### reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the united nations sustainable development goals , this specific programme will contribute to mainstream climate actions and to the achievement of an overall target of 25 % of the eu budget expenditures supporting climate objectives . actions under this specific programme are expected to contribute 35% of the overall financial envelope of the specific programme to climate objectives . relevant actions will be identified during the specific programme ' s preparation and implementation , and reassessed in the context of the relevant evaluations and review processes . ### reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the united nations sustainable development goals , this specific programme will contribute to mainstream climate actions and to the achievement of an overall target of 25 % of the eu budget expenditures supporting climate objectives . actions under this specific programme are expected to contribute 50% of the overall financial envelope of the specific programme to climate objectives . relevant actions will be identified during the specific programme ' s preparation and implementation , and reassessed in the context of the relevant evaluations and review processes . civil society will be actively involved and consulted at all stages of preparation , implementation , and evaluation .


### the completion of the digital single market and the growing opportunities from the convergence of digital and physical technologies requires a stepping up of investments . horizon europe will contribute to these efforts with a substantial increase of spending in main digital research and innovation activities compared to the research and innovation framework programme horizon 20206 . this should ensure that europe remains at the forefront of global research and innovation in the digital field . ______________ 6 the communication from the commission ' a new , modern multiannual financial framework for a european union that deliver efficiently on its priorities post - 2020 ' identifies eur 13 billion spent in main digital activities under the research and innovation framework programme horizon 2020 . ### the completion of the digital single market and the growing opportunities from the convergence of digital and physical technologies requires a stepping up of investments . horizon europe will contribute to these efforts with a substantial increase of spending in main digital research and innovation activities compared to the research and innovation framework programme horizon 20206 . this should ensure that europe remains at the forefront of global research and innovation in the digital field and support the implementation of the union’s digital for development initiative . _______________ 6 the communication from the commission ' a new , modern multiannual financial framework for a european union that deliver efficiently on its priorities post - 2020 ' identifies eur 13 billion spent in main digital activities under the research and innovation framework programme horizon 2020 .


### attracting , training and retaining researchers and innovators in the european research area , including through mobility of researchers ; ### attracting , training and retaining researchers and innovators in the european research area , including through mobility of researchers , while preventing brain - drain from developing countries and supporting the build - up of r&i competence in those countries , in coordination with the union’s development instrument ;


### supporting the implementation of union policy priorities ; ### supporting the implementation of union policy priorities , including the achievement of the objectives of the paris agreement and the sdgs , within the union and globally ;


### involving citizens and end - users in co - design and co - creation processes ; ### involving citizens , civil society organisations and end - users in r&i agenda - setting , including in co - design and co - creation processes ;


### improving science communication . ### improving science communication through open source platforms .


### the implementation of horizon europe ' s programme - level objectives in an integrated manner will be ensured by multiannual strategic planning . such planning will provide the focus on impact for the programme overall and coherence between its different pillars , as well as synergy with other eu programmes and support to and from other eu policies . ### the implementation of horizon europe ' s programme - level objectives in an integrated manner will be ensured by multiannual strategic planning . such planning will provide the focus on impact for the programme overall and coherence between its different pillars , as well as synergy with other eu programmes and support to and from other eu policies . the strategic planning process shall ensure that horizon europe is oriented towards the achievement of the sdgs and that individual sdgs and sdg targets guide choices of topics and the formulation of the calls for proposals for the clusters of pillar ii ‘ global challenges and industrial competitiveness’ .


### the strategic planning will promote strong engagement with citizens and civil society organisations at all stages of research and innovation , the co - creation of knowledge , effective promotion of gender equality , including the integration of the gender dimension in research and innovation content , and will ensure and promote the adherence to the highest ethics and integrity standards . ### the strategic planning will promote strong engagement with citizens and civil society both within the strategic planning process itself and at all other stages of research and innovation , including agenda - setting , in particular defining the research priorities of pillar ii ‘ global challenges and industrial competitiveness’ . to facilitate this , a structured dialogue will be established with civil society . the process will also promote the co - creation of knowledge , effective promotion of gender equality , including the integration of the gender dimension in research and innovation content , and will ensure and promote responsible research and innovation and adherence to the highest ethics and integrity standards .


### greater impact will be obtained through aligning actions with other nations and regions of the world , within an international cooperation effort of unprecedented scale . based on mutual benefit , partners from across the world will be invited to join eu efforts as an integral part of initiatives in support of eu action for sustainability , reinforced research and innovation excellence , and competitiveness . ### greater impact will be obtained through aligning actions with other nations and regions of the world , including low and middle income countries , within an international cooperation effort of unprecedented scale . based on common interest and mutual benefit , partners from across the world will be invited to join eu efforts as an integral part of initiatives in support of action for sustainability , reinforced research and innovation excellence , and eu competitiveness .


### international joint action will ensure effective tackling of global societal challenges and sustainable development goals , access to the world ' s best talents , expertise and resources , and enhanced supply and demand of innovative solutions . ### international joint action will ensure effective tackling of global challenges , as defined in article 2 , point 1 of the regulation establishing horizon europe [ insert ref ] , access to the world ' s best talents , expertise and resources , and enhanced supply and demand of innovative solutions . solutions to global challenges require a multidisciplinary , coordinated and universal effort .


### europe needs a highly - skilled and resilient human capital base in research and innovation that can easily adapt to and find sustainable solutions for future challenges , such as major demographic changes in europe . to ensure excellence , researchers need to be mobile , collaborate and diffuse knowledge across countries , sectors and disciplines , with the right combination of knowledge and skills to tackle societal challenges and support innovation . ### europe needs a highly - skilled and resilient human capital base in research and innovation that can easily adapt to and find sustainable solutions for future challenges , such as major demographic changes in europe and in the world . to ensure excellence , researchers need to be mobile , collaborate and diffuse knowledge across countries , sectors and disciplines , with the right combination of knowledge and skills to tackle societal challenges and support innovation .


### the eu must remain a reference for excellent research and thus attractive for the most promising researchers , european and non - european alike , at all stages of their careers . this can be achieved by enabling researchers and research - related staff to move and collaborate between countries , sectors and disciplines and thus benefit from high - quality training and career opportunities . this will facilitate career moves between the academic and non - academic sector as well as to stimulate entrepreneurial activity ### the eu must remain a reference for excellent research and thus attractive for the most promising researchers , european and non - european alike , including from low - and middle - income countries , at all stages of their careers . this can be achieved by enabling researchers and research - related staff to move and collaborate between countries , sectors and disciplines and thus benefit from high - quality training and career opportunities . this will facilitate career moves between the academic and non - academic sector as well as to stimulate entrepreneurial activity .


### cooperation , production and diffusion of knowledge within the eu and with third countries . ### cooperation , production and diffusion of knowledge within the eu and with third countries , including low and middle - income countries .


### many of the challenges which confront the eu are also global challenges . the scale and complexity of the problems are vast , and need to be matched by the appropriate money , resources and effort in order to find solutions . these are precisely the areas where the eu must work together ; smart , flexible and joined - up for the benefit and well - being of our citizens . ### many of the challenges which confront the eu are also global challenges . the scale and complexity of the problems are vast , and need to be matched by the appropriate money , resources and effort in order to find solutions . these are precisely the areas where the eu must work together ; smart , flexible and joined - up for the benefit and well - being of our citizens and the world .


### greater impact can be obtained through aligning actions with other nations and regions of the world within an unprecedented international cooperation along the lines indicated by the sustainable development goals and the paris climate agreement . based on mutual benefit , partners from across the world will be invited to join eu efforts as an integral part of research and innovation for sustainability . ### greater impact can be obtained through aligning actions with other nations and regions of the world , including low and middle - income countries , within an unprecedented international cooperation along the lines indicated by the sustainable development goals and the paris climate agreement . based on common interest and mutual benefit , partners from across the world will be invited to join eu efforts as an integral part of research and innovation for sustainability .


### research and innovation are key drivers of sustainable growth and industrial competitiveness , and they will contribute to finding solutions to today’s problems , to reverse as quickly as possible , the negative and dangerous trend that currently links economic development , the use of natural resources and social issues , and turn it into new business opportunities . ### research and innovation are key drivers of sustainable development , including sustainable growth and industrial competitiveness , and they will contribute to finding solutions to today’s problems , to reverse as quickly as possible , the negative and dangerous trend that currently links economic development , the use of natural resources and social issues , and also turn it into new business opportunities .


### clusters will develop and apply digital , key enabling and emerging technologies as part of a common strategy to promote the eu ' s industrial leadership . where appropriate this will use eu space - enabled data and services . ### clusters will focus on addressing societal challenges , guided by the sustainable development goals , and will develop and apply digital , key enabling and emerging technologies as part of a common strategy to promote the eu ' s industrial leadership within a framework of sustainable development . where appropriate this will use eu space - enabled data and services .


### the eu pillar of social rights asserts that everyone has the right to timely access to affordable , preventive and curative health care of good quality . this underlines the eu’s commitment to the un’s sustainable development goals calling for universal health coverage for all at all ages by 2030 , leaving no one behind , and ending preventable deaths . ### the eu pillar of social rights asserts that everyone has the right to timely access to affordable , preventive and curative health care of good quality . the un’s sustainable development goal 3 calls for ensuring healthy lives and promoting wellbeing for all at all ages . lack of research on possible vaccines and treatments for certain diseases that mainly or exclusively affect poor people represents an obvious market failure . activities in this cluster shall address this failure and also in other ways support the pursuit of sdg 3 and its associated targets .


### health research and innovation research and innovation have played a significant part in this achievement but also in improving productivity and quality in the health and care industry . however , the eu continues to face novel , newly emerging or persisting challenges that are threatening its citizens and public health , the sustainability of its health care and social protection systems , as well as the competitiveness of its health and care industry . major health challenges in the eu include : the lack of effective health promotion and disease prevention ; the rise of non - communicable diseases ; the spread of antimicrobial drug resistance and the emergence of infectious epidemics ; increased environmental pollution ; the persistence of health inequalities among and within countries affecting disproportionally people that are disadvantaged or in vulnerable stages of life ; the detection , understanding , control , prevention and mitigation of health risks in a rapidly changing social , urban and natural environment ; the increasing costs for european health care systems and the progressive introduction of personalised medicine approaches and digitalisation in health and care ; and the increasing pressure on the european health and care industry to remain competitive in and by developing health innovation vis - a - vis new and emerging global players . ### health research and innovation research and innovation have played a significant part in this achievement but also in improving productivity and quality in the health and care industry . however , the eu continues to face novel , newly emerging or persisting challenges that are threatening its citizens and public health , the sustainability of its health care and social protection systems , as well as the competitiveness of its health and care industry . major health challenges in the eu include : the lack of effective health promotion and disease prevention ; the rise of non - communicable diseases ; the spread of antimicrobial drug resistance and the emergence of infectious epidemics ; increased environmental pollution ; the persistence of health inequalities among and within countries affecting disproportionally people that are disadvantaged or in vulnerable stages of life ; the detection , understanding , control , prevention and mitigation of health risks in a rapidly changing social , urban and natural environment ; high prices of some innovative health tools and technologies , the increasing costs for european health care systems and the progressive introduction of personalised medicine approaches and digitalisation in health and care ; and the increasing pressure on the european health and care industry to remain competitive in and by developing health innovation vis - a - vis new and emerging global players .


### these health challenges are complex , interlinked and global in nature and require multidisciplinary , cross - sectorial and transnational collaborations . research and innovation activities will build close linkages between discovery , clinical , epidemiological , environmental and socio - economic research as well as with regulatory sciences . they will harness the combined skills of academia and industry and foster their collaboration with health services , patients , policy - makers and citizens in order to leverage on public funding and ensure the uptake of results in clinical practice as well as in health care systems . they will foster strategic collaboration at eu and international level in order to pool the expertise , capacities and resources needed to create economies of scale , scope and speed as well as to share the expected benefits and financial risks involved . ### these health challenges are complex , interlinked and global in nature and require multidisciplinary , cross - sectorial and transnational collaborations , including with low and middle income countries . research and innovation activities will build close linkages between discovery , clinical , epidemiological , environmental and socio - economic research as well as with regulatory sciences . they will harness the combined skills of academia and industry and foster their collaboration with health services , patients , policy - makers , civil society organisations and citizens in order to leverage on public funding and ensure the uptake of results in clinical practice as well as in health care systems . they will foster strategic collaboration at eu and international level in order to pool the expertise , capacities and resources needed to create economies of scale , scope and speed as well as to share the expected benefits and financial risks involved .


### –maternal , paternal , infant and child health as well as the role of parents ; ### –maternal , paternal , infant and child health as well as the role of parents ; child and maternal survival ;


### –technologies for assessing hazards , exposures and health impact of chemicals , pollutants and other stressors , including climate - related and environmental stressors , and combined effects of several stressors ; ### –safe , effective , affordable , technologies , including low - cost technologies , for assessing hazards , exposures and health impact of chemicals , pollutants and other stressors , including climate - related and environmental stressors , and combined effects of several stressors ;


### –treatments or cures , including both pharmacological and nonpharmacological treatments ### –suitable , safe , effective and affordable treatments or cures , including both pharmacological and non - pharmacological treatments ;


### health technologies and tools are vital for public health and contributed to a large extent to the important improvements achieved in the quality of life , health and care of people , in the eu . it is thus a key strategic challenge to design , develop , deliver and implement suitable , trustable , safe , and cost - effective tools and technologies for health and care , taking due account of the needs of people with disabilities and the aging society . these include artificial intelligence and other digital technologies , offering significant improvements over existing ones , as well as stimulating a competitive and sustainable health - related industry that creates high - value jobs . the european health - related industry is one of the critical economic sectors in the eu , accounting for 3% of gdp and 1 . 5 million employees . ### health technologies and tools are vital for public health and contributed to a large extent to the important improvements achieved in the quality of life , health and care of people , in the eu . it is thus a key strategic challenge to design , develop , deliver and implement suitable , trustable , safe , affordable and effective tools and technologies for health and care , taking due account of the needs of people with disabilities and the aging society . these include artificial intelligence and other digital technologies , offering significant improvements over existing ones , as well as stimulating a competitive and sustainable health - related industry that creates high - value jobs . the european health - related industry is one of the critical economic sectors in the eu , accounting for 3% of gdp and 1 . 5 million employees .


### –tax and benefits systems together with social security and social investment policies with a view to reversing inequalities and addressing the negative impacts of technology , demographics and diversity ; ### –tax and benefits systems together with social security and social investment policies with a view to reversing inequalities , support domestic resource mobilisation in developing countries , in accordance with section ii a of the addis ababa action agenda and with eu policy , and addressing the negative impacts of technology , demographics , tax avoidance and evasion , illicit financial flows and lack of transparency in relation to financial conditions and operations ;


### to meet the objectives of the paris agreement the eu will need to transition to low - carbon , resource - efficient and resilient economies and societies . this will be based on profound changes in technology and services , to the ways in which businesses and consumers behave , as well as involving new forms of governance . limiting the increase of global average temperature to well below 2°c , and pursuing efforts to limit the temperature increase to 1 . 5°c , requires rapid progress in decarbonising the energy system and substantially reducing greenhouse - gas emissions from the transport sector6 . it will also need new impetus to accelerate the pace of developing next - generation breakthroughs as well as demonstrating and deploying innovative technologies and solutions , using also the opportunities provided by digital and space technologies . this will be pursued through an integrated approach encompassing decarbonisation , resource efficiency , reduction of air pollution , access to raw materials and circular economy . ### to meet the objectives of the paris agreement the eu will need to transition to low - carbon , resource - efficient and resilient economies and societies . this will be based on profound changes in technology and services , to the ways in which businesses and consumers behave , as well as involving new forms of governance . the paris agreement constitutes a framework for mitigation as well as adaptation action . its article 7 sets a global goal on adaptation . in particular through this article’s point 7 . 7 , the eu has committed to assist developing countries , which carry little responsibility for the causing of climate change , are its main victims and lack resources to adapt to it . developing countries’ needs include research - based targeted forecasts and advice of the highest possible quality to enable good decision - making and preparedness . they also include assistance in developing effective new adaptation methods . delivering a solid eu contribution to the coverage of these needs is an important objective of the activities in this cluster and is crucial for the eu’s honouring of its commitments in the paris agreement’s articles 7 . 7 and 10 . 5 . limiting the increase of global average temperature to well below 2°c , and pursuing efforts to limit the temperature increase to 1 . 5°c , requires rapid progress in decarbonising the energy system and substantially reducing greenhouse - gas emissions from the transport sector6 . it will also need new impetus to accelerate the pace of developing next - generation breakthroughs as well as demonstrating and deploying innovative technologies and solutions , using also the opportunities provided by digital and space technologies . this will be pursued through an integrated approach encompassing decarbonisation , resource efficiency , reduction of air pollution , access to raw materials and circular economy .


### as these challenges are complex , interlinked and global in nature , activities will follow a systemic approach , cooperating with member states and international partners , with other funding sources and with other policy initiatives . this will involve user - driven exploitation of environmental big data sources , such as those from copernicus , gnos / galileo , inspire , eosc , geoss , ceos , emodnet . ### as these challenges are complex , interlinked and global in nature , activities will follow a systemic approach , cooperating with member states and international partners , including low - and middle - income countries , with other funding sources and with other policy initiatives . this will involve user - driven exploitation of environmental big data sources , such as those from copernicus , gnos / galileo , inspire , eosc , geoss , ceos , emodnet


### open innovation is a vital paradigm for the eu to continue delivering prosperity to its citizens and meeting challenges of the future . implementing it requires a systemic , cross - cutting and multifaceted approach . europe’s economic progress , social welfare and quality of life rely on its ability to boost productivity and growth , which , in turn , depends heavily on its ability to innovate . innovation is also key to solving the major challenges that lie ahead for the eu . ### open innovation is a vital paradigm for the eu to continue delivering prosperity to its citizens and meeting challenges of the future . implementing it requires a systemic , cross - cutting and multifaceted approach . europe’s economic progress , social welfare and quality of life rely on its ability to boost productivity and sustainable growth , which , in turn , depends heavily on its ability to innovate . innovation is also key to solving the major challenges that lie ahead for the eu .


### –improve the transformation of science into innovation in order to accelerate the transfer of ideas , technologies and talent from the research base into start - ups and industry ; ### –improve the transformation of science into innovation in order to accelerate the transfer of ideas , technologies and talent from the research base into the public sector , civil society organisations , start - ups and industry ;


### –speed up industrial transformation : european industry is lagging behind in embracing new technologies and scaling up : 77% of the young and big r&d companies are in us or asia and only 16% are based in europe ; ### –ensure sustainable industrial transformation : european industry is lagging behind in embracing new technologies and scaling up : 77% of the young and big r&d companies are in us or asia and only 16% are based in europe ;


### –discuss the development of innovation - friendly regulation , through the continued application of the innovation principle and development of innovative approaches to public procurement including developing and enhancing the public procurement of innovation instrument to drive innovation . the observatory of public sector innovation will also continue to support internal government innovation efforts , alongside the revamped policy support facility ; ### –discuss the development of innovation - friendly regulation , with respect to the precautionary principle and development of innovative approaches to public procurement including developing and enhancing the public procurement of innovation instrument to drive innovation . the observatory of public sector innovation will also continue to support internal government innovation efforts , alongside the revamped policy support facility ;


### meanwhile , there is a growing disparity in europe between the innovation - leading and the innovation - lagging regions . change is needed if europe as a whole is to capitalise on excellence from across the continent , maximise the value of public and private investments , and their impacts on productivity , economic growth , job creation and well - being . in addition , research and innovation are seen by some as distant and elitist without clear benefits for citizens , instilling attitudes that hamper the creation and uptake of innovative solutions , and scepticism about evidence - based public policies . this requires both better linkages between scientists , citizens and policy - makers , and more robust approaches to pooling scientific evidence itself . ### meanwhile , there is a growing disparity in europe between the innovation - leading and the innovation - lagging regions . change is needed if europe as a whole is to capitalise on excellence from across the continent , maximise the value of public and private investments , and their impacts on productivity , economic growth , job creation and well - being . societal engagement is a widely recognised key component of responsible research and innovation and essential to ensuring societal impact . citizens and civil society actors are two different target groups of rri’s vision of societal engagement in r&i . in addition , research and innovation are seen by some as distant and elitist without clear benefits for citizens , instilling attitudes that hamper the creation and uptake of innovative solutions , and scepticism about evidence - based public policies . this requires developing and testing solutions to improve meaningful societal engagement , in particular addressing the barriers to societal engagement , along with better linkages between scientists , citizens and policy - makers , and more robust approaches to pooling scientific evidence itself .


### ' ' sea area ' means an area as established pursuant to article 4 ; ' ### point first subparagraph is replaced by the following : ' sea area or sea route means an area or - when , for geographical reasons , it is not possible to establish a sea area - a route , as established pursuant to article 4 ; '


### these developments in the case - law have opened up new opportunities for companies and firms in the single market in order to foster economic growth , effective competition and productivity . at the same time , the objective of a single market without internal borders for companies must also be reconciled with other objectives of european integration such as social protection , the protection of creditors and the protection of shareholders . such objectives , in the absence of harmonised rules specifically regarding cross - border conversions , are pursued by member states through a number of multifarious legal provisions and administrative practices . as a result , whereas companies are already able to merge cross - border , they experience a number of legal and practical difficulties when wishing to perform a cross - border conversion . moreover , the national legislation of many member states provides for the procedure of domestic conversions without offering an equivalent procedure for converting cross - border . ### these developments in the case - law have opened up new opportunities for companies and firms in the single market . at the same time , the objective of a single market without internal borders for companies must also be reconciled with other objectives of european integration such as the protection of creditors and the protection of shareholders and especially social protection . such objectives , in the absence of harmonised rules specifically regarding cross - border conversions , are pursued by member states through a number of multifarious legal provisions and administrative practices . as a result , whereas companies are already able to merge cross - border , they experience a number of legal and practical difficulties when wishing to perform a cross - border conversion . moreover , the national legislation of many member states provides for the procedure of domestic conversions without offering an equivalent procedure for converting cross - border .


### it is appropriate therefore to provide procedural and substantive rules on cross - border conversions which would contribute to the abolition of restrictions on freedom of establishment and provide at the same time adequate and proportionate protection for stakeholders such as employees , creditors and minority shareholders . ### it is appropriate therefore to provide procedural and substantive rules on cross - border conversions which would contribute to the abolition of restrictions on freedom of establishment and provide at the same time adequate and proportionate protection for stakeholders such as creditors and minority shareholders and , in particular , employees .


### in order to provide information to its employees , the company carrying out the cross - border conversion should prepare a report explaining the implications of the proposed cross - border conversion for employees . the report should explain in particular the implications of the proposed cross - border conversion on the safeguarding of the jobs of the employees , whether there would be any material change in the employment relationships and the locations of the companies’ places of business and how each of these factors would relate to any subsidiaries of the company . this requirement should not however apply where the only employees of the company are in its administrative organ . the provision of the report should be without prejudice to the applicable information and consultation proceedings instituted at national level following the implementation of directive 2002 / 14 / ec of the european parliament and of the council43 or directive 2009 / 38 / ec of the european parliament and of the council44 . __________________ 43 directive 2002 / 14 / ec of the european parliament and of the council of 11 march 2002 establishing a general framework for informing and consulting employees in the european community . 44 directive 2009 / 38 / ec of the european parliament and of the council of 6 may 2009 on the establishment of a european works council or a procedure in community - scale undertakings and community - scale groups of undertakings for the purposes of informing and consulting employees . ### in order to provide information to its employees , the company carrying out the cross - border conversion should prepare a report explaining the implications of the proposed cross - border conversion for employees . the report should explain in particular the implications of the proposed cross - border conversion on the safeguarding of the jobs of the employees , whether there would be any material change in the employment relationships , on the application of collective agreements and the locations of the companies’ places of business and how each of these factors would relate to any subsidiaries of the company . this requirement should not however apply where the only employees of the company are in its administrative organ . the provision of the report should be without prejudice to the applicable information and consultation proceedings instituted at national level following the implementation of directive 2002 / 14 / ec of the european parliament and of the council43 or directive 2009 / 38 / ec of the european parliament and of the council44 . __________________ 43 directive 2002 / 14 / ec of the european parliament and of the council of 11 march 2002 establishing a general framework for informing and consulting employees in the european community . 44 directive 2009 / 38 / ec of the european parliament and of the council of 6 may 2009 on the establishment of a european works council or a procedure in community - scale undertakings and community - scale groups of undertakings for the purposes of informing and consulting employees .


### furthermore , in order to enhance the protection afforded to the employees of the merging company or companies , employees or their representatives may provide their opinion on the company report setting out the implications of the cross - border merger for them . the provision of the report should be without prejudice to the applicable information and consultation proceedings instituted at national level following the implementation of council directive 2001 / 23 / ec48 , directive 2002 / 14 / ec or directive 2009 / 38 / ec . __________________ 48 council directive 2001 / 23 / ec of 12 march 2001 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 businesses . ### furthermore , in order to enhance the protection afforded to the employees of the merging company or companies , employees or their representatives may provide , prior to the merge , their opinion on the company report setting out the implications of the cross - border merger for them . the provision of the report should be without prejudice to the applicable information and consultation proceedings instituted at national level following the implementation of council directive 2001 / 23 / ec48 , directive 2002 / 14 / ec or directive 2009 / 38 / ec . __________________ 48 council directive 2001 / 23 / ec of 12 march 2001 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 businesses .


### the report referred to in paragraph 1 of this article , shall be made available , at least electronically , to the members not less than two months before the date of the general meeting referred to in article 86i . that report shall also be made similarly available to the representatives of the employees of the company carrying out the cross - border conversion or , where there are no such representatives , to the employees themselves . ### the report referred to in paragraph 1 of this article , shall be made available , at least electronically , to the members not less than two months before the date of the general meeting referred to in article 86i . that report shall also be made similarly available to the representatives of the employees of the company carrying out the cross - border conversion , to the employees themselves and to the trade union representatives in the company .


### a notice informing the members , creditors and employees of the company carrying out the cross - border conversion that they may submit , before the date of the general meeting , comments concerning the documents referred to in points and of the first subparagraph to the company and to the competent authority designated in accordance with article 86m . ### a notice informing the members , creditors and employees and / or trade unions which have members in the company carrying of the company carrying out the cross - border conversion that they may submit , before the date of the general meeting , comments concerning the documents referred to in points and of the first subparagraph to the company and to the competent authority designated in accordance with article 86m .


### where the competent authority determines that the cross - border conversion falls within the scope of the national provisions transposing this directive , that it complies with all the relevant conditions and that all necessary procedures and formalities have been completed , the competent authority shall issue the pre - conversion certificate ; ### where the competent authority determines that the cross - border conversion falls within the scope of the national provisions transposing this directive , that it complies with all the relevant conditions and that all necessary procedures and formalities have been completed and if there are no indications for circumventing employee participation rules , the competent authority shall issue the pre - conversion certificate ;


### 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 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 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 the composition of the balance sheet and of the financial statement in the destination member state and in all member states in which the company operates in the last two fiscal years . the competent authority shall be able to ask questions and to request information to the competent authority of the destination member state .


### 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 representatives of the employees of each of the merging companies , or where there are no such representatives , to the european works council , the representatives of the employees of each of the merging companies , or where there are no such representatives , to employees themselves and the trade unions in the company . 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 management or administrative organ of the company being divided shall draw up the draft terms of cross - border division . the draft terms of cross - border division shall include at least the following : ### the management or administrative organ , including employee board level representatives , of the company being divided shall draw up the draft terms of cross - border division . the draft terms of cross - border division shall include at least the following :


### the report referred to in paragraph 1 of this article shall be made available , at least electronically , to the members of the company being divided not less than two months before the date of the general meeting referred to in article 160k . that report shall also be made similarly available to the representatives of the employees of the company being divided or , where there are no such representatives , to the employees themselves . ### the report referred to in paragraph 1 of this article shall be made available , at least electronically , to the members of the company being divided not less than two months before the date of the general meeting referred to in article 160k . that report shall also be made similarly available to the european works council , the representatives of the employees of the company being divided or , where there are no such representatives , to the employees themselves and the trade unions in the company .


### this regulation respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union . in particular this regulation seeks to ensure full respect for human dignity and the right to asylum of applicants for asylum and their accompanying family members and to promote the application of the charter ' s articles relating to human dignity , respect for private and family life , freedom of expression and information , right to education , freedom to choose an occupation and right to engage in work , freedom to conduct a business , right to asylum , non - discrimination , rights of the child , social security and social assistance , health care , and should therefore be implemented accordingly . ### this regulation respects the fundamental rights and observes the principles recognized by the charter of fundamental rights of the european union , the european convention for the protection of human rights and fundamental freedoms , the european social charter , the universal declaration of human rights of 1948 , the geneva convention of 1951 and the additional protocol thereto . in particular this regulation seeks to ensure full respect for human dignity and the right to asylum of applicants for asylum and their accompanying family members and to promote the application of the charter ' s articles relating to human dignity , respect for private and family life , freedom of expression and information , right to education , freedom to choose an occupation and right to engage in work , freedom to conduct a business , right to asylum , non - discrimination , rights of the child , the enjoyment of social rights including social security and social assistance , health care , and should therefore be implemented accordingly .


### for the purpose of assessing serious harm which may qualify applicants as eligible for subsidiary protection , the notion of indiscriminate violence , in accordance with relevant case law of the european court of justice , should include violence that may extend to people irrespective of their personal circumstance . ### for the purpose of assessing serious harm which may qualify applicants as eligible for subsidiary protection , the notion of indiscriminate violence , in accordance with relevant case law of the european court of justice and the european court of human rights , should include violence that may extend to people irrespective of their personal circumstance . factors to be taken into account when determining whether indiscriminate violence exists could include external aggression , occupation , foreign domination , internal conflicts , several violation of human rights or events seriously disturbing public order in the country of origin , or in a part thereof .


### when the refugee status or the subsidiary protection status ceases to exist , the application of the decision by which the determining authority of a member state revokes , ends or does not renew the status should be deferred for a reasonable period of time after adoption , in order to give the third - country national or stateless person concerned the possibility to apply for residence on the basis of other grounds than those having justified the granting of international protection , such as family reasons , or reasons related to employment or to education , in accordance with relevant union and national law . ### when the subsidiary protection status ceases to exist , the application of the decision by which the determining authority of a member state withdraws the status should be deferred for a reasonable period of time after adoption , in order to give the third - country national or stateless person concerned the possibility to apply for residence on the basis of other grounds than those having justified the granting of international protection , such as family reasons , or reasons related to employment or to education , in accordance with relevant union and national law .


### within the limits set out by international obligations , the granting of benefits with regard to access to employment and social security requires the prior issuing of a residence permit . ### within the limits set out by international obligations , the granting of benefits and social rights with regard to access to employment and social security does not require the prior issuing of a residence permit .


### the competent authorities shall provide beneficiaries of international protection with information on the rights and obligations relating to refugee status or subsidiary protection status , as soon as possible after that has been granted . that information shall be provided in a language that the beneficiary can understand or is reasonably supposed to understand and shall make explicit references to the consequences of not complying with the obligations outlined in article 28 on movement within the union . ### the competent authorities shall provide beneficiaries of international protection with information on the rights and obligations relating to refugee status or subsidiary protection status , as soon as possible after that has been granted . that information shall be provided in a language that the beneficiary can understand and shall make explicit references to the consequences of not complying with the obligations outlined in article 28 on movement within the union .


### for beneficiaries of refugee status , the residence permit shall have a period of validity of three years and be renewable thereafter for periods of three years . ### for beneficiaries of refugee status , the residence permit shall have a period of validity of five years and be renewable thereafter for periods of five years . members states may issue residence permits of permanent or unlimited validity on terms that are more favourable than those laid down by this regulation , following article 13 of council directive 2003 / 108 / ec


### beneficiaries of international protection shall enjoy freedom of movement within the territory of the member state that granted international protection , including the right to choose their place of residence in that territory , under the same conditions and restrictions as those provided for other third - country nationals legally resident in their territories who are in a comparable situation . ### beneficiaries of international protection shall enjoy freedom of movement within the territory of the member state that granted international protection , including the right to choose their place of residence in that territory , under the same conditions and restrictions as those provided for other third - country nationals legally resident in their territories .


### competent authorities , where necessary shall facilitate the full access to the activities referred to in paragraph and . ### competent authorities , shall facilitate the full access to the activities referred to in paragraph and .


### beneficiaries of international protection who have special needs , such as pregnant women , disabled people , persons who have undergone torture , rape or other serious forms of psychological , physical or sexual violence or minors who have been victims of any form of abuse , neglect , exploitation , torture , cruel , inhuman and degrading treatment or who have suffered from armed conflict shall be provided adequate healthcare , including treatment of mental disorders when needed , under the same eligibility conditions as nationals of the member state that has granted protection . ### beneficiaries of international protection who have special needs , such as pregnant women , disabled people , persons who have undergone torture , rape or other serious forms of psychological , physical or sexual violence or minors who have been victims of any form of abuse , neglect , exploitation , torture , cruel , inhuman and degrading treatment or who have suffered from armed conflict shall be provided adequate healthcare , including treatment of mental disorders when needed , under the same eligibility conditions as nationals of the member state that has granted protection . former international protection applicants who have been receiving medical assistance shall continue receiving treatment after the recognition of their status , for as long as needed .


### as soon as possible after international protection is granted and within five working days at the latest , as outlined in article 22 of regulation eu no xxx / xxx [ procedures regulation ] , competent authorities shall take the necessary measures to ensure the representation of unaccompanied minors by a legal guardian or , where necessary , by an organisation responsible for the care and well - being of minors , or by any other appropriate representation including that based on legislation or court order . ### as soon as possible and within five days at the latest , as outlined in article 22 of regulation eu no xxx / xxx [ procedures regulation ] , competent authorities shall take the necessary measures to ensure the representation of unaccompanied minors by a legal guardian or , where necessary , by an organisation responsible for the care and well - being of minors , or by any other appropriate representation including that based on legislation or court order .


### to ensure that , despite the growing demand for forest biomass , harvesting is carried out in a sustainable manner in forests where regeneration is ensured , that special attention is given to areas explicitly designated for the protection of biodiversity , landscapes and specific natural elements , that biodiversity resources are preserved and that carbon stocks are tracked , woody raw material should come only from forests that are harvested in accordance with the principles of sustainable forest management developed under international forest processes such as forest europe and are implemented through national laws or the best management practices at the forest holding level . operators should take the appropriate steps in order to minimise the risk of using unsustainable forest biomass for the production of bioenergy . to that end , operators should put in place a risk - based approach . in this context , it is appropriate for the commission to develop operational guidance on the verification of compliance with the risk based approach , following the consultation of the energy union governance committee , and the standing forestry committee established by council decision 89 / 367 / eec24 . _________________ 24 council decision 89 / 367 / eec of 29 may 1989 setting up a standing forestry committee . ### to ensure that , despite the growing demand for forest biomass , harvesting is carried out in a sustainable manner in forests where regeneration is ensured , that special attention is given to areas explicitly designated for the protection of biodiversity , landscapes and specific natural elements , that biodiversity resources are preserved and that carbon stocks are tracked , woody raw material should come only from forests that are harvested in accordance with the principles of sustainable forest management developed under international forest processes such as forest europe and are implemented through national laws or the best management practices at the forest holding level , and the forestation of agricultural land and forest monocultures , alien species and any that may be considered invasive must always be avoided . operators should take the appropriate steps in order to minimise the risk of using unsustainable forest biomass for the production of bioenergy . to that end , operators should put in place a risk - based approach . in this context , it is appropriate for the commission to develop operational guidance on the verification of compliance with the risk based approach , following the consultation of the energy union governance committee , and the standing forestry committee established by council decision 89 / 367 / eec24 . _________________ 24 council decision 89 / 367 / eec of 29 may 1989 setting up a standing forestry committee .


### to support effort at strengthening the capabilities in relation to combatting and preventing crime including terrorism in particular through increased cooperation between public authorities , civil society and private partners across the member states . ### to support efforts at strengthening the capabilities in relation to combating and preventing crime , including financial cybercrime , tax crimes and cross - border money - laundering , in particular through increased cooperation between public authorities , civil society and private partners across the member states .


### support of this kind should encourage entities with a public mission such as public authorities and providers of public services to offer free local wireless connectivity as an ancillary service to their public mission so as to ensure that local communities can experience the benefits of very high - speed broadband in the centres of public life . such entities could include municipalities and other local public authorities , libraries and hospitals . ### support of this kind should encourage entities with a public mission such as public authorities , cooperatives , community - based social enterprises and providers of public services , to offer free local wireless connectivity as an ancillary service to their public mission so as to ensure that local communities can experience the benefits of very high - speed broadband in the centres of public life . such entities could include municipalities and other local public authorities , libraries and hospitals .


### to ensure that connectivity in accordance with this regulation is provided quickly , financial assistance should be implemented using to the fullest extent possible on - line tools that allow for the swift submission and handling of applications and support the implementation , monitoring and auditing of the local wireless access points installed . ### to ensure that connectivity in accordance with this regulation is provided quickly , financial assistance should be implemented using to the fullest extent possible both on - line and other conventional tools that allow for the swift submission and handling of applications and support the implementation , monitoring and auditing of the local wireless access points installed .


### given internet connectivity needs within the union and the urgency of promoting access networks that can deliver , throughout the eu , an internet experience of high quality based on very high - speed broadband services , financial assistance should seek to attain a geographically balanced distribution . ### given internet connectivity needs within the union and the urgency of promoting access networks that can deliver , throughout the eu , an internet experience of high quality based on very high - speed broadband services , synergies with other union , national and regional funds and programmes should be taken into account , in particular when providing additional financial assistance as it should also target less - developed and transition regions and seek to attain a geographically balanced distribution .


### financial assistance shall be available to entities with a public mission such as local authorities and providers of public services undertaking to provide free local wireless connectivity through the installation of local wireless access points . ### financial assistance shall be available to entities with a public mission such as local authorities , cooperatives , community - based social enterprises and providers of public services , undertaking to provide free local wireless connectivity through the installation of local wireless access points .


### in the light of the results of the evaluation undertaken of the implementation of regulation 604 / 2013 , it is appropriate , at this stage , to confirm the principles underlying regulation no 604 / 2013 , while making the necessary improvements , in the light of experience , to the effectiveness of the dublin system and the protection granted to applicants under that system . based on this evaluation and on consultation with member states , the european parliament and other stakeholders , it is also considered appropriate to establish in the regulation measures required for a fair share of responsibility between member states for applications for international protection , in particular to ensure that a disproportionate burden is not placed upon some member states . ### in the light of the results of the evaluation undertaken of the implementation of regulation 604 / 2013 , it is necessary , at this stage , to design a new system in full respect of article 78 tfeu based on a genuine link approach and fair share of responsibility and solidarity between member states for applications for international protection , in particular to ensure that a disproportionate burden is not placed upon some member states .


### a personal interview with the applicant should be organised in order to facilitate the determination of the member state responsible for examining an application for international protection unless the applicant has absconded or the information provided by the applicant is sufficient for determining the member state responsible . as soon as the application for international protection is lodged , the applicant should be informed in particular of the application of this regulation , of the lack of choice as to which member state will examine his or her asylum application ; of his or her obligations under this regulation and of the consequences of not complying with them ### a personal interview with the applicant should be organised in order to facilitate the determination of the member state responsible for examining an application for international protection unless the applicant has absconded or the information provided by the applicant is sufficient for determining the member state responsible . as soon as the application for international protection is lodged , the applicant should be informed in particular of the application of this regulation as to which member state may be competent of his or her asylum application ; of his or her rights and obligations under this regulation . the applicant should be fully informed about his or her right to legal assistance and an effective remedy . the information to the applicant should be provided in a language that he or she understands , in a concise , transparent , intelligible and easily accessible form .


### the application of this regulation can be facilitated , and its effectiveness increased , by bilateral arrangements between member states for improving communication between competent departments , reducing time limits for procedures or simplifying the processing of requests to take charge or take back , or establishing procedures for the performance of transfers . ### the application of this regulation can be facilitated , and its effectiveness increased , by the support of the european agency for asylum as well as bilateral arrangements between member states for improving communication between competent departments , reducing time limits for procedures or simplifying the processing of requests , or establishing procedures for the performance of transfers .


### the examination procedure should be used for the adoption of a common leaflet on dublin / eurodac , as well as a specific leaflet for unaccompanied minors ; of a standard form for the exchange of relevant information on unaccompanied minors ; of uniform conditions for the consultation and exchange of information on minors and dependent persons ; of uniform conditions on the preparation and submission of take charge requests and take back notifications ; of two lists of relevant elements of proof and circumstantial evidence , and the periodical revision thereof ; of a laissez passer ; of uniform conditions for the consultation and exchange of information regarding transfers ; of a standard form for the exchange of data before a transfer ; of a common health certificate ; of uniform conditions and practical arrangements for the exchange of information on a person’s health data before a transfer , and of secure electronic transmission channels for the transmission of requests . ### the examination procedure should be used for the adoption of a standard form for the exchange of relevant information on unaccompanied minors ; of uniform conditions for the consultation and exchange of information on minors and dependent persons ; of uniform conditions on the preparation and submission of requests and notifications ; of two lists of relevant elements of proof and circumstantial evidence , and the periodical revision thereof ; of a laissez passer ; of uniform conditions for the consultation and exchange of information regarding transfers ; of a standard form for the exchange of data before a transfer ; of a common health certificate ; of uniform conditions and practical arrangements for the exchange of information on a person’s health data before a transfer , and of secure electronic transmission channels for the transmission of requests .


### in order to provide for supplementary rules , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the identification of family members or relatives of an unaccompanied minor ; the criteria for establishing the existence of proven family links ; the criteria for assessing the capacity of a relative to take care of an unaccompanied minor , including where family members , siblings or relatives of the unaccompanied minor stay in more than one member state ; the elements for assessing a dependency link ; the criteria for assessing the capacity of a person to take care of a dependent person and the elements to be taken into account in order to assess the inability to travel for a significant period of time . in exercising its powers to adopt delegated acts , the commission shall not exceed the scope of the best interests of the child as provided for under article 8 of this regulation . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . . ### in order to provide for supplementary rules , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the periodicity and modalities for providing information to applicants on the progress in the procedures under this regulation concerning them , the identification of family members or relatives or any other family relations of an unaccompanied minor ; the criteria for establishing the existence of proven family links ; the criteria for assessing the capacity of a relative to take care of an unaccompanied minor , including where family members , siblings or relatives of the unaccompanied minor stay in more than one member state ; the elements for assessing a dependency link ; the criteria for assessing the capacity of a person to take care of a dependent person ; standard operating protocols for transnational cooperation regarding the best interests of the child assessment and best interests determination and the elements to be taken into account in order to assess the inability to travel for a significant period of time . in exercising its powers to adopt delegated acts , the commission shall not exceed the scope of the best interests of the child as provided for under article 8 of this regulation . to ensure equal participation in the preparation of delegated acts , the european parliament and council should receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts .


### - when the beneficiary of international protection is a minor and unmarried , the father , mother or another adult responsible for him or her whether by law or by the practice of the member state where the beneficiary is present , ### - the father , mother or another adult responsible for the beneficiary of international protection whether by law or by the practice of the member state where the beneficiary is present ,


### the applicant shall submit as soon as possible and at the latest during the interview pursuant to article 7 , all the elements and information relevant for determining the member state responsible and cooperate with the competent authorities of the member states . ### the applicant shall submit as soon as possible all the available elements and information relevant for determining the member state responsible and cooperate with the competent authorities of the member states . the competent authorities shall take into account the elements and information relevant for determining the member state responsible only insofar as they have been submitted before the final decision determining the member state responsible . in the period between the final decision and the actual transfer to a designated member state , member states shall take into consideration other elements provided by the applicant if the delay in submitting them is due to force majeure .


### the personal interview shall be conducted in a language that the applicant understands or is reasonably supposed to understand and in which he or she is able to communicate . where necessary , member states shall have recourse to an interpreter who is able to ensure appropriate communication between the applicant and the person conducting the personal interview . ### the personal interview shall be conducted in a language that the applicant understands and in which he or she is able to communicate . interviews with minors shall be conducted in a child - friendly manner in the presence of the guardian and , where applicable , the legal advisor or counsellor . where necessary , member states shall have recourse to a qualified interpreter who is able to ensure appropriate communication between the applicant and the person conducting the personal interview , and to an intercultural mediator .


### each member state where an unaccompanied minor is obliged to be present shall ensure that a representative represents and / or assists the unaccompanied minor with respect to the relevant procedures provided for in this regulation . the representative shall have the qualifications and expertise to ensure that the best interests of the minor are taken into consideration during the procedures carried out under this regulation . such representative shall have access to the content of the relevant documents in the applicant’s file including the specific leaflet for unaccompanied minors . ### each member state where an unaccompanied minor is present shall ensure that a guardian represents and / or assists the unaccompanied minor with respect to all procedures provided for in this regulation . the guardian shall have the qualifications , expertise and independence to ensure that the best interests of the minor are taken into consideration during the procedures carried out under this regulation . such a guardian shall have access to the content of the relevant documents in the applicant’s file including the specific information material for unaccompanied minors . the guardian shall be appointed as soon as possible but at the latest within 5 days from the date of arrival .


### where , on account of pregnancy , a new - born child , serious illness , severe disability or old age , an applicant is dependent on the assistance of his or her child , sibling or parent legally resident in one of the member states , or his or her child , sibling or parent legally resident in one of the member states is dependent on the assistance of the applicant , member states shall normally keep or bring together the applicant with that child , sibling or parent , provided that family ties existed in the country of origin , that the child , sibling or parent or the applicant is able to take care of the dependent person and that the persons concerned expressed their desire in writing . ### where , on account of pregnancy , a new - born child , serious illness , severe disability , severe trauma or old age , an applicant is dependent on the assistance of his or her child , sibling or parent legally resident in one of the member states , or his or her child , sibling or parent legally resident in one of the member states is dependent on the assistance of the applicant , member states shall normally keep or bring together the applicant with that child , sibling or parent , insofar as the family ties already existed before the applicant arrived on the territory of the member states , that the child , sibling or parent or the applicant is able to take care of the dependent person and that the persons concerned expressed their desire in writing .


### paragraph 1 applies where the automated system referred to in article 44 indicates that the number of applications for international protection for which a member state is responsible under the criteria in chapter iii , articles 3 or , 18 and 19 , in addition to the number of persons effectively resettled , is higher than 150% of the reference number for that member state as determined by the key referred to in article 35 . ### paragraph 1 applies where the automated system referred to in article 44 indicates that the number of applications for international protection for which a member state is responsible under the criteria in chapter iii , articles 3 or , 18 and 19 , in addition to the number of persons effectively resettled , is higher than 75% of the reference number for that member state as determined by the key referred to in article 35 .


### where the threshold referred to in article 34 is reached , the automated system referred to in article 44 shall apply the reference key referred to in article 35 to those member states with a number of applications for which they are the member states responsible below their share pursuant to article 35 and notify the member states thereof . ### where the threshold referred to in article 34 is reached , the attribution of competences under articles 10a and 14a shall be adjusted in the following terms : - if more member states would be responsible under article 10a or 14a , applicants shall be able to choose the member state responsible . - if there is not another member state that could be responsible under article 10a or 14a , the responsible member state shall be awarded a financial contribution under article 37 .


### applicants who lodged their application in the benefitting member state after notification of allocation referred to in article 34 shall be allocated to the member states referred to in paragraph 1 , and these member states shall determine the member state responsible ; ### where the threshold referred to in article 34 is reached , the attribution of competence under article 11a shall be adjusted in the following terms : - if more member states would be responsible under article 11a , the one which is under its share shall become the competent state ; - if there is not another member state that could be responsible under article 11a , the responsible member state shall be awarded a financial contribution under article 37 .


### the automated system referred to in article 44 shall in that case apply the reference key during this twelve - month period to those member states with a number of applications for which they are the member states responsible below their share pursuant to article 35 , with the exception of the member state which entered the information , as well as the benefitting member state . the automated system referred to in article 44 shall count each application which would have otherwise been allocated to the member state which entered the information pursuant to article 36 for the share of that member state . ### the costs to transfer an applicant to the member state under the corrective mechanism by the european union agency for asylum shall be met by the general budget of the union and be refunded by a lump sum of eur 300 for each person transferred pursuant to article 38 .


### the specific programme ' s actions should be used to address market failures or sub - optimal investment situations , in a proportionate manner , without duplicating or crowding out private financing and have a clear european added value . ### the programme ' s actions in the ' open innovation ' pillar should be used to address market failures or sub - optimal investment situations , in a proportionate manner , without duplicating or crowding out private financing and have a clear european added value .


### reflecting the important contribution that research and innovation should make to address challenges in food , agriculture , rural development and the bioeconomy , and to seize the corresponding research and innovation opportunities in close synergy with common agricultural policy , relevant actions under the specific programme will be supported with eur 10 billion for the cluster ' food and natural resources ' for the period 2021 - 2027 . ### reflecting the important contribution that research and innovation should make to address societal challenges in food , agriculture , rural development and the bioeconomy , and to seize the corresponding research and innovation opportunities in close synergy with common agricultural policy , relevant actions under the specific programme will be supported with eur 10 billion for the cluster ' food and natural resources ' for the period 2021 - 2027 .


### reinforcing and spreading excellence ; ### strengthening europe ' s scientific base and reinforcing and spreading excellence ;


### fostering open science and ensuring visibility to the public and open access to results ; ### fostering open science and ensuring visibility to the public and open access to results and research data ;


### supporting the implementation of union policy priorities ; ### supporting the implementation of union policy priorities , including the achievement of the sustainable development goals and delivering societal impact ;


### involving citizens and end - users in co - design and co - creation processes ; ### involving citizens , civil society organisations and end - users in r&i agenda - setting , including in co - design and co - creation processes ;


### content of work programmes and their revision as needed for achieving the mission objectives , in co - design with stakeholders and the public where relevant ; ### content of work programmes and their revision as needed for achieving the mission objectives , in co - creation and&#160 ; co - design with stakeholders and civil society ;


### the strategic planning will promote strong engagement with citizens and civil society organisations at all stages of research and innovation , the co - creation of knowledge , effective promotion of gender equality , including the integration of the gender dimension in research and innovation content , and will ensure and promote the adherence to the highest ethics and integrity standards . ### the strategic planning will promote strong engagement with citizens and civil society organisations at all stages of research and innovation , in particular in agenda - setting , the co - design and co - creation of knowledge , effective promotion of gender equality , including the integration of the gender dimension in research and innovation content , and will ensure and promote the adherence to the highest ethics and integrity standards .


### the strategic planning will help to develop and realise the implementation of policy for the relevant areas covered , at eu level as well as complementing policy and policy approaches in the member states . eu policy priorities will be taken into consideration during the strategic planning process to increase the contribution of research and innovation to the realisation of policy . it will also take into account foresight activities , studies and other scientific evidence and take account of relevant existing initiatives at eu and national level . ### the strategic planning will help to develop and realise the implementation of policy for the relevant areas covered , at eu level as well as complementing policy and policy approaches in the member states . eu policy priorities , in particular the sustainable development goals , will be taken into consideration during the strategic planning process to increase the contribution of research and innovation to the realisation of policy . it will also take into account foresight activities , studies and other scientific evidence and take account of relevant existing initiatives at eu and national level .


### in the implementation of horizon europe , particular attention will be paid to ensuring a balanced and broad approach to research and innovation , which is not only limited to the development of new products processes and services on the basis of scientific and technological knowledge and breakthroughs , but also incorporates the use of existing technologies in novel applications and continuous improvement and non - technological and social innovation . a systemic , cross - disciplinary , cross - sectoral and cross - policy approach to research innovation will ensure that challenges can be tackled while also giving rise to new competitive businesses and industries , fostering competition , stimulating private investments and preserving the level playing field in the internal market . ### in the implementation of horizon europe , particular attention will be paid to ensuring a balanced and broad approach to research and innovation , which is not only limited to the development of new products processes and services on the basis of scientific and technological knowledge and breakthroughs , but also incorporates the use of existing technologies in novel applications and continuous improvement and non - technological and social innovation . a systemic , cross - disciplinary , cross - sectoral and cross - policy approach to research and innovation will ensure that societal challenges can be tackled while also , where in line with sustainable development , giving rise to new competitive businesses and industries , fostering competition , stimulating private investments and preserving the level playing field in the internal market .


### horizon europe will provide dedicated support for open access to scientific publications , to knowledge repositories and other data sources . dissemination and knowledge diffusion actions will be supported , also from cooperation with other eu programmes , including clustering and packaging results and data in languages and formats for target audiences and networks for citizens , industry , public administrations , academia , civil society organisations , and policy makers . for this purpose , horizon europe may make use of advanced technologies and intelligence tools . ### horizon europe will provide dedicated support for open access to scientific publications and to research data , to knowledge repositories and other data sources . dissemination and knowledge diffusion actions will be supported , also from cooperation with other eu programmes , including clustering and packaging results and data in languages and formats for target audiences and networks for citizens , industry , public administrations , academia , civil society organisations , and policy makers . for this purpose , horizon europe may make use of advanced technologies and intelligence tools .


### the eu will benefit as user and producer of technologies and industries showcasing how modern industrialised , sustainable inclusive , open and democratic society and economy can function and develop . the growing economic - environmental - social examples of the sustainable industrial economy of the future will be fostered and boosted , be they for : health and well - being for all ; or resilient inclusive and secure societies ; or available clean energy and mobility ; or a digitised economy and society ; or a transdisciplinary and creative industry ; or space marine or land - based solutions ; or food and nutrition solutions ; sustainable use of natural resources climate protection and adaptation , all generating wealth in europe and offering higher quality jobs . industrial transformation will be crucial . ### the eu will benefit as user and producer of technologies and industries showcasing how modern industrialised , sustainable inclusive , open and democratic society and economy can function and develop in a way that contributes to sustainable development and people ' s wellbeing . the growing economic - environmental - social examples of the sustainable industrial economy of the future will be fostered and boosted , be they for : health and well - being for all ; or resilient inclusive and secure societies ; or available clean energy and mobility ; or a digitised economy and society ; or a transdisciplinary and creative industry ; or space marine or land - based solutions ; or food and nutrition solutions ; sustainable use of natural resources climate protection and adaptation , all generating wealth in europe and offering higher quality jobs . industrial transformation will be crucial .


### health research and innovation research and innovation have played a significant part in this achievement but also in improving productivity and quality in the health and care industry . however , the eu continues to face novel , newly emerging or persisting challenges that are threatening its citizens and public health , the sustainability of its health care and social protection systems , as well as the competitiveness of its health and care industry . major health challenges in the eu include : the lack of effective health promotion and disease prevention ; the rise of non - communicable diseases ; the spread of antimicrobial drug resistance and the emergence of infectious epidemics ; increased environmental pollution ; the persistence of health inequalities among and within countries affecting disproportionally people that are disadvantaged or in vulnerable stages of life ; the detection , understanding , control , prevention and mitigation of health risks in a rapidly changing social , urban and natural environment ; the increasing costs for european health care systems and the progressive introduction of personalised medicine approaches and digitalisation in health and care ; and the increasing pressure on the european health and care industry to remain competitive in and by developing health innovation vis - a - vis new and emerging global players . ### health research and innovation research and innovation have played a significant part in this achievement but also in improving productivity and quality in the health and care industry . however , the eu continues to face novel , newly emerging or persisting challenges that are threatening its citizens and public health , the sustainability of its health care and social protection systems , as well as the competitiveness of its health and care industry . major health challenges in the eu include : the lack of effective health promotion and disease prevention ; the rise of non - communicable diseases ; the spread of antimicrobial drug resistance and the emergence of infectious epidemics ; increased environmental pollution ; the persistence of health inequalities among and within countries affecting disproportionally people that are disadvantaged or in vulnerable stages of life ; the detection , understanding , control , prevention and mitigation of health risks in a rapidly changing social , urban and natural environment ; high prices of some new health technologies ; the increasing costs for european health care systems and the progressive introduction of personalised medicine approaches and digitalisation in health and care ; and the increasing pressure on the european health and care industry to remain competitive in and by developing health innovation vis - a - vis new and emerging global players .


### these health challenges are complex , interlinked and global in nature and require multidisciplinary , cross - sectorial and transnational collaborations . research and innovation activities will build close linkages between discovery , clinical , epidemiological , environmental and socio - economic research as well as with regulatory sciences . they will harness the combined skills of academia and industry and foster their collaboration with health services , patients , policy - makers and citizens in order to leverage on public funding and ensure the uptake of results in clinical practice as well as in health care systems . they will foster strategic collaboration at eu and international level in order to pool the expertise , capacities and resources needed to create economies of scale , scope and speed as well as to share the expected benefits and financial risks involved . ### these health challenges are complex , interlinked and global in nature and require multidisciplinary , cross - sectorial and transnational collaborations and research . research and innovation activities will build close linkages between discovery , clinical , epidemiological , environmental and socio - economic research as well as with regulatory sciences . they will harness the combined skills of academia and industry and foster their collaboration with health services , patients , policy - makers and citizens in order to leverage on public funding and ensure the uptake of results in clinical practice as well as in health care and social welfare systems . they will foster strategic collaboration at eu and international level in order to pool the expertise , capacities and resources needed to create economies of scale , scope and speed as well as to share the expected benefits and financial risks involved .


### health technologies and tools are vital for public health and contributed to a large extent to the important improvements achieved in the quality of life , health and care of people , in the eu . it is thus a key strategic challenge to design , develop , deliver and implement suitable , trustable , safe , and cost - effective tools and technologies for health and care , taking due account of the needs of people with disabilities and the aging society . these include artificial intelligence and other digital technologies , offering significant improvements over existing ones , as well as stimulating a competitive and sustainable health - related industry that creates high - value jobs . the european health - related industry is one of the critical economic sectors in the eu , accounting for 3% of gdp and 1 . 5 million employees . ### health technologies and tools are vital for public health and contributed to a large extent to the important improvements achieved in the quality of life , health and care of people , in the eu . it is thus a key strategic challenge to design , develop , deliver and implement suitable , trustable , safe , affordable and accessible tools and technologies for health and care , taking due account of the needs of people with disabilities and the aging society . these include artificial intelligence and other digital technologies , offering significant improvements over existing ones , as well as stimulating a competitive and sustainable health - related industry that creates high - value jobs . the european health - related industry is one of the critical economic sectors in the eu , accounting for 3% of gdp and 1 . 5 million employees .


### –data , information , knowledge and best practice from health systems research at eu - level and globally . ### –data , information , knowledge and best practice from health systems research , including welfare system aspects , at eu level and globally .


### to meet the objectives of the paris agreement the eu will need to transition to low - carbon , resource - efficient and resilient economies and societies . this will be based on profound changes in technology and services , to the ways in which businesses and consumers behave , as well as involving new forms of governance . limiting the increase of global average temperature to well below 2°c , and pursuing efforts to limit the temperature increase to 1 . 5°c , requires rapid progress in decarbonising the energy system and substantially reducing greenhouse - gas emissions from the transport sector17 . it will also need new impetus to accelerate the pace of developing next - generation breakthroughs as well as demonstrating and deploying innovative technologies and solutions , using also the opportunities provided by digital and space technologies . this will be pursued through an integrated approach encompassing decarbonisation , resource efficiency , reduction of air pollution , access to raw materials and circular economy . _________________ 17 substantial decarbonisation of other sectors is addressed in other areas of the horizon europe global challenges and industrial competitiveness pillar . ### to meet the objectives of the paris agreement the eu will need to transition to low - carbon , resource - efficient , sustainable , and resilient economies and societies . this will be based on profound changes in technology and services , to the ways in which businesses and consumers behave , as well as involving new forms of governance . limiting the increase of global average temperature to well below 2°c , and pursuing efforts to limit the temperature increase to 1 . 5°c , requires rapid progress in decarbonising the energy system and substantially reducing greenhouse - gas emissions from the transport sector17 . it will also need new impetus to accelerate the pace of developing next - generation breakthroughs as well as demonstrating and deploying innovative technologies and solutions , using also the opportunities provided by digital and space technologies . this will be pursued through an integrated approach encompassing decarbonisation , resource efficiency , reduction of air pollution , access to raw materials and circular economy . _________________ 17 substantial decarbonisation of other sectors is addressed in other areas of the horizon europe global challenges and industrial competitiveness pillar .


### –modelling , micro - economic evaluation , risk assessment methodologies , quality assurance tools for measurements , design of monitoring schemes , indicators and scoreboards , sensitivity analysis and auditing , lifecycle assessment , data and text mining , data analytics and applications , design thinking , horizon scanning , anticipation and foresight studies , behavioural research , and stakeholders and citizen engagement ; ### –modelling , micro - economic evaluation , risk assessment methodologies , quality assurance tools for measurements , design of monitoring schemes , indicators and scoreboards , sensitivity analysis and auditing , lifecycle assessment , data and text mining , data analytics and applications , design thinking , horizon scanning , anticipation and foresight studies , behavioural research , civil society and stakeholders and citizen engagement , including addressing barriers to civil society engagement in r& ; i agenda - setting and monitoring and evaluation , mainstreaming responsible research and innovation ;


### the eu must also aim to develop ecosystems that support social innovation and public sector innovation , in addition to innovation in private enterprises . indeed , the government sector must innovate and renew itself in order to be able to support the changes in regulation and governance required to support the large - scale deployment of new technologies and a growing public demand for the more efficient and effective delivery of services . social innovations are crucial to enhance the welfare of our societies . ### the eu must also develop ecosystems that support social innovation and public sector innovation , including social interactions , in addition to innovation in private enterprises . indeed , the government sector must innovate and renew itself in order to be able to support the changes in regulation and governance required to support the large - scale deployment of new technologies and a growing public demand for the more efficient and effective delivery of services . social innovations are crucial to enhance the welfare of our societies .