### the enlargement process is built on established criteria and fair and rigorous conditionality . each beneficiary is assessed on the basis of its own merits . the assessment of progress achieved and the identification of shortcomings aim to provide incentives and guidance to the beneficiaries listed in annex i to pursue the necessary far - reaching reforms . for the prospect of enlargement to become a reality , a firm commitment to the principle of the ' fundamentals first ' 15 remains essential . progression towards accession depends on each applicant ' s respect for the union ' s values and its capacity to undertake the necessary reforms to align its political , institutional , legal , administrative and economic systems with the rules , standards , policies and practices in the union . _________________ 15 the ' fundamentals first ' approach links rule of law and fundamental rights with the two other crucial areas of the accession process : economic governance – strengthened focus on economic development and improved competitiveness – and the strengthening of democratic institutions and public administration reform . each of the three fundamentals is of crucial importance for the reform processes in the candidate countries and potential candidates and addresses key concerns of the citizens . ### the enlargement process is built on established criteria and fair and rigorous conditionality . each beneficiary is assessed on the basis of its own merits . the assessment of progress achieved and the identification of shortcomings aim to provide incentives and guidance to the beneficiaries listed in annex i to pursue the necessary far - reaching reforms . for the prospect of enlargement to become a reality , a firm commitment to the principle of the ' fundamentals first ' 15 remains essential . progression towards accession depends on each applicant ' s respect for the union ' s values and its capacity to undertake the necessary reforms to align its political , institutional , legal , administrative and economic systems with the rules , standards , policies and practices in the union . in addition , the negotiating framework of each and every candidate country conducting accession negotiations sets out clear requirements against which progress in the accession negotiations is being measured . _________________ 15 the ' fundamentals first ' approach links rule of law and fundamental rights with the two other crucial areas of the accession process : economic governance – strengthened focus on economic development and improved competitiveness – and the strengthening of democratic institutions and public administration reform . each of the three fundamentals is of crucial importance for the reform processes in the candidate countries and potential candidates and addresses key concerns of the citizens .


### the enlargement process is built on established criteria and fair and rigorous conditionality . each beneficiary is assessed on the basis of its own merits . the assessment of progress achieved and the identification of shortcomings aim to provide incentives and guidance to the beneficiaries listed in annex i to pursue the necessary far - reaching reforms . for the prospect of enlargement to become a reality , a firm commitment to the principle of the ' fundamentals first ' 15 remains essential . progression towards accession depends on each applicant ' s respect for the union ' s values and its capacity to undertake the necessary reforms to align its political , institutional , legal , administrative and economic systems with the rules , standards , policies and practices in the union . _________________ 15 the ' fundamentals first ' approach links rule of law and fundamental rights with the two other crucial areas of the accession process : economic governance – strengthened focus on economic development and improved competitiveness – and the strengthening of democratic institutions and public administration reform . each of the three fundamentals is of crucial importance for the reform processes in the candidate countries and potential candidates and addresses key concerns of the citizens . ### the enlargement process is built on established criteria and fair and rigorous conditionality . each beneficiary is assessed on the basis of its own merits . the assessment of progress achieved and the identification of shortcomings aim to provide incentives and guidance to the beneficiaries listed in annex i to pursue the necessary far - reaching reforms . for the prospect of enlargement to become a reality , a firm commitment to the principle of the ' fundamentals first ' 15 remains essential . furthermore , good neighbourly relations and regional cooperation are also essential elements of the enlargement process . progress towards accession depends on each applicant ' s respect for the union ' s values and its capacity to undertake the necessary reforms to align its political , institutional , legal , administrative and economic systems with the rules , standards , policies and practices in the union . _________________ 15 the ' fundamentals first ' approach links rule of law and fundamental rights with the two other crucial areas of the accession process : economic governance – strengthened focus on economic development and improved competitiveness – and the strengthening of democratic institutions and public administration reform . each of the three fundamentals is of crucial importance for the reform processes in the candidate countries and potential candidates and addresses key concerns of the citizens .


### establishing and promoting from an early stage the proper functioning of the institutions necessary in order to secure the rule of law . interventions in this area shall aim at : establishing independent , accountable and efficient judicial systems , including transparent and merit - based recruitment and promoting judicial cooperation , evaluation and promotion systems and effective disciplinary procedures in cases of wrongdoing ; ensuring the establishment of robust systems to protect the borders , manage migration flows and provide asylum to those in need ; developing effective tools to prevent and fight organised crime , trafficking in human beings , migrants smuggling , money laundering / financing of terrorism and corruption ; promoting and protecting human rights , rights of persons belonging to minorities including roma as well as lesbian , gay , bisexual , transgender and intersex persons fundamental freedoms , including freedom of the media and data protection . ### establishing and promoting from an early stage the proper functioning of the institutions necessary in order to secure the rule of law . interventions in this area shall aim at : establishing independent , accountable and efficient judicial systems , including transparent and merit - based recruitment and promoting judicial cooperation , evaluation and promotion systems and effective disciplinary procedures in cases of wrongdoing ; ensuring the establishment of robust systems to protect the borders , manage migration flows and provide asylum to those in need ; developing effective tools to prevent and fight organised crime , trafficking in human beings , migrants smuggling , drug trafficking , money laundering / financing of terrorism and corruption ; promoting and protecting human rights , rights of persons belonging to minorities including roma as well as lesbian , gay , bisexual , transgender and intersex persons fundamental freedoms , including freedom of the media and data protection .


### to shape the rules , standards , policies and practices of the beneficiaries listed in annex i in alignment to those of the union and to reinforce reconciliation and good neighbourly relations , as well as people to people contacts and communication ; ### to shape the rules , standards , policies and practices of the beneficiaries listed in annex i in alignment to those of the union and to reinforce reconciliation and good neighbourly relations , as well as peace - building and conflict prevention , including through people to people contacts , freedom of the media and communication ;


### assistance should also be provided in compliance with the agreements concluded by the union with the beneficiaries listed in annex i . assistance should mainly focus on assisting the beneficiaries listed in annex i to strengthen democratic institutions and the rule of law , reform the judiciary and public administration , respect fundamental rights and promote gender equality , tolerance , social inclusion and non - discrimination . assistance should also support the key principles and rights as defined in the european pillar of social rights . 17 assistance should continue to support their efforts to advance regional , macro - regional and cross - border cooperation as well as territorial development , including through implementation of union macro - regional strategies . it should also enhance their economic and social development and economic governance , underpinning a smart , sustainable and inclusive growth agenda , including through implementation of regional development , agriculture and rural development , social and employment policies and the development of the digital economy and society , also in line with the flagship initiative digital agenda for the western balkans . _________________ 17 european pillar of social rights solemnly proclaimed by the european parliament , the council and the commission at the gothenburg social summit for fair jobs and growth , gothenburg 17 november 2017 . ### assistance should also be provided in compliance with the agreements concluded by the union with the beneficiaries listed in annex i . assistance should mainly focus on assisting the beneficiaries listed in annex i to strengthen democratic institutions and the rule of law , reform the judiciary and public administration , respect fundamental rights and promote gender equality , tolerance , social inclusion and non - discrimination , in particular for vulnerable people such as children . assistance should also support the key principles and rights as defined in the european pillar of social rights . 17 assistance should continue to support their efforts to advance regional , macro - regional and cross - border cooperation as well as territorial development , including through implementation of union macro - regional strategies . it should also enhance their economic and social development and economic governance , underpinning a smart , sustainable and inclusive growth agenda , including through implementation of regional development , agriculture and rural development , social and employment policies , reducing poverty , regional imbalances and social exclusion and the development of the digital economy and society , also in line with the flagship initiative digital agenda for the western balkans . _________________ 17 european pillar of social rights solemnly proclaimed by the european parliament , the council and the commission at the gothenburg social summit for fair jobs and growth , gothenburg 17 november 2017 .


### assistance should also be provided in compliance with the agreements concluded by the union with the beneficiaries listed in annex i . assistance should mainly focus on assisting the beneficiaries listed in annex i to strengthen democratic institutions and the rule of law , reform the judiciary and public administration , respect fundamental rights and promote gender equality , tolerance , social inclusion and non - discrimination . assistance should also support the key principles and rights as defined in the european pillar of social rights . 17 assistance should continue to support their efforts to advance regional , macro - regional and cross - border cooperation as well as territorial development , including through implementation of union macro - regional strategies . it should also enhance their economic and social development and economic governance , underpinning a smart , sustainable and inclusive growth agenda , including through implementation of regional development , agriculture and rural development , social and employment policies and the development of the digital economy and society , also in line with the flagship initiative digital agenda for the western balkans . _________________ 17 european pillar of social rights solemnly proclaimed by the european parliament , the council and the commission at the gothenburg social summit for fair jobs and growth , gothenburg 17 november 2017 . ### assistance should also be provided in compliance with the agreements concluded by the union with the beneficiaries listed in annex i . assistance should mainly focus on assisting the beneficiaries listed in annex i to strengthen democratic institutions and the rule of law , reform the judiciary and public administration , respect fundamental rights and promote gender equality , tolerance , social inclusion and non - discrimination . assistance should also support the key principles and rights as defined in the european pillar of social rights17 , as well as in other international and eu human rights policy and legislation , such as the uncrpd , and should not support any action that contributes to segregation or to social exclusion , such as investments in residential institutions for children . assistance should continue to support their efforts to advance regional , macro - regional and cross - border cooperation as well as territorial development , including through implementation of union macro - regional strategies . it should also enhance their economic and social development and economic governance , underpinning a smart , sustainable and inclusive growth agenda , including through implementation of regional development , agriculture and rural development , social and employment policies and the development of the digital economy and society , also in line with the flagship initiative digital agenda for the western balkans . _________________ 17 european pillar of social rights solemnly proclaimed by the european parliament , the council and the commission at the gothenburg social summit for fair jobs and growth , gothenburg 17 november 2017 .


### establishing and promoting from an early stage the proper functioning of the institutions necessary in order to secure the rule of law . interventions in this area shall aim at : establishing independent , accountable and efficient judicial systems , including transparent and merit - based recruitment and promoting judicial cooperation , evaluation and promotion systems and effective disciplinary procedures in cases of wrongdoing ; ensuring the establishment of robust systems to protect the borders , manage migration flows and provide asylum to those in need ; developing effective tools to prevent and fight organised crime , trafficking in human beings , migrants smuggling , money laundering / financing of terrorism and corruption ; promoting and protecting human rights , rights of persons belonging to minorities including roma as well as lesbian , gay , bisexual , transgender and intersex persons fundamental freedoms , including freedom of the media and data protection . ### establishing and promoting from an early stage the proper functioning of the institutions necessary in order to secure the rule of law . interventions in this area shall aim at : establishing independent , accountable and efficient judicial systems , including transparent and merit - based recruitment and promoting judicial cooperation , evaluation and promotion systems and effective disciplinary procedures in cases of wrongdoing ; ensuring the establishment of robust systems to protect the borders , manage migration flows and provide asylum to those in need ; developing effective tools to prevent and fight organised crime , trafficking in human beings , migrants smuggling , money laundering / financing of terrorism and corruption ; promoting and protecting human rights including the rights of the child , rights of persons belonging to minorities including roma as well as lesbian , gay , bisexual , transgender and intersex persons fundamental freedoms , including freedom of the media and data protection .


### the following list of key performance indicators shall be used to help measure the union’s contribution to the achievement of its specific objectives : ### the following list of key performance indicators shall be used to help measure the union’s contribution to the achievement of its specific objectives and the progress made by the beneficiaries :


### each member state shall designate a single national regulatory body for the road passenger transport sector . that body shall be an impartial authority which is , in organisational , functional , hierarchical and decision making terms , legally distinct and independent from any other public or private entity . it shall be independent from any competent authority involved in the award of a public service contract . ### each member state shall designate a national public regulatory body in the road passenger transport sector and shall be responsible for defining its structure and remit .


### authorisation for both national and international regular services should be subject to an authorisation procedure . authorisation should be granted , unless there are specific grounds for refusal attributable to the applicant , or the service would compromise the economic equilibrium of a public service contract . a distance threshold should be introduced to ensure that commercial regular service operations do not compromise the economic equilibrium of existing public service contracts . in the case of routes already served by more than one public service contract , it should be possible to increase that threshold . ### authorisation for both national and international regular services should be subject to an authorisation procedure .


### authorisation shall be granted unless refusal can be justified on one or more of the grounds listed in points to of article 8c . ### authorisation shall be granted unless refusal can be justified on objective grounds related to the public interest , such as that the service would compromise the equilibrium of a public service contract , environmental considerations or that the applicant has not complied with road transport or other relevant provisions of national , union or international law . .


### commercial regular service operations should not compromise the economic equilibrium of existing public service contracts . for this reason , the regulatory body should be able to carry out an objective economic analysis to ensure that this is the case . ### commercial regular service operations should not compromise the equilibrium of existing public service contracts .


### regular services performed in accordance with this regulation . ” ; ### regular services performed by a carrier not resident in the host member state in the course of a regular international service in accordance with this regulation . cabotage operations may not be carried out independently of such an international service .


### ‘ terminal operator’ means any entity responsible for granting access to a terminal ; ### ‘ terminal operator’ means any entity responsible for the management of a terminal designated as indicated in article 2 . the operation of a terminal shall require permission from the national competent authority .


### each member state shall designate a single national regulatory body for the road passenger transport sector . that body shall be an impartial authority which is , in organisational , functional , hierarchical and decision making terms , legally distinct and independent from any other public or private entity . it shall be independent from any competent authority involved in the award of a public service contract . ### each member state shall designate a national regulatory body for the road passenger transport sector .


### an independent and impartial regulatory body should be designated in each member state to ensure the proper functioning of the road passenger transport market . that body may also be responsible for other regulated sectors such as rail , energy or telecommunications . ### each member state should have a public regulatory body ensuring the implementation of road passenger transport strategy in each member state and monitoring public and private sector operators .


### commercial regular service operations should not compromise the economic equilibrium of existing public service contracts . for this reason , the regulatory body should be able to carry out an objective economic analysis to ensure that this is the case . ### commercial regular service operations may not compromise the public transport service already in existence or decided by the member states .


### in order to ensure fair competition in the market , operators of regular services should be provided with access rights to terminals in the union on fair , equitable , non - discriminatory and transparent terms . appeals against decisions rejecting or limiting access should be lodged with the regulatory body . ### member states shall determine , through their competent authorities , the conditions of access to road transport terminals . appeals against decisions rejecting or limiting access should be lodged with the regulatory body .


### - cadmium 3 mg / kg dry matter , ### - cadmium 1 , 5 mg / kg dry matter ,


### - lead 150 mg / kg dry matter . ### - lead 20 mg / kg dry matter .


### this regulation should not prevent the application of existing union legislation relating to aspects of protection of health , safety and the environment not covered by this regulation . this regulation should therefore apply without prejudice to council directive 86 / 278 / eec22 , council directive 89 / 391 / eec23 , regulation no 1907 / 2006 of the european parliament and of the council24 , regulation no 1272 / 2008 of the european parliament and of the council25 , commission regulation no 1881 / 200626 , council directive 2000 / 29 / ec27 , regulation no 98 / 2013 of the european parliament and of the council28 , and regulation no 1143 / 2014 of the european parliament and of the council29 . __________________ 22 council directive 86 / 278 / eec of 12 june 1986 on the protection of the environment , and in particular of the soil , when sewage sludge is used in agriculture . 23 council directive 89 / 391 / eec of 12 june 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work . 24 regulation no 1907 / 2006 of the european parliament and of the council of 18 december 2006 concerning the registration , evaluation , authorisation and restriction of chemicals . 25 regulation no 1272 / 2008 of the european parliament and of the council of 16 december 2008 on classification , labelling and packaging of substances and mixtures . 26 commission regulation no 1881 / 2006 of 19 december 2006 setting maximum levels for certain contaminants in foodstuffs . 27 council directive 2000 / 29 / ec of 8 may 2000 on protective measures against the introduction into the community of organisms harmful to plants or plant products and against their spread within the community . 28 regulation no 98 / 2013 of the european parliament and of the council of 15 january 2013 on the marketing and use of explosives precursors . 29 regulation no 1143 / 2014 of the european parliament and of the council of 22 october 2014 on the prevention and management of the introduction and spread of invasive alien species . ### this regulation should not prevent the application of existing union legislation relating to aspects of protection of health , safety and the environment not covered by this regulation . this regulation should therefore apply without prejudice to council directive 86 / 278 / eec22 , council directive 91 / 676 / eec22a , council directive 2000 / 60 / ec 22b , council directive 89 / 391 / eec23 , regulation no 1907 / 2006 of the european parliament and of the council24 , regulation no 1272 / 2008 of the european parliament and of the council25 , commission regulation no 1881 / 200626 , council directive 2000 / 29 / ec27 , regulation no 98 / 2013 of the european parliament and of the council28 , and regulation no 1143 / 2014 of the european parliament and of the council29 and council regulation no 834 / 2007 29a . __________________ 22 council directive 86 / 278 / eec of 12 june 1986 on the protection of the environment , and in particular of the soil , when sewage sludge is used in agriculture . 22a council directive 91 / 676 / eec of 12 december 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources . 22b 22b directive 2000 / 60 / ec of the european parliament and of the council of 23 october 2000 establishing a framework for community action in the field of water policy . 23 council directive 89 / 391 / eec of 12 june 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work . 24 regulation no 1907 / 2006 of the european parliament and of the council of 18 december 2006 concerning the registration , evaluation , authorisation and restriction of chemicals . 25 regulation no 1272 / 2008 of the european parliament and of the council of 16 december 2008 on classification , labelling and packaging of substances and mixtures . 26 commission regulation no 1881 / 2006 of 19 december 2006 setting maximum levels for certain contaminants in foodstuffs . 27 council directive 2000 / 29 / ec of 8 may 2000 on protective measures against the introduction into the community of organisms harmful to plants or plant products and against their spread within the community . 28 regulation no 98 / 2013 of the european parliament and of the council of 15 january 2013 on the marketing and use of explosives precursors . 29 regulation no 1143 / 2014 of the european parliament and of the council of 22 october 2014 on the prevention and management of the introduction and spread of invasive alien species . 29a council regulation no 834 / 2007 of 28 june 2007 on organic production and labelling of organic products


### within the framework of their respective competences , the authority should cooperate with other agencies of the union , in particular those established in the area of employment and social policy , building on their expertise and maximising synergies : the european foundation for the improvement of living and working conditions , the european centre for the development of vocational training , the european agency for safety and health at work , and the european training foundation , as well as , as regards the fight against organised crime and trafficking in human beings , with the european union agency for law enforcement cooperation and european union agency for criminal justice cooperation . ### the authority should be either directly incorporated within an existing european agency , such as those established in the area of employment and social policy , or cooperate closely with other agencies of the union in order to ensure synergies are maximised and duplication is avoided in order to achieve financial savings : the european foundation for the improvement of living and working conditions , the european centre for the development of vocational training , the european agency for safety and health at work , and the european training foundation , as well as , as regards the fight against organised crime and trafficking in human beings , with the european union agency for law enforcement cooperation and european union agency for criminal justice cooperation .


### the implementation of this regulation should be guided by the five priorities established in the global strategy for the european union’s foreign and security policy 59 , presented on 19 june 2016 , which represents the union ' s vision and the framework for united and responsible external engagement in partnership with others , to advance its values and interests . the union should enhance partnerships , promote policy dialogue and collective responses to challenges of global concern . its action should support the union’s interests and values in all its aspects , including preserving peace , preventing conflicts , strengthening international security , fighting root causes of irregular migration and assisting populations , countries and regions confronting natural or man - made disasters , supporting trade policy , economic diplomacy and economic cooperation , promoting digital solutions and technologies , and fostering the international dimension of union’s policies . in promoting its interests , the union should comply with , and promote , the principles of respect for high social and environmental standards , for the rule of law , for international law and for human rights . __________________ 59 ' shared vision , common action : a stronger europe . a global strategy for the european union ' s foreign and security policy ' , june 2016 . ### the implementation of this regulation should be guided by the policy framework for union development cooperation as laid down in the treaty on the functioning of the european union , the 2030 agenda , the paris climate agreement , the european consensus on development , the action plan for human rights and democracy , the charter of fundamental rights of the european union , the european convention for the protection of human rights and fundamental freedoms and the convention on the rights of the child . it should also be guided by the five priorities established in the global strategy for the european union’s foreign and security policy 59 , presented on 19 june 2016 , which represents the union ' s vision and the framework for united and responsible external engagement in partnership with others , to advance its values and interests . the union should enhance partnerships , promote policy dialogue and collective responses to challenges of global concern . its action should support the union’s principles in all its aspects , including contributing to the eradication of poverty , fighting inequalities in all its forms , in particular social inequalities , preserving peace , preventing conflicts , fighting root causes of forced displacement and assisting populations and countries and regions with enhanced migratory pressure and confronting natural or man - made disasters , supporting a fair , human rights compliant and gender - just trade policy , economic diplomacy and economic cooperation , promoting digital solutions and technologies , and fostering the international dimension of union’s policies . in promoting its interests , the union should comply with , and promote high social and environmental standards , constitutional democracy , international law and human rights . __________________ 59 ' shared vision , common action : a stronger europe . a global strategy for the european union ' s foreign and security policy ' , june 2016 .


### this regulation should reflect the need to focus on strategic priorities , both geographically – the european neighbourhood and africa , as well as countries that are fragile and most in need , but also thematically – security , migration , climate change and human rights . ### this regulation should reflect the need to focus on strategic priorities , both geographically – the european neighbourhood and africa , as well as least developed countries and other countries that are fragile and most in need but also thematically – achieving the sustainable development goals , fighting climate change and environmental degradation , fighting inequalities and contributing to protect human rights in union partner countries .


### it is essential to further step up cooperation on migration with partner countries , reaping the benefits of well - managed and regular migration and effectively addressing irregular migration . such cooperation should contribute to ensuring access to international protection , addressing the root causes of irregular migration , enhancing border management and pursuing efforts in the fight against irregular migration , trafficking in human beings and migrant smuggling , and working on returns , readmission and reintegration where relevant , on the basis of mutual accountability and full respect of humanitarian and human rights obligations . therefore , third countries ' effective cooperation with the union in this area should be an integral element in the general principles of this regulation . an increased coherence between migration and development cooperation policies is important to ensure that development assistance supports partner countries to manage migration more effectively . this regulation should contribute to a coordinated , holistic and structured approach to migration , maximising the synergies and applying the necessary leverage . ### it is essential to facilitate safe and legal paths of migration and asylum , including increasing the resettlement capacities of the union and the member states . cooperation with third countries should contribute to ensuring access to international protection , addressing the root causes of forced displacements , protecting victims of trafficking in human beings as well as addressing its demand , on the basis of the full respect of european and international human rights obligations and of the principles of solidarity , non - discrimination and non - refoulement .


### all external action guarantee agreements shall , upon request , be made available to the european parliament and to the council , taking into account the protection of confidential and commercially sensitive information . ### all external action guarantee agreements shall be made available to the european parliament and to the council .


### to support and foster dialogue and cooperation with third countries and regions in the neighbourhood , in sub - saharan africa , in asia and the pacific , and in the americas and the caribbean ; ### to support and foster dialogue and cooperation with third countries and regions in the neighbourhood , in sub - saharan africa , in asia and the pacific , and in the americas and the caribbean , with the objective of achieving sustainable development , eradicating poverty , combating inequities , such as those produced , inter alia , by exploitation of natural resources or land and water - grabbing ;


### to address new needs or emerging challenges , such as those at the union’s or its neighbours’ borders linked to crisis and post - crisis situations or migratory pressure ; ### to address new needs or emerging challenges linked to crisis and post - crisis situations or threats to human rights and fundamental freedoms ;


### indicatively 10 % of the financial envelope set out in article 4 to supplement the country financial allocations referred to in article 12 shall be allocated to partner countries listed in annex i in order to implement the performance - based approach . the performance - based allocations shall be decided on the basis of their progress towards democracy , human rights , rule of law , cooperation on migration , economic governance and reforms . the progress of partner countries shall be assessed annually . ### indicatively 10 % of the financial envelope set out in article 4 to supplement the country financial allocations referred to in article 12 shall be allocated to partner countries listed in annex i in order to implement the performance - based approach . the performance - based allocations shall be decided on the basis of their progress towards human rights , rule of law and good governance . the progress of partner countries shall be assessed annually with the active involvement of civil society .


### at global level , to consolidate and support democracy , rule of law and human rights , support civil society organisations , further stability and peace and address other global challenges including migration and mobility ; ### to consolidate and support democracy , human rights and social equality , support civil society organisations , further stability based on peace and address other global challenges , such as climate disasters .


### this regulation should enable the union to respond to challenges , needs and opportunities related to migration , in complementarity with union migration policy . to contribute to that end , and without prejudice to unforeseen circumstances , 10% of its financial envelope is expected to be dedicated to addressing the root causes of irregular migration and forced displacement and to supporting migration management and governance including the protection of refugees and migrants ' rights within the objectives of this regulation . ### this regulation should enable the union to respond to challenges , needs and opportunities related to migration , in complementarity with union migration policy and the priorities as set out for the asylum and migration fund . to contribute to that end , and without prejudice to new emerging challenges , 10% of its financial envelope is expected to be dedicated to addressing the root causes of unsafe migration and forced displacement and to support the needs of displaced people and host communities . this should be done by supporting decent and sustainable employment , particularly for young people , as well as healthcare , nutrition , education and other social pre - conditions to employability .


### the purpose of the efsd + as an integrated financial package supplying financial capacity drawing on the methods of implementation set up in article 23 , , and , shall be to support investments and increase access to financing , in order to foster sustainable and inclusive economic and social development and promote the socio - economic resilience in partner countries with a particular focus on the , eradication of poverty , sustainable and inclusive growth , the creation of decent jobs , economic opportunities , skills and entrepreneurship , socioeconomic sectors , micro , small and medium - sized enterprises as well as addressing specific socioeconomic root causes of irregular migration , in accordance with the relevant indicative programming documents . special attention shall be given to countries identified as experiencing fragility or conflict , least developed countries and heavily indebted poor countries . ### the purpose of the efsd + as an integrated financial package supplying financial capacity drawing on the methods of implementation set up in article23 , , and , shall be to support investments and increase access to financing , in order to foster sustainable and inclusive economic and social development and promote the socio - economic resilience in partner countries with a particular focus on the eradication of poverty , sustainable and inclusive economic development , the creation of decent jobs and economic opportunities , in particular for women and young people , skills and entrepreneurship , with a focus on social enterprises and cooperatives in view of their potential to reduce poverty and inequalities , supporting micro , small and medium - sized enterprises as well as addressing climate change through mitigation and adaptation and specific socioeconomic and environmental root causes of unsafe migration and forced mass - displacement . special attention shall be given to countries identified as experiencing fragility , conflict and wars , least developed countries and heavily indebted poor countries . the efsd + guarantee shall not be used to replace government responsibility for providing essential public services which remains a government responsibility .


### the efsd + should aim at supporting investments as a means of contributing to the achievement of the sustainable development goals by fostering sustainable and inclusive economic and social development and promoting the socio - economic resilience in partner countries with a particular focus on the eradication of poverty , sustainable and inclusive growth , the creation of decent jobs , economic opportunities , skills and entrepreneurship , socioeconomic sectors , micro , small and medium - sized enterprises as well as addressing specific socioeconomic root causes of irregular migration , in accordance with the relevant indicative programming documents . special attention should be given to countries identified as experiencing fragility or conflict , least developed countries and heavily indebted poor countries . ### the efsd + should aim at supporting investments as a means of contributing to the achievement of the sustainable development goals by fostering sustainable and inclusive economic and social development and promoting the socio - economic resilience in partner countries with a particular focus on the eradication of poverty , sustainable and inclusive economic progress , the creation of decent jobs and economic opportunities for women and young people , skills and entrepreneurship , by supporting micro , small and medium - sized enterprises and cooperatives as well as addressing climate change through mitigation and adaptation , environmental degradation , land and water - grabbing , and specific socioeconomic root causes of forced displacement in accordance with the relevant indicative programming documents . special attention should be given to countries identified as experiencing fragility or conflict , least developed countries and heavily indebted poor countries .


### in the light of the resolution adopted at icao ' s 39th assembly in october 2016 on the implementation of a global market - based measure from 2021 to offset international aviation emissions above 2020 levels , it is considered appropriate to continue the existing derogation pending further progress on the design elements and the implementation of the global market - based measure . in this regard , the adoption of standards and recommended practices by icao to complement that resolution and implement the global system is planned for 2018 . however , its concrete operationalisation will require action by icao parties at domestic level . also , governance arrangements must be developed by icao , including a registry system . in this context , the current derogation of the eu ets obligations for flights to and from third countries should be extended , subject to the review on implementing the icao scheme , in order to promote momentum in icao and facilitate the operationalisation of the icao scheme . as a result of the extension of the derogation , the amount of allowances to be auctioned and issued for free , including from the special reserve , should be the same as would correspond to 2016 , and should be proportional to the reduction of the surrender obligation . ### in the light of the resolution adopted at icao ' s 39th assembly in october 2016 on the implementation of a global measure from 2021 to offset international aviation emissions above 2020 levels , it isn ' t appropriate to continue the existing derogation pending further progress on the design elements and the implementation of the global market - based measure . in this regard , the adoption of standards and recommended practices by icao to complement that resolution and implement the global system is planned for 2018 . as a result , the amount of allowances to be issued for free , including the special reserve , should be reduced .


### member states should retain the power to ensure an adequate level of social protection for the staff of undertaking providing port services . this regulation shall not affect the application of the social and labour rules of the member states . in cases of limitation of the number of port service providers , where the conclusion of a port service contract may entail a change of port service operator , it should be possible for the competent authorities to ask the chosen service operator to apply the provisions of council directive 2001 / 23 / ec on the approximation of the laws of the member states relating to the safeguarding of employees ' rights in the event of transfers of undertakings , businesses or parts of undertakings or businesses11 . __________________ 11 oj l 82 , 22 . 3 . 2001 , p . 16 . ### member states should retain the power to ensure an adequate level of social protection for the staff of undertaking providing port services . this regulation shall not affect the application of the social and labour rules of the member states and should take into account article 28 of the charter of fundamental rights of the european union . where the conclusion of a port service contract may entail a change of port service operator , the member states should require the chosen service operator to apply the provisions of council directive 2001 / 23 / ec on the approximation of the laws of the member states relating to the safeguarding of employees ' rights in the event of transfers of undertakings , businesses or parts of undertakings or businesses11 . __________________ 11 oj l 82 , 22 . 3 . 2001 , p . 16 .


### in the event of a disruption of port services for which public service obligations are imposed or when an immediate risk of such a situation occurs , the competent authority may take an emergency measure . the emergency measure may take the form of a direct award so as to attribute the service to a different provider for a period up to one year . during that time period , the competent authority shall either launch a new procedure to select a provider of port service in accordance with article 7 or shall apply article 9 . ### in the event of a disruption of port services for which public service obligations are imposed or when an immediate risk of such a situation occurs , the competent authority may take an emergency measure . the emergency measure may take the form of a direct award so as to attribute the service to a different provider for a period up to one year . during that time period , the competent authority shall either launch a new procedure to select a provider of port service or shall apply article 9 . collective actions are not considered to be disruptions of port services for which emergency measures can be taken .


### this chapter and the transitional provisions of article 24 shall not apply to cargo handling services and passenger services . ### this chapter , with the exception of article 10a , and the transitional provisions of article 24 shall not apply to cargo handling services , passenger services and pilotage .


### without prejudice to national and union law including collective agreements between social partners , the managing bodies of the port may require the designated provider of port services appointed in accordance with the procedure established by article 7 , in the case where this provider is different from the incumbent provider of port services , to grant staff previously taken on by the incumbent provider of port services the rights to which they would have been entitled if there had been a transfer within the meaning of directive 2001 / 23 / ec . ### without prejudice to national and union law including collective agreements between social partners , the member states shall require the designated provider of port services , in the case where this provider is different from the incumbent provider of port services and where the incumbent provider ceases its commercial operations , to grant staff previously taken on by the incumbent provider of port services the rights to which they would have been entitled if there had been a transfer within the meaning of directive 2001 / 23 / ec .


### the managing body of the port may require that providers of port services comply with minimum requirements to perform the corresponding port service . ### without prejudice to the possibility of imposing public service obligations as provided for in article 8 , the managing body of the port or the competent national authority may require that providers of port services , including subcontractors , comply with minimum requirements to perform the corresponding port service .


### in the interest of efficient , safe and environmentally sound port management , the managing body of the port should be able to require that port service providers can demonstrate that they meet minimum requirements to perform the service in an appropriate way . these minimum requirements should be limited to a clearly defined set of conditions concerning the professional qualifications of the operators , including in terms of training , and the equipment required insofar as these requirements are transparent , non - discriminatory , objective and relevant for the provision of the port service . ### in the interest of efficient , safe and environmentally sound port management , the managing body of the port should be able to require that port service providers can demonstrate that they meet minimum requirements to perform the service in an appropriate way . these minimum requirements should be limited to a clearly defined set of conditions concerning the professional qualifications of the operators , the equipment needed in order to provide the relevant port service , and compliance with maritime safety requirements . these minimum requirements should also take into account environmental requirements as well as national social standards and the good repute of the port service provider .


### without prejudice to national and union law including collective agreements between social partners , the managing bodies of the port may require the designated provider of port services appointed in accordance with the procedure established by article 7 , in the case where this provider is different from the incumbent provider of port services , to grant staff previously taken on by the incumbent provider of port services the rights to which they would have been entitled if there had been a transfer within the meaning of directive 2001 / 23 / ec . ### without prejudice to national and union law including collective agreements between social partners , at european , national , regional or local level , the member states shall require the designated provider of port services , in the case where this provider is different from the incumbent provider of port services and where the incumbent provider ceases its commercial operations , to respect the rights in terms of information and consultation of workers and to grant staff previously taken on by the incumbent provider of port services , irrespective of whether they perform their tasks on board vessels or on land for the services in question , the rights to which they would have been entitled if there had been a transfer within the meaning of directive 2001 / 23 / ec .


### market access ### organisation of port services


### the minimum requirements provided for in paragraph 1 may only relate , where applicable , to : ### the minimum requirements provided for in paragraph 1 relate to :


### the assignor and the assignee may choose the law applicable to the assigned claim as the law applicable to the third - party effects of an assignment of claims in view of a securitisation . ### the assignor and the assignee may choose the law applicable to the assigned claim as the law applicable to the third - party effects of an assignment of claims in view of a securitisation , as well as in view of supply chain finance programs and secondary trading in syndicated loans .


### the choice of law shall be made expressly in the assignment contract or by a separate agreement . the substantive and formal validity of the act whereby the choice of law was made shall be governed by the chosen law . ### the choice of law shall be made expressly in the assignment contract or by a separate agreement . the substantive and formal validity of the act whereby the choice of law was made shall be governed by the chosen law . any assignment shall be formally valid if it satisfies the formal requirements of the law that applies to the contract between the assignor and assignee under article 14 of rome i .


### national plans should be stable to ensure transparency and predictability of national policies and measures in order to ensure investor certainty . updates of national plans should however be foreseen once during the ten - year period covered to give member states the opportunity to adapt to significant changing circumstances . for the plans covering the period from 2021 to 2030 , member states should be able to update their plans by 1 january 2024 . targets , objectives and contributions should only be modified to reflect an increased overall ambition in particular as regards the 2030 targets for energy and climate . as part of the updates , member states should make efforts to mitigate any adverse environmental impacts that become apparent as part of the integrated reporting . ### national plans should be stable to ensure transparency and predictability of national policies and measures in order to ensure the need and rights of local populations are balanced against investor certainty . updates of national plans should however be foreseen once during the ten - year period covered to give member states the opportunity to adapt to significant changing circumstances . for the plans covering the period from 2021 to 2030 , member states should be able to update their plans by 1 january 2024 . targets , objectives and contributions should only be modified to reflect an increased overall ambition in particular as regards the 2030 targets for energy and climate . as part of the updates , member states should make efforts to mitigate any adverse environmental impacts that become apparent as part of the integrated reporting .


### before adopting a delegated act , the commission shall consult experts designated by each member state in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 . ### before adopting a delegated act , the commission shall consult experts designated by each member state in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 , as well as representatives from the ecb and europol .


### number of counterfeit euros detected ; ### rate of participation of competent national authorities of member states in the activities under the programme and their feedback on the added value of those activities ;


### —support for cooperation in operations involving at least two states when such support is not available from other programmes of european institutions and bodies ; ### —support for cooperation in operations involving at least two states when such support cannot be made available from other programmes of european institutions and bodies ;


### in the communication to the european parliament and to the council on the mid - term evaluation of the pericles 2020 programme , the commission came to the conclusion that the continuation of the pericles 2020 programme beyond 2020 should be supported , given its eu added value , its long - term impact and the sustainability of its actions . ### contrary to standard procedure , a separate impact assessment of the programme was not carried out . this can be partly explained by the fact that in 2017 the commission carried out a mid - term evaluation of the programme , supported by an independent report1a . although the report is generally positive about the programme , it expresses concerns about the limited number of competent authorities participating in the activities of the programme and the quality of the key performance indicators used for measuring the results of the programme . in its communication to the european parliament and to the council on the mid - term evaluation of the programme , the commission came to the conclusion that the continuation of the programme beyond 2020 should be supported , given its union added value , its long - term impact and the sustainability of its actions . __________________ 1aswd444 final and ares3289297 ' 30 / 06 / 2017


### to prevent and combat counterfeiting and related fraud , thus enhancing the competitiveness of the union’s economy and securing the sustainability of public finances . ### to protect euro banknotes and coins against counterfeiting and related fraud , thus enhancing the trust , which citizens , businesses and public authorities have in the genuineness of euro banknotes and coins .


### this directive is without prejudice to the ability of member states to impose obligations to ensure discoverability and accessibility of content of general interest under defined general interest objectives such as media pluralism , freedom of speech and cultural diversity . such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by member states in conformity with union law . in this respect , member states should in particular examine the need for regulatory intervention against the results of the outcome of market forces . where member states decide to impose discoverability rules , they should only impose proportionate obligations on undertakings , in the interest of legitimate public policy considerations . ### this directive is without prejudice to the ability of member states to impose obligations to ensure discoverability and accessibility of content of general interest under defined general interest objectives such as media pluralism , freedom of speech and cultural diversity . such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by member states in conformity with union law . where member states decide to impose discoverability rules , they should only impose proportionate obligations on undertakings , in the interest of legitimate public policy considerations .


### certain widely recognised nutritional guidelines exist at national and international level , such as the who regional office for europe ' s nutrient profile model , in order to differentiate foods on the basis of their nutritional composition in the context of foods television advertising to children . member states should be encouraged to ensure that self - and co - regulatory codes of conduct are used to effectively reduce the exposure of children and minors to audiovisual commercial communications regarding foods and beverages that are high in salt , sugars or fat or that otherwise do not fit these national or international nutritional guidelines . ### certain widely recognised nutritional guidelines exist at national and international level , such as the who regional office for europe ' s nutrient profile model , in order to differentiate foods on the basis of their nutritional composition in the context of foods television advertising to children . member states should be encouraged to ensure that co - regulatory codes of conduct are used to effectively prevent the exposure of children and minors to audiovisual commercial communications regarding foods and beverages that are high in salt , sugars or fat or that otherwise do not fit these national or international nutritional guidelines .


### the transmission of films made for television , cinematographic works and news programmes may be interrupted by television advertising and / or teleshopping once for each scheduled period of at least 20 minutes . ### the transmission of films made for television , cinematographic works and news programmes may be interrupted by television advertising and / or teleshopping once for each scheduled period of at least 30 minutes . no television advertising or teleshopping shall be inserted during religious services or during children ' s programmes .


### the market for tv broadcasting has evolved and that there is a need for more flexibility with regard to audiovisual commercial communications , in particular for quantitative rules for linear audiovisual media services , product placement and sponsorship . the emergence of new services , including without advertising , has led to a greater choice for viewers , who can easily switch to alternative offers . ### deleted


### directive 2010 / 13 / eu should remain applicable only to those services the principal purpose of which is the provision of programmes in order to inform , entertain or educate . the principal purpose requirement should be also considered to be met if the service has audiovisual content and form which is dissociable from the main activity of the service provider , such as stand - alone parts of online newspapers featuring audiovisual programmes or user - generated videos where those parts can be considered dissociable from their main activity . social media services are not included , except if they provide a service that falls under the definition of a video - sharing platform . a service should be considered to be merely an indissociable complement to the main activity as a result of the links between the audiovisual offer and the main activity . as such , channels or any other audiovisual services under the editorial responsibility of a provider may constitute audiovisual media services in themselves , even if they are offered in the framework of a video - sharing platform which is characterised by the absence of editorial responsibility . in such cases , it will be up to the providers with editorial responsibility to abide by the provisions of this directive . ### directive 2010 / 13 / eu should remain applicable to those services the principal purpose of which is the provision of programmes in order to inform , entertain or educate . the principal purpose requirement should be also considered to be met if the service has audiovisual content and form which is dissociable from the main activity of the service provider , such as stand - alone parts of online newspapers featuring audiovisual programmes or user - generated videos where those parts can be considered dissociable from their main activity . social media services are not included , except if they provide a service that falls under the definition of a video - sharing platform . a service should be considered to be merely an indissociable complement to the main activity as a result of the links between the audiovisual offer and the main activity . as such , channels or any other audiovisual services under the editorial responsibility of a provider may constitute audiovisual media services in themselves , even if they are offered in the framework of a video - sharing platform . in such cases , it will be up to the providers with editorial responsibility to abide by the provisions of this directive .


### erga has made a positive contribution towards consistent regulatory practice and has provided high level advice to the commission on implementation matters . this calls for the formal recognition and reinforcement of its role in this directive . the group should therefore be re - established by virtue of this directive . ### erga and the contact committee have made a positive contribution towards consistent regulatory practice and has provided high level advice to the commission on implementation matters .


### erga has made a positive contribution towards consistent regulatory practice and has provided high level advice to the commission on implementation matters . this calls for the formal recognition and reinforcement of its role in this directive . the group should therefore be re - established by virtue of this directive . ### erga and the contact committee have made a positive contribution towards consistent regulatory practice and have provided high level advice to the commission on implementation matters . this calls for the formal recognition and reinforcement of their role in this directive . both bodies should therefore be re - established by virtue of this directive .


### audiovisual commercial communications for alcoholic beverages shall not be aimed specifically at minors and shall not encourage immoderate consumption of such beverages ; ### in paragraph 1 , point e is replaced by the following : audiovisual commercial communications for alcoholic beverages shall not be created in a way to be attractive to minors and shall not encourage consumption of such beverages ;


### in its communication to the european parliament and to the council on better regulation for better results – an eu agenda31 , the commission stressed that when considering policy solutions , it will consider both regulatory and well - designed non - regulatory means , modelled on the community of practice and the principles for better self - and co - regulation32 . a number of codes set up in the areas coordinated by the directive have proved to be well designed , in line with the principles for better self - and co - regulation . the existence of a legislative backstop has been considered an important success factor in promoting compliance with a self - or co - regulatory code . it is equally important that the codes establish specific targets and objectives allowing for the regular , transparent and independent monitoring and evaluation of the objectives aimed by the codes . graduated sanctions which maintain an element of proportionality are usually considered to be an effective approach in enforcing a scheme . these principles should be followed by the self - and co - regulatory codes adopted in the areas coordinated by this directive . __________________ 32 https : / / ec . europa . eu / digital - single - market / communities / better - self - and - co - regulation 31 com 215 final ### in its communication to the european parliament and to the council on better regulation for better results – an eu agenda31 , the commission stressed that when considering policy solutions , it will consider both regulatory and well - designed non - regulatory means . these principles should be followed by co - regulatory codes adopted in the areas coordinated by this directive . __________________ 31 com 215 final


### member states shall ensure that the company carrying out the cross - border conversion applies not less than two months before the date of the general meeting referred to in article 86i to the competent authority designated in accordance with article 86m , to appoint an expert to examine and assess the draft terms of the cross - border conversion and the reports referred to in articles 86e and 86f , subject to the proviso set out in paragraph 6 of this article . ### member states shall ensure that the company carrying out the cross - border conversion and , where one exists , the competent organ of the company’s employee representation applies not less than four months before the date of the general meeting referred to in article 86i to the competent authority designated in accordance with article 86m , to appoint an expert to examine and assess the draft terms of the cross - border conversion and the reports referred to in articles 86e and 86f for both form and content , subject to the proviso set out in paragraph 6 of this article .


### a detailed assessment of the accuracy of the reports and information submitted by the company carrying out the cross - border conversion ; ### a detailed assessment of the reports and information submitted by the company carrying out the cross - border conversion in terms of both form and content ;


### after taking note of the reports referred to in articles 160g , 160h and 160i , where applicable , the general meeting of the company being divided shall decide by means of a resolution , whether to approve the draft terms of cross - border division . the company shall inform the competent authority designated in accordance with article 160o of the decision of the general meeting . ### after taking note of the reports referred to in articles 160g , 160h and 160i , where applicable , the general meeting and the employees ' plenary of the company being divided shall decide by means of a resolution , whether to approve the draft terms of cross - border division . the company shall inform the competent authority designated in accordance with article 160o of the decision of the general meeting and of the employees ' plenary .


### the issue of the pre - conversion certificate by the departure member state should be scrutinised to ensure the legality of the cross - border conversion of the company . the competent authority of the departure member state should decide on the issue of the pre - conversion certificate within one month of the application by the company , unless it has serious concerns as to the existence of an artificial arrangement aimed at obtaining undue tax advantages or unduly prejudicing the legal or contractual rights of employees , creditors or members . in such a case , the competent authority should carry out an in - depth assessment . however , this in - depth assessment should not be carried out systematically , but it should be conducted on a case - by - case basis , where there are serious concerns as to the existence of an artificial arrangement . for their assessment , competent authorities should take into account at least a number of factors laid down in this directive which however should be only considered as indicative factors in the overall assessment and not be considered in isolation . in order not to burden companies with an overly lengthy procedure , this in - depth assessment should in any event be concluded within two months of informing the company that the in - depth assessment will be carried out . ### the issue of the pre - conversion certificate by the departure member state should be scrutinised to ensure the legality of the cross - border conversion of the company . the competent authority of the departure member state should decide on the issue of the pre - conversion certificate within two months of the application by the company , unless it has serious concerns as to the existence of an artificial arrangement aimed at obtaining undue tax advantages or unduly prejudicing the legal or contractual rights of employees , creditors or members . in such a case , the competent authority should carry out an in - depth assessment . however , this in - depth assessment should not be carried out systematically , but it should be conducted on a case - by - case basis , where there are serious concerns as to the existence of an artificial arrangement . for their assessment , competent authorities should take into account at least a number of factors laid down in this directive which however should be only considered as indicative factors in the overall assessment and not be considered in isolation . in order not to burden companies with an overly lengthy procedure , this in - depth assessment should in any event be concluded within four months of informing the company that the in - depth assessment will be carried out .


### in order to assess the accuracy of the information contained in the draft terms of conversion and in the reports addressed to the members and employees and to provide factual elements necessary to assess whether the proposed conversion constitutes an artificial arrangement , an independent expert report should be required to be prepared in order to assess the proposed cross - border conversion . in order to secure the independence of the expert , the expert should be appointed by the competent authority , following an application by the company . in this context , the expert report should present all relevant information to enable the competent authority in the departure member state to take an informed decision as to whether or not to issue the pre - conversion certificate . to this end , the expert should be able to obtain all the relevant company information and documents and carry out all necessary investigations in order to gather all the evidence required . the expert should use information , in particular net turnover and profit or loss , number of employees and the composition of balance sheet collected by the company in view of the preparation of financial statements in accordance with union law and the law of member states . however , in order to protect any confidential information , including business secrets of the company , such information should not form part of the expert’s final report which itself would be publically available . ### in order to assess the accuracy of the information contained in the draft terms of conversion and merger and in the reports addressed to the members and employees and to provide factual elements necessary to assess whether the proposed conversion constitutes an artificial arrangement , an independent expert report should be required to be prepared in order to assess the proposed cross - border conversion and merger . in order to guarantee the independence of the expert , the expert should be appointed jointly by the competent authority , at the request of the company and , if available , by the competent body of the organisation representing the company’s employees . in this context , the expert report should present all relevant information to enable the competent authority in the departure member state to take an informed decision as to whether or not to issue the pre - conversion certificate . to this end , the expert should be able to obtain all the relevant company information and documents and carry out all necessary investigations in order to gather all the evidence required . he or she should also be required to receive and consider comments and opinions from financial authorities , social insurance bodies , the representatives of the employees of the company , or , where there are no such representatives , from the employees themselves and also from the creditors and members of the company . the expert should use information , in particular net turnover and profit or loss , number of employees and the composition of balance sheet collected by the company in view of the preparation of financial statements in accordance with union law and the law of member states . however , in order to protect any confidential information , including business secrets of the company , the critical parts of such information should be redacted before being made publicly available as part of the final report .


### the right to convert an existing company formed in a member state into a company governed by another member state may in certain circumstances be used for abusive purposes such as for the circumvention of labour standards , social security payments , tax obligations , creditors ' , minority shareholders ' rights or rules on employees participation . in order to combat such possible abuses , a general principle of union law , member states are required to ensure that companies do not use the cross - border conversion procedure in order to create artificial arrangements aimed at obtaining undue tax advantages or at unduly prejudicing the legal or contractual rights of employees , creditors or members . in so far as it constitutes a derogation from a fundamental freedom , the fight against abuses must be interpreted strictly and be based on an individual assessment of all relevant circumstances . a procedural and substantive framework which describes the margin of discretion and allows for the diversity of approach by member states whilst at the same time setting out the requirements to streamline the actions to be taken by national authorities to fight abuses in conformity with union law should be laid down . ### the right to convert an existing company formed in a member state into a company governed by another member state may in certain circumstances be used for abusive purposes such as for the circumvention of labour standards , social security payments , tax obligations , creditors ' , minority shareholders ' rights or rules on employees participation . in order to combat such possible abuses , a general principle of union law , member states are required to ensure that companies do not use the cross - border conversion procedure in order to create purely artificial arrangements . member states should be able to block the possibility of conversions and mergers leading to artificial arrangements resorted to by undertakings with the aim of evading future obligations arising from national rules on taxation and employee participation . in so far as it constitutes a derogation from a fundamental freedom , the fight against abuses must be interpreted strictly and be based on an individual assessment of all relevant circumstances . a procedural and substantive framework which describes the margin of discretion and allows for the diversity of approach by member states whilst at the same time setting out the requirements to streamline the actions to be taken by national authorities to fight abuses in conformity with union law should be laid down .


### member states shall ensure in order to assess whether the cross - border conversion constitutes an artificial arrangement within the meaning of article 86c , that the competent authority of the departure member state carries out an in - depth assessment of all relevant facts and circumstances and shall take into account at a minimum the following : the characteristics of the establishment in the destination member state , including the intent , the sector , the investment , the net turnover and profit or loss , number of employees , the composition of the balance sheet , the tax residence , the assets and their location , the habitual place of work of the employees and of specific groups of employees , the place where social contributions are due and the commercial risks assumed by the converted company in the destination member state and the departure member state . ### member states shall ensure in order to assess whether the cross - border conversion constitutes an artificial arrangement , that the competent authority of the departure member state carries out an in - depth assessment of all relevant facts and circumstances and shall take into account at a minimum the following : the characteristics of the establishment in the destination member state , including the intent , the sector , the investment , the net turnover and profit or loss , number of employees , the composition of the balance sheet , the tax residence , the assets and their location , the habitual place of work of the employees and of specific groups of employees , the place where social contributions are due and the commercial risks assumed by the converted company in the destination member state and the departure member state .


### after having received a pre - conversion certificate , and after verifying that the incorporation requirements in the destination member state are fulfilled , the competent authorities of the destination member state should register the company in the business register of that member state . only after this registration should the competent authority of the departure member state strike the company off its own register . it should not be possible for the competent authority of the destination member state to challenge the accuracy of the information provided by the pre - conversion certificate . as a consequence of the cross - border conversion , the converted company should retain its legal personality , its assets and liabilities and all rights and obligations , including rights and obligations arising from contracts , acts or omissions . ### after having received a pre - conversion certificate , and after verifying that the incorporation requirements in the destination member state are fulfilled , the competent authorities of the destination member state should register the company in the business register of that member state . only after this registration should the competent authority of the departure member state strike the company off its own register . it should be possible for the competent authority of the destination member state to challenge the accuracy of the information provided by the pre - conversion certificate , particularly in order to avoid artificial arrangements . as a consequence of the cross - border conversion , the converted company should retain its legal personality , its assets and liabilities and all rights and obligations , including rights and obligations arising from contracts , acts or omissions .


### member states shall ensure that the assessment by the competent authority is carried out within one month of the date of receipt of the information concerning the approval of the conversion by the general meeting of the company . it shall have one of the following outcomes : ### member states shall ensure that the assessment by the competent authority is carried out within two months of the date of receipt of the information concerning the approval of the conversion by the general meeting of the company . it shall have one of the following outcomes :


### the report shall be made available , at least electronically , to the members of each of the merging companies not less than one month before the date of the general meeting referred to in article 126 . the report shall also be made similarly available to the representatives of the employees of each of the merging companies , or where there are no such representatives , to the employees themselves . however , where the approval of the merger is not required by general meeting of the acquiring company in accordance with article 126 , the report shall be made available , at least one month before the date of the general meeting of the other merging company or companies . ### the report shall be made available , at least electronically , to the members of each of the merging companies not less than one month before the date of the general meeting referred to in article 126 . the report shall also be made similarly available to the trade unions and the representatives of the employees of each of the merging companies , or where there are no such representatives , to the employees themselves . however , where the approval of the merger is not required by general meeting of the acquiring company in accordance with article 126 , the report shall be made available , at least one month before the date of the general meeting of the other merging company or companies .


### member states shall ensure that information submitted to the independent expert can only be used for the purpose of drafting their report and that confidential information , including business secrets , shall not be disclosed . where appropriate , the expert may submit a separate document containing any such confidential information to the competent authority , designated in accordance with article 86m and that separate document shall only be made available to the company carrying out the cross - border conversion and not be disclosed to any other party . ### member states shall ensure that information and opinions submitted to the independent expert are treated as confidential . business secrets in particular shall be redacted at key points in the report .


### enabling the growth of a sustainable blue economy and fostering prosperous coastal communities ; ### enabling the growth of a sustainable blue economy and fostering prosperous and economically and socially cohesive coastal communities ;


### the multiannual financial framework set out in regulation xx / xx6 provides that the union budget must continue to support fisheries and maritime policies . the emff budget should amount , in current prices , to eur 6 140 000 000 . emff resources should be split between shared , direct and indirect management . eur 5 311 000 000 should be allocated to support under shared management and eur 829 000 000 to support under direct and indirect management . in order to ensure stability in particular with regard to the achievement of the objectives of the cfp , the definition of national allocations under shared management for the 2021 - 2027 programming period should be based on the emff 2014 - 2020 shares . specific amounts should be reserved for the outermost regions , control and enforcement and collection and processing of data for fisheries management and scientific purposes , while amounts for permanent cessation and extraordinary cessation of fishing activities should be capped . __________________ 6 oj c [ … ] , [ … ] , p . [ … ] . ### the multiannual financial framework set out in regulation xx / xx6 provides that the union budget must continue to support fisheries and maritime policies . the emff budget should remain at the same level as for the period 2014 - 2020 . emff resources should be split between shared , direct and indirect management . in order to ensure stability in particular with regard to the achievement of the objectives of the cfp , the definition of national allocations under shared management for the 2021 - 2027 programming period should be based on the emff 2014 - 2020 shares . specific amounts should be reserved for the outermost regions , control and enforcement and collection and processing of data for fisheries management and scientific purposes , while amounts for permanent cessation and extraordinary cessation of fishing activities should be capped . __________________ 6 oj c [ … ] , [ … ] , p . [ … ] .


### the part of the financial envelope under shared management as specified in title ii shall be eur 5 311 000 000 in current prices in accordance with the annual breakdown set out in annex v . ### the part of the financial envelope under shared management as specified in title ii shall be eur 5 750 000 000 in current prices in accordance with the annual breakdown set out in annex v .


### to ensure that the implementation of the remuneration policy is in line with the approved policy , shareholders should be granted the right to vote on the company’s remuneration report . in order to ensure accountability of directors the remuneration report should be clear and understandable and should provide a comprehensive overview of the remuneration granted to individual directors in the last financial year . where the shareholders vote against the remuneration report , the company should explain in the next remuneration report how the vote of the shareholders has been taken into account . ### to ensure that the implementation of the remuneration policy is in line with the approved policy , shareholders should be granted the right to vote on the company’s remuneration report . in order to ensure accountability of directors the remuneration report should be clear and understandable and should provide a comprehensive overview of the remuneration granted to individual directors in the last financial year . employees , via their representatives should be granted the right to express their view on the remuneration report . where the shareholders vote against the remuneration report , the company should explain in the next remuneration report how the vote of the shareholders has been taken into account .


### ' when carrying out its tasks in accordance with this regulation , the authority shall take account of technological innovation , innovative and sustainable business models , and the integration of environmental , social and governance related factors . ; ### when carrying out its tasks in accordance with this regulation , the authority shall take account of and anticipate technological innovation , innovative and sustainable business models , and the integration of environmental , social and governance related factors , including monitoring of how financial institutions identify , report , and address risks that environmental , social and governance factors may pose to financial stability , providing guidance on how sustainability considerations can be effectively embodied in relevant eu financial legislation , and promoting coherent implementation of these provisions upon adoption .


### the abolition of retail roaming surcharges introduced by regulation no 2015 / 2120 , also named ‘ roam - like - at - home’ , is necessary to establish and ease the functioning of a digital single market across the union . however , that regulation alone is not sufficient to ensure the correct functioning of the roaming market . ### the abolition of retail roaming surcharges introduced by regulation no 2015 / 2120 , also named ‘ roam - like - at - home’ , is insufficient to ensure the proper functioning of a roaming market , particularly in respect of seasonality and costs .


### member states shall ensure that natural or legal persons or their associations , organisations or groups , in accordance with national legislation or practice , have access to a review procedure before a court of law or another independent and impartial body established by law to challenge the substantive or procedural legality of decisions , actions or omissions related to the implementation of articles 5 , 6 , 7 and 8 when one of the following conditions is fulfilled : ### member states shall ensure that natural or legal persons or their associations , organisations or groups , in accordance with national legislation or practice , have access to a review procedure before a court of law or another independent and impartial body established by law to challenge the substantive or procedural legality of decisions , actions or omissions related to the implementation of articles 4 , 5 , 6 , 7 , 8 , 9 and 10 when one of the following conditions is fulfilled :


### the commission shall carry out an evaluation of this directive by &#8230 ; [ six years after the end - date for transposition of this directive ] . the evaluation shall be based on the information available in accordance with article 13 . member states shall provide the commission with any additional information necessary for the purposes of the evaluation and the preparation of the report referred to in paragraph 2 . ### the commission shall carry out an evaluation of this directive by &#8230 ; [ three years after the end - date for transposition of this directive ] . the evaluation shall be based on the information available in accordance with article 13 . member states shall provide the commission with any additional information necessary for the purposes of the evaluation and the preparation of the report referred to in paragraph 2 .


### in the union , 80 to 85 % of marine litter , measured as beach litter counts , is plastic , with single - use plastic items representing 50 % and fishing - related items representing 27 % . single - use plastics products include a diverse range of commonly used fast - moving consumer products that are discarded after having been used once for the purpose for which they were provided , are rarely recycled , and are prone to littering . a significant proportion of the fishing gear placed on the market is not collected for treatment . single - use plastic products and fishing gear containing plastic are therefore a particularly serious problem in the context of marine litter and pose a severe risk to marine ecosystems , biodiversity and , potentially , to human health and are damaging activities such as tourism , fisheries and shipping . ### in the union , 80 to 85 % of marine litter , measured as beach litter counts , is plastic , with single - use plastic items representing 50 % and fishing - related items representing 27 % . single - use plastics products include a diverse range of commonly used fast - moving consumer products that are discarded after having been used once for the purpose for which they were provided , are rarely recycled , and are prone to littering . a significant proportion of the fishing gear placed on the market is not collected for treatment . single - use plastic products and fishing gear containing plastic are therefore a particularly serious problem in the context of marine litter and pose a severe risk to marine ecosystems , biodiversity and human health and are damaging activities such as tourism , fisheries and shipping .


### ' single - use plastic product ' means a product that is made wholly or partly from plastic and that is not conceived , designed or placed on the market to accomplish , within its life span , multiple trips or rotations by being returned to the producer for refill or re - used for the same purpose for which it was conceived ; ### ' single - use plastic product ' means a product that is made wholly or partly from plastic and that is not conceived , designed or placed on the market with the intention , as a general rule , that it should be used once . this definition covers all products listed in the annex to this directive .


### in the union , 80 to 85 % of marine litter , measured as beach litter counts , is plastic , with single - use plastic items representing 50 % and fishing - related items representing 27 % . single - use plastics products include a diverse range of commonly used fast - moving consumer products that are discarded after having been used once for the purpose for which they were provided , are rarely recycled , and are prone to littering . a significant proportion of the fishing gear placed on the market is not collected for treatment . single - use plastic products and fishing gear containing plastic are therefore a particularly serious problem in the context of marine litter and pose a severe risk to marine ecosystems , biodiversity and , potentially , to human health and are damaging activities such as tourism , fisheries and shipping . ### in the union , 80 to 85 % of marine litter measured at beach litter counts is plastic , with single - use plastic items representing 50 % and fishing - related items representing 27 % . single - use plastic products include a diverse range of commonly used , fast - moving consumer products that are discarded after having been used once for the purpose for which they were provided , are rarely recycled , and end up as litter . a significant proportion of the fishing gear placed on the market is not collected for treatment . single - use plastic products , fishing gear containing plastic and microplastics are therefore a particularly serious problem in the context of marine litter , pose a severe risk to marine ecosystems , biodiversity and human health , and are damaging activities such as tourism , fisheries and shipping .


### member states shall ensure that natural or legal persons or their associations , organisations or groups , in accordance with national legislation or practice , have access to a review procedure before a court of law or another independent and impartial body established by law to challenge the substantive or procedural legality of decisions , actions or omissions related to the implementation of articles 5 , 6 , 7 and 8 when one of the following conditions is fulfilled : ### member states shall ensure that natural or legal persons or their associations , organisations or groups , in accordance with national legislation or practice , have access to a review procedure before a court of law or another independent and impartial body established by law to challenge the substantive or procedural legality of decisions , actions or omissions related to the implementation of articles 4 , 5 , 6 , 7 , 8 and 9 when one of the following conditions is fulfilled :


### marine litter is of a transboundary nature and is recognized as a global problem . reducing marine litter is a key action for the achievement of united nations sustainable development goal 14 which calls to conserve and sustainably use the oceans , seas and marine resources for sustainable development . 36the union must play its part in tackling marine litter and aim to be a standard setter for the world . in this context , the union is working with partners in many international fora such as g20 , g7 and united nations to promote concerted action . this initiative is part of the union efforts in this regard . _________________ 36 the 2030 agenda for sustainable development adopted by the united nations general assembly on 25 september 2015 . ### marine and aquatic litter is of a transboundary nature and is recognised as a global problem . reducing marine litter is a key action for the achievement of united nations sustainable development goal 14 , the aim of which is to conserve and sustainably use the oceans , seas and marine resources for sustainable development . 36 the union must play its part in tackling marine litter and aim to be a standard - setter for the world . in this context , the union is working with partners in many international fora , such as the g20 , the g7 and the united nations , to promote concerted action . this initiative forms part of the union’s efforts in this regard . _________________ 36 the 2030 agenda for sustainable development adopted by the united nations general assembly on 25 september 2015 .


### it is necessary , when assessing applications from minors for international protection , that the determining authorities should have regard to child - specific forms of persecution . ### it is necessary , when assessing applications from minors for international protection , that the determining authorities have regard to child - specific forms of persecution , trafficking and exploitation or the absence of protection against such acts of persecution .


### depending on the circumstances in the country of origin , the concept might include a group based on a common characteristic of sexual orientation ; gender related aspects , including gender identity , shall be given due consideration for the purposes of determining membership of a particular social group or identifying a characteristic of such a group ; ### depending on the circumstances in the country of origin , the concept shall include a group based on a common characteristic of sexual orientation and gender related aspects , including gender identity , gender expression and sex characteristics . those aspects shall be given due consideration for the purposes of determining membership of a particular social group or identifying a characteristic of such a group ;