### if the council addresses to a member state a recommendation in accordance with article 121 of the treaty to take the necessary adjustment measures in the event of persisting or particularly serious and significant deviations from prudent fiscal policy - making as laid down in article 6 of regulation no 1466 / 97 , the lodging of an interest bearing deposit shall be imposed by the council , acting on a proposal from the commission . the decision shall be deemed to be adopted by the council unless it decides by qualified majority to reject the proposal within ten days of the commission adopting it . the council may amend the proposal in accordance with article 293 of the treaty . ### if the council addresses to a member state a recommendation in accordance with article 121 of the treaty to take the necessary adjustment measures in the event of persisting or particularly serious and significant deviations from sustainable fiscal policy - making as laid down in article 6 of regulation no 1466 / 97 , and whenever credits referred to in article 2a reach a negative value the lodging of an interest bearing deposit shall be imposed by the council , acting on a proposal from the commission . the decision shall be deemed to be adopted by the council unless it decides by simple majority to reject the proposal within thirty days of the commission adopting it . the council may amend the proposal in accordance with article 293 of the treaty .


### if the council decides in accordance with article 126 of the treaty that an excessive deficit exists in a member state , the lodging of a non - interest - bearing deposit shall be imposed by the council , acting on a proposal from the commission . the decision shall be deemed adopted by the council unless it decides by qualified majority to reject the proposal within ten days of the commission adopting it . the council may amend the proposal in accordance with article 293 of the treaty . ### if the council decides in accordance with article 126 of the treaty that an excessive deficit exists in a member state , and whenever credits referred to in article 2a reach a negative value the lodging of a non - interest - bearing deposit shall be imposed by the council , acting on a proposal from the commission . the decision shall be deemed adopted by the council unless it decides by simple majority to reject the proposal within thirty days of the commission adopting it . the council may amend the proposal in accordance with article 293 of the treaty .


### the european union is confronted with structural challenges arising from economic globalisation , technological change and an increasingly ageing workforce and growing skills and labour shortages in some sectors and regions . they have been compounded by the recent economic and financial crisis , which has resulted in increased levels of unemployment , hitting in particular young people and other vulnerable groups , such as migrants . the esf should aim to promote employment and support labour mobility , invest in education , skills and life - long learning , promote social inclusion and combat poverty . in promoting the better functioning of labour markets by enhancing the transnational geographical mobility of workers , the esf should , in particular , support european employment services in relation to recruitment and the related information , advice and guidance services at national and cross - border level . ### the european union is confronted with structural challenges arising from economic globalisation , technological change and an increasingly ageing workforce and growing skills and labour shortages in some sectors and regions . they have been compounded by the recent economic and financial crisis , which has resulted in increased levels of unemployment , hitting in particular young people and other vulnerable groups , such as migrants , refugees and asylum seekers . the esf should aim to promote quality employment with particular attention to those who are the furthest from the labour market and support labour mobility , invest in education , skills and life - long learning , promote social inclusion , combat poverty and discrimination . in promoting the better functioning of labour markets by enhancing the transnational geographical mobility of workers , the esf should , in particular , support european employment services and related eures activities especially the eures cross - border partnerships in relation to recruitment and the related information , advice and guidance services at national and cross - border level , taking into account particularly cross border workers .


### in addition to these priorities , in the less developed regions and member states , and with a view to increasing economic growth and employment opportunities , the efficiency of public administration should be improved and the institutional capacity of stakeholders delivering employment , education and social policies should be strengthened . ### in addition to the thematic priorities of article 9 in the regulation [ . . . ] [ cpr ] , in regions and member states , and with a view to increasing economic growth and employment opportunities , the efficiency of public administration on the national and regional level and the ability of a public administration to act in a participative matter should be improved and the institutional capacity of stakeholders delivering employment , education , socio - cultural and social policies should be strengthened .


### the mobilisation of regional and local stakeholders is necessary to deliver the europe 2020 strategy and its headline targets . territorial pacts , local initiatives for employment and social inclusion , community - led local development strategies and sustainable urban development strategies may be used and supported to involve more actively regional and local authorities , cities , social partners and non - governmental organisations in the implementation of programmes . ### the mobilisation of regional and local stakeholders is necessary to deliver the europe 2020 strategy and its headline targets . territorial pacts , local initiatives for employment and social inclusion , community - led local development strategies and sustainable urban development strategies may be used and supported to involve more actively regional and local authorities , cities , social partners and non - governmental organisations in the preparation , implementation , monitoring and evaluation whenever part of operational programmes . a member state shall include those institutions , organisations and groups in the partnership that represent the territorial level concerned and that might influence or that might be affected by the implementation of the operational programmes . specific attention shall be paid to groups that might be affected by the programmes and may suffer difficulties to influence them , in particular the most vulnerable and marginalised groups . the cooperation with the partners shall follow the best practices forming the basis of the code of conduct referred to in article 5 . at least 5% of the esf - resources allocated at national level shall be allocated for actions under the integrated territorial investments as it is lay down in article 99 of the regulation [ . . . ] [ cpr ] .


### the esf shall promote high levels of employment and job quality , support the geographical and occupational mobility of workers , facilitate their adaptation to change , encourage a high level of education and training , promote gender equality , equal opportunities and non - discrimination , enhance social inclusion and combat poverty , thereby contributing to the priorities of the european union as regards strengthening economic , social and territorial cohesion . ### the esf shall promote high levels of employment , job creation and job quality , facilitate their adaptation to change , support the voluntary geographical and occupational mobility , provide support for workers made redundant , encourage a high level of education and training , promote gender equality , equal opportunities and non - discrimination , enhance social inclusion and combat poverty , thereby contributing to the priorities of the european union as regards strengthening economic , social and territorial cohesion .


### the esf shall benefit people , including disadvantaged groups such as the long - term unemployed , people with disabilities , migrants , ethnic minorities , marginalised communities and people facing social exclusion . the esf shall also provide support to enterprises , systems and structures with a view to facilitating their adaptation to new challenges and promoting good governance and the implementation of reforms , in particular in the fields of employment , education and social policies . ### the esf shall benefit people , including disadvantaged groups such as the long - term unemployed and those who are furthest from the labour market , people with disabilities , migrants , refugees and asylum seekers , homeless people , and other groups at risk of poverty , children and young people , elderly people , ethnic minorities , marginalised communities or communities at risk of marginalisation and people facing social exclusion . the esf shall also provide support to enterprises , to microenterprises and to cooperative enterprises which promote the interests of their members and users as well as solutions to societal challenges , and are in the social economy . the esf shall also provide support to organisations , systems and structures with a view to facilitating their adaptation to new challenges and promoting good governance and the implementation of reforms , in particular in the fields of socio - cultural and cultural activity , employment , education , non - discrimination and social policies .


### equality between men and women and reconciliation between work and private life ; ### equality between men and women in the labour market and equality in career progression , economic independence of women and men and reconciliation between work and private life ;


### investing in education , skills and life - long learning through : ### investing in education , skills , training and life - long learning through :


### enhancing access to lifelong learning , upgrading the skills and competences of the workforce and increasing the labour market relevance of education and training systems ; ### enhancing access to lifelong learning , upgrading and retraining the skills and competences of persons and increasing their informal as well as non - formal learning as well as increasing the labour market relevance of training systems ; promoting the transition between education , training and employment ;


### the involvement of the social partners and other stakeholders , in particular non - governmental organisations , in the implementation of operational programmes , as referred to in article 5 of regulation no [ &#8230 ; ] , may take the form of global grants as defined in article 113 of regulation no [ &#8230 ; ] . in such a case , the operational programme shall identify the part of the programme concerned by the global grant , including an indicative financial allocation from each priority axis to it . ### the involvement of the social partners and other stakeholders , in particular non - governmental organisations taking into account such , which act at the regional and local levels , in the implementation of operational programmes , also such partners as referred to in article 5 under a ) , b ) and c ) of regulation no [ . . . ] , take the form of global grants as defined in article 113 of regulation no [ . . . ] . in such a case , the operational programme shall identify one part of the programme concerned by the global grant , including an indicative financial allocation from each priority axis .


### to encourage adequate participation of the social partners in actions supported by the esf , managing authorities of an operational programme in a region as defined in article 82 of regulation no [ … ] or in member states eligible for cohesion fund support shall ensure that an appropriate amount of esf resources is allocated to capacity - building activities , in the form of training , networking measures , and strengthening of the social dialogue , and to activities jointly undertaken by the social partners . ### to encourage adequate participation of the social partners in actions supported by the esf , managing authorities shall ensure that an appropriate amount of esf resources , minimum 2% of the total esf resources in each member state is allocated to capacity - building activities , in the form of training , networking measures , and strengthening of the social dialogue , and to activities jointly undertaken by the social partners .


### to encourage adequate participation of and access by non - governmental organisations to actions supported by the esf , notably in the fields of social inclusion , gender equality and equal opportunities , the managing authorities of an operational programme in a region as defined in article 82 of regulation no [ … ] or in member states eligible for cohesion fund support shall ensure that an appropriate amount of esf resources is allocated to capacity - building for non - governmental organisations . ### to encourage participation of and access by non - governmental organisations to actions supported by the esf , notably in the fields of social and socio - cultural inclusion , gender equality and equal opportunities , the managing authorities shall ensure that an appropriate amount of esf resources , minimum 2% of the total esf resources in each member state , is allocated to capacity - building and networking for non - governmental organisations .


### the member states and the commission shall promote equality between men and women through mainstreaming as referred to in article 7 of regulation no [ … ] and specific targeted actions as referred to in article 3 , in particular with the aim of increasing the sustainable participation and progress of women in employment , reducing gender - based segregation in the labour market , combating gender stereotypes in education and training and promoting reconciliation of work and personal life for men and women . ### the member states and the commission shall promote equality between men and women through mainstreaming as referred to in article 7 of regulation no [ . . . ] and specific targeted actions in particular with the aim of increasing the sustainable participation and progress of women in employment , reducing gender - based segregation in the labour market , combating gender stereotypes in education and training , promoting reconciliation of work and personal life for men and women , addressing the feminisation of poverty by promoting equal share of care responsibility between men and women . the member states shall ensure that gender equality and equal opportunities are promoted in the preparation , implementation , monitoring and evaluation of operational programmes with methods of the gender budgeting assessment . member states shall further allow for a balanced participation of women and men in the management and implementation of operational programmes at local , regional and national level and report on progress in this matter .


### the member states and the commission shall promote equal opportunities for all , including accessibility for disabled persons through mainstreaming the principle of non - discrimination , as referred to in article 7 of regulation no [ … ] , and through specific actions within the investment priorities as defined in article 3 , and in particular article 3 . such actions shall target people at risk of discrimination and people with disabilities , with a view to increasing their labour market participation , enhancing their social inclusion , reducing inequalities in terms of educational attainment and health status and facilitating the transition from institutional to community - based care . ### the member states and the commission shall promote equal opportunities for all , including accessibility for disabled persons through mainstreaming the principle of non - discrimination , as referred to in article 7 of regulation no [ . . . ] , and through specific actions within all relevant investment priorities as defined in article 3 , by paying particular attention to those who face multiple discriminations . such actions shall target people at risk of discrimination and people with disabilities , with a view to increasing their labour market participation , in particular improving the accessibility for the concerned of the labour market , enhancing their social inclusion , reducing inequalities in terms of educational attainment and health status and facilitating the transition from institutional to community - based care .


### the esf shall promote social innovation within all areas falling under the scope of the esf , as defined in article 3 of this regulation , in particular with the aim of testing and scaling up innovative solutions to address social needs . ### the esf shall promote social innovation within all areas falling under the scope of the esf , as defined in article 3 of this regulation , in particular with the aim of testing , evaluating and scaling up innovative solutions including bottom up solutions to address social needs .


### the commission shall facilitate transnational cooperation on the themes referred to in paragraph 2 through mutual learning and coordinated or joint action . in particular , the commission shall operate an eu - level platform to facilitate the exchange of experience , capacity building and networking , as well as dissemination of the relevant outcomes . in addition , the commission shall develop a coordinated implementation framework , including common eligibility criteria , types and timing of actions , and common methodological approaches for monitoring and evaluation , with a view to facilitating transnational cooperation . ### the commission shall facilitate transnational cooperation on the themes referred to in paragraph 2 through mutual learning and coordinated or joint action . in particular , the commission shall operate an eu - level platform to facilitate the exchange of experience , capacity building and networking , as well as dissemination of the relevant outcomes . member states shall be encouraged to build up social inclusion networks at transnational level including relevant stakeholders of the civil society . in addition , the commission shall develop a coordinated implementation framework , including common eligibility criteria , types and timing of actions , and common methodological approaches for monitoring and evaluation , with a view to facilitating transnational cooperation .


### by way of derogation from article 110 of regulation no [ … ] , the maximum co - financing rate for a priority axis shall be increased by ten percentage points , but not exceeding 100% , where the whole of a priority axis is dedicated to social innovation or to transnational cooperation , or a combination of both . ### by way of derogation from article 110 109 of regulation no [ . . . ] , the maximum co - financing rate for a priority axis shall be increased by ten percentage points , but not exceeding 100% , where the whole of a priority axis is dedicated to social innovation or to transnational cooperation , or a combination of both or refer to article 6 , paragraph .


### the esf may support community - led local development strategies , as referred to in article 28 of regulation no [ &#8230 ; ] , territorial pacts and local initiatives for employment , education and social inclusion , as well as integrated territorial investments as referred to in article 99 of regulation no [ &#8230 ; ] . ### the esf may support community - led local development strategies , as referred to in article 28 of regulation no [ . . . ] , territorial pacts and local initiatives for employment including youth employment , education , social inclusion including promotion of regional cultures and languages . the esf may be used as ' lead ' fund for integrated social inclusion projects under article 3 combined with investment priorities or actions of the erdf . at least 5% of the esf shall support integrated territorial investments as referred to in article 99 of regulation no [ . . . ]


### pursuant to article 32 of regulation no [ &#8230 ; ] , the esf may support actions and policies falling within its scope through financial instruments , such as risk - sharing schemes , equity and debt , guarantee funds , holding funds , and loan funds . ### pursuant to article 32 of regulation no [ . . . ] , the esf may support actions and policies falling within its scope through financial instruments , such as risk - sharing schemes , equity and debt , guarantee funds , holding funds , loan funds and microcredits and - facilities .


### these data are to be provided in the annual implementation reports as specified in article 44 and and article 101 of regulation no [ … ] . all data are to be broken down by gender . ### these data are to be provided in the annual implementation reports as specified in article 44 and and article 101 of regulation no [ . . . ] . all data are to be broken down by gender and should depend of the expected result of the investment priority show , if the persons or participants are below 25 years between 25 and 54 years and above 54 years old*


### · participants in employment 6 months after leaving ### · participants in full - time employment 6 months after leaving


### these data are to be provided in the annual implementation reports as specified in article 44 of regulation no [ … ] . they are to be collected based on a representative sample of participants within each priority axis . internal validity of the sample should be ensured in such a way that the data can be generalised at the level of priority axis . all data are to be broken down by gender . ### these data are to be provided in the annual implementation reports as specified in article 44 of regulation no [ . . . ] . they are to be collected based on a representative sample of participants within each priority axis or sub - priority . internal validity of the sample should be ensured in such a way that the data can be generalised at the level of priority axis or sub - priority . all data are to be broken down by gender and should depend on the expected result of the investment priority , show if the persons or participants are below 25 years between 25 and 54 years and above 54 years old*


### the advisory procedure should be used for the implementing decisions with respect to the objections to harmonised standards which the commission considers justified and where the references to the harmonised standard concerned were not yet published in the official journal of the european union , given that the relevant standard did not yet lead to the presumption of conformity with the essential requirements set out in the applicable union harmonisation legislation . ### the advisory procedure should be used for the implementing decisions with respect to the annual european standardisation work and the objections to harmonised standards which the commission considers justified and where the references to the harmonised standard concerned were not yet published in the official journal of the european union , given that the relevant standard did not yet lead to the presumption of conformity with the essential requirements set out in the applicable union harmonisation legislation .


### the examination procedure should be used for the implementing decisions with respect to the objections to harmonised standards which the commission considers justified and where the references to the harmonised standard concerned were already published in the official journal of the european union , given that such decision could have consequences on the presumption of conformity with the applicable essential requirements . ### the examination procedure should be used for the implementing decisions with respect to the objections to harmonised standards which the commission considers justified and where the references to the harmonised standard concerned were already published in the official journal of the european union , given that such decision could have consequences on the presumption of conformity with the applicable essential requirements . national authorities should give their input through their national standardisation organisations during the standardisation process , in order to reduce as much as possible , modifications on the status of standards after the publication in the official journal of the european union .


### this regulation establishes rules with regard to the cooperation between european standardisation bodies , national standardisation bodies and the commission , the establishment of european standards and european standardisation deliverables for products and for services in support of union legislation and policies , the recognition of technical specifications in the field of information and communication technologies and financing of european standardisation . ### this regulation establishes rules with regard to the cooperation between european standardisation bodies , national standardisation bodies and the commission , the establishment of those european standards and european standardisation deliverables for products and for services related to goods or digital content which are used to support union legislation and policies , the recognition of technical specifications in the field of information and communication technologies and financing of european standardisation . social services and services by professional qualifications as defined by the directive 2005 / 36 / ec of the european parliament and the council on recognition of professional qualifications shall not be subject to this regulation .


### ' international standard ' means a standard adopted by an international standardisation body ; ### ' international standard ' means a standard adopted by an international standardisation organisation , and made publicly available ;


### ‘ national standard’ means a standard adopted by a national standardisation body ; ### ‘ national standard’ means a standard adopted by a national standardisation body , and made publicly available ;


### european standardisation bodies shall ensure an appropriate representation , at technical level , of undertakings , research centres and universities and other legal entities , in standardisation activities concerning an emerging area with significant policy or technical innovation implications , if the legal entities concerned participated in a project that is related to that area and that is funded by the union under a multiannual framework programme for activities in the area of research and technological development . ### european standardisation bodies shall ensure an appropriate representation , at technical level , of relevant public authorities including those responsible for market surveillance in the member states , employers and employees as representatives for occupational safety and undertakings , research centres and universities and other legal entities , in standardisation activities concerning an emerging area with significant policy or technical innovation implications and in particular when these legal entities participate in projects funded by the union under a multiannual framework programme for activities in the area of research and technological development .


### when a member state considers that a harmonised standard does not entirely satisfy the requirements which it aims to cover and which are set out in the relevant union legislation , it shall inform the commission thereof . ### when either a member state or the european parliament considers that a harmonised standard does not entirely satisfy the requirements which it aims to cover and which are set out in the relevant union legislation , it shall inform the commission thereof with a detailed explanation and evidence to sustain its claim . the commission shall without delay convene the european standardisation system strategy forum referred to in article 6 .


### ict standards referred to in article 9 shall constitute common technical specifications referred to in directives 2004 / 17 / ce and 2004 / 18 / ce , and regulation no 2342 / 2002 . ### recognised ict standards referred to in article 9 shall constitute common technical specifications referred to in directives 2004 / 17 / ce and 2004 / 18 / ce , and regulation no 2342 / 2002 .


### the activities of the central secretariats of the european standardisation bodies , including policy development , the coordination of standardisation activities , the processing of technical work and the provision of information to interested parties ; ### the activities of the central secretariats of the european standardisation bodies , including policy development , the coordination of standardisation activities , the processing of technical work and the provision of information to interested parties . those activities shall be made accessible to persons with disabilities to the same level as for anyone else participating ;


### is non - governmental , non - profit - making , and independent of industry , commercial and business or other conflicting interests . ### is non - governmental , non - profit - making , representative and independent of industry , commercial and business or other conflicting interests .


### it is necessary to ensure the european added value of all actions carried out within in the framework of the programme , and complementarity to activities of member states in compliance with article 167 of the treaty on the functioning of the european union and other activities , in particular in the field of culture , research , industrial and cohesion policy , enlargement policy and external relations . ### it is necessary to ensure the european added value of all actions carried out within in the framework of the programme , and complementarity to activities of member states in compliance with articles 165 , 166 and 167 of the treaty on the functioning of the european union and other activities , in particular in the field of culture , employment , health , research and innovation , enterprise , justice , consumers , development , environment , industrial and cohesion policy , enlargement policy and external relations , as well as in accordance with the european union strategy for the baltic sea region , the european union strategy for the danube region as well as the euro - mediterranean partnership .


### ' lifelong learning ' means all general education , vocational education and training , non - formal education and informal learning undertaken throughout life , resulting in an improvement in knowledge , skills and competences within a personal , civic , social and / or employment - related perspective , including the provision of counselling and guidance services ; ### ' lifelong learning ' means all general education , vocational education and training , non - formal education and informal learning undertaken throughout life , resulting in an improvement in knowledge , skills and competences or participation in society within a personal , civic , cultural , social and / or employment - related perspective , including the provision of counselling and guidance services ;


### ' learning mobility ' means moving physically to a country other than the country of residence , in order to undertake study , training or other learning , including traineeships and non - formal learning , or teaching or participating in a transnational professional development activity . it may include preparatory training in the host language . learning mobility also covers youth exchanges and transnational professional development activities involving youth workers ; ### ‘ learning mobility’ means moving physically to a country other than the country of residence , in order to undertake study , training or other learning , including traineeships , apprenticeships , volunteering , and non - formal learning , or teaching or participating in a transnational professional development activity . it may include preparatory training in the host language , as well as follow - up activities . learning mobility also covers youth activities , volunteering , non - formal and informal learning and transnational professional development activities involving youth workers ;


### “support for policy reform” means any type of activity aimed at supporting and facilitating the modernisation of education and training systems through the process of policy cooperation between member states , in particular the open methods of coordination ; ### ‘ support for policy reform’ means any type of activity aimed at supporting and facilitating the modernisation of education and training systems through the process of capacity - building for stakeholders as well as policy cooperation between member states , in particular the open methods of coordination ;


### ' staff ' means persons who , either on a professional or voluntary basis , are involved in education , training or youth non - formal learning . it may include teachers , trainers , school leaders , youth workers and non - educational staff ; ### ‘ staff’ means persons who , either on a professional or voluntary basis , are involved in education , training or formal or non - formal youth learning . it may include teachers , trainers , facilitators , volunteers , school leaders , youth workers and non - educational staff ;


### the programme shall only support those actions and activities presenting a potential european added value and contributing to the achievement of the general objective as referred to in article 4 . ### the programme shall only support those actions and activities presenting a potential european added value and contributing to the achievement of the general objective as referred to in article 4 , as well as to raising awareness and fostering the development of the shared european education area .


### to improve the level of key competences and skills regarding in particular their relevance for the labour market and society , as well as the participation of young people in democratic life in europe , notably through increased learning mobility opportunities for young people , learners , staff and youth workers , and through strengthened cooperation between education youth and the world of labour market ; ### to improve the level of key competences and skills regarding in particular their relevance for the labour market and society , enhance personal development , and promote social cohesion and inclusion of vulnerable groups at risk of educational disadvantage , the participation of lifelong learners and young people in democratic life in europe , notably through increased learning mobility opportunities for young people , and lifelong learners , staff and youth workers , and through strengthened cooperation between education youth and the world of labour market ;


### transnational partnerships between enterprises and education institutions in the form of : ### transnational partnerships between the world of work and education and training institutions in the form of :


### it support platforms , including e - twinning , covering educational sectors and youth allowing peer learning , virtual mobility and exchanges of best practices and opening access for participants from neighbourhood countries . ### it support platforms , including e - twinning , covering the education and training sectors and allowing peer learning , virtual mobility and exchanges of best practices , and opening access for participants from neighbourhood countries .


### support the following european academic institutions pursuing an aim of european interest ; ### support european institutions , such as the following , pursuing an aim of european interest :


### – [ 26% ] of this amount is allocated to cooperation for innovation and good practices ; ### – [ 20 % ] of this amount is allocated to cooperation for innovation and good practices ;


### the funds for the learning mobility of individuals referred to in article 6 that are to be managed by a national agency shall be allocated on the basis of population and cost of living in the member state , distance between capitals of member states and performance . the parameter of performance accounts for 25% of the total funds according to the criteria as referred to in paragraphs 7 and 8 . ### the funds for the learning mobility of individuals referred to in article 6 that are to be managed by a national agency shall be allocated in scales on the basis of the social and financial background of the participant , population and cost of living in the host member state , distance between capitals of member states and performance . the parameter of performance accounts for 25% of the total funds according to the criteria as referred to in paragraphs 7 and 8 . the funds shall be flexibly combinable among themselves , also between formal and informal learning mobility .


### the programme shall support the cooperation with partners from third countries , notably partners from neighbourhood countries , in actions and activities as referred to in articles 6 and 10 . ### the programme shall support the cooperation with partners from third countries , notably partners from neighbourhood countries and particularly the southern mediterranean countries , in actions and activities as referred to in articles 6 and 10 .


### the commission shall be empowered to adopt delegated acts in accordance with article 28 concerning the amendment of article 13 and article 22 relating respectively to the performance criteria and the provisions on the actions managed by the national agencies . ### in the interests of management at the most appropriate level , the commission shall be empowered to adopt delegated acts in accordance with article 28 concerning the amendment of article 13 and article 22 relating respectively to the performance criteria and the provisions on the actions managed by the national agencies ; this shall apply in respect of amendments to article 22 only in relation to provision for additional actions to be managed by the national agencies .


### 4 . the devices shall be designed and manufactured in such a way as to reduce as far as possible and appropriate the risks posed by substances that may leach or leak from the device . special attention shall be given to substances which are carcinogenic , mutagenic or toxic to reproduction , in accordance with part 3 of annex vi to regulation no 1272 / 2008 of the european parliament and of the council of 16 december 2008 on classification , labelling and packaging of substances and mixtures , amending and repealing directives 67 / 548 / eec and 1999 / 45 / ec , and amending regulation no 1907 / 2006 , and to substances having endocrine disrupting properties for which there is scientific evidence of probable serious effects to human health and which are identified in accordance with the procedure set out in article 59 of regulation no 1907 / 2006 of the european parliament and of the council of 18 december 2006 concerning the registration , evaluation , authorisation and restriction of chemicals . ### 4 . the devices shall be designed and manufactured in such a way as to reduce as far as possible and appropriate the risks posed by substances that may leach or leak from the device . special attention shall be given to substances which are carcinogenic , mutagenic or toxic to reproduction , in accordance with part 3 of annex vi to regulation no 1272 / 2008 of the european parliament and of the council of 16 december 2008 on classification , labelling and packaging of substances and mixtures , amending and repealing directives 67 / 548 / eec and 1999 / 45 / ec , and amending regulation no 1907 / 2006 , and to substances having endocrine disrupting properties for which there is scientific evidence of probable serious effects to human health or which have been identified in accordance with the procedure set out in article 59 of regulation no 1907 / 2006 of the european parliament and of the council of 18 december 2006 concerning the registration , evaluation , authorisation and restriction of chemicals or are known or presumed endocrine disrupters pursuant to commission recommendation on criteria for the identification of endocrine disrupters .


### if devices , or parts thereof , that are intended ### devices , or parts thereof , that are intended


### contain , in a concentration of 0 . 1% by mass of the plasticised material or above , phthalates which are classified as carcinogenic , mutagenic or toxic to reproduction of category 1a or 1b in accordance with part 3 of annex vi to regulation no 1272 / 2008 , these devices shall be labelled on the device itself and / or on the packaging for each unit or , where appropriate , on the sales packaging as devices containing phthalates . if the intended use of such devices includes treatment of children or treatment of pregnant or nursing women , the manufacturer shall provide a specific justification for the use of these substances with regard to compliance with the general safety and performance requirements , in particular of this paragraph , within the technical documentation and , within the instructions for use , information on residual risks for these patient groups and , if applicable , on appropriate precautionary measures . ### shall not contain , in a concentration of 0 . 1% or above by mass per homogeneous material , substances which are classified as carcinogenic , mutagenic or toxic to reproduction of category 1a or 1b in accordance with part 3 of annex vi to regulation no 1272 / 2008 , or substances identified as endocrine disrupters pursuant to the first subparagraph , unless the manufacturer can show that there are no suitable safer substances or devices without these substances . where the manufacturer can show that there are no suitable safer substances or devices without these substances , these devices shall be labelled on the device itself and / or on the packaging for each unit or , where appropriate , on the sales packaging as devices containing substances which are classified as carcinogenic , mutagenic or toxic to reproduction of category 1a or 1b or substances identified as endocrine disrupters . the manufacturer shall provide a specific justification for the use of these substances with regard to compliance with the general safety and performance requirements , in particular of this paragraph , within the technical documentation and , within the instructions for use , information on residual risks for patients and , if applicable , on appropriate precautionary measures .


### 6 . the devices shall be designed and manufactured in such a way as to reduce to a minimum the risks linked to the size and the properties of particles used . special care shall be applied when devices contain or consist of nanomaterial that can be released into the patient ' s or user ' s body . ### 6 . the devices shall be designed and manufactured in such a way as to reduce to a minimum the risks linked to the size and the properties of particles used . special care shall be applied when devices contain or consist of nanomaterials that can be released into the patient ' s or user ' s body . the manufacturer shall provide specific evidence that the use of nanomaterials complies with the general safety and performance requirements within the technical documentation and , within the instructions for use , information on residual risks for patients and , if applicable , on appropriate precautionary measures .


### the number of persons suffering from material or even severe material deprivation in the union is increasing and those persons are often too excluded to benefit from the activation measures of regulation no [ …cpr ] , and , in particular of regulation no [ …esf ] . ### the number of persons suffering from material or even severe material deprivation in the union is increasing and those persons have been too excluded to benefit from the traditional activation measures of regulation no [ . . . cpr ] , and , in particular of regulation no [ . . . esf ] . whereas this development runs counter to the objective set in the union strategy for smart , sustainable and inclusive growth .


### those provisions also ensure that the operations supported shall comply with applicable union and national laws , notably in regard to the safety of the goods that are distributed to the most deprived persons . ### those provisions also ensure that the operations supported shall comply with applicable union and national laws , notably in regard to the safety of the goods that are distributed to the most deprived persons , and in particular art 3 of the european social fund .


### the operational programme of each member state should identify and justify the forms of material deprivation to be addressed , and describe the objectives and features of the assistance to the most deprived persons that will be provided through the support of national schemes . it should also include elements necessary to ensure effective and efficient implementation of the operational programme . ### the operational programme of those member states choosing to participate in the fund should identify and justify the forms of material deprivation to be addressed , and describe the objectives and features of the assistance to the most deprived persons that will be provided through the support of national schemes . it should also include elements necessary to ensure effective and efficient implementation of the operational programme paying particular attention to the reduction of food waste and strengthening of local food supply chains .


### in order to maximise effectiveness of the fund , in particular as regards the national circumstances , it is appropriate to set out a procedure for potential amendment of the operational programme . ### in order to maximise effectiveness of the fund and ensure maximum synergy with esf measures , in particular as regards possible changes in national circumstances , it is appropriate to set out a procedure for potential amendment of the operational programme .


### exchanges of experience and best practices have a significant added value and the commission should facilitate such dissemination . ### social innovation and the exchanges of experience and best practices have a significant added value , especially between organisations that make use of eu or other public funding or aid and those that do not , and the commission should facilitate such dissemination and promotion , and should be counted within the amount of the technical assistance as set out in art , 108 common provisions regulations on the european structural - and investment funds .


### ' most deprived persons ' means physical persons , whether individuals , families , households or groups composed of such persons , whose need for assistance has been established according to the objective criteria adopted by the national competent authorities , or defined by the partner organisations and which are approved by those competent authorities ; ### ) ' most deprived persons ' means physical persons , whether individuals , families , households or groups composed of such persons , whose need for assistance has been established according to the objective criteria defined by the national competent authorities , in cooperation with the regional or local authorities concerned and with the partner organisations and which are approved by those competent authorities ;


### the fund shall promote social cohesion in the union by contributing to achieving the poverty reduction target of at least 20 million of the number of persons at risk of poverty and social exclusion in accordance with the europe 2020 strategy . the fund shall contribute to achieving the specific objective of alleviating the worst forms of poverty in the union by providing non - financial assistance to the most deprived persons . this objective shall be measured by the number of persons receiving assistance from the fund . ### the fund shall promote social cohesion , enhance social inclusion and combat poverty in the union by contributing to achieving the poverty reduction target of at least 20 million of the number of persons at risk of poverty and social exclusion in accordance with the europe 2020 strategy . the fund shall contribute to achieving the specific objective of alleviating and eradicating the worst forms of poverty in the union by providing non - financial assistance to the most deprived persons and by local and regional food supply chains that benefit the most deprived persons , by supplying them with nutritious , healthy , quality food with due emphasis on fresh and seasonal products . this objective shall be measured by the number of persons receiving assistance from the fund , and by qualitatively and quantitatively assessing structural improvements for the end recipients as a result of that assistance , and by the use of local and regional food supply networks .


### member states and the bodies designated by them for that purpose shall be responsible for implementing the operational programmes and carrying out their tasks under this regulation in accordance with the institutional , legal and financial framework of the member state and subject to compliance with this regulation . ### member states and the bodies designated by them for that purpose , or , where appropriate , the competent regional authorities , shall be responsible for implementing the operational programmes and carrying out their tasks under this regulation in accordance with the institutional , legal and financial framework of the member state and subject to compliance with this regulation .


### the commission and the member states shall ensure that equality between men and women and the integration of the gender perspective are promoted during the various stages of the implementation of the fund . the commission and the member states shall take appropriate steps to prevent any discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation in obtaining access to the fund . ### the commission and the member states undertake to promote equality between men and women and the integration of the gender perspective during the various stages of the implementation of the fund . the commission and the member states shall take appropriate steps to prevent any discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation in obtaining access to the fund .


### operations financed by the fund shall comply with applicable union and national law . in particular , the fund may only be used to support distribution of food or goods that are in conformity with the union legislation on consumer product safety . ### operations financed by the fund shall comply with applicable union and national law . in particular , the fund may only be used to support distribution of food or goods that are in conformity with the union legislation on consumer product safety and contribute to a healthy diet .


### member states and beneficiaries shall choose the food products and the goods on the basis of objective criteria . the selection criteria for the food products , and where appropriate for goods , shall also take into consideration climatic and environmental aspects , in particular with a view to reduction of food waste . ### member states and beneficiaries shall choose the quality food products and the goods on the basis of objective criteria related to the needs of most deprived persons . the selection criteria for the food products , and where appropriate for goods , preferably from local suppliers , shall also take into consideration climatic and environmental aspects , in particular with a view to reduction of food waste .


### the commission shall adopt a decision , by means of implementing acts , setting out the annual breakdown of the global resources by member state , in accordance with article 84 of regulation no… , without prejudice to paragraph 4 of this article , taking into account the following indicators established by eurostat : ### the commission shall adopt a decision , by means of implementing acts , setting out the annual breakdown of the global resources by member state among member states that have requested to participate , in accordance with article 84 of regulation no . . . , without prejudice to paragraph 4 of this article , based on the most recent indicators established by eurostat concerning :


### operational programmes shall be drawn up by member states or any authority designated by them in cooperation with the competent regional , local and other public authorities as well as bodies representing civil society and bodies responsible for promoting equality and non - discrimination . ### operational programmes shall be drawn up by member states or any authority of an esi funds designated by them in cooperation with the competent regional , local and other public authorities as well as bodies representing civil society and bodies responsible for promoting equality and non - discrimination . member states shall ensure that the operational programmes are closely linked to national social inclusion policies and to measures combating the increasing feminisation of poverty .


### the commission shall set up a union level platform to facilitate the exchange of experience , capacity building and networking , as well as dissemination of relevant outcomes in the area of non - financial assistance to the most deprived persons . ### the commission shall set up a union level platform to facilitate the exchange of experience , capacity building , networking and innovation , as well as dissemination of relevant outcomes in the area of non - financial assistance to the most deprived persons , also with organisations for aid to the most deprived that do not make use of the fund and / or other public funding .


### the proper functioning of the internal energy market requires that the energy imported into the union from third countries , is fully governed by the rules establishing an internal energy market . an internal energy market that is not functioning properly puts the eu in a vulnerable position with regard to security of energy supply . a high degree of transparency with regard to agreements between member states and third countries in the field of energy would allow the union to take coordinated action , in a spirit of solidarity , in order to ensure that such agreements are in accordance with union legislation and effectively secure the supply of energy . ### the proper functioning of the internal energy market requires that the energy imported into the union from third countries , is fully governed by the rules establishing an internal energy market . an internal energy market that is not functioning properly puts the eu in a vulnerable position with regard to security of energy supply . a high degree of transparency with regard to agreements between member states and third countries in the field of energy would allow the union to take coordinated action , in a spirit of solidarity , in order to ensure that such agreements are in accordance with union legislation and with the eu ' s long - term energy and climate objectives , and effectively secure the supply of energy while avoiding the build up of surplus capacity and therefore ensuring economic efficiency , sustainability and fair consumer prices .


### intergovernmental agreements which need to be notified in their entirety to the commission on the basis of other union acts such as [ regulation no … / … of the european parliament and of the council of … establishing transitional arrangements for bilateral investment agreements between member states and third countries ] should be excluded from the information exchange mechanism established by this decision . ### intergovernmental agreements which need to be notified in their entirety to the commission on the basis of other union acts such as [ regulation no … / … of the european parliament and of the council of … establishing transitional arrangements for bilateral investment agreements between member states and third countries ] should be excluded from the information exchange mechanism established by this decision . the commission should , however , undertake a screening of such bilateral investment agreements between member states and third countries regarding specific energy provision contained therein which have relevance to the scope of this decision , resulting in a report to the member states and the parliament .


### the commission should , on its own initiative or on request from the member state which has negotiated the intergovernmental agreement , have the right to assess the compatibility of the negotiated agreement with union law before the agreement has been signed . ### the commission should assess the compatibility of the negotiated agreement with union law and with the eu ' s long - term energy and climate objectives before the agreement has been signed , and to issue an opinion regarding needs for re - negotiation resulting from requirements of eu law , which the concerned member state should duly take into account .


### member states shall submit all existing and provisionally applied intergovernmental agreements between them and third countries in their entirety , including their annexes and other texts they refer to explicitly and all amendments thereto to the commission at the latest three months after the entry into force of this decision . the commission shall make the received documents accessible in electronic form to all other member states . existing or provisionally applied intergovernmental agreements which have already been communicated in accordance with regulation no 994 / 2010 to the commission at the date of entry into force of this decision , which are fulfilling the requirements of this paragraph , shall be considered as communicated for the purposes of this decision . ### member states shall submit all existing and provisionally applied intergovernmental agreements between them and third countries in their entirety , including their annexes and other texts they refer to explicitly and all amendments thereto to the commission at the latest three months after the entry into force of this decision . the commission shall make the received documents accessible in electronic form to all other member states . within 12 months after the reception of the respective intergovernmental agreements , the commission shall evaluate the agreements communicated and inform concerned member states about possible incompatibilities of their agreements with eu law . existing or provisionally applied intergovernmental agreements which have already been communicated in accordance with regulation no 994 / 2010 to the commission at the date of entry into force of this decision , which are fulfilling the requirements of this paragraph , shall be considered as communicated for the purposes of this decision .


### when a member state intends to enter into negotiations with a third country in order to amend an existing intergovernmental agreement or to conclude a new intergovernmental agreement , the member state shall inform the commission in writing of its intention at the earliest possible moment before the envisaged opening of the negotiations . the information provided to the commission shall include the relevant documentation , an indication of the provisions to be addressed in the negotiations , the objectives of the negotiations and other relevant information . in case of amendments to an existing agreement , the provisions that are to be renegotiated shall be indicated in the information provided to the commission . the commission shall make the received information accessible to all member states in electronic form . the member state concerned shall keep the commission informed regularly of the ongoing negotiations . on request of the commission or the member state concerned , the commission may participate as an observer in the negotiations . ### when a member state intends to enter into negotiations with a third country in order to amend an existing intergovernmental agreement or to conclude a new intergovernmental agreement , the member state shall inform the commission in writing of its intention at the earliest possible moment but in no case later than 3 months before the envisaged opening of the negotiations . the information provided to the commission shall include the relevant documentation , an indication of the provisions to be addressed in the negotiations , the objectives of the negotiations and other relevant information . in case of amendments to an existing agreement , the provisions that are to be renegotiated shall be indicated in the information provided to the commission . the commission shall make the received information accessible to all member states in electronic form . the member state concerned shall keep the commission informed regularly of the ongoing negotiations . on request of the commission or the member state concerned , the commission may participate as an observer in the negotiations .


### the commission may on its own initiative until four weeks after it has been informed of the closure of the negotiations at the latest or on request from the member state which has negotiated the intergovernmental agreement , assess the compatibility of the negotiated agreement with union law before the agreement has been signed . in case the commission or the member state concerned ask for such an ex - ante assessment of the negotiated intergovernmental agreement with union law , the negotiated but not yet signed draft intergovernmental agreement shall be submitted to the commission for examination . the member state concerned shall refrain from signing the agreement for a period of four months following the submission of the draft intergovernmental agreement . in agreement with the member state concerned , the examination period might be prolonged . when a compatibility control has been requested , in the absence of an opinion by the commission within the examination period , the commission shall be deemed not to have raised objections . ### member states shall submit negotiated but not yet signed draft intergovernmental agreements to the commission for examination . the commission shall , by four months after submission at the latest , assess the compatibility of the negotiated agreement with union law , especially concerning competition law and internal energy market legislation , as well as with the union ' s long - term energy and climate objectives . the member state concerned shall refrain from signing the agreement in this examination period . in agreement with the member state concerned , the examination period might be prolonged . in the absence of an opinion by the commission within the examination period , the commission shall be deemed not to have raised objections .


### on the basis of best practice , develop standard clauses the use of which would ensure full compliance of future intergovernmental agreements with union energy legislation . ### on the basis of best practice , develop standard clauses the use of which would ensure full compliance of future intergovernmental agreements with union energy legislation and the level of security of energy supply envisioned in the eu ' s long - term energy and climate objectives .


### review ### reporting and review


### protection of the environment and provision of support to civil protection and security efforts ; ### protection of the environment , limiting global warming , and provision of support to civil protection and security efforts ;


### for the purpose of paragraph 2 , the copernicus user communities are defined as those comprising the european national , regional or local bodies entrusted with the definition , implementation , enforcement or monitoring of a public service or policy in areas referred to in point of article 4 . ### for the purpose of paragraph 2 , the copernicus user communities are defined as those comprising the european national , regional or local bodies entrusted with the definition , implementation , enforcement , delegation or monitoring of a public service or policy in areas referred to in point of article 4 .


### the commission shall maintain a transparent and regular user involvement and consultation , enabling identification of user requirements at union and national levels . ### the commission shall maintain a transparent and regular user involvement and consultation , enabling identification of user requirements at all levels .


### the commission is implementing the european disability action plan that contains relevant actions for older persons given the correlation between disability and ageing . in particular actions on accessibility following design for all approaches would be relevant . furthermore the eu and all member states have signed the un convention on the rights of persons with disabilities that contains relevant provisions for older persons . ### the commission is implementing the european disability action plan that contains relevant actions for older persons given the frequent correlation between disability and ageing . in particular actions on accessibility following design for all approaches would be relevant . actions to support independent living and inclusion in the community are relevant , including those directed at older persons with disabilities , in need of a high level of support and with complex needs , who are particularly vulnerable and prone to social exclusion . furthermore the eu and all member states have signed the un convention on the rights of persons with disabilities that contains inter alia relevant provisions for older persons . the recommendation of the council of europe on ageing and disability in the 21st century , adopted in 2009 , aims to promote autonomy and an independent life for ageing people with disabilities , enhancing the quality of services and ensuring equal access to them . it calls on member states to adopt innovative approaches .


### the overall purpose of the european year shall be to encourage and support the efforts of member states , their regional and local authorities , social partners and civil society to promote active ageing and to do more to mobilise the potential of the rapidly growing population in their late 50s and above , thereby preserving solidarity between generations . active ageing means creating better opportunities and working conditions to enable older workers to play their part in the labour market , combating social exclusion by fostering active participation in society , and encouraging healthy ageing . on this basis , the objectives shall be : ### the overall purpose of the european year shall be to facilitate the creation of a sustainable active ageing culture in europe based on a society for all ages and on solidarity between generations . in this framework , the european year shall encourage and support the efforts of member states , their regional and local authorities , social partners , civil society , including the business sector to promote active ageing and to do more to mobilise the potential of the rapidly growing population in their late 50s and above , thereby creating a society for all ages and fostering solidarity and cooperation between generations . active ageing is the process of optimizing opportunities for health , participation and security in order to enhance quality of life as people age . it allows people to realise their potential for wellbeing throughout their lives and to participate in society according to their needs , desires and capabilities , while providing them with adequate protection , security and care when they need assistance . active ageing means creating better opportunities and working conditions to enable older workers to play their part in the labour market , combating age discrimination and social exclusion , supporting the role of older people in society , family life and voluntary activities , encouraging healthy ageing and facilitating it through preventive measures and access to quality social and health services . on this basis , the objectives shall be :


### to raise general awareness of the value of active ageing in order to highlight the useful contribution older persons make to society and the economy , to promote active ageing and to do more to mobilise the potential of older persons ; ### to raise general awareness of the value of active ageing in order to highlight the useful contribution older persons make to society and the economy , to combat ageism , to promote active and healthy ageing , to remove barriers and recognise the diversity within all age groups and to better mobilise the potential of older persons regardless of their ethnic or cultural origin , gender or sexual orientation and to promote equal opportunities ;


### each member state shall appoint a national coordinator responsible for organising its involvement in the european year . the national coordinators should also see to it that national activities are properly coordinated . ### each member state shall appoint a national coordinator responsible for organising its involvement in the european year . the national coordinators should work independently , without reflecting solely the views of governments and should also see to it that national activities are properly coordinated and implemented .


### the investment product manufacturer shall draw up a key information document in accordance with the requirements laid down in this regulation for each investment product it produces and shall publish the document on a website of its choice before the investment product can be sold to retail investors . ### the investment product manufacturer shall draw up a key information document in accordance with the requirements laid down in this regulation for each investment product it produces together with the prospectus and shall publish the document on its website before the investment product can be distributed in the market and sold to retail investors . the key information document shall be completed by the distributor where relevant


### the key information document shall be accurate , fair , clear and not misleading . ### the key information document shall be accurate , fair , clear and not misleading . the key information document shall not contain any marketing or recommendation to invest .


### ‘ this document provides you with key information about this investment product . it is not marketing material . the information is required by law to help you understand the nature of this investment product and the risks of investing in it . you are advised to read it so that you can take an informed decision about whether to invest . ’ ### ‘ this document provides key information about this investment product . it is not marketing material . the information is required by law to help explain the nature of this investment product , its risk level and all costs before taking any decision if to invest in it or not . ’


### by way of derogation from paragraph 1 , a person selling an investment product may provide the retail investor with the key information document immediately after the conclusion of the transaction where : ### by way of derogation from paragraph 1 , a person selling an investment product shall provide the retail investor with the official website where the key information document can be found before a conclusion of the transaction where :


### the provision of the key information document in accordance with paragraph 1 is not possible , and ### the provision to provide a paper copy due to point a ) of the key information document in accordance with paragraph 1 is not possible and


### the investment product manufacturer shall establish appropriate procedures and arrangements which ensure that retail investors who have submitted a complaint in relation to the key information document receive a substantive reply in a timely and proper manner . ### the investment product manufacturer and the distributor shall establish appropriate procedures and routines which ensure that : retail investors have an effective way of submitting a complaint against the investment product manufacturer and hence a redress procedure ; retail investors who have submitted a complaint in relation to the key information document receive a substantive reply in a timely and proper manner ; and effective redress procedures are also available to retail investors in the event of cross - border disputes ; in particular where the investment product manufacturer is located in another member state or third country .


### a delegated act adopted pursuant to articles 8 , 10 and 12 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of 2 months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by [ 2 months ] at the initiative of the european parliament or the council . ### a delegated act adopted pursuant to articles 8 , 10 and 12 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of 3 months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by [ 3 months ] at the initiative of the european parliament or the council . when a delegated act is delivered just before or during a holiday , the time shall be deemed to run from the date of the first plenary following the holiday . in all instances , including extension , the time period shall be extendible to encompass three full plenary sessions .


### europe ' s economic recovery should not be compromised by growing transport congestion , missing energy links and a slowing down of broadband penetration due to infrastructure projects ' difficulties in gaining access to long - term private finance or public funding . ### europe ' s economic recovery should not be compromised by growing transport congestion , missing energy links and a slowing down of broadband penetration due to infrastructure projects ' difficulties in gaining access to long - term private finance or public funding . the project bonds initiative in the framework of the eu 2020 partnership agreement shall provide a clear eligibility framework subject to enhanced democratic scrutiny as a proper means for achieving sustainable and countercyclical investments programmes consistent with eu social , climate and environmental objectives , while playing a catalytic role aiming at attracting private capital for long - term project .


### the reassessment of infrastructure investment programmes by member states in the context of their fiscal austerity and structural reforms will not facilitate the required acceleration of the pace of infrastructure investment . in addition , long - term bank lending for infrastructure projects continues to be insufficient and expensive , calling for alternative and competitive sources of debt financing . ### the reassessment of infrastructure investment programmes by member states in the context of their fiscal austerity and structural reforms will not facilitate the required acceleration of the pace of infrastructure investment needed to meet the policy objectives of the europe 2020 strategy , in particular a shift towards a resource - efficient , low - carbon economy to achieve sustainable growth , as laid down in the europe 2020 resource efficiency flagship initiative . in addition , long - term bank lending for infrastructure projects continues to be insufficient and expensive , calling for alternative and competitive sources of debt financing .


### in order to implement the pilot phase of the europe 2020 project bond initiative , decision no 1639 / 2006 / ec and regulation no 680 / 2007 should be amended . this pilot phase aims to support infrastructure projects with commercial potential in the transport , energy and ict sectors , while after 2013 the initiative may be extended to other sectors . ### in order to implement the pilot phase of the europe 2020 project bond initiative , decision no 1639 / 2006 / ec and regulation no 680 / 2007 should be amended . this pilot phase aims to support infrastructure projects with commercial potential and socioeconomic benefits in line with the europe 2020 strategy , in particular the resource efficiency flagship initiative , in the transport , energy and ict sectors , while after 2013 the initiative should be extended to other sectors , in particular within renewable energy and building renovation .


### the application for support , selection and implementation of all projects shall be subject to union law , in particular with regard to state aid and shall seek to avoid creating or adding to market distortions . ### the application for support , selection and implementation of all projects shall be in line with the union ' s long term policy objectives and subject to union law , in particular with regard to state aid , transparency and nature protection , and shall seek to avoid creating or adding to market distortions .


### budgetary funds should be requested by the eib on the basis of a range of projects , which the eib would deem suitable and likely to be realised . any such requests should be made prior to 31 december 2013 . due to the complexity of large infrastructure projects , the actual approval might take place at a later date , but no later than 31 december 2014 . ### budgetary funds should be requested by the eib on the basis of a range of projects , which the eib would deem suitable , in line with the union ' s long term policy objectives and likely to be realised . any such requests should be made prior to 31 december 2013 . due to the complexity of large infrastructure projects , the actual approval might take place at a later date , but no later than 31 december 2014 .


### freight transport services and start - up aid for transport services ; ### sustainable transport and mobility services and start - up aid for these services ;


### the proposed action addresses a threat to investor protection or to the orderly functioning and integrity of financial markets or to the stability of the whole or part of the financial system in the union ; ### the proposed action addresses a threat to investor protection or to the orderly functioning , economic utility and integrity of financial markets or to the stability of the whole or part of the financial system in the union ;


### this regulation aims at the completion of the single electronic communications market through action on three broad , inter - related axes . first , it should secure the freedom to provide electronic communications services across borders and networks in different member states , building on the concept of a single eu authorisation which puts in place the conditions for ensuring greater consistency and predictability in the content and implementation of sector - specific regulation throughout the union . second , it is necessary to enable access on much more convergent terms and conditions to essential inputs for the cross - border provision of electronic communications networks and services , not only for wireless broadband communications , for which both licensed and unlicensed spectrum is key , but also for fixed line connectivity . third , in the interests of aligning business conditions and building the digital confidence of citizens , this regulation should harmonise rules on the protection of end - users , especially consumers . this includes rules on non - discrimination , contractual information , termination of contracts and switching , in addition to rules on access to online content , applications and services and on traffic management which not only protect end - users but simultaneously guarantee the continued functioning of the internet ecosystem as an engine of innovation . in addition , further reforms in the field of roaming should give end - users the confidence to stay connected when they travel in the union , and should become over time a driver of convergent pricing and other conditions in the union . ### this regulation aims at the completion of the single electronic communications market through action on three broad , inter - related axes . first , it should secure the freedom to provide electronic communications services across borders and networks in different member states , building on the concept of a single eu authorisation which puts in place the conditions for ensuring greater consistency and predictability in the content and implementation of sector - specific regulation throughout the union . second , it is necessary to enable access on much more convergent terms and conditions to essential inputs for the cross - border provision of electronic communications networks and services , not only for wireless broadband communications , for which both licensed and unlicensed spectrum is key , but also for fixed line connectivity . third , in the interests of aligning business conditions and building the digital confidence of citizens , this regulation should harmonise rules on the protection of users , especially consumers . this includes rules on non - discrimination , contractual information , termination of contracts and switching , in addition to rules on access to online content , applications and services and on traffic management which not only protect users but simultaneously guarantee the continued functioning of the internet ecosystem as an engine of innovation . in addition , further reforms in the field of roaming should give users the confidence to stay connected when they travel in the union , and should become over time a driver of convergent pricing and other conditions in the union .


### providers of electronic communications to the public shall not apply tariffs for intra - union communications terminating in another member state which are higher , unless objectively justified : ### providers of electronic communications to the public shall not apply tariffs for intra - union communications terminating in another member state which are higher :


### the objectives of the csf funds should be pursued in the framework of sustainable development and the union ' s promotion of the aim of protecting and improving the environment as set out in article 11 and 19 of the treaty , taking into account the polluter pays principle . the member states should provide information on the support for climate change objectives in line with the ambition to devote at least 20% of the union budget to this end , using a methodology adopted by the commission by implementing act . ### the objectives of the csf funds should be pursued in the framework of sustainable development and the union ' s promotion of the aim of protecting and improving the environment as set out in article 11 and 19 of the treaty , taking into account the polluter pays principle and minimising future external costs . the member states should provide information on the support for climate change objectives in line with the ambition to devote at least 20% of the union budget to this end , using a methodology adopted by the commission by implementing act .


### actions to disseminate information , support networking , carry out communication activities , raise awareness and promote cooperation and exchange of experience , including with third countries . to bring about greater efficiency in communication to the public at large and stronger synergies between the communication activities undertaken at the initiative of the commission , the resources allocated to communication actions under this regulation shall also contribute to the corporate communication of the political priorities of the european union as far as they are related to the general objectives of this regulation ; ### actions to disseminate information , support networking , carry out communication activities , raise awareness and promote cooperation and exchange of experience , including civil society organisations , including with third countries . to bring about greater efficiency in communication to the public at large and stronger synergies between the communication activities undertaken at the initiative of the commission , the resources allocated to communication actions under this regulation shall also contribute to the corporate communication of the political priorities of the european union as far as they are related to the general objectives of this regulation ;


### the three categories of regions are determined on the basis of how their gdp per capita , measured in purchasing power parities and calculated on the basis of union figures for the period 2006 to 2008 , relates to the average gdp of the eu - 27 for the same reference period . ### the three categories of regions are determined on the basis of how their gdp per capita , measured in purchasing power parities and calculated on the basis the latest available three - year period of union figures , relates to the average gdp of the eu - 27 for the same reference period .


### the cohesion fund shall support those member states whose gross national income per capita , measured in purchasing power parities and calculated on the basis of union figures for the period 2007 to 2009 , is less than 90 % of the average gni per capita of the eu - 27 for the same reference period . ### the cohesion fund shall support those member states whose gross national income per capita , measured in purchasing power parities and calculated on the basis of the latest three - year period union figures , is less than 90 % of the average gni per capita of the eu - 27 for the same reference period .


### by 31 december 2014 , the commission shall review the specific emissions targets , modalities and other aspects of this regulation in order to establish the co2 emission targets for new passenger cars for the period beyond 2020 . ### by 31 december 2014 , the commission shall carry out a detailed study of the 60 g co2 / km target for 2025 , including specific emissions targets , modalities and other aspects of this regulation in order to ascertain whether the target proves to be appropriate or if a lower target is justified in light of the use of low - emission technologies and their uptake or changes in climate policy objectives . as part of that study , the commission shall report on upstream emissions of passenger vehicles and may , as appropriate , make proposals as to how such emissions should be taken into account under the regulation .


### agreements providing for investment protection typically include an investor - to - state dispute settlement mechanism , which allows an investor from a third country to bring a claim against a state in which it has made an investment . investor - to - state dispute settlement can result in awards for monetary compensation . furthermore , significant costs for administering the arbitration as well as costs relating to the defence of a case will inevitably be incurred in any such case . ### in the cases where it is justifiable , future investment protection agreements concluded by the union can include an investor - to - state dispute settlement mechanism , which allows an investor from a third country to bring a claim against a state in which it has made an investment . investor - to - state dispute settlement can result in awards for monetary compensation . furthermore , significant costs for administering the arbitration as well as costs relating to the defence of a case will inevitably be incurred in any such case .


### financial responsibility should be allocated to the entity responsible for the treatment found to be inconsistent with the relevant provisions of the agreement . this means that the union should bear the financial responsibility where the treatment concerned is afforded by an institution , body or agency of the union . the member state concerned should bear the financial responsibility where the treatment concerned is afforded by a member state . however , where the member state acts in a manner required by the law of the union , for example in transposing a directive adopted by the union , the union should bear financial responsibility in so far as the treatment concerned is required by union law . the regulation also needs to foresee the possibility that an individual case could concern both treatment afforded by a member state and treatment required by union law . it will cover all actions taken by member states and by the european union . ### financial responsibility should be allocated to the entity responsible for the treatment found to be inconsistent with the relevant provisions of the agreement . this means that the union should bear the financial responsibility where the treatment concerned is afforded by an institution , body or agency of the union . the member state concerned should bear the financial responsibility where the treatment concerned is afforded by a member state . however , where the member state acts in a manner required by the law of the union , for example in transposing a directive adopted by the union , it should not bear financial responsibility in so far as the treatment concerned is required by union law and the decision on the union ' s liability for its underlying legislative act should be reserved to the court of justice of the european union . the regulation also needs to foresee the possibility that an individual case could concern both treatment afforded by a member state and treatment required by union law . it will cover all actions taken by member states and by the european union .


### the dispute raises unsettled issues of law which may recur in other disputes under the same or other union agreements concerning treatment afforded by the union or other member states . ### other overriding interests of the union are at stake in the dispute .


### it is also appropriate to review the functioning of the common european sales law or any other provision of this regulation after five years of operation . the review should take into account , amongst other things , the need to extend further the scope in relation to business - to - business contracts , market and technological developments in respect of digital content and future developments of the union acquis . ### it is also appropriate to review the functioning of the common european sales law or any other provision of this regulation after five years of operation . the review should take into account , amongst other things , the need to extend further the scope in relation to business - to - business contracts , market and technological developments in respect of digital content and future developments of the union acquis . in order to allow the common european sales law to be used for more sophisticated contracts , such as contracts linked to insurance or financial services , the review should also take into account the possibility of extending its scope to encompass a comprehensive common european contract law , including rules on claims in tort , insurance and transport law , and a common european insolvency law , including rules on foreclosure .


### the common european sales law may be used only if the seller of goods or the supplier of digital content is a trader . where all the parties to a contract are traders , the common european sales law may be used if at least one of those parties is a small or medium - sized enterprise . ### the common european sales law may be used only if the seller of goods or the supplier of digital content is a trader .


### the rules laid down in the legislative acts referred to in recital 154 are to be replaced by this regulation and by subsequent commission acts to be adopted pursuant to this regulation . accordingly , those legislative acts should be repealed . however , to ensure legal clarity and avoid a legal vacuum , the repeal should only take effect when the relevant delegated and implementing acts are adopted pursuant to this regulation . it is therefore necessary to provide the commission with the empowerment to determine the dates when the repeal of those legislative acts should take effect . ### the rules laid down in the legislative acts referred to in recital 154 are to be replaced by this regulation and by subsequent commission acts to be adopted pursuant to this regulation . accordingly , those legislative acts should be repealed , except very recent and still under negotiation ones . in order to ensure legal clarity and avoid a legal vacuum , the repeal should only take effect when the relevant delegated and implementing acts are adopted pursuant to this regulation . it is therefore necessary to provide the commission with the empowerment to determine the dates when the repeal of those legislative acts should take effect .


### in order to ensure legal certainty as regards the application of rules for identification and registration of animals , disease control measures for certain zoonoses and non - commercial movements of pet animals , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the date on which regulations no 1760 / 2000 , no xxx / xxx [ ex - 998 / 2003 ] and no 21 / 2004 and directives 92 / 66 / eec , 2000 / 75 / ec , 2001 / 89 / ec , 2002 / 60 / ec , 2003 / 85 / ec , 2005 / 94 / ec and 2008 / 71 / ec cease to apply . ### in order to ensure legal certainty as regards the application of rules for identification and registration of animals , disease control measures for certain zoonoses and non - commercial movements of pet animals , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the date on which regulations no xxx / xxx [ ex - 998 / 2003 ] and no 21 / 2004 and directives 92 / 66 / eec , 2000 / 75 / ec , 2001 / 89 / ec , 2002 / 60 / ec , 2003 / 85 / ec , 2005 / 94 / ec and 2008 / 71 / ec cease to apply .


### transitional measures related to the repeal of regulation no 1760 / 2000 , regulation no 21 / 2004 and directive 2008 / 71 / ec ### transitional measures related to the repeal of regulation no 21 / 2004 and directive 2008 / 71 / ec


### notwithstanding article 258 of this regulation , regulations no 1760 / 2000 , and no 21 / 2004 and directive 2008 / 71 / ec shall continue to apply until the date to be determined in a delegated act adopted in accordance with paragraph 2 of this article . ### notwithstanding article 258 of this regulation , regulation no 21 / 2004 and directive 2008 / 71 / ec shall continue to apply until the date to be determined in a delegated act adopted in accordance with paragraph 2 of this article .


### ‘ rights revenue’ means income collected by a collecting society on behalf of rightholders , whether from an exclusive right , a right to remuneration or a right to compensation ; ### ' rights revenue ' means income collected by a collective management organisation on behalf of rightholders , whether from an exclusive right , a right to remuneration or a right to compensation , and including any income derived from the investments of rights revenue ;


### rightholders shall have the right to terminate the authorisation to manage rights , categories of rights or types of works and other subject matter granted to a collecting society or to withdraw from a collecting society any of the rights or categories of rights or types of works and other subject matter of their choice , for the member states of their choice , upon serving reasonable notice not exceeding six months . the collecting society may decide that such termination or withdrawal will take effect only at the middle and at the end of the financial year , whichever is sooner after the expiry of the notice period . ### rightholders shall have the right to terminate the authorisation to manage rights , categories of rights , works or types of works and other subject matter granted to a collective management organisation or to withdraw from a collective management organisation any of the rights or categories of rights , works or types of works and other subject matter of their choice , at any time during the term of the authorisation , for the member states of their choice , upon serving reasonable notice not exceeding six months . the collective management organisation may decide that such termination or withdrawal will take effect only at the middle and at the end of the financial year , whichever is sooner after the expiry of the notice period .


### collecting societies shall not restrict the exercise of rights provided under paragraphs 3 and 4 by requiring that the management of rights or categories of rights or type of works and other subject matter which are subject to the termination or the withdrawal are entrusted to another collecting society . ### collective management organisations shall not restrict the exercise of rights provided under paragraphs 3 and 4 by requiring that the management of rights or categories of rights , works or type of works and other subject matter which are subject to the termination or the withdrawal are entrusted to another collective management organisation .


### member states shall ensure that the rightholder gives express consent specifically for each right or category of rights or type of works and other subject matter which that rightholder authorises the collecting society to manage and that any such consent is evidenced in documentary form . ### member states shall ensure that the rightholder gives express consent specifically for each right or category of rights , works or type of works and other subject matter which that rightholder authorises the collective management organisation to manage and that any such consent is evidenced in documentary form .


### the general meeting shall control the activities of the collecting society by , at least , deciding on the appointment and removal of the auditor and approving the annual transparency report and the auditor ' s report . ### the general meeting shall control the activities of the collective management organisation by , at least , deciding on the appointment and removal of the auditor and approving the annual transparency report and the auditor ' s report . if the financial management practice of the collective management organisation is reasonably in doubt , the general meeting may decide to conduct an external audit . the result of such external audit shall be communicated to all members and to the public .