### union fishing vessels shall only catch surplus of the allowable catch determined by the third country as referred to in article 62 of the united nations convention on the law of the sea , and identified on the basis of the best available scientific advice and relevant information exchanged between the union and the third country concerned about the total fishing effort on the affected stocks , in order to ensure that fishery resources remain above levels capable of producing maximum sustainable yield . ### union fishing vessels shall only catch surplus of the allowable catch determined by the third country as referred to in article 62 of the united nations convention on the law of the sea , and identified on the basis of the best available scientific advice and relevant information exchanged between the union and the third country concerned about the total fishing effort on the affected stocks , in order to ensure that fishery resources remain above levels capable of producing maximum sustainable yield and that the fishing capacity of the fishermen in the third country or countries concerned by these agreements is not reduced as a result .


### advisory councils shall be composed of organizations representing the fisheries operators and other interest groups affected by the common fisheries policy . ### advisory councils shall be composed of organizations representing the fisheries operators and other interest groups affected by the common fisheries policy . third countries or organisations representing third - country fisheries operators in the sea basin concerned may be accepted as observers .


### south western waters ### south western waters , south - west indian ocean waters , french west indies and guiana waters .


### ices zones viii , ix and x , and cecaf zones 34 . 1 . 1 , 34 . 1 . 2 and 34 . 2 . 0 ### ices zones viii , ix and x , and cecaf zones 34 . 1 . 1 , 34 . 1 . 2 and 34 . 2 . 0 , south - west indian ocean waters , and french west indies and guiana waters .


### the principles of protection should apply to any information concerning an identified or identifiable natural person . to determine whether a natural person is identifiable , account should be taken of all the means likely reasonably to be used either by the controller or by any other person to identify the individual . the principles of data protection should not apply to data rendered anonymous in such a way that the data subject is no longer identifiable . ### the principles of protection should apply to any information concerning an identified or identifiable natural person . to determine whether a natural person is identifiable , account should be taken of all the means likely to be used either by the controller or by any other person to identify the individual . the principles of data protection should not apply to data rendered anonymous in such a way that the data subject is no longer identifiable taking full account of the technological ' state of the art ' and technological trends .


### in order to be lawful , the processing of personal data should be necessary for compliance with a legal obligation to which the controller is subject , for the performance of a task carried out in the public interest by a competent authority based on law or in order to protect the vital interests of the data subject or of another person , or for the prevention of an immediate and serious threat to public security . ### in order to be lawful , the processing of personal data should be necessary for the performance of a task carried out in the public interest by a competent authority based on law .


### personal data which are , by their nature , particularly sensitive in relation to fundamental rights or privacy , including genetic data , deserve specific protection . such data should not be processed , unless processing is specifically authorised by a law which provides for suitable measures to safeguard the data subject ' s legitimate interests ; or processing is necessary to protect the vital interests of the data subject or of another person ; or the processing relates to data which are manifestly made public by the data subject . ### personal data which are , by their nature , particularly sensitive in relation to fundamental rights or privacy , including genetic data , deserve specific protection . such data should not be processed , unless processing is specifically authorised by a law which provides for suitable measures to safeguard the data subject ' s fundamental rights and legitimate interests ; or processing is necessary to protect the vital interests of the data subject or of another natural person ; or the processing relates to data which are manifestly made public by the data subject .


### every natural person should have the right not to be subject to a measure which is based solely on automated processing if it produces an adverse legal effect for that person , unless authorised by law and subject to suitable measures to safeguard the data subject ' s legitimate interests . ### every natural person should have the right not to be subject to a measure which is based on profiling . processing which produces a legal effect for that person or otherwise affects him or her should be prohibited , unless strictly necessary in a democratic society , proportionate to the legitimate aim pursued , explicitly authorised by law and subject to suitable measures to safeguard the data subject ' s fundamental rights and legitimate interests , including the right to be provided with meaningful information about the logic used in the profiling . such processing should in no circumstances contain , generate , or discriminate based on special categories of data .


### the controller or the processor should designate a person who would assist the controller or processor to monitor compliance with the provisions adopted pursuant to this directive . a data protection officer may be appointed jointly by several entities of the competent authority . the data protection officers must be in a position to perform their duties and tasks independently and effectively . ### the controller or the processor should designate a person who would assist the controller or processor to monitor compliance with the provisions adopted pursuant to this directive . the data protection officers must be in a position to perform their duties and tasks independently and effectively . this includes rules avoiding conflicts of interests , providing an adequate amount of resources and an appropriate administrative attachment to avoid interference by controllers .


### member states should ensure that a transfer to a third country only takes place if it is necessary for the prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties , and the controller in the third country or international organisation is an authority competent within the meaning of this directive . a transfer may take place in cases where the commission has decided that the third country or international organisation in question ensures an adequate level or protection , or when appropriate safeguards have been adduced . ### member states should ensure that a transfer to a third country only takes place if it is necessary for the prevention , investigation , detection or prosecution of one or more specific criminal offences or the execution of criminal penalties , and the controller in the third country or international organisation is a public authority competent within the meaning of this directive . a transfer may take place in cases where the commission has decided that the third country or international organisation in question ensures an adequate level or protection . data transferred to competent public authorities in third countries should not be further processed for purposes other than the one they were transferred for .


### the general conditions for the members of the supervisory authority should be laid down by law in each member state and should in particular provide that those members should be either appointed by the parliament or the government of the member state , and include rules on the personal qualification of the members and the position of those members . ### the general conditions for the members of the supervisory authority should be laid down by law in each member state and should in particular provide that those members should be appointed by the parliament of the member state , and include rules on the personal qualification of the members and the position of those members .


### any damage which a person may suffer as a result of unlawful processing should be compensated by the controller or processor , who may be exempted from liability if they prove that they are not responsible for the damage , in particular where they establish fault on the part of the data subject or in case of force majeure . ### any damage , whether pecuniary or not , which a person may suffer as a result of unlawful processing should be compensated by the controller or processor , who may be exempted from liability only if they prove that they are not responsible for the damage , in particular where they establish fault on the part of the data subject or in case of force majeure .


### the recipients or categories of recipients to whom the personal data have been disclosed , in particular the recipients in third countries ; ### the recipients to whom the personal data have been disclosed , including all the recipients in third countries ;


### in cases referred to in paragraphs 1 and 2 , member states shall provide that the controller informs the data subject in writing on any refusal or restriction of access , on the reasons for the refusal and on the possibilities of lodging a complaint to the supervisory authority and seeking a judicial remedy . the information on factual or legal reasons on which the decision is based may be omitted where the provision of such information would undermine a purpose under paragraph 1 . ### in the cases referred to in paragraph 1 , member states shall provide that the controller informs the data subject in writing on any refusal or restriction of access , on the reasons for the refusal and on the possibilities of lodging a complaint to the supervisory authority and seeking a judicial remedy . the information on factual or legal reasons on which the decision is based may be omitted where the provision of such information would undermine a purpose under paragraph 1 .


### member states shall provide for the right of the data subject to obtain from the controller the rectification of personal data relating to them which are inaccurate . the data subject shall have the right to obtain completion of incomplete personal data , in particular by way of a corrective statement . ### member states shall provide for the right of the data subject to obtain from the controller the rectification of personal data relating to them which are inaccurate . the data subject shall have the right to obtain completion of incomplete personal data , in particular by way of a corrective statement . the controller shall not be able to refuse the rectification request if the personal data contained therein are factually correct .


### member states shall provide that , having regard to the state of the art and the cost of implementation , the controller shall implement appropriate technical and organisational measures and procedures in such a way that the processing will meet the requirements of provisions adopted pursuant to this directive and ensure the protection of the rights of the data subject . ### member states shall provide that , having regard to the state of the art , the controller shall , both at the time of the determination of the means for processing and at the time of the processing itself , implement appropriate technical and organisational measures and procedures in such a way that the processing will meet the requirements of provisions adopted pursuant to this directive and ensure the protection of the rights of the data subject . this shall include both : technical measures relating to the technical design and architecture of the product or service ; and organisational measures which relate to operational policies of the controller .


### the controller shall implement mechanisms for ensuring that , by default , only those personal data which are necessary for the purposes of the processing are processed . ### the controller shall implement mechanisms for ensuring that , by default ; only those personal data which are necessary for the purposes of the processing are processed and are especially not collected or retained beyond the minimum necessary for those purposes , both in terms of the amount of the data and the time of their storage . this shall be ensured using technical and / or organisational measures , as appropriate . in particular , those mechanisms shall ensure that by default personal data are not made accessible to an indefinite number of individuals .


### member states shall provide that the carrying out of processing by a processor must be governed by a legal act binding the processor to the controller and stipulating in particular that the processor shall act only on instructions from the controller , in particular , where the transfer of the personal data used is prohibited . ### member states shall provide that the carrying out of processing by a processor must be governed by a legal act binding the processor to the controller . these acts shall in particular stipulate that the processor shall : act only on instructions from the controller ; employ only staff who are under a statutory obligation of confidentiality ; take all required measures to comply with the provisions adopted pursuant to article 27 ; enlist another processor only with the prior permission of the controller ; insofar as this is possible given the nature of the processing , create in agreement with the controller the necessary technical and organisational requirements for the fulfilment of the controller ' s obligation to respond to requests for exercising the data subject ' s rights laid down in chapter iii ; assist the controller in ensuring compliance with the provisions adopted pursuant to articles 27 to 32 ; hand over all results to the controller after the end of the processing and not process the personal data otherwise ; make available to the controller and the supervisory authority all information necessary to control compliance with the obligations laid down in this article . take into account the principle of data protection by design and default .


### in response to the supervisory authority ' s exercise of its powers under points and of article 46 , the controller and the processor shall reply to the supervisory authority within a reasonable period . the reply shall include a description of the measures taken and the results achieved , in response to the remarks of the supervisory authority . ### in response to the supervisory authority ' s exercise of its powers under points and of article 46 , the controller and the processor shall reply to the supervisory authority within a reasonable period to be specified by the supervisory authority . the reply shall include a description of the measures taken and the results achieved , in response to the remarks of the supervisory authority .


### the safety of products should be assessed taking into account all the relevant aspects , in particular their characteristics and presentation as well as the categories of consumers who are likely to use the products taking into account their vulnerability , in particular children , the elderly and the disabled . ### the safety of products should be assessed taking into account all the relevant aspects , in particular their characteristics and presentation as well as the precautionary principle and the categories of consumers who are likely to use the products taking into account their vulnerability , in particular children , the elderly and the disabled .


### to avoid overlapping safety requirements and conflicts with other union legislation , a product which conforms to sector - specific union harmonisation legislation that aims at the protection of health and safety of persons should be presumed to be safe under this regulation . ### to avoid overlapping safety requirements and conflicts with other union legislation , a product which conforms to sector - specific union harmonisation legislation that aims at the protection of health and safety of persons should be presumed to be safe under this regulation . such an evaluation should be based on the precautionary principle .


### equipment on which consumers ride or travel which is operated by a service provider within the context of a service provided to consumers ; ### equipment on which consumers ride or travel which is operated by a service provider within the context of a service provided to consumers , except for fairground equipment ;


### the appearance of the product and in particular where a product , although not foodstuff , resembles foodstuff and is likely to be confused with foodstuff due to its form , odour , colour , appearance , packaging , labelling , volume , size or other characteristics . ### the appearance and characteristics of the product , its packaging and its presentation to purchasers , including any potentially misleading impression given that might lead persons to actions posing a risk to health and safety , in particular : where a product , although not foodstuff , resembles foodstuff and is likely to be confused with foodstuff due to its form , odour , colour , appearance , packaging , labelling , volume , size or other characteristics ; where a product , although not designed for use by them , may attract children to exploring it , coming into contact with it and interacting with it because of its design and characteristics .


### manufacturers shall ensure that their products bear a type , batch or serial number or other element allowing the identification of the product which is easily visible and legible for consumers , or , where the size or nature of the product does not allow it , that the required information is provided on the packaging or in a document accompanying the product . ### manufacturers shall ensure that their products bear a type , batch or serial number or other element allowing the identification of the product which is easily visible , legible and understandable for consumers , or , where the size or nature of the product does not allow it , that the required information is provided on the packaging or in a document accompanying the product .


### manufacturers who consider or have reason to believe that a product which they have placed on the market is not safe or is otherwise not in conformity with this regulation shall immediately take the corrective action necessary to bring that product into conformity , to withdraw it or recall it , if appropriate . furthermore , where the product is not safe , manufacturers shall immediately inform the market surveillance authorities of the member states in which they made the product available to that effect , giving details , in particular , of the risk to health and safety and of any corrective action taken . ### manufacturers who consider or have reason to believe that a product which they have placed on the market is not safe or is otherwise not in conformity with this regulation shall immediately take the corrective action necessary to bring that product into conformity , to warn consumers who are at risk as a consequence of the non - conformity of what immediate precautions they should take , and to withdraw or recall the product as appropriate . furthermore , where the product is not safe , manufacturers shall immediately inform the market surveillance authorities of the member states in which they made the product available to that effect , giving details , in particular , of the risk to health and safety and of any corrective action taken .


### further to a request from a market surveillance authority , provide that authority with all the information and documentation necessary to demonstrate the conformity of a product ; ### further to a request from a market surveillance authority , provide that authority with all the information and documentation necessary to demonstrate the conformity of a product with the general safety requirement laid down in article 4 ;


### preparatory actions such as business dialogues , trade promotion and scientific exchanges were set up to strengthen and deepen cooperation in areas outside the scope of the development cooperation instrument with india and china and with middle - income group countries in asia and latin america . ### preparatory actions such as dialogues between public or private economic partners , scientific exchanges should strengthen and deepen cooperation in areas outside the scope of the development cooperation instrument with india and china and with middle - income group countries in asia and latin america .


### implementing the international dimension of the ' europe 2020 ' strategy by supporting union ' s bilateral , regional and inter - regional cooperation partnership strategies , by promoting policy dialogues and by developing collective approaches and responses to challenges of global concern such as energy security , climate change and environment . this objective shall be measured by the uptake of the ' europe 2020 ' policies and objectives by key partner countries ; ### supporting the union ' s bilateral , regional and inter - regional cooperation partnership strategies , by promoting policy dialogues and by developing collective approaches and responses to challenges of global concern such as energy security , reduction of social inequalities , climate change and environment .


### the promotion of initiatives and actions of union or mutual interest in areas such as climate change , environmental matters including biodiversity , resource efficiency , raw materials , energy , transport , science , research and innovation , employment and social policy , sustainable development , including promotion of decent work , and corporate social responsibility , south - south trade and cooperation , education , culture , tourism , information and communication technologies , health , justice , customs , taxation , financial , statistics and any other matter pertaining to the union’s specific interests or of mutual interest between the union and third countries ; ### the promotion of initiatives and actions of union or mutual interest in areas such as climate change , environmental matters including biodiversity , resource efficiency , raw materials , energy , transport , science , research and innovation , employment and social policy , sustainable development , including promotion of decent work , reductions of social inequalities , and corporate social responsibility , south - south trade and cooperation , education , culture , tourism , information and communication technologies , health , justice , customs , taxation , financial , statistics and any other matter pertaining to the union’s specific interests or of mutual interest between the union and third countries ;


### for high - risk in vitro diagnostic medical devices , manufacturers should summarise the main safety and performance aspects of the device and the outcome of the clinical evaluation in a document that should be publicly available . ### for class c and class d in vitro diagnostic medical devices , manufacturers should summarise the main safety and performance aspects of the device and the outcome of the clinical evaluation in a document that should be publicly available .


### this regulation shall not affect national laws which require that certain devices may only be supplied on a medical prescription . ### this regulation requires that certain devices may only be supplied on a medical prescription but shall not affect national laws which require that certain other devices may also only be supplied on a medical prescription . direct to consumer advertising of devices classed as prescription only by this regulation shall be illegal . the following devices may only be supplied on a medical prescription : class d devices 2 ) class c devices in the following categories : devices for genetic testing ; companion diagnostics . the commission shall be empowered to adopt delegated acts in accordance with article 85 to decide on other category c tests after consultation with stakeholders .


### ‘ device for self - testing’ means any device intended by the manufacturer to be used by lay persons ; ### ‘ device for self - testing’ means any device intended by the manufacturer to be used by lay persons , including testing services offered to lay persons by means of information society services ;


### ‘ companion diagnostic’ means a device specifically intended to select patients with a previously diagnosed condition or predisposition as eligible for a targeted therapy ; ### ‘ companion diagnostic’ means a device intended to provide information that is essential for the safe and effective use of a corresponding therapeutic product . the use of a companion diagnostic with a particular therapeutic product is indicated as desirable in the instructions for use in the labelling of both the diagnostic device and the corresponding therapeutic product , as well as in the labelling of any generic equivalents of the therapeutic product or is the stated intended purpose of the diagnostic device . an ivd companion diagnostic device could be essential for the safe and effective use of a corresponding therapeutic product to : – identify patients who are most likely to benefit from a particular therapeutic product ; – identify patients likely to be at increased risk for serious adverse reactions as a result of treatment with a particular therapeutic product ; – monitor response to treatment for the purpose of adjusting treatment to achieve improved safety or effectiveness .


### ‘ health institution’ means an organisation whose primary purpose is the care or treatment of patients or the promotion of public health ; ### ‘ health institution’ means an organisation within a member state’s public healthcare system whose primary purpose is the care or treatment of patients or the promotion of public health ; commercial laboratories which provide diagnostic services are not health institutions .


### with the exception of article 59 , the requirements of this regulation shall not apply to devices classified as class a , b and c , in accordance with the rules set out in annex vii , and manufactured and used only within a single health institution , provided manufacture and use occur solely under the health institution’s single quality management system , and the health institution is compliant with standard en iso 15189 or any other equivalent recognised standard . member states may require that the health institutions submit to the competent authority a list of such devices which have been manufactured and used on their territory and may make the manufacture and use of the devices concerned subject to further safety requirements . ### with the exception of article 59 , the requirements of this regulation shall not apply to laboratory - developed tests manufactured and used only within a single health institution , provided manufacture and use occur solely under the health institution’s single quality management system , and the health institution is accredited to standard en iso 15189 or any other equivalent recognised standard . member states may require that the health institutions submit to the competent authority a list of such devices which have been manufactured and used on their territory and may make the manufacture and use of the devices concerned subject to further safety requirements .


### distributors who consider or have reason to believe that a device which they have made available on the market is not in conformity with this regulation shall immediately inform the manufacturer and , where applicable , his authorised representative and the importer and make sure that the necessary corrective action to bring that device into conformity , withdraw or recall it , if appropriate , is taken . where the device presents a risk , they shall also immediately inform the competent authorities of the member states in which they made the device available , giving details , in particular , of the non - compliance and of any corrective action taken . ### distributors who consider or have reason to believe that a device which they have made available on the market is not in conformity with this regulation shall immediately inform the manufacturer and , where applicable , his authorised representative and the importer and make sure that , within the limits of its respective activities , the necessary corrective action to bring that device into conformity , withdraw or recall it , if appropriate , is taken . where the device presents a risk , they shall also immediately inform the competent authorities of the member states in which they made the device available , giving details , in particular , of the non - compliance and of any corrective action taken .


### devices shall be divided into class a , b , c and d , taking into account their intended purpose and inherent risks . classification shall be carried out in accordance with the classification criteria set out in annex vii . ### devices shall be divided into class a , b , c and d , taking into account their intended purpose , novelty , complexity and inherent risks . classification shall be carried out in accordance with the classification criteria set out in annex vii .


### notified bodies shall notify the commission of applications for conformity assessments for devices classified as class d , with the exception of applications to supplement or renew existing certificates . the notification shall be accompanied by the draft instructions for use referred to in section 17 . 3 of annex i and the draft summary of safety and performance referred to in article 24 . in its notification the notified body shall indicate the estimated date by which the conformity assessment is to be completed . the commission shall immediately transmit the notification and the accompanying documents to the mdcg . ### notified bodies shall notify the commission of applications for conformity assessments for devices classified as class d and for devices classified as class c which fulfil the definition of novelty set out in article 2 , with the exception of applications to supplement or renew existing certificates . the notification shall be accompanied by the draft instructions for use referred to in section 17 . 3 of annex i and the draft summary of safety and performance referred to in article 24 . in its notification the notified body shall indicate the estimated date by which the conformity assessment is to be completed . the commission shall immediately transmit the notification and the accompanying documents to the mdcg .


### the member states shall take all appropriate measures to encourage healthcare professionals , users and patients to report to their competent authorities suspected serious incidents referred to in point of paragraph 1 . they shall record such reports centrally at national level . where a competent authority of a member state obtains such reports , it shall take the necessary steps to ensure that the manufacturer of the device concerned is informed of the incident . the manufacturer shall ensure the appropriate follow - up . ### the member states shall take all appropriate measures to encourage healthcare professionals , including doctors and pharmacists , users and patients to report to their competent authorities suspected serious incidents referred to in point of paragraph 1 . they shall record such reports centrally at national level . where a competent authority of a member state obtains such reports , it shall take the necessary steps to ensure that the manufacturer of the device concerned is informed of the incident . the manufacturer shall ensure the appropriate follow - up .


### the clinical performance , such as diagnostic sensitivity , diagnostic specificity , positive and negative predictive value , likelihood ratio , expected values in normal or affected populations . ### the clinical performance , including measures of clinical validity such as diagnostic sensitivity , diagnostic specificity , positive and negative predictive value , likelihood ratio , expected values in normal or affected populations ; and , where appropriate , measures of clinical utility . in the case of companion diagnostics , evidence of the clinical utility of the device for the intended purpose is required . for a companion diagnostic , the manufacturer should supply clinical evidence relating to the impact of a positive or negative test on patient care ; and health outcomes , when used as directed with the stated therapeutic intervention .


### each device shall be accompanied by the information needed to identify the device and its manufacturer , and communicate safety and performance related information to the user , professional or lay , or other person , as appropriate . such information may appear on the device itself , on the packaging or in the instructions for use , taking into account the following : ### each device shall be accompanied by the information needed to identify the device and its manufacturer , and communicate safety and performance related information to the user , professional or lay , or other person , as appropriate . such information may appear on the device itself , on the packaging or in the instructions for use , and must be made available on the manufacturer ' s website taking into account the following :


### 1 . application of the classification rules shall be governed by the intended purpose of the devices . ### 1 . application of the classification rules shall be governed by the intended purpose , novelty , complexity and inherent risk of the devices .


### devices intended to be used for disease staging ; or ### devices intended to be used for disease staging or prognosis ; or


### – for devices classified as class c according to the rules set out in annex vii , the clinical performance study report shall include the method of data analysis , the study conclusion and the relevant details of the study protocol ; ### – for devices classified as class c and class d according to the rules set out in annex vii , the clinical performance study report shall include the method of data analysis , the study conclusion , the relevant details of the study protocol and the individual data points .


### additional sanctions are necessary to make the enforcement of budgetary surveillance more effective in the euro area . those sanctions should enhance the credibility of the fiscal surveillance framework of the union . ### additional assistance is necessary to make the enforcement of budgetary surveillance more effective in the euro area . eventual sanctions should not harm political solidarity of the union and social cohesion in its member states . incentives should enhance the credibility of the monetary union and reduce excessive costs of sovereign debt .


### a possibility should be provided for the council to reduce or to cancel the sanctions imposed on member states whose currency is the euro on the basis of a commission proposal following a reasoned request by the member state concerned . in the corrective part of the stability and growth pact , the commission should also be able to propose to reduce the size of a sanction or to cancel it on grounds of exceptional economic circumstances . ### a possibility should be provided for the council to reduce or to cancel the sanctions imposed on member states whose currency is the euro on the basis of a proposal by the european parliament or on the basis of a request by the member state concerned . in the corrective part of the stability and growth pact , the commission should also be able to propose to reduce the size of a sanction or to cancel it on grounds of exceptional economic and social circumstances .


### the non - interest - bearing deposit should be released upon correction of the excessive deficit while the interest on such deposits and the fines collected should be distributed among member states whose currency is the euro which do not have an excessive deficit and which are not the subject of an excessive imbalance procedure either . ### the non - interest - bearing deposit should be released upon correction of the excessive deficit while the interest on such deposits should be used in support of achieving the union’s long term investment and jobs objectives , especially in the union ' s poorest regions .


### if the council addresses to a member state a recommendation in accordance with article 121 of the treaty to take the necessary adjustment measures in the event of persisting or particularly serious and significant deviations from prudent fiscal policy - making as laid down in article 6 of regulation no 1466 / 97 , the lodging of an interest bearing deposit shall be imposed by the council , acting on a proposal from the commission . the decision shall be deemed to be adopted by the council unless it decides by qualified majority to reject the proposal within ten days of the commission adopting it . the council may amend the proposal in accordance with article 293 of the treaty . ### if the council addresses to a member state a recommendation in accordance with article 121 of the treaty to take the necessary adjustment measures in the event of persisting and particularly serious and significant deviations from prudent fiscal policy - making as laid down in article 6 of regulation no 1466 / 97 , the lodging of an interest bearing deposit shall be imposed by the council , acting on a proposal from the commission and after consulting the european parliament . the decision shall be deemed to be adopted by the council unless it decides by simple majority to reject the proposal . the council may amend the proposal in accordance with article 293 of the treaty .


### if the council decides in accordance with article 126 of the treaty that an excessive deficit exists in a member state , the lodging of a non - interest - bearing deposit shall be imposed by the council , acting on a proposal from the commission . the decision shall be deemed adopted by the council unless it decides by qualified majority to reject the proposal within ten days of the commission adopting it . the council may amend the proposal in accordance with article 293 of the treaty . ### if the council decides in accordance with article 126 of the treaty that an excessive deficit exists in a member state , the lodging of a non - interest - bearing deposit shall be imposed by the council , acting on a proposal from the commission and after consulting the european parliament . the decision shall be deemed adopted by the council unless it decides by simple majority to reject the proposal within 30 days of the commission adopting it . the council may amend the proposal in accordance with article 293 of the treaty .


### by derogation from paragraph 2 of this article , the commission may , on grounds of exceptional economic circumstances or following a reasoned request by the member state concerned addressed to the commission within ten days of adoption of the council decision in accordance with article 126 of the treaty , propose to reduce the amount of the non - interest - bearing deposit or to cancel it . ### by derogation from paragraph 2 of this article , the commission may , on grounds of exceptional economic or social circumstances or following a reasoned request by the member state concerned addressed to the commission within 60 days of adoption of the council decision in accordance with article 126 of the treaty , propose to reduce the amount of the non - interest - bearing deposit or to cancel it .


### if the council decides in accordance with article 126 of the treaty that the member state has not taken effective action in response to a council recommendation within the period laid down , the council , acting on a proposal from the commission , shall decide that the member state shall pay a fine . the decision shall be deemed adopted by the council unless it decides by qualified majority to reject the proposal within ten days of the commission adopting it . the council may amend the proposal in accordance with article 293 of the treaty . ### if the council decides in accordance with article 126 of the treaty that the member state has not taken effective action in response to a council recommendation within the period laid down , the council , acting on a proposal from the commission , shall decide that the member state shall pay a fine . in respect of article 153 of the treaty , no fine will be levied if the fine is related to a recommendation concerning the issue of pay and / or collective bargaining in the public sector . the decision shall be adopted by the council acting by qualified majority . the council may amend the proposal in accordance with article 293 of the treaty .


### if the council decides in accordance with article 126 of the treaty that the member state has not taken effective action in response to a council recommendation within the period laid down , the council , acting on a proposal from the commission , shall decide that the member state shall pay a fine . the decision shall be deemed adopted by the council unless it decides by qualified majority to reject the proposal within ten days of the commission adopting it . the council may amend the proposal in accordance with article 293 of the treaty . ### if the council decides in accordance with article 126 of the treaty that the member state has not taken effective action in response to a council recommendation within the period laid down nor having given a comprehensive explanation , the council , acting on a proposal from the commission and after consulting the european parliament , may decide that the member state shall pay a fine . in respect of article 153 of the treaty , no fine will be levied if the fine is related to a recommendation concerning the issue of pay and / or collective bargaining in the public sector . the decision shall be deemed adopted by the council unless it decides by simple majority to reject the proposal within 30 days of the commission adopting it . the council may amend the proposal in accordance with article 293 of the treaty .


### distribution of the interest and fines ### use of the interest and fines


### in order to allocate the union funds attributed to the programmes with a ceiling total that the commission must not exceed , effective public procurement procedures must be applied and , in particular , contracts negotiated so as to ensure optimum use of resources , satisfactory services , smooth running of programmes , good risk management and compliance with the proposed schedule . the contracting authority must make every effort to meet these requirements . ### in order to allocate the union funds attributed to the programmes with a ceiling total that the commission must not exceed , effective public procurement procedures must be applied and , in particular , contracts negotiated so as to ensure optimum use of resources , satisfactory services , smooth running of programmes , good risk management and compliance with the proposed schedule . also , precise assessment criteria should be included in each and every public procurement procedure . the contracting authority must make every effort to meet these requirements .


### in order to obtain impartial information on bank fees , consumers should be able to access comparison websites which are operationally independent from payment service providers . member states should therefore ensure that at least one such website is available to consumers in their respective territories . such comparison websites may be operated by competent authorities , other public authorities and / or accredited private operators . member states should establish a voluntary accreditation scheme allowing private operators of comparison websites to apply for accreditation in accordance with specified quality criteria . a comparison website operated by a competent authority or other public authority should be established where a privately operated website has not been accredited . such websites should also comply with the quality criteria . ### in order to obtain impartial information on bank fees as well as on general banking policies in respect of social responsibility , consumers should be able to access comparison websites which are operationally independent from payment service providers . member states should therefore ensure that at least one such website is available to consumers in their respective territories . such comparison websites may be operated by competent authorities , other public authorities and / or accredited private operators . member states should establish a voluntary accreditation scheme allowing private operators of comparison websites to apply for accreditation in accordance with specified quality criteria . a comparison website operated by a competent authority or other public authority should be established where a privately operated website has not been accredited . such websites should also comply with the quality criteria .


### ‘ transferring payment service provider’ means the payment service provider from which the information on all or some recurrent payments is transferred ; ### ' transferring payment service provider ' means the payment service provider from which the consumer switches the payment account


### ‘ receiving payment service provider’ means the payment service provider to which the information on all or some recurrent payments is transferred ; ### ' receiving payment service provider ' means the payment service provider to which the consumer switches the payment account ;


### member states shall ensure that before entering into a contract for a payment account with a consumer , payment service providers provide the consumer with a fee information document containing the list of the most representative services referred to in paragraph 5 of article 3 and the corresponding fees for each service . ### member states shall ensure that in an appropriate time prior to entering into a contract for a payment account with a consumer , payment service providers provide and inform the consumer with a fee information document containing the list of all services linked to the payment account and the corresponding fees for each service . in the case of changes , the consumer shall be informed comprehensively .


### member states shall ensure that in their contractual and commercial information , payment service providers use , where relevant , the terms and definitions contained in the list of the most representative payment services referred to in article 3 , paragraph 5 . ### member states shall ensure that in their contractual and commercial information , payment service providers use , where relevant , the terms and definitions contained in the list of all services linked to the payment account , referred to in article 3 , paragraph 1 .


### member states shall ensure that any financial loss incurred by the consumer resulting from the non - compliance of a payment service provider involved in the switching process with its obligations under article 10 is refunded by that payment service provider . ### member states shall ensure that any financial loss incurred by the consumer resulting from the non - compliance of a payment service provider involved in the switching process with its obligations under article 10 is immediately refunded by that payment service provider . the burden of proof shall rest with the payment service provider , which shall demonstrate that the conditions laid down in article 10 have been respected .


### member states shall designate as the competent authorities responsible for ensuring compliance with this regulation either public authorities , or bodies recognised by national law or by public authorities expressly empowered for that purpose by national law , including national central banks . member states may designate existing bodies to act as competent authorities . ### member states shall designate as the competent authorities responsible for ensuring compliance with this regulation either public authorities , or bodies recognised by national law or by public authorities expressly empowered for that purpose by national law , including national central banks . member states may designate existing bodies to act as competent authorities . competent authorities shall be independent bodies , acting on behalf of all stakeholders , including end users , in order to ensure a level playing field for all providers of credit transfers and direct debit , including new providers .


### in line with the europe 2020 strategy , the programme should pursue a coherent approach to promoting employment and combating social exclusion and poverty . its implementation should be rationalised and simplified , notably through a set of common provisions including , inter alia , general objectives , typology of actions , monitoring and evaluation arrangements . the programme should also focus on large projects with clear eu added value in order to reach critical mass and reduce administrative burden for both the beneficiaries and the commission . in addition , greater use should be made of simplified cost options in particular for the implementation of mobility schemes . the programme should be a one - stop shop for microfinance providers , providing financing for micro - credit , capacity building and technical assistance . lastly , the programme should provide for budgetary flexibility through the establishment of a reserve to be allocated on an annual basis in order to respond to policy priorities . ### the programme should pursue a coherent approach to promoting employment and combating social exclusion and poverty , while keeping sight of the objective of gender equality and in gender mainstreaming . its implementation should be rationalised and simplified , notably through a set of common provisions including , inter alia , general objectives , typology of actions , monitoring and evaluation arrangements . the programme should also focus on large projects with clear eu added value in order to reach critical mass and reduce administrative burden for both the beneficiaries and the commission . in addition , greater use should be made of simplified cost options in particular for the implementation of mobility schemes . the programme should be a one - stop shop for microfinance providers , providing financing for micro - credit , capacity building and technical assistance . lastly , the programme should provide for budgetary flexibility through the establishment of a reserve to be allocated on an annual basis in order to respond to policy priorities .


### pursuant to articles 8 and 10 of the treaty , the programme should support the mainstreaming of gender equality and anti - discrimination objectives in all its activities . regular monitoring and evaluation should be carried out to assess the way in which gender equality and anti - discrimination issues are addressed in the programme ' s activities . ### pursuant to articles 8 and 10 of the treaty on the functioning of the european union , the commission and the member states should ensure that the mainstreaming of gender equality and anti - discrimination objectives help to promote equality between men and women in all the programme’s axes and activities , and that the european pact for gender equality is also taken into consideration . regular monitoring and evaluation should be carried out to assess the way in which gender equality and anti - discrimination issues are addressed in the programme ' s activities . effective application of the principle of gender equality should include gender - aggregated data and indicator , s and objectives and criteria focused on gender equality .


### strengthen ownership of the union objectives in the employment , social and working conditions fields among key union and national policy - makers , as well as other interested parties in order to bring about concrete and coordinated actions at both union and member state level ; ### promote strategies , among key union and national policy - makers , as well as other interested parties , to increase employment and safeguard social and labour rights , while always keeping sight of the objective of gender equality and gender mainstreaming , in order to bring about concrete and coordinated actions at both union and member state level ;


### with a view to regular monitoring of the programme and making any adjustments needed to its policy and funding priorities , the commission shall draw up biennial monitoring reports and send them to the european parliament and the council . such reports shall cover the programme ' s results and the extent to which gender equality and anti - discrimination considerations , including accessibility issues , have been addressed through its activities . ### with a view to regular monitoring of the programme and making any adjustments needed to its policy and funding priorities , the commission shall draw up biennial monitoring reports and send them to the european parliament and the council . such reports shall cover the programme ' s results and the extent to which the principles of gender equality and gender mainstreaming have been respected and anti - discrimination considerations , including accessibility issues , have been addressed in all the programme’s axes and activities . wherever possible , data shall be gender - aggregated .


### additional bans on the placing on the market of new equipment for refrigeration , air - conditioning and fire protection that operate using specific fluorinated greenhouse gases should be introduced where suitable alternatives to the use of those substances are available . in the light of future technical developments and the availability of cost - efficient alternatives to the use of fluorinated greenhouse gases , the commission should be empowered to include other products and equipment or to exclude , also temporarily , certain categories of products or equipment for which alternative substances which fall below the specified global warming potential limit are not available for technical or economic reasons , including insufficient supply of alternative substances on the market to meet the demand , or due to applicable safety standards excluding the use of relevant alternatives . ### additional bans on the placing on the market of new equipment for refrigeration , air - conditioning , foams , aerosols , solvents and fire protection that operate using specific fluorinated greenhouse gases should be introduced where suitable alternatives to the use of those substances are available to send clear market signals to invest in production facilities to achieve economies of scale while also encouraging innovation . in the light of the availability of replacement technologies today and future technical developments and the availability of cost - efficient alternatives to the use of fluorinated greenhouse gases , the commission should be empowered to include other products and equipment or to exclude , also temporarily , certain categories of products or equipment for which alternative substances which fall below the specified global warming potential limit are not available for technical or economic reasons , including insufficient supply of alternative substances on the market to meet the demand , or due to applicable safety standards excluding the use of relevant alternatives .


### equipment that contains fluorinated greenhouse gases with a global warming potential equivalent to 5 tonnes of co2 or more but to less than 50 tonnes of co2 , shall be checked for leakage at least once every 12 months ; ### equipment that contains 1 . 5 kg or more of fluorinated greenhouse gases shall be checked for leakage at least once every 12 months ;


### equipment that contains fluorinated greenhouse gases with a global warming potential equivalent to 50 tonnes of co2or more , but to less than 500 tonnes of co2 , shall be checked for leakage at least once every six months ; ### equipment that contains 30 kg or more shall be checked for leakage at least once every six months ;


### equipment that contains fluorinated greenhouse gases with a global warming potential equivalent to 500 tonnes of co2 or more shall be checked for leakage at least once every three months . ### equipment that contains 300 kg or more shall be checked for leakage at least once every three months .


### if the council addresses to a member state a recommendation in accordance with article 121 of the treaty to take the necessary adjustment measures in the event of persisting or particularly serious and significant deviations from prudent fiscal policy - making as laid down in article 6 of regulation no 1466 / 97 , the lodging of an interest bearing deposit shall be imposed by the council , acting on a proposal from the commission . the decision shall be deemed to be adopted by the council unless it decides by qualified majority to reject the proposal within ten days of the commission adopting it . the council may amend the proposal in accordance with article 293 of the treaty . ### if the council addresses to a member state a recommendation in accordance with article 121 of the treaty to take the necessary adjustment measures in the event of persisting and particularly serious and significant deviations from prudent fiscal policy - making as laid down in article 6 of regulation no 1466 / 97 , the lodging of an interest bearing deposit shall be imposed by the council , acting on a proposal from the commission and after consulting the european parliament . the decision shall be deemed to be adopted by the council unless it decides by simple majority to reject the proposal within ten days of the commission adopting it . the council may amend the proposal in accordance with article 293 of the treaty .


### if the council decides in accordance with article 126 of the treaty that the member state has not taken effective action in response to a council recommendation within the period laid down , the council , acting on a proposal from the commission , shall decide that the member state shall pay a fine . the decision shall be deemed adopted by the council unless it decides by qualified majority to reject the proposal within ten days of the commission adopting it . the council may amend the proposal in accordance with article 293 of the treaty . ### if the council decides in accordance with article 126 of the treaty that the member state has nor taken effective action in response to a council recommendation and has neither given explanation for deviating from the recommendations , the council , acting on a proposal from the commission and after consulting the european parliament , may decide that the member state shall pay a non - interest bearing deposit . in respect of article 153 of the treaty , no sanction will be enforced if it is related to a recommendation concerning the issue of pay and / or collective bargaining in the public sector . the decision shall be adopted by the council by qualified majority . the council may amend the proposal in accordance with article 293 of the treaty .


### distribution of the interest and fines ### use of the interest


### the esf should improve employment opportunities , promote education and life - long learning and develop active inclusion policies in accordance with the tasks entrusted to the esf by article 162 of the treaty , and thereby contribute to economic , social and territorial cohesion in accordance with article 174 of the treaty . in accordance with article 9 of the treaty , the esf should take into account requirements linked to the promotion of a high level of employment , the guarantee of adequate social protection , the fight against social exclusion , and a high level of education , training and protection of human health . ### the esf should improve employment opportunities , promote education and life - long learning , develop active inclusion policies and fight poverty and social exclusion in accordance with article 9 of the treaty and the tasks entrusted to the esf by article 162 of the treaty , and thereby contribute to economic , social and territorial cohesion in accordance with article 174 of the treaty . in accordance with article 9 of the treaty , the esf should take into account requirements linked to the promotion of a high level of employment , the guarantee of adequate social protection , the fight against poverty and social exclusion , and a high level of education , training and protection of human health .


### the european union is confronted with structural challenges arising from economic globalisation , technological change and an increasingly ageing workforce and growing skills and labour shortages in some sectors and regions . they have been compounded by the recent economic and financial crisis , which has resulted in increased levels of unemployment , hitting in particular young people and other vulnerable groups , such as migrants . the esf should aim to promote employment and support labour mobility , invest in education , skills and life - long learning , promote social inclusion and combat poverty . in promoting the better functioning of labour markets by enhancing the transnational geographical mobility of workers , the esf should , in particular , support european employment services in relation to recruitment and the related information , advice and guidance services at national and cross - border level . ### the european union is confronted with structural challenges arising from economic globalisation , technological change , demographic change , an increasingly ageing workforce , and growing skills and labour shortages in some sectors and regions . they have been compounded by the recent economic and financial crisis , which has resulted in increased levels of unemployment , hitting in particular young people and other vulnerable groups , such as migrants . the esf should aim to promote good work , high quality employment and support the phasing out of precarious employment , invest in education , skills and life - long learning , promote social inclusion and combat poverty . in promoting inclusive labour markets by facilitating the voluntary transnational geographical mobility of workers , the esf should , in particular , support european employment services in relation to recruitment and the related information , advice and guidance services at national and cross - border level .


### efficient and effective implementation of actions supported by the esf depends on good governance and partnership between all relevant territorial and socio - economic actors , in particular the social partners and non - governmental organisations . it is therefore necessary that member states encourage the participation of social partners and non - governmental organisations in the implementation of the esf . ### efficient and effective implementation of actions supported by the esf depends on good governance and partnership between all relevant territorial and socio - economic actors , in particular the social partners and non - governmental organisations . it is therefore necessary that member states involve social partners , non - governmental organisations , local and regional authorities in the preparation , implementation , monitoring and evaluation of the esf in a timely and consistent manner . high - quality partnerships should be forged at all political levels . the partnership principle should be strengthened and extended as the guiding principle to all actions supported by the esf .


### the member states and the commission should ensure that the implementation of the priorities financed by the esf contribute to the promotion of equality between women and men in accordance with article 8 of the treaty . evaluations have shown the importance of taking the gender aspect into account in all dimensions of programmes , while ensuring that specific actions are taken to promote gender equality . ### the member states and the commission shall ensure that the implementation of the priorities financed by the esf contribute to the promotion of equality between women and men in accordance with article 8 of the treaty . evaluations have shown the importance of taking the gender aspect into account in all dimensions and in the preparation , implementation , monitoring and evaluation of programmes in a timely and consistent manner , while ensuring that specific actions are taken to promote gender equality .


### the esf shall benefit people , including disadvantaged groups such as the long - term unemployed , people with disabilities , migrants , ethnic minorities , marginalised communities and people facing social exclusion . the esf shall also provide support to enterprises , systems and structures with a view to facilitating their adaptation to new challenges and promoting good governance and the implementation of reforms , in particular in the fields of employment , education and social policies . ### the esf shall benefit people , including disadvantaged groups such as the long - term unemployed , people with disabilities , migrants , asylum seekers , refugees , ethnic minorities , marginalised communities , homeless people and other groups of people at risk of poverty and social exclusion , including children and young people . the esf shall also provide support to enterprises , systems and structures with a view to facilitating their adaptation to new challenges and promoting good governance and social progress , in particular in the fields of employment , education and social policies .


### access to employment for job - seekers and inactive people , including local employment initiatives and support for labour mobility ; ### access to high quality employment for job - seekers and inactive people with a targeted support for long - term unemployed , including local employment initiatives and support for voluntary labour mobility ;


### capacity building for stakeholders delivering employment , education and social policies and sectoral and territorial pacts to mobilise for reform at national , regional and local level . ### capacity building for stakeholders delivering employment , education and social policies and sectoral and territorial pacts to mobilise for improvements and social progress at national , regional and local level .


### enhancing the competitiveness of small and medium - sized enterprises , through promoting the adaptability of enterprises and workers and increased investment in human capital . ### enhancing the contribution of small and medium - sized enterprises to achieve environmental and social sustainable development , through promoting the adaptability of enterprises and workers and increased investment in new skills and competencies .


### member states shall ensure that the strategy and actions set out in the operational programmes are consistent and focused on addressing the challenges identified in the national reform programmes and the relevant council recommendations made under article 148 of the treaty , in order to contribute to achieving the headline targets of the europe 2020 strategy on employment , education and poverty reduction . ### member states shall ensure that the strategy and actions set out in the operational programmes are consistent and focused on addressing the challenges posed by the transition towards environmental and social sustainable development , in order to contribute to achieving at least the headline targets of the europe 2020 strategy on employment , education and poverty reduction .


### the involvement of the social partners and other stakeholders , in particular non - governmental organisations , in the implementation of operational programmes , as referred to in article 5 of regulation no [ &#8230 ; ] , may take the form of global grants as defined in article 113 of regulation no [ &#8230 ; ] . in such a case , the operational programme shall identify the part of the programme concerned by the global grant , including an indicative financial allocation from each priority axis to it . ### the involvement of the local and regional authorities , social partners and other stakeholders , in particular non - governmental organisations , in the design , in the implementation and the evaluation of operational programmes , as referred to in article 5 of regulation no [ . . . ] , may take the form of global grants as defined in article 113 of regulation no [ . . . ] and may take the form of technical assistance as defined in articles 108 and 109 of regulation no [ . . . ] . member states shall make accessible global grants schemes for small ngos in all esf operational programmes . in such a case , the operational programme shall identify the part of the programme concerned by the global grant , including an indicative financial allocation from each priority axis to it . technical assistance resources shall be made available in all esf operational programmes with a particular support for ngos and small local and regional authorities - driven technical assistances services at eu and regional level .


### the member states and the commission shall promote equality between men and women through mainstreaming as referred to in article 7 of regulation no [ … ] and specific targeted actions as referred to in article 3 , in particular with the aim of increasing the sustainable participation and progress of women in employment , reducing gender - based segregation in the labour market , combating gender stereotypes in education and training and promoting reconciliation of work and personal life for men and women . ### the member states and the commission shall promote equality between women and men through mainstreaming as referred to in article 7 of regulation no [ . . . ] integrating gender perspective to actions under all thematic priorities and to all stages of planning and implementation of programmes . the member states shall allocate funding for and specific targeted actions as referred to in article 3 , in particular with the aim of increasing the sustainable participation and progress of women in employment , eliminating gender - based segregation in the labour market , combating gender stereotypes in education and training addressing the feminisation of poverty , promoting equal sharing of care responsibilities between women and men and enforcing reconciliation of work and personal life for women and men .


### by way of derogation from article 87 of regulation no [ &#8230 ; ] , operational programmes may set out priority axes for the implementation of social innovation and transnational cooperation as referred to in articles 9 and 10 . ### by way of derogation from article 87 of regulation no [ . . . ] , operational programmes may set out priority axes for the implementation of transnational cooperation as referred to in articles 9 and 10 .


### · participants in employment 6 months after leaving ### · participants in full - time , part time and self - employment 6 months after leaving• participants with an improved labour market situation 6 months after leaving • participants are actively involved in community and social networks•participants in full - time , part - time and in self - employment 1 year after leaving•participants with an improved labour market situation 1 year after leaving•participants lifted above the relative poverty line living above the relative poverty 1 year after leaving•participants lifted out of severe material deprivation remaining out of severe material deprivation 1 year after leaving


### the european strategy for smart , sustainable and inclusive growth is defining the union ' s growth strategy for the coming decade to support smart , sustainable and inclusive growth setting five ambitious objectives to be reached by 2020 , particularly in the field of education to reduce early school leaving rates below 10% and to enable at least 40% of 30 - 34 years old to have completed higher education . this also includes its flagships initiatives , in particular ' youth on the move ' and the agenda for new skills and jobs . ### the european strategy for smart , sustainable and inclusive growth is defining the union ' s growth strategy for the coming decade to support smart , sustainable and inclusive growth setting five objectives to be reached by 2020 , particularly in the field of education to reduce early school leaving rates below 10% and to enable at least 40% of 30 - 34 years old to have completed higher education . this also includes its flagship initiatives , in particular ‘ youth on the move’ , the agenda for new skills and jobs and ‘ innovation union’ . __________________ 1 com0546 final of 6 october 2010 .


### member states should endeavour to adopt all appropriate measures to remove legal and administrative obstacles to the proper functioning of the programme . this also implies that visas for participants should be handed out without delays , in order to ensure that no participant misses out on either a part of or the entire study , training programme or exchange , and to avoid cancellations of mobility actions and projects . in line with article 19 of the council directive 2004 / 114 / ec of 13 december 2004 on the conditions of admission of third country nationals for the purposes of studies , pupils exchange , unremunerated training or voluntary service , member states are encouraged to establish fast - track admission procedures . ### member states should endeavour to adopt all necessary measures to remove legal and administrative obstacles to the proper functioning of the programme . this also implies that visas for participants should be handed out without delays or even waived , in order to ensure that no participant misses out on either a part of or the entire study , training programme or exchange , and to avoid cancellations of mobility actions and projects . in line with article 19 of the council directive 2004 / 114 / ec of 13 december 2004 on the conditions of admission of third country nationals for the purposes of studies , pupils exchange , unremunerated training or voluntary service , member states are encouraged to establish fast - track admission procedures .


### the programme should contribute to develop excellence in european integration studies world - wide , it should in particular support institutions that have a european governance structure , cover the whole spectrum of policy fields that are of interest for the union , are non profit organisations and provide recognised academic degrees . ### the programme should contribute to develop excellence in european integration studies world - wide , it should in particular support , including via operational funds , institutions that have a european governance structure , cover the whole spectrum of policy fields that are of interest for the union , are non profit organisations and provide recognised academic degrees .


### to foster quality improvements , innovation excellence and internationalisation at the level of educational institutions , as well as in youth work , notably through enhanced transnational cooperation between education and training providers / youth organisations and other stakeholders ; ### to foster quality improvements , innovation excellence and internationalisation at the level of educational or training institutions , as well as in youth work , notably through enhanced transnational cooperation between education and training providers / youth organisations vocational training providers and other stakeholders , including organisations representing workers , teachers , parents and students ;


### to promote the emergence of a european lifelong learning area , trigger policy reforms at national level , support the modernisation of education and training systems , including non - formal learning , and support european cooperation in the youth field , notably through enhanced policy cooperation , better use of recognition and transparency tools and the dissemination of good practices ; ### to raise awareness of formal , non - formal and informal learning , including learning from a very early age , with a view to providing lifelong learning and supporting european cooperation in the education and youth field , notably through enhanced policy cooperation , better use of recognition and transparency tools and the dissemination of good practices ;


### the policy dialogue with relevant european stakeholders in the area of education , training and youth ; ### the policy dialogue with relevant european stakeholders , and the promotion of structured dialogue , in the area of education and training , involving in particular the relevant public authorities as well as voluntary sector associations and organisations ;


### the number of persons suffering from material or even severe material deprivation in the union is increasing and those persons are often too excluded to benefit from the activation measures of regulation no [ …cpr ] , and , in particular of regulation no [ …esf ] . ### in 2011 , approximately 24 . 2% of europe’s population were considered to be at risk of poverty and / or social exclusion as defined in the europe 2020 strategy . in countries where so - called austerity policies are being applied , the number of persons suffering from material deprivation is increasing sharply and those persons are often too excluded to benefit from the activation measures of regulation no [ …cpr ] , and , in particular of regulation no [ …esf ] . consequently , given the present context , the fund for european aid to the most deprived is assuming an important role .


### the number of persons suffering from material or even severe material deprivation in the union is increasing and those persons are often too excluded to benefit from the activation measures of regulation no [ …cpr ] , and , in particular of regulation no [ …esf ] . ### the number of homeless persons and persons suffering from material or even severe food and / or material deprivation in the union is increasing and those persons are often too excluded to benefit from the activation measures of regulation no [ …cpr ] , and , in particular of regulation no [ …esf ] .


### the fund for european aid to the most deprived should strengthen social cohesion by contributing to the reduction of poverty in the union by supporting national schemes that provide non - financial assistance to the most deprived persons to alleviate food deprivation , homelessness and material deprivation of children . ### the fund for european aid to the most deprived aims to strengthen social cohesion by contributing to the reduction of poverty and social exclusion in the union by supporting national schemes that provide non - financial assistance to the most deprived persons to alleviate all forms of deprivation and poverty .


### the operational programme of each member state should identify and justify the forms of material deprivation to be addressed , and describe the objectives and features of the assistance to the most deprived persons that will be provided through the support of national schemes . it should also include elements necessary to ensure effective and efficient implementation of the operational programme . ### the operational programme of each member state should identify and justify the forms of food and / or material deprivation to be addressed , and describe the objectives and features of the assistance to the most deprived persons that will be provided through the support of national schemes . it should also include elements necessary to ensure effective , speedy and efficient implementation of the operational programme , particularly with regard to tackling food waste .


### in order to maximise effectiveness of the fund , in particular as regards the national circumstances , it is appropriate to set out a procedure for potential amendment of the operational programme . ### in order to maximise effectiveness of the fund , in particular as regards the national circumstances , it is appropriate to set out a procedure for potential amendment of the operational programme , also taking account of the opinions of non - governmental organisations involved in implementing the programme .


### exchanges of experience and best practices have a significant added value and the commission should facilitate such dissemination . ### exchanges of experience and best practices , as well as social innovation , have a significant added value and the commission and the competent authorities of the member states should facilitate their dissemination and promotion , including by organising training schemes and developing a platform for cooperation at union level covering all interested parties . .


### citizens have the right to know how the union’s financial resources are invested and to what effects . for the purpose of ensuring wide dissemination of information about the achievements of the fund and to ensure accessibility and transparency of funding opportunities , detailed rules about information and communication , especially in relation to the responsibilities of the member states and the beneficiaries , should be set out . ### citizens have the right to know how the union’s financial resources are invested and to what effects . for the purpose of ensuring wide publicity and dissemination of information about the achievements of the fund and to ensure accessibility and transparency of funding opportunities , simple rules about information , communication and publicity , and the responsibilities of local and regional authorities in the member states and the beneficiaries in this respect , should be set out .


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


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


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


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


### this regulation respects fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union , including respect for human dignity and for private and family life , the right to the protection of personal data , the rights of the child , the rights of the elderly , equality between men and women , and the prohibition of discrimination . this regulation must be applied according to these rights and principles . ### this regulation respects fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union , including respect for human dignity and for private and family life , the right to the protection of personal data , the rights of the child , the right to social assistance and to housing , the rights of the elderly , equality between men and women , and the prohibition of discrimination . this regulation must be applied according to these rights and principles .


### ' most deprived persons ' means physical persons , whether individuals , families , households or groups composed of such persons , whose need for assistance has been established according to the objective criteria adopted by the national competent authorities , or defined by the partner organisations and which are approved by those competent authorities ; ### ' most deprived persons ' means physical persons , whether individuals , families , households or groups composed of such persons , whose need for assistance has been established by the national , regional and local competent authorities in cooperation with the partner organisations ;


### the fund may support accompanying measures , complementing the provision of food and goods , contributing to the social inclusion of the most deprived persons . ### the fund , via the partner organisations , may support accompanying measures , complementing the provision of food and goods , contributing to the social inclusion and improving the quality of life of the most deprived persons and / or seeking to protect their human dignity .


### support from the fund shall be implemented in close cooperation between the commission and the member states . ### support from the fund shall be implemented by the member states in close cooperation with the commission .


### arrangements for the implementation and use of the fund , and in particular the financial and administrative resources required in relation to reporting , evaluation , management and control shall take into account the principle of proportionality having regard to the level of support allocated . ### arrangements for the implementation and use of the fund , and in particular the financial and administrative resources required in relation to reporting , evaluation , management and control shall take into account the principle of proportionality having regard to the level of support allocated and to the specific nature of the objectives .


### the commission and the member states shall ensure the effectiveness of the fund , in particular through monitoring , reporting and evaluation . ### the commission and the member states shall ensure the effectiveness of the fund at the programming stage and at the subsequent monitoring , reporting and evaluation stages . they shall also ensure that implementation is simple for the partner organisations and the beneficiaries , and shall inform the public about the realisation and use of the fund .


### the commission and the member states shall carry out their respective roles in relation to the fund with the aim of reducing the administrative burden for beneficiaries . ### in view of the charitable nature of the aid to the most deprived persons and in many cases the involvement of volunteers in it , the commission and the member states shall carry out their respective roles in relation to the fund with the constant aim of reducing the administrative burden for beneficiaries , establishing simple operating rules so as to simplify to the maximum the administrative systems with which partner organisations and / or beneficiaries are required to comply and thus affording them easy and rapid access to assistance .


### the commission and the member states shall ensure that equality between men and women and the integration of the gender perspective are promoted during the various stages of the implementation of the fund . the commission and the member states shall take appropriate steps to prevent any discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation in obtaining access to the fund . ### the commission and the member states shall ensure that equality between men and women and the integration of the gender perspective are promoted during the various stages of the implementation of the fund . the commission and the member states shall take appropriate steps to prevent any discrimination based on sex , ethnic origin , religion or belief , disability , age or sexual orientation in obtaining access to the fund and to the programmes or activities associated with it .


### each member state shall submit to the commission one operational programme covering the period between 1 january 2014 and 31 december 2020 within three months of the entry into force of this regulation , containing the following items : ### each member state shall submit to the commission , within three months of the entry into force of this regulation , one operational programme that has been prepared in cooperation with the local authorities and the organisations fighting poverty and social exclusion , including organisations formerly in receipt of mdp funding . the operational programme shall cover the period between 1 january 2014 and 31 december 2020 and shall contain the following items :


### an identification of and a justification for selecting the type of material deprivation to be addressed under the operational programme and a description for each type of material deprivation addressed of the main characteristics and the objectives of the distribution of food or goods and the accompanying measures to be provided , having regard to the results of the ex ante evaluation carried out in accordance with article 14 ; ### an identification of the type of food and / or material deprivation to be addressed under the operational programme and a description of the main characteristics and the objectives of the distribution of good - quality , healthy food or goods and the accompanying measures to be provided


### a description of the measures taken to involve the competent regional , local and other public authorities as well as bodies representing civil society and bodies responsible for promoting equality and non - discrimination in the preparation of the operational programme ; ### a description of the participation by the competent regional and local authorities , their representative organisations and other public authorities , as well as bodies representing civil society and bodies responsible for promoting equality and non - discrimination in the preparation of the operational programme ;


### a table specifying , for the whole programming period , the amount of the total financial appropriation in respect of support from the operational programme for each type of material deprivation addressed as well as the corresponding accompanying measures . ### a table specifying , for the whole programming period , the amount of the total financial appropriation in respect of support from the operational programme for each type of food and / or material deprivation addressed as well as the corresponding accompanying measures .


### operational programmes shall be drawn up by member states or any authority designated by them in cooperation with the competent regional , local and other public authorities as well as bodies representing civil society and bodies responsible for promoting equality and non - discrimination . ### operational programmes shall be drawn up by member states or any authority designated by them in cooperation with the competent regional and local authorities , their representative bodies and other public authorities as well as bodies representing civil society and bodies responsible for promoting equality and non - discrimination .


### the commission shall set up a union level platform to facilitate the exchange of experience , capacity building and networking , as well as dissemination of relevant outcomes in the area of non - financial assistance to the most deprived persons . ### the commission shall set up a union level platform to facilitate the exchange of experience and know - how , capacity building , networking , the deployment of distribution networks throughout europe , particularly in those areas within each member state where levels of poverty and exclusion are highest , and the development of transnational and cross - border activities , as well as dissemination of relevant and innovative outcomes in the field of food and goods distribution to the most deprived persons . it shall integrate and link on the platform the organisations that represent the partner organisations at union level , as well as the partner organisations and beneficiaries in each member state . it shall set up and manage a public website specifically for the platform . the site will include a presentation of the various partner organisations , their activities and where they operate in the eu , including the outermost regions . it will also present all documents and information relevant to the running of the platform and to its work .