### in article 36 , the following paragraph 2a is inserted : ' 2a . member states meeting one of the conditions set out in article 77 , may contribute a part of the financial allocations indicated in article 19 and article 20 to a risk sharing instrument , to be established by the commission in agreement with the european investment bank , or in agreement with national or international public sector bodies or bodies governed by private law with a public service mission providing adequate guarantees as referred to in article 54 of regulation no 1605 / 2002 , under similar terms and conditions to those applied to and by the european investment bank , to cover the provisioning and capital allocation of guarantees and loans , as well as other financial facilities , granted under the risk sharing instrument . such risk sharing instrument shall be used exclusively for loans and guarantees , as well as other financial facilities , to finance operations co - financed by the european regional development fund or the cohesion fund , regarding expenditure which is not covered by article 56 . the risk sharing instrument shall be implemented by the commission within the framework of indirect centralised management in accordance with article 54 of regulation no 1605 / 2002 . payments to the risk sharing instrument shall be made in tranches , in accordance with the scheduled use of the risk sharing instrument in providing loans and guarantees financing specific operations . the member state concerned shall address a request to the commission who shall adopt a decision by means of an implementing act , describing the system established to guarantee that the amount available is used for the exclusive benefit of the member state which provided it within its cohesion policy financial allocation pursuant to article 18 , as well as the terms and conditions applicable to such risk sharing instrument . these terms and conditions shall at least address the following : traceability and accounting , information on the use of the funds and monitoring and control systems ; and structure of the fees and other administrative and management costs . the financial allocations to the risk - sharing instrument shall be strictly capped and shall not create contingent liabilities for the union budget or the member state concerned . any amount left - over after the completion of an operation covered by the risk sharing instrument may be reused , at the request of the member sate concerned , within the risk - sharing instrument , if the member state still meets one of the conditions set out as specified in article 77 . if the member state no longer meets those conditions , the amount left - over shall be considered as assigned revenue within the meaning of article 18 of the financial regulation . at the request of the member state concerned , additional commitment appropriations generated by this assigned revenue shall be added the following year to the cohesion policy financial allocation of the member state concerned . ' ### the following article is inserted : ' article 36a risk sharing instrument for the purpose of this article a risk - sharing instrument means a financial instrument which guarantees the total or partial coverage of a defined risk , where appropriate in exchange for an agreed remuneration . 2 . member states meeting one of the conditions set out in article 77a , b and c , may contribute a part of the financial allocations indicated in article 19 and article 20 to a risk - sharing instrument , which shall be established by means of a cooperation agreement , to be concluded by the commission either with the european investment bank , or with national or international public sector bodies or bodies governed by private law with a public service mission providing adequate guarantees as referred to in article 54 of regulation no 1605 / 2002 , under similar terms and conditions to those applied to and by the european investment bank , to cover the provisioning and capital allocation of guarantees and loans , as well as other financial facilities , granted under the risk - sharing instrument . 3 . the cooperation agreement , referred to in paragraph 2 , shall contain rules in particular on the following : the total amount of the union contribution and the schedule about how it will be made available ; the trust account conditions to be set up by the contracted implementing body ; the eligibility criteria for the use of the union contribution , the details of the exact risk - sharing , to be ensured and the guarantees to be provided by the contracted implementing body ; the pricing of the instrument , based on the risk margin and the coverage of all the administrative costs of the instrument ; the application and approval procedure of the project proposals , covered by the instrument , including a cost - benefit analysis that comprises a risk assessment and the foreseeable impact on the sector concerned and on the socio - economic situation of the member state and / or the region ; the period of availability of the instrument and the reporting requirements . the exact risk - sharing , which shall be undertaken in the cooperation agreement by the contracted implementing body , shall as an average aim at being at least 1 , 5 times the amount of the union contribution to the risk - sharing instrument . payments to the risk sharing instrument shall be made in tranches , in accordance with the scheduled use of the risk sharing instrument in providing loans and guarantees financing specific operations . 4 . the risk - sharing instrument shall be used to finance operations co - financed by the european regional development fund or the cohesion fund , regarding , by way of derogation from article 54 , investment costs which cannot be taken into account as eligible expenditure pursuant to article 55 or as public expenditure as defined in article 2 , pursuant to the eu rules on state aids . it may also be used to finance operations , which contribute to the achievement of the objectives of the national strategic reference framework of the requesting member state and the community strategic guidelines on cohesion1 , and bring the greatest added value to the union strategy for smart , sustainable and inclusive growth . it may also be used to finance operations resulting from the re - programming of a whole operational programme or parts of an operational programme co - financed by the european regional development fund or the cohesion fund , taking into account the investment opportunities laid down in regulation no 397 / 2009 amending regulation no 1080 / 2006 on the european regional development fund as regards the eligibility of energy efficiency and renewable energy investments in housing and in line with regulation no 437 / 2010 amending regulation no 1080 / 2006 on the european regional development fund as regards the eligibility of housing interventions in favour of marginalised communities . 5 . the risk sharing instrument shall be implemented by the commission within the framework of indirect centralised management in accordance with article 54 and article 56 of regulation no 1605 / 2002 . 6 . an eligible member state seeking to benefit from a risk - sharing instrument shall submit a written request to the commission not later than 31 august 2013 . in its request , the member state shall provide all the information necessary to establish : that it meets one of the conditions referred to in points , or of article 77 , by providing a reference to a council decision or other legal act proving this fact ; the list of programmes co - financed either by the erdf or by the cf and the part of the 2012 and 2013 allocations to such programmes that it wants to reallocate to the risk - sharing instrument ; the list of proposed projects pursuant to paragraph 4 and the part of the 2012 and 2013 allocations that it wants to reallocate to the risk - sharing instrument ; the amount available for its exclusive benefit within its cohesion policy financial allocation pursuant to article 18 and an indication of the amount , which could be earmarked for the objectives of the risk - sharing instrument exclusively from the eu budget commitments which remain to be effected in years 2012 and 2013 pursuant to article 75 ; e ) for all operations that have not been subject to a commission decision under article 41 , the information as required in article 40 ; f ) for requests or parts of requests concerning operations that do not fall under one or more operational programmes co - financed by the european regional development fund or the cohesion fund , a demonstration that the request has been drawn up in cooperation with the partners referred to in article 11 . 7 . the commission - after verifying in the light of the information submitted by the member state that the request is justified - shall adopt within four months a decision by means of an implementing act describing the system established to guarantee that the amount available is used for the exclusive benefit of the member state which provided it within its cohesion policy financial allocation pursuant to article 18 , as well as on the concrete terms and conditions of the participation of the requesting member state in the risk sharing instrument . the concrete terms and conditions shall in particular include the following : traceability , democratic scrutiny and accounting , information on the use of the funds , payments conditions and monitoring and control systems ; the structure of the fees and other administrative and management costs ; an indicative list of eligible projects for financing and the maximum amount of the union contribution that can be allocated to the risk - sharing instrument from the member state allocations available , and the instalments for practical implementation . the commission decision shall be published in the official journal of the european union . when deciding on the member state request , the commission shall ensure that only projects with demonstrable positive impacts on local economies and labour markets , and for which a favourable financing decision has been taken either by the eib or by a national or international public sector body or body governed by private law with a public service mission , shall be accepted as eligible for being financed from an established risk - sharing instrument . 8 . the commission decision , referred to in paragraph shall be preceded by the revision of the operational programmes concerned under the erdf and the cf in accordance with article 33 . 9 . the financial allocations to the risk - sharing instrument shall be strictly capped and shall not exceed 10% of the indicative total allocation for the requesting member state for the years 2007 - 2013 regarding the erdf and the cf , which was approved in accordance with article 28b . the financial allocations available to the projects in paragraph 4 , subparagraph 2 of this article are limited to the amounts left after financing the operations mentioned in paragraph 4 , subparagraph 1 . beyond the total union contribution to the risk - sharing instrument , endorsed in the decision , referred to in paragraph , the union participation in a risk - sharing instrument shall not create any further contingent liabilities either for the union budget or for the member state concerned . 10 . any amount left - over after the completion of an operation covered by the risk sharing instrument may be reused , at the request of the member state concerned , within the risk - sharing instrument , if the member state still meets one of the conditions set out in article 77a , b and c . if the member state no longer meets any of those conditions , the amount left - over shall be considered as assigned revenue within the meaning of article 18 of the financial regulation . at the request of the member state concerned , additional commitment appropriations generated by this assigned revenue shall be added the following year to the cohesion policy financial allocation of the member state concerned . _______________ 1 see : council decision no . 2006 / 702 / ec of 6 october 2006 on community strategic guidelines on cohesion , oj l 291 , 21 . 10 . 2006 , p . 11 . '


### in article 36 , the following paragraph 2a is inserted : ' 2a . member states meeting one of the conditions set out in article 77 , may contribute a part of the financial allocations indicated in article 19 and article 20 to a risk sharing instrument , to be established by the commission in agreement with the european investment bank , or in agreement with national or international public sector bodies or bodies governed by private law with a public service mission providing adequate guarantees as referred to in article 54 of regulation no 1605 / 2002 , under similar terms and conditions to those applied to and by the european investment bank , to cover the provisioning and capital allocation of guarantees and loans , as well as other financial facilities , granted under the risk sharing instrument . such risk sharing instrument shall be used exclusively for loans and guarantees , as well as other financial facilities , to finance operations co - financed by the european regional development fund or the cohesion fund , regarding expenditure which is not covered by article 56 . the risk sharing instrument shall be implemented by the commission within the framework of indirect centralised management in accordance with article 54 of regulation no 1605 / 2002 . payments to the risk sharing instrument shall be made in tranches , in accordance with the scheduled use of the risk sharing instrument in providing loans and guarantees financing specific operations . the member state concerned shall address a request to the commission who shall adopt a decision by means of an implementing act , describing the system established to guarantee that the amount available is used for the exclusive benefit of the member state which provided it within its cohesion policy financial allocation pursuant to article 18 , as well as the terms and conditions applicable to such risk sharing instrument . these terms and conditions shall at least address the following : traceability and accounting , information on the use of the funds and monitoring and control systems ; and structure of the fees and other administrative and management costs . the financial allocations to the risk - sharing instrument shall be strictly capped and shall not create contingent liabilities for the union budget or the member state concerned . any amount left - over after the completion of an operation covered by the risk sharing instrument may be reused , at the request of the member sate concerned , within the risk - sharing instrument , if the member state still meets one of the conditions set out as specified in article 77 . if the member state no longer meets those conditions , the amount left - over shall be considered as assigned revenue within the meaning of article 18 of the financial regulation . at the request of the member state concerned , additional commitment appropriations generated by this assigned revenue shall be added the following year to the cohesion policy financial allocation of the member state concerned . ' ### the following article is inserted : ' article 36a risk sharing instrument for the purpose of this article a risk - sharing instrument means a financial instrument which guarantees the total or partial coverage of a defined risk , where appropriate in exchange for an agreed remuneration . 2 . member states meeting one of the conditions set out in article 77a , b and c , may contribute a part of the financial allocations indicated in article 19 and article 20 to a risk sharing instrument , which shall be established by means of a cooperation agreement , to be concluded by the commission either with the european investment bank , or with national or international public sector bodies or bodies governed by private law with a public service mission providing adequate guarantees as referred to in article 54 of regulation no 1605 / 2002 , under similar terms and conditions to those applied to and by the european investment bank , to cover the provisioning and capital allocation of guarantees and loans , as well as other financial facilities , granted under the risk sharing instrument . 3 . the cooperation agreement , referred to in paragraph 2 , shall contain rules in particular on the following : the total amount of the union contribution and the schedule about how it will be made available ; the trust account conditions to be set up by the contracted implementing body ; the eligibility criteria for the use of the union contribution , the details of the exact risk - sharing , to be ensured and the guarantees to be provided by the contracted implementing body ; the pricing of instrument , based on the risk margin and the coverage of all the administrative costs of the instrument ; the application and approval procedure of the project proposals , covered by the instrument ; the period of availability of the instrument and the reporting requirements . the exact risk - sharing , which shall be undertaken in the cooperation agreement by the contracted implementing body , shall as an average aim at being at least 1 , 5 times the amount of the union contribution to the risk - sharing instrument . payments to the risk sharing instrument shall be made in tranches , in accordance with the scheduled use of the risk sharing instrument in providing loans and guarantees financing specific operations . 4 . the risk sharing instrument shall be used to finance operations co - financed by the european regional development fund or the cohesion fund , regarding , by way of derogation from article 54 , investment costs which cannot be taken into account as eligible expenditure pursuant to article 55 or as public expenditure as defined in article 2 , pursuant to the eu rules on state aids . it may also be used to finance operations , which contribute to the achievement of the objectives of the national strategic reference framework of the requesting member state and the community strategic guidelines on cohesion1 , and bring the greatest added value to the union strategy for smart , sustainable and inclusive growth . 5 . the risk sharing instrument shall be implemented by the commission within the framework of indirect centralised management in accordance with article 54 and article 56 of regulation no 1605 / 2002 . 6 . an eligible member state seeking to benefit from a risk - sharing instrument shall submit a written request to the commission not later than 31 august 2013 . in its request , the member state shall provide all the information necessary to establish : that it meets one of the conditions referred to in points , or of article 77 , by providing a reference to a council decision or other legal act proving this fact ; the list of programmes co - financed either by the erdf or by the cf and the part of the 2012 and 2013 allocations to such programmes that it wants to take out of those programmes in order to reallocate those amounts to the risk - sharing instrument ; the list of proposed projects pursuant to paragraph 4 and the part of the 2012 and 2013 allocations that it wants to take out of the programmes in order to reallocate those amounts to the risk - sharing instrument ; the amount available for its exclusive benefit within its cohesion policy financial allocation pursuant to article 18 and an indication on the amount , which could be earmarked for the objectives of the risk - sharing instrument exclusively from the eu budget commitments which remain to be effected in years 2012 and 2013 pursuant to article 75 ; 7 . the commission - after verifying that the member state request is justified - shall adopt within four months a decision describing the system established to guarantee that the amount available is used for the exclusive benefit of the member state which provided it within its cohesion policy financial allocation pursuant to article 18 , as well as on the concrete terms and conditions of the participation of the requesting member state in the risk sharing instrument . the concrete terms and conditions shall in particular address the following : traceability and accounting , information on the use of the funds , payments conditions and monitoring and control systems ; structure of the fees and other administrative and management costs ; indicative list of eligible projects for financing and the maximum amount of the union contribution that can be allocated to the risk - sharing instrument from the member state allocations available , and the instalments for practical implementation . the commission decision shall be published in the official journal of the european union . when deciding on the member state request , the commission shall ensure that only projects , for which a favourable financing decision has been taken either by the eib or by a national or international public sector body or body governed by private law with a public service mission , shall be accepted as eligible from being financed from an established risk - sharing instrument . 8 . the commission decision , referred to in paragraph shall be preceded by the revision of the operational programmes concerned under the erdf and cf in accordance with article 33 . 9 . the financial allocations to the risk - sharing instrument shall be strictly capped and shall not exceed 10% of the indicative total allocation for the requesting member state for the years 2007 - 2013 regarding erdf and cf , which was approved in accordance with article 28b . the financial allocations available to the projects in paragraph 4 , subparagraph 2 of this article are limited to the amounts left after financing the operations mentioned in paragraph 4 , subparagraph 1 . beyond the total union contribution to the risk - sharing instrument , endorsed in the decision , referred to in paragraph , the union participation in a risk - sharing instrument shall not create any further contingent liabilities neither for the union budget nor for the member state concerned . 10 . any amount left - over after the completion of an operation covered by the risk sharing instrument may be reused , at the request of the member state concerned , within the risk - sharing instrument , if the member state still meets one of the conditions set out in article 77a , b and c . if the member state no longer meets any of those conditions , the amount left - over shall be considered as assigned revenue within the meaning of article 18 of the financial regulation . at the request of the member state concerned , additional commitment appropriations generated by this assigned revenue shall be added the following year to the cohesion policy financial allocation of the member state concerned . _______________ 1 see : council decision no . 2006 / 702 / ec of 6 october 2006 on community strategic guidelines on cohesion , oj l 291 , 21 . 10 . 2006 , p . 11 . '


### traceability and accounting , information on the use of the funds and monitoring and control systems ; and ### traceability , democratic scrutiny and accounting , governance structure in close consultation with the member state and participating financial institutions , information on the use of the leverage factor , the use of the funds and monitoring and control systems ; and


### upon completion of its investigation , and before submitting any proposal to the council , the commission shall give the member state concerned the opportunity of being heard in relation to the matters under investigation . the commission shall base any proposal to the council only on facts on which the member state concerned has had the opportunity to comment . ### upon completion of its investigation , and before submitting any recommendation to the council , the commission shall give to the member state subject to investigation the opportunity of being heard on the matters being investigated . the commission shall base any recommendation to the council only on facts on which the member state concerned has had the opportunity to comment .


### the commission shall report regularly to the european parliament and to the council on the activities carried out by the commission for the purpose of implementing this regulation . ### the commission shall report regularly and at least annually to the european parliament and to the council on the activities carried out by the commission for the purpose of implementing this regulationin the context of the european semester as referred to in regulation no 1175 / 2011 of the european parliament and of the council .


### the commission shall adopt implementing acts with a view to defining the modalities , structure and periodicity of the quality reports . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 14 . ### the commission shall adopt implementing acts with a view to defining the modalities , structure and periodicity of the quality reports referred to in paragraph 1 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 14 .


### the aim of such missions shall be to investigate in depth the quality of the mip relevant data concerned . the missions shall concentrate on methodological issues , the sources and methods described in the inventories , the data and supporting statistical processes with a view to assessing their compliance with the relevant accounting and statistical rules . ### the aim of such dialogue visits shall be to investigate in depth the quality of the mip relevant data concerned . the dialogue visits shall concentrate on methodological issues , the sources and methods described in the inventories , the data and supporting statistical processes with a view to assessing their compliance with the relevant accounting and statistical rules .


### the commission shall report to the economic policy committee set up by council decision 74 / 122 / eec7 on the findings of these missions , including any comments on these findings made by the member state concerned . after having been transmitted to the economic policy committee , these reports , along with any comments made by the member state concerned , shall be made public , without prejudice to the provisions concerning statistical confidentiality in regulation no 223 / 2009 . __________________ 7 oj l 63 , 5 . 3 . 1974 , p . 21 ### the commission shall report to the relevant committee of the european parliament and to the economic policy committee set up by council decision 74 / 122 / eec7 on the findings of these dialogue visits , including any comments on these findings made by the member state concerned . after having been transmitted to the economic policy committee , these reports , along with any comments made by the member state concerned , shall be made public , without prejudice to the provisions concerning statistical confidentiality in regulation no 223 / 2009 . __________________ 7 oj l 63 , 5 . 3 . 1974 , p . 21


### the fine referred to in paragraph 1 shall be effective , dissuasive and proportionate to the nature , seriousness and duration of the misrepresentation . the amount of the fine shall not exceed 0 . 05% of the gdp of the member state concerned . ### the interest bearing deposit referred to in paragraph 1 shall be effective , dissuasive and proportionate to the nature , seriousness and duration of the misrepresentation . the amount of the interest bearing shall not exceed 0 . 05% of the gdp of the member state concerned .


### a delegated act adopted pursuant to article 9 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or of the council . ### a delegated act adopted pursuant to article 9 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of three months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or of the council .


### where the commission identifies problems , in particular in the context of the quality assessment under article 5 , it may decide to carry out missions to the member state concerned . ### where the commission identifies a need to deepen its assessment of the quality of statistics , in particular in the context of the quality assessment under article 5 , it may decide to carry out dialogue visits to the member state concerned .


### the council , acting on a proposal by the commission , may decide to impose a fine on a member state that intentionally or by serious negligence misrepresents the mip relevant data . ### the council , acting on a recommendation by the commission , may decide to impose a fine on a member state whose currency is the euro that intentionally or by serious negligence misrepresents the mip relevant data .


### where member states reflect in their accounts emissions resulting from harvested wood products that were harvested for energy purposes , they shall do so also on the basis of the instantaneous oxidation method . ### member states shall account for emissions resulting from harvested wood products that were harvested for energy purposes , on the basis of the instantaneous oxidation method . member states shall track harvested wood products that were harvested outside the union and that are used for energy purposes within the member state , for the purpose of providing a summary of emissions while indicating the country of harvest of the harvested wood product and whether it was harvested in a sustainable manner .


### member states may also draw up and maintain accounts that accurately reflect emissions and removals resulting from revegetation , and wetland drainage and rewetting . ### member states may establish and maintain accounts for emissions and removals from revegetation .


### afforestation ; ### forest activities : afforestation , reforestation , deforestation and forest management ;


### reforestation ; ### agricultural activities : cropland and grazing land management ;


### where member states reflect in their accounts emissions resulting from harvested wood products that were harvested for energy purposes , they shall do so also on the basis of the instantaneous oxidation method . ### member states shall reflect in their accounts emissions resulting from harvested wood products that were imported or harvested for energy purposes on the basis of the instantaneous oxidation method .


### no later than one year before the end of each accounting period , member states shall communicate to the commission proposed revised reference levels for the following accounting period in accordance with the methodology in decision - / cmp . 7 used for calculating the reference levels set out in that decision . ### for the period after 2020 comprehensive land - based accounting shall be used .


### the introduction of an origin mark can contribute to make demanding community standards work in favour of the community industry , especially small and medium enterprises . it will also help to prevent the reputation of the community industry being tainted by inaccurate claims of origin . improved transparency and consumer information about the origin of goods will thus contribute to the objectives of the lisbon agenda . ### the introduction of an origin mark can contribute to make demanding community standards work in favour of the community industry , especially small and medium enterprises which often put a genuine effort into the quality of their products and which also preserve traditional and artisanal jobs and methods of production , but which are also greatly exposed to global competition which does not necessarily distinguish between production methods . it will also help to prevent the reputation of the community industry being tainted by inaccurate claims of origin . improved transparency and consumer information about the origin of goods will thus contribute to the objectives of the lisbon agenda and those of the eu 2020 strategy .


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


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


### to facilitate the implementation of this regulation , expenditure should be eligible either from the date on which a member state incurs administrative expenditure for implementing the egf or from the date on which a member state starts to provide personalised services or , in the case of farmers , from the date set in a commission act in accordance with article 4 . ### to facilitate the implementation of this regulation , expenditure should be eligible either from the date on which a member state incurs administrative expenditure for implementing the egf or from the date on which a member state starts to provide personalised services .


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


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


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


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


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


### the commission and the member states should ensure the compliance , coherence , and complementarity of their assistance , in particular through regular consultations and frequent exchanges of information during the different phases of the assistance cycle . ### the commission and the member states should ensure the compliance , coherence , and complementarity of their assistance and the assistance of other international institutions and donors , in particular through regular consultations and frequent exchanges of information during the different phases of the assistance cycle .


### assistance under this regulation should be provided in accordance with the enlargement policy framework defined by the union for each beneficiary country reflected in the annual enlargement package of the commission , which includes the progress reports and the enlargement strategy , in the stabilisation and association agreements and in the european or accession partnerships . assistance should mainly focus on a limited number of policy areas that will help beneficiary countries strengthen democratic institutions and the rule of law , reform the judiciary and public administration , respect fundamental rights and promote gender equality and non - discrimination . it should also enhance their economic and social development , underpinning a smart , sustainable and inclusive growth agenda in line with the europe 2020 strategy and to align progressively with the copenhagen criteria . the coherence between the financial assistance and the overall progress made in the implementation of the pre - accession strategy should be strengthened . ### assistance under this regulation should be provided in accordance with the enlargement policy framework defined by the union for each beneficiary country reflected in the annual enlargement package of the commission , which includes the progress reports and the enlargement strategy , in the stabilisation and association agreements and in the european or accession partnerships . assistance should mainly focus on a limited number of policy areas that will help beneficiary countries strengthen democratic institutions and the rule of law , reform the judiciary and public administration , respect fundamental rights , promote gender equality and non - discrimination , and implement the european union framework for national roma integration strategies . it should also enhance their economic and social development , underpinning a smart , sustainable and inclusive growth agenda in line with the europe 2020 strategy and to align progressively with the copenhagen criteria . the coherence between the financial assistance and the overall progress made in the implementation of the pre - accession strategy should be strengthened .


### taking into account the provisional and preventive character of the measures adopted by the customs authorities in this field and the conflicting interests of the parties affected by the measures , some aspects of the procedures should be adapted to ensure a smooth application of the regulation , whilst respecting the rights of the concerned parties . thus , with respect to the various notifications envisaged by this regulation , the customs authorities should notify the most appropriate person , on the basis of the documents concerning the customs treatment or of the situation in which the goods are placed . the periods laid down in this regulation for the required notifications should be counted from the time those are sent by the customs authorities in order to align all periods of notifications sent to the concerned parties . the period allowing for a right to be heard before an adverse decision is taken should be three working days , given that the holders of decisions granting applications for action have voluntarily requested the customs authorities to take action and that the declarants or holders of the goods must be aware of the particular situation of their goods when placed under customs supervision . in the case of the specific procedure for small consignments , where consumers are likely to be directly concerned and cannot be expected to have the same level of diligence as other economic operators usually involved in the accomplishment of customs formalities , that period should be significantly extended . ### taking into account the provisional and preventive character of the measures adopted by the customs authorities in this field and the conflicting interests of the parties affected by the measures , some aspects of the procedures should be adapted to ensure a smooth application of the regulation , whilst respecting the rights of the concerned parties . thus , with respect to the various notifications envisaged by this regulation , the customs authorities should notify the most appropriate person , on the basis of the documents concerning the customs treatment or of the situation in which the goods are placed . in the case of the specific procedure for small consignments , where consumers are likely to be directly concerned and cannot be expected to have the same level of diligence as other economic operators usually involved in the accomplishment of customs formalities , the right for consumers to be heard before a decision is taken by the customs authority should be established .


### the customs authorities should be able to control goods , which are or should have been subject to customs supervision in the customs territory of the union , with a view to enforcing intellectual property rights . enforcing intellectual property rights at the border , wherever the goods are , or should have been , under ‘ customs supervision’ as defined by council regulation no 2913 / 92 establishing the community customs code , makes good use of resources . where goods are detained by customs at the border , one legal proceeding is required , whereas several separate proceedings would be required for the same level of enforcement for goods found on the market , which have been disaggregated and delivered to retailers . an exception should be made for goods released for free circulation under the end - use regime , as such goods remain under customs supervision , even though they have been released for free circulation . it is also appropriate not to apply the regulation to goods carried by passengers in their personal luggage as long as these goods are for their own personal use and there are no indications that commercial traffic is involved . ### the customs authorities should be able to control goods , which are or should have been subject to customs supervision in the customs territory of the union , with a view to enforcing trademark rights and copyrights . enforcing such intellectual property rights at the border , wherever the goods are , or should have been , under ' customs supervision ' as defined by council regulation no 2913 / 92 establishing the community customs code , makes good use of resources . where goods are detained by customs at the border , one legal proceeding is required , whereas several separate proceedings would be required for the same level of enforcement for goods found on the market , which have been disaggregated and delivered to retailers . an exception should be made for goods released for free circulation under the end - use regime , as such goods remain under customs supervision , even though they have been released for free circulation . it is also essential not to apply the regulation to goods carried by passengers in their personal luggage as long as there are no indications on the basis of the applicable legal procedures that a commercial purpose is involved .


### before adopting the decision of suspension of release or detention of the goods , the customs authorities shall , communicate their intention to the declarant or , in cases where goods are to be detained , the holder of the goods . the declarant or the holder of the goods shall be given the opportunity to express his / her views within three working days of dispatch of that communication . ### before adopting the decision of suspension of release or detention of the goods , the customs authorities shall , communicate their intention to the declarant or , in cases where goods are to be detained , the holder of the goods . the declarant or the holder of the goods shall be given the opportunity to express his / her views within five working days of dispatch of that communication .


### under the ‘ declaration on the trips agreement and public health’ adopted by the doha wto ministerial conference on 14 november 2001 , the trips agreement can and should be interpreted and implemented in a manner supportive of wto members ' right to protect public health and , in particular , to promote access to medicines for all . in particular with regard to medicines the passage of which across this territory of the european union , with or without transshipment , warehousing , breaking bulk , or changes in the mode or means of transport , is only a portion of a complete journey beginning and terminating beyond the territory of the union , customs authorities should , when assessing a risk of infringement of intellectual property rights , take account of any substantial likelihood of diversion of these goods onto the market of the union . ### under the ' declaration on the trips agreement and public health ' adopted by the doha wto ministerial conference on 14 november 2001 , the trips agreement can and should be interpreted and implemented in a manner supportive of wto members ' right to protect public health and , in particular , to promote access to medicines for all . in particular with regard to medicines the passage of which across this territory of the european union , with or without transshipment , warehousing , breaking bulk , or changes in the mode or means of transport , is only a portion of a complete journey beginning and terminating beyond the territory of the union , customs authorities should ensure that any measures taken by them are in line with the union ' s international commitments . in particular , no detention of generic medicines should be allowed in the absence of clear and convincing evidence of imminent , intended entry onto the market of the union , meaning intended sale to and consumption by union residents .


### goods which are subject of an action infringing a trade mark and bear without authorisation a trade mark identical to the trade mark validly registered in respect of the same type of goods , or which cannot be distinguished in its essential aspects from such a trade mark ; ### any goods , including packaging , bearing without authorisation a trade mark identical to the trade mark validly registered in respect of the same type of goods , or which cannot be distinguished in its essential aspects from such a trade mark , &#160 ; and which thereby infringes the rights of the owner of the trademark in question in the country of import ;


### goods which are subject of an action infringing an intellectual property right under the law of the union or of that member state ; ### counterfeit trademark goods or pirated copyright goods&#160 ; which are subject of an action under the law of the union or of that member state ;


### regulation no 1383 / 2003 does not cover certain intellectual property rights and excludes certain infringements . in order to strengthen the enforcement of intellectual property rights , customs control should therefore be extended to other types of infringements , such as infringements resulting from parallel trade , as well as other infringements of rights already enforced by customs authorities but not covered by regulation no 1383 / 2003 . for the same purpose it is appropriate to include in the scope of this regulation , in addition to the rights already covered by regulation no 1383 / 2003 , trade names in so far as they are protected as exclusive property rights under national law , topographies of semiconductor products , utility models and devices to circumvent technological measures , as well as any exclusive intellectual property right established by union legislation . ### regulation no 1383 / 2003 does not cover certain intellectual property rights and excludes certain infringements . in order to ensure efficient enforcement of intellectual property rights , customs control should target selected infringements . for that purpose it is appropriate to include in the scope of this regulation , in addition to the rights already covered by regulation no 1383 / 2003 , particular devices designed to circumvent technological protection measures .


### given that the right to free movement significantly improves individuals ' lives , it is vital that information about the existence of this right and the conditions for exercising it is available as broadly as possible . as all union citizens are potential beneficiaries of this right , awareness raising efforts should be made across the union . ### given that the right to free movement significantly improves individuals ' lives , it is vital that information about the existence of this right and the conditions for exercising it is available as broadly as possible . as all union citizens and third - country nationals permanently residing in a member state are potential beneficiaries of this right , awareness raising efforts should be made across the union .


### the general purpose of the european year shall be to enhance awareness of the rights attached to union citizenship , in order to help citizens make full use of their right to move and reside freely within the territory of the member states . in this context , the european year shall focus , among others , on the opportunities for civic participation and access to rights by union citizens residing in another member state than their own , by students , workers , consumers , and providers of goods and services across the union . ### the general purpose of the european year shall be to enhance awareness of the rights attached to union citizenship , in particular , the right to move and reside freely within the territory of the member states . in this context , the european year shall focus , among others , on the opportunities for civic participation and access to rights by union citizens residing in another member state than their own , by students , workers , consumers , and providers of goods and services across the union .


### products of animal origin , germinal products and animal by - products ; ### products of animal origin , foods that contain products of animal origin , germinal products and animal by - products ;


### have arrangements in place to ensure that staff performing official controls and other official activities are free from any conflict of interest ; ### have arrangements in place to ensure that staff performing official controls and other official activities are free from any conflict of interest and in no way connected to or dependant on the operator they control ;


### the competent authorities in the member state where the official controls were performed shall supervise the application of the measures ordered pursuant to article 64 and and article 65 to ensure that the consignment does not give rise to adverse effects on human , animal or plant health , animal welfare , or the environment , during or pending the application of those measures . ### the competent authorities in the member state where the official controls were performed shall supervise the application of the measures ordered pursuant to article 64 and and article 65 to ensure that the consignment does not give rise to adverse effects on human or animal health , animal welfare , or the environment , during or pending the application of those measures .


### the emergence of new diseases , pests of plants or other risks to human , animal or plant health , animal welfare or , in the case of gmos and plant protection products , to the environment ; ### the emergence of new diseases or other risks to human or animal health , animal welfare or to the environment ;


### the use of products , processes , materials or substances that may influence food or feed safety , animal health or animal welfare , plant health or plant reproductive material identity and quality , or , in the case of gmos and plant protection products , may adversely impact on the environment ; ### the use of products , processes , materials or substances that may influence food or feed safety , animal health or animal welfare , or , in the case of gmos and plant protection products , may adversely impact on the environment ;


### where , in cases other than those referred to in article 53 of regulation no 178 / 2002 , article 249 of regulation no xxx / xxxx [ office of publications , please insert number of the regulation on animal health ] and in articles 27 , 29 , 40 , 41 , 47 , 49 and 50 of regulation no xxx / xxxx [ office of publications , please insert number of the regulation on protective measures against pests of plants ] , there is evidence that the entry into the union of certain animals or goods originating from a third country , a region thereof or a group of third countries , may pose a risk to human , animal or plant health or , as regards gmos and plant protection products , to the environment , or where there is evidence that widespread serious non - compliance with the rules referred to in article 1 might be taking place , the commission shall adopt , by means of implementing acts , the measures necessary to contain such risk or put an end to the identified non - compliance . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 141 . ### where , in cases other than those referred to in article 53 of regulation no 178 / 2002 , article 249 of regulation no xxx / xxxx [ office of publications , please insert number of the regulation on animal health ] , there is evidence that the entry into the union of certain animals or goods originating from a third country , a region thereof or a group of third countries , may pose a risk to human or animal health or to the environment , or where there is evidence that widespread serious non - compliance with the rules referred to in article 1 might be taking place , the commission shall adopt , by means of delegated acts in accordance with article 139 , the measures necessary to contain such risk or put an end to the identified non - compliance .


### where official controls indicate that a consignment of animals or goods presents a risk to human , animal or plant health , animal welfare or , as regards gmos and plant protection products , to the environment , such consignment shall be isolated or quarantined and animals belonging to it shall be kept and treated under appropriate conditions pending any further decision . ### where official controls indicate that a consignment of animals or goods presents a risk to human or animal health , animal welfare or to the environment , such consignment shall be isolated or quarantined and animals belonging to it shall be kept and treated under appropriate conditions pending any further decision .


### in relation to the rules referred to in point of article 1 , the delegated acts referred to in paragraph 1 shall lay down rules on : ### the commission shall be empowered to adopt delegated acts , in accordance with article 27 of regulation no 834 / 2007 , to verify compliance with the rules referred to in point of article 1 and on action to be taken by the competent authorities following such official controls . those delegated acts shall lay down rules on :


### the different stages of production , processing and distribution , and the possible risks to human health , and where appropriate to the health of animals and plants , to the welfare of animals , to the environment , and to the identity and quality of plant reproductive material . ### the different stages of production , processing and distribution , and the possible risks to human health , and where appropriate to the health of animals , to the welfare of animals , and to the environment .


### the commission may , by means of implementing acts , determine the means by which the information referred to in paragraph 4 is to be made available to the public . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 141 . ### the commission may , by means of implementing acts , determine the means by which the information referred to in paragraph 4 is to be made available to the public . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 141 . the means by which the information referred to in paragraph 4 is to be made available to the public shall in any case include publication on the internet .


### where applicable , the situation regarding animal health , zoonoses and plant health , and procedures for notifying the commission and relevant international bodies of outbreaks of animal diseases and pests of plants ; ### where applicable , the situation regarding animal health , zoonoses , and procedures for notifying the commission and relevant international bodies of outbreaks of animal diseases ;


### the different stages of production , processing and distribution , and the possible risks to human health , and where appropriate to the health of animals and plants , to the welfare of animals , to the environment , and to the identity and quality of plant reproductive material . ### the different stages of production , processing and distribution , and the possible risks to human health , and where appropriate to the health of animals , to the welfare of animals , to the environment .


### organise audits or inspections of such bodies or persons as necessary ; ### organise periodical and unannounced audits or inspections of such bodies or persons ;


### for the purposes of paragraph 1 , the official controls referred to in point of that paragraph shall include official controls performed to verify compliance with measures adopted by the commission in accordance with article 137 of this regulation , article 53 of regulation no 178 / 2002 , articles 27 , 29 , 40 , 41 , 47 , 49 and 50 of regulation no xxx / xxxx [ office of publications , please insert number of the regulation on protective measures against pests of plants ] , articles 41 and 144 of regulation no xxx / xxxx [ office of publications , please insert number of the regulation on the production and making available on the market of plant reproductive material ] and part vi of regulation no xxx / xxxx [ office of publications , please insert number of the regulation on animal health ] , unless the decision establishing the measures requires otherwise . ### for the purposes of paragraph 1 , the official controls referred to in point of that paragraph shall include official controls performed to verify compliance with measures adopted by the commission in accordance with article 137 of this regulation , article 53 of regulation no 178 / 2002 , and part vi of regulation no xxx / xxxx [ office of publications , please insert number of the regulation on animal health ] , unless the decision establishing the measures requires otherwise .


### to ensure the uniform implementation of the rules provided for in paragraph 1 of this article , the commission shall , by means of implementing acts , lay down and update as necessary the format in which the information referred to in that paragraph shall be published . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 141 . ### to ensure the uniform implementation of the rules provided for in paragraph 1 of this article , the commission shall , by means of implementing acts , lay down and update as necessary the format in which the information referred to in that paragraph shall be published . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 141 . the format shall in any case include publication on the internet .


### the verification , by or under the responsibility of an official veterinarian , of the health and welfare of the animals prior to the slaughter ; ### the verification , by an official veterinarian , of the health and welfare of the animals prior to the slaughter ;


### order that the operator destroy the consignment in compliance , where appropriate , with the rules referred to in article 1 , taking all the measures necessary to protect human , animal or plant health , animal welfare or the environment ; or ### order that the operator destroy the consignment in compliance , where appropriate , with the rules referred to in article 1 , taking all the measures necessary to protect human or animal health , animal welfare or the environment ; or


### member states may confer to the competent authorities referred to in paragraph 1 the responsibility to carry out controls for the verification of compliance with , or for the application of , rules , including those regulating specific risks which may arise from the presence of alien species in the union , other than those referred to in article 1 . ### member states may confer to the competent authorities referred to in paragraph 1 the responsibility to carry out controls for the verification of compliance with , or for the application of , rules other than those referred to in article 1 .


### assisting actively in the diagnosis of outbreaks in member states of foodborne , zoonotic or animal diseases , or of pests of plants , by carrying out confirmatory diagnosis , characterisation and taxonomic or epizootic studies on pathogen isolates or pest specimens ; ### assisting actively in the diagnosis of outbreaks in member states of foodborne , zoonotic or animal diseases , by carrying out confirmatory diagnosis , characterisation and taxonomic or epizootic studies on pathogen isolates or pest specimens ;


### the operator has requested such official controls . ### the operator has requested such official controls . such announced controls cannot replace standard controls without prior warning .


### is impartial and free from any conflict of interest as regards the exercise of its tasks as official laboratory ; ### is independent , impartial and free from any conflict of interest as regards the exercise of its tasks as official laboratory ;


### the emergence of new diseases , pests of plants or other risks to human , animal or plant health , animal welfare or , in the case of gmos and plant protection products , to the environment ; ### the emergence of new diseases or other risks to human or animal health , animal welfare or , in the case of gmos and plant protection products , to the environment ;


### governing food and food safety , at any stage of production , the processing and distribution of food , including rules aimed at guaranteeing fair practices in trade and protecting consumer interests and information , and the manufacture and use of materials and articles intended to come into contact with food ; ### governing food , food safety and food quality , at any stage of production , the processing and distribution of food , including rules aimed at guaranteeing fair practices in trade and protecting consumer interests and information , and the manufacture and use of materials and articles intended to come into contact with food ;


### the commission shall be empowered to adopt delegated acts in accordance with article 139 concerning the establishment of requirements , responsibilities and tasks for the european union reference laboratories , the european union reference centres for plant reproductive material and the european union reference centres for animal welfare in addition to those laid down in articles 91 , 92 , 93 , 95 and 96 . ### the commission shall be empowered to adopt delegated acts in accordance with article 139 concerning the establishment of requirements , responsibilities and tasks for the european union reference laboratories and the european union reference centres for animal welfare in addition to those laid down in articles 91 , 92 , 95 and 96 .


### in relation to the rules referred to in point of article 1 , the delegated acts referred to in paragraph 1 shall lay down rules on : ### the commission shall be empowered to adopt delegated acts , in accordance with article 27 of regulation no 834 / 2007 , to verify compliance with the rules referred to in point of article 1 and on action to be taken by the competent authorities following such official controls . those delegated acts shall lay down rules on :


### in order to enhance the independence of statutory auditors and audit firms from the audited entity when carrying out statutory audits , any person or entity that holds rights in an audit firm should be independent of the audited entity and should not be involved in the process of decision making of the audited entity . ### in order to enhance the independence of statutory auditors and audit firms from the audited entity when carrying out statutory audits , any person or entity that holds rights or have ownership in an audit firm should be independent of the audited entity and should not be involved in the process of decision making of the audited entity .


### while considering that the responsibility for the control and surveillance of external borders lies with the member states , the agency shall facilitate and render more effective the application of existing and future european union measures relating to the management of external borders , in particular the schengen borders code , and in accordance with relevant union law , international law , obligations related to access to international protection , and fundamental rights . it shall do so by ensuring the coordination of member states ' actions in the implementation of those measures , thereby contributing to an efficient , high and uniform level of control on persons and surveillance of the external borders of the member states . ### while considering that the responsibility for the control and surveillance of external borders lies with the member states , the agency shall facilitate and render more effective the application of existing and future european union measures relating to the management of external borders , in particular the schengen borders code , as well as of the charter of fundamental rights and the geneva convention relating to the status of refugees of 1951 , and in accordance with relevant union law , international law , obligations related to access to international protection , and fundamental rights . it shall do so by ensuring the coordination of member states ' actions in the implementation of those measures , thereby contributing to an efficient , high and uniform level of control on persons and surveillance of the external borders of the member states while applying the provisions of the charter of fundamental rights with due regard to respect for and the protection of the human rights of migrants . in the event of a breach of international law or the charter of fundamental rights , in particular articles 1 , 4 , 6 , 18 and 19 thereof , the suspension of the operation where the breach was detected shall be mandatory .


### the tasks of the liaison officers shall include , in compliance with european union law and in accordance with fundamental rights , the establishment and maintaining of contacts with the competent authorities of the third country to which they are assigned to with a view to contribute to the prevention of and fight against illegal immigration and the return of illegal migrants . ### the tasks of the liaison officers shall include , in compliance with european union law and in accordance with fundamental rights , with special regard to the right of everyone to leave a country , including his or her own , and international protection obligations , with special regard to respect for the principle of non - refoulement , the establishment and maintaining of contacts with the competent authorities of the third country to which they are assigned to with a view to contribute to the prevention of and fight against irregular immigration and the return of illegal migrants .


### the agency may itself initiate joint operations and pilot projects in cooperation with member states . ### the agency may itself initiate joint operations and pilot projects in cooperation with the member states involved and in agreement with the host member state and inform the european parliament via the agency ' s general report in accordance with article 20b .


### in most member states , the operational aspects of return of third - country nationals illegally present in the member states fall within the competencies of the authorities responsible for controlling the external borders . as there is a clear added value in performing these tasks at union level , the agency should , in full compliance with the union ' s return policy , accordingly provide the necessary assistance and coordination for organising joint return operations of member states and identify best practices on the acquisition of travel documents and define a code of conduct to be followed during the removal of third - country nationals illegally present in the territories of the member states . no union financial means should be made available for activities and operations that are not carried out in conformity with the charter of fundamental rights . ### in most member states , the operational aspects of return of third - country nationals illegally present in the member states fall within the competencies of the authorities responsible for controlling the external borders . as there is a clear added value in performing these tasks at union level , the agency should , in full compliance with the union ' s return policy , accordingly provide the necessary assistance and coordination for organising joint return operations of member states and identify best practices on the acquisition of travel documents and define a code of conduct to be followed during the removal of third - country nationals illegally present in the territories of the member states . no activities or operations that are not in conformity with the charter of fundamental rights should be carried out or financed by the union . in the event of a violation of the charter of fundamental rights , return operations should be suspended and the violation investigated .


### all border guards and other personnel of the member states , as well as the staff of the agency shall , prior to their participation in operational activities organised by the agency , have received training in relevant eu and international law , including fundamental rights and access to international protection . ### all border guards and other personnel of the member states , as well as the staff of the agency and its liaison officers , shall , prior to their participation in operational activities organised by the agency or , in the case of liaison officers , to their deployment in a third country , have received training in relevant eu and international law , including fundamental rights and access to international protection .


### the evaluation shall include a specific analysis on the way the charter of fundamental rights was respected pursuant to the application of the regulation . ### the evaluation shall include a specific analysis of the way in which the rights enshrined in the charter of fundamental rights were guaranteed pursuant to the application of this regulation . an annual evaluation of that analysis shall be annexed to the agency ' s general report .


### the agency shall establish and further develop common core curricula for border guards ' training and provide training at european level for instructors of the national border guards of member states , including with regard to fundamental rights and access to international protection . ### the agency shall establish and further develop common core curricula for border guards ' training and provide training at european level for instructors of the national border guards of member states , including with regard to fundamental rights , access to international protection and maritime law .


### the agency should provide training , including on fundamental rights , at european level for national instructors of border guards and additional training and seminars related to control and surveillance at the external borders and removal of third - country nationals illegally present in the member states for officers of the competent national services . the agency may organise training activities in cooperation with member states on their territory . member states should integrate the results of the agency’s work in this perspective in the national training programs of their border guards . ### the agency should provide training on fundamental rights , international law and the structure of national asylum authorities at european level for national instructors of border guards and additional training and seminars related to control and surveillance at the external borders and removal of third - country nationals irregularly present in the member states for officers of the competent national services . the agency may organise training activities in cooperation with member states on their territory . member states should integrate the results of the agency’s work in this perspective in the national training programs of their border guards .


### a reporting and evaluation scheme containing detailed provisions on incident reporting , benchmarks for the evaluation report and final date of submission of the final evaluation report in accordance with article 3 . ### a reporting and evaluation scheme containing detailed provisions on incident reporting , benchmarks for the evaluation report and final date of submission of the final evaluation report in accordance with article 3 . the incident reporting scheme shall include information concerning credible allegations of breaches of , in particular , this regulation or the schengen borders code , including fundamental rights , during joint operations and pilot projects and shall be transmitted immediately by the agency to the relevant national public authorities and to the management board .


### the agency may cooperate with europol , the european asylum support office , the fundamental rights agency , other european union agencies and bodies , and the international organisations competent in matters covered by this regulation in the framework of working arrangements concluded with those bodies , in accordance with the relevant provisions of the treaty and the provisions on the competence of those bodies . ### the agency may cooperate with europol , the european asylum support office , the fundamental rights agency , other european union agencies and bodies , and the international organisations competent in matters covered by this regulation in the framework of working arrangements concluded with those bodies , in accordance with the relevant provisions of the treaty and the provisions on the competence of those bodies . the european parliament shall be informed of any such arrangements concluded by the agency .


### the agency may cooperate with the authorities of third countries competent in matters covered by this regulation in the framework of working arrangements concluded with these authorities , in accordance with the relevant provisions of the treaty . ### the agency may cooperate with the authorities of third countries competent in matters covered by this regulation in the framework of working arrangements concluded with these authorities , in accordance with the relevant provisions of the treaty , and in particular of the charter of fundamental rights and international law , with special regard to respect for the non - refoulement principle . those arrangements shall guarantee compliance with international human rights and humanitarian law by third countries .


### when concluding bilateral agreements with third countries as referred to in article 2 member states shall , where appropriate , include provisions concerning the role and competencies of the agency , in particular regarding the exercise of executive powers by members of the teams deployed by the agency during the activities referred to in article 3 . ### when concluding bilateral agreements with third countries on cooperation at an operational level as referred to in article 2 , member states shall , where appropriate , include provisions concerning the role and competencies of the agency , in particular regarding the exercise of executive powers by members of the teams deployed by the agency during the activities referred to in article 3 . the text of those bilateral agreements shall be transmitted to the european parliament and the commission .


### the agency shall evaluate the results of the joint operations and pilot projects and transmit the detailed evaluation reports within 60 days following the end of the activity to the management board . the agency shall make a comprehensive comparative analysis of those results with a view to enhancing the quality , coherence and efficiency of future operations and projects to be included in its general report provided for in article 20 . ### the agency shall evaluate the results of the joint operations , rapid border intervention team deployments and pilot projects and transmit the detailed evaluation reports within 60 days following the end of the activity to the management board . the agency shall make a comprehensive comparative analysis of those results with a view to enhancing the quality , coherence and efficiency of future operations and projects to be included in its general report provided for in article 20 . the evaluation reports shall cover the compliance with fundamental rights of the joint operations and pilot projects , taking into consideration the results of the monitoring carried out by independent observers . those reports shall be made available to the european parliament on request .


### the agency may benefit from union funding in accordance with the provisions of the relevant instruments supporting the union ' s external relations policy . it may launch and finance technical assistance projects in third countries regarding matters covered by this regulation . the agency may also invite representatives of third countries , other european union agencies and bodies or international organisations to participate in its activities referred to in articles 3 , 4 and 5 . these representatives shall receive the appropriate training from the agency prior to their participation . ### the agency may benefit from union funding in accordance with the provisions of the relevant instruments supporting the union ' s external relations policy , except the funds for development cooperation , including the european neighbourhood policy and instruments for stability . it may launch and finance technical assistance projects in third countries regarding matters covered by this regulation . the agency shall ensure that assistance to operations within the framework of these projects is not provided to third countries where there are reasons to believe that such operations could lead to violations of fundamental rights .


### the agency may benefit from union funding in accordance with the provisions of the relevant instruments supporting the union ' s external relations policy . it may launch and finance technical assistance projects in third countries regarding matters covered by this regulation . the agency may also invite representatives of third countries , other european union agencies and bodies or international organisations to participate in its activities referred to in articles 3 , 4 and 5 . these representatives shall receive the appropriate training from the agency prior to their participation . ### the agency may benefit from union funding in accordance with the provisions of the relevant instruments supporting the union ' s external relations policy . it may launch and finance technical assistance projects in third countries regarding matters covered by this regulation with a view to improving their capacities , inter alia in the field of human rights . the agency shall ensure that assistance to operations within the framework of these projects is not provided to third countries where there are clear grounds for believing that such operations would lead to violations of fundamental rights . the agency may also invite representatives of third countries , other european union agencies and bodies or international organisations to participate in its activities referred to in articles 3 , 4 and 5 following an understanding with the host member state . these representatives shall receive the appropriate training from the agency prior to their participation , in particular in relation to fundamental rights .


### the agency shall finance the deployment of the equipment which forms part of the minimum number of equipment provided by a given member state for a given year . the deployment of equipment which does not form part of the minimum number of equipment shall be co - financed by the agency up to a maximum of 60% of the eligible expenses . ### the agency shall finance the deployment of the equipment which forms part of the minimum number of equipment provided by a given member state for a given year . the deployment of equipment which does not form part of the minimum number of equipment shall be co - financed by the agency up to a maximum of 60% of the eligible expenses . the operational cost of the equipment shall be met by the agency .


### efficient management of the external borders through checks and surveillance contributes to combat illegal immigration and trafficking in human beings and to reduce the threats to the internal security , public policy , public health and international relations of the member states . ### efficient management of the external borders through effective checks and efficient surveillance contributes to combat irregular immigration and trafficking in human beings and to reduce the threats to the internal security , public policy , public health and international relations of the member states .


### – in case of acquisition , the agency agrees formally with one member state that the latter will provide for the registration of the equipment ; ### – in case of acquisition , the agency agrees formally with one member state that the latter will provide for the registration of the equipment in accordance with the legislation in force of that member state ;


### the tasks of the liaison officers shall include , in compliance with european union law and in accordance with fundamental rights , the establishment and maintaining of contacts with the competent authorities of the third country to which they are assigned to with a view to contribute to the prevention of and fight against illegal immigration and the return of illegal migrants . ### the tasks of the liaison officers shall include , in compliance with european union law and in accordance with fundamental rights , the establishment and maintaining of contacts with the competent authorities of the third country to which they are assigned to with a view to contributing to the prevention of and fight against irregular immigration and the return of irregular migrants .


### while considering that the responsibility for the control and surveillance of external borders lies with the member states , the agency shall facilitate and render more effective the application of existing and future european union measures relating to the management of external borders , in particular the schengen borders code , and in accordance with relevant union law , international law , obligations related to access to international protection , and fundamental rights . it shall do so by ensuring the coordination of member states ' actions in the implementation of those measures , thereby contributing to an efficient , high and uniform level of control on persons and surveillance of the external borders of the member states . ### while considering that the responsibility for the control and surveillance of external borders lies with the member states , the agency shall facilitate and render more effective the application of existing and future european union measures relating to the management of external borders , in particular the schengen borders code , as well as of the charter of fundamental rights and the geneva convention relating to the status of refugees of 1951 , and in accordance with relevant union law , international law , obligations related to access to international protection , and fundamental rights . it shall do so by ensuring the coordination of member states ' actions in the implementation of those measures , thereby contributing to an efficient , high and uniform level of control on persons and surveillance of the external borders of the member states while applying the provisions of the charter of fundamental rights with due regard to respect for and the protection of the human rights of migrants . in the event of a breach of international law or the charter of fundamental rights , in particular articles 1 , 4 , 6 , 18 and 19 thereof , the suspension of the operation where the breach was detected shall be mandatory .


### the activities referred to in paragraphs 2 and 6 shall be subject to receiving a prior favourable opinion of the commission . ### the activities referred to in paragraphs 2 and 6 shall be subject to receiving a prior favourable opinion of the commission . the european parliament shall be informed about cooperation agreements between the agency and the authorities of third countries .


### efficient management of the external borders through checks and surveillance contributes to combat illegal immigration and trafficking in human beings and to reduce the threats to the internal security , public policy , public health and international relations of the member states . ### efficient management of the external borders through checks and surveillance contributes to combat illegal immigration and trafficking in human beings .


### the evaluation shall include a specific analysis on the way the charter of fundamental rights was respected pursuant to the application of the regulation . ### the evaluation shall include a specific analysis of the way in which the rights enshrined in the charter of fundamental rights were guaranteed pursuant to the application of this regulation . an annual evaluation of that analysis shall be annexed to the agency ' s general report .


### regarding sea operations , specific requirements regarding the applicable jurisdiction and maritime law provisions concerning the geographical area where the joint operation takes place . ### regarding sea operations , specific requirements regarding the applicable jurisdiction and relevant legislation concerning the geographical area where the joint operation takes place .


### the agency shall establish and further develop common core curricula for border guards ' training and provide training at european level for instructors of the national border guards of member states , including with regard to fundamental rights and access to international protection . member states shall integrate the common core curricula in the training of their national border guards . ### the agency shall establish and further develop common core curricula for border guards ' training and provide training at european level for instructors of the national border guards of member states , including with regard to fundamental rights and access to international protection . the european parliament shall be informed of the contents of the common core curricula . member states shall integrate the common core curricula in the training of their national border guards . in developing , implementing and evaluating the common core curricula , the agency should work closely with the fundamental rights agency , as well as with unhcr .


### the agency shall evaluate the results of the joint operations and pilot projects and transmit the detailed evaluation reports within 60 days following the end of the activity to the management board . the agency shall make a comprehensive comparative analysis of those results with a view to enhancing the quality , coherence and efficiency of future operations and projects to be included in its general report provided for in article 20 . ### the agency shall evaluate the results of the joint operations and pilot projects and transmit the detailed evaluation reports within 60 days following the end of the activity to the management board and the european parliament . the agency shall make a comprehensive comparative analysis of those results with a view to enhancing the quality , coherence and efficiency of future operations and projects to be included in its general report provided for in article 20 . the evaluation reports shall cover compliance with fundamental rights of the joint operations and pilot projects , including on the basis of the monitoring carried out by independent observers .


### the code of conduct will in particular pay attention to the obligation set out in article 8 of directive 2008 / 115 / ec to provide for an effective forced - return monitoring system . the monitoring of joint return operations should be carried out independently and should cover the whole joint return operation from the predeparture phase until the hand - over of the returnees in the country of return . furthermore , observations of the monitor , which shall cover the compliance with the code of conduct and in particular fundamental rights , shall be made available to the commission and form part of the internal final return operation report . in order to ensure transparency and a coherent evaluation of the forced - return operations , reports of the monitor shall be included in an annual reporting mechanism . ### the code of conduct will in particular pay attention to the obligation set out in article 8 of directive 2008 / 115 / ec to provide for an effective forced - return monitoring system . the monitoring of joint return operations should be carried out independently and should cover the whole joint return operation from the predeparture phase until the hand - over of the returnees in the country of return . monitors should have access to all relevant facilities , including detention centres and aircraft , and receive the necessary training to perform their duties . furthermore , observations of the monitor , which shall cover the compliance with the code of conduct and in particular fundamental rights , shall be made available to the commission and form part of the internal final return operation report . in order to ensure transparency and a coherent evaluation of the forced - return operations , reports of the monitor shall be included in an annual public reporting mechanism .


### regarding sea operations , specific requirements regarding the applicable jurisdiction and maritime law provisions concerning the geographical area where the joint operation takes place . ### regarding sea operations , specific requirements regarding the applicable jurisdiction and maritime law provisions concerning the geographical area where the joint operation takes place . in particular , those requirements shall , in accordance with article 1 , specify the place of disembarkation , as well as detailed measures regarding the provision of food , shelter , medical care and access to asylum and non - refoulement . they shall allow individuals to explain their circumstances during a personal interview and facilitate access to the asylum procedure through interpretation and legal advice if individuals wish to apply for asylum .


### the agency may deploy liaison officers , which should enjoy the highest possible protection to carry out their duties , in third countries . they shall form part of the local or regional cooperation networks of member states ' liaison officers set up pursuant to council regulation no 377 / 2004 . liaison officers shall only be deployed to third countries in which border management practices respect minimum human rights standards . priority for deployment should be given to those third countries , which on the basis of risk analysis constitute a country of origin or transit regarding illegal migration . on a reciprocal basis the agency may receive liaison officers posted by those third countries also , for a limited period of time . the management board shall adopt , on a proposal of the executive director , the list of priorities on a yearly basis in accordance with the provisions of article 24 . ### the agency may deploy liaison officers , which should enjoy the highest possible protection to carry out their duties , in third countries . they shall form part of the local or regional cooperation networks of member states ' liaison officers set up pursuant to council regulation no 377 / 2004 . liaison officers shall only be deployed , following the approval of the management board , to third countries in which border management practices respect fundamental rights and international protection obligations . within the framework of the eu ' s external policy , priority for deployment should be given to those third countries , which on the basis of risk analysis constitute a country of origin or transit regarding illegal migration . on a reciprocal basis the agency may receive liaison officers posted by those third countries also , for a limited period of time . the management board shall adopt , on a proposal of the executive director , the list of priorities on a yearly basis in accordance with the provisions of article 24 .


### the operation of sst services should be based on a partnership between the union and the member states and use existing as well as future national expertise and assets , such as mathematical analysis and modelling know - how , ground - based radars or telescopes made available by participating member states . the member states retain ownership and control over their assets and remain responsible for their operations , maintenance and renewal . ### the operation of sst services should be based on a partnership between the union and the member states and use existing as well as future national and european expertise and assets , such as mathematical analysis and modelling know - how , ground - based radars or telescopes made available by participating member states and esa . the member states retain ownership and control over their assets and remain responsible for their operations , maintenance and renewal .


### the european union satellite centre shall participate in the implementation of the objective set out in point of article 3 and shall be eligible for financial contribution from the sst support programme subject to the conclusion of the agreement referred to in article 10 . ### the european union satellite centre shall participate in the implementation of the main actions set out in article 3 and shall be eligible for financial contribution from the sst support programme subject to the conclusion of the agreement referred to in article 10 .


### the use and exchange of sst data and information for the purposes of the implementation of the objectives referred to in article 3 shall be subject to the following rules : ### the use and exchange of sst data and information for the purposes of the implementation of the main actions referred to in article 3 shall be subject to the following rules :


### union funding for the sst support programme shall be drawn from other programmes provided for in the multiannual financial framework for 2014 - 2020 in full compatibility with their legal base . ### the amount of union funding allocated to the sst support programme for the period 2014 - 2020 shall be eur 70 million , to be drawn from the financial envelopes allocated to other programmes provided for in the multiannual financial framework for 2014 - 2020 in full compatibility with their legal base .