualify as posted workers under directive 96 / 71 / ec of the european parliament and of the council , they should also be notified of the single national website developed by the host member state where they will find the relevant information on the working conditions applying to their situation . workers posted abroad must be notified in the official language of the country where the initial employment contract is signed . __________________ 38 directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services .


### several different natural or legal persons may in practice assume the functions and responsibilities of an employer . member states should remain free to determine more precisely the person who are considered totally or partially responsible for the execution of the obligations that this directive lays down for employers , as long as all those obligations are fulfilled . member states should also be able to decide that some or all of these obligations are to be assigned to a natural or legal person who is not party to the employment relationship . member states should be able to establish specific rules to exclude individuals acting as employers for domestic workers in the household from the obligations to consider and respond to a request for a different type of employment , to provide cost - free mandatory training , and from coverage of the redress mechanism based on favourable presumptions in the case of missing information in the written statement . ### several different natural or legal persons may in practice assume the functions and responsibilities of an employer . member states should remain free to determine more precisely the person who are considered totally , partially or jointly responsible for the execution of the obligations that this directive lays down for employers , as long as all those obligations are fulfilled . member states should also be able to decide that some or all of these obligations are to be assigned to a natural or legal person who is not party to the employment relationship .


### in order to help employers to provide timely information , member states should ensure the availability of templates at national level including relevant and sufficiently comprehensive information on the legal framework applicable . these templates may be further developed at sectoral or local level , by national authorities and social partners . ### in order to help employers to provide timely information , member states should ensure the availability of templates at national level in all eu languages , including relevant and sufficiently comprehensive information on the legal framework . these templates may be further developed at sectoral or local level , by national authorities and social partners .


### member states may determine which persons are responsible for the execution of the obligations for employers laid down by this directive as long as all those obligations are fulfilled . they may also decide that all or part of these obligations shall be assigned to a natural or legal person who is not party to the employment relationship . this paragraph is without prejudice to directive 2008 / 104 / ec . ### member states may determine which persons are responsible for the execution of the obligations for employers laid down by this directive as long as all those obligations are fulfilled . they may also decide that all or part of these obligations shall be assigned to a natural or legal person who is not party to the employment relationship . this paragraph is without prejudice to directive 2008 / 104 / ec . where one or more natural or legal person who is or are directly or indirectly party to an employment relationship with a worker , they shall be jointly and severally liable for obligations laid down under this directive , appropriately and in full .


### member states shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this directive or the relevant provisions already in force concerning the rights which are within the scope of this directive . member states shall take all measures necessary to ensure that those penalties are applied . penalties shall be effective , proportionate and dissuasive . they may take the form of a fine . they may also comprise payment of compensation . ### member states shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this directive or the relevant provisions already in force concerning the rights which are within the scope of this directive . member states shall take all measures necessary to ensure that those penalties are applied . penalties shall be effective , proportionate and dissuasive . they shall also take the form of a fine and comprise an appropriate and at least proportional payment of compensation .


### the employer shall provide a written reply within one month of the request . with respect to natural persons acting as employers and micro , small , or medium enterprises , member states may provide for that deadline to be extended to no more than three months and allow for an oral reply to a subsequent similar request submitted by the same worker if the justification for the reply as regards the situation of the worker remains unchanged . ### the employer shall genuinely consider the conversion and provide an appropriately substantiated written reply within one month of the application . with respect to natural persons acting as employers and micro - entreprises , small , or medium enterprises , member states may provide for that deadline to be extended to no more than another month . in the absence of a reply to the demand for conversion within one month , the conversion is presumed to have taken effect from the first day following this period . if the application is rejected , the correctness of the grounds must be amenable to review


### the consultation on the european pillar of social rights showed the need to strengthen enforcement of union labour law to ensure its effectiveness . as regards directive 91 / 533 / eec , the refit evaluation41 confirmed that strengthened enforcement mechanisms could improve its effectiveness . it showed that redress systems based solely on claims for damages are less effective than systems that also provide for sanctions for employers who fail to issue written statements . it also showed that employees rarely seek redress during the employment relationship , which jeopardises the goal of the provision of the written statement to ensure workers are informed about their essential features of their employment relationship . it is therefore necessary to introduce enforcement provisions which ensure the use either of favourable presumptions where information about the employment relationship is not provided , or of an administrative procedure under which the employer may be required to provide the missing information and subject to sanction if it does not . that redress should be subject to a procedure by which the employer is notified that information is missing and has 15 days in which to supply complete and correct information . __________________ 41 swd205 final , page 26 . ### the consultation on the european pillar of social rights showed the need to strengthen enforcement of union labour law to ensure its effectiveness . as regards directive 91 / 533 / eec , the refit evaluation41 confirmed that strengthened enforcement mechanisms could improve its effectiveness . it showed that redress systems based solely on claims for damages are less effective than systems that also provide for sanctions for employers who fail to issue written statements . it also showed that employees rarely seek redress during the employment relationship , which jeopardises the goal of the provision of the written statement to ensure workers are informed about their essential features of their employment relationship . it is therefore necessary to introduce enforcement provisions which ensure the use of favourable presumptions where information about the employment relationship is not provided , and of an administrative procedure under which the employer may be required to provide the missing information and subject to sanction if it does not . that redress should be subject to a procedure by which the employer is notified that information is missing and has 15 days in which to supply complete and correct information . __________________ 41 swd205 final , page 26 .


### the consultation on the european pillar of social rights showed the need to strengthen enforcement of union labour law to ensure its effectiveness . as regards directive 91 / 533 / eec , the refit evaluation41 confirmed that strengthened enforcement mechanisms could improve its effectiveness . it showed that redress systems based solely on claims for damages are less effective than systems that also provide for sanctions for employers who fail to issue written statements . it also showed that employees rarely seek redress during the employment relationship , which jeopardises the goal of the provision of the written statement to ensure workers are informed about their essential features of their employment relationship . it is therefore necessary to introduce enforcement provisions which ensure the use either of favourable presumptions where information about the employment relationship is not provided , or of an administrative procedure under which the employer may be required to provide the missing information and subject to sanction if it does not . that redress should be subject to a procedure by which the employer is notified that information is missing and has 15 days in which to supply complete and correct information . __________________ 41 swd205 final , page 26 . ### the consultation on the european pillar of social rights showed the need to strengthen enforcement of union labour law to ensure its effectiveness . as regards directive 91 / 533 / eec , the refit evaluation41 confirmed that strengthened enforcement mechanisms could improve its effectiveness . it showed that redress systems based solely on claims for damages are less effective than systems that also provide for sanctions for employers who fail to issue written statements . it also showed that employees rarely seek redress during the employment relationship , which jeopardises the goal of the provision of the written statement to ensure workers are informed about their essential features of their employment relationship . it is therefore necessary to introduce enforcement provisions which ensure the use either of favourable presumptions where information about the employment relationship is not provided , or of an administrative procedure under which the employer is required to provide the missing information and subject to sanction if it does not . that redress should be subject to a procedure by which the employer is notified that information is missing and has 15 days in which to supply complete and correct information . __________________ 41 swd205 final , page 26 .


### where employers have the possibility to offer full - time or open - ended labour contracts to workers in non - standard forms of employment , a transition to more secure forms of employment should be promoted . workers should be able to request another more predictable and secure form of employment , where available , and receive a written response from the employer , which takes into account the needs of the employer and of the worker . ### where employers have the possibility to offer full - time or open - ended labour contracts to workers in non - standard forms of employment , a transition to more secure forms of employment should be promoted . workers should be able to request another more predictable and secure form of employment and receive an explanatory written response from the employer , which takes into account the needs of the employer and of the worker and justifies the decision .


### the rights and obligations set out in this directive shall apply to existing employment relationships as from [ entry into force date + 2 years ] . however , employers shall provide or complement the documents referred to in article 4 , article 5 and article 6 only upon request of a worker . the absence of such request shall not have the effect of excluding workers from the minimum rights established under this directive . ### the rights and obligations set out in this directive shall apply to existing employment relationships as from [ entry into force date + 2 years ] .


### member states shall ensure that , where a worker has not received in due time all or part of the documents referred to in article 4 , article 5 , or article 6 , and the employer has failed to rectify that omission within 15 days of its notification , one of the following systems shall apply : ### member states shall ensure that , where a worker has not received in due time all or part of the documents referred to in article 4 , 4 , article 5 , or article 6 or any piece of information referred in article 3 to 11 , and the employer has failed to rectify that omission within 15 days of the signature of the contract , the following systems shall apply :


### the worker shall benefit from favourable presumptions defined by the member state . where the information provided did not include the information referred to in points , , or of article 3 , the favourable presumptions shall include a presumption that the worker has an open - ended employment relationship , that there is no probationary period or that the worker has a full - time position , respectively . employers shall have the possibility to rebut the presumptions ; or ### the worker shall benefit from favourable presumptions , which the member state has the obligation to define . where the information provided did not include the information referred to in points , , or of article 3 , the favourable presumptions reported by the worker shall apply as agreed and shall include a presumption that the worker has an open - ended employment relationship , that there is no probationary period and that the worker has a full - time position , respectively . employers shall have the possibility to rebut the presumptions ; and


### probationary periods allow employers to verify that workers are suitable for the position for which they have been engaged while providing them with accompanying support and training . such periods may be accompanied by reduced protection against dismissal . any entry into the labour market or transition to a new position should not be subject to prolonged insecurity . as established in the european pillar of social rights , probationary periods should therefore be of reasonable duration . a substantial number of member states have established a general maximum duration of probation between three and six months , which should be considered reasonable . probationary periods may be longer than six months where this is justified by the nature of the employment such as for managerial positions and where this is in the interest of the worker , such as in the case of long illness or in the context of specific measures promoting permanent employment notably for young workers . ### probationary periods allow employers to verify that workers are suitable for the position for which they have been engaged while providing them with accompanying support and training . any entry into the labour market should not be subject to prolonged insecurity . as established in the european pillar of social rights , probationary periods should therefore be of reasonable duration . a substantial number of member states have established a general maximum duration of probation between three and six months , which should be considered reasonable and should not be extended under any circumstance . probationary periods may be longer than three months in compliance with national law and collective agreements where this is justified by the nature of the employment and where this is in the interest of the worker , such as in the case of long illness or in the context of specific measures promoting permanent employment notably for young workers .


### member states shall ensure that the information on the laws , regulations and administrative or statutory provisions or collective agreements governing the legal framework applicable which are to be communicated by employers is made generally available free of charge in a clear , transparent , comprehensive and easily accessible way at a distance and by electronic means , including through existing online portals for union citizens and businesses . ### member states shall ensure that the information on the laws , regulations and administrative or statutory provisions or generally binding collective agreements which have been declared universally applicable governing the legal framework applicable which are to be communicated by employers is made generally available free of charge in an easily accessible way at a distance and by electronic means , including through existing online portals for union citizens and businesses .


### information on social security systems should include , where relevant , sickness , maternity and equivalent , parental , paternity , old - age , invalidity , survivors ' , unemployment , pre - retirement or family benefits . information on social security protection provided by the employer should include , where relevant , coverage by supplementary pension schemes within the meaning of council directive 98 / 49 / ec36 and directive 2014 / 50 / eu of the european parliament and of the council . 37 __________________ 36 council directive 98 / 49 / ec of 29 june 1998 on safeguarding the supplementary pension rights of employed and self - employed persons moving within the community . 37 directive 2014 / 50 / eu of the european parliament and of the council of 16 april 2014 on minimum requirements for enhancing worker mobility between member states by improving the acquisition and preservation of supplementary pension rights . ### information on social security systems should include , where relevant , at least sickness , maternity and equivalent , parental , paternity , old - age , invalidity , survivors ' , unemployment , pre - retirement or family benefits and all other risks covered by regulation 883 / 2004 . information on social security protection provided by the employer should include coverage by supplementary pension schemes within the meaning of council directive 98 / 49 / ec36 and directive 2014 / 50 / eu of the european parliament and of the council . 37 __________________ 36 council directive 98 / 49 / ec of 29 june 1998 on safeguarding the supplementary pension rights of employed and self - employed persons moving within the community . 37 directive 2014 / 50 / eu of the european parliament and of the council of 16 april 2014 on minimum requirements for enhancing worker mobility between member states by improving the acquisition and preservation of supplementary pension rights .


### probationary periods allow employers to verify that workers are suitable for the position for which they have been engaged while providing them with accompanying support and training . such periods may be accompanied by reduced protection against dismissal . any entry into the labour market or transition to a new position should not be subject to prolonged insecurity . as established in the european pillar of social rights , probationary periods should therefore be of reasonable duration . a substantial number of member states have established a general maximum duration of probation between three and six months , which should be considered reasonable . probationary periods may be longer than six months where this is justified by the nature of the employment such as for managerial positions and where this is in the interest of the worker , such as in the case of long illness or in the context of specific measures promoting permanent employment notably for young workers . ### probationary periods allow employers to verify that workers are suitable for the position for which they have been engaged while providing them with accompanying support and training . such periods may be accompanied by reduced protection against dismissal . any entry into the labour market or transition to a new position should not be subject to prolonged insecurity . probationary periods must not be made into mechanisms for exploiting workers in that they are guaranteed employment for prolonged periods on low wages and then dismissed at the end of the probationary period . this would be a way of replacing fixed - term contracts with more precarious contracts , with women once again bearing the brunt of this . probationary periods should not exceed three months and should ideally be shorter . probationary periods may exceed three months in duly justified cases , such as when the technical complexity of the work or the high degree of responsibility in the worker ' s post justifies this or where the worker is appointed to a managerial position . member states should pass legislation defining the cases in which exceptions may exceed the three - month probationary period and the corresponding appropriate periods .


### member states shall ensure that where employers are required by union or national legislation or relevant collective agreements to provide training to workers to carry out the work for which they are employed , such training shall be provided cost - free to the worker . ### member states shall ensure that where employers are required by union or national legislation or relevant collective agreements to provide any training or education to workers to carry out the work for which they are employed , such training or education shall be provided cost - free to the worker .


### member states may provide for longer probationary periods in cases where this is justified by the nature of the employment or is in the interest of the worker . ### member states can establish longer probationary periods in cases where this is justified by the nature of the employment or is in the interest of the worker . such periods cannot exceed six months .


### member states shall ensure that , where a worker has not received in due time all or part of the documents referred to in article 4 , article 5 , or article 6 , and the employer has failed to rectify that omission within 15 days of its notification , one of the following systems shall apply : ### member states shall ensure that , where a worker has not received in due time all or part of the documents referred to in article 4 , article 5 , or article 6 the following systems shall apply :


### the worker shall have the possibility to submit a complaint to a competent authority in a timely manner . if the competent authority finds that the complaint is justified , it shall order the relevant employer to provide the missing information . if the employer does not provide the missing information within 15 days following receipt of the order , the authority shall be able to impose an appropriate administrative penalty , even if the employment relationship has ended . employers shall have the possibility to lodge an administrative appeal against the decision imposing the penalty . member states may designate existing bodies as competent authorities . ### the worker shall have the possibility to submit a complaint to a competent authority in a timely manner . if the competent authority finds that the complaint is justified , it shall order the relevant employer to provide the missing information . if the employer does not provide the missing information within 15 days following receipt of the order , the authority shall be able to impose an appropriate , pre - established mandatory and dissuasive penalty , even if the employment relationship has ended . employers shall have the possibility to lodge an appeal against the decision imposing the penalty . member states may designate existing bodies as competent authorities .


### member states may allow social partners to conclude collective agreements , in conformity with the national law or practice , which , while respecting the overall protection of workers , establish arrangements concerning the working conditions of workers which differ from those referred to in articles 7 to 11 . ### social partners can conclude collective agreements , including collective agreements concluded by the most representative social partners at the national level , in conformity with the national law or practice , which , while respecting the overall protection of workers and providing more favourable working conditions , establish arrangements concerning the working conditions of workers which differ from this directive . any such collective agreement can only be challenged in accordance with national law and / or practice .


### employers may however lay down conditions of incompatibility where such restrictions are justified by legitimate reasons such as the protection of business secrets or the avoidance of conflicts of interests . ### employers may however lay down conditions of incompatibility where such restrictions are justified by legitimate reasons such as the protection of business secrets or the avoidance of conflicts of interests . member states shall establish legal framework for incompatibilities .


### a reasonable minimum advance notice , understood as the period of time between the moment a worker is informed about a new work assignment and the moment the assignment starts , constitutes another necessary element of predictability of work for employment relationships with work schedule which are variable or mostly determined by the employer . the length of the advance notice period may vary according to the needs of sectors , while ensuring adequate protection of workers . it applies without prejudice to directive 2002 / 15 / ec of the european parliament and of the council . 40 __________________ 40 directive 2002 / 15 / ec of the european parliament and of the council of 11 march 2002 on the organisation of the working time of persons performing mobile road transport activities . ### a reasonable minimum advance notice of fifteen days , understood as the period of time between the moment a worker is informed about a new work assignment and the moment the assignment starts , constitutes another necessary element of predictability of work for employment relationships with work schedule which are variable or mostly determined by the employer . the length of the advance notice period may be longer according to the needs of sectors , while ensuring adequate protection of workers . it applies without prejudice to directive 2002 / 15 / ec of the european parliament and of the council . 40 __________________ 40 directive 2002 / 15 / ec of the european parliament and of the council of 11 march 2002 on the organisation of the working time of persons performing mobile road transport activities .


### employers may however lay down conditions of incompatibility where such restrictions are justified by legitimate reasons such as the protection of business secrets or the avoidance of conflicts of interests . ### member states may however lay down conditions of incompatibility where such restrictions are justified by legitimate reasons such as the protection of business secrets or the avoidance of conflicts of interests . employers are not permitted to lay down conditions of incompatibility unilaterally .


### this directive lays down minimum rights that apply to every worker in the union . ### this directive lays down minimum rights that apply to every worker in the union . these minimum rights apply to every person who is de facto a worker regardless of their formal status or the existence of a written employment contract , in the public or the private sector in the european union .


### by [ entry into force date + 8 years ] , the commission shall , in consultation with the member states and social partners at union level and taking into account the impact on small and medium - sized enterprises , review the application of this directive with a view to proposing , where appropriate , the necessary amendments . ### by [ entry into force date + 5 years ] , the commission shall , in consultation with the member states and social partners at union level and taking into account the impact on micro , small and medium - sized enterprises , review the application of this directive with a view to proposing , where appropriate , the necessary amendments .


### this directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within member states . ### this directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within member states and in relation to areas to which it applies .


### member states shall develop templates and models for the document referred to in paragraph 1 and put them at the disposal of workers and employers including by making them available on a single official national website and by other suitable means . ### member states , in cooperation with social partners , shall develop templates and models for the document referred to in paragraph 1 and 1 a . and put them at the disposal of workers and employers including by making them available on a single official national website , social partners websites and by other suitable means . those templates and models shall be provided in all eu languages .


### since the adoption of council directive 91 / 533 / eec , 33 labour markets have undergone far - reaching changes due to demographic developments and digitalisation leading to the creation of new forms of employment , which have supported job creation and labour market growth . new forms of employment are often not as regular or stable as traditional employment relationships and lead to reduced predictability for the workers concerned , creating uncertainty as to applicable rights and social protection . in this evolving world of work , there is therefore an increased need for workers to be fully informed about their essential working conditions , which should occur in a written form and in a timely manner . in order adequately to frame the development of new forms of employment , workers in the union should also be provided with a number of new minimum rights aimed at promoting security and predictability in employment relationships while achieving upward convergence across member states and preserving labour market adaptability . __________________ 33 council directive 91 / 533 / ec of 14 october 1991 on an employer ' s obligation to inform employees of the conditions applicable to the contract or employment relationship . ### since the adoption of council directive 91 / 533 / eec , 33 labour markets have undergone far - reaching changes due to demographic developments and digitalisation leading to the creation of new forms of employment , but also due to measures that take a one - sided supply - side labour market approach aimed at liberalisation and deregulation of labour markets , which have supported the emergence of new business models . new forms of employment are often not as regular or stable as traditional employment relationships and lead to reduced predictability for the workers concerned , creating uncertainty as to applicable rights and social protection and encouraging unclear or unfair practices , thereby destabilising the labour market . in this evolving world of work , there is therefore an increased need for workers regardless of their particular field to be fully informed about their essential working conditions , which should occur in a written form and as rapidly as possible . in order adequately to frame the development of new forms of employment , workers in the union should also be provided with a number of new minimum rights aimed at promoting security and predictability in employment relationships while achieving upward convergence across member states and preserving labour market adaptability . __________________ 33 council directive 91 / 533 / ec of 14 october 1991 on an employer ' s obligation to inform employees of the conditions applicable to the contract or employment relationship .


### probationary periods allow employers to verify that workers are suitable for the position for which they have been engaged while providing them with accompanying support and training . such periods may be accompanied by reduced protection against dismissal . any entry into the labour market or transition to a new position should not be subject to prolonged insecurity . as established in the european pillar of social rights , probationary periods should therefore be of reasonable duration . a substantial number of member states have established a general maximum duration of probation between three and six months , which should be considered reasonable . probationary periods may be longer than six months where this is justified by the nature of the employment such as for managerial positions and where this is in the interest of the worker , such as in the case of long illness or in the context of specific measures promoting permanent employment notably for young workers . ### probationary periods allow employers to verify that workers are suitable for the position for which they have been engaged while providing them with accompanying support and training . any entry into the labour market or transition to a new position should not be subject to prolonged insecurity . as established in the european pillar of social rights , probationary periods should therefore be of reasonable duration . a substantial number of member states have established a general maximum duration of probation between three and six months , which should be considered reasonable and should not be extended under any circumstance . probationary periods may be longer than three months only where this is in the interest of the worker , such as in the case of long illness or in the context of specific measures promoting permanent employment notably for young workers .


### the initial basic amount , any other component elements , the frequency and method of payment of the remuneration to which the worker is entitled ; ### the initial basic amount , any other component elements , the frequency and method of payment of the remuneration to which the worker is entitled , as well as other regular and periodic benefits to which workers are entitled of equal value or for equal work ;


### probationary periods allow employers to verify that workers are suitable for the position for which they have been engaged while providing them with accompanying support and training . such periods may be accompanied by reduced protection against dismissal . any entry into the labour market or transition to a new position should not be subject to prolonged insecurity . as established in the european pillar of social rights , probationary periods should therefore be of reasonable duration . a substantial number of member states have established a general maximum duration of probation between three and six months , which should be considered reasonable . probationary periods may be longer than six months where this is justified by the nature of the employment such as for managerial positions and where this is in the interest of the worker , such as in the case of long illness or in the context of specific measures promoting permanent employment notably for young workers . ### probationary periods allow employers to verify that workers are suitable for the position for which they have been engaged while providing them with accompanying support and training . any entry into the labour market should not be subject to prolonged insecurity . as established in the european pillar of social rights , probationary periods should therefore be of reasonable duration . a substantial number of member states have established a general maximum duration of probation between three and six months , which should be considered reasonable and should not be extended under any circumstance . probationary periods may be longer than three months in compliance with national law and collective agreements where this is justified by the nature of the employment and where this is in the interest of the worker , such as in the case of long illness or in the context of specific measures promoting permanent employment notably for young workers .


### employers should not prohibit workers from taking up employment with other employers , outside the time spent working for them , within the limits set out in directive 2003 / 88 / ec of the european parliament and of the council . 39 incompatibility clauses , understood as a restriction on working for specific categories of employers , may be necessary for objective reasons , such as the protection of business secrets or the avoidance of conflicts of interests . __________________ 39 directive 2003 / 88 / ec of the european parliament and of the council of 4 november 2003 concerning certain aspects of the organisation of working time . ### employers should not prohibit workers from taking up employment with other employers , outside the time spent working for them , within the limits set out in directive 2003 / 88 / ec of the european parliament and of the council . 39 __________________ 39 directive 2003 / 88 / ec of the european parliament and of the council of 4 november 2003 concerning certain aspects of the organisation of working time .


### member states shall ensure that workers with at least six months ' seniority with the same employer may request a form of employment with more predictable and secure working conditions where available . ### member states shall ensure that workers may request a form of employment with more predictable and secure working conditions where available .


### money laundering and the associated financing of terrorism and organised crime remain significant problems at the union level , thus damaging the integrity , stability and reputation of the financial sector and threatening the internal security and the internal market of the union . in order to tackle those problems and also reinforce the application of directive 2015 / 849 / eu34 , this directive aims to tackle money laundering by means of criminal law , allowing for better cross - border cooperation between competent authorities . _________________ 34 directive 2015 / 849 of the european parliament and of the council of 20 may 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing , amending regulation no 648 / 2012 of the european parliament and the council , and repealing directive 2005 / 60 / ec of the european parliament and of the council and commission directive 2006 / 70 / ec . ### money laundering and the associated financing of terrorism and organised crime remain significant problems at the union level , thus damaging the integrity , stability and reputation of the financial sector and threatening the internal security and the internal market of the union . in addition , significant intentional or unintentional legislative vacuums in national and union legislation allow for the intensifying of the problem , damaging also sound economic development , fair and inclusive participation in economic activities , having further financial and political negative implications . in order to tackle those crucial and urgent problems and also reinforce the application of directive 2015 / 849 / eu34 , this directive aims to tackle money laundering by means of criminal law , allowing for better cross - border cooperation between competent authorities . _________________ 34 directive 2015 / 849 of the european parliament and of the council of 20 may 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing , amending regulation no 648 / 2012 of the european parliament and the council , and repealing directive 2005 / 60 / ec of the european parliament and of the council and commission directive 2006 / 70 / ec .