### member states shall justify in the programme and in the annual performance report as referred to in article 30 the use of operating support to achieve the objectives of this regulation . before the approval of the programme , the commission shall , with the european union agency for asylum and the european border and coast guard agency in line with article 13 , assess the baseline situation in the member states which have indicated their intention to use operating support . the commission shall take into account the information provided by those member states and , where relevant , the information available in the light of the monitoring exercises , as carried out in accordance with regulation . . / . . [ euaa regulation ] and regulation no 1053 / 2013 , which are within the scope of this regulation . ### member states shall justify in the programme and in the annual performance report as referred to in article 30 the use of operating support to achieve the objectives of this regulation . before the approval of the programme , the commission shall , with the european union agency for asylum , the european union agency for fundamental rights and the european border and coast guard agency in line with article 13 , assess the baseline situation in the member states which have indicated their intention to use operating support . the commission shall take into account the information provided by those member states and , where relevant , the information available in the light of the monitoring exercises , as carried out in accordance with regulation . . / . . [ euaa regulation ] and regulation no 1053 / 2013 , which are within the scope of this regulation .


### the following criteria in the area of countering irregular migration including returns will be taken into account and shall be weighted as follows : ### in the area of countering irregular migration including returns , the following criterion will be taken into account :


### 50% in proportion to the number of third - country nationals who do not or no longer fulfil the conditions for entry and stay in the territory of the member state and who are subject to a return decision under national and / or community law , i . e . an administrative or judicial decision or act , stating or declaring the illegality of stay and imposing an obligation to return ; ### the number of third - country nationals who do not or no longer fulfil the conditions for entry and stay in the territory of the member state and who are subject to a return decision under national and / or union law , i . e . an administrative or judicial decision or act , stating or declaring the illegality of stay and imposing an obligation to return ;


### to contribute to countering irregular migration and ensuring effectiveness of return and readmission in third countries . ### to contribute to countering irregular migration and ensuring compliance with fundamental rights of return and readmission in third countries .


### the policy objective of the fund shall be to contribute to an efficient management of migration flows in line with the relevant union acquis and in compliance with the union ' s commitments on fundamental rights . ### the policy objective of the fund shall be to contribute to an efficient management of migration , integration of third - country nationals and a common policy on asylum , in line with the relevant union acquis and the rights and principles enshrined in the eu charter of fundamental rights .


### considering the high levels of migration flows to the union in the last years and the importance of ensuring the cohesion of our societies , it is crucial to support member states’ policies for early integration of legally staying third - country nationals , including in the priority areas identified in the action plan on integration of third - country nationals adopted by the commission in 2016 . ### considering the importance of ensuring the cohesion of our societies , it is crucial to support member states’ policies for integration of third - country nationals , including in the priority areas identified in the action plan on integration of third - country nationals adopted by the commission in 2016 .


### considering the high levels of migration flows to the union in the last years and the importance of ensuring the cohesion of our societies , it is crucial to support member states’ policies for early integration of legally staying third - country nationals , including in the priority areas identified in the action plan on integration of third - country nationals adopted by the commission in 2016 . ### considering the increasing numbers of international migrants and of people forcibly displaced globally , it is crucial to support member states’ policies of reception and integration of third - country nationals , including in the priority areas identified in the action plan on integration of third - country nationals adopted by the commission in 2016 .


### these initial amounts should form a basis for member states’ long - term investments . to take account of changes in migration flows and to address needs in the management of asylum and reception systems and integration of legally staying third - country nationals , and counter irregular migration through efficient and sustainable return policy , an additional amount should be allocated to the member states at mid - term taking into account the absorption rates . this amount should be based on the latest available statistical data as set out in annex i to reflect the changes in the baseline situation of member states . ### these initial amounts should form a basis for member states’ long - term investments . to take account of changes in migration flows and to address needs in the management of asylum and reception systems and integration of third - country nationals , counter trafficking of migrants , implement an efficient , rights compliant and sustainable return policy , an additional amount should be allocated to the member states at mid - term taking into account the absorption rates . this amount should be based on the latest available statistical data as set out in annex i to reflect the changes in the baseline situation of member states .


### readmission agreements and other arrangements are an integral component of the union return policy and a central tool for the efficient management of migration flows , as they facilitate the swift return of irregular migrants . those agreements and arrangements are an important element in the framework of the dialogue and cooperation with third countries of origin and transit of irregular migrants and their implementation in third countries should be supported in the interests of effective return policies at national and union level . ### formal readmission agreements are an integral component of the union return policy . their implementation in third countries should be supported in the interests of effective return policies at national and union level .


### voluntary and enforced returns are nevertheless interlinked , with mutually reinforcing effect , and member states should therefore be encouraged to reinforce the complementarities between these two forms of return . the possibility of removals is an important element contributing to the integrity of the asylum and legal migration systems . the fund should therefore support actions of member states to facilitate and carry out removals in accordance with the standards laid down in union law , where applicable , and with full respect for the fundamental rights and dignity of returnees . ### voluntary return should always take priority over enforced returns and member states should therefore be encouraged to reinforce programmes ensuring sustainable voluntary return . the fund should therefore support actions of member states to facilitate and carry out programmes for voluntary return in accordance with the standards laid down in union law , where applicable , and with full respect for the fundamental rights and dignity of returnees .


### establishing , developing and improving effective alternatives to detention , in particular in relation to unaccompanied minors and families . ### establishing , developing , implementing&#160 ; and improving effective alternatives to detention based on individual coaching and case - management in the community , in particular in relation to unaccompanied minors and families .


### strengthening cooperation with third countries and their capacities to implement readmission agreements and other arrangements , and enable sustainable return . ### strengthening cooperation with third countries to enable sustainable reintegration .


### conducting asylum procedures ; ### conducting asylum procedures and ensuring access to legal aid and interpretation for asylum applicants at all stages of the procedure ;


### 70 % for the number of crossings of the external border at authorised border crossing points ; ### 60 % for the number of crossings of the external border at authorised border crossing points ;


### infrastructures , buildings , systems and services required at border crossing points , in hotspot areas and for border surveillance between border crossing points to prevent and tackle unauthorised border crossings , illegal immigration and cross - border crime at the external borders , as well as to guarantee the smooth flows of legitimate travellers ; ### infrastructures , buildings , systems and services required at border crossing points , in hotspot areas and for border surveillance between border crossing points to prevent and tackle unauthorised border crossings , &#160 ; irregular immigration and cross - border crime at the external borders , as well as to guarantee the smooth flows of legitimate travellers and the effective management of migration flows , including measures related to the referral of persons who are in need of , or wish to apply for , international protection while always ensuring a dignified treatment of the persons concerned ;


### secondment of joint liaison officers to third countries as defined in regulation no … / … [ new ilo regulation ] 69 and secondment of border guards and other relevant experts to member states or from a member state to a third country , reinforcement of cooperation and operational capacity of networks of experts or liaison officers , as well as exchange of best practices and boosting the capacity of european networks to assess , promote , support and develop union policies ; _________________ 69 oj l [ … ] , [ … ] . p . ### secondment of border guards and other relevant experts to member states , reinforcement of cooperation and operational capacity of networks of experts or liaison officers , as well as exchange of best practices and boosting the capacity of european networks to assess , promote , support and develop union policies ;


### specific objective 1 : supporting effective european integrated border management at the external borders implemented by the european border and coast guard as a shared responsibility of the european border and coast guard agency and of the national authorities responsible for border management , to facilitate legitimate border crossings , to prevent and detect illegal immigration and cross - border crime and to effectively manage migratory flows : ### specific objective 1 : supporting effective european integrated border management at the external borders implemented by the european border and coast guard as a shared responsibility of the european border and coast guard agency and of the national authorities responsible for border management , to facilitate legitimate border crossings , to prevent and detect&#160 ; irregular immigration and cross - border crime and to effectively manage migratory flows :


### 30% for the number of third - country nationals refused entry at the external border . ### 20% for the number of third - country nationals refused entry at the external border .


### the commission shall implement information and communication actions relating to this instrument , its actions and results . financial resources allocated to this instrument shall also contribute to the corporate communication on the political priorities of the union , as far as they are related to the objectives of this regulation . ### the commission shall implement information and communication actions relating to the implementation of this instrument , its actions and results . in particular , the commission shall publish information concerning the development of the annual and multiannual programmes of the thematic facility . the commission shall also publish the list of operations , projects and contracts selected for support under the thematic facility on a publicly available website and shall update that list at least every three months . financial resources allocated to this instrument shall also contribute to the corporate communication on the implementation of political priorities of the union , as far as they are related to the objectives of this regulation . in particular , the commission may promote best practices and exchange information as regards to the implementation of the instrument .


### with a view to improving the management of the external borders , to contribute to preventing and combating irregular migration and to contribute to a high level of security within the area of freedom , security and justice of the union , the instrument should support the development of large - scale it systems , based on existing or new it systems . it should also support the setting - up of interoperability between those eu information systems 23 , the visa information system 24 , the european travel information and authorisation system 25 , eurodac26 , the schengen information system 27 and the european criminal records information system for third - country nationals ) 28 in the member states , in order for these eu information systems and their data to supplement each other . the instrument should also contribute to the necessary developments at national level following the implementation of the interoperability components at central level , a shared biometric matching service , a common identity repository and a multiple - identity detector ) 29 . _________________ 23 regulation 2017 / 2226 of 30 november 2017 establishing an entry / exit system to register entry and exit data and refusal of entry data of third - country nationals crossing the external borders of the member states and determining the conditions for access to the ees for law enforcement purposes , and amending the convention implementing the schengen agreement and regulations no 767 / 2008 and no 1077 / 2011 . 24 regulation no 767 / 2008 / ec of the european parliament and of the council of 9 july 2008 concerning the visa information system and the exchange of data between member states on short - stay visas . 25 com 731 final of 16 november 2016 . 26 com 272 final / 2 of 4 may 2016 . 27 com 881 final , 882 final and 883 final of 21 december 2016 . 28 com 344 final of 29 june 2017 . 29 com 794 final of 12 december 2017 . ### with a view to improving the management of the external borders , to contribute to preventing and combating irregular migration and to contribute to a high level of security within the area of freedom , security and justice of the union , the instrument should support the development of existing large - scale it systems . it should also support the setting - up of interoperability between those eu information systems 23 , the visa information system 24 , the european travel information and authorisation system 25 , eurodac26 , the schengen information system 27 and the european criminal records information system for third - country nationals ) 28 in the member states , in order for these eu information systems and their data to supplement each other . _________________ 23 regulation 2017 / 2226 of 30 november 2017 establishing an entry / exit system to register entry and exit data and refusal of entry data of third - country nationals crossing the external borders of the member states and determining the conditions for access to the ees for law enforcement purposes , and amending the convention implementing the schengen agreement and regulations no 767 / 2008 and no 1077 / 2011 . 24 regulation no 767 / 2008 / ec of the european parliament and of the council of 9 july 2008 concerning the visa information system and the exchange of data between member states on short - stay visas . 25 com 731 final of 16 november 2016 . 26 com 272 final / 2 of 4 may 2016 . 27 com 881 final , 882 final and 883 final of 21 december 2016 . 28 com 344 final of 29 june 2017 .


### the european border and coast guard agency shall provide the commission with a report on the breakdown of resources as regards external land borders , external sea borders and airports , as referred to in paragraph 1 . ### the european border and coast guard agency shall provide the commission with a report on the breakdown of resources as regards external land borders , external sea borders and airports , as referred to in paragraph 1 . the commission shall make the report publicly available .


### to promote the implementation of the european integrated border management defined by its components in accordance with article 4 of regulation 2016 / 1624 : border control , search and rescue during border surveillance , risk analysis , cooperation between member states , inter - agency cooperation , cooperation with third countries , technical and operational measures within the schengen area related to border control and designed to address illegal immigration and to counter cross - border crime better , use of state - of - the - art technology , quality control and solidarity mechanisms , and to ensure that it becomes an operational reality , member states should be provided with adequate union financial support . ### to promote the implementation of the european integrated border management defined by its components in accordance with article 4 of regulation 2016 / 1624 : border control , search and rescue during border surveillance , risk analysis , cooperation between member states , inter - agency cooperation and cooperation with eu ' s external action such as civilian crisis management , cooperation with third countries , technical and operational measures within the schengen area related to border control and designed to address irregular immigration and to counter cross - border crime better , use of state - of - the - art technology , quality control and solidarity mechanisms , and to ensure that it becomes an operational reality , member states should be provided with adequate union financial support .


### supporting the common visa policy to facilitate legitimate travel and prevent migratory and security risks . ### supporting the common visa policy to facilitate legitimate travel and prevent security risks .


### secondment of joint liaison officers to third countries as defined in regulation no … / … [ new ilo regulation ] 69and secondment of border guards and other relevant experts to member states or from a member state to a third country , reinforcement of cooperation and operational capacity of networks of experts or liaison officers , as well as exchange of best practices and boosting the capacity of european networks to assess , promote , support and develop union policies ; _________________ 69 oj l [ … ] , [ … ] . p . ### secondment of joint liaison officers to third countries as defined in regulation no … / … [ new ilo regulation ] 69 and secondment of border guards and other relevant experts to member states , reinforcement of cooperation and operational capacity of networks of experts or liaison officers , as well as exchange of best practices and boosting the capacity of european networks to assess , promote , support and develop union policies ; _________________ 69 oj l [ … ] , [ … ] . p .


### setting up , operating and maintaining large - scale it systems in the area of border management , including the interoperability of these it systems and their communication infrastructure . ### operating and maintaining large - scale it systems in the area of border management , including the interoperability of these it systems and their communication infrastructure .


### the mid - term and the retrospective evaluation shall be carried out in a timely manner to feed into the decision - making process in accordance with the timeline set out article 40 of regulation no … / … [ cpr ] . ### the mid - term and the retrospective evaluation shall be carried out in a timely manner to feed into the decision - making process in accordance with the provisions set out in article 14 and the timeline set out in article 40 of regulation no … / … [ cpr ] .


### infrastructures , buildings , systems and services required at border crossing points , in hotspot areas and for border surveillance between border crossing points to prevent and tackle unauthorised border crossings , illegal immigration and cross - border crime at the external borders , as well as to guarantee the smooth flows of legitimate travellers ; ### infrastructures , buildings , systems and services required at border crossing points , in hotspot areas and for border surveillance between border crossing points to prevent and tackle unauthorised border crossings , illegal immigration and cross - border crime at the external borders , as well as to guarantee the smooth flows of legitimate travellers and the effective management of migration flows , including measures related to the referral of persons who are in need of , or wish to apply for , international protection while always ensuring a dignified treatment of the persons concerned ;


### to ensure a uniform and high - quality external border control and to facilitate legitimate travel across the external borders , the instrument should contribute to the development of european integrated border management that includes all the measures involving policy , law , systematic cooperation , burden - sharing , assessment of the situation and changing circumstances regarding crossing points for irregular migrants , personnel , equipment and technology taken at different levels by the competent authorities of the member states and by the european border and coast guard agency , acting in cooperation with other actors such as third countries and other eu bodies , in particular the european agency for the operational management of large - scale it systems in the area of freedom , security and justice , europol and international organisations . ### to ensure a uniform and high - quality external border control and to facilitate legitimate travel across the external borders , the instrument should contribute to the development of european integrated border management that includes all the measures involving policy , law , systematic cooperation , burden - sharing , assessment of the situation and changing circumstances regarding crossing points for irregular migrants , personnel , equipment and technology taken at different levels by the competent authorities of the member states and by the european border and coast guard agency , acting in cooperation with other actors such as other eu bodies , in particular the european agency for the operational management of large - scale it systems in the area of freedom , security and justice , europol and international organisations .


### as part of the integrated border management fund , the policy objective of the instrument shall be ensuring strong and effective european integrated border management at the external borders while safeguarding the free movement of persons within it , in full compliance with the union ' s commitments on fundamental rights , thereby contributing to guaranteeing a high level of security in the union . ### as part of the integrated border management fund , the policy objective of the instrument shall be ensuring effective european integrated border management at the external borders while safeguarding the free movement of persons within it , in full compliance with the union ' s acquis and international obligations of the union and its member states arising from international instruments to which they are signatory .


### setting up , operating and maintaining large - scale it systems in the area of the common policy on visas , including the interoperability between these it systems and their communication infrastructure . ### operating and maintaining large - scale it systems in the area of the common policy on visas , including the interoperability between these it systems and their communication infrastructure .


### funding from the thematic facility shall address priorities with a high added value to the union or be used to respond to urgent needs , in line with agreed union priorities as outlined in annex ii . ### funding from the thematic facility shall address priorities with a high added value to the union or be used to respond to urgent needs , in line with agreed union priorities as outlined in annex ii . for the preparation of the working programmes , the commission shall consult the organisations which represent the partners at union level , including civil society , in line with article 6 of the regulation … / … [ cpr ] . the european commission should seek to allocate a reasonable minimum percentage of funding to civil society organisations under this instrument .


### member states using operating support shall comply with the union acquis on borders and visas . ### member states using operating support shall comply with the union acquis .


### as part of the integrated border management fund , the policy objective of the instrument shall be ensuring strong and effective european integrated border management at the external borders while safeguarding the free movement of persons within it , in full compliance with the union ' s commitments on fundamental rights , thereby contributing to guaranteeing a high level of security in the union . ### as part of the integrated border management fund , the policy objective of the instrument shall be ensuring effective european integrated border management at the external borders , in full compliance with the union&#160 ; law and the international legal obligations of the union and member states .


### enhancing inter - agency cooperation at national level among the national authorities responsible for border control or for tasks carried out at the border , and at eu level between the member states , or between the member states , on the one hand , and the relevant union bodies , offices and agencies or third countries , on the other ; ### enhancing inter - agency cooperation at national level among the national authorities responsible for border control or for tasks carried out at the border , and at eu level between the member states , or between the member states , on the one hand , and the relevant union bodies , offices and agencies , on the other ;


### specific objective 1 : supporting effective european integrated border management at the external borders implemented by the european border and coast guard as a shared responsibility of the european border and coast guard agency and of the national authorities responsible for border management , to facilitate legitimate border crossings , to prevent and detect illegal immigration and cross - border crime and to effectively manage migratory flows ; ### specific objective 1 : supporting effective european integrated border management at the external borders implemented by the european border and coast guard as a shared responsibility of the european border and coast guard agency and of the national authorities responsible for border management , to facilitate legitimate border crossings , to prevent and detect irregular immigration and cross - border crime and to effectively manage migratory flows ;


### immigration liaison officers need to process personal data to facilitate return operations . the third countries of return are not often subject to adequacy decisions adopted by the commission under article 45 of regulation 2016 / 679 , or under article 36 of directive 2016 / 680 , and have often not concluded or do not intend to conclude a readmission agreement with the union or otherwise provide for appropriate safeguards within the meaning of article 46 of regulation 2016 / 679 or within the meaning of the national provisions transposing article 37 of directive 2016 / 680 . despite the extensive efforts of the union in cooperating with the main countries of origin of illegally staying third - country nationals subject to an obligation to return , it is not always possible to ensure such third countries systematically fulfil the obligation established by international law to readmit their own nationals . readmission agreements , concluded or being negotiated by the union or the member states and providing for appropriate safeguards for the transfer of data to third countries pursuant to article 46 of regulation 2016 / 679 or pursuant to the national provisions transposing article 36 of directive 2016 / 680 , cover a limited number of such third countries . in the situation where such agreements do not exist , personal data should be transferred by immigration liaison officers for the purposes of implementing the return operations of the union , in line with the conditions laid down in article 49 of regulation 2016 / 679 or in the national provisions transposing article 38 of directive 2016 / 680 are met . ### immigration liaison officers may need to process personal data to facilitate reintegration of returning third - country nationals . the third countries of return are not often subject to adequacy decisions adopted by the commission under article 45 of regulation 2016 / 679 , or under article 36 of directive 2016 / 680 , and have often not concluded a readmission agreement with the union or otherwise provide for appropriate safeguards within the meaning of article 46 of regulation 2016 / 679 or within the meaning of the national provisions transposing article 37 of directive 2016 / 680 . readmission agreements , concluded or being negotiated by the union or the member states and providing for appropriate safeguards for the transfer of data to third countries pursuant to article 46 of regulation 2016 / 679 or pursuant to the national provisions transposing article 36 of directive 2016 / 680 , cover a number of third countries . in the situation where such agreements do not exist , personal data should be transferred by immigration liaison officers for the purposes of facilitating the reintegration of returning third - country nationals , in line with the conditions laid down in article 49 of regulation 2016 / 679 or in the national provisions transposing article 38 of directive 2016 / 680 are met .


### ways and means to facilitate return , readmission and reintegration ; ### ways and means to facilitate the dignified and human - rights compliant return , readmission and effective reintegration ;


### to ensure the effective implementation of the union policies on immigration in all their aspects , consistent dialogue and cooperation should be pursued with key third countries of origin and transit of migrants and asylum seekers . such cooperation should provide for better management of immigration , including departures and returns , contribute to the stabilisation of migrants ' flows , support capacity to gather and share information , and prevent and counter migrant smuggling and trafficking in human beings , as well as asylum seekers ' access to protection . ### to ensure the effective implementation of the union migration and asylum policies in all their aspects , consistent dialogue and cooperation should be pursued on the global level . such cooperation should provide for better management of migration , including departures , mobility partnerships , the development of regular channels for asylum and migration , returns and reintegration , contribute to the regularisation of migrants ' arrivals , support capacity to gather and share information , and prevent and counter migrant smuggling and trafficking in human beings , as well as ensuring asylum seekers ' access to protection .


### a representative of one of the member states , deployed abroad by the immigration service , law enforcement or other competent authorities in order to establish and maintain contacts with the authorities of a third country with a view to contributing to the prevention and combating of illegal immigration , the return of illegally staying third - country nationals and the management of legal immigration ; ### a representative of one of the member states , deployed abroad by the immigration service or other competent authorities in order to establish and maintain contacts with the authorities of a third country with a view to contributing to the prevention and combating of irregular migration , the return of irregularly staying third - country nationals and the management of legal migration ;


### immigration liaison officers and members of the steering board shall ensure that all relevant information and statistics are uploaded and exchanged via the secure web - based information exchange platform set up and maintained by the commission . that information shall include at least the following elements : ### immigration liaison officers and members of the steering board shall ensure that all relevant anonymised&#160 ; information and statistics are made public . that information shall include at least the following elements :


### asylum seekers ' access to protection in the third country ; ### asylum seekers ' access to effective protection in the third country and conditions of reception , including information on detention of asylum seekers and conditions of such detention ;


### since the objectives of this regulation , which are to optimise utilisation of immigration liaison officers deployed by member states , commission and eu agencies to third countries in order to more effectively implement union priorities regarding preventing and combatting illegal immigration , facilitating return , readmission and reintegration , contributing to integrated management of union’s external borders , as well as supporting management of legal immigration or international protection schemes , cannot be sufficiently achieved by the member states alone but are better achieved through coordination at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve those objectives . ### since the objectives of this regulation , which are to optimise utilisation of immigration liaison officers deployed by member states , commission and eu agencies to third countries in order to more effectively implement union priorities of promoting human rights - based migration and asylum policies , ensuring a better management of migration , gradually substitute irregular migration with adequate regular channels for asylum and migration , ensuring access to international protection , resettlement , humanitarian visas and other channels for asylum seekers to seek protection in the union , and supporting management of legal migration , including for migrant workers and their families , for students and for family reunification , preventing and combatting smuggling of migrants and trafficking in human beings , facilitating dignified and human rights - based return , readmission and reintegration activities , contributing to integrated management of union ' s external borders , and pre - departure integration measures undertaken by member states and the union , cannot be sufficiently achieved by the member states alone but are better achieved through coordination at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve those objectives .


### the objective of union policy in the field of migration is to replace irregular and uncontrolled flows with safe and well - managed pathways through a comprehensive approach addressing all aspects of immigration . ### union policy in the field of migration should be based on actual migrant figures , a comprehensive approach based on full respect for human rights and on principles of solidarity and responsibility in order to take account of all aspects of migration , namely all movements , both arrivals and departures , irrespective of the motivation and nationality of origin of each person concerned .


### possible legal immigration strategies and channels between the union and third countries , including resettlement and other protection tools as well as skills and labour market needs ; ### legal immigration strategies to be promoted and existing&#160 ; channels or channels to be developed between the union and third countries , including resettlement , humanitarian visas and other protection tools as well as mobility partnerships , labour migration , visas for students and family reunification ;


### passenger lists for return flights to third countries ; ### passenger lists for return flights from the union to a third country with a view of ensuring effective access to reintegration measures for returning third - country nationals ;


### the objective of this regulation is to ensure better coordination and optimise utilisation of liaison officers deployed to third countries by member states , the commission and union agencies in order to respond more effectively to the eu priorities of preventing and combatting illegal immigration and related cross - border criminality such as smuggling of migrants and trafficking in human beings , facilitating return , readmission and reintegration activities , contributing to integrated management of union ' s external borders , as well as supporting management of legal immigration , including in the area of international protection , resettlement and pre - departure integration measures undertaken by member states and union . ### the objective of this regulation is to ensure better coordination and optimise utilisation of the various areas of expertise of liaison officers deployed to third countries by member states , the commission and union agencies in order to respond more effectively to the eu priorities of preventing irregular immigration , combating related cross - border criminality such as smuggling of migrants and trafficking in human beings , facilitating return , readmission and reintegration activities , contributing to integrated management of the union ' s external borders , and supporting management of legal immigration , including in the area of international protection , resettlement and pre - departure integration measures undertaken by member states and the union .


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


### if the work schedule is entirely or mostly variable , the principle that the work schedule is variable , the amount of guaranteed paid hours , the remuneration of work performed in addition to the guaranteed hours and , if the work schedule is entirely or mostly determined , by the employer : ### if the work schedule is entirely or mostly variable , the principle that the work schedule is variable , the amount of guaranteed paid hours , the additional , higher remuneration of work performed in addition to the guaranteed hours and , if the work schedule is entirely or mostly determined , by the employer :


### member states shall ensure that , where a worker has not received in due time all or part of the documents referred to in article 4 , article 5 , or article 6 , and the employer has failed to rectify that omission within 15 days of its notification , one of the following systems shall apply : ### member states shall ensure that , where a worker has not received in due time all or part of the documents referred to in article 4 , article 5 , or article 6 , the following system applies :


### where employers are required by legislation or collective agreements to provide training to workers to carry out the work for which they are employed , it is important to ensure that such training is provided equally , including to those in non - standard forms of employment . the costs of such training should not be charged to the worker nor withheld or deducted from the worker ' s remuneration . ### where employers are required by legislation or collective agreements to provide training to workers to carry out the work for which they are employed , it is important to ensure that such training is provided equally , including to those in non - standard forms of employment , and that such training is carried out during working hours . the costs of such training should not be charged to the worker nor withheld or deducted from the worker ' s remuneration . the worker should continue to be entitled to receive remuneration during their training .


### workers should have the right to be informed about their rights and obligations resulting from the employment relationship in writing at the start of employment . the relevant information should therefore reach them at the latest on the first day of the employment . ### workers should have the right to be informed about their rights and obligations resulting from the employment relationship in writing , in paper or electronically , at the start of employment . the essential information should reach them at the latest on the first day of the employment .


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


### the rights and obligations set out in this directive shall apply to existing employment relationships as from [ entry into force date + 2 years ] . however , employers shall provide or complement the documents referred to in article 4 , article 5 and article 6 only upon request of a worker . the absence of such request shall not have the effect of excluding workers from the minimum rights established under this directive . ### the rights and obligations set out in this directive shall apply to existing employment relationships as from [ entry into force date + 2 years ] .


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


### since the adoption of council directive 91 / 533 / eec , 33 labour markets have undergone far - reaching changes due to demographic developments and digitalisation leading to the creation of new forms of employment , which have supported job creation and labour market growth . new forms of employment are often not as regular or stable as traditional employment relationships and lead to reduced predictability for the workers concerned , creating uncertainty as to applicable rights and social protection . in this evolving world of work , there is therefore an increased need for workers to be fully informed about their essential working conditions , which should occur in a written form and in a timely manner . in order adequately to frame the development of new forms of employment , workers in the union should also be provided with a number of new minimum rights aimed at promoting security and predictability in employment relationships while achieving upward convergence across member states and preserving labour market adaptability . __________________ 33 council directive 91 / 533 / ec of 14 october 1991 on an employer ' s obligation to inform employees of the conditions applicable to the contract or employment relationship . ### since the adoption of council directive 91 / 533 / eec , 33 labour markets have undergone far - reaching changes due to demographic developments and digitalisation leading to the creation of new forms of employment , which have supported job creation and labour market growth . new forms of employment , however , are often precarious and not as regular or stable as traditional employment relationships and lead to reduced predictability for the workers concerned , creating uncertainty as to applicable rights and social protection . non - standard forms of employment are particularly common among younger generations of workers . precariousness affects young people disproportionately , as their position in the labour market is already vulnerable , due to protracted transitions between education and employment and a general lack of entry - level jobs . in this evolving world of work , there is therefore an increased need for workers to be fully informed about their essential working conditions , which should occur in a written form and in a timely manner . in order to adequately frame the development of new forms of employment , protect workers in the union , and young workers in particular , workers should also be provided with a number of new minimum rights aimed at promoting quality , security and predictability in employment relationships while achieving upward convergence across member states and preserving labour market adaptability . __________________ 33 council directive 91 / 533 / ec of 14 october 1991 on an employer ' s obligation to inform employees of the conditions applicable to the contract or employment relationship .


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


### in order to ensure effectiveness of the rights provided by the union law , the personal scope of directive 91 / 533 / eec should be updated . in its case law , the court of justice of the european union has established criteria for determining the status of a worker34 which are appropriate for determining the personal scope of application of this directive . the definition of worker in article 2 is based on these criteria . they ensure a uniform implementation of the personal scope of the directive while leaving it to national authorities and courts to apply it to specific situations . provided that they fulfil those criteria , domestic workers , on - demand workers , intermittent workers , voucher based - workers , platform workers , trainees and apprentices could come within scope of this directive . __________________ 34 judgments of 3 july 1986 , deborah lawrie - blum , case 66 / 85 ; 14 october 2010 , union syndicale solidaires isère , case c - 428 / 09 ; 9 july 2015 , balkaya , case c - 229 / 14 ; 4 december 2014 , fnv kunsten , case c - 413 / 13 ; and 17 november 2016 , ruhrlandklinik , case c - 216 / 15 . ### in order to ensure effectiveness of the rights provided by the union law , the personal scope of directive 91 / 533 / eec should be updated . in its case law , the court of justice of the european union has established criteria for determining the status of a worker34 which are appropriate for determining the personal scope of application of this directive . the definition of worker in article 2 is based on these criteria . they ensure a uniform implementation of the personal scope of the directive while leaving it to national authorities and courts to apply it to specific situations . provided that they fulfil those criteria , domestic workers , on - demand workers , intermittent workers , voucher based - workers , platform workers , trainees and apprentices could come within scope of this directive . to address the precarious position of young people in the labour market , member states are encouraged to extend the application of this directive to all trainees and apprentices , regardless of whether they are paid or not . this is further supported by the jurisprudence of the court of justice , which has established that a person performing real work in the context of a traineeships , should be regarded as a worker , even if remuneration is not provided by their employer . 34a __________________ 34 judgments of 3 july 1986 , deborah lawrie - blum , case 66 / 85 ; 14 october 2010 , union syndicale solidaires isère , case c - 428 / 09 ; 9 july 2015 , balkaya , case c - 229 / 14 ; 4 december 2014 , fnv kunsten , case c - 413 / 13 ; and 17 november 2016 , ruhrlandklinik , case c - 216 / 15 . 34a judgment of the court of 9 july 2015 ender balkaya v kiesel abbruch - und recycling technik gmbh .


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


### in implementing this directive member states should avoid imposing administrative , financial and legal constraints in a way which would hold back the creation and development of small and medium - sized undertakings . member states are therefore invited to assess the impact of their transposition act on smes in order to make sure that smes are not disproportionately affected , with specific attention for micro - enterprises and for administrative burden , and to publish the results of such assessments . ### in implementing this directive member states should avoid imposing administrative , legal constraints in a way which would hold back the protection of workers of small and medium - sized undertakings . member states are therefore invited to assess the impact of their transposition act on smes in order to make sure that smes are not disproportionately affected , with specific attention for micro - enterprises , and to publish the results of such assessments .


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


### a reasonable minimum advance notice , understood as the period of time between the moment a worker is informed about a new work assignment and the moment the assignment starts , constitutes another necessary element of predictability of work for employment relationships with work schedule which are variable or mostly determined by the employer . the length of the advance notice period may vary according to the needs of sectors , while ensuring adequate protection of workers . it applies without prejudice to directive 2002 / 15 / ec of the european parliament and of the council . 40 __________________ 40 directive 2002 / 15 / ec of the european parliament and of the council of 11 march 2002 on the organisation of the working time of persons performing mobile road transport activities . ### a reasonable minimum advance notice , understood as the period of time between the moment a worker is informed about a new work assignment and the moment the assignment starts , constitutes another necessary element of predictability of work for employment relationships with work schedule which are variable or mostly determined by the employer . the length of the advance notice period should where possible be negotiated by the responsible social partners and may not fall below the standards established by this directive . it applies without prejudice to directive 2002 / 15 / ec of the european parliament and of the council . 40 __________________ 40 directive 2002 / 15 / ec of the european parliament and of the council of 11 march 2002 on the organisation of the working time of persons performing mobile road transport activities .


### member states shall ensure that where employers are required by union or national legislation or relevant collective agreements to provide training to workers to carry out the work for which they are employed , such training shall be provided cost - free to the worker . ### member states shall ensure that where employers are required by union or national legislation or relevant collective agreements or internal rules to provide training to workers to carry out the work for which they are employed , such training shall be provided cost - free to the worker . the same shall apply to training which took place before the start of the employment relationship but trained the worker for it .


### the procedure , including the length of the period of notice , to be observed by the employer and the worker should their employment relationship be terminated or , where the length of the period of notice cannot be indicated when the information is given , the method for determining such period of notice ; ### the procedure , including the length of the periods of notice , to be observed by the employer and the worker should their employment relationship be terminated or , where the length of the periods of notice cannot be indicated when the information is given , the method for determining such periods of notice ;


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


### member states shall ensure that an employer shall not prohibit workers from taking up employment with other employers , outside the work schedule established with that employer . ### member states shall prohibit employers from sanctioning or punishing workers for taking up employment with other employers .


### the purpose of this directive is to improve working conditions by promoting more secure and predictable employment while ensuring labour market adaptability . ### the purpose of this directive is to improve working conditions by promoting more secure , transparent and predictable employment while ensuring labour market adaptability .


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


### the minimum advance notice the worker shall receive before the start of a work assignment ; ### the minimum reasonable advance notice the worker shall receive before the start of work ;


### in order to help employers to provide timely information , member states should ensure the availability of templates at national level including relevant and sufficiently comprehensive information on the legal framework applicable . these templates may be further developed at sectoral or local level , by national authorities and social partners . ### in order to help employers to provide timely information , member states should ensure the availability of templates at national level including relevant and sufficiently comprehensive information on the legal framework applicable . these templates should be further developed by social partners or in their absence by authorities at sectorial , national or local level .


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


### probationary periods allow employers to verify that workers are suitable for the position for which they have been engaged while providing them with accompanying support and training . such periods may be accompanied by reduced protection against dismissal . any entry into the labour market or transition to a new position should not be subject to prolonged insecurity . as established in the european pillar of social rights , probationary periods should therefore be of reasonable duration . a substantial number of member states have established a general maximum duration of probation between three and six months , which should be considered reasonable . probationary periods may be longer than six months where this is justified by the nature of the employment such as for managerial positions and where this is in the interest of the worker , such as in the case of long illness or in the context of specific measures promoting permanent employment notably for young workers . ### probationary periods allow employers to verify that workers are suitable for the position for which they have been engaged while providing them with accompanying support and training . any entry into the labour market or transition to a new position should not be subject to prolonged insecurity . as established in the european pillar of social rights , probationary periods should therefore be of reasonable duration . a substantial number of member states have established a general maximum duration of probation between three and six months , which should be considered reasonable and should not be extended under any circumstance . probationary periods may be longer than three months only where this is in the interest of the worker , such as in the case of long illness or in the context of specific measures promoting permanent employment notably for young workers .


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


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


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


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


### any collective agreements governing the worker ' s conditions of work ; in the case of collective agreements concluded outside the business by special joint bodies or institutions , the name of the competent body or joint institution within which the agreements were concluded ; ### any collective agreements governing the worker ' s conditions of work as well as time limits laid down in the collective agreements for claims arising from those agreements ; in the case of collective agreements concluded outside the business by special joint bodies or institutions , the name of the competent body or joint institution within which the agreements were concluded , and the cut off periods if there are any ;


### member states may allow social partners to conclude collective agreements , in conformity with the national law or practice , which , while respecting the overall protection of workers , establish arrangements concerning the working conditions of workers which differ from those referred to in articles 7 to 11 . ### member states may allow social partners to conclude collective agreements , in conformity with the national law or practice , which , while fully respecting the overall protection of workers and ensuring that the minimum standards set out in this directive are not undercut , establish arrangements concerning the working conditions of workers which differ from but shall not fall below those referred to in articles 7 to 11 .


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


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


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


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


### since the adoption of council directive 91 / 533 / eec , 33 labour markets have undergone far - reaching changes due to demographic developments and digitalisation leading to the creation of new forms of employment , which have supported job creation and labour market growth . new forms of employment are often not as regular or stable as traditional employment relationships and lead to reduced predictability for the workers concerned , creating uncertainty as to applicable rights and social protection . in this evolving world of work , there is therefore an increased need for workers to be fully informed about their essential working conditions , which should occur in a written form and in a timely manner . in order adequately to frame the development of new forms of employment , workers in the union should also be provided with a number of new minimum rights aimed at promoting security and predictability in employment relationships while achieving upward convergence across member states and preserving labour market adaptability . __________________ 33 council directive 91 / 533 / ec of 14 october 1991 on an employer ' s obligation to inform employees of the conditions applicable to the contract or employment relationship . ### since the adoption of council directive 91 / 533 / eec , 33 labour markets have undergone far - reaching changes due to demographic developments and digitalisation leading to the creation of new forms of employment , which have supported job creation and labour market growth . new forms of employment , however , are often precarious and not as regular or stable as traditional employment relationships and lead to reduced predictability for the workers concerned , creating uncertainty as to applicable rights and social protection . non - standard forms of employment are particularly common among younger generations of workers . precariousness affects young people disproportionately , as their position in the labour market is already vulnerable , due to protracted transitions between education and employment and a general lack of entry - level jobs . in this evolving world of work , there is therefore an increased need for workers to be fully informed about their essential working conditions , which should occur in a written form and in a timely manner . in order to adequately frame the development of new forms of employment , protect workers in the union , and young workers in particular , workers should also be provided with a number of new minimum rights aimed at promoting quality , security and predictability in employment relationships while achieving upward convergence across member states and preserving labour market adaptability . __________________ 33 council directive 91 / 533 / ec of 14 october 1991 on an employer ' s obligation to inform employees of the conditions applicable to the contract or employment relationship .


### since the adoption of council directive 91 / 533 / eec , 33 labour markets have undergone far - reaching changes due to demographic developments and digitalisation leading to the creation of new forms of employment , which have supported job creation and labour market growth . new forms of employment are often not as regular or stable as traditional employment relationships and lead to reduced predictability for the workers concerned , creating uncertainty as to applicable rights and social protection . in this evolving world of work , there is therefore an increased need for workers to be fully informed about their essential working conditions , which should occur in a written form and in a timely manner . in order adequately to frame the development of new forms of employment , workers in the union should also be provided with a number of new minimum rights aimed at promoting security and predictability in employment relationships while achieving upward convergence across member states and preserving labour market adaptability . __________________ 33 council directive 91 / 533 / ec of 14 october 1991 on an employer ' s obligation to inform employees of the conditions applicable to the contract or employment relationship . ### since the adoption of council directive 91 / 533 / eec , 33 labour markets have undergone far - reaching changes . new forms of employment are often not as regular or stable as traditional employment relationships and lead , among others , to reduced predictability for the workers concerned , creating uncertainty as to applicable rights and social protection . in this evolving world of work , there is therefore an increased need for workers to be not only fully informed about , but also better protected as regards their essential working conditions , which should occur in a written form and in a timely manner . in order adequately to frame the development of new forms of employment , workers in the union should also be provided with a number of new minimum rights aimed at promoting security and predictability in employment relationships while achieving upward convergence across member states and preserving labour market adaptability . __________________ 33 council directive 91 / 533 / ec of 14 october 1991 on an employer ' s obligation to inform employees of the conditions applicable to the contract or employment relationship .


### the acquisition , possession or use of property , knowing at the time of receipt , that such property was derived from criminal activity or from an act of participation in such an activity . ### the acquisition , possession or use of property , that such property was derived from criminal activity or from an act of participation in such an activity .


### each member state shall ensure that a legal person held liable for offences pursuant to article 6 shall be punishable by effective , proportionate and dissuasive sanctions , which shall include criminal or non - criminal fines and may include other sanctions , such as : ### each member state shall ensure that a legal person held liable for offences pursuant to article 7 shall be punishable by effective , proportionate and dissuasive sanctions , which shall include criminal and non - criminal fines and shall include other sanctions , such as :


### in order to deter money laundering throughout the union , member states should lay down minimum types and levels of penalties when the criminal offences defined in this directive are committed . where the offence is committed within a criminal organisation within the meaning of council framework decision 2008 / 841 / jha37 8 or where the perpetrator abused their professional position to enable money laundering , member states should provide for aggravating circumstances in accordance with the applicable rules established by their legal systems . _________________ 37 council framework decision 2008 / 841 / jha of 24 october 2008 on the fight against organised crime , ### in order to deter money laundering throughout the union , member states should lay down minimum types and levels of penalties when the criminal offences defined in this directive are committed . minimum types and levels of penalties should also be laid down with respect to inciting , aiding and abetting the commission of such criminal offences . member states should provide for aggravating circumstances in accordance with the applicable rules established by their legal systems , in the following circumstances : where the offence is committed within a criminal organisation within the meaning of council framework decision 2008 / 841 / jha37 ; where the perpetrator abused their professional position to enable money laundering ; where the money or property being laundered is derived from terrorist activities as defined in directive 2017 / 541 or illicit arms trafficking ; or where the offender is a politically exposed person as defined by directive 2015 / 849 or involved in corruption of elected officials . member states should calculate the amount of fines in accordance with the gross principle , i . e . based on the profit stemming from the criminal action without deducting any costs incurred , so as to ensure that the sanction is higher than the economic value of the crime . _________________ 37 council framework decision 2008 / 841 / jha of 24 october 2008 on the fight against organised crime ,


### each member state shall ensure that a legal person held liable for offences pursuant to article 6 shall be punishable by effective , proportionate and dissuasive sanctions , which shall include criminal or non - criminal fines and may include other sanctions , such as : ### each member state shall ensure that a legal person held liable for offences pursuant to article 7 shall be punishable by effective , proportionate and dissuasive sanctions , which shall include criminal or non - criminal fines , based on the gross value of the total amount stemming from criminal activity , and may , at the judge’s discretion , include other temporary or permanent sanctions , including :


### each member state shall ensure that the offences referred to in article 3 shall be punishable by a maximum term of imprisonment of at least four years , at least in serious cases . ### each member state shall ensure that the offences referred to in article 3 shall be punishable by a maximum term of imprisonment of at least five years .


### the conditions under which the novel food may be used , in order to avoid , in particular , possible adverse effects on particular groups of the population , the exceeding of maximum intake levels and risks in case of excessive consumption ; ### where relevant , the conditions under which the novel food may be used , in order to avoid , in particular , possible adverse effects on particular groups of the population , the exceeding of maximum intake levels and risks in case of excessive consumption ;


### as regards the possible use of nanomaterials for food use , efsa considered in its opinion of 6 april 201121 on guidance on the risk assessment of the application of nanoscience and nanotechnologies in the food and feed chain that limited information is available in relation to aspects of nanotoxicokinetics and toxicology of engineered nanomaterials and that existing toxicity testing methods may need methodological modifications . in order to better assess the safety of nanomaterials for food use , the commission is developing test methods which take into account specific characteristics of engineered nanomaterials . __________________ 21 efsa journal 2011 ; 9 : 2140 . ### as regards the possible use of nanomaterials for food use , efsa acknowledged in its opinion of 6 april 201121 on guidance on the risk assessment of the application of nanoscience and nanotechnologies in the food and feed chain that the test methods currently available might not be adequate for assessing the risks associated with nanomaterials and considered , more specifically , that limited information is available in relation to aspects of nanotoxicokinetics and toxicology of engineered nanomaterials and that existing toxicity testing methods may need methodological modifications . in order to better assess the safety of nanomaterials for food use , the commission is shall therefore develop non - animal test methods which take into account specific characteristics of engineered nanomaterials as a matter of urgency . __________________ 21 efsa journal 2011 ; 9 : 2140 .


### it is appropriate to authorise a novel food by updating the union list subject to the criteria and the procedures laid down in this regulation . a procedure that is efficient , time - limited and transparent should be put in place . as regards traditional foods from third countries having a history of safe use it is appropriate to provide for a faster and simplified procedure to update the union list if no reasoned safety objections are expressed . as the updating of the union list implies the application of criteria laid down in this regulation , implementing powers should be conferred on the commission in that respect . ### it is appropriate to authorise a novel food by updating the union list subject to the criteria and the procedures laid down in this regulation . a procedure that is efficient , time - limited and transparent should be put in place . as regards traditional foods from third countries having a history of safe use it is appropriate to provide for a faster and simplified procedure to update the union list if no reasoned safety objections are expressed . the power to adopt acts in accordance with article 290 tfeu should therefore be delegated to the commission , in order to update the list .


### penalties and committee procedure ### penalties and general provisions


### the implementing powers relating to the definition of ‘ novel food’ , the consultation process for determination of novel food status , other updates of the union list , the drafting and presentation of applications or notifications for the inclusion of foods in the union list , the arrangements for checking the validity of applications or notifications , confidentiality treatment and transitional provisions , should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council22 . __________________ 22 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission’s exercise of implementing powers . ### the implementing powers relating to the definition of ‘ novel food’ , the drafting and presentation of applications or notifications for the inclusion of foods in the union list , the arrangements for checking the validity of applications or notifications , should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council22 . __________________ 22 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission’s exercise of implementing powers .


### the procedure for authorising the placing on the market within the union of a novel food and updating of the union list provided for in article 8 shall start either on the commission ' s initiative or following an application to the commission by an applicant . ### the procedure for authorising the placing on the market within the union of a novel food and updating of the union list provided for in article 8 shall start either on the commission ' s initiative or following an application to the commission by an applicant . the commission shall forward the application to member states and make it available to the public on its website .


### additional specific labelling requirements to inform the final consumer of any specific characteristic or food property , such as the composition , nutritional value or nutritional effects and intended use of the food , which renders a novel food no longer equivalent to an existing food or of implications for the health of specific groups of the population ; ### where relevant , additional specific labelling requirements to inform the final consumer of any specific characteristic or food property , such as the composition , nutritional value or nutritional effects and intended use of the food , which renders a novel food no longer equivalent to an existing food or of implications for the health of specific groups of the population ; if a novel food consists of , or contains ingredients in the form of engineered nanomaterials , this shall be clearly indicated in the list of ingredients , and the names of such ingredients shall be followed by the word ' nano ' in brackets ;


### whether the history of safe food use in a third country is substantiated by reliable data submitted by the applicant in accordance with articles 13 and 15 ; ### whether the history of safe food use in a third country is substantiated by reliable data submitted by the applicant in accordance with articles 13 and 15 as well as requirements laid down in article 10 .


### emerging technologies in food production processes may have an impact on food and thereby on food safety . therefore , it should also be clarified that a food should be considered as a novel food where a production process which was not previously used for food production in the union is applied to that food or when foods contain or consist of engineered nanomaterials , as defined in article 2 of regulation no 1169 / 2011 of the european parliament and of the council16 . __________________ 16 regulation no 1169 / 2011 of the european parliament and of the council of 25 october 2011 on the provision of food information to consumers , amending regulation no 1924 / 2006 and no 1925 / 2006 of the european parliament and of the council , and repealing commission directive 87 / 250 / eec , council directive 90 / 496 / eec , commission directive 1999 / 10 / ec , directive 2000 / 13 / ec of the european parliament and of the council , commission directive 2002 / 67 / ec and 2008 / 5 / ec and commission regulation . ### emerging technologies in food production processes have an impact on food and thereby on food safety , consumer health and the environment . therefore , it should also be clarified that a food should be considered as a novel food where a production process which was not previously used for food production in the union is applied to that food .


### a high level of protection of human health and of consumers’ interests and the effective functioning of the internal market should be assured in the pursuit of union food policies , whilst ensuring transparency . ### a high level of protection of human health and of consumers’ interests , of the environment and animal welfare , and the effective functioning of the internal market should be assured in the pursuit of union food policies , whilst ensuring transparency . at all times , moreover , the precautionary principle as laid down in regulation no 178 / 2002 of the european parliament and of the council of 28 january 2002 laying down the general principles and requirements of food law , establishing the european food safety authority and laying down procedures in matters of food safety 1 a , should be applied . ____________ 1 a oj l 31 , 1 . 2 . 2002 , p . 1 .


### this regulation lays down rules for the placing of novel foods on the market within the union in order to ensure the effective functioning of the internal market while providing a high level of protection of human health and consumer interests . ### this regulation lays down rules for the placing of novel foods on the market within the union in order to ensure the effective functioning of the internal market while providing a high level of protection of human health and consumer interests and prohibiting the placing on the market of foods in which nanomaterials are used .


### it should be clarified that foods from third countries which are regarded as novel foods in the union should only be considered as traditional foods from third countries when they are derived from primary production as defined in article 3 of regulation no 178 / 2002 , regardless of whether or not they are processed or unprocessed foods . therefore , where a new production process has been applied to this food or where the food contains or consists of ‘ engineered nanomaterials’ as defined in article 2 of regulation no 1169 / 2011 , the food should not be considered to be traditional . ### it should be clarified that foods from third countries which are regarded as novel foods in the union should only be considered as traditional foods from third countries when they are derived from primary production as defined in article 3 of regulation no 178 / 2002 , regardless of whether or not they are processed or unprocessed foods . therefore , where a new production process has been applied to this food or where the food contains or consists of engineered nanomaterials , the food should not be considered to be traditional .


### the determination of whether a food was used for human consumption to a significant degree within the union before 15 may 1997 should be based on information submitted by food business operators and , where appropriate , supported by other information available in the member states . food business operators should consult member states if they are unsure of the status of the food they intend to place on the market . when there is no information or insufficient information available on human consumption before 15 may 1997 , a simple and transparent procedure , involving the commission , the member states and food business operators , should be established for collecting such information . implementing powers should be conferred on the commission to specify the procedural steps of such consultation process . ### the determination of whether a food was used for human consumption to a significant degree within the union before 15 may 1997 should be based on information submitted by food business operators and , where appropriate , supported by other information available in the member states . food business operators should consult member states if they are unsure of the status of the food they intend to place on the market . when there is no information or insufficient information available on human consumption before 15 may 1997 , a simple and transparent procedure should be established for collecting such information .


### when there is a significant change in the production process of a substance that has been used in accordance with directive 2002 / 46 / ec , regulation no 1925 / 2006 or regulation no 609 / 2013 , or a change in particle size of such a substance , for example through nanotechnology , it may have an impact on food and thereby on food safety . therefore , that substance should be considered a novel food under this regulation and should be re - evaluated first in accordance with this regulation and subsequently in accordance with the relevant specific legislation . ### when there is a significant change in the production process of a substance that has been used in accordance with directive 2002 / 46 / ec , regulation no 1925 / 2006 or regulation no 609 / 2013 , it has an impact on food and thereby on food safety , consumer health and the environment . therefore , that substance should be considered a novel food under this regulation and should be re - evaluated first in accordance with this regulation and subsequently in accordance with the relevant specific legislation . where there is a change in the particle size of such a substance , for example through the use of nanotechnology , the substance shall be prohibited .


### novel foods should not be placed on the market or used in food for human consumption unless they are included in a union list of novel foods authorised to be placed on the market within the union . therefore , it is appropriate to establish , by means of an implementing act , a union list of novel foods by entering novel foods already authorised or notified in accordance with article 4 , 5 or 7 of regulation no 258 / 97 in the union list , including any existing authorisation conditions . as those novel foods have already been evaluated for their safety , have been legally produced and marketed in the union and have not given rise to health concerns in the past , the advisory procedure should be used for the initial establishment of the union list . ### novel foods should not be placed on the market or used in food for human consumption unless they are included in a union list of novel foods authorised to be placed on the market within the union . therefore , it is appropriate to establish a union list of novel foods by entering novel foods already authorised or notified in accordance with article 4 , 5 or 7 of regulation no 258 / 97 in the union list , including any existing authorisation conditions .


### where reasoned safety objections , based on scientific evidence , are submitted to the commission in accordance with paragraph 2 , the commission shall not authorise the placing on the market of the traditional food concerned nor update the union list . ### where reasoned objections , based on scientific evidence , are submitted to the commission in accordance with paragraph 2 , the commission shall not authorise the placing on the market of the traditional food concerned nor update the union list .


### the commission shall forward the valid notification provided for in article 13 without delay to the member states and to efsa . ### the commission shall forward the valid notification provided for in article 13 without delay to the member states and to efsa and shall make it available to the public on its website .


### within nine months from the date of publication of efsa ' s opinion , the commission shall submit to the committee referred to in article 27 a draft implementing act updating the union list taking account of : ### within nine months from the date of publication of efsa ' s opinion , the commission shall be empowered to present a draft delegated act in accordance with article 26 updating the union list taking account of :