### directive 2015 / 849 identifies and describes a number of criminal activities the proceeds of which may be subject to money laundering or used for the financing of terrorism . often , the proceeds of those criminal activities are , for the purpose of their being laundered or used for terrorism financing , transported across the external border of the union . this regulation should take this into account and lay down a system of rules that , apart from contributing to the prevention of money laundering and terrorism financing as such , facilitate the detection and investigation of the criminal activities identified in directive 2015 / 849 . ### directive 2015 / 849 identifies and describes a number of criminal activities the proceeds of which may be subject to money laundering or used for the financing of terrorism . often , the proceeds of those criminal activities are , for the purpose of their being laundered or used for terrorism financing , transported across the external border of the union . this regulation should take this into account and lay down a system of rules that , apart from contributing to the prevention of money laundering including predicate offences such as tax crimes , and terrorism financing as such , facilitate the detection and investigation of the criminal activities identified in directive 2015 / 849 .


### considering their presence at the external borders of the union , their expertise in carrying out controls on passengers and freight crossing the external border and experience gained in the application of regulation no 1889 / 2005 , customs authorities should continue to act as the competent authorities for the purposes of this regulation . at the same time , the member states should continue to be able also to designate other national authorities present at the external border to act as competent authorities . ### considering their presence at the external borders of the union , their expertise in carrying out controls on passengers and freight crossing the external border and experience gained in the application of regulation no 1889 / 2005 , customs authorities should continue to act as the competent authorities for the purposes of this regulation . at the same time , the member states should continue to be able also to designate other national authorities present at the external border to act as competent authorities . resources from custom authorities and other national authorities should receive specific training on how to identify cash - based money laundering and member states should allocate resources according to a risk analysis , and not disregard necessary controls of private aircrafts and yachts entering and leaving their territories .


### considering that the movements of cash that are subject to controls under this regulation take place across the external border , and given the difficulty of acting once the cash has left the point of entry or exit and the associated risk if even small amounts are used illicitly , the competent authorities should be able to seize and retain cash temporarily in certain circumstances , subject to checks and balances : first , where the obligation to declare or to disclose has not been met and , secondly , where there are indications of criminal activity , irrespective of the amount or whether the cash is carried by a natural person or is unaccompanied . in view of the nature of such temporary seizure and retention and the impact that it may have on the freedom of movement and the right to property , the period of retention should be limited to the absolute minimum time that other competent authorities require to determine whether there are grounds for further intervention , such as investigations or seizure of the cash based on other legal instruments . a decision to retain cash temporarily under this regulation should be accompanied by a statement of reasons and adequately describe the specific factors that have given rise to the action . if at the end of the time limit no decision concerning the further intervention is taken or if the competent authority decides that there are no grounds to further retain the cash , it should immediately be made available to the declarant . ### considering that the movements of cash that are subject to controls under this regulation take place across the external border , and given the difficulty of acting once the cash has left the point of entry or exit and the associated risk if even small amounts are used illicitly , the competent authorities should be able to seize and retain cash temporarily in certain circumstances , subject to checks and balances : first , where the obligation to declare or to disclose has not been met and , secondly , where there are indications of criminal activity , irrespective of the amount or whether the cash is carried by a natural person or is unaccompanied . in view of the nature of such temporary seizure and retention and the impact that it may have on the freedom of movement and the right to property , the period of retention should be limited to the absolute minimum time that other competent authorities require to determine whether there are grounds for further intervention , such as investigations or seizure of the cash based on other legal instruments . also , natural persons impacted by the temporary seizure and retention of their cash should be offered the possibility to keep a minimum amount of cash , where possible given the type of cash seized and retained , in order to be able to afford food , water and shelter . a decision to retain cash temporarily under this regulation should be accompanied by a statement of reasons and adequately describe the specific factors that have given rise to the action . if at the end of the time limit no decision concerning the further intervention is taken or if the competent authority decides that there are no grounds to further retain the cash , it should immediately be made available to the declarant .


### for the purposes of the analysis carried out by the financial intelligence units and in order to enable authorities in other member states to control and enforce the obligation to declare , particularly with respect to declarants who have previously committed infractions against that obligation it is necessary that the declaration data is stored for a sufficiently long period so as to enable the competent authorities to effectively conduct investigations . processing of personal data under this regulation serves the same purposes as that under directive 2015 / 849 . under this directive , the financial intelligence units retain data provided to them by ' obliged entities ' for five years . in order to control and enforce the obligation to declare effectively , the period of retention of declaration data should be aligned with that provided for under directive 2015 / 849 . ### for the purposes of the analysis carried out by the financial intelligence units and in order to enable authorities in other member states to control and enforce the obligation to declare , particularly with respect to declarants who have previously committed infractions against that obligation it is necessary that the declaration data is stored for a sufficiently long period so as to enable the competent authorities to effectively conduct investigations . in line with the case - law of the court of justice of the european union , such as opinion 1 / 15 of 26 july 2017 on the eu - canada pnr , a distinction should be made between personal data of suspicious persons and personal data of non - suspicious persons . when there is no suspicion that the cash may be linked to criminal activity after a risk analysis , personal data should not be kept for more than one year . when there is such a suspicion , personal data should be retained for up to three years to allow proper criminal investigations .


### the information shall be provided in writing or electronically using the form laid down pursuant to article 15 . an endorsed copy shall be delivered to the declarant upon request . ### the information shall be provided in writing or electronically using the form laid down pursuant to article 15 . an endorsed copy shall be delivered to the declarant .


### the period of temporary retention shall be strictly limited to the time required for competent authorities to determine whether the circumstances of the case warrant further retention . the maximum period of temporary retention shall be laid down by national law ; it may not be longer than 30 days . if no determination is made regarding further retention of the cash within that period or if a determination is made that the circumstances of the case do not warrant further retention , the cash shall immediately be made available to the declarant . ### the period of temporary retention shall be strictly limited to the time required for competent authorities to determine whether the circumstances of the case warrant further retention . the maximum period of temporary retention shall be laid down by national law ; it shall not be longer than 30 days . if no determination is made regarding further retention of the cash within that period or if a determination is made that the circumstances of the case do not warrant further retention , the cash shall immediately be made available to the declarant or the person affected .


### the information referred to in paragraph 1 shall be communicated as soon as possible , and no later than one month after the date on which it was collected . ### the information referred to in paragraph 1 shall be communicated as soon as possible , by electronic means and no later than three working days after the date on which it was collected .


### the processing of personal data on the basis of this regulation shall take place only for the purposes of the prevention and fight against criminal activities . . ### the processing of personal data on the basis of this regulation shall take place only for the purposes of the prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties . this processing falls under the scope of directive 2016 / 680 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties , and on the free movement of such data , and repealing council framework decision 2008 / 977 / jha .


### the information referred to in point of paragraph 1 shall be provided to the commission at least every six months . ### the information referred to in point of paragraph 1 shall be provided to the commission at least every six months . the commission shall publish an annual report on the statistical information to estimate the scale and sums of smuggled cash .


### to facilitate mobility , to ensure the safety of navigation and the protection of human life , it is essential for deck crew members , persons in charge of emergency situations on board passenger vessels and persons involved in the bunkering of liquefied natural gas - fuelled vessels to hold certificates of qualification proving their qualifications . for efficient enforcement , they should carry such certificates while exercising their occupation . ### to facilitate mobility and to ensure the safety of navigation and the protection of human life and the environment , it is essential for deck crew members , regardless of whether they are on passenger or bunkering vessels , especially persons in charge of emergency situations on board passenger vessels and persons involved in the bunkering of vessels , to hold certificates of qualification proving their qualifications . additionally , certified qualifications will improve labour market opportunities and the recognition of qualifications . for efficient enforcement , they should carry such certificates while exercising their occupation .


### ‘ deck crew members’ means persons involved in the operation of a vessel navigating on union inland waterways carrying out tasks related to navigation , cargo handling , stowage , maintenance or repair , with the exception of persons solely assigned to the operation of the engines , electrical and electronic equipment ; ### ‘ deck crew members’ means persons involved in the operation of a vessel navigating on union inland waterways carrying out tasks related to navigation , cargo and passenger handling , stowage , maintenance or repair , with the exception of persons solely assigned to the operation of the engines , electrical and electronic equipment ;


### - assist the vessel’s management in providing services to passengers . ### - assist the vessel’s management in providing services to passengers , including special measures for persons with reduced mobility .


### - plan and ensure the safe transport of passengers and their care during the voyage . ### - plan and ensure the safe transport of passengers and their care during the voyage , including persons with reduced mobility .


### health and safety and environmental protection ### health and safety , passenger rights and environmental protection


### - maintain safety and security for persons on board ; ### - maintain safety and security for persons on board and in the case of the presence of passengers , know and initiate the application of relevant passenger rights , including for persons with reduced mobility ;


### - apply safety instructions and take the necessary measures to protect passengers in general , especially in the event of emergencies . ### - apply safety instructions and take the necessary measures to protect passengers in general , especially in the event of emergencies and take the necessary measures for passengers with specific needs , such as persons with reduced mobility ;


### border authorities shall verify , in accordance with article 21 , whether a previous individual file has been created in the ees for the third country national as well as their identity . where a third country national uses a self - service system for pre - enrolment of data or for the performance of border checks [ should this self - service system not be defined or explained ? ] , a verification may be carried out through the self service system . ### border authorities shall verify , in accordance with article 21 , whether a previous individual file has been created in the ees for the third country national as well as their identity . where a third country national uses a self - service system for the performance of border checks , a verification may be carried out through the self service system .


### where a previous individual file has been created , the border authority shall , if necessary , update the individual file data , enter an entry / exit record for each entry and exit in accordance with articles 14 and 15 or , where applicable , a refusal of entry record in accordance with article 16 . that record shall be linked to the individual file of the third country national concerned . where applicable , the data referred to in article 17 shall be added to the individual file and the data referred to in article 17 and shall be added to the entry / exit record of the third country national concerned . the different travel documents and identities used legitimately by a third country national shall be added to the third country national ' s individual file . where a previous file has been registered and the third country national presents a travel document which differs from the one which was previously registered , the data referred under article 14 shall also be updated if the facial image recorded in the chip of the new travel document can be extracted electronically . ### where a previous individual file has been created , the border authority shall , if necessary , update the individual file data and enter an entry / exit record for each entry and exit in accordance with articles 14 and 15 . that record shall be linked to the individual file of the third country national concerned . where applicable , the data referred to in article 17 shall be added to the individual file and the data referred to in article 17 and shall be added to the entry / exit record of the third country national concerned . the different travel documents and identities used legitimately by a third country national shall be added to the third country national ' s individual file . where a previous file has been registered and the third country national presents a travel document which differs from the one which was previously registered , the data referred under article 14 shall also be updated if the facial image recorded in the chip of the new travel document can be extracted electronically .


### for third country nationals exempt from the visa obligation , the border authority shall enter into their individual file the data provided for in article 14 , , and . in addition it shall enter into that individual file the four fingerprint of the index , middle - finger , ring - finger and little finger from the right hand , and where this is not possible the same fingers from the left hand , in accordance with the specifications for the resolution and use of fingerprints adopted by the commission in accordance with article 61 . for third country nationals exempt from the visa obligation , articles 14 to 14 shall apply . ### for third country nationals exempt from the visa obligation , the border authority shall enter into their individual file the data provided for in article 14 , , and . for third country nationals exempt from the visa obligation , articles 14 to 14 shall apply .


### in that case article 12 of regulation 2016 / 399 shall apply and if that presumption is rebutted by proof that the third country national concerned has respected the conditions relating to the condition of short stay , the competent authorities shall create an individual file for that third country national in the ees if necessary , or update the latest entry / exit record by entering the missing data in accordance with articles 14 and 15 or delete an existing file where article 32 applies . ### in that case article 12 of regulation 2016 / 399 shall apply and if that presumption is rebutted by an explanation that the third country national concerned has respected the conditions relating to the condition of short stay , the competent authorities shall create an individual file for that third country national in the ees if necessary , or update the latest entry / exit record by entering the missing data in accordance with articles 14 or delete an existing file where article 32 applies .


### where the fingerprints of that third country national cannot be used or the search with the fingerprints and the facial image has failed , the search shall be carried out with the data referred to in article 14 or or in both . ### where the search with the facial image has failed , the search shall be carried out with the data referred to in article 14 or or in both .


### each entry / exit record or refusal of entry record linked to an individual file shall be stored for five years following the date of the exit record or of the refusal of entry record , as applicable . ### each entry / exit record linked to an individual file shall be stored for : 181 days following the date of the entry record for holders of multiple - entry visas , or for third - country nationals who do not require a visa , or for third - country nationals&#160 ; who are&#160 ; family members of a union citizen to whom directive 2004 / 38 / ec applies , or for third - country nationals enjoying the right of free movement under union law who do not hold a residence card referred to under directive 2004 / 38 / ec ; 72 hours following the date of the exit record for holders of single - entry visas .


### by way of derogation from paragraphs 1 and 2 , if a member state other than the member state responsible has evidence to suggest that data recorded in the ees are factually inaccurate or that data were processed in the ees in contravention of this regulation , it shall check the data concerned if it is possible to do this without consulting the member state responsible and , if necessary , amend or erase them from the ees without delay and , where applicable , from the list of identified persons referred to in article 11 . otherwise the member state shall contact the authorities of the member state responsible within a time limit of 14 days and the member state responsible shall check the accuracy of the data and the lawfulness of its processing within a time limit of one month . this may also be done at the request of the person concerned in accordance with article 46 . ### by way of derogation from paragraphs 1 and 2 , if a member state other than the member state responsible has evidence to suggest that data recorded in the ees are factually inaccurate or that data were processed in the ees in contravention of this regulation , it shall check the data concerned if it is possible to do this without consulting the member state responsible and , if necessary , amend or erase them from the ees without delay and , where applicable , from the list of identified persons referred to in article 11 . otherwise the member state shall contact the authorities of the member state responsible within a time limit of seven days and the member state responsible shall check the accuracy of the data and the lawfulness of its processing within a time limit of 14 days . this may also be done at the request of the person concerned in accordance with article 46 .


### the data of identified persons referred to in article 11 shall be deleted without delay from the list referred to in that article and shall be corrected in the ees where the third country national provides evidence , in accordance with the national law of the member state responsible or of the member state to which the request has been made , that he or she was forced to exceed the authorised duration of stay due to unforeseeable and serious events , that he or she has acquired a legal right to stay or in case of errors . the third country national shall have access to an effective judicial remedy to ensure the data is amended . ### the data of identified persons referred to in article 11 shall be deleted without delay from the list referred to in that article and shall be corrected in the ees where the third country national explains , in accordance with the national law of the member state responsible or of the member state to which the request has been made , the reasons for which he or she was forced to exceed the authorised duration of stay due to unforeseeable and serious events , that he or she has acquired a legal right to stay , or that he or she left the union in time but at a location where there was no border - crossing point for recording the exit . in case of errors the data shall be corrected in the ees without requiring an explanation from the third country national . the third country national shall have access to an effective judicial remedy to ensure the data is amended .


### the organisation , management , operation and maintenance of its existing national border infrastructure and of its connection to the ees for the purpose of article 5 excepted points , and ; ### the organisation , management , operation and maintenance of its existing national border infrastructure and of its connection to the ees for the purpose of article 5 with the exception of point ;


### without prejudice to article 12 of directive 95 / 46 / ec any third country national shall have the right to obtain the data relating to him or her recorded in the ees and of the member state which transmitted it to the ees . ### without prejudice to article 12 of directive 95 / 46 / ec any third country national shall have the right to obtain the data relating to him or her recorded in the ees and of the member state which transmitted it to the ees and may request that data relating to him or her which are inaccurate be corrected and that data recorded unlawfully be erased . the member state responsible shall reply to such requests within 14 days of receipt of the request .


### each member state and europol shall ensure that all data processing operations resulting from requests to access to ees data for the purposes laid down in article 1 are logged or documented for the purposes of checking the admissibility of the request , monitoring the lawfulness of the data processing and data integrity and security , and self - monitoring . ### each member state shall ensure that all data processing operations resulting from requests to access to ees data for the purposes laid down in article 1 are logged or documented for the purposes of checking the admissibility of the request , monitoring the lawfulness of the data processing and data integrity and security , and self - monitoring .


### the inherent high mobility of road transport services requires particular attention in assuring that drivers benefit from the rights to which they are entitled and that operators are not faced with disproportionate administrative barriers unduly restricting their freedom to provide cross - border services . ### the inherent high mobility of road transport services requires particular attention in assuring that drivers benefit from the rights to which they are entitled , a fair level playing field is kept while respecting the freedom to provide services .


### the balance between enhancing social and working conditions for drivers and facilitating the exercise of the freedom to provide road transport services based on fair competition between national and foreign operators is crucial for the smooth functioning of the internal market . ### enhancing social and working conditions for drivers and facilitating the exercise of the freedom to provide road transport services based on fair competition between national and foreign operators should go hand in hand in order to ensure the smooth functioning of the internal market and improve the working and living conditions for drivers in the road transport sector in the union .


### the administrative cooperation between member states with regard to the implementation of the social rules in road transport has proven insufficient , making cross - border enforcement more difficult , inefficient and inconsistent . it is therefore necessary to establish a framework for effective communication and mutual assistance , including exchange of data on infringements and information on good practices in enforcement . ### the administrative cooperation between member states and union support with regard to the implementation of the social rules in road transport has proven insufficient , making cross - border enforcement more difficult , inefficient and inconsistent . it is therefore necessary to establish a framework for effective communication and mutual assistance , including exchange of data on infringements and information on good practices in enforcement .


### difficulties have also been experienced in applying the rules on posting of workers specified in directive 96 / 71 / ec of the european parliament and of the council15 and the rules on the administrative requirements laid down in directive 2014 / 67 / eu of the european parliament and of the council16 to the highly mobile road transport sector . the uncoordinated national measures on the application and enforcement of the provisions on posting of workers in the road transport sector have generated high administrative burdens for non - resident union operators . this created undue restrictions to the freedom to provide cross - border road transport services having negative side - effects on jobs . __________________ 15 directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services 16 directive 2014 / 67 / eu of the european parliament and of the council of 15 may 2014 on the enforcement of directive 96 / 71 / ec concerning the posting of workers in the framework of the provision of services and amending regulation no 1024 / 2012 on administrative cooperation through the internal market information system . ### difficulties have also been experienced in enforcing the rules on posting of workers specified in directive 96 / 71 / ec of the european parliament and of the council15 and the rules on the administrative requirements laid down in directive 2014 / 67 / eu of the european parliament and of the council16 for workers in the highly mobile road transport sector . those difficulties need to be remedied urgently by ensuring that every worker enjoys the rights related to minimum protection at the workplace regardless of the duration of his / her work . __________________ 15 directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services 16 directive 2014 / 67 / eu of the european parliament and of the council of 15 may 2014 on the enforcement of directive 96 / 71 / ec concerning the posting of workers in the framework of the provision of services and amending regulation no 1024 / 2012 on administrative cooperation through the internal market information system .


### the commission , in its proposal of 8 march 201617 for the revision of directive 96 / 71 / ec , recognized that the implementation of that directive raises particular legal questions and difficulties in the highly mobile road transport sector and indicated that those issues should be best addressed through sector - specific road transport legislation . __________________ 17 com128 ### during the ongoing revision of directive 96 / 71 / ec , the best way to address the particular legal questions and difficulties in the highly mobile road transport sector remains to be answered by the co - legislators . the aim of sector - specific road transport legislation should therefore be to ensure the protection of the workers concerned while safeguarding implementation feasibility .


### in order to ensure effective and efficient enforcement of the sector - specific rules on posting of workers and to avoid disproportionate administrative burdens for non - resident operators sector , specific administrative and control requirements should be established in the road transport sector , taking full advantage of control tools such as the digital tachograph . ### in order to ensure effective and efficient enforcement of the sector - specific rules on posting of workers strong and clear administrative and control requirements in line with directive 2014 / 67 / ec should be established in the road transport sector , taking full advantage of control tools such as the digital tachograph .


### member states may only impose the following administrative requirements and control measures : ### member states shall take appropriate measures in the event of an infringement of this directive . they shall , in particular , ensure that adequate procedures are available to workers and their representatives for the enforcement of obligations under this directive . for those purposes member states may in particular impose the following measures :


### proposal for a regulation of the european parliament and of the council establishing the rights and values programme ### proposal for a regulation of the european parliament and of the council establishing the citizens , rights and values programme


### those rights and values must continue to be promoted and enforced and shared among the citizens and peoples and be at the heart of the eu project . therefore , a new justice , rights and values fund , comprising the rights and values and the justice programmes shall be created in the eu budget . at a time where european societies are confronted with extremism , radicalism and divisions , it is more important than ever to promote , strengthen and defend justice , rights and eu values : human rights , respect for human dignity , freedom , democracy , equality , the rule of law . this will have profound and direct implications for political , social , cultural and economic life in the eu . as part of the new fund , the justice programme will continue to support the further development of union area of justice and cross - border cooperation . the rights and values programme will bring together the 2014 - 2020 programme rights , equality and citizenship established by regulation no 1381 / 2013 of the european parliament and of the council8 and the europe for citizens programme established by council regulation no 390 / 20149 , . _________________ 8 regulation no 1381 / 2013 of the european parliament and of the council of 17 december 2013 establishing a rights , equality and citizenship programme for the period 2014 to 2020 9 council regulation no 390 / 2014 of 14 april 2014 establishing the ‘ europe for citizens’ programme for the period 2014 - 2020 ### those rights and values must continue to be promoted and enforced and shared among the citizens and peoples and be at the heart of the eu project . therefore , a new justice , rights and values fund , comprising the rights and values and the justice programmes shall be created in the eu budget . at a time where european societies are confronted with extremism , radicalism and divisions , it is more important than ever to promote , strengthen and defend justice , rights and eu values : human rights , respect for human dignity , freedom , democracy , equality , the rule of law . this will have profound and direct implications for political , social , cultural and economic life in the eu . as part of the new fund , the justice programme will continue to support the further development of union area of justice and cross - border cooperation . the citizens , rights and values programme will bring together the 2014 - 2020 programme rights , equality and citizenship established by regulation no 1381 / 2013 of the european parliament and of the council8 and the europe for citizens programme established by council regulation no 390 / 20149 , . _________________ 8 regulation no 1381 / 2013 of the european parliament and of the council of 17 december 2013 establishing a rights , equality and citizenship programme for the period 2014 to 2020 9 council regulation no 390 / 2014 of 14 april 2014 establishing the ‘ europe for citizens’ programme for the period 2014 - 2020


### the justice , rights and values fund and its two underlying funding programmes will focus primarily on people and entities , which contribute to make our common values , rights and rich diversity alive and vibrant . the ultimate objective is to nurture and sustain rights - based , equal , inclusive and democratic society . that includes a vibrant civil society , encouraging people ' s democratic , civic and social participation and fostering the rich diversity of european society , based on our common history and memory . article 11 of the treaty of the european union further specifies that the institutions shall , by appropriate means , give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of union action . ### the justice , rights and values fund and its two underlying funding programmes will focus on people and entities , which contribute to make our common values , rights and rich diversity alive and vibrant . the ultimate objective is to nurture and sustain rights - based , equal , inclusive and democratic society , including a vibrant civil society . the activities financed should aim at encouraging people ' s democratic , civic and social participation and fostering the rich diversity of european society , based on our common values and history . article 11 of the treaty of the european union further specifies that the institutions shall maintain an open , transparent and regular dialogue with civil society and shall , by appropriate means , give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of union action .


### citizens should also be more aware of their rights deriving from citizenship of the union , and should feel at ease about living , travelling , studying , working and volunteering in another member state , and should feel able to enjoy and exercise all their citizenship rights , place their trust in equal access , full enforceability and protection of their rights without any discrimination , no matter where in the union they happen to be . civil society needs to be supported for the promotion , safeguarding and raising awareness of eu common values under article 2 teu and in contributing to the effective enjoyment of rights under union law . ### citizens should also be more aware of their rights deriving from citizenship of the union , and should feel at ease about living , travelling , studying , working and volunteering in another member state , and should feel able to enjoy and exercise all their citizenship rights , place their trust in equal access , full enforceability and protection of their rights without any discrimination , no matter where in the union they happen to be . civil society needs to be supported at all levels for the promotion , safeguarding and raising awareness of eu common values under article 2 teu and in contributing to the effective enjoyment of rights under union law .


### in accordance with union acts on equal treatment , member states set up independent bodies for the promotion of equal treatment , commonly known as ' equality bodies ' , in order to combat discrimination based on race and ethnic origin as well as gender . however , many member states have gone beyond these requirements and ensured that equality bodies can also deal with discrimination based on the other grounds such as age , sexual orientation , religion and belief , disability or other grounds . equality bodies play a key role in promoting equality and ensuring effective application of equal treatment legislation by providing in particular an independent assistance to victims of discrimination , conducting independent surveys concerning discrimination , publishing independent reports and making recommendations on any issue relating to discrimination in their country . it is essential that the work of equality bodies is coordinated at union level in this respect . equinet was created in 2007 . its members are the national bodies for the promotion of equal treatment as established by council directives 2000 / 43 / ec15 and 2004 / 113 / ec16 , and by directives 2006 / 54 / ec17 and 2010 / 41 / eu18 of the european parliament and of the council . equinet is in an exceptional situation , being the only entity which ensures coordination of activities between equality bodies . this coordination activity by equinet is key for the good implementation of union anti - discrimination law in member states and should be supported by the programme . _________________ 15 council directive 2000 / 43 / ec of 29 june 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin . 16 council directive 2004 / 113 / ec of 13 december 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services . 17 directive 2006 / 54 / ec of the european parliament and of the council of 5 july 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation . 18 directive 2010 / 41 / eu of the european parliament and of the council of 7 july 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self - employed capacity and repealing council directive 86 / 613 / eec . ### in accordance with union acts on equal treatment , member states set up independent bodies for the promotion of equal treatment , commonly known as ' equality bodies ' , in order to combat discrimination based on race and ethnic origin as well as gender . however , many member states have gone beyond these requirements and ensured that equality bodies can also deal with discrimination based on the other grounds such as language , age , sexual orientation , religion and belief , disability or other grounds . equality bodies play a key role in promoting equality and ensuring effective application of equal treatment legislation by providing in particular an independent assistance to victims of discrimination , conducting independent surveys concerning discrimination , publishing independent reports and making recommendations on any issue relating to discrimination in their country . it is essential that the work of equality bodies is coordinated at union level in this respect . equinet was created in 2007 . its members are the national bodies for the promotion of equal treatment as established by council directives 2000 / 43 / ec15 and 2004 / 113 / ec16 , and by directives 2006 / 54 / ec17 and 2010 / 41 / eu18 of the european parliament and of the council . equinet is in an exceptional situation , being the only entity which ensures coordination of activities between equality bodies . this coordination activity by equinet is key for the good implementation of union anti - discrimination law in member states and should be supported by the programme . _________________ 15 council directive 2000 / 43 / ec of 29 june 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin . 16 council directive 2004 / 113 / ec of 13 december 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services . 17 directive 2006 / 54 / ec of the european parliament and of the council of 5 july 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation . 18 directive 2010 / 41 / eu of the european parliament and of the council of 7 july 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self - employed capacity and repealing council directive 86 / 613 / eec .


### independent human rights bodies and civil society organisations play an essential role in promoting , safeguarding and raising awareness of the union’s common values under article 2 teu , and in contributing to the effective enjoyment of rights under union law , including the charter of fundamental rights of the eu . as reflected in the european parliament resolution of 18 april 2018 , adequate financial support is key to the development of a conducive and sustainable environment for civil society organisations to strengthen their role and perform their functions independently and effectively . complementing efforts at national level , eu funding should therefore contribute to support , empower and build the capacity of independent civil society organisations active in the promotion of human rights whose activities help the strategic enforcement of rights under eu law and the charter of fundamental rights of the eu , including through advocacy and watchdog activities , as well as to promote , safeguard and raise awareness of the union’s common values at national level . ### independent human rights bodies and civil society organisations play an essential role in promoting , safeguarding and raising awareness of the union’s common values under article 2 teu , and in contributing to the effective enjoyment of rights under union law , including the charter of fundamental rights of the eu . as reflected in the european parliament resolution of 19 april 2018 , an increase in funding and adequate financial support is key to the development of a conducive and sustainable environment for civil society organisations to strengthen their role and perform their functions independently and effectively . complementing efforts at national level , eu funding should therefore contribute to support , empower and build , including through adequate core funding and simplified cost options , financial rules and procedures , the capacity of independent civil society organisations active in the promotion of human rights whose activities help the strategic enforcement of rights under eu law and the charter of fundamental rights of the eu , including through advocacy and watchdog activities , as well as to promote , safeguard and raise awareness of the union’s common values at national level .


### regulation no [ the new fr ] applies to this programme . it lays down rules on the implementation of the union budget , including the rules on grants , prizes , procurement , indirect implementation , financial assistance , financial instruments and budgetary guarantees . ### regulation no [ the new fr ] applies to this programme . it lays down rules on the implementation of the union budget , including the rules on grants , prizes , procurement , indirect implementation , financial assistance , financial instruments and budgetary guarantees , and demand full transparency in the use of resources , sound financial management and prudent use of resources . in particular , rules concerning the possibility for local , regional , national or transnational civil society organisations to be funded through multiannual operating grants , cascading grants and flexible grant - making procedures .


### the types of financing and the methods of implementation under this regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to deliver results , taking into account , in particular , the costs of controls , the administrative burden , and the expected risk of non - compliance . this should include consideration of the use of lump sums , flat rates and unit costs , as well as financing not linked to costs as referred to in article 125 of the financial regulation . in accordance with the financial regulation , regulation no 883 / 2013 of the european parliament and of the council20 council regulation no 2988 / 9521 council regulation no 2185 / 9622 and council regulation 2017 / 193923 the financial interests of the union are to be protected through proportionate measures , including the prevention , detection , correction and investigation of irregularities and fraud , the recovery of funds lost , wrongly paid or incorrectly used and , where appropriate , the imposition of administrative sanctions . in particular , in accordance with regulation no 883 / 2013 and regulation no 2185 / 96 the european anti - fraud office may carry out administrative investigations , including on - the - spot checks and inspections , with a view to establishing whether there has been fraud , corruption or any other illegal activity affecting the financial interests of the union . in accordance with regulation 2017 / 1939 , the european public prosecutor’s office may investigate and prosecute fraud and other criminal offences affecting the financial interests of the union as provided for in directive 2017 / 1371 of the european parliament and of the council24 . in accordance with the financial regulation , any person or entity receiving union funds is to fully cooperate in the protection of the union’s financial interests , to grant the necessary rights and access to the commission , olaf , the eppo and the european court of auditors and to ensure that any third parties involved in the implementation of union funds grant equivalent rights . _________________ 20 regulation no 883 / 2013 of the european parliament and of the council of 11 september 2013 concerning investigations conducted by the european anti - fraud office and repealing regulation no 1073 / 1999 of the european parliament and of the council and council regulation no 1074 / 1999 , no 2988 / 95 of 18 december 1995 on the protection of the european communities financial interests . 22 council regulation no 2185 / 96 of 11 november 1996 concerning on - the - spot checks and inspections carried out by the commission in order to protect the european communities’ financial interests against fraud and other irregularities . 23 council regulation 2017 / 1939 of 12 october 2017 implementing enhanced cooperation on the establishment of the european public prosecutor’s office . 24 directive 2017 / 1371 of the european parliament and of the council of 5 july 2017 on the fight against fraud to the union’s financial interests by means of criminal law . ### the types of financing and the methods of implementation under this regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to deliver results , taking into account , in particular , the costs of controls , the administrative burden , and the expected risk of non - compliance , with a view to achieve a positive success target rate , especially for action grants and projects . this should include consideration of the use of lump sums , flat rates and unit costs - by considering also further parameters to be incorporated into them , so that persons with special needs can be accommodated more effectively - as well as financing not linked to costs as referred to in article 125 of the financial regulation . in accordance with the financial regulation , regulation no 883 / 2013 of the european parliament and of the council20 council regulation no 2988 / 9521 council regulation no 2185 / 9622 and council regulation 2017 / 193923 the financial interests of the union are to be protected through proportionate measures , including the prevention , detection , correction and investigation of irregularities and fraud , the recovery of funds lost , wrongly paid or incorrectly used and , where appropriate , the imposition of administrative sanctions . in particular , in accordance with regulation no 883 / 2013 and regulation no 2185 / 96 the european anti - fraud office may carry out administrative investigations , including on - the - spot checks and inspections , with a view to establishing whether there has been fraud , corruption or any other illegal activity affecting the financial interests of the union . in accordance with regulation 2017 / 1939 , the european public prosecutor’s office may investigate and prosecute fraud and other criminal offences affecting the financial interests of the union as provided for in directive 2017 / 1371 of the european parliament and of the council24 . in accordance with the financial regulation , any person or entity receiving union funds is to fully cooperate in the protection of the union’s financial interests , to grant the necessary rights and access to the commission , olaf , the eppo and the european court of auditors and to ensure that any third parties involved in the implementation of union funds grant equivalent rights . _________________ 20 regulation no 883 / 2013 of the european parliament and of the council of 11 september 2013 concerning investigations conducted by the european anti - fraud office and repealing regulation no 1073 / 1999 of the european parliament and of the council and council regulation no 1074 / 1999 , no 2988 / 95 of 18 december 1995 on the protection of the european communities financial interests . 22 council regulation no 2185 / 96 of 11 november 1996 concerning on - the - spot checks and inspections carried out by the commission in order to protect the european communities’ financial interests against fraud and other irregularities . 23 council regulation 2017 / 1939 of 12 october 2017 implementing enhanced cooperation on the establishment of the european public prosecutor’s office . 24 directive 2017 / 1371 of the european parliament and of the council of 5 july 2017 on the fight against fraud to the union’s financial interests by means of criminal law .


### the types of financing and the methods of implementation under this regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to deliver results , taking into account , in particular , the costs of controls , the administrative burden , and the expected risk of non - compliance . this should include consideration of the use of lump sums , flat rates and unit costs , as well as financing not linked to costs as referred to in article 125 of the financial regulation . in accordance with the financial regulation , regulation no 883 / 2013 of the european parliament and of the council20 council regulation no 2988 / 9521 council regulation no 2185 / 9622 and council regulation 2017 / 193923 the financial interests of the union are to be protected through proportionate measures , including the prevention , detection , correction and investigation of irregularities and fraud , the recovery of funds lost , wrongly paid or incorrectly used and , where appropriate , the imposition of administrative sanctions . in particular , in accordance with regulation no 883 / 2013 and regulation no 2185 / 96 the european anti - fraud office may carry out administrative investigations , including on - the - spot checks and inspections , with a view to establishing whether there has been fraud , corruption or any other illegal activity affecting the financial interests of the union . in accordance with regulation 2017 / 1939 , the european public prosecutor’s office may investigate and prosecute fraud and other criminal offences affecting the financial interests of the union as provided for in directive 2017 / 1371 of the european parliament and of the council24 . in accordance with the financial regulation , any person or entity receiving union funds is to fully cooperate in the protection of the union’s financial interests , to grant the necessary rights and access to the commission , olaf , the eppo and the european court of auditors and to ensure that any third parties involved in the implementation of union funds grant equivalent rights . _________________ 20 regulation no 883 / 2013 of the european parliament and of the council of 11 september 2013 concerning investigations conducted by the european anti - fraud office and repealing regulation no 1073 / 1999 of the european parliament and of the council and council regulation no 1074 / 1999 , no 2988 / 95 of 18 december 1995 on the protection of the european communities financial interests . 22 council regulation no 2185 / 96 of 11 november 1996 concerning on - the - spot checks and inspections carried out by the commission in order to protect the european communities’ financial interests against fraud and other irregularities . 23 council regulation 2017 / 1939 of 12 october 2017 implementing enhanced cooperation on the establishment of the european public prosecutor’s office . 24 directive 2017 / 1371 of the european parliament and of the council of 5 july 2017 on the fight against fraud to the union’s financial interests by means of criminal law . ### the types of financing and the methods of implementation under this regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to deliver results , taking into account , in particular , the costs of controls , the administrative burden , the size and capacity of relevant stakeholders and targeted beneficiaries , and the expected risk of non - compliance . this should include consideration of the use of lump sums , flat rates and unit costs , as well as financing not linked to costs as referred to in article 125 of the financial regulation . co - funding requirements should be accepted in kind and may be waived in cases of limited complementary funding . in accordance with the financial regulation , regulation no 883 / 2013 of the european parliament and of the council20 council regulation no 2988 / 9521 council regulation no 2185 / 9622 and council regulation 2017 / 193923 the financial interests of the union are to be protected through proportionate measures , including the prevention , detection , correction and investigation of irregularities and fraud , the recovery of funds lost , wrongly paid or incorrectly used and , where appropriate , the imposition of administrative sanctions . in particular , in accordance with regulation no 883 / 2013 and regulation no 2185 / 96 the european anti - fraud office may carry out administrative investigations , including on - the - spot checks and inspections , with a view to establishing whether there has been fraud , corruption or any other illegal activity affecting the financial interests of the union . in accordance with regulation 2017 / 1939 , the european public prosecutor’s office may investigate and prosecute fraud and other criminal offences affecting the financial interests of the union as provided for in directive 2017 / 1371 of the european parliament and of the council24 . in accordance with the financial regulation , any person or entity receiving union funds is to fully cooperate in the protection of the union’s financial interests , to grant the necessary rights and access to the commission , olaf , the eppo and the european court of auditors and to ensure that any third parties involved in the implementation of union funds grant equivalent rights . _________________ 20 regulation no 883 / 2013 of the european parliament and of the council of 11 september 2013 concerning investigations conducted by the european anti - fraud office and repealing regulation no 1073 / 1999 of the european parliament and of the council and council regulation no 1074 / 1999 , no 2988 / 95 of 18 december 1995 on the protection of the european communities financial interests . 22 council regulation no 2185 / 96 of 11 november 1996 concerning on - the - spot checks and inspections carried out by the commission in order to protect the european communities’ financial interests against fraud and other irregularities . 23 council regulation 2017 / 1939 of 12 october 2017 implementing enhanced cooperation on the establishment of the european public prosecutor’s office . 24 directive 2017 / 1371 of the european parliament and of the council of 5 july 2017 on the fight against fraud to the union’s financial interests by means of criminal law .


### in order to ensure uniform conditions for the implementation of this regulation , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of indicators as indicated in article 14 and 16 and annex ii . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states’ experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . ### in order to ensure the implementation of this regulation , with a view to ensuring effective assessment of the programme ' s progress towards the achievement of its objectives , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of work programmes pursuant to article 13 and indicators as indicated in article 14 and 16 and annex ii . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states’ experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts .


### protecting and promoting the rights of the child , the rights of people with disabilities , union citizenship rights and the right to the protection of personal data . ### protecting and promoting the rights of the child , the rights of people with disabilities , union citizenship rights , including the european citizenship initiative , and the right to the protection of personal data .


### eur [ 233 . 000 . 000 ] for the specific objective referred to in article 2 ; ### eur [ 500 . 000 . 000 ] or at least 40 % of the financial envelope of the programme referred to in article 6 , to achieve the specific objective referred to in article 2 ;


### the amount referred to in paragraph 1 may be used for technical and administrative assistance for the implementation of the programme , such as preparatory , monitoring , control , audit and evaluation activities including corporate information technology systems , studies , meetings of experts , communications on priorities and areas related to the general objectives of the programme . ### the amount referred to in paragraph 1 may be used for technical and administrative assistance for the implementation of the programme , such as preparatory , monitoring , control , audit and evaluation activities , including ict systems , studies , meetings of experts communications on priorities and areas related to the general objectives of the programme , with a special focus on targeted initiatives to disseminate the knowledge of the programme , such as the unique , user - friendly communication e - portal .


### the performance reporting system shall ensure that data for monitoring programme implementation and results are collected efficiently , effectively , and in a timely manner . to that end , proportionate reporting requirements shall be imposed on recipients of union funds and member states . ### the performance reporting system shall ensure that data for monitoring programme implementation and results are collected efficiently , effectively , and in a timely manner . to that end , proportionate reporting and least burdensome requirements shall be imposed on recipients of union funds and member states .


### the power to adopt delegated acts referred to in article 14 shall be conferred on the commission until 31 december 2027 . ### the power to adopt delegated acts referred to in articles 13 and 14 shall be conferred on the commission until 31 december 2027 .


### the delegation of power referred to in article 14 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force . ### the delegation of power referred to in articles 13 and 14 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force .


### a delegated act adopted pursuant to article 14 shall enter into force if no objection has been expressed either by the european parliament or by the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or of the council . ### a delegated act adopted pursuant to articles 13 and 14 shall enter into force if no objection has been expressed either by the european parliament or by the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or of the council .


### information and communication technology tools development and maintenance ; ### information and communication technology tools development and maintenance ; promoting public awareness and understanding of the risks , rules , safeguards and rights in relation to the protection of personal data , digital security , and addressing fake news and targeted misinformation , in particular through trainings , studies and monitoring activities ;


### information and communication technology tools development and maintenance ; ### information and communication technology tools development , to increase citizens’ knowledge of the programme and their participation in the union ' s democratic process ;


### bringing together europeans of different nationalities and cultures by giving them the opportunity to participate in town - twinning activities ; ### bringing together citizens of different nationalities and cultures by giving them the opportunity to participate in town - twinning activities and small scale projects ;


### encouraging and facilitating active participation in the construction of a more democratic union as well as awareness of rights and values through support to civil society organisations ### encouraging and facilitating active and inclusive participation in the construction of a more democratic union as well as raising awareness , promoting and defending rights and values through support to civil society organisations ;


### developing the capacity of european networks to promote and further develop union law , policy goals and strategies as well as supporting civil society organisations active in the areas covered by the programme . ### developing the capacity of european networks through multiannual operating grants to promote and further develop union law , policy goals and strategies , supporting civil society organisations as well as local and regional authorities and heir representative associations active in the areas covered by the programme .


### the programme will be monitored on the basis of a set of indicators intended to measure the extent to which the general and specific objectives of the programme have been achieved and with a view to minimising administrative burdens and costs . to that end , data will be collected as regards the following set of key indicators : ### the programme will be monitored on the basis of a set of indicators intended to measure the extent to which the general and specific objectives of the programme have been achieved and with a view to minimising administrative burdens and costs . to that end , data will be collected as regards the following set of key indicators : line 3a number of transnational networks and initiatives focusing on european remembrance , heritage and civil dialogue as a result of programme intervention


### work - life balance policies should contribute to the achievement of gender equality by promoting the participation of women in the labour market , making it easier for men to share caring responsibilities on an equal basis with women , and closing gender gaps in earnings and pay . such policies should take into account demographic changes including the effects of an ageing population . ### work - life balance policies should contribute to the achievement of gender equality by promoting the participation of women in the labour market , encouraging and making it easier for men to share caring responsibilities on an equal basis with women , and closing gender gaps in earnings , pay and pensions . such policies should also focus on reducing gender stereotypes , recognising and redistributing care responsibilities , developing and implementing quality standards for all types of care services and should take into account demographic changes including the effects of an ageing population .


### member states should provide for effective , proportionate and dissuasive penalties in the event of breaches of national provisions adopted pursuant to this directive or the relevant provisions already in force concerning the rights which are within the scope of this directive . the effective implementation of the principle of equal treatment requires adequate judicial protection of workers against adverse treatment or adverse consequences resulting from a complaint or proceeding relating to the rights under this directive . victims may be deterred from exercising their rights on account of the risk of retaliation and therefore should be protected from any adverse treatment where they exercise their rights provided for by this directive . such protection is particularly relevant as regards workers’ representatives in the exercise of their function . ### member states should provide for effective , proportionate and dissuasive penalties in the event of breaches of national provisions adopted pursuant to this directive or the relevant provisions already in force concerning the rights which are within the scope of this directive . the effective implementation of the principle of equal treatment requires adequate judicial protection of workers against adverse treatment or adverse consequences resulting from a complaint or proceeding relating to the rights under this directive . victims may be deterred from exercising their rights on account of the risk of retaliation and therefore should be protected from any adverse treatment where they exercise their rights provided for by this directive . such protection is particularly relevant as regards workers’ representatives in the exercise of their function . labour and social inspections should monitor the appropriate implementation of this directive with the adequate means to avoid discrimination and ensure equal access of workers to their social and labour rights .


### member states should provide for effective , proportionate and dissuasive penalties in the event of breaches of national provisions adopted pursuant to this directive or the relevant provisions already in force concerning the rights which are within the scope of this directive . the effective implementation of the principle of equal treatment requires adequate judicial protection of workers against adverse treatment or adverse consequences resulting from a complaint or proceeding relating to the rights under this directive . victims may be deterred from exercising their rights on account of the risk of retaliation and therefore should be protected from any adverse treatment where they exercise their rights provided for by this directive . such protection is particularly relevant as regards workers ' representatives in the exercise of their function . ### member states should provide for effective , proportionate and dissuasive penalties in the event of breaches of national provisions adopted pursuant to this directive or the relevant provisions already in force concerning the rights which are within the scope of this directive . the effective implementation of the principle of equal treatment requires adequate judicial protection of workers against adverse treatment or adverse consequences resulting from a complaint or proceeding relating to the rights under this directive . victims may be deterred from exercising their rights on account of the risk of retaliation and therefore should be protected from any adverse treatment where they exercise their rights provided for by this directive . such protection is particularly relevant as regards workers ' representatives in the exercise of their function . labour and social inspections should monitor the appropriate implementation of this directive with the adequate means to avoid discrimination and ensure equal access of workers to their social and labour rights .


### member states may define the member states may define the circumstances in which an employer , following consultation in accordance with national law , collective agreements and / or practice , may be allowed to postpone the granting of parental leave by a reasonable period of time on the grounds that it would seriously disrupt the good functioning of the establishment . employers shall justify any postponement of parental leave in writing . ### member states may define the circumstances in which an employer , following consultation in accordance with national law , collective agreements and / or practice , may be allowed to postpone the granting of parental leave by a reasonable period of time on the grounds that it would seriously disrupt the good functioning of the establishment . the employer shall be allowed to postpone the granting of parental leave no more than twice and a maximum period of six months . employers shall justify any postponement of parental leave in writing .


### flexible working arrangements ### employee - oriented flexible working arrangements


### on the basis of the information provided by member states pursuant to paragraph 1 , the commission shall submit to the european parliament and the council a report in which it reviews the application of this directive , accompanied , if appropriate , by a legislative proposal . ### on the basis of the information provided by member states pursuant to paragraph 1 , the commission shall submit to the european parliament and the council a report in which it reviews the application of this directive , including data , disaggregated by sex and sexual orientation , on the take - up of different types of leave contained in this directive and its impact on micro , small and medium - sized undertakings , accompanied , if appropriate , by a legislative proposal .


### common provisions applicable to the erdf , the esf + , the cohesion fund and the emff . ### common provisions applicable to the erdf , the esf + , the cohesion fund , the eafrd , and the emff .


### each member state shall organise a partnership with the competent regional and local authorities . that partnership shall include at least the following partners : ### each member state shall organise a partnership with the competent regional and local authorities in operation at that time . that partnership shall include at least the following partners :


### the socio - economic situation of the member state or region concerned ; ### the socio - economic situation of the member state and region concerned ;


### the erdf , the esf + and the emff may support community - led local development . ### the erdf , the esf + and the emff should support community - led local development and allocate at least 15&#160 ; % of their funds to it .


### led by local action groups composed of representatives of public and private local socio - economic interests , in which no single interest group controls the decision - making ; ### led by local action groups composed of representatives of public and private local socio - economic interests , in which no single interest group , nor the public authorities as defined in accordance with national rules , controls the decision - making ;


### carried out through integrated strategies in accordance with article 26 ; ### carried out through integrated and multi - sectoral area - based local development strategies in accordance with article 26 ;


### the erdf , the esf + and the cohesion fund shall support the investment for jobs and growth goal in all regions corresponding to level 2 of the common classification of territorial units for statistics established by regulation no 1059 / 2003 as amended by commission regulation no 868 / 2014 . ### the erdf , the esf + and the cohesion fund shall support the investment for jobs and growth goal in all regions corresponding to level 2 of the common classification of territorial units for statistics established by regulation no&#160 ; 1059 / 2003 as amended by commission regulation no&#160 ; 868 / 2014 .


### the classification of regions under one of the three categories of regions shall be determined on the basis of how the gdp per capita of each region , measured in purchasing power standards and calculated on the basis of union figures for the period 2014 - 2016 , relates to the average gdp of the eu - 27 for the same reference period . ### the classification of regions under one of the three categories of regions shall be determined on the basis of how the gdp per capita of each region , measured in purchasing power standards and calculated on the basis of union figures for 2014 - 2016 and 2016 - 2018 , as well as the average gdp of the eu - 27 for the same reference period .


### elements pointing to possible criminal conduct falling within the competence of the eppo may , in practice , be present in initial allegations received by the office or may emerge only in the course of an administrative investigation opened by the office on the grounds of suspicion of administrative irregularity . in order to comply with its duty to report to the eppo , the office should therefore , as the case may be , report criminal conduct at any stage before or during an investigation . ### elements pointing to possible criminal conduct falling within the competence of the eppo may , in practice , be present in initial allegations received by the office or may emerge only in the course of an administrative investigation opened by the office on the grounds of suspicion of administrative irregularity . in order to comply with its duty to report to the eppo , the office should therefore , as the case may be , immediately report criminal conduct at any stage before or during an investigation .


### in conformity with regulation 2017 / 1939 , the office should in principle not open an administrative investigation parallel to an investigation conducted by the eppo into the same facts . however , in certain cases , the protection of the union’s financial interests may require that the office carry out a complementary administrative investigation before the conclusion of criminal proceedings initiated by the eppo with the purpose of ascertaining whether precautionary measures are necessary , or financial , disciplinary or administrative action should be taken . these complementary investigations may be appropriate , inter alia , when necessary to recover amounts due to the union budget subject to specific time - barring rules , when the amounts at risk are very high , or where there is the need to avoid further expenditure in risk situations through administrative measures . ### in conformity with regulation 2017 / 1939 , the office should in principle not open an administrative investigation parallel to an investigation conducted by the eppo into the same facts . however , in certain cases , the protection of the union’s financial interests may require that the office carry out a complementary administrative investigation before the conclusion of criminal proceedings initiated by the eppo with the purpose of ascertaining whether precautionary measures are necessary , or financial , disciplinary or administrative action should be taken . these complementary investigations may be appropriate , inter alia , when necessary to recover amounts due to the union budget subject to specific time - barring rules , when the amounts at risk are very high , or where there is the need to avoid further expenditure in risk situations through administrative measures . such investigations should be carried out in agreement with the eppo .


### regulation 2017 / 1939 provides that the eppo may request such complementary investigations to the office . in cases where the eppo does not request it , such a complementary investigation should also be possible on the initiative of the office , under certain conditions . in particular , the eppo should be able to object to the opening or continuation of an investigation by the office , or to the performance of specific acts of investigation by it . the reasons for this objection should be based on the need to protect the effectiveness of the eppo ' s investigation and should be proportionate to this aim . the office should refrain from performing the action on which the eppo raised an objection . if the eppo does not object , the office investigation should be conducted in close consultation with the eppo . ### regulation 2017 / 1939 provides that the eppo may request such complementary investigations to the office . in cases where the eppo does not request it , such a complementary investigation should also be possible on the initiative of the office , under certain conditions and following the agreement of the eppo . in particular , the eppo should be able to object to the opening or continuation of an investigation by the office , or to the performance of specific acts of investigation by it . the reasons for this objection should be based on the need to protect the effectiveness of the eppo ' s investigation and should be proportionate to this aim . the office should refrain from performing the action on which the eppo raised an objection . if the eppo does not object , the office investigation should be conducted in close consultation with the eppo .


### to ensure effective coordination between the office and the eppo , information should be exchanged between them on a continuous basis . the exchange of information in the stages prior to the opening of investigations by the office and the eppo is particularly relevant to ensure proper coordination between the respective actions and avoid duplication . the office and the eppo should specify the modalities and conditions of this exchange of information in their working arrangements . ### to ensure effective coordination between the office and the eppo and transparency in their cooperation , information should be exchanged between them on a continuous basis . the exchange of information in the stages prior to the opening of investigations by the office and the eppo is particularly relevant to ensure proper coordination between the respective actions and avoid duplication . the office and the eppo should specify the modalities and conditions of this exchange of information in their working arrangements .


### the office shall report to the eppo without undue delay any criminal conduct in respect of which the eppo could exercise its competence in accordance with article 22 and article 25 and of regulation 2017 / 1939 . the report shall be sent at any stage before or during an investigation of the office . ### the office shall immediately notify and report to the eppo without undue delay any criminal conduct in respect of which the eppo could exercise its competence in accordance with article 22 and article 25 and of regulation 2017 / 1939 . the report shall be sent at any stage before or during an investigation of the office .


### the report shall contain , as a minimum , a description of the facts , including an assessment of the damage caused or likely to be caused the possible legal qualification and any available information about potential victims , suspects and any other involved persons . ### the report shall contain , all the facts and information known by the office , including an assessment of the damage caused or likely to be caused the possible legal qualification and any available information about potential victims , suspects and any other involved persons .


### the office shall not be bound to report to the eppo manifestly unsubstantiated allegations . ### the office shall not be bound to report to the eppo manifestly unsubstantiated allegations , but shall provide data on the number and object of such allegations on a yearly basis .


### the comparison against other databases should be automated . whenever such comparison reveals that a correspondence exists with any of the personal data or combination thereof in the applications and a record , file or alert in the above information systems , or with personal data in the watchlist , the application should be processed manually by an operator in the responsible authority . the assessment performed by the responsible authority should lead to the decision to issue or not the short - stay visa . ### the comparison against other databases should be automated . whenever such comparison reveals that a correspondence exists with any of the personal data or combination thereof in the applications and a record , file or alert in the above information systems , the application should be processed manually by an operator in the responsible authority . the assessment performed by the responsible authority should lead to the decision to issue or not the short - stay visa .


### all other messages related to consular cooperation that entail transmission of personal data recorded in the vis or related to it , to the transmission of requests to the competent visa authority to forward copies of travel documents pursuant to point 7 of article 9 and other documents supporting the application and to the transmission of electronic copies of those documents , as well as to requests pursuant to article 9c and article 38 . the competent visa authorities shall respond to any such request within two working days . ; ### all other messages related to consular cooperation that entail transmission of personal data recorded in the vis or related to it , to the transmission of requests to the competent visa authority to forward copies of documents supporting the application and to the transmission of electronic copies of those documents , as well as to requests pursuant to article 9c and article 38 . the competent visa authorities shall respond to any such request within two working days . ;


### in view of the access referred to in paragraph 1 of article 45d , a european border and coast guard team may submit a request for the consultation of all data or a specific set of data stored in the vis to the european border and coast guard central access point referred to in article 45d . the request shall refer to the operational plan on border checks , border surveillance and / or return of that member state on which the request is based . upon receipt of a request for access , the european border and coast guard central access point shall verify whether the conditions for access referred to in paragraph 2 are fulfilled . if all conditions for access are fulfilled , the duly authorised staff of the central access point shall process the requests . the vis data accessed shall be transmitted to the team in such a way as not to compromise the security of the data . ### in view of the access referred to in paragraph 1 of article 45d , a european border and coast guard team may submit a request for the consultation of all data or a specific set of data stored in the vis to the european border and coast guard central access point referred to in article 45d . the request shall refer to the operational plan on border checks or&#160 ; border surveillance of that member state on which the request is based . upon receipt of a request for access , the european border and coast guard central access point shall verify whether the conditions for access referred to in paragraph 2 are fulfilled . if all conditions for access are fulfilled , the duly authorised staff of the central access point shall process the requests . the vis data accessed shall be transmitted to the team in such a way as not to compromise the security of the data .


### in order to fulfil their obligation under point of article 26 of the convention implementing the schengen agreement , air carriers , sea carriers and international carriers transporting groups overland by coach shall send a query to the vis in order to verify whether or not third country nationals holding a short - stay visa , a long stay visa or a residence permit are in possession of a valid short stay visa , long stay visa or residence permit , as applicable . for this purpose , as regards short stay visas , carriers shall provide the data listed under points , and of article 9 of this regulation or under points , and of article 22c , as applicable . ### in order to fulfil their obligation under point of article 26 of the convention implementing the schengen agreement , air carriers , sea carriers and international carriers transporting groups overland by coach shall send a query to the vis in order to verify whether or not third country nationals holding a short - stay visa or&#160 ; a long stay visa are in possession of a valid short stay visa or&#160 ; long stay visa , as applicable . for this purpose , as regards short stay visas , carriers shall provide the data listed under points , and of article 9 of this regulation or under points , and of article 22c , as applicable .


### to exercise the tasks and powers pursuant to article 40 of regulation 2016 / 1624 of the european parliament and of the council* and in addition to the access provided for in article 40 of that regulation , the members of the european border and coast guard teams , as well as teams of staff involved in return - related operations , shall , within their mandate , have the right to access and search data entered in vis . ### to exercise the tasks and powers pursuant to article 40 of regulation 2016 / 1624 of the european parliament and of the council* and in addition to the access provided for in article 40 of that regulation , the members of the european border and coast guard teams shall , within their mandate , have the right to access and search data entered in vis .


### the host member state authorises the members of the team to consult vis in order to fulfil the operational aims specified in the operational plan on border checks , border surveillance and return , and ### the host member state authorises the members of the team to consult vis in order to fulfil the operational aims specified in the operational plan on border checks or&#160 ; border surveillance , and


### in accordance with article 40 of regulation 2016 / 1624 , members of the teams , as well as teams of staff involved in return - related tasks may only act in response to information obtained from the vis under instructions from and , as a general rule , in the presence of border guards or staff involved in return - related tasks of the host member state in which they are operating . the host member state may authorise members of the teams to act on its behalf . ### in accordance with article 40 of regulation 2016 / 1624 , members of the teams may only act in response to information obtained from the vis under instructions from and , as a general rule , in the presence of border guards of the host member state in which they are operating . the host member state may authorise members of the teams to act on its behalf .


### the management authority shall ensure that procedures are in place to monitor the functioning of the vis against objectives relating to output , cost - effectiveness , security and quality of service . ### the management authority shall ensure that procedures are in place to monitor the functioning of the vis against objectives relating to output , cost - effectiveness , security , compliance with fundamental rights&#160 ; and quality of service .


### every four years , the commission shall produce an overall evaluation of the vis . this overall evaluation shall include an examination of results achieved against objectives and an assessment of the continuing validity of the underlying rationale , the application of this regulation in respect of the vis , the security of the vis , the use made of the provisions referred to in article 31 and any implications for future operations . the commission shall transmit the evaluation to the european parliament and the council . ### every four years , the commission shall produce an overall evaluation of the vis . this overall evaluation shall include an examination of results achieved against objectives and an assessment of the continuing validity of the underlying rationale , the application of this regulation in respect of the vis , the security of the vis , the impact on fundamental rights , the use made of the provisions referred to in article 31 and any implications for future operations . the commission shall transmit the evaluation to the european parliament and the council .


### the presumption of innocence is violated if , without the accused’s having previously been proved guilty according to law , a judicial decision or a public statement by judicial or other public authorities presents the suspects or accused persons as if they were convicted . ### the presumption of innocence is violated if , without the accused’s having previously been proven guilty according to law , persons holding a public office , be it judicial , administrative or political , make a statement or a reference , or perform an action that is likely to present the suspects or accused persons as guilty . for the purposes of this directive , ' public statement ' means any statement relating to a crime and issued by the judicial authorities , the police or any other public authorities , including ministers and other public officials . without prejudice to the freedom of the press and the right to information , the presumption of innocence is also infringed wherever suspects or accused persons are referred to in the press as if they have already been found guilty .


### the principle of effectiveness of union law requires that member states put in place adequate and effective remedies in the event of a breach of a right conferred upon individuals by union law . an effective remedy available in the event of a breach of any of the principles laid down in this directive should have , as far as possible , the effect of placing the suspects or accused persons in the same position in which they would have found themselves had the breach not occurred . ### the principle of effectiveness of union law requires that member states put in place adequate and effective remedies in the event of a breach of a right conferred upon individuals by union law . the remedies should be embodied in the national law of each member state and should preferably apply uniformly throughout the union . an effective remedy available in the event of a breach of any of the principles laid down in this directive should both consist of an appropriate damage compensation mechanism and have the effect of placing the suspects or accused persons in the same position in which they would have found themselves had the breach not occurred , such as resumption of the trial from the initial stages where necessary , or the resumption of the trial from the stage at which the rules and rights set out in this directive were infringed .


### member states shall ensure that suspects or accused persons are presumed innocent until proven guilty according to law . ### member states shall ensure that suspects or accused persons are presumed innocent until proven guilty by a final judgment , delivered according to law , in a public trial at which they have had all the guarantees necessary for their defence .


### member states shall ensure that suspects or accused persons are presumed innocent until proven guilty according to law . ### member states shall ensure that suspects or accused persons are presumed innocent until proven criminally liable by a final judgment handed down in criminal proceedings according to law in a public trial at which they have had all the safeguards necessary for their defence .


### member states shall promptly inform the suspect or accused persons of their right to remain silent , and explain the content of this right and the consequences of renouncing or invoking it . ### member states shall promptly inform the suspect or accused persons , through the competent bodies and in a language which they understand , of their right to remain silent , and explain the content of this right and the consequences of renouncing or invoking it .


### right to be present at one ' s trial ### right to be present at one ' s trial and in absentia decisions


### member states shall ensure that where the suspects or accused persons were not present at the trial referred to in article 8 and the conditions laid down in article 8 and are not met , the person concerned has the right to a new trial at which they have the right to be present and which allows a fresh determination of the merits of the case , including examination of new evidence , and which may lead to the original decision to be reversed . ### member states shall ensure that where the suspects or accused persons were not present at the trial referred to in article 8 and the conditions laid down in article 8 and are not met , the person concerned has the right to a new trial or an appeal , at which they have the right to be present and which will allow a fresh determination of the merits of the case , including examination of new evidence , and may lead to the original decision being reversed . the new trial shall be conducted in accordance with the presumption of innocence until a final irrevocable judgment has been handed down . member states shall ensure the right to a review of the decision establishing the criminal liability of the accused person in the event of new evidence coming to light by virtue of which the decision would have been more favourable to the person concerned , or in the event of it being demonstrated that the conviction was due to judicial error .