### national coordination centres should be selected by member states . in addition to the necessary administrative capacity , centres should either possess or have direct access to cybersecurity technological expertise in cybersecurity , notably in domains such as cryptography , ict security services , intrusion detection , system security , network security , software and application security , or human and societal aspects of security and privacy . they should also have the capacity to effectively engage and coordinate with the industry , the public sector , including authorities designated pursuant to the directive 2016 / 1148 of the european parliament and of the council23 , and the research community . _________________ 23 directive 2016 / 1148 of the european parliament and of the council of 6 july 2016 concerning measures for a high common level of security of network and information systems across the union . ### national coordination centres should be selected by member states . in addition to the necessary administrative capacity , centres should either possess or have direct access to cybersecurity technological expertise in cybersecurity , notably in domains such as cryptography , ict security services , intrusion detection , system security , network security , software and application security , or human , ethical and societal aspects of security and privacy . they should also have the capacity to effectively engage and coordinate with the industry , the public sector , including authorities designated pursuant to the directive 2016 / 1148 of the european parliament and of the council23 , and the research community . _________________ 23 directive 2016 / 1148 of the european parliament and of the council of 6 july 2016 concerning measures for a high common level of security of network and information systems across the union .


### whereas the competence centre and the network should strive to achieve synergies between the cybersecurity civilian and defence spheres , projects financed by the horizon europe programme will be implemented in line with regulation xxx [ horizon europe regulation ] , which provides that research and innovation activities carried out under horizon europe shall have a focus on civil applications . ### projects financed by the horizon europe programme will be implemented in line with regulation xxx [ horizon europe regulation ] , which provides that research and innovation activities carried out under horizon europe shall have a focus on civil applications .


### the competence centre should have in place rules regarding the prevention and the management of conflict of interest . the competence centre should also apply the relevant union provisions concerning public access to documents as set out in regulation no 1049 / 2001 of the european parliament and of the council24 . processing of personal data by the competence centre will be subject to regulation no xxx / 2018 of the european parliament and of the council . the competence centre should comply with the provisions applicable to the union institutions , and with national legislation regarding the handling of information , in particular sensitive non classified information and eu classified information . _________________ 24 regulation no 1049 / 2001 of the european parliament and of the council of 30 may 2001 regarding public access to european parliament , council and commission documents . ### the competence centre should have in place rules regarding the prevention , identification and resolution of conflicts of interest in respect of its members , bodies and staff , the governing board , as well as the scientific and industrial advisory board , and the community . member states should ensure the prevention , identification , and resolution of conflicts of interest in respect of the national coordination centres . the competence centre should also apply the relevant union provisions concerning public access to documents as set out in regulation no 1049 / 2001 of the european parliament and of the council24 . processing of personal data by the competence centre will be subject to regulation no xxx / 2018 of the european parliament and of the council . the competence centre should comply with the provisions applicable to the union institutions , and with national legislation regarding the handling of information , in particular sensitive non classified information and eu classified information . _________________ 24 regulation no 1049 / 2001 of the european parliament and of the council of 30 may 2001 regarding public access to european parliament , council and commission documents .


### the competence centre should operate in an open and transparent way providing all relevant information in a timely manner as well as promoting its activities , including information and dissemination activities to the wider public . the rules of procedure of the bodies of the competence centre should be made publicly available . ### the competence centre should operate in an open and transparent way comprehensively providing information in a timely manner as well as promoting its activities , including information and dissemination activities to the wider public . it should provide the public and any interested parties with a list of the cybersecurity competence community members and should make public the declarations of interest made by them in accordance with article 42 . the rules of procedure of the bodies of the competence centre should be made publicly available .


### ' cybersecurity products and solutions ' means ict products , services or process with the specific purpose of protecting network and information systems , their users and affected persons from cyber threats ; ### ' products and processes ' means commercial and non - commercial ict products , services or processes with the specific purpose of protecting network and information systems , their users and other persons from cybersecurity threats , including free and open source software products , services or processes ;


### ' public authority ' means any government or other public administration , including public advisory bodies , at national , regional or local level or any natural or legal person performing public administrative functions under national law , including specific duties ; ### ' public authority ' means any government or other public administration , including public advisory bodies , at national , regional or local level or any natural or legal person performing public administrative functions under union and national law , including specific duties ;


### retain and develop the cybersecurity technological and industrial capacities necessary to secure its digital single market ; ### develop the civilian cybersecurity technological , industrial , societal , academic and research capacities and capabilities ;


### increase the competitiveness of the union ' s cybersecurity industry and turn cybersecurity into competitive advantage of other union industries . ### increase the competitiveness of the union ' s civilian cybersecurity industry and turn cybersecurity into a competitive advantage of other union industries .


### facilitate and help coordinate the work of the national coordination centres network referred to in article 6 and the cybersecurity competence community referred to in article 8 ; ### create , manage , and facilitate the national coordination centres network referred to in article 6 and the cybersecurity competence community referred to in article 8 ;


### enhance cybersecurity capabilities , knowledge and infrastructures at the service of industries , the public sector and research communities , by carrying out the following tasks : ### enhance cybersecurity resilience , capabilities , knowledge and infrastructures at the service of society , industries , the public sector and research communities , by carrying out the following tasks , having regard to the state - of - the - art cybersecurity industrial and research infrastructures and related services :


### having regard to the state - of - the - art cybersecurity industrial and research infrastructures and related services , acquiring , upgrading , operating and making available such infrastructures and related services to a wide range of users across the union from industry including smes , the public sector and the research and scientific community ; ### acquiring , upgrading , operating and making available own facilities and related services to a wide range of users and stakeholders ;


### having regard to the state - of - the - art cybersecurity industrial and research infrastructures and related services , providing support to other entities , including financially , to acquiring , upgrading , operating and making available such infrastructures and related services to a wide range of users across the union from industry including smes , the public sector and the research and scientific community ; ### providing support to other entities , including financially , to acquiring , upgrading , operating and making available such facilities and related services to a wide range of users and stakeholders ;


### providing cybersecurity knowledge and technical assistance to industry and public authorities , in particular by supporting actions aimed at facilitating access to the expertise available in the network and the cybersecurity competence community ; ### facilitating the sharing of cybersecurity knowledge and technical assistance among others to civil society , the industry , public authorities , and the academic and research community , in particular by supporting actions aimed at facilitating access to the expertise available in the network and the cybersecurity competence community ;


### stimulating cybersecurity research , development and the uptake of union cybersecurity products and solutions by public authorities and user industries ; ### stimulating cybersecurity research , development and the uptake of union cybersecurity products and solutions , including by public authorities and industry ;


### assisting public authorities , demand side industries and other users in adopting and integrating the latest cyber security solutions ; ### assisting public authorities , demand side industries and other users in adopting and integrating commonly used , state - of - the - art cybersecurity products and solutions ;


### supporting in particular public authorities in organising their public procurement , or carrying out procurement of state - of - the - art cybersecurity products and solutions on behalf of public authorities ; ### supporting in particular public authorities in organising their public procurement , or carrying out procurement of state - of - the - art cybersecurity products and solutions on behalf of public authorities , including by providing support for sustainable procurement ;


### providing financial support and technical assistance to cybersecurity start - ups and smes to connect to potential markets and to attract investment ; ### providing financial support and technical assistance to cybersecurity start - ups , smes , micro - enterprises , individual experts , commonly used free and open source software projects , and civic tech projects , to connect to potential markets , deployment opportunities , and to attract investment ;


### improve the understanding of cybersecurity and contribute to reducing skills gaps in the union related to cybersecurity by carrying out the following tasks : ### improve the understanding of cybersecurity , contribute to reducing skills gaps and strengthening the level of skills in the union related to cybersecurity by carrying out the following tasks :


### supporting further development of cybersecurity skills , where appropriate together with relevant eu agencies and bodies including enisa . ### supporting further development of cybersecurity processes , skills , and competences ; facilitating a common high level of cybersecurity knowledge ; and contributing to the resilience of users and infrastructures in the union in coordination with relevant eu agencies and bodies including enisa , as well as the network .


### providing financial support to cybersecurity research efforts based on a common , continuously evaluated and improved multiannual strategic , industrial , technology and research agenda ; ### providing financial support to cybersecurity research efforts based on a common , continuously evaluated and improved multiannual strategic , industrial , technology and research plan ;


### support large - scale research and demonstration projects in next generation cybersecurity technological capabilities , in collaboration with the industry and the network ; ### supporting large - scale research and demonstration projects in next generation cybersecurity technological capabilities , in collaboration with the industry , the network , and the community ;


### support research and innovation for standardisation in cybersecurity technology ### supporting research and innovation for formal and non - formal standardisation in cybersecurity , where appropriate in close cooperation with the european standardisation organisations ;


### the relationship between the competence centre and the national coordination centres shall be based on a contractual agreement signed between the competence centre and each of the national coordination centres . the agreement shall provide for the rules governing the relationship and division of tasks between the competence centre and each national coordination centre . ### the relationship between the competence centre and the national coordination centres shall be based on a contractual agreement signed between the competence centre and each of the national coordination centres . the agreement shall consist of the same set of general conditions providing the rules governing the relationship and division of tasks between the competence centre and each national coordination centre and special conditions tailored on the particular national coordination centre .


### supporting the competence centre in achieving its objectives and in particular in coordinating the cybersecurity competence community ; ### supporting the competence centre in achieving its objectives and in particular in establishing and coordinating the cybersecurity competence community ;


### seeking to establish synergies with relevant activities at the national and regional level ; ### seeking to establish synergies with relevant activities at the national , regional and local level ;


### assessing requests by entities established in the same member state as the coordination centre for becoming part of the cybersecurity competence community . ### assessing requests by entities and individuals established in the same member state as the coordination centre for becoming part of the cybersecurity competence community .


### the cybersecurity competence community shall contribute to the mission of the competence centre as laid down in article 3 and enhance and disseminate cybersecurity expertise across the union . ### the cybersecurity competence community contributes to the mission of the competence centre as laid down in article 3 and enhances and disseminates cybersecurity expertise across the union and provides technical expertise .


### the cybersecurity competence community shall consist of industry , academic and non - profit research organisations , and associations as well as public entities and other entities dealing with operational and technical matters . it shall bring together the main stakeholders with regard to cybersecurity technological and industrial capacities in the union . it shall involve national coordination centres as well as union institutions and bodies with relevant expertise . . ### the cybersecurity competence community shall consist of civil society , industry , academic and research community , associations , individual experts , relevant european standardisation organisations , as well as public entities and other entities dealing with operational and technical matters in the area of cybersecurity . it shall bring together the main stakeholders with regard to cybersecurity technological , industrial , academic and research , and societal capacities and capabilities in the union and shall involve national coordination centres as well as union institutions and bodies with relevant expertise .


### the competence centre shall accredit entities established under national law as members of the cybersecurity competence community after an assessment made by the national coordination centre of the member state where the entity is established , on whether that entity meets the criteria provided for in paragraph 3 . an accreditation shall not be limited in time but may be revoked by the competence centre at any time if it or the relevant national coordination centre considers that the entity does not fulfil the criteria set out in paragraph 3 or it falls under the relevant provisions set out in article 136 of regulation xxx [ new financial regulation ] . ### the competence centre shall accredit entities established under national law , or individuals , as members of the cybersecurity competence community after an assessment made by the national coordination centre of the member state where the entity is established , or the individual is a resident , on whether that entity or individual meets the criteria provided for in paragraph 3 . an accreditation shall not be limited in time but may be revoked by the competence centre at any time if it or the relevant national coordination centre considers that the entity does not fulfil the criteria set out in paragraph 3 or it falls under the relevant provisions set out in article 136 of regulation xxx [ new financial regulation ] . the national coordination centres of the member states shall aim to achieve a balanced representation of stakeholders in the community , actively stimulating participation from under - represented categories and groups of individuals .


### such cooperation shall take place within the framework of working arrangements . those arrangements shall be submitted to the prior approval of the commission . ### such cooperation shall take place within the framework of working arrangements . those arrangements shall be adopted by the governing board after prior approval of the commission .


### members of the governing board and their alternates shall be appointed in light of their knowledge in the field of technology as well as of relevant managerial , administrative and budgetary skills . the commission and the member states shall make efforts to limit the turnover of their representatives in the governing board , in order to ensure continuity of the board’s work . the commission and the member states shall aim to achieve a balanced representation between men and women on the governing board . ### members of the governing board and their alternates shall be appointed in light of their knowledge in the field of cybersecurity as well as of relevant managerial , administrative and budgetary skills . the commission and the member states shall make efforts to limit the turnover of their representatives in the governing board , in order to ensure continuity of the board’s work . the commission and the member states shall achieve a balanced representation between men and women on the governing board .


### the term of office of the executive director shall be four years . by the end of that period , the commission shall carry out an assessment which takes into account the evaluation of the performance of the executive director and the competence centre’s future tasks and challenges . ### the term of office of the executive director shall be five years . by the end of that period , the governing board shall carry out an assessment which takes into account the evaluation of the performance of the executive director and the competence centre’s future tasks and challenges .


### the governing board may , acting on a proposal from the commission which takes into account the assessment referred to in paragraph 5 , extend once the term of office of the executive director for no more than four years . ### the governing board may , taking into account the assessment referred to in paragraph 5 , extend once the term of office of the executive director for no more than five years .


### the industrial and scientific advisory board shall meet at least twice a year . ### the industrial and scientific advisory board shall meet at least three times a year .


### the competence centre shall ensure that the public and any interested parties are given appropriate , objective , reliable and easily accessible information , in particular with regard to the results of its work . it shall also make public the declarations of interest made in accordance with article 41 . ### the competence centre shall ensure that the public and any interested parties are provided with comprehensive , objective , reliable and easily accessible information , in particular with regard to the results of the work of the competence centre , the network , the industry and scientific advisory board and the community . it shall also make public the declarations of interest made in accordance with article 42 .


### the competence centre governing board shall adopt rules for the prevention and management of conflicts of interest in respect of its members , bodies and staff . those rules shall contain the provisions intended to avoid a conflict of interest in respect of the representatives of the members serving in the governing board as well as the scientific and industrial advisory board in accordance with regulation xxx [ new financial regulation ] . ### the competence centre governing board shall adopt rules for the prevention , identification , and resolution of conflicts of interest in respect of its members , bodies and staff , the governing board , as well as the scientific and industrial advisory board , and the community .


### an administrative agreement may be concluded between the competence centre and the member state [ belgium ] in which its seat is located concerning privileges and immunities and other support to be provided by that member state to the competence centre . ### an administrative agreement shall be concluded between the competence centre and the member state [ belgium ] in which its seat is located concerning privileges and immunities and other support to be provided by that member state to the competence centre .


### since the objective of this regulation , namely promoting the cross - border provision of ancillary online services and facilitating retransmissions of television and radio programmes originating in other member states , cannot be sufficiently achieved by member states and can therefore , by reason of the scale and effects , be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve its objective . as concerns the cross - border provision of ancillary online services , this regulation establishes enabling mechanisms to facilitate the clearance of copyright and related rights . this regulation does not oblige broadcasting organisations to provide such services across borders . neither does this regulation oblige operators of retransmission services to include in their services television or radio programmes originating in other member states . this regulation concerns only the exercise of certain retransmission rights to the extent necessary to simplify the licensing of copyright and related rights for such services and only with regard to television and radio programmes originating in other member states of the union , ### since the objective of this regulation , namely promoting the cross - border provision of online services and facilitating retransmissions of television and radio content originating in other member states , cannot be sufficiently achieved by member states and can therefore , by reason of the scale and effects , be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve its objective . as concerns the cross - border provision of online services , this regulation establishes enabling mechanisms to facilitate the clearance of copyright and related rights . this regulation does not add obligations for broadcasting organisations to provide such services across borders . neither does this regulation oblige operators of retransmission services to include in their services television or radio programmes originating in other member states . this regulation concerns only the exercise of certain retransmission rights to the extent necessary to simplify the licensing of copyright and related rights for such services ,


### agreements on the exercise of copyright and related rights relevant for the acts of communication to the public and the making available occurring in the course of provision of an ancillary online service as well as for the acts of reproduction which are necessary for the provision of , the access to or the use of an ancillary online service which are in force on [ the date mentioned in article 7 , to be inserted by opoce ] shall be subject to article 2 as from [ the date mentioned in article 7 + 2 years , to be inserted by opoce ] if they expire after that date . ### agreements on the exercise of copyright and related rights relevant for the acts of communication to the public and the making available occurring in the course of provision of an online service as well as for the acts of reproduction which are necessary for the provision of , the access to or the use of an online service which are in force on [ the date mentioned in article 7 , to be inserted by opoce ] shall be subject to article 2 as from [ the date mentioned in article 7 + 1 year , to be inserted by opoce ] if they expire after that date .


### deploy and operate a post - exascale78 infrastructure , including the integration with quantum computing technologies and develop new research infrastructures for computing science . _________________ 78 a thousand times faster than exascale ### deploy and operate a post - exascale78 infrastructure , encourage the development of european hardware and software necessary for such deployment , including the integration with quantum computing technologies and develop new research infrastructures for computing science . _________________ 78 a thousand times faster than exascale


### reinforce and network existing artificial intelligence testing and experimentation facilities in member states ; ### reinforce and network existing ethical artificial intelligence testing and experimentation facilities in member states ;


### support the best use of european knowledge , capacity and skills related to cybersecurity ; ### support the best use and the increase of european knowledge , capacity and skills related to cybersecurity ;


### the financial intervention by the union under specific objective 4 . advanced digital skills shall support the development of advanced digital skills in areas supported by this programme , thus contributing to increase europe’s talent pool , fostering greater professionalism , especially with regard to high performance computing , big data analytics , cybersecurity , distributed ledger technologies , robotics and artificial intelligence . the financial intervention shall pursue the following operational objectives : ### the financial intervention by the union under specific objective 4 . advanced digital skills shall support the development of advanced digital skills in areas supported by this programme , thus contributing to increase europe’s talent pool , reducing the digital divide amongst european regions , eliminating the gender specific issues , fostering greater professionalism , especially with regard to high performance computing , big data analytics , data protection competencies , cybersecurity , distributed ledger technologies , robotics and artificial intelligence . the financial intervention shall pursue the following operational objectives :


### deploy , operate and maintain trans - european interoperable digital service infrastructures in complementarity with national and regional actions ; ### deploy , operate and maintain trans - european interoperable state of the art digital service infrastructures in complementarity with national and regional actions ;


### facilitate the development , update and use of solutions and frameworks by european public administrations , businesses and citizens , including the re - use of interoperability solutions and frameworks ; ### facilitate the development , update and use of solutions and frameworks by european public administrations , businesses and citizens , including open source and the re - use of interoperability solutions and frameworks ;


### support cooperation towards achieving a european ecosystem for trusted infrastructures using distributed ledger services and applications , including support for interoperability and standardisation and fostering the deployment of eu cross - border applications ; ### support cooperation towards achieving a european ecosystem for trusted infrastructures , including support for interoperability and standardisation and fostering the deployment of eu cross - border applications ;


### for the purpose of the establishment of the network mentioned in paragraph 1 , each member state shall designate candidate entities through an open and competitive process , on the basis of the following criteria : ### for the purpose of the establishment of the network mentioned in paragraph 1 , each member state shall designate candidate entities based on harmonised rules , through an open , transparent and competitive process , on the basis of the following criteria :


### to improve the functioning of the internal market , and especially to protect and empower citizens , consumers and businesses , in particular micro , small and medium - sized enterprises , by enforcement of union law , facilitation of market access , standard setting , and by promoting human , animal and plant health and animal welfare ; as well as to enhance cooperation between the competent authorities of member states and between the competent authorities of member states and the commission and the decentralised union agencies ; ### to improve the functioning of the internal market , and especially to protect and empower citizens , consumers and businesses , in particular micro , small and medium - sized enterprises , by enforcement of union law , facilitation of market access , standard setting , and by protecting and strengthening human , animal and plant health and animal welfare ; as well as to enhance cooperation between the competent authorities of member states and between the competent authorities of member states and the commission and the decentralised union agencies ; the programme shall contribute to&#160 ; helping the union&#160 ; meet its commitments&#160 ; under the un 2030 agenda for sustainable development as well as the paris agreement on climate change ;


### activities supporting a sustainable food production and consumption . ### activities supporting low carbon sustainable food production practices and consumption which protect the environment and biodiversity , minimise food waste and which ensure high animal welfare standards , and activities raising consumer awareness about such practices .


### –monitoring the progress towards the sustainable development goals ; ### –monitoring the progress towards the sustainable development goals and the paris climate agreement ;


### capacity building in support of security and development ### capacity building in the context of security sector reform


### assistance pursuant to this article shall only be provided : ### assistance pursuant to this article shall remain exceptional and shall be provided under the following two conditions :


### where a consensus exists between the country concerned and the international community and / or the european union that the security sector , and in particular the military , are key for stability , peace and development , particularly in crises and fragile contexts and situations . ### where a consensus exists between the country concerned , the international community and the union that the security sector , including the country ' s armed forces , are key for preserving , establishing or re - establishing the conditions essential for sustainable development .


### the procurement of arms and ammunition ; ### the procurement of arms , spare parts and ammunition or any other equipment designed to deliver lethal force ;


### the commission shall ensure that measures adopted under this regulation in relation to the fight against terrorism and organised crime , as well as measures covered under article 3a , are implemented in accordance with international law , including international humanitarian law . ### the commission shall ensure that measures adopted under this regulation in relation to the fight against terrorism and organised crime , as well as measures covered under article 3a , are implemented in accordance with international law , including international humanitarian law , and the union ' s due diligence policy to ensure that the union ' s support to security forces is in compliance with and contributes to the implementation of the union ' s human rights policy and is consistent with the promotion , protection and enforcement of international human rights law and international humanitarian law . the commission shall , without delay , make its relevant assessments publicly available .


### the autonomous trade measures would be granted in the form of zero - tariff quotas for products listed in annexes i and ii in addition to the preferential tariff - rate quotas set out in the agreement , and the partial or full removal of import duties on industrial products listed in annex iii ; ### after the publication by the commission of its analysis on the potential impact of this regulation , which should consider the potential final beneficiaries of the autonomous trade measures contained in this regulation and focus particularly on small and medium - sized producers in ukraine , the autonomous trade measures would be granted for products that are assessed to be beneficial in light of that analysis . those autonomous trade measures should take the form of zero - tariff quotas listed in annexes i and ii in addition to the preferential tariff - rate quotas set out in the agreement , and the partial or full removal of import duties on industrial products listed in annex iii .


### since the cap needs to sharpen its responses to the challenges and opportunities as they manifest themselves at union , international , national , regional , local and farm levels , it is necessary to streamline the governance of the cap and improve its delivery on the union objectives and to significantly decrease the administrative burden . in the cap based on delivery of performance , the union should set the basic policy parameters , such as objectives of the cap and basic requirements , while member states should bear greater responsibility as to how they meet the objectives and achieve targets . enhanced subsidiarity makes it possible to better take into account local conditions and needs , tailoring the support to maximise the contribution to union objectives . ### since the cap needs to sharpen its responses to growing challenges and opportunities as they manifest themselves at union , international , national , regional , rural , local and farm levels , it is necessary to improve the governance of the cap and improve its delivery on the union objectives and to significantly decrease the administrative burden . in the cap based on delivery of performance , the union should set common policy parameters to respond to the identified challenges , such as objectives of the cap including rural development , while member states should bear greater responsibility as to how they meet the objectives and achieve common eu and national targets . enhanced subsidiarity makes it possible to better take into account local conditions and needs , tailoring the support to maximise the contribution to union objectives .


### the use of common definitions entirely set at union level has caused certain difficulties for member states to cater their own specificities at national , regional , and local level . member states should therefore be given the flexibility to specify certain definitions in their cap strategic plan . in order to ensure a common level playing field , a certain framework has , however , to be set at union level constituting the necessary essential elements to be included in those definitions . ### the use of common definitions entirely set at union level has caused certain difficulties for member states to cater their own specificities at national , regional , and local level . member states should therefore be given the flexibility to specify certain definitions in their cap strategic plan . in order to ensure a common economic , ecological and social level playing field , a certain framework has , however , to be set at union level constituting the necessary essential elements to be included in those definitions .


### bolstering environmental care and climate action and contributing to the achievement of union environmental - and climate - related objectives is a very high priority in the future of union agriculture and forestry . the architecture of the cap should therefore reflect greater ambition with respect to these objectives . by virtue of the delivery model , action taken to tackle environmental degradation and climate change should be result - driven and article 11 tfeu should , for this purpose , be considered as an obligation of result . as many rural areas in the union suffer from structural problems such as lack of attractive employment opportunities , skill shortages , underinvestment in connectivity , infrastructures and essential services , as well as youth drain , it is fundamental to strengthen the socio - economic fabric in those areas , in line with the cork 2 . 0 . declaration , particularly through job creation and generational renewal , by bringing the commission ' s jobs and growth to rural areas , promoting social inclusion , generational renewal and the development of ‘ smart villages’ across the european countryside . as indicated in the communication on ‘ the future of food and farming’ , new rural value chains such as renewable energy , the emerging bio - economy , the circular economy , and ecotourism can offer good growth and job potential for rural areas . in this context , financial instruments and the use of the investeu guarantee can play a crucial role for ensuring access to financing and for bolstering the growth capacity of farms and enterprises . there is a potential for employment opportunities in rural areas for legally staying third country nationals , promoting their social and economic integration especially in the framework of community - led local development strategies . ### bolstering environmental care , preservation of biodiversity and genetic diversity in the agricultural system as well as climate action and contributing to the achievement of union environmental - and climate - related objectives is a very high priority in the future of union agriculture , forestry and rural development . the architecture of the cap should therefore reflect high ambition with respect to these objectives . by virtue of the delivery model , action taken to avoid further environmental degradation and climate change caused by unsustainable farming systems should be result - driven and article 11 tfeu should , for this purpose , be considered as an obligation of result . as many rural areas in the union suffer from structural problems and disadvantages such as lack of access to markets and decreasing return of added value to rural regions , lack of attractive employment opportunities , education , training and extension services responding to the challenges mentioned above , underinvestment in connectivity , infrastructures and essential services , as well as youth drain , it is fundamental to strengthen the socio - economic fabric in those areas , in line with the cork 2 . 0 . declaration , promoting social inclusion , generational renewal and the development of resilient villages and enterprises across the european countryside . as indicated in the communication on ‘ the future of food and farming’ , new rural value chains such as renewable energy , agro - ecological food systems , decentralized infrastructure for processing and marketing of farm products , the circular economy , and ecotourism can offer inclusive economical development and job potential for rural areas . in this context , financial instruments can play a crucial role for ensuring access to financing and for bolstering the growth capacity of farms and rural enterprises . there is a potential for employment opportunities in rural areas , including also legally staying third country nationals , promoting their social and economic integration especially in the framework of the leader and community - led local development strategies .


### building on the previous system of cross - compliance implemented until 2020 , the system of new conditionality links full receipt of cap support to the compliance by beneficiaries of basic standards concerning the environment , climate change , public health , animal health , plant health and animal welfare . the basic standards encompass in a streamlined form a list of statutory management requirements and standards of good agricultural and environmental conditions of land . these basic standards should better take into account the environmental and climate challenges and the new environmental architecture of the cap , thus delivering a higher level of environmental and climate ambition as the commission announced in its communications on the ‘ future of food and farming’ and the multiannual financial framework . conditionality aims to contribute to the development of sustainable agriculture through better awareness on the part of beneficiaries of the need to respect those basic standards . it also aims to make the cap more compatible with the expectations of society through improving consistency of the policy with the environment , public health , animal health , plant health and animal welfare objectives . conditionality should form an integral part of the environmental architecture of the cap , as part of the baseline for more ambitious environmental and climate commitments , and should be comprehensively applied across the union . for those farmers who do not comply with those requirements , member states should ensure that proportionate , effective and dissuasive penalties are applied in accordance with [ the hzr regulation ] . ### building on the previous system of cross - compliance implemented until 2020 , the system of new conditionality links full receipt of cap support to the compliance by beneficiaries of basic standards concerning the environment , climate change , public health , animal health , plant health and animal welfare . the basic standards encompass in a streamlined form a list of statutory management requirements and standards of good agricultural and environmental conditions of land . these basic standards should better take into account the environmental and climate challenges and the new environmental architecture of the cap , thus delivering a higher level of environmental and climate ambition as the commission announced in its communications on the ‘ future of food and farming’ and the multiannual financial framework . conditionality aims to contribute to the development of sustainable agriculture through better awareness on the part of beneficiaries of the need to respect those basic standards . it also aims to make the cap more compatible with the expectations of society through improving consistency of the policy with the environment , public health , animal health , plant health and animal welfare objectives . conditionality should form an integral part of the environmental architecture of the cap , as part of the baseline for more ambitious environmental and climate commitments , and should be comprehensively applied across the union . since requirements to comply with these standards apply equally to all member states , it should be ensured that payments for respect of these standards are equal too . for those farmers who do not comply with those requirements , member states should ensure that proportionate , effective and dissuasive penalties are applied in accordance with [ the hzr regulation ] .


### for interventions for rural development , principles are defined at union level , particularly with regard to the basic requirements for the member states to apply selection criteria . however , member states should have ample discretion to define specific conditions according to their needs . types of interventions for rural development include payments for environmental , climate and other management commitments that member states should support throughout their territories , in accordance with their national , regional or local specific needs . member states should grant payments to farmers and other land managers who undertake , on a voluntary basis , management commitments that contribute to climate change mitigation and adaptation and to the protection and improvement of the environment including water quality and quantity , air quality , soil , biodiversity and ecosystem services including voluntary commitments in natura 2000 and support for genetic diversity . support under payments for management commitments may also be granted in the form of locally - led , integrated or cooperative approaches and result - based interventions . ### for interventions for rural development , principles are defined at union level , particularly with regard to the basic requirements for the member states to apply selection criteria . however , member states should have ample discretion to define specific conditions according to their needs . types of interventions for rural development include payments for environmental , climate and other management commitments that member states should support throughout their territories , in accordance with their national , regional , taking into account regions which were legally formalised and currently into force , or local specific needs . member states should grant payments to farmers and other land managers who undertake , on a voluntary basis , management commitments that contribute to climate change mitigation and adaptation and to the protection and improvement of the environment including water quality and quantity , air quality , soil , biodiversity and ecosystem services including voluntary commitments in natura 2000 and support for genetic diversity . support under payments for management commitments may also be granted in the form of locally - led , integrated or cooperative approaches and result - based interventions .


### forestry measures should contribute to the implementation of the union forest strategy , and be based on member states ' national or sub - national forest programs or equivalent instruments , which should build on the commitments stemming from the regulation on the inclusion of greenhouse gas emission and removals from land use , land use energy and forestry [ lulucf regulation ] and those made in the ministerial conferences on the protection of forests in europe . interventions should be based on forest management plans or equivalent instruments and may comprise forest area development and sustainable management of forests , including the afforestation of land and the creation and regeneration of agroforestry systems ; the protection , restoration and improvement of forest resources , taking into account adaptation needs ; investments to guarantee and enhance forest conservation and resilience , and the provision of forest ecosystem and climate services ; and measures and investments in support of the renewable energy and bio - economy . ### forestry measures should contribute to the implementation of the union forest strategy , and be based on member states ' national or sub - national forest programs or equivalent instruments , which should build on the commitments stemming from the regulation on the inclusion of greenhouse gas emission and removals from land use , land use energy and forestry [ lulucf regulation ] and those made in the ministerial conferences on the protection of forests in europe . interventions should be based on forest management plans or equivalent instruments and may comprise forest area development and sustainable management of forests , including the afforestation of land and the creation and regeneration of agroforestry systems ; the protection , restoration and improvement of forest resources , taking into account adaptation needs ; investments to guarantee and enhance forest conservation , diversification and resilience , and the provision of forest ecosystem and climate services ; and measures and investments in support of the renewable energy and bio - economy .


### the communication on ‘ the future of food and farming’ mentions the exchange of knowledge and focus on innovation as a cross cutting objective for the new cap . the cap should continue to support the interactive innovation model , which enhances the collaboration between actors to make best use of complementary types of knowledge with a view to spreading practical solutions . farm advisory services should be strengthened within the akis . the cap strategic plan should provide information on how advisory services , research and rural networks will work together . each member state or region , as appropriate , can fund a number of actions aimed at knowledge exchange and innovation , using the types of interventions developed in this regulation . ### the communication on ‘ the future of food and farming’ mentions the exchange of knowledge and focus on innovation as a cross cutting objective for the new cap . the cap should continue to support the interactive innovation model , which enhances the collaboration between actors to make best use of complementary types of knowledge with a view to spreading practical solutions . farm advisory services should be strengthened within the akis . the cap strategic plan should provide information on how advisory services , research and rural networks will work together . each member state or region , including the regions which were legally formalised and currently into force , as appropriate , can fund a number of actions aimed at knowledge exchange and innovation , using the types of interventions developed in this regulation .


### support for direct payments under the cap strategic plans should be granted within national allocations to be fixed by this regulation . these national allocations should reflect a continuation of the changes whereby the allocations to member states with the lowest support level per hectare are gradually increased to close 50% of the gap towards 90% of the union average . in order to take into account the reduction of payments ' mechanism and the use of its product in the member state , the total indicative financial allocations per year in the cap strategic plan of a member state should be allowed to exceed the national allocation . ### it is essential to point out that in the period covered by the 2021 - 2027 mff , the convergence process must be fully completed in order both to achieve fair competition among member states and to establish the principles of equality on an eu - wide basis , and that the european council decision contained in the presidency conclusions of 24 - 25 october 2002 has to be completely implemented .


### considering that flexibility should be accorded to member states as regards the choice of delegating part of the implementation of the cap strategic plan at regional level on the basis of a national framework , in order to facilitate co - ordination among the regions in addressing nation - wide challenges , it is appropriate that the cap strategic plans provide a description of the interplay between national and regional interventions . ### considering that flexibility should be accorded to member states as regards the choice of delegating part of the implementation of the cap strategic plan at regional level , on the basis of a national framework , in order to facilitate co - ordination among the regions in addressing nation - wide challenges , it is appropriate that the cap strategic plans provide a description of the interplay between national and regional interventions , whereas identification of the regions in the member states should be based on the common system of classification of the regions established by regulation no 1059 / 2003 of the european parliament and the council , as amended by commission regulation no2016 / 2066


### in view of the concerns related to administrative burden under shared management , simplification should also be subject to a specific attention in the cap strategic plan . ### in view of the concerns related to administrative burden , simplification should also be subject to a specific attention in the cap strategic plan . in order to avoid imposition of disproportionate burden , administrative simplification task has to be a shared responsibility by the union and the member states , therefore the latter shall be assisted by the commission .


### chapter iii of title ii , chapter ii of title iii and articles 41 and 43 of regulation [ cpr ] of the european parliament and of the council26 shall apply to support financed by the eafrd under this regulation . __________________ 26 regulation [ … / … ] of the european parliament and of the council of [ date ] [ full tittle ] . ### chapter ii of title iii , articles 41 , 43 and 60 of regulation [ cpr ] of the european parliament and of the council26 shall apply to support financed by the eafrd under this regulation . __________________ 26 regulation [ … / … ] of the european parliament and of the council of [ date ] [ full tittle ] .


### contribute to climate change mitigation and adaptation , as well as sustainable energy ; ### contribute to climate change mitigation and adaptation ;


### foster sustainable development and efficient management of natural resources such as water , soil and air ; ### foster sustainable development and efficient management and protection and enhancement of natural resources such as water , soil and air ;


### contribute to the protection of biodiversity , enhance ecosystem services and preserve habitats and landscapes ; ### contribute to the protection of biodiversity , enhance ecosystem functioning and services , especially soil , and preserve and enhance habitats and landscapes for greater resilience ;


### the climate and the environment ; ### the climate , biodiversity and the environment ;


### member states shall set an area threshold and only grant decoupled direct payments to genuine farmers whose eligible area of the holding for which decoupled direct payments are claimed goes beyond this area threshold . ### member states shall set an area threshold and only grant decoupled direct payments to genuine farmers whose eligible area of the holding for which decoupled direct payments are claimed goes beyond this area threshold . . this threshold shall provide specific values for urban farming .


### schemes for the climate and the environment ### schemes for the climate , biodiversity and the environment


### member states shall support under this type of intervention genuine farmers who make commitments to observe , on eligible hectares , agricultural practices beneficial for the climate and the environment . ### member states shall support under this type of intervention genuine farmers who make commitments to observe , on eligible hectares , agricultural practices beneficial for the climate , both wild and agro - biodiversity and the environment .


### member states shall grant support under this type of interventions in order to promote risk management tools , which help genuine farmers manage production and income risks related to their agricultural activity which are outside their control and which contribute to achieving the specific objectives set out in article 6 . ### member states may grant support under this type of interventions in order to promote risk management tools , which help genuine farmers manage production and income risks related to their agricultural activity which are not foreseen outside their control and which contribute to achieving the specific objectives set out in article 6 .


### member states shall ensure that support is granted only for covering losses of at least 20% of the average annual production or income of the farmer in the preceding three - year period or a three - year average based on the preceding five - year period excluding the highest and lowest entry . ### member states shall ensure that support is granted only where risk mitigation or minimisation measures have been undertaken and for covering losses of at least 20% of the average annual production or income of the farmer in the preceding three - year period or a three - year average based on the preceding five - year period excluding the highest and lowest entry .


### selection criteria may not be defined for operations that have received a seal of excellence certification under horizon 2020 or horizon europe or have been selected under life + , provided that such operations are consistent with the cap strategic plan . ### selection criteria may not be defined for operations that have been selected under life + , provided that such operations are consistent with the cap strategic plan .


### 80 % for management commitments referred to in article 65 of this regulation , for payments under article 67 of this regulation , for non - productive investments referred to in article 68 of this regulation , for support for the european innovation partnership under article 71 of this regulation and for the leader , referred to as community - led local development in article 25 of regulation [ cpr ] ; ### 85 % for management commitments referred to in article 65 of this regulation , for payments under article 67 of this regulation , for non - productive investments referred to in article 68 of this regulation , for support for the european innovation partnership under article 71 of this regulation and for the leader , referred to as community - led local development in article 25 of regulation [ cpr ] ;


### where elements of the cap strategic plan are established at regional level , the member state shall ensure the coherence and the consistency with the elements of the cap strategic plan established at national level . ### the commission shall encourage member states to establish elements of the cap strategic plan at regional level . to this end , the identification of the regions and areas at union level shall be based on the common system of classification of the regions established by regulation no 1059 / 2003 of the european parliament and the council , as amended by commission regulation no 2016 / 2066 . latest classifications and data shall be used to ensure adequate support , in particular for addressing lagging behind regions . member states shall also ensure the coherence and the consistency of regional elements of the cap strategic plan with the elements of the cap strategic plan established at national level .


### relevant bodies representing civil society and where relevant bodies responsible for promoting social inclusion , fundamental rights , gender equality and non - discrimination . ### relevant bodies representing civil society , environmental partners , and bodies responsible for promoting social inclusion , fundamental rights , rights of persons with disabilities , gender equality and non - discrimination .


### member states shall involve those partners in the preparation of the cap strategic plans . ### member states shall involve those partners on equal footing in the preparation and implementation of the cap strategic plans .


### annex iii on the consultation of the partners ; ### annex iii on the consultation of the partners and a documentation of comments submitted by partners and whether and how these comments have been taken into account by the managing authority ;


### annex iii to the cap strategic plan referred to in point of article 95 shall include the outcomes of the consultation of the partners and a brief description of how the consultation was carried out . ### annex iii to the cap strategic plan referred to in point of article 95 shall include the outcomes of the consultation of the partners and a brief description of how the consultation was carried out . it shall also include a documentation of comments submitted by partners and whether and how these comments have been taken into account by the managing authority and its justification thereof .


### at the initiative of a member state , the eafrd may support actions which are necessary for the effective administration and implementation of support in relation to the cap strategic plan , including the establishing and operating of the national cap networks referred to in article 113 . the actions referred to in this paragraph may concern previous and subsequent cap strategic plan periods . ### at the initiative of a member state , the eafrd may support actions which are necessary for the effective administration and implementation of support in relation to the cap strategic plan , including for local action groups and the establishing and operating of the national cap networks referred to in article 113 . the actions referred to in this paragraph may concern previous and subsequent cap strategic plan periods .


### 3 digitising agriculture : share of farmers benefitting from support to precision farming technology through cap ### 3 precision farming : share of farmers benefitting from support to appropriate precision farming technology through cap that leads to reduced input dependency and resource use


### 10 better supply chain organisation : share of farmers participating in supported producer groups , producer organisations , local markets , short supply chain circuits and quality schemes ### 10 better supply chain organisation : share of farmers participating in supported producer groups , producer organisations , local markets , short supply chain circuits and quality schemes , co - operation actions for sharing equipment e . g . for the diversification of crops needed for rotation including legumes


### 13 reducing soil erosion : percentage of land in moderate and severe soil erosion on agricultural land ### 13 reducing soil erosion : percentage of land in moderate and severe soil erosion on agricultural land , increased resilience flooding


### 18 : lmproving soils : share of agricultural land under management commitments beneficial for soil management ### 18 lmproving soils and increase their resilience against extreme weather conditions : share of agricultural land under management commitments beneficial for soil management , as outlined in the fao voluntary guidelines for soil sustainable management practices


### 26 : protecting forest ecosystems : share of forest land under management commitments for supporting landscape , biodiversity and ecosystem services ### 26 : protecting forest ecosystems : share of forest land under management commitments for supporting landscape , biodiversity and ecosystem services , in accordance with the requirements of the eu biodiversity strategy


### 27 preserving habitats and species : share of agricultural land under management commitments supporting biodiversity conservation or restoration ### 27 preserving habitats and species : share of agricultural land under management commitments supporting biodiversity conservation or restoration , covering both wild and domestic species , in accordance with the requirements of the eu biodiversity strategy


### 29 preserving landscape features : share of agriculture land under commitments for managing landscape features , including hedgerows ### 29 preserving landscape features and green infrastructure , including trees : share of agriculture land under commitments for managing landscape features and green infrastructure , including hedgerows and trees


### 27 sustainable use of pesticides : reduce risks and impacts of pesticides** ### 27 sustainable use of pesticides : reduce use and dependency on pesticides**


### 37 sustainable pesticide use : share of agricultural land concerned by supported specific actions which lead to a sustainable use of pesticides in order to reduce risks and impacts of pesticides ### 37 sustainable pesticide use : share of agricultural land concerned by supported specific actions which reduce use and dependency on pesticides


### establishment of buffer strips along water courses ### establishment of buffer strips along water courses without use of agrochemicals


### protection of river courses against pollution and run - off ### protection of river courses and aquatic species or ecosystems against pollution , toxicity and run - off


### use of farm sustainability tool for nutrients ### use of farm sustainability tool for monitoring all agricultural inputs and tools to monitor soil life and humification


### minimum requirements relating to information on the essential aspects of the employment relationship and relating to working conditions that apply to every worker should therefore be established at union level in order to guarantee all workers in the union an adequate degree of transparency and predictability as regards their working conditions . ### minimum requirements relating to information on the essential aspects of the employment relationship and relating to working conditions that apply to every worker should therefore be established at union level in order to guarantee all workers , regardless of their formal status , in the union the highest possible degree of transparency and predictability as regards their working conditions .


### in order to ensure effectiveness of the rights provided by the union law , the personal scope of directive 91 / 533 / eec should be updated . in its case law , the court of justice of the european union has established criteria for determining the status of a worker34 which are appropriate for determining the personal scope of application of this directive . the definition of worker in article 2 is based on these criteria . they ensure a uniform implementation of the personal scope of the directive while leaving it to national authorities and courts to apply it to specific situations . provided that they fulfil those criteria , domestic workers , on - demand workers , intermittent workers , voucher based - workers , platform workers , trainees and apprentices could come within scope of this directive . __________________ 34 judgments of 3 july 1986 , deborah lawrie - blum , case 66 / 85 ; 14 october 2010 , union syndicale solidaires isère , case c - 428 / 09 ; 9 july 2015 , balkaya , case c - 229 / 14 ; 4 december 2014 , fnv kunsten , case c - 413 / 13 ; and 17 november 2016 , ruhrlandklinik , case c - 216 / 15 . ### in order to ensure effectiveness of the rights provided by the union law , the personal scope of directive 91 / 533 / eec should be updated . in its case law , the court of justice of the european union has established criteria for determining the status of a worker34 which are appropriate for determining the personal scope of application of this directive . additionally the ilo’s tripartite constituents adopted recommendation 198 employment relationship with indicators for an employment relationship , among others subordination and / or economic dependency , primacy of facts and presumption of an employment relationship . the definition of worker in article 2 needs to be based on the criteria developed by both ecj and ilo . they ensure a uniform implementation of the personal scope of the directive while leaving it to national authorities and courts to apply it to specific situations . provided that they fulfil those criteria , domestic workers , on - demand workers , intermittent workers , voucher based - workers , platform workers , trainees and apprentices could come within scope of this directive . __________________ 34 judgments of 3 july 1986 , deborah lawrie - blum , case 66 / 85 ; 14 october 2010 , union syndicale solidaires isère , case c - 428 / 09 ; 9 july 2015 , balkaya , case c - 229 / 14 ; 4 december 2014 , fnv kunsten , case c - 413 / 13 ; and 17 november 2016 , ruhrlandklinik , case c - 216 / 15 .


### directive 91 / 533 / eec introduced a minimum list of essential aspects on which workers have to be informed in writing . it is necessary to adapt that list in order to take account of developments on the labour market , in particular the growth of non - standard forms of employment . ### directive 91 / 533 / eec introduced a minimum list of essential aspects on which workers have to be informed in writing . it is necessary to clarify that this is an open minimum list and to adapt that list to the need to better protect workers , in particular regarding the growth of non - standard forms of employment .


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


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


### workers should have the right to be informed about their rights and obligations resulting from the employment relationship in writing at the start of employment . the relevant information should therefore reach them at the latest on the first day of the employment . ### workers should have the right to be informed about their rights and obligations resulting from the employment relationship in writing from the start of employment . the relevant information should therefore reach them at the latest , where applicable , when the employment contract is signed and before the first day of the employment .


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


### probationary periods allow employers to verify that workers are suitable for the position for which they have been engaged while providing them with accompanying support and training . such periods may be accompanied by reduced protection against dismissal . any entry into the labour market or transition to a new position should not be subject to prolonged insecurity . as established in the european pillar of social rights , probationary periods should therefore be of reasonable duration . a substantial number of member states have established a general maximum duration of probation between three and six months , which should be considered reasonable . probationary periods may be longer than six months where this is justified by the nature of the employment such as for managerial positions and where this is in the interest of the worker , such as in the case of long illness or in the context of specific measures promoting permanent employment notably for young workers . ### probationary periods allow employers to verify if that workers are suitable for the position for which they have been engaged while providing them with accompanying support and training . any entry into the labour market or transition to a new position should not be subject to prolonged insecurity . as established in the european pillar of social rights , probationary periods should therefore be of reasonable duration . a substantial number of member states have established a general maximum duration of probation between three and six months , which should be considered reasonable and therefore by no means be exceeded beyond 6 months .


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


### where employers are required by legislation or collective agreements to provide training to workers to carry out the work for which they are employed , it is important to ensure that such training is provided equally , including to those in non - standard forms of employment . the costs of such training should not be charged to the worker nor withheld or deducted from the worker ' s remuneration . ### where employers are required by legislation or collective agreements or internal rules to provide training to workers to carry out the work for which they are employed , it is important to ensure that such training is provided equally and without discrimination , including to those in non - standard forms of employment . the costs of such training should not be charged to the worker nor withheld or deducted from the worker ' s remuneration . the training should take place during working hours .


### social partners may consider that in specific sectors or situations different provisions are more appropriate , for the pursuit of the purpose of this directive , than the minimum standards set in chapter three of this directive . member states should therefore be able to allow social partners to conclude collective agreements modifying the provisions contained in that chapter , as long as the overall level of protection of workers is not lowered . ### social partners may consider that in specific sectors or situations different provisions are more appropriate , for the pursuit of the purpose of this directive , as long as these are in full compliance with this directive . member states should therefore be able to allow social partners to conclude collective agreements modifying the provisions contained in this directive as long as the rights established by this directive are not lowered .


### the consultation on the european pillar of social rights showed the need to strengthen enforcement of union labour law to ensure its effectiveness . as regards directive 91 / 533 / eec , the refit evaluation41 confirmed that strengthened enforcement mechanisms could improve its effectiveness . it showed that redress systems based solely on claims for damages are less effective than systems that also provide for sanctions for employers who fail to issue written statements . it also showed that employees rarely seek redress during the employment relationship , which jeopardises the goal of the provision of the written statement to ensure workers are informed about their essential features of their employment relationship . it is therefore necessary to introduce enforcement provisions which ensure the use either of favourable presumptions where information about the employment relationship is not provided , or of an administrative procedure under which the employer may be required to provide the missing information and subject to sanction if it does not . that redress should be subject to a procedure by which the employer is notified that information is missing and has 15 days in which to supply complete and correct information . __________________ 41 swd205 final , page 26 . ### the consultation on the european pillar of social rights showed the need to strengthen enforcement of union labour law to ensure its effectiveness . as regards directive 91 / 533 / eec , the refit evaluation41confirmed that strengthened enforcement mechanisms could improve its effectiveness . it showed that redress systems based solely on claims for damages are less effective than systems that also provide for sanctions for employers who fail to issue written statements . it also showed that employees rarely seek redress during the employment relationship , which jeopardises the goal of the provision of the written statement to ensure workers are informed about their essential features of their employment relationship . it is therefore necessary to introduce enforcement provisions which ensure the use either of favourable presumptions where information about the employment relationship is not provided , and of an administrative procedure under which the employer may be required to provide the missing information and subject to sanction if it does not . __________________ 41 swd205 final , page 26 .


### an extensive system of enforcement provisions for the social acquis in the union has been adopted since directive 91 / 533 / eec , notably in the fields of anti - discrimination and equal opportunities , elements of which should be applied to this directive in order to ensure that workers have access to effective and impartial dispute resolution and a right to redress , including adequate compensation , reflecting the principle 7 of the european pillar of social rights . ### an extensive system of enforcement provisions for the social acquis in the union has been adopted since directive91 / 533 / eec , notably in the fields of anti - discrimination and equal opportunities ; this system should be fully applied to this directive in order to ensure that workers have access to effective and impartial dispute resolution and a right to redress , including adequate compensation , reflecting the principle 7 of the european pillar of social rights . it should be also urgently considered to broaden these enforcement provisions to all matters relating to working conditions .


### the member states may entrust social partners with the implementation of this directive , where social partners jointly request to do so and as long as the member states take all the necessary steps to ensure that they can at all times guarantee the results sought under this directive . ### the member states should entrust social partners with the implementation of this directive , where social partners jointly request to do so and as long as the member states take all the necessary steps to ensure that they can at all times guarantee the results sought under this directive .


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


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


### chapter ii of this directive applies to seafarers and fishermen without prejudice to council directive 2009 / 13 / ec and council directive 2017 / 159 , respectively . ### this directive applies to seafarers and fishermen without prejudice to council directive 2009 / 13 / ec and council directive 2017 / 159 , respectively .


### in the case of a temporary employment relationship , the end date or the expected duration thereof ; ### in the case of a temporary employment relationship , the end date or the expected duration thereof , the name of the user undertaking in case of temporary agency workers as well as the pay scales of the user undertaking in order to provide for equal pay ;


### the procedure , including the length of the period of notice , to be observed by the employer and the worker should their employment relationship be terminated or , where the length of the period of notice cannot be indicated when the information is given , the method for determining such period of notice ; ### the procedure , including the length of the periods of notice , to be observed by the employer and the worker should their employment relationship be terminated or , where the length of the period of notice cannot be indicated when the information is given , the method , as well as the formal requirements for determining such period of notice , as well as the deadlines for taking action contesting the dismissal


### any collective agreements governing the worker ' s conditions of work ; in the case of collective agreements concluded outside the business by special joint bodies or institutions , the name of the competent body or joint institution within which the agreements were concluded ; ### any collective agreements governing the worker ' s conditions of work ; in the case of collective agreements concluded outside the business by special joint bodies or institutions , the name of the competent body or joint institution within which the agreements were concluded , and the cut off periods if there are any ;


### the information referred to in paragraph 2 to and may , where appropriate , be given in the form of a reference to the laws , regulations and administrative or statutory provisions or collective agreements governing those particular points . ### the information referred to in paragraph 2 to and shall be accompanied by a reference to the laws , regulations and administrative or statutory provisions or collective agreements governing those particular points .


### the information referred to in paragraph 1 and 2 may , where appropriate , be given in the form of a reference to the laws , regulations and administrative or statutory provisions or collective agreements governing those particular points . ### the information referred to in paragraph 1and 2 shall be given in writing clearly outlining the reference to the laws , regulations and administrative or statutory provisions or collective agreements governing those particular points .


### the information referred to in article 3 shall be provided individually to the worker in the form of a document at the latest on the first day of the employment relationship . that document may be provided and transmitted electronically as long as it is easily accessible by the worker and can be stored and printed . ### the information referred to in article 3 shall be provided individually to the worker in the form of a document as early as possible and at the latest , where applicable , the moment the employment contract is signed and before the first day of the employment relations . that document may be sent electronically directly to the worker as long as it is easily accessible by the worker and it may also be accessible to the entity controlling working conditions and can be stored and printed


### the remuneration to which the worker is entitled in accordance with the applicable law of the host member state ; ### the employment conditions under article 3 . 1 of directive 96 / 71 / ec including remuneration to which the worker is entitled in accordance with the applicable law of the host member state ;


### member states shall ensure that , where an employment relationship is subject to a probationary period , that period shall not exceed six months , including any extension . ### member states shall ensure that , where an employment relationship is subject to a probationary period , that period shall not exceed six months , including any extension . any time worked with the same enterprise , group or entity shall count towards that six months period . during a probationary period an employment relationship shall not be declared dormant .


### member states shall ensure that workers with at least six months ' seniority with the same employer may request a form of employment with more predictable and secure working conditions where available . ### member states shall ensure that workers with at least six months ' seniority with the same employer may convert into a form of employment with more predictable and secure working conditions where available . time worked with the same enterprise , group or entity or natural or legal person shall count towards that six months period .


### member states may allow social partners to conclude collective agreements , in conformity with the national law or practice , which , while respecting the overall protection of workers , establish arrangements concerning the working conditions of workers which differ from those referred to in articles 7 to 11 . ### member states may allow social partners to conclude collective agreements , in conformity with the national law or practice , which , while fully respecting the level of protection provided by this directive , establish arrangements concerning the working conditions of workers which differ from but may not fall below those referred to in articles 7 to 11 .


### member states shall take all necessary measures to ensure that provisions contrary to this directive in individual or collective agreements , internal rules of undertakings , or any other arrangements shall be declared null and void or are amended in order to bring them into line with the provisions of this directive . ### provisions contrary to this directive and less beneficial for the worker in individual or collective agreements , internal rules of undertakings , or any other arrangements are null and void and shall be amended in order to bring them at least into line with the provisions of this directive .


### member states shall introduce measures necessary to protect workers , including workers who are employees ' representatives , from any adverse treatment by the employer or adverse consequences resulting from a complaint lodged with the employer or from any legal proceedings initiated with the aim of enforcing compliance with the rights provided for in this directive . ### member states shall introduce measures necessary to protect all workers regardless of their legal or formal status , including workers who are employees’ or trade union representatives , from any adverse treatment by the employer or adverse consequences resulting from exercising a right provided in this directive or from a complaint lodged with the employer or from any legal proceedings initiated with the aim of enforcing compliance with these rights .


### member states shall take the necessary measures to prohibit the dismissal or its equivalent and all preparations for dismissal of workers , on the grounds that they exercised the rights provided for in this directive . ### member states shall take the necessary measures to prohibit and declare as null and void the dismissal or its equivalent and all preparations for dismissal or other detriments or less favourable treatments of workers , on the grounds that they exercised the rights provided for in this directive . the necessary measures shall also include the right to reinstatement and compensation .


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


### these rights and values must continue to be promoted and enforced , shared among the citizens and peoples within the union and be at the heart of europe’s societies , therefore , a new justice , rights and values fund , comprising the rights and values and the justice programmes shall be created in the union budget . at a time where european societies are confronted with extremism , radicalism and divisions , it is more important than ever to promote , strengthen and defend justice , rights and eu values : human rights , respect for human dignity , freedom , democracy , equality , the rule of law . this will have profound and direct implications for political , social , cultural and economic life in the eu . as a part of the new fund , the rights and values programme will bring together the 2014 - 2020 rights , equality and citizenship programme established by regulation no 1381 / 2013 of the european parliament and of the council10 and the europe for citizens programme established by regulation no 390 / 2014 of the council11 . the justice programme will continue to support the development of an integrated european justice area and cross - border cooperation , in continuity with the 2014 - 2020 justice programme established by regulation no 1381 / 2013 of the european parliament and of the council12 . _________________ 10 regulation no 1381 / 2013 of the european parliament and of the council of 17 december 2013 establishing a rights , equality and citizenship programme for the period 2014 to 2020 11 council regulation no 390 / 2014 of 14 april 2014 establishing the ‘ europe for citizens’ programme for the period 2014 - 2020 12 regulation no 1381 / 2013 of the european parliament and of the council of 17 december 2013 establishing a rights , equality and citizenship programme for the period 2014 to 2020 . ### these rights and values must continue to be actively cultivated , protected , promoted by the union and each member state in all their policies in a consistent way as well as enforced and shared among the citizens and peoples within the union and be at the heart of europe’s societies as the deterioration of those rights and values in any member state can have detrimental effects on the union as a whole . therefore , a new justice , rights and values fund , comprising the rights and values and the justice programmes shall be created in the union budget . at a time where european societies are confronted with extremism , radicalism and divisions , it is more important than ever to promote , strengthen and defend justice , rights and eu values : human rights , respect for human dignity , freedom , democracy , equality , non - discrimination , and the rule of law . this will have profound and direct implications for political , social , cultural and economic life in the eu . as a part of the new fund , the citizens , rights , equality and values programme will bring together the 2014 - 2020 rights , equality and citizenship programme established by regulation no 1381 / 2013 of the european parliament and of the council10 and the europe for citizens programme established by regulation no 390 / 2014 of the council11 . the justice programme will continue to support the development of an integrated european justice area and cross - border cooperation , in continuity with the 2014 - 2020 justice programme established by regulation no 1381 / 2013 of the european parliament and of the council12 . _________________ 10 regulation no 1381 / 2013 of the european parliament and of the council of 17 december 2013 establishing a rights , equality and citizenship programme for the period 2014 to 2020 11 council regulation no 390 / 2014 of 14 april 2014 establishing the ‘ europe for citizens’ programme for the period 2014 - 2020 12 regulation no 1381 / 2013 of the european parliament and of the council of 17 december 2013 establishing a rights , equality and citizenship programme for the period 2014 to 2020 .