### 4 member states and the bodies designated by them for that purpose shall be responsible for implementing programmes and carrying out their tasks under this regulation and the fund - specific rules at the appropriate territorial level , in accordance with the institutional , legal and financial framework of the member state and subject to compliance with this regulation and the fund - specific rules . ### member states and the bodies designated by them for that purpose shall be responsible for preparing and implementing programmes and carrying out their tasks under this regulation and the fund - specific rules at the appropriate territorial level , in accordance with the institutional , legal and financial framework of the member state and subject to compliance with this regulation and the fund - specific rules .


### in accordance with their respective responsibilities , the commission and the member states shall ensure coordination among the csf funds , and with other union policies and instruments , including those in the framework of the union ' s external action . ### in accordance with their respective responsibilities , the commission and the member states shall ensure coordination among the csf funds , and with other union policies and instruments , including those in the framework of the union ' s external action . special attention shall be given and , where relevant , resources be allocated for areas in which other union funds explicitly provide for an integrated approach , such as joint funding for integrated projects in the field of environment and climate .


### the member states and the commission shall ensure that equality between men and women and the integration of gender perspective is promoted in the preparation and implementation of programmes . ### the member states and the commission shall ensure equality between men and women and the coherent integration of the gender perspective into all stages of the preparation , programming and implementation , monitoring and evaluation of the csf - funds using 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 take appropriate steps to prevent any discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation during the preparation and implementation of programmes . ### the member states and the commission shall take appropriate steps to prevent any discrimination based on sex , racial or ethnic origin , religion or belief , disability , age , sexual orientation or gender identity during the preparation and implementation of programmes by paying particular attention to those who face multiple discriminations . the accessibility for disabled persons shall be one of the criteria to be observed in defining operations co - financed by the funds and to be taken into account during the various implementation stages .


### the objectives of the csf funds shall 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 of the treaty , taking into account the polluter pays principle . ### the objectives of the csf funds shall be pursued in the framework of integrated sustainable development and the union ' s promotion of the aim of protecting and improving the environment , as set out in articles 11 and 19 of the treaty , taking into account the polluter pays principle and minimising future external costs for the european society .


### the member states and the commission shall ensure that environmental protection requirements , resource efficiency , climate change mitigation and adaptation , disaster resilience and risk prevention and management are promoted in the preparation and implementation of partnership contracts and programmes . member states shall provide information on the support for climate change objectives using the methodology adopted by the commission . the commission shall adopt this methodology by means of an implementing act . the implementing act shall be adopted in accordance with the examination procedure referred to in article 143 . ### the member states and the commission shall , based on existing environmental legislation , ensure that environmental protection requirements , resource efficiency , biodiversity and ecosystem protection , climate change mitigation and adaptation and ecosystem - based disaster resilience and risk prevention and management are promoted in the preparation and implementation of partnership contracts and included as objectives in the programmes . member states shall provide information on the support for climate change and biodiversity objectives using the methodology adopted by the commission . the commission shall adopt this methodology by means of an implementing act . the implementing act shall be adopted in accordance with the examination procedure referred to in article 143 . sustainability shall also be ensured in terms of maintaining and creating employment .


### member states shall assess whether the applicable ex ante conditionalities are fulfilled . ### member states shall assess in accordance with their institutional and legal framework and in the context of the establishment of the partnership agreement and programmes whether the ex ante conditionalities laid down in the respective fund - specific rules and the general ex - ante conditionalities set out in section 2 of annex v are applicable to the specific objectives pursued within the priorities of their programmes and whether the applicable ex ante conditionalities are fulfilled . ex ante conditionalities shall apply only to the extent and provided that the definition laid down in article 2 is complied with regarding the specific objectives pursued under the priorities of the programme . the assessment of applicability shall in accordance with article 4 take account of the principle of proportionality having regard to the level of support allocated . the assessment of fulfilment shall be limited to the criteria laid down in the fund - specific rules .


### paragraphs 1 to 5 shall not apply to programmes under the european territorial cooperation goal . ### paragraphs 1 to 5b shall not apply to programmes under the european territorial cooperation goal .


### 5% of the resources allocated to each csf fund and member state , with the exception of resources allocated to the european territorial cooperation goal , to the youth employment initiative , and to title v of the emff regulation , shall constitute a performance reserve to be allocated in accordance with article 20 . ### 5% of the resources allocated to the erdf , esf and cohesion fund under the investment for growth and jobs goal referred to in article 81 , as well as to the eafrd and to title v of the emff shall constitute a performance reserve , which shall be established in the partnership agreement and programmes in accordance with the framework set out in annex ii and allocated to specific priorities in accordance with article 20 . the following resources are excluded for the purpose of calculating the performance reserve : resources allocated to the youth employment initiative as defined in the operational programme in accordance with article 15 iii of regulation esf ; resources allocated to technical assistance at the initiative of the commission in accordance with fund - specific rules ; resources transferred to the connecting europe facility from the cohesion fund in accordance with article 84 ; resources transferred to the fund for european aid for the most deprived in accordance with article 84 ; resources allocated for innovative actions for sustainable urban development in accordance with article 84 .


### each programme , except those which cover exclusively technical assistance , shall include a description of the actions to take into account the principles set out in articles 7 and 8 . ### each programme , except those which cover exclusively technical assistance , shall include measurable qualitative and quantitative targets and milestones for the indicators relating to the horizontal principles set out in articles 7 and 8 , which shall , where appropriate , be added to the programme - specific indicators and specific actions to be taken in order to comply with the principles set out in articles 7 and 8 .


### requests for amendment of programmes submitted by a member state shall be duly substantiated and shall in particular set out the expected impact of the changes to the programme on achieving the union strategy for smart , sustainable and inclusive growth and the specific objectives defined in the programme , taking account of the common strategic framework and the partnership contract . they shall be accompanied by the revised programme and , where appropriate , a revised partnership contract . ### requests for amendment of programmes submitted by a member state shall be duly substantiated and shall in particular set out the expected impact of the changes to the programme on achieving the union strategy for smart , sustainable and inclusive growth and sustainable development and the specific objectives defined in the programme , taking account of the common strategic framework and the partnership contract . requests shall be made according to the requirements laid down in article 24 , in particular those related to the horizontal principals including the partnership principle and the multi - level governance approach referred to in article 5 .


### a local development strategy shall contain at least the following elements : ### a local sustainable development strategy shall contain at least the following elements :


### member states shall define criteria for the selection of local development strategies . the fund - specific rules may set out selection criteria . ### member states shall define criteria for the selection of local sustainable development strategies . the fund - specific rules may set out selection criteria .


### local development strategies shall be selected by a committee set up for this purpose by the relevant managing authorities of the programmes . ### local sustainable development strategies shall be selected by a committee set up for this purpose by the relevant managing authorities of the programmes . the partners referred to in article 5 shall be appropriately represented in this committee .


### the selection and approval of all local development strategies shall be completed by 31 december 2015 at the latest . ### the selection and approval of local sustainable development strategies designed and implemented by existing local action groups shall be completed by 31 december 2015 at the latest , the selection and approval for local development strategies proposed by newly established local action groups shall be completed by 31 december 2016 at the latest .


### the decision to approve a local development strategy by the managing authority shall set out the allocations of each csf fund . it shall also set out the roles of the authorities responsible for the implementation of the relevant programmes for all implementation tasks relating to the strategy . ### the decision to approve a local sustainable development strategy by the managing authority shall set out the allocations of each csf fund . it shall also set out the roles of the authorities responsible for the implementation of the relevant programmes for all implementation tasks relating to the strategy .


### the ex post evaluations shall be carried out by the commission or by the member states , in close cooperation . ex post evaluations shall examine the effectiveness and efficiency of the csf funds and their contribution to the union strategy for smart , sustainable and inclusive growth in accordance with specific requirements established in the fund - specific rules . ex post evaluations shall be completed by 31 december 2023 . ### the ex post evaluations shall be carried out by the commission or by the member states , in close cooperation . ex post evaluations shall examine the effectiveness and efficiency of the csf funds and their contribution to the union strategy for smart , sustainable and inclusive growth in accordance with the targets of the flagships of the union strategy for smart , sustainable and inclusive growth and the specific requirements established in the fund - specific rules . ex post evaluations shall be completed by 31 december 2023 .


### resources for the european territorial cooperation goal shall amount to 3 , 48 % of the global resources available for budgetary commitment from the funds for the period 2014 to 2020 . ### resources for the european territorial cooperation goal shall amount to 7 % of the global resources available for budgetary commitment from the funds for the period 2014 to 2020 . these resources will be deducted from the overall resources allocated to cohesion policy on the basis of a breakdown by cooperation programmes .


### the erdf and the esf may finance , in a complementary manner and subject to a limit of 5 % of union funding for each priority axis of an operational programme , a part of an operation for which the costs are eligible for support from the other fund on the basis of eligibility rules applied to that fund , provided that they are necessary for the satisfactory implementation of the operation and are directly linked to it . ### the erdf and the esf may finance , in a complementary manner and subject to a limit of 10% of union funding for a priority axis of an operational programme in cases where the priority axis corresponds to the option laid down in paragraph 1 of art . 87 and to a limit of 20 % of union funding for each a priority axis of an operational programme in cases where the priority axis corresponds to the option laid down in paragraph 1 of article 87 , a part of an operation for which the costs are eligible for support from the other fund on the basis of eligibility rules applied to that fund , provided that they are necessary for the satisfactory implementation of the operation and are directly linked to it .


### network and information systems and services play a vital role in the society . their reliability and security are essential to economic activities and social welfare , and in particular to the functioning of the internal market . ### network and information systems and services play a vital role in the society . their reliability and security are essential to economic activities , social welfare and communications and exchanges between people , civil - society organisations and undertakings , as well as protection of , and respect for , private life and personal data .


### the magnitude and frequency of deliberate or accidental security incidents is increasing and represents a major threat to the functioning of networks and information systems . such incidents can impede the pursuit of economic activities , generate substantial financial losses , undermine user confidence and cause major damage to the economy of the union . ### the magnitude and frequency of deliberate or accidental security incidents is increasing and represents a major threat to the functioning of networks and information systems . such incidents can impede the pursuit of economic activities , generate substantial financial losses , undermine user confidence and cause major damage to the economy of the union . there has been a growing recognition that control systems are vulnerable to cyber - attacks from numerous sources , including hostile governments , terrorist groups and other malicious intruders . smart attacks and coordinated attacks could have severe impacts to the stability , performance , and economics of the infrastructure .


### the provisions of this directive should be without prejudice to the possibility for each member state to take the necessary measures to ensure the protection of its essential security interests , to safeguard public policy and public security , and to permit the investigation , detection and prosecution of criminal offences . in accordance with article 346 tfeu , no member state is to be obliged to supply information the disclosure of which it considers contrary to the essential interests of its security . ### the provisions of this directive should be without prejudice to the possibility for each member state to take the necessary measures to ensure the protection of its essential security interests , to safeguard public policy and public security , and to permit the investigation , detection and prosecution of criminal offences , with the proviso that they should not take this as a pretext for failing to comply with their more general obligations with regard to respect for the protection of private life and personal data . in accordance with article 346 tfeu , no member state is to be obliged to supply information the disclosure of which it considers contrary to the essential interests of its security .


### to achieve and maintain a common high level of security of network and information systems , each member state should have a national nis strategy defining the strategic objectives and concrete policy actions to be implemented . nis cooperation plans complying with essential requirements need to be developed at national level in order to reach capacity response levels allowing for effective and efficient cooperation at national and union level in case of incidents . ### to achieve and maintain a common high level of security of network and information systems , each member state should have a national nis strategy defining the strategic objectives and concrete policy actions to be implemented . nis cooperation plans complying with essential requirements need to be developed at national level in order to reach capacity response levels allowing for effective and efficient cooperation at national and union level in case of incidents , respecting and protecting private life and personal data .


### a secure information - sharing infrastructure should be put in place to allow for the exchange of sensitive and confidential information within the cooperation network . without prejudice to their obligation to notify incidents and risks of union dimension to the cooperation network , access to confidential information from other member states should only be granted to members states upon demonstration that their technical , financial and human resources and processes , as well as their communication infrastructure , guarantee their effective , efficient and secure participation in the network . ### a secure information - sharing infrastructure should be put in place to allow for the exchange of sensitive and confidential information within the cooperation network . the secure trans european services for telematics between administrations could be used for this purpose . without prejudice to their obligation to notify incidents and risks of union dimension to the cooperation network , access to confidential information from other member states should only be granted to members states upon demonstration that their technical , financial and human resources and processes , as well as their communication infrastructure , guarantee their effective , efficient and secure participation in the network .


### to ensure transparency and properly inform eu citizens and market operators , the competent authorities should set up a common website to publish non confidential information on the incidents and risks . ### to ensure transparency and properly inform eu citizens and market operators , the competent authorities should set up a common website to publish , promptly , comprehensive non confidential information on the incidents and risks .


### given the global nature of nis problems , there is a need for closer international cooperation to improve security standards and information exchange , and promote a common global approach to nis issues . ### given the global nature of nis problems , there is a need for closer international cooperation to improve security standards and information exchange , and promote a common global approach to nis issues . any framework for such international cooperation should be subject to the provisions of directive 95 / 46 / ec and regulation no 45 / 2001 .


### given the global nature of nis problems , there is a need for closer international cooperation to improve security standards and information exchange , and promote a common global approach to nis issues . ### given the global nature of nis problems , there is a need for closer international cooperation to improve security standards and information exchange , and promote a common global approach to nis issues , with the proviso that the states with which this cooperation is planned have data control and protection instruments which ensure the same level of security as those of the eu .


### responsibilities in ensuring nis lie to a great extent on public administrations and market operators . a culture of risk management , involving risk assessment and the implementation of security measures appropriate to the risks faced should be promoted and developed through appropriate regulatory requirements and voluntary industry practices . establishing a level playing field is also essential to the effective functioning of the cooperation network to ensure effective cooperation from all member states . ### responsibilities in ensuring nis lie to a great extent on public administrations and undertakings . a culture of risk management , involving risk assessment and the implementation of security measures which seek to anticipate security incidents , whether deliberate or accidental , should be promoted and developed through appropriate regulatory requirements and voluntary industry practices . where such a culture of risk management already exists , and , in particular , where it relies on voluntary practices , it should be supported , strengthened and shared . establishing a level playing field is also essential to the effective functioning of the cooperation network to ensure effective cooperation from all member states .


### competent authorities should pay due attention to preserving informal and trusted channels of information - sharing between market operators and between the public and the private sectors . publicity of incidents reported to the competent authorities should duly balance the interest of the public in being informed about threats with possible reputational and commercial damages for the public administrations and market operators reporting incidents . in the implementation of the notification obligations , competent authorities should pay particular attention to the need to maintain information about product vulnerabilities strictly confidential prior to the release of appropriate security fixes . ### competent authorities should pay due attention to preserving informal and trusted channels of information - sharing between market operators and between the public and the private sectors . publicity of incidents reported to the competent authorities should assign precedence to the interest of the public in being informed about threats rather than to short - term economic considerations .


### personal data are in many cases compromised as a result of incidents . in this context , competent authorities and data protection authorities should cooperate and exchange information on all relevant matters to tackle the personal data breaches resulting from incidents . member states shall implement the obligation to notify security incidents in a way that minimises the administrative burden in case the security incident is also a personal data breach in line with the regulation of the european parliament and of the council on the protection of individuals with regard to the processing of personal data and on the free movement of such data . liaising with the competent authorities and the data protection authorities , enisa could assist by developing information exchange mechanisms and templates avoiding the need for two notification templates . this single notification template would facilitate the reporting of incidents compromising personal data thereby easing the administrative burden on businesses and public administrations . ### personal data are in many cases compromised as a result of incidents . in this context , competent authorities should cooperate and exchange information , where appropriate with market operators , in order to tackle personal data breaches resulting from incidents in line with applicable data protection rules . member states shall implement the obligation to notify security incidents in a way that minimises the administrative burden in case the security incident is also a personal data breach in line with the regulation of the european parliament and of the council on the protection of individuals with regard to the processing of personal data and on the free movement of such data . liaising with the competent authorities and the data protection authorities , enisa could assist by developing information exchange mechanisms and templates avoiding the need for two notification templates . this single notification template would facilitate the reporting of incidents compromising personal data thereby easing the administrative burden on businesses and public administrations .


### the sharing of information on risks and incidents within the cooperation network and compliance with the requirements to notify incidents to the national competent authorities may require the processing of personal data . such a processing of personal data is necessary to meet the objectives of public interest pursued by this directive and is thus legitimate under article 7 of directive 95 / 46 / ec . it does not constitute , in relation to these legitimate aims , a disproportionate and intolerable interference impairing the very substance of the right to the protection of personal data guaranteed by article 8 of the charter of fundamental rights . in the application of this directive , regulation no 1049 / 2001 of the european parliament and of the council of 30 may 2001 regarding public access to european parliament , council and commission documents31 should apply as appropriate . when data are processed by union institutions and bodies , such processing for the purpose of implementing this directive should comply with regulation no 45 / 2001 of the european parliament and of the council of 18 december 2000 on the protection of individuals with regard to the processing of personal data by the community institutions and bodies and on the free movement of such data . __________________ 31 oj l 145 , 31 . 05 . 01 , p . 43 . ### the sharing of information on risks and incidents within the cooperation network and compliance with the requirements to notify incidents to the national competent authorities may require the processing of personal data . where such a processing of personal data is necessary to meet the objectives of public interest pursued by this directive , it may be legitimate under article 7 of directive 95 / 46 / ec . it does not , however , relieve the competent authorities of the obligation to act proportionately , in a way which is likely not to impair the right to the protection of personal data guaranteed by article 8 of the charter of fundamental rights . in the application of this directive , regulation no 1049 / 2001 of the european parliament and of the council of 30 may 2001 regarding public access to european parliament , council and commission documents should apply as appropriate31 . when data are processed by union institutions and bodies , such processing for the purpose of implementing this directive should comply with regulation no 45 / 2001 of the european parliament and of the council of 18 december 2000 on the protection of individuals with regard to the processing of personal data by the community institutions and bodies and on the free movement of such data . __________________ 31 oj l 145 , 31 . 05 . 01 , p . 43 .


### this directive shall also be without prejudice to directive 95 / 46 / ce of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data , and to directive 2002 / 58 / ec of the european parliament and of the council of 12 july 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector and to the regulation of the european parliament and of the council on the protection of individuals with regard to the processing of personal data and on the free movement of such data . ### this directive shall also be without prejudice to directive 95 / 46 / ce of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data , and to directive 2002 / 58 / ec of the european parliament and of the council of 12 july 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector and the regulation no 45 / 2001 of the european parliament and of the council of 18 december 2000 on the protection of individuals with regard to the processing of personal data by the community institutions and bodies and on the free movement of such data . any use of the personal data should be limited to what is strictly necessary for the purposes of this directive , and this data should be as anonymous as possible , if not completely anonymous .


### this directive shall also be without prejudice to directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data , and to directive 2002 / 58 / ec of the european parliament and of the council of 12 july 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector and to the regulation of the european parliament and of the council on the protection of individuals with regard to the processing of personal data and on the free movement of such data . ### this directive shall fully respect directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data , and directive 2002 / 58 / ec of the european parliament and of the council of 12 july 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector and regulation no 45 / 2001 of the european parliament and of the council of 18 december 2000 on the protection of individuals with regard to the processing of personal data by the community institutions and bodies and on the free movement of such data .


### ' security ' means the ability of a network and information system to resist , at a given level of confidence , accident or malicious action that compromise the availability , authenticity , integrity and confidentiality of stored or transmitted data or the related services offered by or accessible via that network and information system ; ### ' security ' means the ability of a network and information system to resist accident or malicious action that compromise the availability , authenticity , integrity and confidentiality of stored or transmitted data or the related services offered by or accessible via that network and information system ;


### ' incident ' means any circumstance or event having an actual adverse effect on security ; ### ' incident ' means any circumstance or event having an actual adverse effect on security and the provision of core services ;


### operator of critical infrastructure that are essential for the maintenance of vital economic and societal activities in the fields of energy , transport , banking , stock exchanges and health , a non exhaustive list of which is set out in annex ii . ### operator of critical infrastructure that are essential for the maintenance of economic stability and resilience , public health , public safety or any combination thereof , and the disruption or destruction of which would have a significant impact in a member state as a result of the failure to maintain those functions , a non - exhaustive list of which is set out in annex ii .


### a risk assessment plan to identify risks and assess the impacts of potential incidents ; ### a risk assessment plan to identify risks and assess the impacts of potential incidents ; the plan should be reviewed and updated annually ;


### a risk assessment plan to identify risks and assess the impacts of potential incidents ; ### a risk management framework incorporating , at the minimum , regular assessment to identify risks and assess the impacts of potential incidents , and measures to preserve the security and integrity of information , including early warning ;


### the national nis strategy and the national nis cooperation plan shall be communicated to the commission within one month from their adoption . ### the national nis strategy and the national nis cooperation plan shall be communicated to the commission within three months from their adoption .


### the national nis strategy and the national nis cooperation plan shall be communicated to the commission within one month from their adoption . ### the national nis strategy and the national nis cooperation plan shall be communicated to the commission , the european parliament , the council and the european data protection supervisor within one month from their adoption , which shall be not later than 12 months after the entry into force of this directive .


### the competent authorities shall consult and cooperate , whenever appropriate , with the relevant law enforcement national authorities and data protection authorities . ### the competent authorities shall consult and cooperate closely with the competent law enforcement national authorities and data protection authorities , whenever appropriate and taking into account the principle of proportionality .


### each member state shall set up a computer emergency response team responsible for handling incidents and risks according to a well - defined process , which shall comply with the requirements set out in point of annex i . a cert may be established within the competent authority . ### each member state shall set up computer emergency response teams responsible for handling incidents and risks according to a well - defined process , which shall comply with the requirements set out in point of annex i . where appropriate , a cert shall be established within the competent authority .


### the cooperation network shall bring into permanent communication the commission and the competent authorities . when requested , the european network and information security agency shall assist the cooperation network by providing its expertise and advice . ### the cooperation network shall bring into permanent communication the commission and the competent authorities . when requested , the european network and information security agency shall assist the cooperation network by providing technology neutral guidance with suitable measures for both public and private sectors .


### the commission shall establish , by means of implementing acts , the necessary modalities to facilitate the cooperation between competent authorities and the commission referred to in paragraphs 2 and 3 . those implementing acts shall be adopted in accordance with the consultation procedure referred to in article 19 . ### the commission shall establish , by means of implementing acts , the necessary modalities to facilitate the cooperation between competent authorities and the commission referred to in paragraphs 2 and 3 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 19 .


### without prejudice to the possibility for the cooperation network to have informal international cooperation , the union may conclude international agreements with third countries or international organisations allowing and organizing their participation in some activities of the cooperation network . such agreement shall take into account the need to ensure adequate protection of the personal data circulating on the cooperation network . ### without prejudice to the possibility for the cooperation network to have informal international cooperation , the union may conclude international agreements with third countries or international organisations allowing and organizing their participation in some activities of the cooperation network . such agreement shall only be concluded if a level of protection of the personal data circulating on the cooperation network can be ensured which is adequate and comparable to that of the union .


### member states shall ensure that public administrations and market operators take appropriate technical and organisational measures to manage the risks posed to the security of the networks and information systems which they control and use in their operations . having regard to the state of the art , these measures shall guarantee a level of security appropriate to the risk presented . in particular , measures shall be taken to prevent and minimise the impact of incidents affecting their network and information system on the core services they provide and thus ensure the continuity of the services underpinned by those networks and information systems . ### member states shall ensure that public administrations and market operators take appropriate technical and organisational measures to manage the risks posed to the security of the networks and information systems which they control and use in their operations . these measures shall ensure a level of security appropriate to the risk presented in particular , effective and proportionate measures shall be taken to prevent and minimise the impact of incidents affecting their network and information system on the core services they provide and thus ensure the continuity of the core services underpinned by those networks and information systems . where necessary , public administrations and market operators must also take , at their own costs , appropriate and immediate measures to remedy any new , unforeseen security risks and restore the normal security level of the service .


### member states shall ensure that public administrations and market operators take appropriate technical and organisational measures to manage the risks posed to the security of the networks and information systems which they control and use in their operations . having regard to the state of the art , these measures shall guarantee a level of security appropriate to the risk presented . in particular , measures shall be taken to prevent and minimise the impact of incidents affecting their network and information system on the core services they provide and thus ensure the continuity of the services underpinned by those networks and information systems . ### member states shall ensure that public administrations and market operators take appropriate technical and organisational measures to detect , effectively manage and limit the risks posed to the security of the networks and information systems which they control and use in their operations . having regard to the state of the art , these measures shall guarantee a level of security appropriate and proportional to the risk presented . in particular , measures shall be taken to prevent and minimise the impact of incidents affecting their network and information system on the core services they provide and thus ensure the continuity of the services and security of the data underpinned by those networks and information systems .


### the competent authorities shall work in close cooperation with personal data protection authorities when addressing incidents resulting in personal data breaches . ### without prejudice to applicable data protection law , and in full consultation with the relevant data controllers and processors , the competent authorities and the single points of contact shall work in close cooperation with personal data protection authorities when addressing incidents resulting in personal data breaches .


### the processing is carried out by a public authority or body ; or ### the processing is carried out by a public authority or body or on their behalf ; or


### the processing is carried out by an enterprise employing 250 persons or more ; or ### the processing is carried out by a legal person and relates to more than 100 data subjects per year ; or


### in the case referred to in point of paragraph 1 , a group of undertakings may appoint a single data protection officer . ### in the case referred to in point of paragraph 1 , a group of undertakings may appoint a single data protection officer where this applies to a single jurisdiction .


### the practical measures for linking the general mandate objectives and their implementation will be set out in regional operational guidelines developed by the commission together with the eib , in consultation with the eeas on policy issues , appropriate . these guidelines should take as a starting point the wider eu policy framework for each region , reflect eu country strategies and aim to ensure that eib financing is complementary to corresponding eu assistance policies , programmes and instruments in the different regions . the guidelines should be provided to the european parliament and council in the framework of the annual reporting exercise on the eib external mandate of the commission . ### the practical measures for linking the general mandate objectives and their implementation will , preceded by public consultation in the concerned regions , be set out in regional operational guidelines developed by the commission together with the eib , in consultation with the eeas on policy issues , appropriate . these guidelines should take as a starting point the wider eu policy framework for each region , reflect eu country strategies and aim to ensure that eib financing is complementary to corresponding eu assistance policies , programmes and instruments in the different regions . the guidelines should be provided to the european parliament and council in the framework of the annual reporting exercise on the eib external mandate of the commission .


### the commission shall develop , together with the eib , regional operational guidelines for eib financing under this decision . in drawing up these guidelines the commission and the eib will consult with the european external action service on policy issues , as appropriate . the operational guidelines aim to ensure that eib financing supports eu policies , and shall take as a starting point the wider eu regional policy framework set by the commission and the eeas , as appropriate . notably , the operational guidelines will ensure that eib financing is complementary to corresponding eu assistance policies , programmes and instruments in the different regions , taking into account european parliament resolutions and council decisions and conclusions . the commission will inform the european parliament and the council of the guidelines established . within the framework set out by the operational guidelines , the eib shall define corresponding financing strategies and ensure their implementation . ### preceded by public consultation in the regions concerned , the commission shall develop , together with the eib , regional operational guidelines for eib financing under this decision . in drawing up these guidelines the commission and the eib will consult with the european external action service on policy issues , as appropriate . the operational guidelines aim to ensure that eib financing supports eu policies , and shall take as a starting point the wider eu regional policy framework set by the commission and the eeas , as appropriate . notably , the operational guidelines will ensure that eib financing is complementary to corresponding eu assistance policies , programmes and instruments in the different regions , taking into account european parliament resolutions and council decisions and conclusions . the commission will inform the european parliament and the council of the guidelines established . within the framework set out by the operational guidelines , the eib shall define corresponding financing strategies and ensure their implementation .


### the eib shall provide the information referred to in paragraphs 2 , 3 and 4 at its own expense . ### the eib shall make public and provide the information referred to in paragraphs 2 , 3 and 4 at its own expense .


### having regard to the treaty on the functioning of the european union , and in particular articles 157 thereof , ### having regard to the treaty on the functioning of the european union , and in particular articles 8 , 157 and thereof ,


### the efficient use of human capital is the most important determinant of an economy ' s competitiveness and is key to addressing the eu ' s demographic challenges , to competing successfully in a globalised economy and to ensuring a comparative advantage vis - à - vis third countries . the pool of highly trained and qualified women is constantly growing as evidenced by the fact that 60 per cent of university graduates are female . a continued failure to draw on this pool in appointments to economic decision - making positions would amount to a failure to fully exploit skilled human capital . ### the efficient use of human capital is the most important determinant of an economy ' s competitiveness , to competing successfully in a globalised economy . there is a pool of highly trained and qualified women as evidenced among others by the fact that 60 per cent of university graduates are female . a continued failure to draw on this pool in appointments to economic decision - making positions would amount to a failure to fully exploit skilled human capital .


### in several member states , a certain proportion of the non - executive directors can or must be appointed or elected by the company ' s workforce and / or organisations of workers pursuant to national law or practice . the quantitative objectives provided for in this directive should apply to all non - executive directors including employee representatives . however , the practical procedures for ensuring that those objectives are attained , taking into account the fact that some non - executive directors are employee representatives , should be defined by the member states concerned . ### in several member states , a certain proportion of the non - executive directors can or must be appointed or elected by the company ' s workforce and / or organisations of workers pursuant to national law or practice . the quantitative objectives provided for in this directive should apply to all directors including employee representatives . this directive should take account of the diversity of selection procedures that exists in member states .


### in line with that case - law , member states should ensure that the selection of the best qualified candidates for non - executive directors is based on a comparative analysis of the qualifications of each candidate on the basis of pre - established , clear , neutrally formulated and unambiguous criteria . examples of types of selection criteria that companies could apply include professional experience in managerial and / or supervisory tasks , knowledge in specific relevant areas such as finance , controlling or human resources management , leadership and communication skills and networking abilities . priority should be given to the candidate of the under - represented sex if that candidate is equally qualified as the candidate of the other sex in terms of suitability , competence and professional performance , and if an objective assessment taking account of all criteria specific to the individual candidates does not tilt the balance in favour of a candidate of the other sex . ### in line with article 23 of the charter of fundamental rights of the european union and where applicable related case - law , member states should ensure transparency in their recruitment , selection and appointment procedures while respecting private life with regard to the processing of personal data , recognised by the articles 7 and 8 of the charter . examples of types of selection criteria that companies could apply include professional experience in managerial and / or supervisory tasks , knowledge in specific relevant areas such as finance , controlling or human resources management , leadership and communication skills and networking abilities . priority should be given to the candidate of the under - represented sex if that candidate is at least equally qualified as the candidate of the other . member states should ensure that companies that do not progress towards the directive ' s key objective disclose additional information on their recruitment , selection and appointment policies , and in particular deliver concrete plans to improve gender balance on their boards .


### in line with that case - law , member states should ensure that the selection of the best qualified candidates for non - executive directors is based on a comparative analysis of the qualifications of each candidate on the basis of pre - established , clear , neutrally formulated and unambiguous criteria . examples of types of selection criteria that companies could apply include professional experience in managerial and / or supervisory tasks , knowledge in specific relevant areas such as finance , controlling or human resources management , leadership and communication skills and networking abilities . priority should be given to the candidate of the under - represented sex if that candidate is equally qualified as the candidate of the other sex in terms of suitability , competence and professional performance , and if an objective assessment taking account of all criteria specific to the individual candidates does not tilt the balance in favour of a candidate of the other sex . ### in line with article 23 of the charter of fundamental rights of the european union and where applicable related case - law , member states should ensure transparency in their recruitment , selection and appointment procedures while respecting private life with regard to the processing of personal data , recognised by the articles 7 and 8 of the charter . examples of types of selection criteria that companies could apply include professional experience in managerial and / or supervisory tasks , knowledge in specific relevant areas such as finance , controlling or human resources management , leadership and communication skills and networking abilities . priority should be given to the candidate of the under - represented sex if that candidate is at least equally qualified as the candidate of the other . member states should ensure that companies that have not achieved the directive ' s key objective disclose additional information on their recruitment , selection and appointment policies , and in particular deliver concrete plans to improve gender balance on their boards .


### this directive aims to improve the gender balance among directors of companies listed on stock exchanges and thus to contribute to the realisation of the principle of equal treatment between men and women , recognised as a fundamental right of the union . listed companies should therefore be required to disclose , upon the request of an unsuccessful candidate , not only the qualification criteria upon which the selection was based , but also the objective comparative assessment of those criteria and , where relevant , the considerations tilting the balance in favour of a candidate who is not of the under - represented sex . these limitations to the right to respect for private life with regard to the processing of personal data , recognised by the articles 7 and 8 of the charter , and the obligation for listed companies to supply that information , upon request , to the unsuccessful candidate , are necessary and , in conformity with the principle of proportionality , genuinely meet recognised objectives of general interest . they are therefore in line with the requirements for such limitations laid down in article 52 of the charter and with the relevant case - law of the court of justice . ### this directive aims to improve the gender balance among directors of companies listed on stock exchanges and thus to contribute to the realisation of the principle of equal treatment between men and women , recognised as a fundamental right of the union . listed companies should therefore be required to disclose to an unsuccessful candidate , not only the qualification criteria upon which the selection was based , but also the objective comparative assessment of those criteria and , where relevant , the considerations tilting the balance in favour of a candidate who is not of the under - represented sex . these limitations to the right to respect for private life with regard to the processing of personal data , recognised by the articles 7 and 8 of the charter , and the obligation for listed companies to supply that information to the unsuccessful candidate , are necessary and , in conformity with the principle of proportionality , genuinely meet recognised objectives of general interest . they are therefore in line with the requirements for such limitations laid down in article 52 of the charter and with the relevant case - law of the court of justice .


### since listed companies should aim to increase the proportion of the under - represented sex in all decision - making positions , member states may provide that the objective laid down in this directive should be considered to be met where listed companies can show that members of the under - represented sex hold at least one third of all director positions , irrespective of whether they are executive or non - executive . ### since the percentage of women among executive directors is even lower , an additional incentive should be created to increase the number of female executive directors . member states may provide that the objective laid down in this directive should be considered to be met where listed companies can show that directors of the underrepresented sex hold at least one third of all director positions under the condition that at least one of the executive directors is of the under - represented sex .


### in addition to the measures relating to non - executive directors , and with a view also to improving the gender balance among directors involved in daily management tasks , listed companies should be required to make individual commitments regarding the representation of both sexes among executive directors , to be achieved at the latest by 1 january 2020 . these commitments should aim to achieve tangible progress from the individual company ' s current position towards better gender balance . ### in addition to the measures relating to non - executive directors , and with a view also to improving the gender balance among directors involved in daily management tasks , listed companies should be required to make individual commitments regarding a more balanced representation of both sexes among executive directors , to be achieved at the latest by 1 january 2020 , or , in case of listed companies which are public undertakings , by 1 january 2018 . these commitments should aim to achieve tangible progress from the individual company ' s current position towards better gender balance .


### ' listed company ' means a company incorporated in a member state whose securities are admitted to trading on a regulated market within the meaning of article 4 of directive 2004 / 39 / ec , in one or more member states ; ### ' listed company ' means a company situated in a member state whose securities are admitted to trading on a regulated market within the meaning of article 4 of directive 2004 / 39 / ec , in one or more member states ;


### member states shall ensure that listed companies are obliged to disclose , on the request of an unsuccessful candidate , the qualification criteria upon which the selection was based , the objective comparative assessment of those criteria and , where relevant , the considerations tilting the balance in favour of a candidate of the other sex . ### member states shall ensure that listed companies are obliged to disclose to an unsuccessful candidate , the number and gender of the candidates in the selection pool while respecting their anonymity in accordance with eu law on data protection , the qualification criteria upon which the selection or appointment was based , the objective comparative assessment of those criteria and , where relevant , the considerations tilting the balance in favour of a candidate of the other sex .


### member states shall ensure that listed companies undertake individual commitments regarding gender - balanced representation of both sexes among executive directors to be achieved at the latest by 1 january 2020 , or , in case of listed companies which are public undertakings , by 1 january 2018 . ### member states shall ensure that listed companies undertake further individual commitments regarding gender - balanced representation of both sexes among executive directors , in accordance with the procedures described in article 4 . the aim of such commitments shall be to make tangible progress towards achieving better gender balance to be achieved at the latest by 1 january 2020 , or , in case of listed companies which are public undertakings , by 1 january 2018 .


### member states shall ensure that listed companies undertake individual commitments regarding gender - balanced representation of both sexes among executive directors to be achieved at the latest by 1 january 2020 , or , in case of listed companies which are public undertakings , by 1 january 2018 . ### member states shall ensure that listed companies undertake individual commitments regarding gender - balanced representation of both sexes among executive directors to be achieved at the latest by 1 january 2020 , or , in case of listed companies which are public undertakings , by 1 january 2018 . these commitments shall aim to achieve tangible progress towards better gender balance .


### member states shall require listed companies to provide information to the competent national authorities , once a year as from [ two years after adoption ] , about the gender representation on their boards , distinguishing between non - executive and executive directors and about the measures taken in view of the objectives laid down in article 4 and in paragraph 1 of this article , and to publish that information in an appropriate and accessible manner on their website . ### 2 . member states shall require listed companies to provide information to the competent national authorities and in their annual reports once a year as from [ two years after adoption ] , about the gender representation on their boards , distinguishing between non - executive and executive directors and about the progress made and the measures taken in view of the objectives laid down in article 4 and in paragraph 1 of this article , and where applicable , about the gender of all appointed directors during the reference period , and to publish that information in an appropriate and publicly accessible manner on their website .


### where a listed company does not meet the objectives laid down in article 4 or its own individual commitments taken pursuant to paragraph 1 of this article , the information referred to in paragraph 2 of this article shall include the reasons for not reaching the objectives or commitments and a description of the measures which the company has adopted or intends to adopt in order to meet the objectives or commitments . ### where a listed company does not meet the objectives laid down in article 4 , 4 and its own individual commitments taken pursuant to paragraph 1 of this article , the information referred to in paragraph 2 of this article shall include the reasons for not reaching the objectives and commitments and a description of the measures which the company has adopted or intends to adopt in order to meet the objectives or commitments . specifically , where a listed company covered by article 5 does not include at least 33% of the under - represented sex in its selection pool for a board position , it shall , in its annual report , present the measures taken to remedy this for any future selection procedures . in case a listed company covered by article 5 has chosen a candidate of the over - represented sex during the reporting year , it shall disclose this in its annual report , including the considerations tilting the balance in favour of this candidate . this shall be accompanied by a description of the measures taken to ensure that future appointments will contribute to achieving the target of article 4 .


### member states may introduce or maintain provisions which are more favourable than those laid down in this directive to ensure a more balanced representation of men and women in respect of companies incorporated in their national territory , provided those provisions do not create unjustified discrimination , nor hinder the proper functioning of the internal market . ### member states are invited to introduce or maintain provisions which are more favourable than those laid down in this directive with a view to achieve the aim of article 23 of the charter of fundamental rights of the european union and ensure a more balanced representation of men and women in respect of companies incorporated in their national territory , provided those provisions are geared towards the aim of this directive and do not go beyond what is necessary to achieve this aim .


### without prejudice to article 4 and , member states which before the entry into force of this directive have already taken measures to ensure a more balanced representation of women and men among the non - executive directors of listed companies may suspend the application of the procedural requirements relating to appointments contained in article 4 , , and , provided that it can be shown that those measures enable members of the under - represented sex to hold at least 40 per cent of the non - executive director positions of listed companies by at the latest 1 january 2020 , or at the latest 1 january 2018 for listed companies which are public undertakings . ### without prejudice to article 4 and , member states which before the entry into force of this directive have already taken measures to ensure a more balanced representation of women and men among the non - executive directors of listed companies may suspend the application of the procedural requirements relating to appointments contained in article 4 , , and , provided that an assessment by the european commission indicates that those measures enable members of the under - represented sex to hold at least 40 per cent of the director positions of listed companies by at the latest 1 january 2020 , or at the latest 1 january 2018 for listed companies which are public undertakings .


### member states having suspended pursuant to article 8 the application of the procedural requirements relating to appointments contained in article 4 , , and shall include information in the reports mentioned in paragraph 1 demonstrating the concrete results obtained by the national measures referred to in article 8 . the commission shall then issue a specific report ascertaining whether those measures effectively enable members of the under - represented sex to hold at least 40 per cent of the non - executive director positions by 1 january 2018 for listed companies which are public undertakings , and by 1 january 2020 for listed companies which are not public undertakings . the first such report shall be issued by the commission by 1 july 2017 , and subsequent reports shall be issued within six months after notification of the respective national reports under paragraph 1 . ### member states having suspended pursuant to article 8 the application of the procedural requirements relating to appointments contained in article 4 , , and shall include information in the reports mentioned in paragraph 1 demonstrating the concrete results obtained by the national measures referred to in article 8 . the commission shall then publish a specific report ascertaining whether those measures effectively enable members of the under - represented sex to hold at least 40 per cent of the non - executive director positions by 1 january 2018 for listed companies which are public undertakings , and by 1 january 2020 for listed companies which are not public undertakings . the first such report shall be published by the commission by 1 july 2017 , and subsequent reports shall be published within six months after notification of the respective national reports under paragraph 1 .


### the financial envelope for implementing the life programme shall be eur 3 618 000 000 . ### the financial envelope for implementing the life programme shall be eur 12&#160 ; 000&#160 ; 000&#160 ; 000 .


### in accordance with their respective responsibilities , the commission and the member states shall ensure coordination between the life programme and the european regional development fund , the european social fund , the cohesion fund , the european agricultural fund for rural development , and the european maritime and fisheries fund , in order to create synergies , particularly in the context of integrated projects referred to in article 18 point , and to support the use of solutions , methods and approaches developed under the life programme . at union level , coordination shall take place within the common strategic framework referred to in article 10 of regulation no… . . ### in accordance with their respective responsibilities , the commission and the member states shall ensure coordination between the life programme and the european regional development fund , the european social fund , the cohesion fund , the european agricultural fund for rural development , and the european maritime and fisheries fund , in order to create synergies , particularly in the context of integrated projects referred to in article 18 point and , including by creating a prioritized action framework under article 8 of directive 92 / 43 / eec , to support the use of solutions , methods and approaches developed under the life programme . at union level , coordination shall take place within the common strategic framework referred to in article 10 of regulation no… . .


### union funding should be designed to support exploratory work on actions which aim to promote the strategic objectives of the integrated maritime policy , including the integrated maritime governance at all levels , the further development and implementation of integrated sea - basin strategies tailored to the specific needs of europe ' s different sea basins , the definition of the boundaries of sustainability of human activities in the framework of the marine strategy framework directive , which constitutes the environmental pillar of the integrated maritime policy , paying due attention to their cumulative impacts , on the basis of the ecosystem approach , the further involvement of stakeholders in integrated maritime governance schemes , the further development of cross - cutting tools for integrated policy - making , the promotion of the international dimension of the integrated maritime policy , and sustainable economic growth , employment , innovation and competitiveness . ### union funding should be designed to support exploratory work on actions which aim to promote the strategic objectives of the integrated maritime policy , including the integrated maritime governance at all levels , the further development and implementation of integrated sea - basin strategies tailored to the specific needs of europe ' s different sea basins , the definition of the boundaries of sustainability of human activities and the implementation of the marine strategy framework directive , which constitutes the environmental pillar of the integrated maritime policy , paying due attention to their cumulative impacts , on the basis of the ecosystem approach , the further involvement of stakeholders in integrated maritime governance schemes , the further development of cross - cutting tools for integrated policy - making , the promotion of the international dimension of the integrated maritime policy , and sustainable economic growth , employment , innovation and competitiveness .


### in 2009 , independent experts adopted the report of the interim evaluation of edctp18 . the opinion of the expert panel was that edctp1 provided a unique platform for a genuine dialogue with african scientists and it has started to bridge the gap between north and south in building research capacities and in providing learning and working opportunities for young african researchers . following this report , there are fundamental issues to be taken into consideration for a second european and developing countries clinical trials partnership programme : the current scope of edctp1 needs to be changed and extended ; the integration of european national programmes should be further improved ; collaboration with other major public and private funders , including the pharmaceutical industry , needs to be strengthened and extended ; synergies with european external policy actions should be developed , in particular with union development assistance ; co - funding rules should be clarified and simplified ; monitoring tools need to be strengthened . __________________ 8 van velzen et al . , independent external evaluation report , december 2009 . ### in 2009 , independent experts adopted the report of the interim evaluation of edctp18 . the opinion of the expert panel was that edctp1 provided a unique platform for a genuine dialogue with african scientists and it has started to bridge the gap between north and south in building research capacities and in providing learning and working opportunities for young african researchers . following this report , there are fundamental issues to be taken into consideration for a second european and developing countries clinical trials partnership programme : the current scope of edctp1 needs to be changed and extended ; the integration of european national programmes should be further improved ; synergies with other major public and private partners , including the pharmaceutical industry , civil society , non - governmental organisations needs to be strengthened and extended ; synergies with european external policy actions should be developed , in particular with union development assistance in the field of health ; co - funding rules should be clarified and simplified ; monitoring tools need to be strengthened . __________________ 8 van velzen et al . , independent external evaluation report , december 2009 .


### in line with the objectives of horizon 2020 framework programme , any member state and any country associated to the horizon 2020 framework programme should be entitled to participate in the edctp2 programme . ### in line with the objectives of horizon 2020 framework programme , any member state and any country associated to the horizon 2020 framework programme should be entitled to participate in the edctp2 programme . it must be ensured , that projects receiving money from the horizon 2020 framework programme are not in breach of international human rights law .


### the union ' s financial contribution should be subject to formal commitments from the participating states to contribute to implement the edctp2 programme and their fulfilment . ### the union ' s financial contribution should be subject to formal commitments from the participating states to contribute to implement the edctp2 programme and their fulfilment . in particular , clinical trials should only get union ' s financial contribution where they are performed in accordance with the declaration of helsinki and where the same standards for data transparency apply as in regulation [ 2012 / 0192 ] .


### the maximum union financial contribution , including efta appropriations , to the edctp2 programme shall be eur 683 million , as follows : ### the maximum union financial contribution , including efta appropriations , to the edctp2 programme shall be at least eur 683 million , to equal the contribution of participating states .


### an increased number of new or improved medical interventions for hiv / aids , tuberculosis , malaria and other poverty - related diseases , and by the end of the programme to have delivered at least one new medical intervention ; to have issued at least 30 guidelines for improved or extended use of existing medical interventions ; and to have progressed the clinical development of at least 20 candidate medical interventions ; ### an increased number of new or improved , accessible and appropriate medical interventions for hiv / aids , tuberculosis , malaria , neglected infectious diseases and other poverty - related diseases , and by the end of the programme to have delivered at least one new medical intervention ; to have issued at least 30 guidelines for improved or extended use of existing medical interventions ; and to have progressed the clinical development of at least 20 candidate medical interventions ;


### continued effort is required in order to meet the requirements set out in article 168 of the treaty . promoting good health at eu level is an integral part of the ‘ europe 2020 : a european strategy for smart , sustainable and inclusive growth’ . keeping people healthy and active for longer will have positive overall health effects , and a positive impact on productivity and competitiveness , while reducing pressures on national budgets . innovation in health helps take up the challenge of sustainability in the sector in the context of demographic change , and action to reduce inequalities in health is important to achieve ‘ inclusive growth’ . it is appropriate in this context to establish a ‘ health for growth’ programme , the third programme of eu action on health . ### continued effort is required in order to meet the requirements set out in article 168 of the treaty . keeping people healthy , both physically and mentally , and active for longer will be of major benefit to people individually as well as to society as a whole , while reducing pressures on national budgets . innovation in health helps take up the challenge of sustainability in the sector in the context of demographic change , and action to reduce inequalities in health is important to achieve the fundamental value of ‘ equality’ as laid down in article 2 of the treaty on european union . it is appropriate in this context to establish the third programme of eu action on health .


### to minimise the public health consequences of cross - border health threats which could range from mass contamination caused by chemical incidents to pandemics , like those unleashed recently by e coli , influenza strain h1n1 or sars , the programme should contribute to the creation and maintenance of robust mechanisms and tools to detect , assess and manage major cross - border health threats . due to the nature of these threats , the programme should support coordinated public health measures at eu level to address different aspects , building on preparedness and response planning , robust and reliable risk assessment and a strong risk and crisis management framework . in this context , it is important that the programme should benefit from complementarity with the work programme of the european centre for disease prevention and control in the fight against communicable diseases and the activities supported under the unions programmes for research and innovation . special efforts should be undertaken to ensure coherence and synergies between the programme and global health work carried out under other community programmes and instruments that address in particular the areas of influenza , hiv / aids , tuberculosis and other cross - border health threats in third countries . action under the programme may also cover cross - border threats to health caused by biological and chemical incidents , environment and climate change . as stated in the commission ' s communication ‘ a budget for europe 2020’ , the commission has committed to mainstreaming climate change into overall union spending programmes and to direct at least 20% of the union budget to climate - related objectives . spending in the health for growth programme under objective 4 will contribute in a general manner to this objective by addressing health threats associated to climate change . the commission will provide information on climate change expenditure within the health for growth programme . ### to minimise the public health consequences of cross - border health threats which could range from mass contamination caused by chemical incidents to pandemics , like those unleashed recently by e coli , influenza strain h1n1 or sars , the programme should contribute to the creation and maintenance of robust mechanisms and tools to detect , assess and manage major cross - border health threats . due to the nature of these threats , the programme should support coordinated public health measures at eu level to address different aspects , building on preparedness and response planning , robust and reliable risk assessment and a strong risk and crisis management framework . in this context , it is important that the programme should benefit from complementarity with the work programme of the european centre for disease prevention and control in the fight against communicable diseases and the activities supported under the unions programmes for research and innovation . special efforts should be undertaken to ensure coherence and synergies between the programme and global health work carried out under other community programmes and instruments that address in particular the areas of influenza , hiv / aids , tuberculosis and other cross - border health threats in third countries . action under the programme should also cover cross - border threats to health caused by biological and chemical incidents , environment and climate change . as stated in the commission ' s communication ‘ a budget for europe 2020’ , the commission has committed to mainstreaming climate change into overall union spending programmes and to direct at least 20% of the union budget to climate - related objectives . spending in the programme under objective 4 will contribute in a general manner to this objective by addressing health threats associated to climate change . the commission will provide information on climate change expenditure within the programme .


### this objective will be measured in particular through the increase of number of health professionals using the expertise gathered through the european reference networks in the context of directive 2011 / 24 / eu on the application of patients ' rights in cross - border healthcare ; the increase of number of patients using these networks ; and the increase of number of member states using the developed guidelines . ### this objective will be measured through the increase of number of health professionals using the expertise gathered through the european reference networks in the context of directive 2011 / 24 / eu on the application of patients ' rights in cross - border healthcare ; the increase of number of patients using these networks ; and the increase of number of member states using the developed guidelines . this objective will also be measured through the number of centres of expertise created ; the uptake of best practice by health providers and health professionals on quality and safety ; the reduction of the use of antimicrobials and of antimicrobial resistance ; the level of implementation of relevant union legislation ; and how widely the results of the programme have been disseminated .


### to identify , disseminate and promote the up - take of validated best practices for cost - effective prevention measure by addressing the key risk factors , namely smoking , abuse of alcohol and obesity , as well as hiv / aids , with a focus on the cross border dimension , in order to prevent diseases and promote good health . ### to identify , disseminate and promote the up - take of validated best practices for cost - effective prevention measure by addressing the key risk factors , namely smoking , abuse of alcohol , unhealthy diet , a sedentary lifestyle and obesity , illegal drugs , improper use of pharmaceuticals , risky sexual behaviour , as well as social and environmental factors , with a focus on the cross border dimension , in order to prevent diseases and promote good physical and mental health .


### identifying , disseminating and promoting up - take of validated best practices for cost - effective prevention measure by addressing the key risk factors , namely smoking , abuse of alcohol and obesity , as well as hiv / aids , with a focus on the cross border dimension , in order to prevent diseases and promote good health ### identifying , disseminating and promoting up - take of validated best practices for cost - effective prevention measure by addressing the key risk factors , namely smoking , abuse of alcohol , unhealthy diet , a sedentary lifestyle and obesity , illegal drugs , improper use of pharmaceuticals , risky sexual behaviour , as well as social and environmental factors , with a focus on the cross border dimension , in order to prevent diseases and promote good physical and mental health


### detailed eligibility criteria for the beneficiaries in compliance with article 8 ; ### detailed eligibility criteria for the beneficiaries in compliance with article 8 , in particular concerning legal independence , financial independence , transparency of the applicants ' activities and funding and effective assessment of independence ;


### no later than mid - 2018 , an evaluation report shall be established by the commission on the achievement of the objectives of all the measures , the efficiency of the use of resources and its european added value , in view of a decision on the renewal , modification or suspension of the measures . the evaluation shall additionally address the scope for simplification , its internal and external coherence , the continued relevance of all objectives , as well as the contribution of the measures to the union priorities of smart , sustainable and inclusive growth . it shall take into account evaluation results on the long - term impact of the predecessor programme . ### no later than mid - 2018 , an evaluation report shall be established by the commission on the achievement of the objectives of all the measures , the efficiency of the use of resources and its european added value , in view of a decision on the renewal , modification or suspension of the measures . the evaluation shall additionally address the scope for simplification , its internal and external coherence , the continued relevance of all objectives , as well as the contribution of the measures to the achievement of the objectives set out in article 168 of the treaty . it shall take into account evaluation results on the long - term impact of the predecessor programme .


### 2 . rare diseases : support member states , patient organisations and stakeholders by coordinated action at union level in order to effectively help patients affected by rare diseases . this includes creation of reference networks , information and registries for rare diseases based on the common criteria of accreditation . ### 2 . rare diseases : support member states , patient organisations and stakeholders by coordinated action at union level in order to effectively help patients affected by rare diseases as well as emerging rare diseases . this includes creation of centres of expertise , reference networks , information and registries for rare diseases based on the common criteria of accreditation .


### 3 . quality and safety : strengthen collaboration on patient safety and quality of healthcare , through , inter alia , implementing the council recommendation on patient safety and the prevention and control of healthcare - associated infections ; exchange best practice on quality assurance systems ; develop guidelines and tools to promote patient safety and quality ; increase the availability of information to patients on safety and quality , improve feedback and interaction between health providers and patients ; support action to exchange knowledge and best practice on chronic diseases care , the response of health systems and research including development of european guidelines . ### 3 . quality and safety : strengthen collaboration on patient safety and quality of healthcare , including complementary and alternative medicine , through , inter alia , implementing the council recommendation on patient safety and the prevention and control of healthcare - associated infections ; exchange best practice on complementary and alternative medicine ; exchange best practice on quality assurance systems ; develop guidelines and tools to promote patient safety and quality ; increase the availability of information to patients on safety and quality , improve feedback and interaction between health providers and patients ; support action to exchange knowledge and best practice on chronic diseases care , the response of health systems and research including development of european guidelines .


### 1 . cost - effective promotion and prevention measures : this will include actions towards the setting up of pan - european networks and partnerships engaging wide range of actors in communication and awareness raising actions on key health issues such as smoking prevention , abuse of alcohol , addressing obesity with a focus on the cross - border dimension and on member states with no or little action on these issues . ### 1 . cost - effective promotion and prevention measures of communicable and non - communicable diseases : this will include actions towards the setting up of pan - european networks and partnerships engaging wide range of actors in communication , education and awareness raising actions on key health issues such as smoking prevention , abuse of alcohol , unhealthy eating and a sedentary lifestyle as part of addressing obesity , illegal drugs , improper use of pharmaceuticals , and risky sexual behaviour , with a focus on the cross - border dimension and on member states with no or little action on these issues .


### 2 . chronic diseases : support european cooperation and networking on preventing and improving the response to chronic diseases including cancer , by sharing knowledge , good practice and developing joint activities on prevention . cancer : follow - up work already undertaken ; set up a european cancer information system with comparable data ; support cancer screening , including voluntary accreditation mechanisms ; support the development of european guidelines for prevention where major inequalities exist . ### 2 . chronic diseases : support european cooperation and networking on preventing and improving the response to chronic diseases including cancer , by sharing knowledge , good practice , promoting education and developing joint activities on prevention , including with regard to environmental risk factors . building on work already undertaken : set up a european chronic disease information system with comparable data ; support chronic disease screening , including voluntary accreditation mechanisms ; support the development of european guidelines for prevention where major inequalities exist ; address the health effects of wider environmental determinants , including indoor air quality , exposure to toxic chemicals where not addressed by other union initiatives , and socio - economic determinants


### prizes shall be part of the work programme referred to in article 118 and adopted by the commission and shall be subject to article 118 . ### for this purpose , prizes shall be subject to a work programme to be published at the start of the year of implementation . the work programme shall be implemented through the publication of contests .


### prizes may not be awarded directly without a contest and shall be subject to publication in the same way as call for proposals . ### prizes may not be awarded directly without a contest and shall be published annually in application of article 31 and .


### the authorisation to amend or conclude agreements provided for by this regulation notably allows member states to address any incompatibilities between their international agreements relating to investment and the law of the union , other than incompatibilities arising from the allocation of competences between the union and its member states , which are addressed in this regulation . ### the authorisation to amend or conclude agreements within a certain timeframe provided for by this regulation notably allows member states to address any incompatibilities between their international agreements relating to investment and the law of the union which are addressed in this regulation .


### subject to the conditions laid down in articles 8 to12 , a member state shall be authorised to enter into negotiations to amend an existing or to conclude a new agreement relating to investment with a third country . ### subject to the conditions laid down in articles 8 to12 , a member state shall be authorised to enter into negotiations to amend an existing or to conclude a new agreement relating to investment with a third country , for an initial period of eight years after the entry into force of this regulation .


### for all agreements falling within the scope of this regulation , the member state concerned shall inform the commission without undue delay of any representations made to it that a particular measure is inconsistent with the agreement . the member state shall also immediately inform the commission of any request for dispute settlement lodged under the auspices of the agreement as soon as the member state becomes aware of the request . the member state and the commission shall fully cooperate and take all necessary measures to ensure an effective defence which may include , where appropriate , that the commission participates in the procedure . ### for all agreements falling within the scope of this regulation , the member state concerned shall inform the commission without undue delay of any representations made to it that a particular measure is inconsistent with the agreement . the member state shall also immediately inform the commission of any request for dispute settlement lodged under the auspices of the agreement as soon as the member state becomes aware of the request . the member state and the commission shall fully cooperate and take all necessary measures to ensure that the commission participates in the procedure to the broadest possible extent .


### proposal for a directive of the european parliament and of the council of [ . . . ] amending directive 2006 / 66 / ec on batteries and accumulators and waste batteries and accumulators as regards the placing on the market of portable batteries and accumulators containing cadmium intended for use in cordless power tools ### proposal for a directive of the european parliament and of the council of [ . . . ] amending directive 2006 / 66 / ec on batteries and accumulators and waste batteries and accumulators as regards the placing on the market of portable batteries and accumulators containing cadmium intended for use in cordless power tools , of button cells with low mercury content , and on ready removability of batteries and accumulators


### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with article 1 of this directive by 18 months after entry into force at the latest . they shall forthwith communicate to the commission the text of those provisions . ### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with article 1 of this directive by 12 months after entry into force at the latest . they shall forthwith communicate to the commission the text of those provisions .


### the european data protection supervisor should monitor and ensure the application of the provisions of this regulation , including the relevant provisions on data security . ### the european data protection supervisor should monitor and ensure the application of the provisions of this regulation , inter alia maintaining contacts with national data protection authorities , including the relevant provisions on data security .


### development of imi ### expansion of imi


### imi actors shall ensure that data subjects are informed about processing of their personal data in imi and that they have access to a privacy notice explaining their rights and how to exercise them , in accordance with articles 10 or 11 of directive 1995 / 46 / ec and national legislation which is in accordance with that directive . ### imi actors shall ensure that data subjects are informed about processing of their personal data in imi and that they have access to a privacy notice explaining their rights and how to exercise them , including information about whom to contact throughout the lifespan of their data in imi and relevant contact details , in accordance with articles 10 or 11 of directive 1995 / 46 / ec and national legislation which is in accordance with that directive .


### the identification , where applicable , of the dismissing enterprises , suppliers or downstream producers , sectors , and the categories of targeted workers ; ### the identification , where applicable , of the dismissing enterprises , suppliers or downstream producers , sectors , and the categories of targeted workers using gender segregated data ;


### before deciding on disembarkation in a third country , the participating units shall take into account the general situation in that third country and intercepted or rescued persons shall not be disembarked in that third country when the host member state or the participating member states are aware or ought to be aware that this third country is engaged in practices as described in paragraph 1 . ### before and during a sea operation , the host member state and the participating member states shall examine the general situation in the third countries where disembarkation could potentially take place . intercepted or rescued persons shall not be conducted towards or otherwise handed over to the authorities of , or forced to enter or be disembarked in a third country when the host member state or the participating member states are aware or ought to be aware that this third country is engaged in practices as described in paragraph 1 . those member states shall provide that information to the participating units . for that purpose , they shall use information based on a range of sources , including in particular information from other member states , easo , unhcr , the council of europe and other relevant international and non - governmental organisations .


### border guards participating in a sea operation shall be trained with regard to relevant provisions of fundamental rights , refugee law and the international legal regime of search and rescue . ### all border guards and other personnel of the member states shall receive , prior to their participation in a sea operation , training in relevant union and international law , including fundamental rights and access to international protection and guidelines for the purpose of identifying persons seeking protection and directing them towards the appropriate facilities , and the international legal regime of search and rescue . each participating unit shall include at least one person with advanced medical training and one person with expertise in refugee and asylum law .


### on the high seas , the participating units shall take one or more of the following measures when there are reasonable grounds to suspect that a ship is engaged in the smuggling of migrants by sea subject to the authorisation of the flag state in accordance with the protocol against the smuggling of migrants : ### on the high seas , the participating units shall take one or more of the following measures in the following order , without prejudice to regulation no 562 / 2006 and in accordance with article 4 of this regulation when there are reasonable grounds to suspect that a ship is engaged in the smuggling of migrants by sea subject to the authorisation of the flag state in accordance with the protocol against the smuggling of migrants :


### seizing the ship and apprehending persons on board ; ### if evidence is found that the vessel is engaged in the smuggling and / or trafficking of migrants , seizing the ship and apprehending persons suspected of smuggling and / or trafficking on board ;


### the modalities for the disembarkation of the persons intercepted or rescued in a sea operation shall be set out in the operational plan . those modalities for disembarkation shall not have the effect of imposing obligations on member states not participating in the sea operation unless they expressly provide authorisation for measures to be taken in their territorial sea or contiguous zone in accordance with article 6 or article 8 . ### the modalities for the disembarkation of the persons intercepted or rescued in a sea operation shall be set out in the operational plan in accordance with article 4 . those modalities for disembarkation shall not have the effect of imposing obligations on member states not participating in the sea operation unless they expressly provide authorisation for measures to be taken in their territorial sea or contiguous zone in accordance with article 6 or article 8 . modalities for disembarkation may specify that disembarkation does not necessarily imply sole responsibility for the state on whose territory persons rescued at sea are disembarked .