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


### in order to reduce to the minimum the administrative burden and costs , a specific procedure should be introduced for small consignments of counterfeit and pirated goods , which would allow for goods to be destroyed without the agreement of the right - holder . in order to establish the thresholds under which consignments are to be considered as small consignments , this regulation should delegate to the commission the power to adopt non - legislative acts of general application in accordance with article 290 of the treaty on the functioning of the european union . it is of importance that the commission carries out appropriate consultations during its preparatory work , including at expert level . ### in order to reduce to the minimum the administrative burden and costs , without prejudice to the end - consumer ' s right to be duly informed within a reasonable time of the legal basis for the actions taken by the customs authorities , a specific procedure should be introduced for small consignments of counterfeit and pirated goods , which would allow for goods to be destroyed without the agreement of the right - holder . in order to establish the thresholds under which consignments are to be considered as small consignments , this regulation should delegate to the commission the power to adopt non - legislative acts of general application in accordance with article 290 of the treaty on the functioning of the european union . it is of importance that the commission carries out appropriate and public consultations during its preparatory work , including with consumer and civil rights organisations and at expert level .


### redundant workers should have equal access to the egf independently of their type of employment contract or employment relationship . therefore , workers with fixed term contracts and temporary agency workers made redundant as well as owner - managers of micro , small and medium - sized enterprises and self - employed workers who cease their activities and farmers who change or adjust their activities to a new market situation following trade agreements , should be regarded as redundant workers for the purposes of this regulation . ### redundant workers , regardless of their formal status , should have equal access to the egf independently of their type of employment contract or employment relationship . therefore , workers with fixed term contracts and temporary agency workers made redundant as well as owner - managers of micro , small and medium - sized enterprises and self - employed workers who cease their activities should be regarded as redundant workers for the purposes of this regulation .


### financial contributions from the egf should be primarily directed at active labour market measures aimed at reintegrating redundant workers rapidly into employment , either within or outside their initial sector of activity , including the agricultural sector . the inclusion of pecuniary allowances in a coordinated package of personalised services should therefore be restricted . ### financial contributions from the esaf should be primarily directed at active labour market measures aimed at reintegrating redundant workers rapidly into quality and sustainable employment , either within or outside their initial sector of activity , including the agricultural sector . the inclusion of pecuniary allowances in a coordinated package of personalised services should therefore be limited . the financial contributions should be in addition and not in replacement to any financial obligations that are the responsibility of member states or companies by virtue of national or community law or collective agreements . companies or sectors should contribute to the national cofounding of the measures unless they are unable to do so .


### in order to support redundant workers effectively and rapidly , member states should do their utmost to submit complete applications . the provision of supplementary information should be exceptional and limited in time . ### in order to support redundant workers effectively and rapidly , member states should do their utmost to submit complete applications and the european institutions should do their utmost to assess them rapidly . the provision of supplementary information should be exceptional and limited in time .


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


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


### ' a worker ' means workers with contracts of employment of indefinite duration whose employment contract or relationship is in accordance with article 4 ; or ### ' a worker ' is defined as a person having a contract or employment relationship defined by the law in force in a member state and / or governed by the law in force in a member state or in a de facto employment relationship regardless of the contractual situation . this includes fixed - term workers and temporary agency workers .


### actions which are the responsibility of enterprises by virtue of national law or collective agreements . ### actions which are the responsibility of enterprises or member states by virtue of national , union law or collective agreements or which would be replacing such responsibilities .


### a reasoned analysis of the link between the redundancies and the major structural changes in world trade patterns , or the serious disruption of the local , regional or national economy caused by an unexpected crisis , or the new market situation in the agricultural sector in the member state and resulting from the effects of a trade agreement initialled by the european union in accordance with article xxiv of the gatt or a multilateral agreement initialled within the world trade organisation as per article 2 . this analysis shall be based on statistical and other information at the most appropriate level to demonstrate the fulfilment of the intervention criteria set out in article 4 ; ### a reasoned analysis of the lay - offs . this analysis shall be based on statistical and other information at the most appropriate level to demonstrate the fulfilment of the intervention criteria set out in article 4 . in case of a company continuing its activities after lay offs it shall contain a detailed explanation of legal social obligations by virtue of union law national , law or collective agreements and measures taken by the company to provide support for redundant workers .


### the identification , where applicable , of the dismissing enterprises , suppliers or downstream producers , sectors , and the categories of targeted workers ; ### the identification , where applicable , of the dismissing enterprises , suppliers or downstream producers , sectors , and the categories of targeted workers ; broken down by gender and age groups


### a statement of compliance of the requested egf support with the procedural and material union rules on state aid as well as a statement that the personalised services do not replace measures that are the responsibility of companies by virtue of national law or collective agreements ; ### a statement of compliance of the requested esaf support with the procedural and material union rules on state aid as well as a statement why the personalised services do not replace measures that are the responsibility of companies or member states by virtue of national or union law or collective agreements ;


### in accordance with their respective responsibilities , the commission and the applicant member state shall ensure the coordination of the assistance from union funds . ### in accordance with their respective responsibilities , the commission and the applicant member state shall ensure the coordination of the assistance from union funds . the commission and the applicant member state shall keep the actors involved in the application informed of the ongoing assessment of the application throughout the application process .


### the commission ' s technical assistance shall include the provision of information and guidance to the member states for using , monitoring and evaluating the egf . the commission may also provide information on using the egf to the european and national social partners . ### the commission ' s technical assistance shall include the provision of information and guidance to the member states for using , monitoring and evaluating the esaf . the commission shall also provide detailed and timely information on using the esaf to the european and national social partners .


### information , communication and publicity ### information and communication


### by 30 june 2018 , a mid - term evaluation of the effectiveness and sustainability of the results obtained ; ### by 30 june 2018 , a mid - term evaluation of the effectiveness and sustainability of the results obtained ; this evaluation should include the assessment of the incorporation of this instrument into the european social fund as a rapid intervention axis with special emphasis on its budgetary and management implications in order to increase coherence and complementarity , to shorten the decision - making process and to simplify and streamline the esaf applications as the esaf could benefit from esf structures , procedures , management and control systems as well as esf simplifications in areas such as eligible costs .


### &#8220 ; recording equipment&#8221 ; means the equipment intended for installation in road vehicles to display , record , print , store and output automatically or semi - automatically details of the movement of such vehicles and of certain work periods of their drivers ; ### &#8220 ; recording equipment&#8221 ; means the equipment intended for installation in road vehicles to display , record , print , store and output automatically or semi - automatically details of the movement and speed of such vehicles , of certain work periods of their drivers and of the weight of the vehicle ;


### the data exchanged during communication shall be limited to the data necessary for the purpose of targeted roadside checks . data concerning the identity of the driver , driver activities and speed shall not be communicated . ### the data exchanged during communication shall be limited to the data necessary for the purpose of targeted roadside checks and may include driver activities , sensor fault , errors in motion data , driving without a driving card , vehicle registration number , speed and weight of the vehicle . data concerning the identity of the driver shall not be communicated .


### manufacturers or their agents shall submit an application for eu approval of a type of vehicle unit , motion sensor , model record sheet or tachograph card to the type approval authorities designated to that effect by each member state . ### manufacturers or their agents shall submit an application for eu approval of a type of vehicle unit , weight sensor , motion sensor , model record sheet or tachograph card to the type approval authorities designated to that effect by each member state .


### manufacturers shall design , test and review vehicle units , motion sensors and tachograph cards put into production so as to detect vulnerabilities arising at all phases of the product life - cycle , and prevent or mitigate their possible exploitation . ### manufacturers shall design , test and review vehicle units , motion sensors , weight sensors and tachograph cards put into production so as to detect vulnerabilities arising at all phases of the product life - cycle , and prevent or mitigate their possible exploitation .


### within the framework of this mutual assistance , the competent authorities of the member states shall in particular regularly send to each other all available information concerning infringements to this regulation related to fitters and workshops , and any penalties imposed for such infringements . ### within the framework of this mutual assistance , the competent authorities of the member states shall in particular regularly send to each other all available information concerning infringements to this regulation related to fitters and workshops , types of manipulation practises , and any penalties imposed for such infringements .


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


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


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


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


### therefore it is appropriate , that the commission decides on common eu annual priorities with respect to specific geographic regions and nationalities as well as to the specific categories of refugees to be resettled . ### in order to achieve the objectives of decision no 573 / 2007 / ec of the european parliament and of the council1 the commission should be empowered to adopt delegated acts in accordance with article 290 of the treaty on the functioning of the european union establishing common eu annual priorities with respect to geographic regions as well as to the specific categories of refugees to be resettled . 1 oj l 144 , 6 . 6 . 2007 , p . 1 .


### the commission shall establish the common eu annual priorities for resettlement in accordance with the procedure referred to in article 52 . ### in order to achieve the objectives of this decision to make resettlement an effective protection instrument , the commission shall establish the common eu annual priorities for resettlement by way of delegated acts in accordance with articles 52a , 52b and 52c .


### within twenty calendar days following the notification of commission decision establishing the common eu annual priorities for resettlement in accordance with article 13 , member states shall provide the commission with an estimate of the number of persons whom they will resettle according to these common eu annual priorities in the course of the following calendar year . the commission shall communicate this information to the committee referred to in article 52 . ### within twenty calendar days following the notification of commission decision establishing the common eu annual priorities for resettlement in accordance with article 13 , member states shall provide the commission with an estimate of the number of persons whom they will resettle according to these common eu annual priorities in the course of the following calendar year . the commission shall communicate this information to the european parliament and the council .


### the fund should contribute to the restoration of infrastructure to working order , to the cleaning up of disaster - stricken zones and to the costs of the rescue services and for temporary accommodation for the population concerned during the whole implementation period . the time - span during which the accommodation of people made homeless by the disaster may be considered temporary should also be defined . ### the fund should contribute to the restoration of infrastructure to working order , to the cleaning up of disaster - stricken zones , to the costs of the rescue services and for temporary accommodation for the population concerned during the whole implementation period and to technical assistance . the time - span during which the accommodation of people made homeless by the disaster may be considered temporary should also be defined .


### it is important to ensure that the eligible states make the requisite efforts to prevent disasters from occurring and to mitigate their effects , including by full implementation of relevant union legislation on disaster risk prevention and management and the use of available union funding for relevant investments . provision should therefore be made that a failure of the member state to comply with relevant union legislation on disaster risk prevention and management , after having received a contribution from the fund for an earlier natural disaster , may result in the rejection of the application or a reduction of the amount of contribution in the event of a further application for a disaster of the same nature . ### it is important to ensure that the eligible states make the requisite efforts to prevent disasters from occurring and to mitigate their effects , including by full implementation of relevant union legislation on disaster risk prevention and management and the use of available union funding for relevant investments . provision should therefore be made that a failure of the member state to comply with relevant union legislation on sustainable disaster risk prevention and management , after having received a contribution from the fund for an earlier natural disaster , may result in the rejection of the application or a reduction of the amount of contribution in the event of a further application for a disaster of the same nature .


### administrative procedures leading up to the payment of a contribution should be as simple and time - efficient as possible . for member states , detailed provisions on the implementation of the contribution from the fund should therefore be contained in the implementing decisions awarding that contribution . however , for beneficiary states which are not yet member states of the union , separate implementation agreements should be maintained for legal reasons . ### administrative procedures leading up to the payment of a contribution should be as simple and time - efficient as possible . for member states , detailed provisions on the implementation of the contribution from the fund should therefore be contained in the decisions awarding that contribution . however , for beneficiary states which are not yet member states of the union , separate implementation agreements should be maintained for legal reasons .


### cleaning up of disaster - stricken areas , including natural zones . ### cleaning up of disaster - stricken areas , including natural zones , following eco - system based approaches ,


### operations financed by the fund shall be compatible with the provisions of the treaty and instruments adopted under it , with union policies and measures , in particular in the fields of financial management and public procurement , and with pre - accession assistance instruments . those operations shall contribute , where possible , to the objectives of union policies on environmental protection , disaster risk prevention and management and climate change adaptation . ### operations financed by the fund shall be compatible with the provisions of the treaty and instruments adopted under it , with union policies and measures , in particular in the fields of financial management and public procurement , and with pre - accession assistance instruments . those operations shall contribute , where applicable , to the objectives of union policies on environmental protection , disaster risk prevention and management and climate change adaptation including eco - system based approaches .


### the implementation report shall detail the preventive measures introduced or proposed by the beneficiary state to limit future damage and to avoid , to the extent possible , a recurrence of similar disasters , including the use of union structural and investment funds for this purpose , and the state of implementation of relevant union legislation on disaster risk prevention and management . it shall also report on experience gained from the disaster and the measures taken or proposed to ensure resilience in relation to climate change and disasters . ### the implementation report shall detail the preventive measures taken or proposed by the beneficiary state to limit future damage and to avoid , a recurrence of similar disasters , including the use of union structural and investment funds for this purpose , and the state of implementation of relevant union legislation on disaster risk prevention and management . it shall also report on experience gained from the disaster and the measures taken or proposed to ensure environmental protection and resilience in relation to climate change and disasters .


### the treaty aims at an ever closer union among the peoples of europe and confers on the union the task , inter alia , of contributing to the flowering of cultures of member states , while respecting their national and regional diversity and at the same time ensuring that the conditions necessary for the competitiveness of the union ' s industry exist . in this respect , the union , where necessary , supports and supplements member states ' actions to respect cultural and linguistic diversity , strengthen the competitiveness of the european cultural and creative sectors and facilitate adaptation to industrial changes , in particular through vocational training . ### the treaty aims at an ever closer union among the peoples of europe and confers on the union the task , inter alia , of contributing to the flowering of cultures of member states , while respecting their national and regional diversity and at the same time ensuring that the conditions necessary for the competitiveness of the union ' s industry exist . in this respect , the union , where necessary , supports and supplements member states ' actions to respect cultural and linguistic diversity , strengthen the competitiveness of the european cultural and creative sectors and facilitate adaptation to industrial changes , in particular through initial or continuing vocational training .


### the ‘ european agenda for culture in a globalizing world’ , endorsed by the council in a resolution of 16 november 2007 sets the objectives for future activities of the european union for the cultural and creative sectors . it aims to promote cultural diversity and intercultural dialogue , to promote culture as a catalyst for creativity in the framework for growth and jobs and to promote culture as a vital element in the union’s international relations . ### the ‘ european agenda for culture in a globalizing world’1 , endorsed by the council in a resolution of 16 november 20072 sets the objectives for future activities of the european union for the cultural and creative sectors . it aims to promote cultural diversity , intercultural dialogue , and the mobility of professionals , to promote culture as a catalyst for creativity in the framework for growth and jobs and to promote culture as a link for social inclusion and a vital element in the union’s international relations .


### one of the greatest challenges of the cultural and creative sectors , especially small operators including small and medium - sized enterprises and micro - enterprises , is their difficulty accessing the funds they need to finance their activities , grow , maintain their competitiveness or internationalise . while this is a common challenge for smes in general , the situation is significantly more difficult in the cultural and creative sectors due to the intangible nature of many of their assets , the prototype profile of their activities , the lack of investment - readiness of the operators in the sectors as well as the insufficient investor - readiness of financial institutions . ### one of the greatest challenges of the cultural and creative sectors , especially ngos or associations , small operators including small and medium - sized enterprises and micro - enterprises , is their difficulty accessing the funds they need to finance their activities , grow , maintain their competitiveness or internationalise . while this is a common challenge for smes in general , the situation is significantly more difficult in the cultural and creative sectors due to the intangible nature of many of their assets , the prototype profile of their activities , the lack of investment - readiness of the operators in the sectors as well as the insufficient investor - readiness of financial institutions .


### it is necessary to ensure the european added value of all actions carried out within in the framework of the programme , complementarity to member state activities and compliance with article 167 of the treaty and other union activities , in particular in the field of education , research and innovation , industrial and cohesion policy , tourism and external relations . ### it is necessary to ensure the european added value of all actions carried out within in the framework of the programme , complementarity to member state activities and compliance with article 167 of the treaty and other union activities , in particular in the field of education , research and innovation , social policy , industrial and cohesion policy , tourism and external relations .


### in compliance with the principles for performance related assessment , the procedures for monitoring and evaluating the programme should include detailed annual reports and refer to the specific , measurable , achievable , relevant and time - bound targets and indicators laid down in this regulation . ### in compliance with the principles for performance related assessment , the procedures for monitoring and evaluating the programme should include detailed annual reports and refer to the qualitative and quantitative , measurable , achievable , relevant and time - bound targets and indicators laid down in this regulation .


### transnational exchange of experiences and knowhow on new business models , peer - learning activities and networking among cultural operators and policy makers related to the development of the cultural and creative sectors ; ### transnational exchange of experiences and knowhow on new socio - economic models , based on peer - learning activities and networking among cultural operators and policy makers related to the development of the cultural and creative sectors ;


### – stimulate cross - border cooperation between professionals , institutions platforms and networks in the cultural and creative sectors ; ### – stimulate cross - border mobility and cooperation between professionals , institutions platforms and networks in the cultural and creative sectors ;


### supporting audience building as a means of stimulating interest in european cultural works . ### supporting audience building and access to culture for all as a means of stimulating interest in european cultural works .


### activities by organisations providing a promotional european platform for the development of emerging talent and stimulating the circulation of artists and works , with a systemic and large scale effect ; ### activities by organisations providing a promotional european platform for the development of emerging talent and facilitating the mobility of artists and works . artists should be able to exercise their rights effectively , without discrimination , particularly with regard to social protection or unemployment or retirement benefits , and irrespective of the eu country in which they work ;


### relevant eu policies , in particular those in the fields of education , employment , health , research and innovation , enterprise , tourism , justice and development ; ### relevant eu policies , in particular those in the fields of education , employment , social affairs , health , research and innovation , enterprise , tourism , justice and development ;


### – internationalisation of cultural operators and the number of transnational partnerships created ; ### – diversification and internationalisation of cultural operators and the number of transnational partnerships created ;


### no more than 5 percentage points of the financial envelope shall be allocated to measures falling under article 4 . ” ### no more than 10 percentage points of the financial envelope shall be allocated to measures falling under article 4 . ”


### for the purposes of paragraph 1 , by 1 january 2014 , member states shall establish and make publicly available an inventory of buildings owned by their public bodies indicating : ### for the purposes of paragraph 1 , by 1 january 2014 , member states shall establish and make publicly available an inventory of buildings owned or occupied by their public bodies indicating :


### therefore , the constituent factual elements characterising the temporary nature inherent to the notion of posting , which implies that the employer should be genuinely established in the member state from which the posting takes place , as well as the relationship between directive 96 / 71 / ec and regulation no 593 / 2008 on the law applicable to contractual obligations need to be further clarified . ### therefore , the constituent factual elements characterising the temporary nature inherent to the notion of posting , which implies that the employer should be genuinely established in the member state from which the posting takes place , as well as the relationship between articles 45 , 46 , 49 tfeu , directive 96 / 71 / ec and regulation no 593 / 2008 on the law applicable to contractual obligations need to be further clarified


### in order to ensure the correct application of , and to monitor compliance with , the substantive rules on the terms and conditions of employment to be respected with regard to posted workers , member states should apply only certain control measures or administrative formalities to undertakings posting workers for the provision of services . such measures and requirements may only be imposed provided that the competent authorities cannot carry out their supervisory task effectively without the requested information and the necessary information cannot be obtained easily from the employer of posted workers or the authorities in the member state of establishment of the service provider within a reasonable delay and / or less restrictive measures would not ensure that the objectives of the national controls measures deemed necessary are attained . ### it is of paramount importance that the host member state continues to control and monitor as outlined in article 5 directive 96 / 71 / ec . in order to ensure the correct application of , and to monitor compliance with , the substantive rules on the terms and conditions of employment to be respected with regard to posted workers , member states shall apply necessary control measures or administrative formalities to undertakings posting workers for the provision of services .


### to facilitate the enforcement of directive 96 / 71 / ec and ensure more effective application of it , effective complaint mechanisms should exist through which posted workers may lodge complaints or engage in proceedings either directly or through relevant designated third parties , such as trade unions or other associations as well as common institutions of social partners . this should be without prejudice to national rules of procedure concerning representation and defence before the courts . ### to facilitate the enforcement of directive 96 / 71 / ec and ensure more effective application of it , effective complaint mechanisms should exist through which posted workers may lodge complaints or engage in proceedings either directly or through relevant designated third parties , such as trade unions or other associations as well as common institutions of social partners . associations , organisations and other legal entities which have a legitimate interest in the enforcement of directive 96 / 71 / ec may engage in any judicial and administrative proceeding on behalf of the worker . this should be without prejudice to national rules of procedure concerning representation and defence before the courts .


### this directive aims to guarantee respect for an appropriate level of minimum protection of the rights of posted workers for the cross - border provision of services , while facilitating the exercise of the freedom to provide services for service providers and promoting fair competition between service providers . ### in accordance with art . 3 of the directive 96 / 71 / ec , this directive sets out implementation instruments needed for the equal treatment of posted workers as regards the terms and conditions of employment which apply in the place where the service is to be performed , as defined by national law or practice of member states and therefore contributes to fair competition in the single market .


### this directive shall not affect in any way the exercise of fundamental rights as recognised in member states and by union law , including the right or freedom to strike or to take other action covered by the specific industrial relations systems in member states , in accordance with national law and practices . nor does it affect the right to negotiate , conclude and enforce collective agreements and to take collective action in accordance with national law and practices . ### this directive shall not affect in any way the exercise of fundamental rights as recognised in member states and international law , ilo conventions and the fundamental rights charter including the right or freedom to strike or to take other action covered by the specific industrial relations systems in member states , in accordance with national law and practices . nor does it affect the right to negotiate , conclude and enforce collective agreements and to take collective action in accordance with national law and practices .


### the work is carried out for a limited period of time in another member state ; ### the work of the posted workers is carried out for a limited period of time in another member state than the one in which the employee normally carries out his work and starts on a specified day ; in accordance with art 3 of directive 96 / 71 / ec , for the calculation of this limited time , account shall be taken of any previous periods for which the post has been filled by a posted worker ;


### role of liaison offices ### role of competent authorities and liaison offices


### contact details of the competent authorities shall be communicated to the commission and the other member states . the commission shall publish and regularly update the list of the competent authorities and liaison offices . ### contact details of the competent authorities shall be communicated to the commission and the other member states and be available to the public . the commission shall publish and regularly update the list of the competent authorities and liaison offices . other member states and eu institutions shall respect each member state ' s choice of competent authorities .


### the commission shall continue to support the member states in this area . ### the commission under supervision of council and the european parliament shall continue to support the member states in this area .


### for the purpose of responding to a request for assistance from competent authorities in another member state , member states shall ensure that service providers established in their territory supply their competent authorities with all the information necessary for supervising their activities in compliance with their national laws . ### for the purpose of responding to a request for assistance from competent authorities in another member state , member states shall ensure that service providers established in their territory supply the competent authorities with all the information necessary for supervising their activities in compliance with their national laws and directive 96 / 71 / ec .


### member states shall , with the assistance of the commission , take accompanying measures to develop , facilitate and promote the exchange between officials in charge of the implementation of administrative cooperation and mutual assistance as well as monitoring the compliance with and enforcement of the applicable rules . ### member states shall , with assistance of the commission , take accompanying measures to develop , facilitate and promote the exchange between social partners , officials in charge of the implementation of administrative cooperation and mutual assistance , as well as to ensure that organisations providing information to posted workers are supported .


### member states shall ensure that appropriate checks and monitoring mechanisms are put in place and that effective and adequate inspections are carried out on their territory in order to control and monitor compliance with the provisions and rules laid down in directive 96 / 71 / ec and to guarantee its proper application and enforcement . such inspections shall be based primarily on a risk assessment to be drawn up regularly by the competent authorities . the risk assessment shall identify the sectors of activity in which the employment of workers posted for the provision of services is concentrated on their territory . when making such risk assessment the realisation of big infrastructural projects , the special problems and needs of specific sectors , the past record of infringement , as well as the vulnerability of certain groups of workers shall be taken into account . ### in order to improve compliance with art . 3 and 5 of directive 96 / 71 / ec and to guarantee its effective application and enforcement , host member states shall ensure that effective checks and monitoring mechanisms are put in place and that effective and adequate inspections are carried out on their territory . in order to make effective checks and controls possible , member states may in particular impose the following requirements :


### further to the request by the requesting authority for recovery of a penalty or a fine or notification of a decision imposing a penalty or fine , the requested authority shall provide any information and mutual assistance which would be useful to the requesting authority in the recovery of a fine and / or penalty , as well as , to the extent possible , for the underlying claim . ### further to the request by the requesting authority for recovery of a penalty or a fine or notification of a decision imposing a penalty or fine , the requested authority shall without delay provide any information and mutual assistance requested to the requesting authority in the recovery of a fine and / or penalty , as well as , for the underlying claim .


### if , in the course of the recovery or notification procedure , the fine , penalty and / or underlying claim is contested by the service provider concerned or an interested party , the cross - border enforcement procedure of the fine or penalty imposed shall be suspended pending the decision of the appropriate national authority in the matter . ### if , in the course of the recovery or notification procedure , the fine , penalty and / or underlying claim is contested by the service provider concerned or an interested party , the cross - border enforcement procedure of the fine or penalty imposed shall be suspended pending the decision of the appropriate national authority in the matter . the requesting authority shall without delay notify the requested authority of the contestation . the requesting authority may however request the precautionary freezing and confiscation of assets to limit the risk of non - recovery before the decision is final in accordance with directive on the freezing and confiscation of proceeds of crime in the european union ' .


### the administrative cooperation and mutual assistance between the competent authorities of the member states provided for in articles 6 , 7 , 10 , 13 , 14 and 15 shall be implemented through the internal market information system , established by [ reference to imi regulation ] . ### the administrative cooperation between the competent authorities of the member states provided for in articles 6 , 7 , 10 , 13 , 14 and 15 shall be implemented through the internal market information system , established by [ reference to imi regulation ] 89 as far as possible and be accompanied by other established means of cooperation such as bilateral agreements .


### in order to deliver on the targets and objectives of smart , sustainable and inclusive growth set out in the europe 2020 strategy , the erdf should contribute under the european territorial cooperation goal to the thematic objectives of developing an economy based on knowledge , research and innovation , promoting a greener , more resource - efficient and competitive economy , fostering high employment that delivers social and territorial cohesion , and developing administrative capacity . however , the list of the investment priorities under the different thematic objectives should be adapted to the specific needs of the european territorial cooperation goal , in particular by allowing for the continuation under cross - border cooperation of legal and administrative cooperation and cooperation between citizens and institutions , of cooperation in the fields of employment , training and social inclusion in a cross - border perspective , by allowing for the continuation under transnational cooperation of maritime cross - border cooperation not covered by cross - border cooperation programmes , and by the development and implementation of macro - regional and seabasin strategies . ### in order to deliver on the targets and objectives of smart , sustainable and inclusive growth set out in the europe 2020 strategy , the erdf should contribute under the european territorial cooperation goal to the thematic objectives of developing an economy based on knowledge , research and innovation , promoting a greener , more resource - efficient and competitive economy , fostering high employment that delivers social and territorial cohesion , and developing administrative capacity . however , the list of the investment priorities under the different thematic objectives should be adapted to the specific needs of the european territorial cooperation goal , in particular by allowing for the continuation under cross - border cooperation of legal and administrative cooperation and cooperation between citizens and institutions , of cooperation in the fields of employment , training and social inclusion in a cross - border perspective , by allowing for the continuation under transnational cooperation of maritime cross - border cooperation and cross - border cooperation between regions not covered by cross - border cooperation programmes , and by the development and implementation of macro - regional and seabasin strategies .


### in order to deliver on the targets and objectives of smart , sustainable and inclusive growth set out in the europe 2020 strategy , the erdf should contribute under the european territorial cooperation goal to the thematic objectives of developing an economy based on knowledge , research and innovation , promoting a greener , more resource - efficient and competitive economy , fostering high employment that delivers social and territorial cohesion , and developing administrative capacity . however , the list of the investment priorities under the different thematic objectives should be adapted to the specific needs of the european territorial cooperation goal , in particular by allowing for the continuation under cross - border cooperation of legal and administrative cooperation and cooperation between citizens and institutions , of cooperation in the fields of employment , training and social inclusion in a cross - border perspective , by allowing for the continuation under transnational cooperation of maritime cross - border cooperation not covered by cross - border cooperation programmes , and by the development and implementation of macro - regional and sea - basin strategies . ### in order to deliver on the targets and objectives of smart , sustainable and inclusive growth set out in the europe 2020 strategy , the erdf should contribute under the european territorial cooperation goal to the thematic objectives of developing an economy based on knowledge , research and innovation , promoting a greener , more resource - efficient and competitive economy , fostering gender equality , prevention of discrimination and high employment that delivers social and territorial cohesion , and developing administrative capacity . however , the list of the investment priorities under the different thematic objectives should be adapted to the specific needs of the european territorial cooperation goal , in particular by allowing for the continuation under cross - border cooperation of legal and administrative cooperation and cooperation between citizens and institutions , of cooperation in the fields of employment , training and social inclusion in a cross - border perspective , by allowing for the continuation under transnational cooperation of maritime cross - border cooperation not covered by cross - border cooperation programmes , and by the development and implementation of macro - regional and sea - basin strategies .


### horizon 2020 should be implemented with a view to contributing directly to creating industrial leadership , growth and employment in europe and should reflect the strategic vision of the commission communication of 6 october 2010 to the european parliament , the council , the european economic and social committee and the committee of the region ‘ europe 2020 flagship initiative innovation’6 whereby the commission engages to radically simplify access of participants . ### horizon 2020 should be implemented with a view to contributing directly to creating citizen ' s welfare , economic development , environmental sustainability , industrial leadership , prosperity and employment in europe and should reflect the strategic vision of the commission communication of 6 october 2010 to the european parliament , the council , the european economic and social committee and the committee of the region ' europe 2020 flagship initiative innovation ' 6 whereby the commission engages to radically simplify access of participants .


### for products manufactured from two or more fruits , except where lemon and lime juice are used under the conditions laid down in part ii . 2 of annex i , the product names shall be supplemented by a list of the fruits used , in descending order of the volume of the fruit juices or purées included . however , in the case of products manufactured from three or more fruits , the indication of the fruits used may be replaced by the words “several fruits” or a similar wording , or by the number of fruits used . ### for products manufactured from two or more fruits , except where lemon and lime juice are used under the conditions laid down in part ii . 2 of annex i , the product names shall be supplemented by a list of the fruits used , in descending order of the volume of the fruit juices or purées included . however , in the case of products manufactured from three or more fruits , the indication of the fruits used may be replaced by the words “several fruits” or a similar wording , or by the number of fruits used . in any event , all fruits used must be indicated in the ingredients list in descending order of volume , and followed by the quantity , expressed as a percentage , in accordance with regulation no [ … ] of the european parliament and of the council on the provision of food information to consumers . if any fruit is mentioned in the product name , the principal name of the product must correspond to the dominating fruit .


### flavour , pulp , and cells obtained by suitable physical means from the same species of fruit may be restored to the juice . ### flavour , pulp and cells from the juice which are separated during processing may be restored to the same juice .


### in view of the union ' s objectives to further reduce greenhouse gas emissions and the significant contribution that road transport fuels make to those emissions , article 7a of directive 98 / 70 / ec relating to the quality of petrol and diesel fuels and amending council directive 93 / 12 / ec requires fuel suppliers to reduce by at least 6% by 31 december 2020 the life cycle greenhouse gas emissions per unit of energy of fuels used in the union by road vehicles , non - road mobile machinery , agricultural and forestry tractors and recreational craft when not at sea . the blending of biofuels is one of the methods available for fossil fuel suppliers to reduce the greenhouse gas intensity of the fossil fuels supplied . ### in view of the union ' s objectives to further reduce greenhouse gas emissions and the significant contribution that road transport fuels make to those emissions , article 7a of directive 98 / 70 / ec relating to the quality of petrol and diesel fuels and amending council directive 93 / 12 / ec requires fuel suppliers to reduce by at least 6% by 31 december 2020 the life cycle greenhouse gas emissions per unit of energy of fuels used in the union by road vehicles , non - road mobile machinery , agricultural and forestry tractors and recreational craft when not at sea . the blending of zero or low direct and indirect greenhouse gas emissions biofuels is one of the methods available for fossil fuel suppliers to reduce the greenhouse gas intensity of the fossil fuels supplied .


### based on forecasts of biofuel demand provided by the member states and estimates of indirect land - use change emissions for different biofuel feedstocks it is likely that greenhouse gas emissions linked to indirect land use change are significant , and could negate some or all of the greenhouse gas savings of individual biofuels . this is because almost the entire biofuel production in 2020 is expected to come from crops grown on land that could be used to satisfy food and feed markets . in order to reduce such emissions , it is appropriate to distinguish between crop groups such as oil crops , cereals , sugars and other starch containing crops accordingly . ### based on forecasts of biofuel demand provided by the member states and estimates of indirect land - use change emissions for different biofuel feedstocks , greenhouse gas emissions linked to indirect land use change are significant , and will negate some or all of any greenhouse gas savings of individual biofuels . this is because almost the entire biofuel production in 2020 is expected to come from crops grown on land that could be used to satisfy food and feed markets . indirect land - use changes therefore need to be taken into account so as to prevent these potential sources of emissions from undermining efforts to meet the union ' s renewable energy and greenhouse gas emission targets . in order to reduce indirect land - use change and land grabbing , it is appropriate therefore to distinguish between land - based energy crops on the one hand , and non - land - based biofuels on the other hand . furthermore , eu public subsidies for the biofuels industry incentivise land - use change and land - grabbing and should be phased out by 2020 at the latest .


### liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions . advanced biofuels , such as those made from wastes and algae , provide high greenhouse gas savings with low risk of causing indirect land use change and do not compete directly for agricultural land for the food and feed markets . it is appropriate , therefore , to encourage greater production of such advanced biofuels as these are currently not commercially available in large quantities , in part due to competition for public subsidies with established food crop based biofuel technologies . further incentives should be provided by increasing the weighting of advanced biofuels towards 10% target for transport set in directive 2009 / 28 / ec compared to conventional biofuels . in this context , only advanced biofuels with low estimated indirect land use change impacts and high overall greenhouse gas savings should be supported as part of the post 2020 renewable energy policy framework . ### liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions . advanced biofuels , such as those made from wastes , provide high greenhouse gas savings with low risk of causing indirect land use change and do not compete directly for agricultural land for the food and feed markets . it is appropriate , therefore , to encourage greater production of some advanced biofuels as these are currently not commercially available in large quantities , in part due to competition for public subsidies with established food crop based biofuel technologies . in this context , only advanced biofuels with low estimated indirect land use change impacts and high overall greenhouse gas savings should be supported as part of the post 2020 renewable energy policy framework .


### in order to ensure the long - term competitiveness of bio - based industrial sectors , and in line with the 2012 communication ‘ innovating for sustainable growth : a bioeconomy for europe’ and the roadmap to a resource efficient europe , promoting integrated and diversified biorefineries across europe , enhanced incentives under directive 2009 / 28 / ec should be set in a way that gives preference to the use of biomass feedstocks that do not have a high economic value for other uses than biofuels . ### in order to ensure the long - term competitiveness of bio - based industrial sectors , and in line with the 2012 communication ' innovating for sustainable growth : a bioeconomy for europe ' and the roadmap to a resource efficient europe , promoting integrated and diversified biorefineries across europe , enhanced incentives under directive 2009 / 28 / ec should be set in a way that gives preference to the use of biomass feedstocks that do not have a high economic value for other uses than biofuels . it is also essential to make sure that eu waste policies remain consistent and that the waste hierarchy set out in article 4 of directive 2008 / 98 / ec is applied . no negative incentives that could jeopardise proper implementation of this directive should be created .


### to prepare for the transition towards advanced biofuels and minimise the overall indirect land use change impacts in the period to 2020 , it is appropriate to limit the amount of biofuels and bioliquids obtained from food crops as set out in part a of annex viii to directive 2009 / 28 / ec and part a of annex v to directive 98 / 70 / ec that can be counted towards targets set out in directive 2009 / 28 / ec . without restricting the overall use of such biofuels , the share of biofuels and bioliquids produced from cereal and other starch rich crops , sugar and oil crops that can be counted towards the targets of directive 2009 / 28 / ec should be limited to the share of such biofuels and bioliquids consumed in 2011 . ### to minimise the negative impacts on land rights and land speculation , food rights and food commodities prices , biodiversity , soil and the overall indirect land use change impacts in the period to 2020 , it is appropriate to limit the amount of biofuels and bioliquids obtained from food and other energy crops as set out in part a of annex viii to directive 2009 / 28 / ec and part a of annex v to directive 98 / 70 / ec . the share of land - based biofuels and bioliquid crops that can be counted towards the transport fuel target under directive 2009 / 28 / ec should be progressively reduced until 2020 , when this share will be equal to zero .


### the estimated indirect land - use change emissions should be included in the reporting of greenhouse gas emissions from biofuels under directives 98 / 70 / ec and 2009 / 28 / ec . biofuels made from feedstocks that do not lead to additional demand for land , such as those from waste feedstocks , should be assigned a zero emissions factor . . ### in order to make sure that union targets for greenhouse gas emission savings and biofuels are meaningful and effective , indirect land - use change emissions should be taken into account when calculating the greenhouse gas emission savings required under the sustainability criteria set out in directive 2009 / 28 / ec and directive 98 / 70 / ec . indirect land - use change emissions should also be counted towards the target set in article 7a , in order to offer incentives for the production of biofuels with a low indirect land - use change impact . biofuels made from feedstocks that do not lead to additional demand for land , such as those from waste feedstocks , should be assigned a zero emissions factor .


### ' for the calculation of biofuels in the numerator , the share of energy from biofuels produced from cereal and other starch rich crops , sugars and oil crops shall be no more than 5% , the estimated share at the end of 2011 , of the final consumption of energy in transport in 2020 . ' ### ' for the calculation of biofuels in the numerator , the energy from biofuels produced from cereal and other starch rich crops , sugar crops , oil crops and non - food energy crops shall equal zero in 2020 . '


### member states shall ensure that no raw materials are intentionally modified to be covered by categories to . ### materials that have been intentionally modified to count as waste shall not be covered by categories to . member states shall ensure that when fraud is detected , the feedstock or biofuel in question shall not be counted towards the target referred to in article 3 paragraph 4 and shall ensure that appropriate action is taken in order to prevent any further fraudulent action .


### ' the commission may decide that voluntary national or international schemes setting standards for the production of biomass products contain accurate data for the purposes of article 17 or demonstrate that consignments of biofuel or bioliquid comply with the sustainability criteria set out in article 17 to . the commission may decide that those schemes contain accurate data for the purposes of information on measures taken for the conservation of areas that provide , in critical situations , basic ecosystem services , for soil , water and air protection , the restoration of degraded land , the avoidance of excessive water consumption in areas where water is scarce and on the issues referred to in the second subparagraph of article 17 . the commission may also recognise areas for the protection of rare , threatened or endangered ecosystems or species recognised by international agreements or included in lists drawn up by intergovernmental organisations or the international union for the conservation of nature for the purposes of article 17 . ' ### ' the commission shall decide that voluntary national or international schemes setting standards for the production of biomass products contain accurate data for the purposes of article 17 or demonstrate that consignments of biofuel or bioliquid comply with the sustainability criteria set out in article 17 to , and that no materials have been intentionally modified in order to be covered by article 3 to . the commission may decide that those schemes contain accurate data for the purposes of information on measures taken for the conservation of areas that provide , in critical situations , basic ecosystem services , for soil , water and air protection , the restoration of degraded land , the avoidance of excessive water consumption in areas where water is scarce and on the issues referred to in the second subparagraph of article 17 . the commission may also recognise areas for the protection of rare , threatened or endangered ecosystems or species recognised by international agreements or included in lists drawn up by intergovernmental organisations or the international union for the conservation of nature for the purposes of article 17 . '


### feedstocks whose production has led to direct land use change , i . e . a change from one of the following ipcc land cover categories ; forest land , grassland , wetlands , settlements , or other land , to cropland or perennial cropland . in such a case a “direct land use change emission value ” should have been calculated in accordance to part c , paragraph 7 of annex iv . ### feedstocks whose production has not taken place on cropland , perennial cropland or land in any other ipcc land cover category used for food production , whether managed or unmanaged , such as agricultural and silvopastoral systems .


### feedstocks whose production has led to direct land use change , i . e . a change from one of the following ipcc land cover categories ; forest land , grassland , wetlands , settlements , or other land , to cropland or perennial cropland . in such a case a “direct land use change emission value ” should have been calculated in accordance to part c , paragraph 7 of annex v . ### feedstocks whose production has not taken place on cropland , perennial cropland or land in any other ipcc land cover category used for food production , whether managed or unmanaged , such as agricultural and silvopastoral systems .


### according to article 27 of the treaty on european union , the high representative of the union for foreign affairs and security policy is to be assisted by a european external action service . this service is to work in cooperation with the diplomatic services of the member states and is to comprise officials from relevant departments of the general secretariat of the council and of the commission as well as staff seconded from national diplomatic services of the member states . ### according to article 27 of the treaty on european union , the high representative of the union for foreign affairs and security policy is to be assisted by a european external action service . this service is to work in cooperation with the diplomatic services of the member states and is to comprise officials from relevant departments of the general secretariat of the council and of the commission as well as staff seconded from national diplomatic services of the member states . for the purposes of this regulation , the term ' staff from national diplomatic services ' should also include staff from other government departments whom a national diplomatic service intends to second or has seconded to the eeas .


### however , in respect of heads of delegation , the powers concerning appointments shall be exercised on the basis of a list of candidates on which the commission has agreed within the framework of the powers that the treaties confer on it . this shall apply mutatis mutandis to transfers in the interests of the service . ### however , in respect of heads of delegation , the powers concerning appointments shall be exercised using a thorough selection procedure , based on merit whilst ensuring adequate geographical and gender balance , on the basis of a list of candidates on which the commission has agreed within the framework of the powers that the treaties confer on it . this shall apply mutatis mutandis to transfers in the interests of the service .


### under the conditions set out in article 7 and notwithstanding articles 4 and 29 , the appointing authorities of the institutions concerned may in exceptional cases , acting by common agreement and solely in the interests of the service , after having heard the official concerned , transfer him from the council or the commission to the eeas without notifying the staff of the vacant post . an eeas official may be transferred to the council or the commission under the same conditions . ### under the conditions set out in article 7 and notwithstanding articles 4 and 29 , and for a period of one year after the entry into force of regulation no xxxx / 2010 of the european parliament and of the council amending the staff regulations of officials of the european communities and the conditions of employment of other servants of those communities , the appointing authorities of the institutions concerned may , pursuant to a duly reasoned decision and in duly justified exceptional cases , acting by common agreement and solely in the interests of the service , after having heard the official concerned , transfer him from the council or the commission to the eeas without notifying the staff of the vacant post . an eeas official may be transferred to the council or the commission under the same conditions .


### from a date fixed by the high representative of the union for foreign affairs and security policy and vice - president of the commission , but at the latest from 1 july 2013 , the appointing authority shall also consider the applications of officials from other institutions without giving priority to any of these categories . ### from a date fixed by the high representative of the union for foreign affairs and security policy and vice - president of the commission , but at the latest from 1 july 2013 , the appointing authority shall also consider the applications of officials from other institutions without giving priority to any of these categories . for the purposes of these staff regulations , the term ' staff from national diplomatic services ' shall also include staff from other government departments whom a national diplomatic service intends to second or has seconded to the eeas .


### for the purposes of article 29 and without prejudice to article 97 , the appointing authority shall , when filling a vacant post in the council or the commission , consider applications of internal candidates and officials of the eeas who were officials of the institution concerned until they became officials of the eeas without giving priority to any of these categories . ### for the purposes of article 29 and without prejudice to article 97 , the appointing authority shall , when filling a vacant post in the council or the commission , consider applications of internal candidates and officials of the eeas who were officials of the institution concerned until they became officials of the eeas without giving priority to any of these categories . in accordance with article 27 of these staff regulations and the first subparagraph of article 12 of the conditions of employment of other servants , recruitment shall be directed to securing for the institution the services of officials and temporary staff of the highest standard of ability , efficiency and integrity , recruited on the broadest possible geographical basis from among nationals of member states , while ensuring gender balance . this obligation shall apply to the eeas as a whole and to its different staff components , including temporary staff referred to in article 2 , point of the conditions of employment of other servants .


### they may be engaged for a maximum period of four years . contracts may be renewed more than once for a maximum period of four years for each renewal . a renewal shall be granted on condition that the secondment from the national diplomatic service is extended for the period of renewal . ### they may be engaged for a maximum period of four years . contracts may be renewed more than once for a maximum period of four years . in total , engagement should not exceed eight years . however , in exceptional circumstances and in the interests of the service , at the end of the eighth year , the contract may be extended for a maximum period of two years .


### the operational programme of each member state should identify and justify the forms of material deprivation to be addressed , and describe the objectives and features of the assistance to the most deprived persons that will be provided through the support of national schemes . it should also include elements necessary to ensure effective and efficient implementation of the operational programme . ### the operational programme of each member state should identify and justify the forms of material deprivation to be addressed , and describe the objectives and features of the assistance to the most deprived persons that will be provided through the support of national schemes . it should also include elements necessary to ensure effective and efficient implementation of the operational programme , particularly with regard to tackling food waste .


### exchanges of experience and best practices have a significant added value and the commission should facilitate such dissemination . ### exchanges of experience , best practices and social innovation have a significant added value and the commission should facilitate such dissemination and promotion .


### member states should designate a managing authority , a certifying authority and a functionally independent auditing authority for their operational programme . to provide flexibility for member states in the set - up of control systems , it is appropriate to provide the option for the functions of the certifying authority to be carried out by the managing authority . the member states should also be allowed to designate intermediate bodies to carry out certain tasks of the managing authority or the certifying authority . the member states should in that case lay down clearly their respective responsibilities and functions . ### member states choosing to participate in the programme should designate a managing authority , a certifying authority and a functionally independent auditing authority of a csf - fund for their operational programme . to provide flexibility for member states in the set - up of control systems , it is appropriate to provide the option for the functions of the certifying authority to be carried out by the managing authority . the member states should also be allowed to designate intermediate bodies to carry out certain tasks of the managing authority or the certifying authority . the member states should in that case lay down clearly their respective responsibilities and functions . the name ' csf - fund ' should then be changed into the new name ' esi - fund ' . )


### the fund shall promote social cohesion in the union by contributing to achieving the poverty reduction target of at least 20 million of the number of persons at risk of poverty and social exclusion in accordance with the europe 2020 strategy . the fund shall contribute to achieving the specific objective of alleviating the worst forms of poverty in the union by providing non - financial assistance to the most deprived persons . this objective shall be measured by the number of persons receiving assistance from the fund . ### the fund shall promote social and territorial cohesion in the union by contributing to achieving the poverty reduction target of at least 20 million of the number of persons at risk of poverty and social exclusion in accordance with the europe 2020 strategy . the fund shall contribute to achieving the specific objective of alleviating the worst forms of poverty in the union by providing non - financial assistance to the most deprived persons and developing local and regional food supply chains for them . this objective shall be measured by the number of persons receiving assistance from the fund .


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


### an identification of and a justification for selecting the type of material deprivation to be addressed under the operational programme and a description for each type of material deprivation addressed of the main characteristics and the objectives of the distribution of food or goods and the accompanying measures to be provided , having regard to the results of the ex ante evaluation carried out in accordance with article 14 ; ### an identification of and a justification for selecting the type of material deprivation to be addressed under the operational programme and a description for each type of material deprivation addressed of the main characteristics and the objectives of the distribution of wholesome and high - quality food or goods and the accompanying measures to be provided , having regard to the results of the ex ante evaluation carried out in accordance with article 14 ;


### the european cultural and creative sectors are inherently fragmented along national and linguistic lines . on the one hand , fragmentation results in a culturally diverse and highly independent cultural landscape , providing a voice for the different cultural traditions forming the diversity of our european heritage . on the other hand , fragmentation leads to limited and sub - optimal transnational circulation of cultural and creative works and operators within and outside the union , to geographical imbalances and - subsequently - to a limited choice for the consumer . ### the european cultural and creative landscape is not homogeneous in its functioning and its economic impact . it is inherently fragmented also along national and linguistic lines . on the one hand , this situation results in a culturally diverse and highly independent cultural field , providing a voice for the different cultural traditions and experiments and making a common cultural area for the peoples of europe a reality . on the other hand , fragmentation means a series of obstacles impeding the smooth transnational circulation of cultural and creative works , and hampering cultural players within and outside the union , which can lead to geographical imbalances in the area of access to cultural goods .


### the digital shift is having a massive impact on how cultural and creative goods and services are made , disseminated , accessed , consumed and monetised . these changes offer great opportunities for the european cultural and creative sectors . lower distribution costs , new distribution channels and new opportunities for niche products can facilitate access and increase circulation worldwide . in order to seize these opportunities and adapt to the context of the digital shift and globalisation , the cultural and creative sectors need to develop new skills and require greater access to finance to upgrade equipment , develop new production and distribution methods and adapt their business models . ### the digital shift is having a massive impact on how cultural and creative goods and services are made , disseminated , accessed , consumed and monetised . these changes offer wide opportunities for the european cultural and creative sectors . lower distribution costs , new distribution channels and new opportunities for niche products can facilitate access and increase circulation of cultural and artistic works worldwide . in order to fully use these opportunities , the cultural and creative sectors need to develop their management and digital skills and therefore require even greater access to finance , in order to upgrade equipment , develop new production and distribution methods and develop their own fair and creative business models .


### it is necessary to ensure the european added value of all actions carried out within in the framework of the programme , complementarity to member state activities and compliance with article 167 of the treaty and other union activities , in particular in the field of education , research and innovation , industrial and cohesion policy , tourism and external relations . ### it is necessary to ensure the european added value of all actions carried out within the framework programme , complementarity to member state activities and compliance with article 167 of the treaty and other union activities , in particular in the field of education , training , research and innovation , industrial and cohesion policy , social and health policies , tourism and external relations .


### supporting actions enabling operators to internationalise their careers in europe and beyond ; ### supporting actions enabling creative and cultural operators to cooperate internationally , on the basis of long - term strategies ;


### the priorities in the field of promoting transnational circulation shall be the following : ### the priorities in the field of mobility and transnational circulation shall be the following :


### relevant eu policies , in particular those in the fields of education , employment , health , research and innovation , enterprise , tourism , justice and development ; ### relevant eu policies , in particular those in the fields of education , training , youth , citizenship , employment , health , research and innovation , enterprise , external relations , tourism , justice and development ;


### eib activity in neighbourhood countries should take place in the framework of the european neighbourhood policy , under which the eu aims to develop a special relationship with neighbouring countries with a view to establishing an area of prosperity and good neighbourliness , founded on the values of the eu and characterised by close and peaceful relations based on co - operation . to achieve these objectives the eu and its partners implement jointly agreed bilateral action plans defining a set of priorities including on political and security issues , trade and economic matters , environmental concerns and integration of transport and energy networks . the union for the mediterranean , the eastern partnership , and the black sea synergy are multilateral and regional initiatives complementary to the european neighbourhood policy aimed at fostering co - operation between the eu and the respective group of neighbouring partner countries facing common challenges and / or sharing a common geographical environment . the union for the mediterranean supports improved socio - economic , solidarity , regional integration , sustainable development and knowledge building , underlining the need to increase financial co - operation to support regional and trans - national projects . the eastern partnership aims to create the necessary conditions to accelerate political association and further economic integration between the eu and eastern partner countries . the russian federation and the eu have a wide - ranging strategic partnership , distinct from the european neighbourhood policy and expressed through the common spaces and roadmaps . this is complemented at multilateral level by the northern dimension which provides a framework for co - operation between the eu , russia , norway and iceland . ### eib activity in neighbourhood countries should take place in the framework of the european neighbourhood policy , under which the eu aims to develop a special relationship with neighbouring countries with a view to establishing an area of prosperity and good neighbourliness , founded on the values of the eu and characterised by close and peaceful relations based on co - operation . to achieve these objectives the eu and its partners implement jointly agreed bilateral action plans defining a set of priorities including on political and security issues , trade and economic matters , environmental concerns and integration of transport and energy networks . the union for the mediterranean , the eastern partnership , and the black sea synergy are multilateral and regional initiatives complementary to the european neighbourhood policy aimed at fostering co - operation between the eu and the respective group of neighbouring partner countries facing common challenges and / or sharing a common geographical environment . the union for the mediterranean supports improved socio - economic , solidarity , regional integration , sustainable development and knowledge building , underlining the need to increase financial co - operation to support regional and trans - national projects . the eastern partnership aims to create the necessary conditions to accelerate political association and further economic integration between the eu and eastern partner countries , which cannot be achieved unless all eastern partnership countries adhere to the principles of democracy , the rule of law and the respect for human rights . therefore , the scope of the eib ' s engagement with these countries should depend on their progress in those areas . the russian federation and the eu have a wide - ranging strategic partnership , distinct from the european neighbourhood policy and expressed through the common spaces and roadmaps . this is complemented at multilateral level by the northern dimension which provides a framework for co - operation between the eu , russia , norway and iceland .


### the eib shall carry out thorough due diligence on development - related aspects of projects covered by the eu guarantee . the eib ' s own rules and procedures shall include the necessary provisions on assessment of environmental and social impact of projects and of aspects related to human rights , to ensure that only projects that are economically , financially , environmentally and socially sustainable are supported under this decision . ### the eib shall carry out thorough due diligence with regard to the impact on human rights , the environment and conflicts and on the development - related aspects of projects covered by the eu guarantee . the eib’s own rules and procedures shall include the necessary provisions on assessment of environmental and social impact of projects and of aspects related to human rights , to ensure that only projects that are wholly economically , financially , environmentally and socially sustainable and do not exacerbate actual or latent conflicts are supported under this decision .


### in addition to the ex - ante assessment of development - related aspects , the eib should strengthen its monitoring during project implementation , inter alia , on the development impact of the project . ### in addition to the ex - ante assessment of projects in the light of their impact on human rights , conflict dynamics , environmental and social indicators and development - related aspects , the eib should strengthen its monitoring capacity throughout the whole project cycle in relation to these issues and the performance of financial intermediaries during project implementation , inter alia , on the development impact of the project . where information is received that suggests a deterioration of the project’s impact on any of these aspects , the eib should be obliged to halt an operation until the situation is addressed .


### as no existing financial security instruments , including risk pooling arrangements , can accommodate all possible consequences of extreme accidents , the commission should proceed with further analysis and studies of the appropriate measures to ensure adequately robust liability regime for damages related to offshore oil and gas operations , requirements on financial capacity including availability of appropriated financial security instruments or other arrangements . ### member states should ensure that operators in their jurisdiction demonstrate their ability to pay for the consequences of damage caused by their operations , through the provision of financial security , and should decide what instruments are appropriate for this purpose . as no existing financial security instruments , including risk pooling arrangements , can accommodate all possible consequences of extreme accidents , the commission should proceed with further analysis and studies of the appropriate measures to ensure a robust liability regime for damages related to offshore oil and gas operations , and requirements on financial capacity including improving the availability of financial security instruments and arrangements .


### the licensee is liable for the prevention and remediation of environmental damage , pursuant to directive 2004 / 35 / ec , caused by offshore oil and gas activities carried out by the licensee or any entity participating in the offshore oil and gas operations on the basis of a contract with the licensee . the consenting procedure for operations pursuant to this regulation shall not prejudice the liability of the licensee . ### the licensee is liable for the prevention and remediation of environmental damage , pursuant to directive 2004 / 35 / ec , caused by offshore oil and gas activities carried out by the licensee or any entity participating in the offshore oil and gas operations on the basis of a contract with the licensee . the consenting procedure for operations pursuant to this regulation shall ensure that the licensees guarantee their ability to cover any liabilities arising .


### the major hazard report for a production installation shall contain the details specified in annex ii , parts 2 and 5 . ### the major hazard report for a production installation shall contain the details specified in annex ii , parts 2 and 5 , and show evidence that the views of workers’ representatives and environmental groups have been taken into account .


### the major hazard report for a non - production installation shall contain the details specified in annex ii , parts 3 and 5 . ### the major hazard report for a non - production installation shall contain the details specified in annex ii , parts 3 and 5 , and show evidence that the views of workers’ representatives and environmental groups have been taken into account .


### the operator shall periodically test the effectiveness of the internal emergency response plans . ### the operator shall make the internal emergency response plans publically available , including the results of effectiveness tests of response capacities .


### member states shall establish penalties applicable to infringements of this regulation by the industry and shall take all measures necessary to ensure that they are implemented . the penalties provided for must be effective , proportionate and dissuasive . ### member states shall establish penalties applicable to infringements of this regulation by the industry and shall take all measures necessary to ensure that they are implemented and harmonized at eu level to avoid distortion of sanctions between regions . the penalties provided for must be effective , proportionate and dissuasive .


### massive flows of dirty money can damage the stability and reputation of the financial sector and threaten the single market , and terrorism shakes the very foundations of our society . in addition to the criminal law approach , a preventive effort via the financial system can produce results . ### massive flows of illicit money can damage the stability and reputation of the financial sector and threaten the single market , as well as international development , and terrorism shakes the very foundations of our society . crucial facilitators of illicit money flows are secretive corporate structures operating in and through secrecy jurisdiction , often also referred to as tax havens . in addition to the criminal law approach , a preventive effort via the financial system can produce results . however , the preventive approach should be targeted and proportional , and should not amount to an overall controlling system of the whole population .


### money laundering and terrorist financing are frequently carried out in an international context . measures adopted solely at national or even european union level , without taking account of international coordination and cooperation , would have very limited effects . the measures adopted by the european union in this field should therefore be consistent with other action undertaken in other international fora . the european union action should continue to take particular account of the recommendations of the fatf , which constitutes the foremost international body active in the fight against money laundering and terrorist financing . with the view to reinforce the efficacy of the fight against money laundering and terrorist financing , directives 2005 / 60 / ec and 2006 / 70 / ec should be aligned with the new fatf recommendations adopted and expanded in february 2012 . ### money laundering and terrorist financing are frequently carried out in an international context . measures adopted solely at national or even european union level , without taking account of international coordination and cooperation , would have very limited effects . the measures adopted by the european union in this field should therefore be consistent with other action undertaken in other international fora . the european union action should continue to take particular account of the recommendations of the fatf , which constitutes the foremost international body active in the fight against money laundering and terrorist financing . with the view to reinforce the efficacy of the fight against money laundering and terrorist financing , directives 2005 / 60 / ec and 2006 / 70 / ec should be aligned with the new fatf recommendations adopted and expanded in february 2012 . however , such an alignment with the non - binding fatf recommendations has to be carried out in full respect with the union legal order , especially as regards union data protection law and the protection of fundamental rights as enshrined in the charter of fundamental rights of the european union .


### furthermore , the misuse of the financial system to channel criminal or even clean money to terrorist purposes poses a clear risk to the integrity , proper functioning , reputation and stability of the financial system . accordingly , the preventive measures of this directive should cover not only the manipulation of money derived from crime but also the collection of money or property for terrorist purposes . ### furthermore , the misuse of the financial system to channel criminal or even clean money to terrorist purposes poses a clear risk to the integrity , proper functioning , reputation and stability of the financial system . accordingly , the preventive measures of this directive should cover the manipulation of money derived from serious crime and the collection of money or property for terrorist purposes .


### it is important to expressly highlight that ‘ tax crimes’ related to direct and indirect taxes are included in the broad definition of ‘ criminal activity’ under this directive in line with the revised fatf recommendations . ### it is important to expressly highlight that ‘ tax crimes’ related to direct and indirect taxes are included in the definition of ‘ criminal activity’ under this directive in line with the revised fatf recommendations .