### the response depends on excellence in research to improve our fundamental understanding of health , disease , disability , development and ageing , and on the seamless and widespread translation of the resulting and existing knowledge into innovative , scalable and effective products , strategies , interventions and services . furthermore , the pertinence of these challenges across europe and in many cases , globally , demands a response characterised by long term and coordinated support for co - operation between excellent , multidisciplinary and multi - sector teams . ### the response depends on excellence in research and on the efficient dissemination of research results to improve our fundamental understanding of health , disease , disability , development and ageing , and on the seamless and widespread translation of the resulting and existing knowledge into innovative , scalable and effective products , strategies , interventions and services . furthermore , the pertinence of these challenges across europe and in many cases , globally , demands a response characterised by long term and coordinated support for co - operation between excellent , multidisciplinary and multi - sector teams , not only at union but also at global level , by supporting for instance research and development capacity in endemic areas .


### the response depends on excellence in research to improve our fundamental understanding of health , disease , disability , development and ageing , and on the seamless and widespread translation of the resulting and existing knowledge into innovative , scalable and effective products , strategies , interventions and services . furthermore , the pertinence of these challenges across europe and in many cases , globally , demands a response characterised by long term and coordinated support for co - operation between excellent , multidisciplinary and multi - sector teams . ### the response depends on excellence in research and on the efficient dissemination of research results to improve our fundamental understanding of health , disease , disability , development and ageing , and on the seamless and widespread translation of the resulting and existing knowledge into innovative , scalable and effective products , strategies , interventions and services . furthermore , the pertinence of these challenges across europe and in many cases , globally , demands a response characterised by long term and coordinated support for co - operation between excellent , multidisciplinary and multi - sector teams , not only at union but also at global level , by supporting for instance research and development capacity in endemic areas and diseases , in particular malaria , dengue fever and tuberculosis .


### the cost of union health and social care systems is rising with care and prevention measures in all ages increasingly expensive , the number of europeans aged over 65 expected to nearly double from 85 million in 2008 to 151 million by 2060 , and those over 80 to rise from 22 to 61 million in the same period . reducing or containing these costs such that they do not become unsustainable depends in part on ensuring the lifelong health and wellbeing of all and therefore on the effective prevention , treatment and management of disease and disability . ### the cost of union health and social care systems is rising with care and prevention measures in all ages increasingly expensive , the number of europeans aged over 65 expected to nearly double from 85 million in 2008 to 151 million by 2060 , and those over 80 to rise from 22 to 61 million in the same period . demographic changes , particularly ageing , have a significant gender dimension , with women accounting for most of the elderly population and most of the care - givers . adopting a more holistic approach and taking into consideration amongst other factors , sex and gender differences , on the effective prevention , treatment and management of disease and disability , would ensure the lifelong health and wellbeing of all and therefore would reduce these costs so as not to become unsustainable .


### access to the complete information referred to in article 13 and obtained by the competent authorities may be refused if the operator has requested not to disclose certain parts of the safety report or the inventory of dangerous substances for the reasons provided for in points , , or of article 4 of directive 2003 / 4 / ec . ### without prejudice to article 4 second subparagraph of directive 2003 / 4 / ec , access to the complete information referred to in article 13 and obtained by the competent authorities may be refused if the operator has requested not to disclose certain parts of the safety report for the reasons provided for in points , , or of article 4 of directive 2003 / 4 / ec .


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


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


### concessions are contracts for pecuniary interest concluded between one or more economic operators and one or more contracting authorities or entities and having as their object the acquisition of works or services where the consideration consists , normally , in the right to exploit the works or services that are the subject of the contract . the execution of these works or services are subject to specific binding obligations defined by the contracting authority or entity which are legally enforceable . by contrast , certain state acts such as authorisations or licences whereby the state or a public authority establishes the conditions for the exercise of an economic activity , should not qualify as concessions . the same applies to certain agreements having as their object the right of an economic operator to exploit certain public domains or resources , such as land lease contracts whereby the state or contracting authority or entity establishes only general conditions for their use without acquiring specific works or services . ### concessions are contracts for pecuniary interest concluded between one or more economic operators and one or more contracting authorities or entities and having as their object the acquisition of works or services where the consideration consists , normally , in the right to exploit the works or services that are the subject of the contract . the execution of these works or services are subject to specific binding obligations defined by the contracting authority or entity which are legally enforceable . by contrast , certain state acts such as authorisations or licences whereby the state or a public authority establishes the conditions for the exercise of an economic activity , should not qualify as concessions . equally , agreements having as their object the right of an economic operator to exploit certain public domains or resources , such as public domain and private land lease contracts whereby the state or contracting authority or entity only establishes general conditions and / or specific binding and legally enforceable obligations that relate to the use of the land , without acquiring specific works or services , should not qualify as concessions . in the framework of these public domain and private land lease contracts , the following terms are to be considered as conditions and obligations that purely aim at regulating the use of the land : terms concerning entry into possession by the tenant , the use to which the public domain or resource is to be put , the obligations of the contracting parties regarding the maintenance of the public domain or resource , the duration of the contract and the giving up of possession by the tenant , the fee or rent and the incidental charges to be paid by the tenant .


### in the concession documents , the contracting authority or contracting entity may ask or may be required by a member state to ask the tenderer to indicate in its tender any share of the contract it may intend to subcontract to third parties and any proposed subcontractors . ### in the concession documents , the grantor may ask or may be required by a member state to ask the tenderer to indicate in its tender any share of the contract it may intend to subcontract to third parties and any proposed subcontractors .


### difficulties related to the interpretation of the concepts of concession and public contract have been source of continued legal uncertainty among stakeholders and have given rise to numerous judgments of the court of justice of the european union on this subject . therefore , the definition of concession should be clarified , in particular by referring to the concept of substantial operating risk . the main feature of a concession , the right to exploit the works or services , always implies the transfer to the concessionaire of an economic risk involving the possibility that it will not recoup the investments made and the costs incurred in operating the works or services awarded . the application of specific rules governing the award of concessions would not be justified if the contracting authority or entity relieved the contractor of any potential loss , by guaranteeing a minimal revenue , equal or higher to the costs that the contractor has to incur in relation with the performance of the contract . at the same time it should be made clear that certain arrangements which are fully paid by a contracting authority or a contracting entity should qualify as concessions where the recoupment of the investments and costs incurred by the operator for execution the work or provididng the service depends on the actual demand for or the availability of the service or asset . ### the main feature of a concession , the right to exploit the works or services , always implies the transfer to the concessionaire of an economic risk involving the possibility that it will not recoup the investments made and the costs incurred in operating the works or services awarded under normal operating conditions . the application of specific rules governing the award of concessions would not be justified if the contracting authority or entity relieved the contractor of any potential loss . however certain arrangements which are fully paid by a contracting authority or a contracting entity should qualify as concessions where the recoupment of the investments and costs incurred by the operator for execution the work or providing the service depends on the actual demand for or the availability of the service or asset .


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


### difficulties related to the interpretation of the concepts of concession and public contract have been source of continued legal uncertainty among stakeholders and have given rise to numerous judgments of the court of justice of the european union on this subject . therefore , the definition of concession should be clarified , in particular by referring to the concept of substantial operating risk . the main feature of a concession , the right to exploit the works or services , always implies the transfer to the concessionaire of an economic risk involving the possibility that it will not recoup the investments made and the costs incurred in operating the works or services awarded . the application of specific rules governing the award of concessions would not be justified if the contracting authority or entity relieved the contractor of any potential loss , by guaranteeing a minimal revenue , equal or higher to the costs that the contractor has to incur in relation with the performance of the contract . at the same time it should be made clear that certain arrangements which are fully paid by a contracting authority or a contracting entity should qualify as concessions where the recoupement of the investements and costs incurred by the operator for execution the work or provididng the service depends on the actual demand for or the availability of the service or asset . ### difficulties related to the interpretation of the concept of concession have generated continued legal uncertainty among stakeholders and have given rise to numerous judgments of the court of justice of the european union on this subject . therefore , the definition of concession should be clarified , in particular by referring to the concept of operating risk . the main feature of a concession , the right to exploit the works or services , always implies the transfer to the concessionaire of an economic risk involving the possibility that it will not recoup the investments made and the costs incurred in operating the works or services awarded under normal operating conditions . the application of specific rules governing the award of concessions would not be justified if the grantor relieved the concessionaire of any potential loss , by guaranteeing a minimal revenue , equal or higher to the costs that the contractor has to incur in relation with the performance of the contract . at the same time it should be made clear that certain arrangements which are fully paid by a contracting authority or a contracting entity should qualify as concessions where the recouping of the investments and costs incurred by the operator for execution the work or providing the service depends on the actual demand for or the availability of the service or asset .


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


### unless otherwise provided in this directive or in the national law concerning access to information , and without prejudice to the obligations relating to the advertising of awarded contracts and to the information to candidates and tenderers set out in articles 27 and 35 of this directive , the contracting authority shall not disclose information forwarded to it by economic operators which they have designated as confidential , including , but not limited to , technical or trade secrets and the confidential aspects of tenders . ### unless otherwise provided in this directive or in the national law concerning access to information , and without prejudice to the obligations relating to the advertising of awarded concession contracts and to the information to candidates and tenderers set out in articles 27 and 35 of this directive , the grantor shall not disclose information forwarded to it by economic operators , in particular technical or trade secrets . failure to comply with this requirement shall render the grantor liable .


### in the light of the results of the evaluation conducted by the commission on the reform of public procurement rules it is appropriate to exclude from the full application of this directive only those services which have a limited cross - border dimension , namely the so - called services to the person such as certain social , health and educational services . these services are provided within a particular context that varies widely amongst member states , due to different cultural traditions . a specific regime should therefore be established for concession for these services which takes into account the fact that they are newly regulated . an obligation to publish a prior information notice and a concession award notice of any concession with a value equal to or greater than thresholds established in this directive is an adequate way to provide information on business opportunities to potential tenderers as well as on the number and type of contracts awarded to all interested parties . furthermore , member states should put in place appropriate measures with reference to the award of concession contracts for these services aimed at ensuring compliance with the principles of transparency and equal treatment of economic operators while allowing contracting authorities and contracting entities to take into account the specificities of the services in question . member states should ensure that contracting authorities and contracting entities may take into account the need to ensure quality , continuity , accessibility , availability and comprehensiveness of the services , the specific needs of different categories of users , the involvement and empowerment of users and innovation . ### services of general interest that address citizens ' basic needs shall be excluded from the application of this directive such as municipal water supply , wastewater treatment and disposal , refuse handling services and services such as social , health and educational services . these services are provided within a particular context that varies widely amongst member states , due to different cultural traditions . a specific regime should therefore be established for concession for these services which takes into account the fact that they are newly regulated . an obligation to publish a prior information notice and a concession award notice of any concession with a value equal to or greater than thresholds established in this directive is an adequate way to ensuring compliance with the principles of transparency while allowing contracting authorities and contracting entities to take into account the specificities of the services in question . member states should ensure that contracting authorities and contracting entities may take into account the need to ensure innovation , quality , continuity , accessibility , availability and comprehensiveness of the services , equal treatment , equality between women and men , minimal climate - impact , the specific needs of different categories of users , the involvement and empowerment of users and innovation .


### to ensure a real opening up of the market and a fair balance in the application of concession award rules in the water , energy , transport and postal services sectors it is necessary for the entities covered to be identified on a basis other than their legal status . it should be ensured , therefore , that the equal treatment of contracting entities operating in the public sector and those operating in the private sector is not prejudiced . it is also necessary to ensure , in keeping with article 345 of the treaty , that the rules governing the system of property ownership in member states are not prejudiced . ### it should be ensured that the equal treatment of contracting entities operating in the public sector and those operating in the private sector is granted . it is also necessary to ensure , in keeping with article 345 of the treaty , that the rules governing the system of property ownership in member states are not prejudiced .


### in the light of the results of the evaluation conducted by the commission on the reform of public procurement rules it is appropriate to exclude from the full application of this directive only those services which have a limited cross - border dimension , namely the so - called services to the person such as certain social , health and educational services . these services are provided within a particular context that varies widely amongst member states , due to different cultural traditions . a specific regime should therefore be established for concession for these services which takes into account the fact that they are newly regulated . an obligation to publish a prior information notice and a concession award notice of any concession with a value equal to or greater than thresholds established in this directive is an adequate way to provide information on business opportunities to potential tenderers as well as on the number and type of contracts awarded to all interested parties . furthermore , member states should put in place appropriate measures with reference to the award of concession contracts for these services aimed at ensuring compliance with the principles of transparency and equal treatment of economic operators while allowing contracting authorities and contracting entities to take into account the specificities of the services in question . member states should ensure that contracting authorities and contracting entities may take into account the need to ensure quality , continuity , accessibility , availability and comprehensiveness of the services , the specific needs of different categories of users , the involvement and empowerment of users and innovation . ### in the light of the results of the evaluation conducted by the commission on the reform of public procurement rules it is appropriate to exclude from the full application of this directive only those services which have a limited cross - border dimension , namely the so - called services to the person such as certain social , health and educational services . these services are provided within a particular context that varies widely amongst member states , due to different cultural traditions . a specific regime should therefore be established for concession for these services which takes into account the fact that they are newly regulated . an obligation to publish a concession award notice for any concession with a value equal to or greater than the thresholds established in this directive is an adequate way to ensure compliance with the principle of transparency while allowing the grantor to take into account the specificities of the services in question . member states should ensure that the grantor may take into account the need to ensure innovation and , in accordance with protocol 26 to the treaty on the functioning of the european union , a high level of quality , safety and affordability , equal treatment and the promotion of universal access and of users’ rights .


### unless otherwise provided in this directive or in the national law concerning access to information , and without prejudice to the obligations relating to the advertising of awarded contracts and to the information to candidates and tenderers set out in articles 27 and 35 of this directive , the contracting authority shall not disclose information forwarded to it by economic operators which they have designated as confidential , including , but not limited to , technical or trade secrets and the confidential aspects of tenders . ### unless otherwise provided in this directive or in the national law concerning access to information , and without prejudice to the obligations relating to the advertising of awarded concession contracts and to the information to candidates and tenderers set out in articles 27 and 35 of this directive , the grantor shall not disclose information forwarded to it by economic operators which they have reasonably designated as confidential , including , but not limited to , technical or trade secrets and the confidential aspects of tenders . failure to comply with this requirement shall render the grantor liable . this article shall not prevent public disclosure of concluded contracts , including any subsequent changes


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


### the choice and application of proportional , non - discriminatory and fair selection criteria to economic operators is crucial for their effective access to the economic opportunities related to concessions . in particular , the possibility for a candidate to rely on the capacities of other entities can be decisive to enable the participation of small and medium sized enterprises . therefore , it is appropriate to provide that the selection criteria should relate exclusively to the technical , financial and economic capacity of operators , should be announced in the concession notice and cannot preclude an economic operator from relying on the capacities of other entities , regardless of the legal nature of its links with those entities , if the latter proves to the contracting authority or entity that it will have at its disposal the necessary resources . ### the choice and application of proportional , non - discriminatory and fair selection criteria to economic operators is crucial for their effective access to the economic opportunities related to concessions . in particular , the possibility for a candidate to rely on the capacities of other entities can be decisive to enable the participation of small and medium sized enterprises . therefore , it is appropriate to provide that the selection criteria should relate exclusively to the professional , technical and financial capacities of candidates , should be announced in the concession notice and cannot preclude a candidate from relying on the capacities of other entities , regardless of the legal nature of its links with those entities , if the latter proves to the grantor that it will have at its disposal the necessary resources .


### the choice and application of proportional , non - discriminatory and fair selection criteria to economic operators is crucial for their effective access to the economic opportunities related to concessions . in particular , the possibility for a candidate to rely on the capacities of other entities can be decisive to enable the participation of small and medium sized enterprises . therefore , it is appropriate to provide that the selection criteria should relate exclusively to the technical , financial and economic capacity of operators , should be announced in the concession notice and cannot preclude an economic operator from relying on the capacities of other entities , regardless of the legal nature of its links with those entities , if the latter proves to the contracting authority or entity that it will have at its disposal the necessary resources . ### the choice and application of proportional , non - discriminatory and fair selection criteria is important . in particular , the possibility for a candidate to rely on the capacities of other entities can be decisive to enable the participation of small and medium sized enterprises . therefore , it is appropriate to provide that the selection criteria should be clearly defined , should be announced in the concession notice and cannot preclude a candidate from relying on the capacities of other entities , regardless of the legal nature of its links with those entities , if the latter proves to the grantor that it will have at its disposal the necessary resources .


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


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


### the posted worker returns or is expected to resume working to the member state from which he / she is posted after completion of the work or the provision of services for which he or she was posted ; ### the posted worker returns to or is expected to resume working in the member state from which he / she is posted , after completion of the work or after the provision of services , for which he / she was posted ;


### in order to facilitate better and more uniform application of directive 96 / 71 / ec , it is appropriate to provide for an electronic information exchange system to facilitate administrative cooperation and competent authorities should use the internal market information system as much as possible . however , this should not prevent the application of bilateral agreements or arrangements concerning administrative cooperation . ### in order to facilitate better and more uniform application of directive 96 / 71 / ec , it is appropriate to provide for an electronic information exchange system to facilitate administrative cooperation and competent authorities should use the internal market information system as much as possible . however , this should be complemented by the application of bilateral agreements or arrangements concerning administrative co - operation , since these established mechanisms of co - operation have proven to be useful .


### furthermore , whilst democracy and human rights objectives must be increasingly mainstreamed in all external assistance financing instruments , union assistance under this regulation will have a specific complementary and additional role by virtue of its global nature and its independence of action from the consent of third country governments and other public authorities . this will allow for cooperation with civil society on sensitive human rights and democracy issues possible , providing the flexibility to respond to changing circumstances . it should also provide union capacity to articulate and support specific objectives and measures at international level which are neither geographically linked nor crisis related and which may require a transnational approach or involve operations both within the union and in a range of third countries . moreover , it will provide the necessary framework for operations , such as support for independent european union election observation missions requiring policy coherence , a unified management system and common operating standards . ### furthermore , whilst democracy and human rights objectives must be increasingly mainstreamed in all external assistance financing instruments , union assistance under this regulation will have a specific complementary and additional role by virtue of its global nature and its independence of action from the consent of third country governments and other public authorities . this will allow for cooperation with civil society on sensitive human rights and democracy issues possible , providing the flexibility to respond to changing circumstances but must in all its measures and actions fully comply with international law , the principles of the un charter and must respect the sovereignty , territorial integrity and the principle of non - intervention in the internal affairs of third states . it should also provide union capacity to articulate and support specific objectives and measures at international level which are neither geographically linked nor crisis related and which may require a transnational approach or involve operations both within the union and in a range of third countries . moreover , it will provide the necessary framework for operations , such as support for independent european union election observation missions requiring policy coherence , a unified management system and common operating standards .


### union assistance under this regulation is designed to complement the various other tools for implementing of union policies on democracy and human rights , which range from political dialogue and diplomatic demarches to various instruments for financial and technical cooperation , including both geographic and thematic programmes . it will also complement the more crisis - related actions under the instrument for stability . ### union assistance under this regulation is designed to complement the various other tools for implementing of union policies on democracy and human rights , which range from political dialogue and diplomatic demarches to various instruments for financial and technical cooperation , including both geographic and thematic programmes .


### articles 78 to 84 , 89 and 90 of regulation no 1907 / 2006 shall apply mutatis mutandis taking into account the role of the agency with respect to this regulation . ### in article 74 , the second paragraph is replaced by the following : articles 77 , 78 to 84 , 86 , 89 and 90 of regulation no 1907 / 2006 shall apply mutatis mutandis , taking into account the role of the agency with respect to this regulation .


### revenue of the agency referred to in article 96 of regulation no 1907 / 2006 shall not be used for carrying out tasks under this regulation . revenue of the agency referred to in paragraph 1 of this article shall not be used for carrying out tasks under regulation no 1907 / 2006 . ### in article 78 , the second subparagraph shall be replaced by the following : ' revenue of the agency referred to in article 96 of regulation no 1907 / 2006 shall not be used for carrying out tasks under this regulation , unless it is for a joint purpose . revenue of the agency referred to in paragraph 1 of this article shall not be used for carrying out tasks under regulation no 1907 / 2006 , unless it is for a joint purpose . '


### promoting social inclusion and combating poverty : investing in health and social infrastructure which contribute to national , regional and local development , reducing inequalities in terms of health status , and transition from institutional to community - based services ; support for physical and economic regeneration of deprived urban and rural communities ; support for social enterprises ; ### promoting social inclusion and combating poverty through : investing in health and social infrastructure which contribute to national , regional and local development , reducing inequalities in terms of health status , promoting social inclusion through improved access to social , cultural and recreational services and the transition from institutional to community - based services ; support for physical , economic and social regeneration of deprived communities in urban and rural areas ; support for social enterprises ; investments undertaken in the context of community - led local development strategies ;


### investing in health and social infrastructure which contribute to national , regional and local development , reducing inequalities in terms of health status , and transition from institutional to community - based services ; ### investing in health , sporting , cultural and social infrastructure which contribute to national , regional and local development , reducing inequalities in terms of health and social status , promoting social inclusion through improved access to social , cultural and recreational services and the transition from institutional to community - based services ;


### exemptions from the substitution requirement should be permitted if substitution is not possible from the scientific and technical point of view , taking specific account of the situation of smes or if the negative environmental , health or socio - economic impacts caused by substitution are likely to outweigh the health , environmental or socio - economic benefits of the substitution or the availability and reliability of substitutes is not ensured . substitution of the hazardous substances in electrical and electronic equipment should also be carried out in a way so as to be compatible with the health and safety of users of electrical and electronic equipment . the placing on the market of medical devices requires a conformity assessment procedure , according to directives 93 / 42 / ec and 98 / 79 / ec , which could require the involvement of a notified body designated by competent authorities of member states . if such a notified body certifies that the safety of the potential substitute for the intended use in medical devices or in vitro medical devices is not demonstrated , this will be viewed as a clear negative socio - economic , health and consumer safety impact . it should be possible to apply for exemptions of equipment coming under the scope of this directive from the date of its entry into force , even when that is before the actual inclusion in the scope of that equipment . ### exemptions from the substitution requirement should be permitted if substitution is not possible from the scientific and technical point of view , taking specific account of the situation of smes or if the negative environmental and health impacts caused by substitution are likely to outweigh the health and environmental benefits of the substitution . substitution of the hazardous substances in electrical and electronic equipment should also be carried out in a way so as to be compatible with the health and safety of users of electrical and electronic equipment . socio - economic considerations should be taken into account when deciding on the duration of an exemption . it should be possible to grant a grace period after expiry of an exemption to allow for regulatory certification or for the supply of safer substitutes to be scaled up to the necessary requirements . the placing on the market of medical devices requires a conformity assessment procedure , according to directives 93 / 42 / ec and 98 / 79 / ec , which could require the involvement of a notified body designated by competent authorities of member states . if such a notified body certifies that the safety of the potential substitute for the intended use in medical devices or in vitro medical devices is not demonstrated , this will be viewed as a clear negative socio - economic , health and consumer safety impact . it should be possible to apply for exemptions of equipment coming under the scope of this directive from the date of its entry into force , even when that is before the actual inclusion in the scope of that equipment .


### the aim of the egf shall be to contribute to economic growth and employment in the union by enabling the union to show solidarity towards workers made redundant as a result of major structural changes in world trade patterns due to globalisation , trade agreements affecting agriculture , or an unexpected crisis , and to provide financial support for their rapid reintegration into employment , or for changing or adjusting their agricultural activities . ### the aim of the egf shall be to contribute to economic growth and development , employment and social inclusion in the union by enabling the union to show solidarity towards workers made redundant , or people considered to have been made redundant for the purposes of this regulation , as a result of major structural changes in world trade patterns due to globalisation or an unexpected crisis , and to provide financial support for their rapid reintegration into stable , sustainable and quality employment , or for changing or adjusting their activities .


### ‘ a worker’ means owner - managers of micro , small and medium - sized enterprises and self - employed workers and all members of the household active in the business , provided that , if farmers , they were already producing the output affected by the relevant trade agreement before the measures concerning the specific sector were implemented . ### ‘ a worker’ means owner - managers of micro , small and medium - sized enterprises and self - employed workers and all members of the household active in the business .


### by 1 august of every second year , and for the first time in 2015 , the commission shall present to the european parliament and to the council a quantitative and qualitative report on the activities under this regulation and regulation 1927 / 2006 in the previous two years . the report shall focus mainly on the results achieved by the egf and shall in particular contain information relating to applications submitted , decisions adopted , actions funded , including their complementarity with actions funded by other union funds , notably the european social fund and the european agricultural fund for rural development , and the winding - up of financial contributions made . it should also document those applications that have been rejected or reduced owing to a lack of sufficient appropriations or to non - eligibility . ### by 1 august of every second year , and for the first time in 2015 , the commission shall present to the european parliament and to the council a quantitative and qualitative report on the activities under this regulation and regulation 1927 / 2006 in the previous two years and compare to data from the egf ' s inception . the report shall focus mainly on the results achieved by the egf and shall in particular contain information relating to applications submitted , decisions adopted , actions funded , including their complementarity with actions funded by other union funds , notably the european social fund , and the winding - up of financial contributions made . it should also document those applications that have been rejected or reduced owing to a lack of sufficient appropriations or to non - eligibility .


### financial contributions from the egf should be primarily directed at active labour market measures aimed at reintegrating redundant workers rapidly into employment , either within or outside their initial sector of activity , including the agricultural sector . the inclusion of pecuniary allowances in a coordinated package of personalised services should therefore be restricted . ### financial contributions from the egf should be primarily directed at active labour market measures aimed at reintegrating redundant workers rapidly into stable employment with rights , either within or outside their initial sector of activity . the inclusion of pecuniary allowances in a coordinated package of personalised services should therefore be restricted .


### no later than 15 months after the date of the application pursuant to article 8 or by the date laid down in the delegated act taken in accordance with article 4 the member state shall present an interim report to the commission on the implementation of the financial contribution , including on the funding , timing and type of actions already carried out and on the rate of reintegration into employment or new activities achieved 12 months after the date of the application . ### no later than 18 months after the date of the application pursuant to article 8 the member state shall present an interim report to the commission on the implementation of the financial contribution , including on the funding , timing and type of actions already carried out and on the rate of reintegration into employment or new activities achieved 15 months after the date of the application .


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


### the commission ' s technical assistance shall include the provision of information and guidance to the member states for using , monitoring and evaluating the egf . the commission may also provide information on using the egf to the european and national social partners . ### the commission ' s technical assistance shall include the provision of information and guidance to the member states for using , monitoring and evaluating the egf . the commission shall also provide clear guidelines on using the egf to the european and national social partners and local and regional authorities .


### the procedures followed for consulting the social partners or other relevant organisations as applicable ; ### the procedures followed for consulting the workers concerned or their representatives , the social partners , local and regional authorities or other relevant organisations as applicable ;


### a reasoned analysis of the link between the redundancies and the major structural changes in world trade patterns , or the serious disruption of the local , regional or national economy caused by an unexpected crisis , or the new market situation in the agricultural sector in the member state and resulting from the effects of a trade agreement initialled by the european union in accordance with article xxiv of the gatt or a multilateral agreement initialled within the world trade organisation as per article 2 . this analysis shall be based on statistical and other information at the most appropriate level to demonstrate the fulfilment of the intervention criteria set out in article 4 ; ### a reasoned analysis of the link between the redundancies and the major structural changes in world trade patterns , or the serious disruption of the local , regional or national economy caused by an unexpected crisis . this analysis shall be based on statistical and other information at the most appropriate level to demonstrate the fulfilment of the intervention criteria set out in article 4 ;


### in order to cover the needs arising during the final months of each year , it is necessary to ensure that at least one quarter of the annual maximum amount of the egf remains available on 1 september . financial contributions made during the remainder of the year should be allocated taking into account the overall ceiling laid down for support to farmers in the multiannual financial framework . ### in order to cover the needs arising during the final months of each year , it is necessary to ensure that at least one quarter of the annual maximum amount of the egf remains available on 1 september .


### expenditure shall be eligible for a financial contribution from the dates set out in article 8 on which the member state starts the personalised services to the targeted workers or the administrative expenditure to implement the egf in accordance with article 7 and respectively . in the case of farmers , expenditure shall be eligible for a contribution from the date set in the delegated act taken in accordance with article 4 . ### expenditure shall be eligible for a financial contribution from the dates set out in article 8 on which the member state starts the personalised services to the targeted workers or the administrative expenditure to implement the egf in accordance with article 7 and respectively .


### the member state shall submit a complete application to the commission within a period of 12 weeks from the date on which the criteria set in article 4 or are met or , where applicable , before the deadline set by the commission in accordance with article 4 . in exceptional and duly justified circumstances the application may be supplemented with additional information by the applicant member state within six months from the date of application , following which the commission shall assess the application on the basis of the available information . the commission shall complete its assessment of the application within twelve weeks of the date of receipt of a complete application or six months after the date of the initial application , whichever is the earlier . ### the member state shall submit a complete application to the commission within a period of 12 weeks from the date on which the criteria set in article 4 or are met . in exceptional and duly justified circumstances the application may be supplemented with additional information by the applicant member state within five months from the date of application , following which the commission shall assess the application on the basis of the available information . the commission shall complete its assessment of the application within twelve weeks of the date of receipt of a complete application or five months after the date of the initial application , whichever is the earlier .


### a financial contribution may be made for active labour market measures that form part of a coordinated package of personalised services , designed to facilitate the re - integration of the targeted redundant workers into employment or self - employment or , in the case of farmers , to change or adjust their previous activities . the coordinated package of personalised services may include in particular : ### a financial contribution may be made for active labour market measures that form part of a coordinated package of personalised services , designed to facilitate the re - integration of the targeted redundant workers into employment or self - employment . the coordinated package of personalised services may include in particular :


### for owner - managers of micro , small and medium - sized enterprises and self - employed workers , the redundancy shall be counted either from the date of cessation of the activities caused by any of the conditions set out in article 2 , and determined in accordance with national law or administrative provisions , or from the date specified by the commission in the delegated act adopted in accordance with the article 4 . ### for owner - managers of micro , small and medium - sized enterprises and self - employed workers , the redundancy shall be counted either from the date of cessation or change of the activities caused by any of the conditions set out in article 2 , and determined in accordance with national law or administrative provisions .


### in order to ensure that the union’s expression of solidarity with workers is not hampered by a lack of member state co - funding resources , the co - funding rate should be modulated , with a maximum 50 % contribution to the cost of the package and its implementation as the norm , and the possibility to raise this rate to up to 65 % in the case of applications submitted by those member states on the territory of which at least one region at nuts ii level is eligible under the ' convergence ' objective of the structural funds . ### in order to ensure that the union’s expression of solidarity with workers is not hampered by a lack of member state co - funding resources , the co - funding rate should be up to 65 % .


### in order to maintain the european nature of the egf , an application for support should be triggered when the number of redundancies reaches a minimum threshold . in small labour markets , such as small member states or remote regions , and in exceptional circumstances , applications may be submitted for a lower number of redundancies . as regards farmers , the necessary criteria should be determined by the commission in relation to the consequences of each trade agreement . ### in order to maintain the european nature of the egf , an application for support should be triggered when the number of redundancies reaches a minimum threshold . in small labour markets , such as small member states or remote regions , and in exceptional circumstances , applications may be submitted for a lower number of redundancies .


### in order to ensure that the union’s expression of solidarity with workers is not hampered by a lack of member state co - funding resources , the co - funding rate should be modulated , with a maximum 50 % contribution to the cost of the package and its implementation as the norm , and the possibility to raise this rate to up to 65 % in the case of applications submitted by those member states on the territory of which at least one region at nuts ii level is eligible under the ‘ convergence’ objective of the structural funds . ### in order to ensure that the union’s expression of solidarity with workers is not hampered by a lack of member state co - funding resources , the co - funding rate should be modulated , with a maximum 50 % contribution to the cost of the package and its implementation as the norm , and the possibility to raise this rate to up to 95 % in the case of applications submitted by those member states on the territory of which at least one region at nuts ii level is eligible under the ‘ convergence’ objective of the structural funds and by member states experiencing an exponential increase in unemployment rates .


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


### the commission ' s technical assistance shall include the provision of information and guidance to the member states for using , monitoring and evaluating the egf . the commission may also provide information on using the egf to the european and national social partners . ### the commission ' s technical assistance shall include the provision of information and guidance to the member states for using , monitoring and evaluating the egf . the commission shall also provide information on using the egf to the european and national social partners .


### by 1 august of every second year , and for the first time in 2015 , the commission shall present to the european parliament and to the council a quantitative and qualitative report on the activities under this regulation and regulation 1927 / 2006 in the previous two years . the report shall focus mainly on the results achieved by the egf and shall in particular contain information relating to applications submitted , decisions adopted , actions funded , including their complementarity with actions funded by other union funds , notably the european social fund and the european agricultural fund for rural development , and the winding - up of financial contributions made . it should also document those applications that have been rejected or reduced owing to a lack of sufficient appropriations or to non - eligibility . ### by 2015 , the commission shall present to the european parliament and to the council a quantitative and qualitative report on the activities under this regulation and regulation 1927 / 2006 in the previous two years . the report shall focus mainly on the results achieved by the egf and shall in particular contain information relating to applications submitted , decisions adopted , actions funded , the percentage of workers reinserted into work per member state , including their complementarity with actions funded by other union funds , notably the european social fund , and the winding - up of financial contributions made . it should also document those applications that have been rejected or reduced owing to a lack of sufficient appropriations or to non - eligibility .


### all workers being made redundant in accordance with article 5 , within the period provided for in article 4 , or , ### all workers being made redundant in accordance with article 5 , within the period provided for in article 4 or ,


### the aim of the egf shall be to contribute to economic growth and employment in the union by enabling the union to show solidarity towards workers made redundant as a result of major structural changes in world trade patterns due to globalisation , trade agreements affecting agriculture , or an unexpected crisis , and to provide financial support for their rapid reintegration into employment , or for changing or adjusting their agricultural activities . ### the aim of the egf shall be to contribute to economic growth and development , employment and social inclusion in the union by enabling the union to show solidarity towards workers made redundant , or people considered to have been made redundant for the purposes of this regulation , as a result of major structural changes in world trade patterns due to globalisation or an unexpected crisis , and to provide financial support for their rapid reintegration into stable , sustainable and quality employment , or for changing or adjusting their activities .


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


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


### to strengthen the financial capacity of the cultural and creative sectors , and in particular small and medium - sized enterprises and organisations ; ### to strengthen the financial capacity of the cultural and creative sectors , and in particular small and medium - sized enterprises and organisations , particularly organisations from the public and non - commercial sectors ;


### to strengthen the competitiveness of the cultural and creative sectors with a view to promoting smart , sustainable and inclusive growth . ### to strengthen the cultural and creative sectors in their entirety in order to participate in european social and economic development and promote smart , sustainable and inclusive growth .


### “ strengthening the capacity of law enforcement and judicial and civil authorities involved in the fight against terrorism and organised crime , including illicit trafficking of people , drugs , firearms , small arms and light weapons , explosive materials and in the effective control of illegal trade and transit . ” ### “ strengthening the capacity of law enforcement and judicial and civil authorities involved in the fight against terrorism and organised crime , including illicit trafficking of people , drugs , firearms , small arms and light weapons , explosive materials and in the effective control of illegal trade and transit . measures adopted in this area shall be restricted to civil crisis management and mediation support , and must never be combined with military interventions . ”


### member states shall set a national energy efficiency target expressed as an absolute level of primary energy consumption in 2020 . when setting these targets , they shall take into account the union ' s target of 20 % energy savings , the measures provided for in this directive , the measures adopted to reach the national energy saving targets adopted pursuant to article 4 of directive 2006 / 32 / ec and other measures to promote energy efficiency within member states and at union level . ### each member state shall ensure that its national absolute level of primary energy consumption in 2020 is at least below its target as set out in annex - 1 . such mandatory national targets are consistent with the union ' s target of at least 20 % energy savings referred to in article 1 which limit eu primary energy consumption to maximum 1353 , 50 mtoe in 2020 , representing 80% of the energy consumption in 2007 .


### by 30 june 2014 , the commission shall assess whether the union is likely to achieve its target of 20 % primary energy savings by 2020 , requiring a reduction of eu primary energy consumption of 368 mtoe in 2020 , taking into account the sum of the national targets referred to in paragraph 1 and the evaluation referred to in article 19 . ### member states shall introduce measures to ensure that their primary energy consumption equals or is below an annual linear trajectory to the 2020 target in annex - 1 .


### this directive establishes a common framework for the promotion of energy efficiency within the union in order to ensure the achievement of the union ' s target of 20% primary energy savings by 2020 and to pave the way for further energy efficiency improvements beyond that date . ### this directive establishes a common framework for the promotion of energy efficiency within the union in order to ensure the achievement of at least the union ' s target of 20% primary energy savings by 2020 compared to 2007 and to pave the way for further energy efficiency improvements beyond that date .


### for the purpose of implementing , applying and enforcing directive 96 / 71 / ec the competent authorities shall take into account factual elements characterising the activities carried out by an undertaking in the state in which it is established in order to determine whether it genuinely performs substantial activities , other than purely internal management and / or administrative activities . such elements may include : ### for the purpose of implementing , applying and enforcing directive 96 / 71 / ec the competent authorities shall take into account factual elements characterising the activities carried out by an undertaking in the state in which it is established and in the host member state in order to determine whether it genuinely performs substantial activities . purely internal management and / or administrative activities in the member state of establishment or purely staffing activities in the host member state preclude posting . such elements shall include at least :


### the posting takes place to a member state other than the one in or from which the posted worker habitually carries out his or her work according to regulation no 593 / 2008 and / or the rome convention ; ### the posting takes place to a member state other than the one in or from which the posted worker habitually carries out his or her work ;


### member states shall ensure that the necessary mechanisms are in place to ensure that posted workers are able to receive ### member states shall ensure that the necessary mechanisms are in place to ensure that posted workers are able to receive at least the following :


### indicate , if possible , a contact person at the liaison office in charge of dealing with requests for information ; ### indicate a contact person at the liaison office in charge of dealing with requests for information ;


### the requesting authority may , in accordance with the laws , regulations and administrative practices in force in its own member state , request the competent authority in another member state to recover a penalty or fine or notify a decision imposing a penalty or a fine , in so far as the relevant laws , regulations and administrative practices in force in the requested authority’s member state allow such action for similar claims or decisions . ### the requesting authority may , in accordance with the laws , regulations and administrative practices in force in its own member state , request the competent authority in another member state to recover a penalty or fine or retroactive social security contributions or notify a decision imposing a penalty or a fine or retroactive social security contributions , in so far as the relevant laws , regulations and administrative practices in force in the requested authority’s member state allow such action for similar claims or decisions .


### the member state of establishment of the service provider shall continue to control , monitor and take the necessary supervisory or enforcement measures , in accordance with its national law , practice and administrative procedures , with respect to workers posted to another member state . ### in accordance with article 5 of directive 96 / 71 / ec , the host member state shall control , monitor and take the necessary supervisory and enforcement measures , in accordance with its national law and / or practice and administrative procedures , with respect to workers posted to its territory . in accordance with the principles established in articles 4 and 5 of directive 96 / 71 / ec , the member state of establishment of the service provider shall also continue to control , monitor and take the necessary supervisory or enforcement measures , in accordance with its national law , practice and administrative procedures . to improve enforcement it shall support the competent authority of the host member state by providing without delay information on whether posting undertakings fulfil the minimum criteria outlined in article 3 of this directive and in directive 96 / 71 / ec and whether they are entitled to post workers . member states which learn that employees in their country are being recruited by service - providers solely for the purpose of immediately posting them to a third member state may not support these activities but must inform the competent authorities in the host member state .


### in order to ensure the correct application of , and to monitor compliance with , the substantive rules on the terms and conditions of employment to be respected with regard to posted workers , member states should apply only certain control measures or administrative formalities to undertakings posting workers for the provision of services . such measures and requirements may only be imposed provided that the competent authorities cannot carry out their supervisory task effectively without the requested information and the necessary information cannot be obtained easily from the employer of posted workers or the authorities in the member state of establishment of the service provider within a reasonable delay and / or less restrictive measures would not ensure that the objectives of the national controls measures deemed necessary are attained . ### in order to ensure the correct application of , and to monitor compliance with , the substantive rules on the terms and conditions of employment to be respected with regard to posted workers , member states should apply to undertakings posting workers for the provision of services all control measures or administrative formalities judged to be effective and necessary for this purpose .


### member states shall ensure that trade unions and other third parties , such as associations , organisations and other legal entities which have , in accordance with the criteria laid down by their national law , a legitimate interest in ensuring that the provisions of this directive are complied with , may engage , on behalf or in support of the posted workers or their employer , with their approval in any judicial or administrative proceedings provided for with the objective of implementing this directive and / or enforcing the obligations under this directive . ### member states shall ensure that trade unions and other third parties , such as associations , organisations and other legal entities which have , in accordance with the criteria laid down by their national law , a legitimate interest in ensuring that the provisions of this directive and directive 96 / 71 / ec are complied with , may engage , on behalf or in support of the posted workers or their employer , with their approval in any judicial or administrative proceedings provided for with the objective of implementing this directive and / or enforcing the obligations under this directive .


### for the purpose of implementing , applying and enforcing directive 96 / 71 / ec the competent authorities shall take into account factual elements characterising the activities carried out by an undertaking in the state in which it is established in order to determine whether it genuinely performs substantial activities , other than purely internal management and / or administrative activities . such elements may include : ### for the purpose of implementing , applying and enforcing directive 96 / 71 / ec the competent authorities shall take into account factual elements characterising the activities carried out by an undertaking in the state in which it is established and in the host member state in order to determine whether it genuinely performs substantial activities other than purely internal management and / or administrative activities . purely internal management and / or administrative activities in the member state of establishment or purely staffing activities in the host member state preclude posting . such elements shall include at least :


### in member states where , in accordance with national law and practice , the setting of the terms and conditions of employment of posted workers referred to in article 3 of directive 96 / 71 / ec , and in particular the minimum rates of pay , including working time , is left to management and labour they may , at the appropriate level and subject to the conditions laid down by the member states , also the monitor the application of the relevant terms and conditions of employment of posted workers , provided that an adequate level of protection equivalent to that resulting from directive 96 / 71 / ec and this directive is guaranteed . ### in member states where , in accordance with national law and practice , the setting of the terms and conditions of employment of posted workers referred to in article 3 of directive 96 / 71 / ec , and in particular the minimum rates of pay , including working time , is left to management and labour they may , at the appropriate level and subject to the conditions laid down by the member states , monitor the application of the relevant terms and conditions of employment of posted workers .


### member states shall ensure that appropriate checks and monitoring mechanisms are put in place and that effective and adequate inspections are carried out on their territory in order to control and monitor compliance with the provisions and rules laid down in directive 96 / 71 / ec and to guarantee its proper application and enforcement . such inspections shall be based primarily on a risk assessment to be drawn up regularly by the competent authorities . the risk assessment shall identify the sectors of activity in which the employment of workers posted for the provision of services is concentrated on their territory . when making such risk assessment the realisation of big infrastructural projects , the special problems and needs of specific sectors , the past record of infringement , as well as the vulnerability of certain groups of workers shall be taken into account . ### member states shall ensure that effective checks and monitoring mechanisms are put in place and that effective and adequate inspections are carried out on their territory in order to control and monitor compliance with the provisions and rules laid down in directive 96 / 71 / ec and in this directive and to guarantee its proper application and enforcement . such inspections shall be based primarily on a risk assessment to be drawn up regularly by the competent authorities . the risk assessment shall identify the sectors of activity in which the employment of workers posted for the provision of services is concentrated on their territory . when making such risk assessment the realisation of big infrastructural projects , the special problems and needs of specific sectors , the past record of infringement , as well as the vulnerability of certain groups of workers shall be taken into account .


### member states obligations to make information on terms and conditions of employment generally available and to provide effective access to it , not only to service providers from other member states , but also to the posted workers concerned , should be further concretised . ### member states obligations to make information on terms and conditions of employment generally available free of charge and to provide effective access to it , not only to service providers from other member states , but also to the posted workers concerned , should be further concretised . posted workers are in their own right entitled to information and advice on the applicable terms and conditions of employment . it is the responsibility of the member states to create the necessary bodies which may be consulted by posted workers .


### member states obligations to make information on terms and conditions of employment generally available and to provide effective access to it , not only to service providers from other member states , but also to the posted workers concerned , should be further concretised . ### member states obligations to make information on terms and conditions of employment generally available free of charge and to provide effective access to it , not only to service providers from other member states , but also to the posted workers concerned , should be further concretised .


### the requested authority shall promptly inform the requesting authority of the action taken on its request for notification or recovery and , more specifically , of the date on which the instrument or decision was forwarded or notified to the addressee . ### the requested authority shall promptly inform the requesting authority of the action taken on its request for information , notification or recovery and , more specifically , of the date on which the instrument or decision was forwarded or notified to the addressee . the same shall apply if there are substantial obstacles to the request being successfully processed .


### no later than 5 years after the expiry of the deadline for transposition , the commission shall report to the european parliament , the council and the european economic and social committee on the implementation of this directive , making appropriate proposals where necessary . ### no later than 5 years after the expiry of the deadline for transposition , the commission shall report to the european parliament , the council and the european economic and social committee on the implementation of this directive . in the event that these reports do not show any significant improvement in the situation of posted workers , directive 96 / 71 / ec shall be amended one year after the end of the reporting period referred to in paragraph 1 , to the effect that equal pay rather than only minimum rates of pay , and all collective agreements rather than only generally applicable collective agreements , shall apply for the purposes of article , second indent in conjunction with point in conjunction with paragraph 8 , where the remaining conditions are met . posted workers shall be placed on an equal footing with non - posted workers in the host member state in relation to the payment of wages , salaries and additional elements of remuneration , annual leave and other working conditions .


### the place where the undertaking has its registered office and administration , uses office space , pays taxes , has a professional licence or is registered with the chambers of commerce or professional bodies , ### the member state of establishment is the place where the undertaking performs the bulk of its business activity , where most of its customer contracts are carried out and where it has its registered office and administration , uses office space , pays taxes and social security contributions , has a professional licence or is registered with the chambers of commerce or professional bodies ,


### the posted worker returns or is expected to resume working to the member state from which he / she is posted after completion of the work or the provision of services for which he or she was posted ; ### the worker is posted from the member state in which he is normally employed and the employment contract does not apply solely to the posting ;


### for the purpose of recovery of a penalty or fine or notification of a decision imposing a penalty or fine in the requested member state , any fine or penalty in respect of which a request for recovery or notification has been made shall be treated as if it were a fine or penalty of the requested member state . ### for the purpose of recovery of a penalty , fine or retroactive payment of social security contributions or notification of a decision imposing a penalty , fine or retroactive payment of social security contributions in the requested member state , any fine , penalty or retroactive payment of social security contributions in respect of which a request for recovery or notification has been made shall be treated as if it were a fine or penalty of the requested member state .


### member states shall ensure that the procedures and formalities relating to the posting of workers can be completed easily by undertakings , at a distance and by electronic means as far as possible . ### member states shall ensure that the procedures and formalities relating to the posting of workers can be completed by undertakings , at a distance and by electronic means as far as possible .


### integrating cross - border labour markets , including cross - border mobility , joint local employment initiatives and joint training ; ### integrating cross - border labour markets , joint local employment initiatives and joint training ;


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


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


### the rules on flexibility concerning the location of operations out side the programme area should be simplified . in addition , it is necessary to support effective cross - border , transnational and interregional cooperation with the union ' s neighbouring third countries where this is necessary to ensure that the regions of the member states which border third countries can be effectively assisted in their development . accordingly , it is appropriate to authorise on an exceptional basis and under certain conditions the financing of assistance from the erdf for operations located on the territory of third countries where the operations are for the benefit of the regions of the union . ### the rules on flexibility concerning the location of operations out side the programme area should be simplified . in addition , it is necessary to support and facilitate , through specific arrangements , effective cross - border , transnational and interregional cooperation with the union ' s neighbouring third countries where this is necessary to ensure that the regions of the member states which border third countries or which are in the same sea - basin as the eu regions covered by article 349 of the tfeu , can be effectively assisted in their development . accordingly , it is appropriate to authorise on an exceptional basis and under certain conditions the financing of assistance from the erdf for operations located on the territory of third countries where the operations are for the benefit of the regions of the union .


### a single audit authority should be responsible for carrying out all functions listed in article 116 of regulation no [ … ] / 2012 [ cpr ] in order to ensure uniform standards across the whole programme area . where this is not possible , a group of auditors should be able to assist the programme audit authority . ### a single audit authority should be responsible for carrying out all functions listed in article 116 of regulation no [ … ] / 2012 [ cpr ] in order to ensure uniform standards across the whole programme area . where this is not possible , a group of auditors or specific arrangements in the event of cooperation between the regions covered by article 349 of the tfeu and third countries , should be able to assist the programme audit authority


### a description of the corresponding national scheme for each type of material deprivation addressed ; ### a description of the corresponding national scheme for each type of food and / or material deprivation addressed ;


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


### a description of the mechanism setting the eligibility criteria for the most deprived persons , differentiated if necessary by type of material deprivation addressed ; ### a description of the criteria for selecting partner organisations , taking into account the imperative requirement that the partner organisations should distribute food products to the most deprived , either directly or via other partner organisations ;


### operations shall not be selected for support by the operational programme where they have been physically completed or fully implemented before the application for funding under the operational programme is submitted by the beneficiary to the managing authority , irrespective of whether all related payments have been made by the beneficiary . ### operations shall not be selected for support by the operational programme where they have been physically completed or fully implemented before the application for funding under the operational programme is submitted by the beneficiary to the competent authority , irrespective of whether all related payments have been made by the beneficiary .


### the first application for interim payment shall not be made before the notification to the commission of the designation of the managing authority and the certifying authority in accordance to article 32 . ### the first application for interim payment shall not be made before the notification to the commission of the designation of the competent authorities .


### in processing personal data pursuant to this article , the managing authority as well as the beneficiaries and partner organisations shall comply with directive 95 / 46 / ec . ### in processing personal data pursuant to this article , the competent authority as well as the beneficiaries and partner organisations shall abide by all confidential data protection rules so as to avoid any stigmatisation and comply with directive 95 / 46 / ec .


### ' beneficiary ' means a public or private body responsible for initiating or initiating and implementing operations ; ### ‘ beneficiary’ means a public body or a not - for - profit organisation responsible for initiating or initiating and implementing operations ;


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