### having the freedom to provide and to receive collective management services across national borders entails that rightholders are able to freely choose the collecting society for the management of their rights , such as public performance or broadcasting rights , or categories of rights , such as interactive communication to the public , provided the collecting society already manages such rights or categories of rights . this implies that rightholders can easily withdraw their rights or categories of rights from a collecting society and entrust or transfer all or part of them to another collecting society or another entity irrespective of the member state of residence or the nationality of either the collecting society or the rightholder . collecting societies managing different types of works and other subject matter , such as literary , musical or photographic works , should also allow this flexibility to rightholders as regards the management of different types of works and other subject matter . collecting societies should inform rightholders of this choice and allow them to exercise it as easily as possible . finally , this directive should not prejudice the possibilities of rightholders to manage their rights individually , including for non - commercial uses . ### having the freedom to provide and to receive services for collective management of copyright , related rights and other subject matter across national borders entails that rightholders are able to freely choose the collective management organisation for the management of their rights , such as public performance or broadcasting rights , or categories of rights , such as interactive communication to the public , provided the collective management organisation already manages such rights or categories of rights . this implies that rightholders can easily withdraw their rights or categories of rights from a collective management organisation and entrust or transfer all or part of them to another collective management organisation or another entity irrespective of the member state of residence or the nationality of either the collective management organisation or the rightholder . collective management organisations managing different types of works and other subject matter , such as literary , musical or photographic works , should also allow this flexibility to rightholders as regards the management of different types of works and other subject matter . collective management organisations should inform rightholders of this choice and allow them to exercise it as easily as possible . finally , this directive should not prejudice the possibilities of rightholders to manage their rights for non - commercial uses . the difference between ‘ non - commercial’ and ‘ commercial’ should be defined as follows : if content , protected by authors ' rights , is being offered directly on an internet site , which acquires revenues to a non - negligible degree through donations , for example via membership contributions , through payments by clients or via advertisement through links to other homepages , such an activity shall be considered to be commercial .


### having the freedom to provide and to receive collective management services across national borders entails that rightholders are able to freely choose the collecting society for the management of their rights , such as public performance or broadcasting rights , or categories of rights , such as interactive communication to the public , provided the collecting society already manages such rights or categories of rights . this implies that rightholders can easily withdraw their rights or categories of rights from a collecting society and entrust or transfer all or part of them to another collecting society or another entity irrespective of the member state of residence or the nationality of either the collecting society or the rightholder . collecting societies managing different types of works and other subject matter , such as literary , musical or photographic works , should also allow this flexibility to rightholders as regards the management of different types of works and other subject matter . collecting societies should inform rightholders of this choice and allow them to exercise it as easily as possible . finally , this directive should not prejudice the possibilities of rightholders to manage their rights individually , including for non - commercial uses . ### having the freedom to provide and to receive services for collective management of copyright , related rights and other subject matter across national borders entails that rightholders are able to freely choose the collective management organisation for the management of their rights , such as public performance or broadcasting rights , or categories of rights , such as interactive communication to the public , provided the collective management organisation already manages such rights or categories of rights . this implies that rightholders can easily withdraw their rights or categories of rights from a collective management organisation and entrust or transfer all or part of them to another collective management organisation or another entity irrespective of the member state of residence or the nationality of either the collective management organisation or the rightholder . collective management organisations managing different types of works and other subject matter , such as literary , musical or photographic works , should also allow this flexibility to rightholders as regards the management of different types of works and other subject matter . collective management organisations should inform rightholders of this choice and allow them to exercise it as easily as possible . finally , this directive should not prejudice the possibilities of rightholders to manage their rights individually , including for non - commercial uses .


### for reasons of sound management , a collecting society ' s senior management must be independent . managers and executive directors should be required to declare annually to the collecting society whether there are conflicts between their interests and those of the society . ### for reasons of sound management , a collective management organisation ' s management must be independent . managers and executive directors should be required to declare before taking up their duties in a collective management organisation whether there are conflicts between their interests and those of the organisation . moreover , they should also be required to make such declarations of conflict of interest every year after taking up their duties in a collective management organisation .


### moreover , member states should establish appropriate procedures by means of which it will be possible to make complaints against collecting societies who do not comply with the law and to ensure that , where appropriate , effective , proportionate and dissuasive sanctions are imposed . member states should determine which authorities should be responsible for administering the complaints procedures and sanctions . to ensure that the requirements for multi - territorial licensing are complied with , specific provisions on the monitoring of their implementation should be laid down . the competent authorities of the member states and the european commission should cooperate with each other to this end . ### moreover , member states should establish appropriate procedures by means of which it will be possible to make complaints against collective management organisations who do not comply with the law and to ensure that , where appropriate , effective , proportionate and dissuasive sanctions or measures are imposed . member states should determine which authorities should be responsible for administering the complaints procedures and sanctions . to ensure that the requirements for multi - territorial licensing are complied with , specific provisions on the monitoring of their implementation should be laid down . the competent authorities of the member states and the european commission should cooperate with each other to this end .


### this directive lays down requirements necessary to ensure the proper functioning of the management of copyright and related rights by collecting societies . it also lays down requirements for multi - territorial licensing by collecting societies of authors ' rights in musical works for online use . ### this directive lays down requirements necessary to ensure the proper functioning of the management of copyright and related rights , in particular with regard to transparency and reporting , by collective management organisations and other entities having right to manage activities on behalf of rightholders . it also lays down requirements for multi - territorial licensing by collective management organisations of authors ' rights in musical works for online use .


### ‘ member of a collecting society’ means a rightholder or an entity directly representing rightholders , including other collecting societies and associations of rightholders , fulfilling the membership requirements of the collecting society ; ### ‘ member’ means a rightholder or an entity directly representing rightholders , including other collective management organisations and associations of rightholders , fulfilling the membership requirements of the collective management organisation , regardless of its legal form ;


### ‘ director’ means any individual managing director , any member of the administrative board , the management or the supervisory board of a collecting society ; ### ‘ director’ means any individual managing person , any member of the administrative board , the management or the supervisory board of a collective management organisation ;


### member states shall ensure that collecting societies act in the best interest of their members and do not impose on rightholders whose rights they manage any obligations which are not objectively necessary for the protection of the rights and interests of these rightholders . ### member states shall ensure that collective management organisations act in the best interest of the rightholders whose rights they manage and do not impose on them any obligations which could undermine the protection of their rights and their interests .


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


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


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


### the general meeting shall approve any amendments to the statute and the membership terms of the collecting society , where those terms are not regulated by the statute . ### the statute and the membership terms of the collective management organisation as well as any amendments thereof shall be adopted by the general meeting .


### the general meeting shall control the activities of the collecting society by , at least , deciding on the appointment and removal of the auditor and approving the annual transparency report and the auditor ' s report . ### the general meeting shall control the activities of the collective management organisation by , at least , deciding on the appointment and removal of the auditor and approving the annual transparency report and the auditor ' s report . where any serious doubt is raised regarding the financial management of the collective management organisation , the general meeting shall be entitled to ask for an external audit of the collective management organisation . the result of such external audit shall be communicated to all members as well as to the public .


### any restriction on the right of the members of the collecting society to participate and to exercise voting rights at the general meeting shall be fair and proportionate and be based on the following criteria : ### every member of a collective management organisation shall have the right to vote at the general meeting , including by electronic vote . any restriction on the right of a member of the collective management organisation to participate and to exercise its voting rights at the general meeting shall be fair and proportionate and be based on the following criteria :


### member states shall ensure that the collecting society establishes a supervisory function responsible for continuously monitoring the activities and the performance of the duties of the persons entrusted with managerial responsibilities in the collecting society . there shall be fair and balanced representation of the members of the collecting society in the body exercising this function in order to ensure their effective participation . ### member states shall ensure that the collective management organisation establishes a supervisory function responsible for continuously monitoring the activities and the performance of the duties of the persons entrusted with managerial responsibilities in that organisation . there shall be fair and balanced representation of the different categories of members of the collective management organisation in the body exercising this function in order to ensure their effective participation .


### collecting societies shall be diligent in the collection and the management of rights revenue . ### collective management organisations shall be diligent , accurate and transparent in the collection and the management of rights revenue .


### member states shall ensure that agreements governing the relationship of the collecting society with its members and rightholders shall specify deductions applicable to the rights revenue referred to in point of article 16 . ### member states shall ensure that agreements governing the relationship of the collective management organisation with its members and rightholders shall specify deductions applicable to the rights revenue referred to in point of article 16 . the percentage of these deductions shall be reasonable and clearly justified in the billing forms that the collective management organisation has to provide to its members and rightholders .


### the amounts due to the rightholder per category of rights managed , and type of use , paid by the collecting society to the rightholder in the period concerned ; ### the amounts due to the rightholder per category of rights managed , per type of use , and per work paid by the collective management organisation to the rightholder in the period concerned ;


### the amounts due to rightholders per category of rights managed , and per type of use paid by the collecting society for the licensing of the rights it manages under the representation agreement ; ### the amounts due to rightholders per category of rights managed , per type of use and per work paid by the collective management organisation for the licensing of the rights it manages under the representation agreement ;


### information provided to rightholders , members , other collecting societies and users on request ### information provided to rightholders , members , other collective management organisations and users


### member states shall ensure that a collecting society makes the following information available at the request of any rightholder whose rights it represents , any collecting society on whose behalf it manages rights under a representation agreement or any user , by electronic means , without undue delay : ### member states shall ensure that a collective management organisation makes the following information available to any rightholder whose rights it represents , to any collective management organisation on whose behalf it manages rights under a representation agreement or to any user , by electronic means , without undue delay :


### member states shall ensure that a collecting society makes public the following information : ### member states shall ensure that a collective management organisation makes public the following information , preferably through publicly accessible and searchable interfaces :


### the taking into account , without undue delay , of any changes to the information described in point , ### the taking into account , without undue delay , of any changes to the information described in points and ,


### the management fee for the service provided by the requested collecting society to the requesting society shall not exceed the costs reasonably incurred by the requested collecting society in managing the repertoire of the requesting collecting society and a reasonable profit margin . ### the management fee for the service provided by the requested collective management organisation to the requesting organisation shall not exceed the costs reasonably incurred by the requested collective management organisation in managing the repertoire of the requesting collective management organisation and a reasonable profit margin economically viable for all parties involved .


### sanctions or measures ### monitoring of compliance with the national provisions : sanctions and measures


### member states shall provide that their respective competent authorities may take appropriate administrative sanctions and measures where the provisions of the national provisions adopted in the implementation of this directive have not been complied with , and shall ensure that they are applied . the sanctions and measures shall be effective , proportionate and dissuasive . ### member states shall designate competent authorities which continuously monitor collective management organisations established in their territory . member states shall provide that their respective competent authorities may take appropriate administrative sanctions and / or measures where the provisions of the national provisions adopted in the implementation of this directive have not been complied with , and shall ensure that they are applied . the sanctions and measures shall be effective , proportionate and dissuasive .


### member states shall provide that their respective competent authorities may take appropriate administrative sanctions and measures where the provisions of the national provisions adopted in the implementation of this directive have not been complied with , and shall ensure that they are applied . the sanctions and measures shall be effective , proportionate and dissuasive . ### member states shall designate or establish competent authorities which continuously monitor collective management organisations active in their territory . member states shall provide that their respective competent authorities may take appropriate administrative sanctions and / or measures where the provisions of the national provisions adopted in the implementation of this directive have not been complied with , and shall ensure that they are applied . the sanctions and measures shall be effective , proportionate and dissuasive .


### for the partnership contract and each programme respectively , a member state should organise a partnership with the representatives of competent regional , local , urban and other public authorities , economic and social partners , and bodies representing civil society , including environmental partners , non - governmental organisations , and bodies responsible for promoting equality and non - discrimination . the purpose of such a partnership is to respect the principle of multi - level governance , ensure the ownership of planned interventions by stakeholders and build on the experience and know - how of relevant actors . the commission should be empowered to adopt delegated acts providing for a code of conduct in order to ensure that partners are involved in the preparation , implementation , monitoring and evaluation of partnership contracts and programmes in a consistent manner . ### for the partnership contract and each programme respectively , a member state should organise a partnership with the representatives of competent regional , local , urban and other public authorities , economic and social partners , and bodies representing civil society , including environmental partners , non - governmental organisations , bodies responsible for promoting gender equality and non - discrimination , as well as non - governmental organisations promoting social inclusion and organisations active in the areas of culture , education and youth policy . specific attention should be paid to groups that might be affected by the programmes and may have difficulties to influence them . the cooperation with the partners should follow the best practices . each member state should ensure an adequate level of technical assistance in order to facilitate their involvement and participation in all stages of the programming process . the purpose of such a partnership is to respect the principle of multi - level governance , ensure the ownership of planned interventions by stakeholders and build on the experience and know - how of relevant actors . therefore the partners should represent the different territorial levels in accordance with the institutional structure of the member states . the partners should select and appoint their members representing them in the monitoring committee . the commission should be empowered to adopt delegated acts providing for a code of conduct in order to ensure that partners are involved in the preparation , implementation , monitoring and evaluation of partnership contracts and programmes in a consistent manner .


### in the context of its effort to increase economic , territorial and social cohesion , the union should , at all stages of implementation of the csf funds , aim at eliminating inequalities and promoting equality between men and women , as well as combating discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . ### in the context of its effort to increase economic , territorial and social cohesion , the union should , at all stages of implementation of the csf funds , aim at eliminating inequalities and promoting equality between men and women , taking into account the eu gender equality strategy1 , the pact for gender equality2 and implementation acts and further policies on eu , - national and regional level implementing article 8 of the treaty , as well as combating discrimination based on sex , racial or ethnic origin , religion or belief , age or sexual orientation , and disability , in particular taking into account the un convention on the rights of persons with disabilities which is in force since 3 may 2008 and eu policies to implement the un convention . 1 0491 final ) 2european pact for gender equality adopted by the council on 7 march 2011 .


### on the basis of the common strategic framework adopted by the commission , each member state should prepare , in cooperation with its partners and in dialogue with the commission , a partnership contract . the partnership contract should translate the elements set out in the common strategic framework into the national context and set out firm commitments to the achievement of union objectives through the programming of the csf funds . ### each member state should prepare , in cooperation with its partners , particularly those laid down in article 5 , and in dialogue with the commission , a partnership contract . the partnership contract should select the elements set out in the common strategic framework and put them into the national context , and set out firm commitments to the achievement of union objectives through the programming of the csf funds .


### it is useful to specify the types of action that may be undertaken at the initiative of the commission and of the member states as technical assistance with support from the csf funds . ### it is useful to specify the types of action that may be undertaken at the initiative of the commission and of the member states as technical assistance with support from the csf funds . member state should ensure that an adequate level of technical assistance is allocated to partners referred to in article 5 , and in order to facilitate their involvement and participation in the preparation and implementation of the partnership contracts and in the whole programming process . technical assistance managed by the commission should support thematic umbrella organizations and non - governmental organizations , socio - economic partners and networks and associations representing local , urban and regional authorities , working at eu - level on cohesion policy .


### ‘ partnership contract’ means the document prepared by the member state with the involvement of partners in line with the multi - level governance approach , which sets out the member state ' s strategy , priorities and arrangements for using the csf funds in an effective and efficient way to pursue the union strategy for smart , sustainable and inclusive growth , and which is approved by the commission following assessment and dialogue with the member state ; ### ' partnership contract ' means the document prepared by the member state with the involvement of partners in line with the multi - level governance approach as laid down in article 5 of this regulation , which sets out the member state ' s strategy , priorities and arrangements for using the csf funds in an effective and efficient way to pursue the union strategy for smart , sustainable and inclusive growth while recognizing the different needs of the regions , and guarantees the necessary flexibility for the sustainable regional development , and which is approved by the commission following assessment and dialogue with the member state ;


### the commission and the member states shall ensure that support from the csf funds is consistent with the policies and priorities of the union and complementary to other instruments of the union . ### the commission and the member states shall ensure that support from the csf funds is consistent with the relevant policies and priorities , including the horizontal targets , of the union and complementary to other instruments of the union .


### arrangements for the implementation and use of the csf funds , and in particular the financial and administrative resources required for the implementation of the csf funds , in relation to the reporting , evaluation , management and control shall take into account the principle of proportionality having regard to the level of support allocated . ### arrangements for the implementation and use of the csf funds , and in particular the financial and administrative resources required for the implementation of the csf funds , in relation to the reporting , evaluation , management and control shall take into account the principle of proportionality having regard to the level of support allocated and the size of the beneficiary .


### the commission and the member states shall ensure the effectiveness of the csf funds , in particular through monitoring , reporting and evaluation . ### the commission and the member states shall ensure the effectiveness of the csf funds , in particular through monitoring , reporting and evaluation , informing the potential beneficiaries about funding opportunities and making publicly known the role and the achievements of cohesion policy .


### bodies representing civil society , including environmental partners , non - governmental organisations , and bodies responsible for promoting equality and non - discrimination . ### bodies representing civil society , including environmental partners , non - governmental organisations and bodies responsible for promoting gender equality and non - discrimination , non - governmental organisations promoting social inclusion and organisations active in the areas of culture , education and youth policy .


### in accordance with the multi - level governance approach , the partners shall be involved by member states in the preparation of partnership contracts and progress reports and in the preparation , implementation , monitoring and evaluation of programmes . the partners shall participate in the monitoring committees for programmes . ### in accordance with the multi - level governance approach , the partners representing the different territorial levels in accordance with the institutional structure of the member states shall be involved by member states in all stages of in the preparation of partnership contracts and progress reports and in all stages of the preparation , implementation , monitoring and evaluation of programmes . the partners shall participate in the monitoring committees for programmes .


### the member states and the commission shall take appropriate steps to prevent any discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation during the preparation and implementation of programmes . ### the member states and the commission shall take appropriate steps to prevent any discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation during the preparation and implementation of programmes while paying particular attention to those who face multiple discriminations . the accessibility for disabled persons shall be one of the criteria to be observed in defining operations co - financed by the funds and shall be taken into account during the various implementation stages .


### promoting social inclusion and combating poverty ; ### promoting social inclusion as well as combating poverty and discrimination ;


### enhancing institutional capacity and an efficient public administration . ### enhancing institutional capacity and efficient and participative public administration and promoting capacity building for social partners , nongovernmental organisations , regional and local authorities and other stakeholders in particular those partners as referred to in article 5 of regulation no [ cpr . . . ] .


### enhancing institutional capacity and efficient public administration ) ### enhancing institutional capacity and efficient and participative public administration and promoting capacity building for social partners , nongovernmental organisations , regional and local authorities and other stakeholders , in particular the partners referred to in article 5 of regulation no [ cpr . . . ] )


### the partnership contract shall be drawn up by member states in cooperation with the partners referred to in article 5 . the partnership contract shall be prepared in dialogue with the commission . ### the partnership contract shall be drawn up , at all stages of its preparation , by member states in close cooperation with the partners referred to in article 5 . the partnership contract shall be prepared in dialogue with the commission .


### an analysis of disparities and development needs with reference to the thematic objectives and key actions defined in the common strategic framework and the targets set in the country - specific recommendations under article 121 of the treaty and the relevant council recommendations adopted under article 148 of the treaty ; ### an analysis of disparities and sustainable development needs with reference to the thematic objectives , to the horizontal principles set out in articles 6 , 7 and 8 of this regulation and the recommended actions defined in the common strategic framework , taking into account the targets set in the relevant country - specific recommendations under article 121 of the treaty and the relevant council recommendations adopted under article 148 of the treaty ;


### an integrated approach to address the specific needs of geographical areas most affected by poverty or of target groups at highest risk of discrimination or exclusion , with special regard to marginalised communities , where appropriate , including the indicative financial allocation for the relevant csf funds ; ### an integrated sustainable approach to address the specific needs of geographical areas most affected by poverty or of target groups at highest risk of discrimination or social exclusion , with special regard to marginalised communities , where appropriate , including the indicative financial allocation for the relevant csf funds ;


### the actions taken to involve the partners and their role in the preparation of the partnership contract and the progress report as defined in article 46 of this regulation ; ### the actions taken to implement the multilevel governance approach and to involve the partners referred to in article 5 and the role of the partners in the preparation of the partnership contract and the progress report as defined in article 46 of this regulation , and in the preparation , implementation , evaluation and monitoring of the programmes , in accordance with the european code of conduct referred to in article 5 , including a list of the partners involved , description of the way they have been selected and of their responsibilities , as well as their views on the content of the partnership contract and on the implementation of the partnership principle ;


### an assessment of whether there is a need to reinforce the administrative capacity of the authorities and , where appropriate , beneficiaries , and actions to be taken for this purpose ; ### an assessment of whether there is a need to reinforce the administrative capacity of the authorities and beneficiaries and partners referred to in article 5 , and , and actions to be taken for this purpose ;


### member states shall assess whether the applicable ex ante conditionalities are fulfilled . ### member states shall assess whether the applicable ex ante conditionalities are fulfilled . the assessment shall be based on a common methodology and involve the partners referred to in article 5 .


### each priority shall set out indicators to assess progress of programme implementation towards achievement of objectives as the basis for monitoring , evaluation and review of performance . these shall include : ### each priority shall set out measurable , qualitative and quantitative indicators to assess progress of programme implementation towards achievement of objectives as the basis for monitoring , evaluation and review of performance . these shall include :


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


### the commission shall assess the consistency of programmes with this regulation , the fund - specific rules , their effective contribution to the thematic objectives and the union priorities specific to each csf fund , the common strategic framework , the partnership contract , the country - specific recommendations under article 121 of the treaty and the council recommendations adopted under 148 of the treaty , taking account of the ex ante evaluation . the assessment shall address , in particular , the adequacy of the programme strategy , the corresponding objectives , indicators , targets and the allocation of budgetary resources . ### the commission shall assess the consistency of programmes with this regulation , the fund - specific rules , their effective contribution to the thematic objectives and the union priorities specific to each csf fund , the common strategic framework , the partnership contract , the relevant country - specific recommendations under article 121 of the treaty and the relevant council recommendations adopted under 148 of the treaty , taking account of the ex ante evaluation . the assessment shall address , in particular , the adequacy of the programme strategy , the corresponding objectives , indicators , targets and the allocation of budgetary resources .


### requests for amendment of programmes submitted by a member state shall be duly substantiated and shall in particular set out the expected impact of the changes to the programme on achieving the union strategy for smart , sustainable and inclusive growth and the specific objectives defined in the programme , taking account of the common strategic framework and the partnership contract . they shall be accompanied by the revised programme and , where appropriate , a revised partnership contract . ### requests for amendment of programmes submitted by a member state shall be duly substantiated and shall in particular set out the expected impact of the changes to the programme on achieving the union strategy for smart , sustainable and inclusive growth , on sustainable development and the specific objectives defined in the programme , taking account of the common strategic framework and the partnership contract . they shall be accompanied by the revised programme and , where appropriate , a revised partnership contract .


### the eib may , at the request of member states , participate in the preparation of the partnership contract , as well as in activities relating to the preparation of operations , in particular major projects , financial instruments and public - private partnerships . ### the eib may , at the request of member states , participate in the preparation of the partnership contract , as well as in activities relating to the preparation of operations , large - and small - scale projects which offer significant potential for innovation , financial instruments and public - private partnerships .


### designed taking into consideration local needs and potential , and include innovative features in the local context , networking and , where appropriate , cooperation . ### designed taking into consideration local needs and potential , and include innovative and socio - cultural features in the local context , networking and , where appropriate , cooperation .


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


### financial instruments may be combined with grants , interest rate subsidies and guarantee fee subsidies . in this case , separate records must be maintained for each form of financing . ### financial instruments may be combined with grants , interest rate subsidies , microcredits and guarantee fee subsidies . in this case , separate records must be maintained for each form of financing .


### the commission shall be empowered to adopt delegated acts in accordance with article 142 laying down detailed rules concerning the ex ante assessment of financial instruments , the combination of support provided to final recipients through grants , interest rate subsidies , guarantee fee subsidies and financial instruments , additional specific rules on eligibility of expenditure and rules specifying the types of activities which shall not be supported through financial instruments . ### the commission shall be empowered to adopt delegated acts in accordance with article 142 laying down detailed rules concerning the ex ante assessment of financial instruments , the combination of support provided to final recipients through grants , interest rate subsidies , guarantee fee subsidies , microcredits and financial instruments , additional specific rules on eligibility of expenditure and rules specifying the types of activities which shall not be supported through financial instruments .


### member states shall adopt the necessary measures to ensure that the capital resources and gains and other earnings or yields attributable to the support from the csf funds to financial instruments are used in accordance with the aims of the programme for a period of at least 10 years after the closure of the programme . ### member states shall adopt the necessary measures to ensure that the capital resources and gains and other earnings or yields attributable to the support from the csf funds to financial instruments are used in accordance with the aims of the programme for a period of at least 10 years after the closure of the programme . the amount left over after 10 years after the closure of the programme shall be transferred to the budget of the european union .


### the monitoring committee shall be composed of representatives of the managing authority and intermediate bodies and of representatives of the partners . each member of the monitoring committee shall have a voting right . ### the monitoring committee shall be composed of representatives of the managing authority and intermediate bodies and of representatives of the partners referred to in article 5 , with particular consideration given to the partners involved in the preparation of the concerned programmes . each member of the monitoring committee shall have a voting right . the member state shall ensure that the monitoring committee is gender balanced .


### the monitoring committee shall meet at least once a year and shall review implementation of the programme and progress towards achieving its objectives . in doing so , it shall have regard to the financial data , common and programme - specific indicators , including changes in result indicators and progress towards quantified target values , and the milestones defined in the performance framework . ### the monitoring committee shall meet at least twice a year and shall review implementation of the programme and progress towards achieving its objectives and the implementation of the horizontal principles as set out in articles 6 , 7 and 8 of this regulation . in doing so , it shall have regard to the financial data , common and programme - specific indicators , including changes in result indicators and progress towards quantified target values , and the milestones defined in the performance framework .


### the monitoring committee shall examine in detail all issues that affect the performance of the programme . ### the monitoring committee shall examine in detail all issues that affect the performance of the programme , including the performance review .


### progress towards achievement of the union strategy for smart , sustainable and inclusive growth , in particular in respect of the milestones set out for each programme in the performance framework and the support used for climate change objectives ; ### progress towards achievement of the union strategy for smart , sustainable and inclusive growth in particular in respect of measurable qualitative and quantitative milestones set out for each programme in the performance framework including for the indicators relating to the horizontal principles set out in articles 7 and 8 and the support used for climate change objectives ;


### the role of the partners referred in article 5 in the implementation of the partnership contract . ### the role of the partners referred in article 5 in the implementation of the partnership contract , including a list of the partners involved , their responsibilities and their views on the implementation of the programme and the partnership principle , as well as the way that their views have been taken into account .


### in 2018 and 2020 , the commission shall include in its annual progress report to the spring meeting of the european council a section summarising the strategic report , in particular with regard to progress made towards union strategy for smart , sustainable and inclusive growth . ### in 2018 and 2020 , the commission shall include in its annual progress report to the spring meeting of the european council a section summarising the strategic report , in particular with regard to progress made towards union strategy for smart , sustainable and inclusive growth and the targets of the flagship initiatives within the union strategy for smart , sustainable and inclusive growth .


### evaluations shall be carried out to improve the quality of the design and implementation of programmes , as well as to assess their effectiveness , efficiency and impact . impact of programmes shall be evaluated in accordance with the mission of the respective csf funds in relation to the targets for the union strategy for smart , sustainable and inclusive growth33 as well as in relation to gross domestic product and unemployment , where appropriate . ### evaluations shall be carried out to improve the quality of the design and implementation of programmes , as well as to assess their effectiveness , efficiency and impact . impact of programmes shall be evaluated in accordance with the mission of the respective csf funds in relation to the targets for the union strategy for smart , sustainable and inclusive growth33 as well as in relation to the climate targets , to the horizontal indicators , to the gross domestic product and to the unemployment and qualitative jobs , where appropriate . member states may use other social and environmental indicators , in addition to the gdp / inhabitant indicator , in order to have a more social vision of the well being situation in the evaluated region or member state .


### the contribution to the union strategy for smart , sustainable and inclusive growth , having regard to the selected thematic objectives and priorities , taking into account national and regional needs ; ### the contribution to the union strategy for smart , sustainable and inclusive growth , having regard to the selected thematic objectives , the horizontal principles as set out in articles 6 , 7 and 8 of this regulation and priorities , taking into account national and regional needs ;


### the consistency of the selected thematic objectives , the priorities and corresponding objectives of the programmes with the common strategic framework , the partnership contract and the country - specific recommendations under article 121 of the treaty and the council recommendations adopted under article 148 of the treaty ; ### the consistency of the selected thematic objectives , the priorities and corresponding objectives of the programmes and the horizontal principles set out in articles 6 , 7 and 8 of this regulation , with the common strategic framework , the partnership contract and the country - specific recommendations under article 121 of the treaty and the council recommendations adopted under article 148 of the treaty ;


### the relevance and clarity of the proposed programme indicators ; ### the relevance and clarity of the horizontal indicators and the adequacy of planned specific actions to promote equal opportunities between men and women and to prevent discrimination in accordance with the principles set out in article 7 of this regulation , including measures to remove barriers to accessibility for persons with disabilities ;


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


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


### an operation comprising investment in infrastructure or productive investment shall repay the contribution from the csf funds if within five years from the final payment to the beneficiary or within the period of time set out in the state aid rules , where applicable , it is subject to : ### an operation comprising investment in infrastructure or productive investment shall repay the contribution from the csf funds if within ten years from the final payment to the beneficiary or within the period of time set out in the state aid rules , where applicable , it is subject to :


### operations supported by the esf and operations supported by the other csf funds that are not investment in infrastructure or productive investments shall repay the contribution from the fund only where they are subject to an obligation for maintenance of investment under the applicable state aid rules and where they undergo a cessation or relocation of a productive activity within the period laid down in those rules . ### operations supported by the esf and operations supported by the other csf funds that are not investment in infrastructure or productive investments shall repay the contribution from the fund only where they are subject to an obligation for maintenance of investment under the applicable state aid rules and where they undergo a cessation or relocation of a productive activity within ten years .


### eligible population , regional prosperity , national prosperity and unemployment rate for less developed regions and transition regions ; ### eligible population , regional prosperity , national prosperity , net adjusted disposable income per inhabitant , and unemployment rate for less developed regions and transition regions ;


### content and adoption of operational programmes under the investment for growth and jobs goal ### content , adoption and amendment of operational programmes under the investment for growth and jobs goal


### an operational programme shall consist of priority axes . a priority axis shall concern one fund for a category of region and shall correspond , without prejudice to article 52 , to a thematic objective and comprise one or more investment priorities of that thematic objective , in accordance with the fund - specific rules . for the esf , a priority axis may combine investment priorities from different thematic objectives set out in article 9 , , and in order to facilitate their contribution to other priority axes , in duly justified circumstances . ### an operational programme shall consist of priority axes . a priority axis shall concern one fund and one for a category of region and shall correspond , without prejudice to article 52 , to a thematic objective and comprise one or more investment priorities of that thematic objective , in accordance with the fund - specific rules . a priority axis may combine where necessary to increase impact and effectiveness in a thematically coherent integrated approach to pursuing the objectives and targets of the union strategy for smart , sustainable and inclusive growth :


### an assessment of the administrative burden for beneficiaries and the actions planned to achieve a reduction accompanied by targets ; ### the actions planned to achieve a reduction of the administrative burden for beneficiaries accompanied by targets ;


### a description of the specific actions to promote equal opportunities and prevent any discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation during the preparation , design and implementation of the operational programme and in particular in relation to access to funding , taking account of the needs of the various target groups at risk of such discrimination and in particular the requirements of ensuring accessibility for disabled persons ; ### a description of the specific actions to promote equal opportunities and prevent any discrimination based on sex , racial or ethnic origin , religion or belief , disability , age , sexual orientation or gender identity during the preparation , design and implementation of the operational programme and in particular in relation to access to funding , taking account of the needs of the various target groups at risk of such discrimination and in particular the requirements of ensuring accessibility for disabled persons ;


### a description of its contribution to the promotion of equality between men and women and , where appropriate , the arrangements to ensure the integration of gender perspective at operational programme and operation level . ### a description of its contribution to the promotion of equality between men and women and , the arrangements to ensure the integration of gender perspective at operational programme and operation level and a description of the specific actions put in place to promote equality between men and women .


### member states shall submit an opinion of the national equality bodies on the measures set out in points and with the proposal for an operational programme under the investment for growth and jobs goal . ### member states shall submit an opinion of the national equality bodies and partners referred to in article 5 , and , on the measures set out in points , and of this paragraph , together with the proposal for an operational programme under the investment for growth and jobs goal .


### an analysis of the effects of the joint action plan on the promotion of equality between men and women and the prevention of discrimination ; ### an analysis of the effects of the joint action plan on the promotion of equality between men and women and the prevention of discrimination as set out in article 7 ;


### review progress towards achieving the milestones , outputs and results of the joint action plan ; ### review progress towards achieving the milestones , outputs and results of the joint action plan and transmit the results to the monitoring committee ;


### consider and approve any proposal to amend the joint action plan in order to take account of any issues affecting its performance . ### consider and approve any proposal to amend the joint action plan in order to take account of any issues affecting its performance and transmit the results to the monitoring committee .


### where an urban development strategy or other territorial strategy or pact as defined in article 12 of regulation&#8230 ; [ esf ] requires an integrated approach involving investments under more than one priority axis of one or more operational programmes , the action shall be carried out as an integrated territorial investment . ### where an urban development strategy or other territorial strategy or pact as defined in article 12 of regulation . . . [ esf ] requires an integrated approach as referred to in article 87 , or involving investments under one or more priority axis of one or more operational programmes , the action shall be carried out as an integrated territorial investment .


### technical assistance shall take the form of a mono - fund priority axis within an operational programme or of a specific operational programme . ### technical assistance shall take the form of a part of a priority axis or a priority axis within an operational programme or of a specific operational programme .


### the importance of the priority axis for the delivery of the union strategy for smart , sustainable and inclusive growth , having regard to the specific gaps to be addressed ; ### the importance of the priority axis for the delivery of the union strategy for smart , sustainable and inclusive growth , having regard to the specific gaps and the aims of the flagship initiatives of the union strategy for smart , sustainable and inclusive growth ;


### the member state or the managing authority may entrust the management of part of an operational programme to an intermediate body by way of an agreement in writing between the intermediate body and the member state or managing authority . the intermediate body shall provide guarantees of its solvency and competence in the domain concerned , as well as its administrative and financial management . ### the member state or the managing authority may entrust the management of part of an operational programme to an intermediate body by way of an agreement in writing between the intermediate body and the member state or managing authority , including local authorities , regional development bodies , or non - governmental organizations . with a view of facilitating access to structural funds for small non - governmental organizations , the management authority shall promote the use of small and tailor - made global grants . the intermediate body shall provide guarantees of its solvency and competence in the domain concerned , as well as its administrative and financial management .


### - employment services have set up networks with employers and education institutes . ### - employment services have set up networks with employers and education institutes , also crossing the sectors .


### - a member state has measures in place to promote active ageing and to reduce early retirement . ### - a member state has measures in place to promote active ageing .


### - cuts across - sectors , and involves and coordinates all policy sectors and stakeholders that are relevant to address esl . ### - cuts across - sectors , and involves and coordinates all policy sectors and stakeholders , including the areas of culture , arts and sport , that are relevant to address esl .


### - demonstrates that social partners and relevant stakeholders are involved in the design of active inclusion ; ### - demonstrates that social partners and relevant stakeholders are involved at all stages of the national anti - poverty strategies and active inclusion ;


### - a strategy for reinforcing a member state ' s administrative efficiency is in place and in the process of being implemented1 . the strategy includes : ### - a strategy for reinforcing a member state ' s regional and local administrative efficiency is in place and in the process of being implemented1 . the strategy includes :


### - implementation of measures in line with article 9 of the un convention to prevent , identify and eliminate obstacles and barriers to accessibility of persons with disabilities ; ### - implementation of measures in line with article 9 of the un convention to prevent , identify and eliminate obstacles and barriers to accessibility of persons with disabilities to all domains including infrastructure , services and goods ;


### - institutional arrangements for the implementation and supervision of the un convention in line with article 33 of the convention ; ### - institutional arrangements for the implementation and supervision of the un convention in line with article 33 of the convention and the involvement of disability representative organisations in the design and implementation of these arrangements ;


### proportionate to the possible risks of a product , manufacturers shall draw up a technical documentation . the technical documentation shall contain , as appropriate : ### proportionate to the possible risks of a product as assessed on the basis of article 6 , manufacturers shall draw up a technical documentation . the technical documentation shall contain , as appropriate :


### proportionate to the possible risks presented by a product , importers shall , to protect the health and safety of persons , carry out sample testing of marketed products , investigate complaints , and keep a register of complaints , of non - conforming products and of product recalls , and shall keep the manufacturer and distributors informed of such monitoring . ### proportionate to the possible risks presented by a product as assessed on the basis of article 6 , importers shall , to protect the health and safety of persons , carry out sample testing of marketed products , investigate complaints , and keep a register of complaints , of non - conforming products and of product recalls , and shall keep the manufacturer and distributors informed of such monitoring .


### improving access to financing for smes , including smes from the union investing in the regions covered by this decision , can play an essential role in stimulating economic development and in combating unemployment . in order to effectively reach out to smes , the eib should cooperate with local financial intermediary institutions in the eligible countries , in particular to ensure that part of the financial benefits is passed on to their clients and provide added value compared to other sources of finance . ### improving access to financing for smes , including smes from the union investing in the regions covered by this decision , can play an essential role in stimulating economic development and in combating unemployment . in order to effectively reach out to smes , the eib should cooperate with local financial intermediary institutions in the eligible countries , under the condition that such intermediaries are embedded in the local economy and contribute with local resources , in particular to ensure that part of the financial benefits is passed on to their clients and provide added value compared to other sources of finance . through its cooperation agreements with those intermediary institutions , the eib should make sure that their client ' s projects can be checked against criteria which reflect the union ' s development goals and the bank ' s standards . the financial intermediaries ' activities in support of smes should be fully transparent and checked regularly by the eib .


### the eib should continue to finance investment projects in the areas of social , environmental and economic infrastructure , and should consider increasing its activity in support of health and education infrastructure when there is clear added value in doing so . ### the eib should continue to finance investment projects in the areas of social , environmental and economic infrastructure , and should increase its activity in support of health and education infrastructure when there is clear added value in doing so .


### the practical measures for linking the general objectives of the eu guarantee and their implementation are to be set out in regional technical operational guidelines . such guidelines should be consistent with the wider union regional policy framework . the regional technical operational guidelines should be reviewed and further updated following the review of this decision in order to adapt to the developments in the union external policies and priorities . ### the practical measures for linking the general objectives of the eu guarantee and their implementation are to be set out in regional technical operational guidelines . such guidelines should be consistent with the external action goals of the union according to article 21 teu and the wider union regional policy framework . the regional technical operational guidelines should be reviewed following consultation with relevant stakeholder and authorities at national and local level from beneficiary countries and further updated following the review of this decision in order to adapt to the developments in the union external policies and priorities .


### while the eib ' s strength remains its distinctiveness as an investment bank , eib financing operations should contribute to the general principles guiding union external action , as referred to in article 21 of the treaty on european union , of promoting and consolidating democracy and the rule of law , human rights and fundamental freedoms , and to the implementation of international environmental agreements to which the union is a party . in particular , in relation to developing countries , eib financing operations should foster their sustainable economic , social and environmental development , particularly in the most disadvantaged amongst them , their smooth and gradual integration into the world economy , the campaign against poverty , as well as compliance with objectives approved by the union in the context of the united nations and other competent international organisations . while contributing to the implementation of the measures necessary to further the objectives of union development cooperation policy in accordance with article 209 of the treaty , the eib should strive to support indirectly the achievement of the un ' s 2015 millennium development goals in all regions where it is active . ### while the eib ' s strength remains its distinctiveness as an investment bank , eib financing operations should contribute to the general principles guiding union external action , as referred to in article 21 of the treaty on european union , of promoting and consolidating democracy and the rule of law , human rights and fundamental freedoms , and to the implementation of international environmental agreements to which the union is a party . in particular , in relation to developing countries , eib financing operations should foster their sustainable economic , social and environmental development , particularly in the most disadvantaged amongst them , their smooth and gradual integration into the world economy , the campaign against poverty , as well as compliance with objectives approved by the union in the context of the united nations and other competent international organisations . while contributing to the implementation of the measures necessary to further the objectives of union development cooperation policy in accordance with article 209 of the treaty , the eib should strive to support the achievement of the un ' s 2015 millennium development goals in all regions where it is active .


### the eib activity under this decision should support the agenda for change proposed by the commission and be coherent with the relevant principles of the european consensus on development and the principles of aid effectiveness outlined in the paris declaration of 2005 , the accra agenda for action of 2008 and the busan partnership agreement of 2011 . furthermore , it should be coherent with the eu strategic framework and action plan on human rights and democracy adopted by the council on 25 june 2012 and international environmental agreements including biodiversity commitments . it should be implemented through a number of concrete measures , in particular by reinforcing the eib ' s capacity to appraise environmental , social and development aspects of investment projects , including human rights and conflict - related risks , and by promoting local consultation with public authorities and civil society . in this context , the eib should implement and further develop its results measurement framework which provides a detailed set of performance indicators measuring the economic , environmental , social , and development impact of its financing operations throughout the lifecycle of the underlying investment . the implementation of the rem should be evaluated as part of the mid - term review of this decision . when carrying out due diligence in respect of an investment project , the eib should , where appropriate and in line with the union ' s social and environmental principles , require the investment project promoter to carry out local consultations and disclose their results to the public . eib financing agreements involving public counterparts should explicitly include the possibility to suspend disbursements in case of revocation of eligibility under this decision of the country in which the investment project takes place . ### the eib activity under this decision should support the agenda for change proposed by the commission and be coherent with the relevant principles of the european consensus on development and the principles of aid effectiveness outlined in the paris declaration of 2005 , the accra agenda for action of 2008 and the busan partnership agreement of 2011 . furthermore , it should be coherent with the eu strategic framework and action plan on human rights and democracy adopted by the council on 25 june 2012 and international environmental agreements including biodiversity commitments . it should be implemented through a number of concrete measures , particular by reinforcing the eib ' s capacity to appraise environmental , social and development aspects of investment projects , including human rights and conflict - related risks , and by promoting local consultation with public authorities and civil society . in this context , the eib should implement and further develop its results measurement framework which provides a detailed set of performance indicators measuring the economic , environmental , social , and development impact of its financing operations throughout the lifecycle of the underlying investment . the implementation of the rem should be evaluated as part of the mid - term review of this decision . when carrying out due diligence in respect of an investment project , the eib should , in line with the union ' s social and environmental principles , as well as in full respect of legislation and environmental and social standards of the beneficiary country , require the investment project promoter to carry out local consultations and disclose their results to the public . eib financing agreements involving public counterparts should explicitly include the possibility to suspend disbursements in case of revocation of eligibility under this decision of the country in which the investment project takes place .


### in its financing operations outside the union that fall within the scope of this decision , the eib should endeavour further to enhance coordination and cooperation with european financial institutions and international financial institutions , notably those participating in the eu platform for blending in external cooperation . this cooperation includes , where appropriate , cooperation on sector conditionality and mutual reliance on procedures , use of joint co - financing and participation in global initiatives , such as those promoting aid coordination and effectiveness . such coordination and cooperation should strive to minimise possible duplication of costs and unnecessary overlap . the tripartite memorandum of understanding between the commission , the eib group and the european bank for reconstruction and development in respect of cooperation outside the union , which allows the eib group and the ebrd to act in a complementary way by relying on their respective comparative advantages , was updated in 2012 to cover the extension of ebrd ' s geographical scope to the mediterranean region and should continue to be applied . the principles set out in this decision should also be applied when eib financing is implemented through cooperation agreements with other european financial institutions and international financial institutions . ### in its financing operations outside the union that fall within the scope of this decision , the eib should endeavour further to enhance coordination and cooperation with european financial institutions and international financial institutions , notably those participating in the eu platform for blending in external cooperation . this cooperation includes , where appropriate , cooperation on sector conditionality and mutual reliance on procedures , use of joint co - financing and participation in global initiatives , such as those promoting aid coordination and effectiveness . such coordination and cooperation should strive to minimise possible duplication of costs and unnecessary overlap . the tripartite memorandum of understanding between the commission , the eib group and the european bank for reconstruction and development in respect of cooperation outside the union , which allows the eib group and the ebrd to act in a complementary way by relying on their respective comparative advantages , was updated in 2012 to cover the extension of ebrd ' s geographical scope to the mediterranean region and should continue to be applied . the principles set out in this decision should also be applied when eib financing is implemented through cooperation agreements with other european financial institutions and international financial institutions . in the medium term the european public banking system should be rationalised and rendered more effective by inter alia dissolving the ebrd and integrating its value added operations and resources into the eib and world bank respectively .


### the eib should be encouraged to increase its operations and to diversify its operations outside the union without recourse to the eu guarantee so that the use of the eu guarantee can be focused on countries and investment projects with poor access to the market , taking into account debt sustainability considerations , where the eu guarantee therefore provides greater added value . consequently , and always with the aim of supporting the objectives of the union external policies , the eib should be encouraged to lend at its own risk , including in support of union economic interests , in countries and in favour of investment projects having a sufficient creditworthiness according to the assessment of the eib and taking into account its own risk absorption capacity . ### the eib should be encouraged to increase its operations and to diversify its operations outside the union without recourse to the eu guarantee so that the use of the eu guarantee can be focused on countries and investment projects with poor access to the market , taking into account debt sustainability considerations , where the eu guarantee therefore provides greater added value . consequently , and always with the aim of supporting the objectives of the union external policies , the eib should be encouraged to lend at its own risk , in support of global public goods , in countries and in favour of investment projects having a sufficient creditworthiness according to the assessment of the eib and taking into account its own risk absorption capacity .


### eib financing operations supporting the objectives provided for in paragraph 1 shall support investment projects in the areas of transport , energy , including renewable energy , energy systems transformation enabling a switch to lower carbon intensive technologies and fuels , energy security and energy infrastructure , including for gas production and transportation to eu energy market , environmental infrastructure , including water and sanitation and green infrastructure , information and communication technology , including telecommunications and broadband network infrastructure , health and education . ### eib financing operations supporting the objectives provided for in paragraph 1 shall support investment projects in the areas of transport , energy , including renewable energy , energy systems transformation enabling a switch to lower carbon intensive technologies and fuels , energy security and energy infrastructure , environmental infrastructure , including water and sanitation and green infrastructure , information and communication technology , including telecommunications and broadband network infrastructure , health and education .


### the commission shall be empowered to adopt delegated acts in accordance with article 17 concerning amendments to annex iii . the commission ' s decisions shall be based on an overall economic and political assessment , including aspects related to the democracy , human rights and fundamental freedoms as well as the relevant european parliament resolutions and council decisions and conclusions . ### the commission shall be empowered to adopt delegated acts in accordance with article 17 concerning amendments to annex iii . the commission ' s decisions shall be based on an overall economic , social , environmental and political assessment , including aspects related to the democracy , human rights and fundamental freedoms as well as the relevant european parliament resolutions and council decisions and conclusions .


### the eu guarantee shall cover only eib financing operations carried out in eligible countries that have concluded a framework agreement with the eib establishing the legal conditions under which such operations are to be carried out . ### the eu guarantee shall cover only eib financing operations carried out in eligible countries that have concluded a framework agreement with the eib establishing the legal conditions under which such operations are to be carried out . legal conditions under which operations are to be carried out shall also include environmental , social , human rights and labour standards .


### the commission and the eib shall set out in the agreement referred to in article 13 a method allowing the eib to identify , within its external activity , the operations to be financed under this decision and the operations to be financed at the own risk of the eib . the method shall be based on the creditworthiness of eib financing operations as assessed by the eib , the regions and ceilings as defined in annex i , the nature of the counterparty , eib risk absorption capacity and other relevant criteria , including added value of the eu guarantee . ### the commission and the eib shall set out in the agreement referred to in article 13 a method allowing the eib to identify , within its external activity , the operations to be financed under this decision and the operations to be financed at the own risk of the eib . the method shall be based on the creditworthiness of eib financing operations as assessed by the eib , the regions and ceilings as defined in annex i , the nature of the counterparty , eib risk absorption capacity and other relevant criteria , including added value of the eu guarantee . the allocation policy shall be publicly available on the eib website . for each operation to be financed by the eib outside of the eu , the eib website shall after the project approval stage indicate whether a eu guarantee will be used or not .


### the eib shall carry out thorough due diligence and , where appropriate and in line with union social and environmental principles , require appropriate local public consultation , on development - related aspects of investment projects covered by the eu guarantee . ### the eib shall carry out thorough due diligence and , in line with union social and environmental principles , require appropriate local public consultation , on development - related aspects of investment 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 investment projects and of aspects related to human rights and conflict prevention , to ensure that only investment projects that are economically , financially , environmentally and socially sustainable are supported under this decision . ### the eib ' s own rules and procedures shall include the necessary provisions on assessment of environmental and social impact of investment projects and of aspects related to human rights and conflict prevention , in line with relevant union legislations as well as legislation and environmental and social standards of the beneficiary countries , to ensure that only investment projects that are economically , financially , environmentally and socially sustainable are supported under this decision .


### in accordance with its own transparency policy , the eib shall make publicly available on its website information relating to : ### in accordance with eu legislation on access to documents and information , the eib shall make publicly available on its website information relating to :


### in its financing operations , the eib shall not tolerate any activities carried out for illegal purposes , including money laundering , financing of terrorism , tax fraud and tax evasion , corruption , and fraud affecting the financial interests of the eu . in particular the eib shall not participate in any financing operation implemented in an eligible country through a foreign non - cooperative jurisdiction identified as such by the oecd , the financial action task force or other relevant international organisations . ### in its financing operations , the eib shall not tolerate any activities carried out for illegal purposes , including money laundering , financing of terrorism , tax fraud and tax evasion , corruption , and fraud affecting the financial interests of the eu . the eib shall also not cooperate with companies pursuing aggressive tax planning as defined by commission recommendation c 8806 . in particular the eib shall not participate in any financing operation implemented in an eligible country through a jurisdiction that - does provide for tax measures which entail no or nominal taxes or where advantages are granted even without any real economic activity and substantial economic presence within the jurisdiction offering such tax advantages ; - does not fully comply with the standards laid down in article 26 of the oecd model tax convention on income and on capital and ensures an effective exchange of information in tax matters , including any multilateral tax agreements ; - is listed as a non - cooperative country and territory by fatf ;


### olaf may carry out investigations , including on - the - spot checks and inspections , in accordance with the provisions and procedures laid down in regulation no 1073 / 1999 , regulation no 2185 / 96 and regulation no 2988 / 95 in order to protect the financial interests of the european union , with a view to establishing whether there has been fraud , corruption or any other illegal activity affecting the financial interests of the union in connection with any financing operations . ### olaf may carry out investigations , including on - the - spot checks and inspections , in accordance with the provisions and procedures laid down in regulation no 1073 / 1999 , regulation no 2185 / 96 and regulation no 2988 / 95 in order to protect the financial interests of the european union , with a view to establishing whether there has been fraud , corruption , money laundering or any other illegal activity affecting the financial interests of the union in connection with any financing operations . in such cases , the disbursement of loans shall be immediately suspended until olaf investigation findings are available . where corruption is proven , the eib shall assist asset recovery efforts by disclosing to the relevant authorities any assets held by the eib that relate to such corruption or that derive from it .


### the commission emphasised it its communication on ‘ europe 2020 — a strategy for smart , sustainable and inclusive growth’ the importance to the european union of promoting a healthy and active ageing population in the interests of social cohesion and higher productivity . it proposed a flagship initiative ‘ an agenda for new skills and jobs’ , under which member states should notably promote active ageing policies , and a flagship initiative on a ‘ european platform against poverty’ . achieving these policy goals requires action from all levels of government and various non - governmental stakeholders ; they can in turn be supported , at the union level , by european year activities aimed at raising awareness and fostering the exchange of good practice . national coordinators should see to it that national action is coordinated and is consistent with the overall objectives of the european year . the participation of other institutions and stakeholders is also planned . ### the commission emphasised it its communication on ‘ europe 2020 — a strategy for smart , sustainable and inclusive growth’ the importance to the european union of promoting a healthy and active ageing population in the interests of social cohesion . it proposed a flagship initiative ‘ an agenda for new skills and jobs’ , under which member states should notably promote active ageing policies , and a flagship initiative on a ‘ european platform against poverty’ . achieving these policy goals requires action from all levels of government and various non - governmental stakeholders ; they can in turn be supported , at the union level , by european year activities aimed at raising awareness and fostering the exchange of good practice . national coordinators should see to it that national action is coordinated and is consistent with the overall objectives of the european year . the participation of other institutions and stakeholders is also planned .


### the overall purpose of the european year shall be to encourage and support the efforts of member states , their regional and local authorities , social partners and civil society to promote active ageing and to do more to mobilise the potential of the rapidly growing population in their late 50s and above , thereby preserving solidarity between generations . active ageing means creating better opportunities and working conditions to enable older workers to play their part in the labour market , combating social exclusion by fostering active participation in society , and encouraging healthy ageing . on this basis , the objectives shall be : ### the overall purpose of the european year shall be to encourage and support the efforts of member states , their regional and local authorities , social partners and civil society to promote , by concrete measures , better inclusion in society for the population in their late 50s and above , in view of the economic , social and cultural role they can play in preserving solidarity between generations . promoting the inclusion of older people in society should take account of their specific needs , following a residential approach . to that end , it is essential that the european year should support and exploit local and regional projects in order to promote age diversity , proper adaptation of the living environment , and access to public services and care , making the necessary adjustments to take account of the urban or rural location and demographic trends of the area . together with the creation of better opportunities and working conditions , these measures will form the basis for enabling older people to play their part in the labour market and volunteering activities , combating social exclusion by fostering active participation in society , and encouraging healthy ageing . on this basis , the objectives shall be :


### to raise general awareness of the value of active ageing in order to highlight the useful contribution older persons make to society and the economy , to promote active ageing and to do more to mobilise the potential of older persons ; ### to raise general awareness of the value of active ageing in order to highlight the useful contribution older persons make to society and the economy by passing on their knowledge and skills , to promote active ageing , to do more to combat isolation , deprivation and social exclusion and encourage the inclusion of solidarity between generations on the political agenda of stakeholders at national , regional and local level ;


### to offer a framework for commitment and concrete action to enable member states and stakeholders at all levels to develop policies through specific activities and to commit to specific objectives related to active ageing . ### to offer a framework for commitment and concrete action to enable member states , stakeholders and civil society at all levels to develop policies through specific activities and to commit to specific and achievable objectives related to active ageing .


### this directive does not address long - term effects . ### regarding long - term effects , the obligations specified by the council directive 89 / 391 / eec of 12 june 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work shall apply .


### determination of exposure and assessment of risks ### assessment of risks and determination of exposure


### any effects concerning the health and safety of workers at particular risk such as workers who have declared to the employer that they wear an active implanted medical device and women who have declared that they are pregnant ; ### any effects concerning the health and safety of workers at particular risk , in particular workers who wear an active or passive implanted medical device , workers who wear body worn medical devices , workers with poor immune systems and women who are pregnant ;


### on the basis of the risk assessment referred to in article 4 , once the action values referred to in article 3 and annexes ii and iii are exceeded , the employer , unless the assessment carried out in accordance with article 4 demonstrates that the exposure limit values are not exceeded and that safety risks can be excluded , shall devise and implement an action plan comprising technical and / or organisational measures to prevent exposure exceeding the exposure limit values , taking into account in particular : ### on the basis of the risk assessment referred to in article 4 , once any action values referred to in article 3 and annex ii are exceeded , the employer shall devise and implement an action plan comprising technical and / or organisational measures to prevent exposure exceeding the exposure limit values , taking into account in particular :


### with the objective of prevention and early diagnosis of any adverse health effects due to exposure to electromagnetic fields , appropriate health surveillance shall be carried out in accordance with article 14 of directive 89 / 391 / eec . ### with the objective of prevention and early diagnosis of any adverse health effects due to exposure to electromagnetic fields , appropriate health surveillance shall be carried out in accordance with article 14 of directive 89 / 391 / eec . those provisions , including the requirements specified for health records and their availability , shall be introduced with national law and / or practice .


### take into account the technical progress , changes in the most relevant harmonised european standards or specifications , and new scientific findings concerning electromagnetic fields ; ### take into account the technical progress , changes in the most relevant standards or specifications , and new scientific findings concerning electromagnetic fields ;


### in accordance with directive 85 / 337 / eec , as amended , which applies to exploration and exploitation of oil and gas activities , projects likely to have significant effects on the environment by virtue , inter alia , of their nature , size or location are made subject to an assessment with regard to their effects and a requirement for development consent . in line with directive 85 / 337 / eec when an activity is subject to development consent an effective public participation should be provided in accordance with the united nations economic commission for europe convention on access to information , public participation in decision - making and access to justice in environmental matters ### in accordance with directive 85 / 337 / eec , as amended , which applies to exploration and exploitation of oil and gas activities , projects likely to have significant effects on the environment by virtue , inter alia , of their nature , size or location are made subject to an assessment with regard to their effects and a requirement for development consent . in line with the århus convention and directive 85 / 337 / eec when an activity is subject to development consent an effective public participation should be provided in accordance with the united nations economic commission for europe convention on access to information , public participation in decision - making and access to justice in environmental matters . members of the public concerned should have access to justice in order to contribute to the protection of the right to live in an environment which is adequate for personal health and well - being .


### the serious environmental concerns relating to the arctic waters , a neighbouring marine environment of particular importance for the community , require special attention to ensure the environmental protection of the arctic in relation to any offshore activities , including exploration . ### the serious environmental concerns and vulnerability relating to the unique arctic waters , a neighbouring marine environment of particular importance for the community which plays an important role in mitigating climate change , require special attention to ensure the environmental protection of the arctic . as long as an effective response to any accident in the arctic conditions cannot be guaranteed , member states should refrain from authorising offshore activities , including exploration , in the area .


### in particular , when assessing the technical and financial capacity of the entities that apply for authorisation for offshore oil and gas activities , due account shall be taken of the risk , hazards and any other relevant information related to the area concerned and the particular stage of exploration and production operations and also of the applicants ‘ financial capacities , including any financial security and capacity to cover liabilities potentially deriving from offshore oil and gas activities in question , in particular liability for environmental damages . ### in particular , when assessing the technical and financial capacity of the entities that apply for authorisation for offshore oil and gas activities , due account shall be taken of the risk , hazards and any other relevant information related to the area concerned and the particular stage of exploration and production operations and also of the applicants ‘ financial capacities , including any financial security and capacity to cover all liabilities potentially deriving from offshore oil and gas activities in question , in particular liability for environmental damages . worldwide corporate responsibility regarding accidents or incidents in which the applicant was involved , including the transparency and effectiveness of any response measures shall also be taken into account .


### member states shall ensure that the public shall be given early and effective opportunities to participate in procedures concerning licensing procedures in their jurisdiction in accordance with the requirements of annex i to this regulation . the procedures shall be those laid down in annex ii of directive 2003 / 35 / ec . ### member states shall ensure that the public shall be given early and effective opportunities to participate in procedures concerning licensing and authorisation procedures for offshore oil and gas activities in their jurisdiction in accordance with the requirements of annex i to this regulation . the procedures shall be those laid down in annex ii of directive 2003 / 35 / ec .


### the information pursuant annex vi shall be made publicly available without a need for request pursuant to applicable provisions of union legislation on access to environmental information . ### the information under article 22 to 25 and annex vi shall be made publicly available by the competent authority without a need for request in accordance with directive 2003 / 4 / ec of the european parliament and of the council of 28 january 2003 on public access to environmental information .