### the erdf should contribute to the europe 2020 strategy , thus ensuring greater concentration of erdf support on the priorities of the union . according to the category of regions supported , the support from the erdf should be concentrated on research and innovation , small and medium - sized enterprises and climate change mitigation . the degree of concentration should take into account the level of development of the region as well as the specific needs of regions whose gdp per capita for the 2007 - 13 period was less than 75% of the average gdp of the eu - 25 for the reference period . ### the erdf should contribute to the europe 2020 strategy for smart , sustainable and inclusive growth , thus ensuring greater concentration of erdf support on the priorities of the union . according to the category of regions supported , the support from the erdf under the investment for growth and jobs goal should be concentrated on research and innovation , information and communication technologies , small and medium - sized enterprises and promoting a low carbon economy . this concentration should be attained at national level allowing for flexibility at the level of operational programmes and in different categories of regions and should be adjusted , if appropriate , to take into account cohesion fund resources allocated to supporting the investment priorities referred to in article 3 of regulation no [ … ] / 2013 [ cf ] . the degree of concentration should take into account the level of development of the region , the contribution of cohesion fund resources if applicable , as well as the specific needs of regions whose gdp per capita for the 2007 - 13 period was less than 75% of the average gdp of the eu - 25 for the reference period , regions designated with the phasing - out status in the 2007 - 2013 period and nuts 2 level regions consisting solely of islands .


### developing comprehensive , high quality and interoperable railway system ; ### promoting optimum traffic development through the introduction of intelligent transport systems , such as developing and supporting comprehensive , high quality , interoperable and accessible railway systems , including the deployment of the ertms and rail freight noise - reduction measures at the source ; supporting environment - friendly bus services and sustainable waterborne transport ;


### local development initiatives and aid for structures providing neighbourhood services to create new jobs , where such actions are outside the scope of regulation no [ … ] / 2012 [ esf ] ; ### supporting local development initiatives and aid for structures providing neighbourhood services to create jobs , where such actions are outside the scope of regulation no [ … ] / 2012 [ esf ] ;


### investing in education , skills and lifelong learning by developing education and training infrastructure ; ### investing in affordable quality childcare , education , skills , training and lifelong learning by developing infrastructure for education , training and culture ;


### promoting investment to address specific risks , ensuring disaster resilience and developing disaster management systems ; ### promoting investment to address specific risks , ensuring eco - system based disaster resilience and developing eco - system based disaster management systems ;


### the erdf shall support , within operational programmes , sustainable urban development through strategies setting out integrated actions to tackle the economic , environmental , climate and social challenges affecting urban areas . ### the erdf shall support , within operational programmes , sustainable and inclusive urban development through strategies setting out integrated actions to tackle the economic , environmental , climate , cultural , social , employment and demographic challenges affecting urban and peri - urban areas .


### promoting employment and supporting labour mobility : ### promoting quality employment and in particular the development of green jobs and supporting voluntary labour mobility :


### supporting the shift towards a low - carbon economy in all sectors : ### supporting the shift towards a climate compatible , energy - saving economy in all sectors including urban development by :


### the power to adopt delegated acts referred to in articles 3 and 4 shall be conferred on the commission for an indeterminate period of time from [ publications office : please insert the exact date of the entry into force of the amending regulation ] . ### the power to adopt delegated acts referred to in articles 3 and 4 shall be conferred on the commission for a period of five years from [ publications office : please insert the exact date of the entry into force of the amending regulation ] . the commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration unless the european parliament or the council opposes such extension no later than three months before the end of each period .


### statistics based on the data specified in annexes a , c , e , f , g and l shall be disseminated by the commission . ### statistics based on the data specified in annexes a , c , e , f , g , ga , h and l shall be disseminated by the commission no later than 12 months after the end of the period to which the results relate . the arrangements for the dissemination of results shall be adopted by the commission in accordance with the examination procedure referred to in article 11 .


### this directive shall apply to electrical and electronic equipment falling under the categories set out in annex i as specified in annex ii . ### this directive shall apply to electrical and electronic equipment , including cables , consumables and accessories , falling under the categories set out in annex i .


### exemptions from the substitution requirement should be permitted if substitution is not possible from the scientific and technical point of view , taking specific account of the situation of smes or if the negative environmental , health or socio - economic impacts caused by substitution are likely to outweigh the health , environmental or socio - economic benefits of the substitution or the availability and reliability of substitutes is not ensured . substitution of the hazardous substances in electrical and electronic equipment should also be carried out in a way so as to be compatible with the health and safety of users of electrical and electronic equipment . the placing on the market of medical devices requires a conformity assessment procedure , according to directives 93 / 42 / ec and 98 / 79 / ec , which could require the involvement of a notified body designated by competent authorities of member states . if such a notified body certifies that the safety of the potential substitute for the intended use in medical devices or in vitro medical devices is not demonstrated , this will be viewed as a clear negative socio - economic , health and consumer safety impact . it should be possible to apply for exemptions of equipment coming under the scope of this directive from the date of its entry into force , even when that is before the actual inclusion in the scope of that equipment . ### exemptions from the substitution requirement should be permitted if substitution is not possible from the scientific and technical point of view , taking specific account of the situation of smes or if the negative environmental and health impacts caused by substitution are likely to outweigh the health and environmental benefits of the substitution . substitution of the hazardous substances in electrical and electronic equipment should also be carried out in a way so as to be compatible with the health and safety of users of electrical and electronic equipment . socio - economic considerations should be taken into account when deciding on the duration of an exemption . it should be possible to grant a grace period after expiry of an exemption to allow for regulatory certification or for the supply of safer substitutes to be scaled up to the necessary requirements . the placing on the market of medical devices requires a conformity assessment procedure , according to directives 93 / 42 / ec and 98 / 79 / ec , which could require the involvement of a notified body designated by competent authorities of member states . if such a notified body certifies that the safety of the potential substitute for the intended use in medical devices or in vitro medical devices is not demonstrated , this will be viewed as a clear negative socio - economic , health and consumer safety impact . it should be possible to apply for exemptions of equipment coming under the scope of this directive from the date of its entry into force , even when that is before the actual inclusion in the scope of that equipment .


### when deemed appropriate with regard to the risks presented by an eee , importers shall , to protect the health and safety of consumers , carry out sample testing of marketed eee , investigate , and , if necessary , keep a register of complaints , of non - conforming eee and eee recalls , and shall keep distributors informed of such monitoring . ### when deemed appropriate with regard to the risks to human health , the environment or environmentally sound recovery and disposal presented by an eee , importers carry out sample testing of marketed eee , investigate , and , if necessary , keep a register of complaints , of non - conforming eee and eee recalls , and shall keep distributors informed of such monitoring .


### as soon as scientific evidence is available and taking into account the precautionary principle , the prohibition of other hazardous substances and their substitution by more environmentally friendly alternatives which ensure at least the same level of protection of consumers should be examined , paying attention to coherency with other community legislation , and in particular to regulation no 1907 / 2006 of the european parliament and of the council of 18 december 2006 concerning the registration , evaluation , authorisation and restriction of chemicals . specific account should be taken of the potential impact on smes . ### as soon as scientific evidence is available , and in any case on a regular basis , taking into account the precautionary principle , the prohibition of other hazardous substances and their substitution by more environmentally friendly alternative substances or technologies which ensure at least the same level of protection of consumers should be examined . to this end , the commission should study the negative impacts of other hazardous substances and the feasibility of their substitution , in particular at the end of life of electrical and electronic equipment , with a view to making legislative proposals to strengthen the provisions of this directive on a regular basis . when doing so , the commission should pay attention to coherency with other community legislation and maximising synergies with the work carried out under regulation no 1907 / 2006 of the european parliament and of the council of 18 december 2006 concerning the registration , evaluation , authorisation and restriction of chemicals 1 specific account should be taken of the potential impact on smes .


### “homogeneous material” means a material of uniform composition throughout that can not be mechanically disjointed into different materials , meaning that the materials can not , in principle , be separated by mechanical actions such as unscrewing , cutting , crushing , grinding and abrasive processes ; ### “homogeneous material” means either : - a material that consists of only one material throughout ; - a combination of multiple materials that can not be mechanically disjointed into different materials , excluding surface coatings ; or - a surface coating .


### in particular the commission should be empowered to adapt annexes ii , iii , iv , v and vi to technical and scientific progress and to adopt other necessary implementing measures . since those measures are of general scope and are designed to amend non - essential elements of directive 2002 / 95 / ec , they must be adopted in accordance with the regulatory procedure with scrutiny provided for in article 5a of decision 1999 / 468 / ec . ### in order to allow the provisions of this directive to be adapted to technical and scientific progress and to adopt other necessary measures , the commission should be empowered to adopt delegated acts in accordance with article 290 of the treaty in respect of the adaptation of annexes v , vi , via and vib , the applicability of annex v for industrial monitoring and control instruments , detailed rules for compliance with maximum concentration values and the application of the labelling of nanomaterials in electrical and electronic equipment , and adaptions to reach .


### member states shall ensure that , eee including spare parts for its repair or its reuse placed on the market does not contain the substances listed in annex iv . ### member states shall ensure that , eee including spare parts for its repair or its reuse , cables , consumables and accessories , and parts for updating of functionalities or upgrading of capacity placed on the market does not contain the substances listed in annex iv , part a .


### ' manufacturer” means any natural or legal person who manufactures an eee or who has an eee designed or manufactured under his name or trademark ; ### ' manufacturer ' means any natural or legal person who manufactures eee or who has eee designed or manufactured , and markets it under his name or trademark ;


### member states shall ensure that , eee including spare parts for its repair or its reuse placed on the market does not contain the substances listed in annex iv . ### member states shall ensure that , eee including spare parts for its repair or its reuse , updating of functionalities or upgrading of capacity placed on the market does not contain the substances listed in annex iv , part a .


### paragraph 1 shall not apply to the applications listed in annexes v and vi . ### paragraph 1 shall not apply to the applications listed in annexes v , vi and via .


### joint programming initiatives , a key instrument for addressing fragmentation in research , should provide the nucleus of the pan - european kic research base . in turn , kics can speed up and foster the exploitation of excellent public research pooled together by the jpis , thereby addressing fragmentation in innovation . the joint technology initiatives and the newly established public and private partnerships provide platforms for promotion of large - scale industry - driven research and enhance the development of major technologies . kics can help catalysing these major research investments to boost technology transfer and commercialisation and to develop new ventures within existing business via entrepreneurial talent . through its knowledge triangle approach , the eit will complement investment of the european research council on world - class frontier research by addressing the whole innovation chain from ideas to application and exploitation and provide additional opportunities in innovation and exposure to entrepreneurship to ' marie curie ' researchers and ' erasmus for all ' students . ### joint programming initiatives , a key instrument for addressing fragmentation in research , should provide the nucleus of the pan - european kic research base . in turn , kics can speed up and foster the exploitation of excellent public research pooled together by the jpis , thereby addressing fragmentation in innovation . the joint technology initiatives and the newly established public and private partnerships provide platforms for promotion of large - scale industry - driven research and enhance the development of major technologies . the establishment of ‘ patent pools’ in certain areas and open research will encourage the opening - up of research and act as a catalyst for efforts by both the public and private sectors . kics can help in catalysing these major research investments to boost technology transfer and commercialisation and to develop new ventures within existing business via entrepreneurial talent . through its knowledge triangle approach , the eit will complement investment of the european research council on world - class frontier research by addressing the whole innovation chain from ideas to application and exploitation and provide additional opportunities in innovation and exposure to entrepreneurship for ' marie curie ' researchers and ' erasmus for all ' students .


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


### taking into account the provisional and preventive character of the measures adopted by the customs authorities in this field and the conflicting interests of the parties affected by the measures , some aspects of the procedures should be adapted to ensure a smooth application of the regulation , whilst respecting the rights of the concerned parties . thus , with respect to the various notifications envisaged by this regulation , the customs authorities should notify the most appropriate person , on the basis of the documents concerning the customs treatment or of the situation in which the goods are placed . the periods laid down in this regulation for the required notifications should be counted from the time those are sent by the customs authorities in order to align all periods of notifications sent to the concerned parties . the period allowing for a right to be heard before an adverse decision is taken should be three working days , given that the holders of decisions granting applications for action have voluntarily requested the customs authorities to take action and that the declarants or holders of the goods must be aware of the particular situation of their goods when placed under customs supervision . in the case of the specific procedure for small consignments , where consumers are likely to be directly concerned and cannot be expected to have the same level of diligence as other economic operators usually involved in the accomplishment of customs formalities , that period should be significantly extended . ### taking into account the provisional and preventive character of the measures adopted by the customs authorities in this field and the conflicting interests of the parties affected by the measures , some aspects of the procedures should be adapted to ensure a smooth application of the regulation , whilst respecting the rights of the concerned parties . thus , with respect to the various notifications envisaged by this regulation , the customs authorities should notify the most appropriate person , on the basis of the documents concerning the customs treatment or of the situation in which the goods are placed . the periods laid down in this regulation for the required notifications should be counted from the time those are sent by the customs authorities in order to align all periods of notifications sent to the concerned parties . in the case of the specific procedure for small consignments , where consumers are likely to be directly concerned and cannot be expected to have the same level of diligence as other economic operators usually involved in the accomplishment of customs formalities , the right to be heard before an adverse decision is taken by the customs authorities should be established .


### the aim of the egf shall be to contribute to economic growth and employment in the union by enabling the union to show solidarity towards workers made redundant as a result of major structural changes in world trade patterns due to globalisation , trade agreements affecting agriculture , or an unexpected crisis , and to provide financial support for their rapid reintegration into employment , or for changing or adjusting their agricultural activities . ### the aim of the egf shall be to contribute to economic growth and development , employment and social inclusion in the union by enabling the union to show solidarity towards workers made redundant , or people considered to have been made redundant for the purposes of this regulation , as a result of major structural changes in world trade patterns due to globalisation or an unexpected crisis , and to provide financial support for their rapid reintegration into stable , sustainable and quality employment , or for changing or adjusting their activities .


### ‘ a worker’ means owner - managers of micro , small and medium - sized enterprises and self - employed workers and all members of the household active in the business , provided that , if farmers , they were already producing the output affected by the relevant trade agreement before the measures concerning the specific sector were implemented . ### ‘ a worker’ means owner - managers of micro , small and medium - sized enterprises and self - employed workers and all members of the household active in the business .


### by 1 august of every second year , and for the first time in 2015 , the commission shall present to the european parliament and to the council a quantitative and qualitative report on the activities under this regulation and regulation 1927 / 2006 in the previous two years . the report shall focus mainly on the results achieved by the egf and shall in particular contain information relating to applications submitted , decisions adopted , actions funded , including their complementarity with actions funded by other union funds , notably the european social fund and the european agricultural fund for rural development , and the winding - up of financial contributions made . it should also document those applications that have been rejected or reduced owing to a lack of sufficient appropriations or to non - eligibility . ### by 1 august of every second year , and for the first time in 2015 , the commission shall present to the european parliament and to the council a quantitative and qualitative report on the activities under this regulation and regulation 1927 / 2006 in the previous two years . the report shall focus mainly on the results achieved by the egf and shall in particular contain information relating to applications submitted , decisions adopted , actions funded , including their complementarity with actions funded by other union funds , notably the european social fund and the winding - up of financial contributions made . it should also document those applications that have been rejected or reduced owing to a lack of sufficient appropriations or to non - eligibility .


### ‘ a worker’ means owner - managers of micro , small and medium - sized enterprises and self - employed workers and all members of the household active in the business , provided that , if farmers , they were already producing the output affected by the relevant trade agreement before the measures concerning the specific sector were implemented . ### ‘ a worker’ means owner - managers of small - sized enterprises of a size of up to five employees and self - employed workers and workers who would like to establish a new undertaking or take over an existing one in order to generate a new source of income and all members of the household active in the business .


### no later than 15 months after the date of the application pursuant to article 8 or by the date laid down in the delegated act taken in accordance with article 4 the member state shall present an interim report to the commission on the implementation of the financial contribution , including on the funding , timing and type of actions already carried out and on the rate of reintegration into employment or new activities achieved 12 months after the date of the application . ### no later than 18 months after the date of the application pursuant to article 8 the member state shall present an interim report to the commission on the implementation of the financial contribution , including on the funding , timing and type of actions already carried out and on the rate of reintegration into employment or new activities achieved 15 months after the date of the application .


### a reasoned analysis of the link between the redundancies and the major structural changes in world trade patterns , or the serious disruption of the local , regional or national economy caused by an unexpected crisis , or the new market situation in the agricultural sector in the member state and resulting from the effects of a trade agreement initialled by the european union in accordance with article xxiv of the gatt or a multilateral agreement initialled within the world trade organisation as per article 2 . this analysis shall be based on statistical and other information at the most appropriate level to demonstrate the fulfilment of the intervention criteria set out in article 4 ; ### a reasoned analysis of the link between the redundancies and the major structural changes in world trade patterns , or the serious disruption of the local , regional or national economy caused by an unexpected crisis . this analysis shall be based on statistical and other information at the most appropriate level to demonstrate the fulfilment of the intervention criteria set out in article 4 ;


### in order to cover the needs arising during the final months of each year , it is necessary to ensure that at least one quarter of the annual maximum amount of the egf remains available on 1 september . financial contributions made during the remainder of the year should be allocated taking into account the overall ceiling laid down for support to farmers in the multiannual financial framework . ### in order to cover the needs arising during the final months of each year , it is necessary to ensure that at least one quarter of the annual maximum amount of the egf remains available on 1 september .


### expenditure shall be eligible for a financial contribution from the dates set out in article 8 on which the member state starts the personalised services to the targeted workers or the administrative expenditure to implement the egf in accordance with article 7 and respectively . in the case of farmers , expenditure shall be eligible for a contribution from the date set in the delegated act taken in accordance with article 4 . ### expenditure shall be eligible for a financial contribution from the dates set out in article 8 on which the member state starts the personalised services to the targeted workers or the administrative expenditure to implement the egf in accordance with article 7 and respectively .


### the member state shall submit a complete application to the commission within a period of 12 weeks from the date on which the criteria set in article 4 or are met or , where applicable , before the deadline set by the commission in accordance with article 4 . in exceptional and duly justified circumstances the application may be supplemented with additional information by the applicant member state within six months from the date of application , following which the commission shall assess the application on the basis of the available information . the commission shall complete its assessment of the application within twelve weeks of the date of receipt of a complete application or six months after the date of the initial application , whichever is the earlier . ### the member state shall submit a complete application to the commission within a period of 12 weeks from the date on which the criteria set in article 4 or are met . in exceptional and duly justified circumstances the application may be supplemented with additional information by the applicant member state within five months from the date of application , following which the commission shall assess the application on the basis of the available information . the commission shall complete its assessment of the application within twelve weeks of the date of receipt of a complete application or five months after the date of the initial application , whichever is the earlier .


### workers made redundant as a result of major structural changes in world trade patterns due to globalisation , demonstrated , in particular , by a substantial increase in imports into the union , a rapid decline of the union market share in a given sector or a delocalisation of activities to non - member countries , where these redundancies have a significant adverse impact on the local , regional or national economy ; ### workers made redundant as a result of economic transitions due to e . g . globalisation , technological change and innovation , single market integration , where these redundancies have a significant adverse impact on the local , regional or national economy ;


### a financial contribution may be made for active labour market measures that form part of a coordinated package of personalised services , designed to facilitate the re - integration of the targeted redundant workers into employment or self - employment or , in the case of farmers , to change or adjust their previous activities . the coordinated package of personalised services may include in particular : ### a financial contribution may be made for active labour market measures that form part of a coordinated package of personalised services , designed to facilitate the re - integration of the targeted redundant workers into employment or self - employment . the coordinated package of personalised services may include in particular :


### special time - limited measures , such as job - search allowances , employers ' recruitment incentives , mobility allowances , subsistence or training allowances , all of which limited to the duration of the documented active job search or life - long learning or training activities ; ### special time - limited measures , such as job - search allowances , employers ' recruitment incentives , mobility allowances , training allowances , all of which limited to the duration of the documented active job search or life - long learning or training activities ;


### for owner - managers of micro , small and medium - sized enterprises and self - employed workers , the redundancy shall be counted either from the date of cessation of the activities caused by any of the conditions set out in article 2 , and determined in accordance with national law or administrative provisions , or from the date specified by the commission in the delegated act adopted in accordance with the article 4 . ### for owner - managers of micro , small and medium - sized enterprises and self - employed workers , the redundancy shall be counted either from the date of cessation or change of the activities caused by any of the conditions set out in article 2 , and determined in accordance with national law or administrative provisions .


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


### the resources allocated to communication actions under this regulation shall also contribute to covering the corporate communication of the political priorities of the union provided that these are related to the general objectives of this regulation . ### the resources allocated to communication actions under this regulation shall also contribute to covering the corporate communication of the political priorities of the union including the eu 2020 strategy and its headline targets as these are related to the general objectives of this regulation .


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


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


### in order to maintain the european nature of the egf , an application for support should be triggered when the number of redundancies reaches a minimum threshold . in small labour markets , such as small member states or remote regions , and in exceptional circumstances , applications may be submitted for a lower number of redundancies . as regards farmers , the necessary criteria should be determined by the commission in relation to the consequences of each trade agreement . ### in order to maintain the european nature of the egf , an application for support should be triggered when the number of redundancies reaches a minimum threshold . in small labour markets , such as small member states or remote regions , and in exceptional circumstances , applications may be submitted for a lower number of redundancies .


### ‘ a worker’ means owner - managers of micro , small and medium - sized enterprises and self - employed workers and all members of the household active in the business , provided that , if farmers , they were already producing the output affected by the relevant trade agreement before the measures concerning the specific sector were implemented . ### ‘ a worker’ means owner - managers of micro , small and medium - sized enterprises and self - employed workers and all members of the household active in the business .


### measures to stimulate in particular disadvantaged or older workers to remain in or return to the labour market . ### measures to stimulate in particular disadvantaged or older workers to remain in or return to the labour market , including measures to improve the working conditions or adapt the work place of the concerned workers .


### the member state shall submit a complete application to the commission within a period of 12 weeks from the date on which the criteria set in article 4 or are met or , where applicable , before the deadline set by the commission in accordance with article 4 . in exceptional and duly justified circumstances the application may be supplemented with additional information by the applicant member state within six months from the date of application , following which the commission shall assess the application on the basis of the available information . the commission shall complete its assessment of the application within twelve weeks of the date of receipt of a complete application or six months after the date of the initial application , whichever is the earlier . ### the member state shall submit a complete application to the commission within a period of 6 weeks from the date on which the criteria set in article 4 or are met . in exceptional and duly justified circumstances the application may be supplemented with additional information by the applicant member state within six months from the date of application , following which the commission shall assess the application on the basis of the available information . the commission shall complete its assessment of the application within twelve weeks of the date of receipt of a complete application or six months after the date of the initial application , whichever is the earlier .


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


### the scope of regulation no 1927 / 2006 was broadened in 2009 by regulation no 546 / 2009 of the european parliament and of the council as part of the european economic recovery plan to include workers made redundant as a result of the global financial and economic crisis . in order to enable the egf to intervene in future crisis situations , its scope should cover redundancies resulting from a serious economic disruption when caused by an unexpected crisis comparable to the financial and economic crisis that hit the economy from 2008 onwards . ### the scope of regulation no 1927 / 2006 was broadened in 2009 by regulation no 546 / 2009 of the european parliament and of the council as part of the european economic recovery plan to include workers made redundant as a result of the global financial and economic crisis . in order to enable the egf to intervene in future crisis situations , its scope should cover redundancies resulting from a serious economic disruption


### when drawing up the coordinated package of active labour market policy measures , member states should favour measures that will significantly contribute to the employability of the redundant workers . member states should strive towards the reintegration into employment or new activities of at least 50 % of the targeted workers within 12 months of the date of application . ### when drawing up the coordinated package of active labour market policy measures , member states should favour measures that will significantly contribute to the employability of the redundant workers . member states should strive towards the reintegration into quality and sustainable employment or new activities of all targeted workers within 12 months of the date of application in line with the union ' s employment strategy . the design of the coordinated package of personalised services shall take into account the underlying reasons for the redundancies and anticipate to future labour market perspectives and required skills . the coordinated package shall be fully compatible with the shift towards a climate - friendly , climate - resilient , resource - efficient and environmentally sustainable economy .


### actions benefiting from financial contributions by the fund pursuant to article 2 and shall aim to ensure that a minimum of 50 % of workers participating in these actions find stable employment within a year from the date of application . ### actions benefiting from financial contributions by the fund pursuant to article 2 and shall aim to ensure that all workers participating in these actions find stable , quality and sustainable employment within a year from the date of application .


### the communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions on ‘ a budget for europe 2020’ recognises the role of the egf as a flexible fund to support workers who lose their jobs and help them to find another job as rapidly as possible . the union should continue to provide , for the duration of the multiannual financial framework from 1 january 2014 to 31 december 2020 , specific , one - off support to facilitate the re - integration into employment of redundant workers in areas , sectors , territories or labour markets suffering the shock of serious economic disruption . given its purpose , which is to provide support in situations of urgency and unexpected circumstances , the egf should remain outside the multiannual financial framework . ### the communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions on ‘ a budget for europe 2020’ recognises the role of the egf as a flexible fund to support workers who lose their jobs and help them to find another job as rapidly as possible . the union should continue to provide , for the duration of the multiannual financial framework from 1 january 2014 to 31 december 2020 , specific , one - off support to facilitate the re - integration into employment of redundant workers in areas , sectors , territories or labour markets suffering the shock of serious economic disruption .


### the cost of investments in physical assets for self - employment and business start - up or for changing or adjusting activity may not exceed eur 35 000 . ### the cost of investments in physical assets for self - employment and business start - up or for changing or adjusting activity may not exceed eur 25 000 .


### location data shall be recorded to allow the identification of the starting and ending place of the daily work period . ### in order to facilitate the control of compliance with the relevant legislation , location data shall be recorded automatically to allow the identification of the starting and ending place of the daily working period .


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


### location data shall be recorded to allow the identification of the starting and ending place of the daily work period . ### location data shall be recorded automatically to allow the identification of the starting and ending place of the daily work period and of each part of the journey undertaken by a vehicle between loading and unloading points .


### the competent control authority , on the basis of the data exchanged , may decide to carry out a check on the vehicle and the recording equipment . ### the competent control authority , on the basis of the data exchanged , may decide to carry out a check on the vehicle and the recording equipment . this roadside filtering must also be complemented by random enforcement checks , regardless of the reading on the roadside unit , to combat possible manipulation of the signal by certain transport undertakings . this may be aided by the establishment of a european wide database , or national databases , which would track the compliance record of transport undertakings , on the basis of physical checks carried out by enforcement officers .


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


### member states shall receive a fixed amount of eur 4000 for each resettled person falling into one of the categories defined by the common eu annual priorities established in accordance with article 13 with respect to geographic regions and nationalities as well as to specific categories of refugees to be resettled . ### member states shall receive a fixed amount of eur 4 000 for each resettled person falling into one of the categories defined by the common eu annual priorities established in accordance with article 13 with respect to geographic regions and nationalities . the following categories shall be considered as common eu annual priorities : - children and women at risk , particularly from psychological , physical or sexual violence or exploitation , - persons having serious medical needs that can be addressed only through resettlement , and - persons deemed to be vulnerable or in need of urgent and emergency resettlement for legal and protection reasons , such as persons who are the victims of an armed attack , a natural catastrophe or other unforeseen humanitarian circumstances .


### for the purposes of this regulation , a ‘ regional natural disaster’ shall mean any natural disaster resulting , in a region of a member state or a country involved in accession negotiations with the union at nuts 2 level , in direct damage in excess of 1 , 5 % of the region ' s gross domestic product . where the disaster concerns several regions at nuts 2 level , the threshold shall be applied to the weighted average gdp of those regions . ### for the purposes of this regulation , a ‘ regional natural disaster’ shall mean any natural disaster resulting , in a region of a member state or a country involved in accession negotiations with the union at nuts 2 level , in direct damage in excess of 1 % of the region ' s gross domestic product . where the disaster concerns several regions at nuts 2 level , the threshold shall be applied to the weighted average gdp of those regions . however , under exceptional circumstances , even when the quantitative criteria laid down in the first subparagraph are not met , a region may also benefit from assistance from the fund where that region has been affected by an extraordinary disaster , particularly a natural disaster , affecting the major part of its population , with serious and lasting repercussions on living conditions and the economic stability of the region . total annual assistance under this subparagraph shall be limited to no more than 7 , 5 % of the annual amount available to the fund . particular focus will be on remote or isolated regions , such as the islands and outermost regions as defined in article 349 of the treaty . the commission shall examine with the utmost rigour any requests which are submitted to it under this subparagraph .


### as an alternative to paragraph 1 , member states may opt to take other measures to achieve energy savings among final customers . the annual amount of energy savings achieved through this approach shall be equivalent to the amount of energy savings required in paragraph 1 . ### member states may allow obligated parties to fulfil annually up to 50% of their obligation by paying into energy saving financing facilities set up to facilitate and leverage financing for energy efficiency investments . this shall be done by contributing to the financing facility an amount equal to the investment costs estimated to achieve the corresponding share of their obligation .


### member states shall set a national energy efficiency target expressed as an absolute level of primary energy consumption in 2020 . when setting these targets , they shall take into account the union ' s target of 20 % energy savings , the measures provided for in this directive , the measures adopted to reach the national energy saving targets adopted pursuant to article 4 of directive 2006 / 32 / ec and other measures to promote energy efficiency within member states and at union level . ### each member state shall ensure that its national absolute level of primary energy consumption in 2020 is at least below its target as set out in annex - 1 . such mandatory national targets are consistent with the union ' s target of at least 20 % energy savings referred to in article 1 which limit eu primary energy consumption to maximum 1353 , 50 mtoe in 2020 , representing 80% of the energy consumption in 2007 .


### by 30 june 2014 , the commission shall assess whether the union is likely to achieve its target of 20 % primary energy savings by 2020 , requiring a reduction of eu primary energy consumption of 368 mtoe in 2020 , taking into account the sum of the national targets referred to in paragraph 1 and the evaluation referred to in article 19 . ### member states shall introduce measures to ensure that their primary energy consumption equals or is below an annual linear trajectory to the 2020 target in annex - 1 .


### each member state shall set up an energy efficiency obligation scheme . this scheme shall ensure that either all energy distributors or all retail energy sales companies operating on the member state ' s territory achieve annual energy savings equal to 1 . 5% of their energy sales , by volume , in the previous year in that member state excluding energy used in transport . this amount of energy savings shall be achieved by the obligated parties among final customers . ### each member state shall set up an energy efficiency obligation scheme . this scheme shall ensure that either all energy distributors or all retail energy sales companies operating on the member state ' s territory achieve annual energy savings equal to 1 . 5% of their energy sales , by volume , in the previous year in that member state . this amount of energy savings shall be achieved by the obligated parties among final customers . the member states shall apply the scheme to all sectors .


### member states opting for this option shall notify to the commission , by 1 january 2013 at the latest , the alternative measures that they plan to adopt , including the rules on penalties referred to in article 9 , and demonstrating how they would achieve the required amount of savings . the commission may refuse such measures or make suggestions for modifications in the 3 months following notification . in such cases , the alternative approach shall not be applied by the member state concerned until the commission expressly accepts the resubmitted or modified draft measures . ### member states shall notify to the commission , by 1 january 2013 at the latest , the share of their obligation they plan to fulfil by allowing obligated parties to contribute to the financing facility , including the rules on penalties referred to in article 9 , and demonstrating how they would achieve the proposed amount of savings using the contributed share of the funds . the commission may refuse such measures or make suggestions for modifications in the 3 months following notification . in such cases , the programmes and measures shall not be applied by the member state concerned until the commission expressly accepts the resubmitted or modified draft measures . .


### this directive establishes a common framework for the promotion of energy efficiency within the union in order to ensure the achievement of the union ' s target of 20% primary energy savings by 2020 and to pave the way for further energy efficiency improvements beyond that date . ### this directive establishes a common framework for the promotion of energy efficiency within the union in order to ensure the achievement of at least the union ' s target of 20% primary energy savings by 2020 compared to 2007 and to pave the way for further energy efficiency improvements beyond that date .


### each member state shall set up an energy efficiency obligation scheme . this scheme shall ensure that either all energy distributors or all retail energy sales companies operating on the member state ' s territory achieve annual energy savings equal to 1 . 5% of their energy sales , by volume , in the previous year in that member state excluding energy used in transport . this amount of energy savings shall be achieved by the obligated parties among final customers . ### each member state shall set up an energy efficiency obligation scheme . this scheme shall ensure that either energy distributors and / or retail energy sales companies operating on the member state ' s territory achieve cumulative annual end - use energy savings equal to at least 2 % of their annual energy sales , by volume , averaged over the most recent three - year period for that member state . this amount of energy savings shall be achieved by the obligated parties among final customers .


### member states opting for this option shall notify to the commission , by 1 january 2013 at the latest , the alternative measures that they plan to adopt , including the rules on penalties referred to in article 9 , and demonstrating how they would achieve the required amount of savings . the commission may refuse such measures or make suggestions for modifications in the 3 months following notification . in such cases , the alternative approach shall not be applied by the member state concerned until the commission expressly accepts the resubmitted or modified draft measures . ### member states shall notify to the commission , by 1 january 2013 at the latest , the share of their obligation they plan to fulfil by allowing obligated parties to contribute to the financing facility , including the rules on penalties referred to in article 9 , and demonstrating how they would achieve the proposed amount of savings using the contributed share of the funds . the commission may refuse such measures or make suggestions for modifications in the 3 months following notification . in such cases , the programmes and measures shall not be applied by the member state concerned until the commission expressly accepts the resubmitted or modified draft measures .


### investments in the environment , including areas related to sustainable development and energy which present environmental benefits ; ### investments in the environment , including areas related to sustainable development , sustainable tourism&#160 ; and renewable energy which present environmental benefits ;


### promoting low - carbon strategies for urban areas ; ### promoting low - carbon strategies for urban areas , especially through the promotion of sustainable local , urban and regional transport and mobility such as public transport and non - motorised mobility ;


### in order to address the specific needs of the cohesion fund , and in line with the europe 2020 strategy that cohesion policy should support the need to deliver smart , sustainable and inclusive growth11 , it is necessary to set out investment priorities within the scope of the thematic objectives laid down in regulation no [ … ] / 2012 [ cpr ] . ### in order to address the specific needs of the cohesion fund , and in line with the europe 2020 strategy that cohesion policy should support the need to deliver smart , sustainable and inclusive growth11 while minimising external costs , it is necessary to set out investment priorities within the scope of the thematic objectives laid down in regulation no [ … ] / 2012 [ cpr ] .


### the obligation laid down in paragraphs 1 and 2 shall not entail a duty on the part of the member state of establishment to carry out factual checks and controls in the territory of the host member state where the service is provided . such checks and controls shall , if need be , be carried out by the authorities of the host member state at the request of the competent authorities of the member state of establishment , in accordance with article 10 and in conformity with the powers of supervision provided for in the host member state ' s national law , practice and administrative procedures and which respect union law . ### checks and controls shall be carried out , where needed , by the authorities of the host member state in accordance with article 10 and in conformity with the powers of supervision provided for in the host member state ' s national law , practice and administrative procedures .


### member states obligations to make information on terms and conditions of employment generally available and to provide effective access to it , not only to service providers from other member states , but also to the posted workers concerned , should be further concretised . ### member states obligations to make information on terms and conditions of employment generally available and to provide effective access free of charge to it , not only to service providers from other member states , but also to the posted workers concerned , should be further concretised .


### for the purpose of implementing , applying and enforcing directive 96 / 71 / ec the competent authorities shall take into account factual elements characterising the activities carried out by an undertaking in the state in which it is established in order to determine whether it genuinely performs substantial activities , other than purely internal management and / or administrative activities . such elements may include : ### for the purpose of implementing , applying and enforcing directive 96 / 71 / ec an undertaking posting workers shall supply to the competent authorities upon request proof that it genuinely performs substantial activities , other than purely internal management activities , in the territory of the member state of establishment . the competent authorities shall take into account all factual elements characterising these activities . such elements may include but are not limited to :


### all the factual elements enumerated above are indicative factors in the overall assessment to be made and may not therefore be considered in isolation . the criteria shall be adapted to each specific case and take account of the specificities of the situation . ### all the factual elements enumerated above are indicative factors in the overall assessment to be made and may not therefore be considered in isolation . the criteria shall be adapted to each specific case and take account of the specificities of the situation . art 3 of the directive 96 / 71 / ec need to be taken into account when evaluating whether a posting is temporary or not .


### the cooperation of the member states shall in particular consist in replying to reasoned requests for information and to carry out checks , inspections and investigations from competent authorities with respect to the situations of posting referred to in article 1 of directive 96 / 71 / ec , including investigation of any abuses of applicable rules on the posting of workers or possible cases of unlawful transnational activities . ### the cooperation of the member states shall in particular consist in replying without delay to reasoned requests for information and to carry out checks , inspections and investigations from competent authorities with respect to the situations of posting referred to in article 1 of directive 96 / 71 / ec , including investigation of any abuses of applicable rules on the posting of workers .


### this directive establishes a general common framework of appropriate provisions , measures and control mechanisms necessary for better and more uniform implementation , application and enforcement in practice of directive 96 / 71 / ec , including measures to prevent and sanction any abuse and circumvention of the applicable rules . ### this directive establishes a set of specific provisions , measures and control mechanisms in order to provide assistance to the member states in the implementation , application and enforcement of directive 96 / 71 / ec , including measures to prevent and sanction any abuse and circumvention of the applicable rules .


### the commission shall assess the necessity for financial support in order to further improve administrative cooperation and increase mutual trust through projects , including promoting exchanges of relevant officials and training , as well as developing , facilitating and promoting best practice initiatives , including those of social partners at union level , such as the development and updating of databases or joint websites containing general or sector - specific information concerning terms and conditions of employment to be respected . ### the commission shall ensure adequate financial support in order to further improve administrative cooperation and increase mutual trust through projects , including promoting exchanges of relevant officials and training , as well as developing , facilitating and promoting best practice initiatives , including those of social partners at union level , such as the development and updating of databases or joint websites containing general or sector - specific information concerning terms and conditions of employment to be respected .


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


### member states may only impose the following administrative requirements and control measures : ### in order to improve the enforcement of directive 96 / 71 / ec , member states , fully respecting the principle of non - discrimination , may control all elements necessary to verify compliance with articles 3 and 5 of directive 96 / 71 / ec and art . 3 of this directive .


### the place where the undertaking has its registered office and administration , uses office space , pays taxes , has a professional licence or is registered with the chambers of commerce or professional bodies , ### the country of establishment is the place where it performs its substantial quantifiable business activity and has its registered office and administration and pays taxes and social contributions and has a professional licence or is registered with the chambers of commerce or professional bodies ,


### this directive establishes a general common framework of appropriate provisions , measures and control mechanisms necessary for better and more uniform implementation , application and enforcement in practice of directive 96 / 71 / ec , including measures to prevent and sanction any abuse and circumvention of the applicable rules . ### this directive establishes a set of specific provisions , measures and control mechanisms so as to aid member states in the implementation , application and enforcement of directive 96 / 71 / ec , including measures to prevent and sanction any abuse and circumvention of the applicable rules and without prejudice to the scope of directive 96 / 71 / ec .


### in order to bring about further improvements with respect to access to information , member states shall : ### in order to bring about further improvements with respect to access to information , member states shall in accordance with the principles established in article 4 of directive 96 / 71 / ec :


### member states shall ensure that trade unions and other third parties , such as associations , organisations and other legal entities which have , in accordance with the criteria laid down by their national law , a legitimate interest in ensuring that the provisions of this directive are complied with , may engage , on behalf or in support of the posted workers or their employer , with their approval in any judicial or administrative proceedings provided for with the objective of implementing this directive and / or enforcing the obligations under this directive . ### member states shall ensure that trade unions and other third parties , such as associations , organisations and other legal entities which have , in accordance with the criteria laid down by their national law , a legitimate interest in ensuring that the provisions of this directive and directive 96 / 71 / ec are complied with , may engage , on behalf or in support of the posted workers or their employer , with their approval in any judicial or administrative proceedings provided for with the objective of implementing this directive and / or enforcing the obligations under this directive .


### in the circumstances referred to in article 3 and and article 9 , the member state of establishment of the service provider shall assist the member state to which the posting takes place to ensure compliance with the conditions applicable under directive 96 / 71 / ec and this directive . the member state of establishment of the service provider shall , on its own initiative , communicate to the member state to which the posting takes place any relevant information as specified in articles 3 and and 9 , where the member state of establishment of the service provider is aware of specific facts which indicate possible irregularities . ### the member state of establishment of the service provider shall immediately , on its own initiative , or on demand of the host member state communicate to the latter any relevant information as specified in this directive or needed for compliance with article 3 of directive 96 / 71 / ec . competent authorities may request information for any overriding reason of public interest .


### in member states where , in accordance with national law and practice , the setting of the terms and conditions of employment of posted workers referred to in article 3 of directive 96 / 71 / ec , and in particular the minimum rates of pay , including working time , is left to management and labour they may , at the appropriate level and subject to the conditions laid down by the member states , also the monitor the application of the relevant terms and conditions of employment of posted workers , provided that an adequate level of protection equivalent to that resulting from directive 96 / 71 / ec and this directive is guaranteed . ### in member states where , in accordance with national law and practice , the setting of the terms and conditions of employment of posted workers referred to in article 3 of directive 96 / 71 / ec , and in particular the minimum rates of pay , including working time , is left to management and labour they may , at the appropriate level and subject to the conditions laid down by the member states , monitor the application of the relevant terms and conditions of employment of posted workers .


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


### any outstanding remuneration which , under the applicable terms and conditions of employment covered by article 3 of directive 96 / 71 / ec , would have been due ; ### any outstanding remuneration and related benefits , social security payments etc . including interest ;


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


### member states may continue to apply bilateral arrangements concerning administrative cooperation between their competent authorities as regards the application and monitoring of the terms and conditions of employment applicable to posted workers referred to in article 3 of directive 96 / 71 / ec , in so far as these arrangements do not adversely affect the rights and obligations of the workers and companies concerned . ### in accordance with the principles established in articles 4 and 5 of directive 96 / 71 / ec member states are at freedom to apply bilateral arrangements concerning administrative cooperation and mutual assistance between their competent authorities as regards enforcement of directive 96 / 71 / ec and this directive


### in order to assess whether a posted worker temporarily carries out his or her work in a member state other than the one in which he or she normally works , all factual elements characterising such work and the situation of the worker shall be examined . ### in order to better implement articles 3 and 5 of directive 96 / 71 / ec and to assess whether a posted worker temporarily carries out his or her work in a member state other than the one in which he or she normally works , all factual elements characterising such work and the situation of the worker shall be examined by the competent authorities .


### member states where labour inspectorates have no competence with respect to the control and monitoring of the working conditions and / or terms and conditions of employment of posted workers may , by way of exception , after consulting the social partners at national level , establish or maintain arrangements guaranteeing the respect of these terms and conditions of employment , provided that the arrangements offer the persons concerned an adequate degree of protection equivalent to that resulting from directive 96 / 71 / ec and this directive . ### in compliance with art . 5 of 96 / 71 / ec and in full respect of different labour market models , member states are entitled to use a wide range of arrangements in line with their national law and practice to ensure compliance with 96 / 71 / ec so as to guarantee the persons concerned an adequate degree of protection as defined by directive 96 / 71 / ec and this directive .


### ‘ requesting authority’ means the competent authority of a member state which makes a request for assistance , information , notification or recovery concerning a penalty or fine as referred to in chapter v ; ### ' requesting authority ' means the competent authority of a member state which makes a request for assistance , information , notification or recovery concerning a penalty or fine as referred to in chapter vi ;


### the obligation laid down in paragraphs 1 and 2 shall not entail a duty on the part of the member state of establishment to carry out factual checks and controls in the territory of the host member state where the service is provided . such checks and controls shall , if need be , be carried out by the authorities of the host member state at the request of the competent authorities of the member state of establishment , in accordance with article 10 and in conformity with the powers of supervision provided for in the host member state ' s national law , practice and administrative procedures and which respect union law . ### checks and controls shall be carried out , where needed , by the authorities of the host member state in accordance with article 10 and in conformity with the powers of supervision provided for in the host member state ' s national law , practice and administrative procedures .


### in the event of difficulty in meeting a request for information or in carrying out checks , inspections or investigations , the member state in question shall rapidly inform the requesting member state with a view to finding a solution . ### in the event of difficulty in meeting a request for information or in carrying out checks , inspections or investigations , the member state in question shall rapidly inform the requesting member state with a view to finding a solution . any permanent refusal to provide the requested data constitutes an infringement to the eu law , as defined in tfeu articles 258 and following .


### member states shall ensure that the necessary mechanisms are in place to ensure that posted workers are able to receive ### member states shall ensure that the necessary mechanisms are in place to ensure that posted workers or bodies acting on their behalf are able to claim and receive any entitlements due to him / her including but not limited to :


### ' competent authority ' means an authority designated by a member state to perform functions under this directive ; ### ' competent authority ' means any body or authority designated by a member state to perform functions under this directive or under directive 96 / 71 / ec .


### this directive establishes a general common framework of appropriate provisions , measures and control mechanisms necessary for better and more uniform implementation , application and enforcement in practice of directive 96 / 71 / ec , including measures to prevent and sanction any abuse and circumvention of the applicable rules . ### this directive establishes a set of specific provisions , measures and control mechanisms in order to provide assistance to the member states in the implementation , application and enforcement of directive 96 / 71 / ec , including measures to prevent and sanction any abuse and circumvention of the applicable rules .


### the requested authority shall promptly inform the requesting authority of the action taken on its request for notification or recovery and , more specifically , of the date on which the instrument or decision was forwarded or notified to the addressee . ### the requested authority shall promptly inform the requesting authority of the action taken on its request for information , notification or recovery and , more specifically , of the date on which the instrument or decision was forwarded or notified to the addressee . the same shall apply if there are substantial obstacles to the request being successfully processed .


### for the purpose of recovery of a penalty or fine or notification of a decision imposing a penalty or fine in the requested member state , any fine or penalty in respect of which a request for recovery or notification has been made shall be treated as if it were a fine or penalty of the requested member state . ### for the purpose of recovery of a penalty or fine or retroactive social security contributions or notification of a decision imposing a penalty or fine in the requested member state , any fine or penalty in respect of which a request for recovery or notification has been made shall be treated as if it were a fine or penalty of the requested member state .


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


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


### member states shall take the appropriate measures to ensure that the information on the terms and conditions of employment referred to in article 3 of directive 96 / 71 / ec which are to be applied and complied with by service providers are made generally available in a clear , comprehensive and easily accessible way at a distance and by electronic means , in formats and by web standards that ensure access to persons with disabilities and to ensure that the liaison offices or the other competent national bodies referred to in article 4 of directive 96 / 71 / ec are in a position to carry out their tasks effectively . ### member states shall take the appropriate measures to ensure that the information on the terms and conditions of employment referred to in article 3 of directive 96 / 71 / ec which are to be applied and complied with by service providers are made generally available free of charge in a clear , transparent comprehensive and easily accessible way at a distance and by electronic means , in formats and by web standards that ensure access to persons with disabilities and to ensure that the liaison offices or the other competent national bodies referred to in article 4 of directive 96 / 71 / ec are in a position to carry out their tasks effectively .


### in order to prevent , avoid and combat circumvention and / or abuse of the applicable rules by companies taking improper or fraudulent advantage of the freedom to provide services enshrined in the treaty and / or the application of directive 96 / 71 / ec the implementation and monitoring of the notion of posting should be improved . ### in order to prevent , avoid and combat circumvention and / or abuse of the applicable rules by companies taking improper or fraudulent advantage of the freedom to provide services enshrined in the treaty and / or the application of directive 96 / 71 / ec the implementation and monitoring of the notion of posting must be enforceable and should be improved , taking into consideration the principles of proportionality and non - discrimination . this core set of clearly defined terms and conditions of work and employment set out directive 96 / 71 / ec may not be adversely affected by this directive . any circumvention of these rules must entail sanctions , in particular as regards the terms and conditions of employment .


### in order to prevent , avoid and combat circumvention and / or abuse of the applicable rules by companies taking improper or fraudulent advantage of the freedom to provide services enshrined in the treaty and / or the application of directive 96 / 71 / ec the implementation and monitoring of the notion of posting should be improved . ### in order to prevent , avoid and combat circumvention and / or abuse of the applicable rules by companies taking improper or fraudulent advantage of the freedom to provide services enshrined in the treaty and / or the application of directive 96 / 71 / ec the implementation and monitoring of the notion of posting must be enforceable and should be improved and any circumvention of the rules must be sanctioned , especially regarding all terms and conditions of employment .


### for the purpose of implementing , applying and enforcing directive 96 / 71 / ec the competent authorities shall take into account factual elements characterising the activities carried out by an undertaking in the state in which it is established in order to determine whether it genuinely performs substantial activities , other than purely internal management and / or administrative activities . such elements may include : ### for the purpose of implementing , applying and enforcing directive 96 / 71 / ec an undertaking posting workers shall supply to the competent authorities upon request proof that it genuinely performs substantial activities , other than purely internal management activities , in the territory of the member state of establishment . the competent authorities shall take into account all factual elements characterising these activities . such elements may include but are not limited to :


### in the circumstances referred to in article 3 and and article 9 , the member state of establishment of the service provider shall assist the member state to which the posting takes place to ensure compliance with the conditions applicable under directive 96 / 71 / ec and this directive . the member state of establishment of the service provider shall , on its own initiative , communicate to the member state to which the posting takes place any relevant information as specified in articles 3 and and 9 , where the member state of establishment of the service provider is aware of specific facts which indicate possible irregularities . ### the member state of establishment of the service provider shall immediately , on its own initiative , or on demand of the host member state communicate to the latter any relevant information as specified in this directive or needed for compliance with article 3 of directive 96 / 71 / ec . competent authorities may request information for any overriding reason of public interest .


### as is the case with directive 96 / 71 / ec , this directive should not prejudice the application of the law which , under article 8 of the rome i regulation , applies to individual employment contracts , or the application of regulation no 883 / 2004 of the european parliament and of the council of 29 april 2004 on the coordination of social security systems and regulation no 987 / 2009of the european parliament and of the council of 16 september 2009 laying down the procedure for implementing regulation no 883 / 2004 on the coordination of social security systems . ### as is the case with directive 96 / 71 / ec , this directive should not prejudice the application of the law which , under article 8 of the rome i regulation , applies to individual employment contracts , or the application of regulation no 883 / 2004 of the european parliament and of the council of 29 april 2004 on the coordination of social security systems and regulation no 987 / 2009of the european parliament and of the council of 16 september 2009 laying down the procedure for implementing regulation no 883 / 2004 on the coordination of social security systems or article 45 and 46 tfeu . the provisions in this directive are without prejudice to member states providing for and enforcing more favourable conditions for posted workers .


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


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


### contact details of the competent authorities shall be communicated to the commission and the other member states . the commission shall publish and regularly update the list of the competent authorities and liaison offices . ### contact details of the competent authorities shall be communicated to the commission and the other member states and be available to the public . the commission shall publish and regularly update the list of the competent authorities and liaison offices .


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


### in order to assess whether a posted worker temporarily carries out his or her work in a member state other than the one in which he or she normally works , all factual elements characterising such work and the situation of the worker shall be examined . such elements may include : ### in order to better implement articles 3 and 5 of directive 96 / 71 / ec and to assess whether a posted worker temporarily carries out his or her work in a host member state , all factual elements characterising such work and the situation of the worker shall be examined . account shall be taken in particular of the following elements ,


### inspections ### controls and inspections


### member states may continue to apply bilateral arrangements concerning administrative cooperation between their competent authorities as regards the application and monitoring of the terms and conditions of employment applicable to posted workers referred to in article 3 of directive 96 / 71 / ec , in so far as these arrangements do not adversely affect the rights and obligations of the workers and companies concerned . ### in accordance with the principles established in articles 4 and 5 of directive 96 / 71 / ec member states are at freedom to apply bilateral arrangements concerning administrative cooperation and mutual assistance between their competent authorities as regards enforcement of directive 96 / 71 / ec and this directive


### member states may continue to apply bilateral arrangements concerning administrative cooperation between their competent authorities as regards the application and monitoring of the terms and conditions of employment applicable to posted workers referred to in article 3 of directive 96 / 71 / ec , in so far as these arrangements do not adversely affect the rights and obligations of the workers and companies concerned . ### where appropriate and in accordance with the principles established in directive 96 / 71 / ec , member states are free to apply bilateral arrangements concerning administrative cooperation and mutual assistance between their competent authorities as regards the enforcement of directive 96 / 71 / ec and this directive , in so far as these arrangements do not adversely affect the rights and obligations of the workers and companies concerned . not later than . . .  the european commission will evaluate the interaction between the imi and the bilateral agreements . __________ oj : please insert the date : 5 years after the entry into force of this directive .


### member states where labour inspectorates have no competence with respect to the control and monitoring of the working conditions and / or terms and conditions of employment of posted workers may , by way of exception , after consulting the social partners at national level , establish or maintain arrangements guaranteeing the respect of these terms and conditions of employment , provided that the arrangements offer the persons concerned an adequate degree of protection equivalent to that resulting from directive 96 / 71 / ec and this directive . ### in accordance with article 5 of directive 96 / 71 / ec member states are entitled to use arrangements in line with their national law and practice to ensure compliance with directive 96 / 71 / ec in order to guarantee the persons concerned an adequate degree of protection as defined by directive 96 / 71 / ec and this directive .


### integrating cross - border labour markets , including cross - border mobility , joint local employment initiatives and joint training ; ### integrating cross - border labour markets , including sustainable cross - border mobility where possible via rail or maritime connections with and between new member states as well as with neighbouring countries , sustainable tourism , cross - border transport links in line with the trans - european transport networks , the removal of physical , technical and administrative barriers , joint local employment initiatives and joint training ;


### under transnational cooperation : development and implementation of macro - regional and sea - basin strategies . ### under transnational and cross - border cooperation : development and implementation of macro - regional and sea - basin or mountain range strategies