### these activities should be to the benefit of communities while also fostering the individual’s personal , educational , social , civic and professional development , which may take the form of volunteering , traineeships and jobs , projects or networking activities , developed in relation to different areas , such as education and training , employment , gender equality , entrepreneurship – in particular social entrepreneurship – , citizenship and democratic participation , environment and nature protection , climate action , disaster prevention , preparedness and recovery , agriculture and rural development , provision of food and non - food items , health and wellbeing , creativity and culture , physical education and sport , social assistance and welfare , reception and integration of third - country nationals , territorial cooperation and cohesion , and cooperation across borders . such solidarity activities should include a solid learning and training dimension through relevant activities that can be offered to participants before , during and after the solidarity activity . ### these activities should be to the benefit of communities while also fostering the individual’s personal , educational , social , civic and professional development , which may take the form of volunteering , traineeships and jobs , projects or networking activities , it and new technologies , developed in relation to different areas , such as education and training , employment , gender equality , entrepreneurship – in particular social entrepreneurship – , citizenship and democratic participation , environment and nature protection , climate action , disaster prevention , preparedness and recovery , agriculture and rural development , provision of food and non - food items , health and wellbeing , creativity and culture , physical education and sport , social assistance and welfare , reception and integration of third - country nationals , territorial cooperation and cohesion , and cooperation across borders . such solidarity activities should include a solid learning and training dimension through relevant activities that can be offered to participants before , during and after the solidarity activity .


### volunteering activities constitute a rich experience in a non - formal and informal learning context which enhances young people’s personal , socio - educational and professional development , active citizenship and employability . volunteering activities should not have an adverse effect on potential or existing paid employment , nor should they be seen as a substitute for it . the commission and the member states should cooperate regarding volunteering policies in the youth field via the open method of coordination . ### volunteering activities constitute a rich experience in a non - formal and informal learning context which enhances young people’s personal , socio - educational and professional development , active citizenship and employability and their access to the labour market . volunteering activities should not have an adverse effect on potential or existing paid employment , nor should they be seen as a substitute for it . the commission and the member states should cooperate regarding volunteering policies in the youth field via the open method of coordination .


### young people’s spirit of initiative is an important asset for society and for the labour market . the european solidarity corps contributes to fostering this aspect by offering young people the opportunity to devise and implement their own projects aimed at addressing specific challenges to the benefit of their local communities . these projects are an opportunity to try out ideas and support young people to be themselves drivers of solidarity actions . they also serve as a springboard for further engagement in solidarity activities and are a first step towards encouraging european solidarity corps participants to engage in self - employment or setting up associations , non - governmental organisations or other bodies active in the solidarity , non - profit and youth sectors . ### young people’s spirit of initiative is an important asset for society and for the labour market . the european solidarity corps contributes to fostering this aspect by offering young people the opportunity to devise and implement their own projects aimed at addressing specific challenges to the benefit of their local communities , taking account of specific local , regional and cross - border factors where necessary . these projects are an opportunity to try out ideas and support young people to be themselves drivers of solidarity actions . they also serve as a springboard for further engagement in solidarity activities and are a first step towards encouraging european solidarity corps participants to engage in self - employment or setting up associations , non - governmental organisations or other bodies active in the solidarity , non - profit and youth sectors .


### the scaling - up of european solidarity corps projects should be facilitated . specific measures should be put in place to help promoters of european solidarity corps projects to apply for grants or develop synergies through the support of the european structural and investment funds and the programmes relating to migration , security , justice and citizenship , health and culture . ### the scaling - up of european solidarity corps projects should be facilitated . at the same time , accurate and continually updated information regarding these opportunities must be provided for potential beneficiaries , irrespective of their - urban or rural - origins . specific measures should be put in place to help promoters of european solidarity corps projects to apply for grants or develop synergies through the support of the european structural and investment funds and the programmes relating to migration , security , justice and citizenship , health and culture


### special attention should be given to ensuring that the activities supported by the european solidarity corps are accessible to all young people , notably the most disadvantaged ones . special measures should be in place to promote social inclusion , the participation of disadvantaged young people , as well as to take into account the constraints imposed by the remoteness of a number of rural areas and of the outermost regions of the union and the overseas countries and territories . similarly , the participating countries should endeavour to adopt all appropriate measures to remove legal and administrative obstacles to the proper functioning of the european solidarity corps . this should resolve , where possible , and without prejudice to the schengen acquis and union law on the entry and residence of third - country nationals , administrative issues that create difficulties in obtaining visas and residence permits , as well as the issuing of a european health insurance card in the case of cross - border activities within the european union . ### special attention should be given to ensuring that the activities supported by the european solidarity corps are accessible to all young people , notably the most disadvantaged ones . special measures should be in place to promote social inclusion , the participation of disadvantaged young people , as well as to take into account the constraints imposed by the remoteness of a number of rural areas and of the outermost regions of the union and the overseas countries and territories . accordingly , the monitoring of the programme shall report upon the extent to which the programme meets its aspiration to reflect the diverse make up of european society in terms of ethnicity , gender , ability , social background and the geography of the union . similarly , the participating countries should endeavour to adopt all appropriate measures to remove legal and administrative obstacles to the proper functioning of the european solidarity corps . this should resolve , where possible , and without prejudice to the schengen acquis and union law on the entry and residence of third - country nationals , administrative issues that create difficulties in obtaining visas and residence permits , as well as the issuing of a european health insurance card in the case of cross - border activities within the european union .


### the recipients of union funding shall acknowledge the origin and ensure the visibility of the union funding , in particular when promoting the actions and their results , by providing coherent , effective and proportionate targeted information to multiple audiences , including the media and the public . ### the recipients of union funding shall acknowledge the origin thereof and ensure the visibility of the union funding by providing prompt , coherent , effective and proportionate targeted information to multiple audiences , including , the media and the public .


### the commission shall implement information and communication actions relating to the programme , and its actions and results . financial resources allocated to the programme shall also contribute to the corporate communication of the political priorities of the union , as far as they are related to the objectives referred to in article 3 . ### the commission shall implement information and communication actions relating to the programme , its target public , its duration and its actions and results . financial resources allocated to the programme shall also contribute to the corporate communication of the political priorities of the union , as far as they are related to the objectives referred to in article 3 .


### the national agencies referred to in article 23 shall develop a consistent strategy with regard to the effective outreach as well as dissemination and exploitation of results of activities supported under the actions they manage within the programme , shall assist the commission in its general task of disseminating information concerning the programme , including information in respect of actions and activities managed at national and union level , and its results , and shall inform relevant target groups about the actions and activities undertaken in their country . ### the national agencies referred to in article 23 shall develop a consistent strategy with regard to information and the effective outreach , as well as dissemination to all potential beneficiaries and exploitation of results of activities supported under the actions they manage within the programme , shall assist the commission in its general task of disseminating information concerning the programme , including information in respect of actions and activities managed at national and union level , and its results , and shall inform relevant target groups about the actions and activities undertaken in their country .


### audits on the use of the union contribution carried out by persons or entities , including by others than those mandated by the union institutions or bodies , shall form the basis of the overall assurance pursuant to [ article 127 ] of the financial regulation . ### audits on the use of the union contribution carried out by persons or entities , including by others than those mandated by the union institutions or bodies , shall form the basis of the overall assurance pursuant to article [ 127 ] of the financial regulation and shall be carried out in accordance with the same criteria in all member states .


### within the context of the wto and through its bilateral relations , the union advocates an ambitious opening of international public procurement markets of the union and its trading partners , in a spirit of reciprocity and mutual benefit . ### within the context of the wto and through its bilateral relations , the union advocates an ambitious opening of international public procurement and concessions markets of the union and its trading partners , in a spirit of reciprocity and mutual benefit , based on fair trade .


### many third countries are reluctant to open their public procurement and their concessions markets to international competition , or to open those markets further than what they have already done . as a result , union economic operators face restrictive procurement practices in many of the trading partner of the union . those restrictive procurement practices result in the loss of substantial trading opportunities . ### many third countries are reluctant to open their public procurement and their concessions markets to international competition , or to open those markets further than what they have already done . as a result , union economic operators face restrictive procurement practices and concessions in many of the trading partner of the union . those restrictive procurement practices result in the loss of substantial trading opportunities and therefore a procedure to prevent imbalances in third - country public procurement markets should exist .


### in the interest of legal certainty for union and third - country economic operators , contracting authorities and contracting entities , the international market access commitments undertaken by the union towards third countries in the field of public procurement and concessions should be reflected in the legal order of the eu , thereby ensuring effective application thereof . ### in the interest of legal certainty for union and third - country economic operators and consumers , contracting authorities and contracting entities , the international market access commitments undertaken by the union towards third countries in the field of public procurement and concessions should be reflected in the legal order of the eu , thereby ensuring effective application thereof .


### the objectives of improving the access of union economic operators to the public procurement and concessions markets of certain third countries protected by restrictive and discriminatory procurement measures or practices and of preserving equal conditions of competition within the internal market require to refer to the non - preferential rules of origin established in the eu customs legislation , so that contracting authorities and contracting entities know whether goods and services are covered by the international commitments of the union . ### the objectives of improving the access of union economic operators to the public procurement and concessions markets of certain third countries protected by restrictive and discriminatory procurement and concessions measures or practices and of preserving equal conditions of competition within the internal market require to refer to the non - preferential rules of origin established in the eu customs legislation , so that contracting authorities and contracting entities know whether goods and services are covered by the international commitments of the union .


### when assessing whether restrictive and / or discriminatory procurement measures or practices exist in a third country , the commission should examine to what degree laws on public procurement and concessions of the country concerned ensure transparency in line with international standards in the field of public procurement and preclude any discrimination against union goods , services and economic operators . in addition , it should examine to what degree individual contracting authorities or contracting entities maintain or adopt discriminatory practices against union goods , services and economic operators . ### when assessing whether restrictive and / or discriminatory procurement measures or practices exist in a third country , the commission should examine to what degree laws on public procurement and concessions of the country concerned ensure transparency and confidentiality in line with international standards in the field of public procurement and concessions and preclude any discrimination against union goods , services and economic operators . in addition , it should examine to what degree individual contracting authorities or contracting entities maintain or adopt discriminatory practices against union goods , services and economic operators .


### it is imperative that contracting authorities and contracting entities have access to a range of high - quality products meeting their purchasing requirements at a competitive price . therefore contracting authorities and contracting entities should be able not to apply price adjustment measures limiting access of non - covered goods and services in case there are no union and / or covered goods or services available which meet the requirements of the contracting authority or contracting entity to safeguard essential public needs , for example in the fields of health and public safety , or where the application of the measure would lead to a disproportionate increase in the price or costs of the contract . ### it is imperative that contracting authorities and contracting entities have access to a range of high - quality products and services meeting their purchasing requirements at a competitive price . therefore contracting authorities and contracting entities should be able not to apply price adjustment measures limiting access of non - covered goods and services in case there are no union and / or covered goods or services available which meet the requirements of the contracting authority or contracting entity to safeguard essential public needs , for example in the fields of health and public safety , or where the application of the measure would lead to a disproportionate increase in the price or costs of the contract .


### with a view to further reducing administrative burden whilst rendering the documents less prone to tampering , the commission should as a second step , after the adoption of this directive , examine the possibility of introducing an electronic version of service record books and logbooks , as well as electronic professional cards incorporating union certificates of qualifications . in doing so , the commission should take existing technologies in other modes of transport into account , in particular road transport . after conducting an impact assessment including of cost - benefit and of the impacts on the fundamental rights , in particular in relation to the protection of personal data , the commission should present , if appropriate , a proposal to the european parliament and the council . ### with a view to further reducing administrative burden whilst rendering the documents less prone to tampering , the commission should adopt suitable legal framework provisions for the introduction of an electronic version of service record books and logbooks , as well as electronic professional cards incorporating union certificates of qualifications . in doing so , the commission should take existing technologies in other modes of transport into account , in particular road transport . tamper - proof equipment should also be provided for the electronic recording of working hours and duties performed by all crew members .


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


### those means may consist of a limited number of journeys to be carried out on the stretch concerned , a simulator examination , a multiple choice examination or a combination thereof . ### those means shall consist of a minimum number of journeys to be carried out on the stretch concerned , a simulator examination and a multiple choice examination .


### simulators used for the assessment of competences shall be subject to an approval by member states . that approval shall be issued upon request when it is demonstrated that the device complies with the standards for simulators established by delegated acts referred to in paragraph 2 . the approval shall specify which particular assessment of competence is authorised as regards the simulator . ### simulators used for the training and assessment of competences shall be subject to an approval by member states . that approval shall be issued upon request when it is demonstrated that the device complies with the standards for simulators established by delegated acts referred to in paragraph 2 . the approval shall specify which particular assessment of competence is authorised as regards the simulator .


### the union is party to the united nations’ convention on the rights of people with disabilities . the provisions of that convention are thus , from the time of its entry into force , an integral part of the european union legal order and union legislation must as far as possible be interpreted in a manner that is consistent with the convention . the convention provides , among other things , in its article 7 that parties shall take all necessary measures to ensure the full enjoyment by children with disabilities of all human rights and fundamental freedoms on an equal basis with other children . ### the union is party to the united nations’ convention on the rights of people with disabilities . the provisions of that convention are thus , from the time of its entry into force , an integral part of the european union legal order and union legislation must as far as possible be interpreted in a manner that is consistent with the convention . the convention provides , among other things , in its article 7 that parties shall take all necessary measures to ensure the full enjoyment by children with disabilities of all human rights and fundamental freedoms on an equal basis with other children . moreover , the convention , in its article 23 , provides that parties shall take effective and appropriate measures to eliminate discrimination against persons with disabilities in all matters relating to marriage , family , parenthood and relationships .


### work - life balance remains however a considerable challenge for many parents and workers with caring responsibilities , with a negative impact on female employment . a major factor contributing to the underrepresentation of women in the labour market is the difficulty of balancing work and family obligations . when they have children , women tend to work less hours in paid employment and spend more time fulfilling unpaid care responsibilities . having an ill or dependent relative has also been shown to have a negative impact on female employment , leading some women to drop out of the labour market entirely . ### work - life balance remains however a considerable challenge for many parents and workers with caring responsibilities , with a negative impact on female employment . a major factor contributing to the underrepresentation of women in the labour market is the difficulty of balancing work and family obligations . when they have children , women tend to work less hours in paid employment and spend more time fulfilling unpaid care responsibilities . having a relative with care or support needs has also been shown to have a negative impact on female employment , leading some women to drop out of the labour market partly or entirely .


### the current union legal framework provides limited incentives for men to assume an equal share of caring responsibilities . lack of paid paternity and parental leave in many member states contributes to the low take - up of such leave by fathers . the imbalance in the design of work - life balance policies between women and men reinforces gender differences between work and care . conversely , use of work - life balance arrangements by fathers , such as leave or flexible working arrangements , has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment . ### the current union legal framework provides limited incentives for men to assume an equal share of caring responsibilities . lack of paid paternity and parental leave in many member states contributes to the low take - up of such leave by fathers . the imbalance in the design of work - life balance policies between women and men reinforces gender differences between work and care . conversely , use of work - life balance arrangements by fathers , such as leave or flexible working arrangements , has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment . furthermore , eurofound research shows that take - up rates among parents depend on many intertwined factors . such factors include : information about the leave available ; leave compensation and pay disparities ; availability and flexibility of childcare facilities ; prevailing family organisation models ; and the extent to which workers fear isolation from the labour market when taking leave1a . __________________ 1a eurofound : promoting uptake of parental and paternity leave among fathers in the european union and the gender employment gap : challenges and solutions .


### the current union legal framework provides limited incentives for men to assume an equal share of caring responsibilities . lack of paid paternity and parental leave in many member states contributes to the low take - up of such leave by fathers . the imbalance in the design of work - life balance policies between women and men reinforces gender differences between work and care . conversely , use of work - life balance arrangements by fathers , such as leave or flexible working arrangements , has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment . ### the current union legal framework provides limited incentives for men to assume an equal share of caring responsibilities . lack of paid paternity and parental leave in many member states contributes to the low take - up of such leave by fathers . the imbalance in the design of work - life balance policies between women and men reinforces gender differences between work and care . conversely , use of work - life balance arrangements by fathers , such as leave or flexible working arrangements , has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment . furthermore , it is vital that member states ensure adequate provision of quality , accessible , and affordable services for the care of children and other dependants such as the elderly and people with disabilities in order to increase the participation of women in the labour market .


### in order to encourage a more equal sharing of caring responsibilities between women and men , the right to paternity leave for fathers to be taken on the occasion of the birth of a child should be introduced . in order to take account of differences among member states , the right to paternity leave should be irrespective of marital or family status as defined in national law . ### in order to encourage a more equal sharing of caring responsibilities between women and men , the right to paid and mandatory paternity leave for fathers or an equivalent second parent as defined in national law to be taken around the time of the birth , stillbirth or adoption of a child should be introduced . in order to take account of differences among member states , the right to paternity leaves should be irrespective of marital or family status as defined in national law .


### in order to encourage a more equal sharing of caring responsibilities between women and men , the right to paternity leave for fathers to be taken on the occasion of the birth of a child should be introduced . in order to take account of differences among member states , the right to paternity leave should be irrespective of marital or family status as defined in national law . ### in order to encourage a more equal sharing of caring responsibilities between women and men , the right to paternity leave for fathers , or an equivalent second parent as defined in national law , to be taken on the occasion of the birth of a child should be introduced . in order to take account of differences among member states , the right to paternity leave should be irrespective of marital or family status as defined in national law .


### in order to encourage a more equal sharing of caring responsibilities between women and men , the right to paternity leave for fathers to be taken on the occasion of the birth of a child should be introduced . in order to take account of differences among member states , the right to paternity leave should be irrespective of marital or family status as defined in national law . ### in order to encourage a more equal sharing of caring responsibilities between women and men , the right to paternity leave for fathers or an equivalent second parent as defined in national law to be taken on the occasion of the birth of a child should be introduced . in order to take account of differences among member states , the right to paternity leave should be irrespective of marital or family status as defined in national law .


### in order to provide greater possibility for parents to use parental leave as their children grow up , the right to parental leave should be granted until the child is at least twelve years old . member states should be able to specify the period of notice to be given by the worker to the employer when applying for parental leave and to decide whether the right to parental leave may be subject to a certain period of service . in view of the growing diversity of contractual arrangements , the sum of successive fixed - term contracts with the same employer should be taken into account for the purpose of calculating the period of service . to balance the needs of workers with those of employers , member states should also be able to decide whether they define if the employer may be allowed to postpone the granting of parental leave under certain circumstances . in such cases , the employer should provide justification for the postponement . given that flexibility makes it more likely that second parents , in particular fathers , will take up their entitlement to such leave , workers should be able to request to take parental leave on a full - time or part - time basis or in other flexible forms . it should be up to the employer whether or not to accept such a request for parental leave in other flexible forms than full - time . member states should also assess if the conditions and detailed arrangements of parental leave should be adapted to the specific needs of parents in particularly disadvantaged situations . ### in order to provide greater possibility for parents to use parental leave as their children grow up , the right to parental leave should be granted until the child is at least twelve years old . member states should be able to specify a reasonable period of notice to be given by the worker to the employer when applying for parental leave . to balance the needs of workers with those of employers , member states should also be able to decide whether they define if the employer may be allowed to postpone the granting of parental leave under certain circumstances . in such cases , the employer should provide justification for the postponement in writing . given that flexibility makes it more likely that second parents , in particular fathers , will take up their entitlement to such leave , workers should be able to request to take parental leave on a full - time or part - time basis or in other flexible forms . it should be up to the employer whether or not to accept such a request for parental leave in other flexible forms than full - time . member states should also assess if the conditions and detailed arrangements of parental leave should be adapted to the needs of parents in specific situations , in particular with regard to children with disabilities , mental health problems , serious medical conditions or illness , in accordance with their national law and practice .


### in accordance with directive 2010 / 18 / eu member states are required to define the status of the employment contract or employment relationship for the period of parental leave . in accordance with the case - law of the court of justice of the european union , the employment relationship between the worker and his employer is therefore maintained during the period of leave and , as a result , the beneficiary of such leave , remains , during that period , a worker for the purposes of union law . when defining the status of employment contract or employment relationship during the period of the leaves covered by this directive , including as regards entitlements to social security , the member states should therefore ensure that the employment relationship is maintained . ### in accordance with directive 2010 / 18 / eu member states are required to define the status of the employment contract or employment relationship for the period of parental leave . in accordance with the case - law of the court of justice of the european union , the employment relationship between the worker and his employer is therefore maintained during the period of leave and , as a result , the beneficiary of such leave , remains , during that period , a worker for the purposes of union law . when defining the status of employment contract or employment relationship during the period of the leaves covered by this directive , the member states should therefore ensure that the employment relationship is maintained without prejudice to entitlements to social security including to pension contribution to which the worker remains subject throughout the period of leave . in that perspective , member states shall secure the leave provided for in this directive shall not affect the worker’s pension entitlements during all this period .


### in order to encourage working parents and carers to remain in the work force , those workers should be able to adapt their working schedules to their personal needs and preferences . working parents and carers should therefore be able to request flexible working arrangements , meaning the possibility for workers to adjust their working patterns , including through the use of remote working arrangements , flexible working schedules , or a reduction in working hours , for caring purposes . in order to address the needs of workers and employers , it should be possible for member states to limit the duration of flexible working arrangements , including a reduction in working hours . while working part - time has been shown to be useful in allowing some women to remain in the labour market after having children , long periods of reduced working hours may lead to lower social security contributions translating into reduced or non - existing pension entitlements . the ultimate decision as to whether or not to accept a worker’s request for flexible working arrangements should lie with the employer , specific circumstances underlying the need for flexible working arrangements can change . workers should therefore not only have the right to return to their original working patterns at the end of a given agreed period , but should also be able to request to do so at any time where a change in the underlying circumstances so requires . ### in order to encourage working parents and carers to remain in the work force , those workers should be able to adapt their working schedules to their personal needs and preferences . working parents and carers should therefore be entitled to flexible working arrangements , meaning for example the possibility for workers to adjust their working patterns , including through the use of remote working arrangements , flexible working schedules , or a reduction in working hours , for caring purposes . in order to address the needs of workers and employers , it should be possible for member states to limit the duration of flexible working arrangements , including a reduction in working hours . while working part - time has been shown to be useful in allowing some women to remain in the labour market after having children , long periods of reduced working hours may lead to lower social security contributions translating into reduced or non - existing pension entitlements . the ultimate decision as to whether or not to accept a worker’s demand for flexible working arrangements should lie with the employer who should justify the refusal in writing . specific circumstances underlying the need for flexible working arrangements can change . workers should therefore not only have the right to return to their original working patterns at the end of a given agreed period , but should also be able to request to do so at any time where a change in the underlying circumstances so requires .


### workers exercising their rights to leave or to request flexible working arrangements should be protected against discrimination or any less favourable treatment on that ground . ### workers exercising their rights to leave or to request flexible working arrangements should be protected against any form of discrimination or any less favourable treatment on that ground .


### workers exercising their rights to take leave or to request flexible working arrangements provided for in this directive should enjoy protection from dismissal and any preparations for a possible dismissal on the grounds that they applied for , or have taken such leave or have exercised the right to request such flexible working arrangements . where workers consider that they have been dismissed on those grounds , they should be able to ask the employer to provide duly substantiated grounds for the dismissal . ### workers exercising their rights to take leave or to flexible working arrangements provided for in this directive should enjoy protection from dismissal and any preparations for a possible dismissal on the grounds that they applied for , or have taken such leave or have exercised the right to such flexible working arrangements . where workers consider that they have been dismissed on those grounds , they should be able to ask the employer to provide duly substantiated grounds for the dismissal .


### this directive applies to all workers , men and women , who have an employment contract or employment relationship . ### this directive applies to all workers , men and women , who have an employment contract or employment relationship , as well as self - employed workers , as defined by law , collective agreement and / or practices in force in each member state , in accordance with the criteria for determining the status of a worker as established by the case law of the court of justice of the european union .


### this directive applies to all workers , men and women , who have an employment contract or employment relationship . ### this directive applies to all workers , men and women , who have an employment contract or employment relationship as well as self - employed workers , as defined by law , collective agreement and / or practices in force in each member state , in accordance with the criteria for determining the status of a worker as established by the case law of the court of justice of the european union .


### this directive applies to all workers , men and women , who have an employment contract or employment relationship . ### this directive applies to all workers , irrespective of gender , who have an employment contract or employment relationship as defined by law , collective agreement and / or practices in force in each member state .


### member states shall take the necessary measures to ensure that fathers have the right to take paternity leave of at least ten working days on the occasion of the birth of a child . ### member states shall take the necessary measures to ensure that fathers or the equivalent second parents as defined in national law have the right to a mandatory paternity leave of at least ten working days to be taken around the time of the birth , stillbirth or adoption of a child . member states may determine whether the leave can also be taken partly before or only directly after the birth , stillbirth or adoption of the child .


### member states shall take the necessary measures to ensure that fathers have the right to take paternity leave of at least ten working days on the occasion of the birth of a child . ### member states shall take the necessary measures to ensure that fathers , or the equivalent second parents as defined in national law , have the right to take mandatory paternity leave of at least ten working days on the occasion of the birth , stillbirth or adoption of a child .


### member states shall take the necessary measures to ensure that fathers have the right to take paternity leave of at least ten working days on the occasion of the birth of a child . ### member states shall take the necessary measures to ensure that fathers or the equivalent second parents as defined in national law have the right to take paternity leave of at least ten working days on the occasion of the birth , stillbirth or adoption of a child .


### member states shall take the necessary measures to ensure that workers have an individual right to parental leave of at least four months to be taken before the child reaches a given age which shall be at least twelve . ### member states shall take the necessary measures to ensure that workers have an individual right to parental leave on full pay of at least four months to be taken before the child reaches a given age which shall be at least twelve .


### member states shall assess the need for the conditions of access and detailed arrangements for the application of parental leave to be adapted to the needs of adoptive parents , parents having a disability and parents with children with a disability or long - term illness . ### member states shall assess the need for the conditions of access and detailed arrangements for the application of parental leave to be adapted to the needs of adoptive parents , parents having a disability , single parents and parents with children with a disability , or a long - term or serious illness .


### employers shall consider and respond to requests for flexible working arrangements referred to in paragraph 1 , taking into account the needs of both employers and workers . employers shall justify any refusal of such a request . ### employers shall consider and respond to requests for flexible working arrangements referred to in paragraph 1 , taking into account the needs of both employers and workers . employers shall justify any refusal of such a request in writing .


### . member states shall define the status of the employment contract or employment relationship for the period of leave referred to in article 4 , 5 or 6 , including as regards entitlements to social security , while ensuring that the employment relationship is maintained during that period . ### member states shall define the status of the employment contract or employment relationship for the period of leave referred to in article 4 , 5 or 6 while ensuring that the employment relationship is maintained during that period but also without prejudice to entitlements to social security including to pension contribution to which the worker remains subject throughout the period of leave .


### member states shall take the necessary measures to prohibit less favourable treatment of workers on the ground that they have applied for , or have taken , leave referred to in article 4 , 5 or 6 , or on the ground that they have exercised their right to flexible working arrangements referred to in article 9 . ### member states shall take the necessary measures to prohibit any form of discrimination and less favourable treatment of workers on the ground that they have applied for , or have taken , leave referred to in article 4 , 5 or 6 , or on the ground that they have exercised their right to flexible working arrangements referred to in article 9 .


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


### to meet the standards of medical fitness prescribed by article 11 ; and ### to meet the standards of medical fitness , including physical and mental health , prescribed by article 11 ; and


### article 176 of the treaty on the functioning of the european union provides that the european regional development fund is intended to help to redress the main regional imbalances in the union . under that article and the second and third paragraphs of article 174 of the tfeu , the erdf is to contribute to reducing disparities between the levels of development of the various regions and to reducing the backwardness of the least favoured regions , among which particular attention is to be paid to certain categories of regions , among which cross - border regions are explicitly listed . ### article 176 of the treaty on the functioning of the european union provides that the european regional development fund is intended to help to redress the main regional imbalances in the union . under that article and the second and third paragraphs of article 174 of the tfeu , the erdf is to contribute to reducing disparities between the levels of development of the various regions and to reducing the backwardness of the least favoured regions , among which particular attention is to be paid to certain categories of regions , among which rural areas , areas affected&#160 ; by industrial transition , and regions which suffer from severe and permanent natural or demographic handicaps such as the northernmost regions with very low population density and island , &#160 ; cross - border and mountain&#160 ; regions are explicitly listed .


### regulation [ new cpr ] of the european parliament and of the council21 sets out provisions common to the erdf and certain other funds and regulation [ new erdf ] of the european parliament and of the council22 sets out provisions concerning the specific objectives and the scope of the erdf support . it is now necessary to adopt specific provisions in relation to the european territorial cooperation goal where one or more member states cooperate across borders with regard to effective programming including provisions on technical assistance , monitoring , evaluation , communication , eligibility , management and control , as well as financial management . _________________ 21 [ reference ] 22 [ reference ] ### regulation [ new cpr ] of the european parliament and of the council21 sets out provisions common to the erdf and certain other funds and regulation [ new erdf ] of the european parliament and of the council22 sets out provisions concerning the specific objectives and the scope of the erdf support . it is now necessary to adopt specific provisions in relation to the european territorial cooperation goal where one or more member states and one or more third countries cooperate across borders with regard to effective programming including provisions on technical assistance , monitoring , evaluation , communication , eligibility , management and control , as well as financial management . _________________ 21 [ reference ] 22 [ reference ]


### due to the involvement of more than one member state , and the resulting higher administrative costs , in particular in respect of controls and translation , the ceiling for technical assistance expenditure should be higher than that under the investment for jobs and growth goal . in order to offset the higher administrative costs , member states should be encouraged to reduce the administrative burden with regard to the implementation of joint projects wherever possible . in addition , interreg programmes with limited union support or external cross - border cooperation programmes should receive a certain minimum amount for technical assistance to ensure sufficient funding for effective technical assistance activities . ### due to the involvement of more than one member state and one or more third countries , and the resulting higher administrative costs , in particular in respect of controls and translation , the ceiling for technical assistance expenditure should be higher than that under the investment for jobs and growth goal . in order to offset the higher administrative costs , member states should be encouraged to reduce the administrative burden with regard to the implementation of joint projects wherever possible . in addition , interreg programmes with limited union support or external cross - border cooperation programmes should receive a certain minimum amount for technical assistance to ensure sufficient funding for effective technical assistance activities .


### under external cross - border and component 2 and 3 interreg programmes supported by the interreg funds , in addition to points and : building up mutual trust , in particular by encouraging people - to - people actions , by enhancing sustainable democracy and by supporting civil society actors and their role in reforming processes and democratic transitions ; ### under external cross - border and component 2 and 3 interreg programmes supported by the interreg funds , in addition to points and : building up mutual trust , in particular by encouraging people - to - people actions , by enhancing sustainable democracy and by supporting independent media and civil society actors and their role in reforming processes and democratic transitions ;


### the enlargement process is built on established criteria and fair and rigorous conditionality . each beneficiary is assessed on the basis of its own merits . the assessment of progress achieved and the identification of shortcomings aim to provide incentives and guidance to the beneficiaries listed in annex i to pursue the necessary far - reaching reforms . for the prospect of enlargement to become a reality , a firm commitment to the principle of the ' fundamentals first ' 15 remains essential . progression towards accession depends on each applicant ' s respect for the union ' s values and its capacity to undertake the necessary reforms to align its political , institutional , legal , administrative and economic systems with the rules , standards , policies and practices in the union . _________________ 15 the ' fundamentals first ' approach links rule of law and fundamental rights with the two other crucial areas of the accession process : economic governance – strengthened focus on economic development and improved competitiveness – and the strengthening of democratic institutions and public administration reform . each of the three fundamentals is of crucial importance for the reform processes in the candidate countries and potential candidates and addresses key concerns of the citizens . ### the enlargement process is built on established criteria and fair and rigorous conditionality . each beneficiary is assessed on the basis of its own merits . the assessment of progress achieved and the identification of shortcomings aim to provide incentives and guidance to the beneficiaries listed in annex i to pursue the necessary far - reaching reforms . for the prospect of enlargement to become a reality , a firm commitment to the principle of the ' fundamentals first ' 15 remains essential . furthermore , good neighbourly relations and regional cooperation are also essential elements of the enlargement process . progress towards accession depends on each applicant ' s respect for the union ' s values and its capacity to undertake the necessary reforms to align its political , institutional , legal , administrative and economic systems with the rules , standards , policies and practices in the union . _________________ 15 the ' fundamentals first ' approach links rule of law and fundamental rights with the two other crucial areas of the accession process : economic governance – strengthened focus on economic development and improved competitiveness – and the strengthening of democratic institutions and public administration reform . each of the three fundamentals is of crucial importance for the reform processes in the candidate countries and potential candidates and addresses key concerns of the citizens .


### the enlargement policy of the union is an investment in peace , security and stability in europe . it provides increased economic and trade opportunities to the mutual benefit of the union and the aspiring member states . the prospect of union membership has a powerful transformative effect , embedding positive democratic , political , economic and societal change . ### the enlargement policy of the union is an investment in peace , security and stability in europe and the development of the internal market . it provides increased economic and trade opportunities to the mutual benefit of the union and the aspiring member states . the prospect of union membership has a powerful transformative effect , embedding positive democratic , political , economic and societal change .


### the union should provide support to the transition towards accession for the benefit of the beneficiaries listed in annex i , based on the experience of its member states . this cooperation should focus in particular on the sharing of experience acquired by the member states in the reform process . ### the union should provide support to the transition towards accession for the benefit of the beneficiaries listed in annex i , based on the experience of its member states . this cooperation should focus in particular on the sharing of experience acquired by the member states in the political , social and economic reform process .


### enhanced strategic and operational cooperation between the union and the beneficiaries listed in annex i on security is pivotal to addressing effectively and efficiently security and terrorism threats . ### enhanced strategic and operational cooperation between the union and the beneficiaries listed in annex i is pivotal to addressing effectively and efficiently safety for all in the society .


### it is essential to further step up cooperation on migration including border management , ensuring access to international protection , sharing relevant information , strengthening the development benefits of migration , facilitating legal and labour migration , enhancing border control and pursuing our effort in the fight against irregular migration , trafficking in human beings and migrant smuggling . ### it is essential to further step up cooperation on migration , ensuring access to international protection , sharing relevant information , strengthening the development benefits of migration , facilitating legal and labour migration , and pursuing our effort in the fight against trafficking in human beings and migrant smuggling .


### strengthening the rule of law , including the fight against corruption and organised crime , and good governance , including public administration reform , remain key challenges in most of the beneficiaries listed in annex i and are essential in order for beneficiaries to come closer to the union and later to fully assume the obligations of union membership . in view of the longer - term nature of the reforms pursued in those areas and the need to build up track records , financial assistance under this regulation should address the requirements placed on the beneficiaries listed in annex i as early as possible . ### strengthening the rule of law based on the national constitution , which respects the human rights and the separation of powers , including the fight against corruption and organised crime , and good governance , including public administration reform , remain key challenges in most of the beneficiaries listed in annex i and are essential in order for beneficiaries to come closer to the union and later to fully assume the obligations of union membership . in view of the longer - term nature of the reforms pursued in those areas and the need to build up track records , financial assistance under this regulation should address the requirements placed on the beneficiaries listed in annex i as early as possible .


### the beneficiaries listed in annex i need to be better prepared to address global challenges , such as sustainable development and climate change , and align with the union ' s efforts to address those issues . reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the sustainable development goals , this programme should contribute to mainstream climate action in the union ' s policies and to the achievement of an overall target of 25 % of the eu budget expenditures supporting climate objectives . actions under this programme are expected to contribute 16 % of the overall financial envelope of the programme to climate objectives . relevant actions will be identified during the programme ' s preparation and implementation , and the overall contribution from this programme should be part of relevant evaluations and review processes . ### the beneficiaries listed in annex i need to be better prepared to address global challenges , such as poverty , sustainable development and climate change , and align with the union ' s efforts to address those issues . reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the sustainable development goals , this programme should contribute to mainstream climate action in the union ' s policies and to the achievement of an overall target of 25 % of the eu budget expenditures supporting climate objectives . actions under this programme are expected to contribute 16 % of the overall financial envelope of the programme to climate objectives . relevant actions will be identified during the programme ' s preparation and implementation , and the overall contribution from this programme should be part of relevant evaluations and review processes .


### the commission and the member states should ensure compliance , coherence , and complementarity of their assistance , in particular through regular consultations and frequent exchanges of information during the different phases of the assistance cycle . the necessary steps should also be taken to ensure better coordination and complementarity , including through regular consultations , with other donors . the role of civil society should be enhanced both in programmes implemented through government bodies and as a direct beneficiary of union assistance . ### the commission and the member states should ensure compliance , coherence , and complementarity of their assistance , in particular through regular consultations and frequent exchanges of information during the different phases of the assistance cycle . the necessary steps should also be taken to ensure better coordination and complementarity , including through regular consultations , with other donors . the role of civil society , including women , lgbti and minority human rights organisations , should be enhanced both in programmes implemented through government bodies and as a direct beneficiary of union assistance .


### the union should seek the most efficient use of available resources in order to optimise the impact of its external action . that should be achieved through coherence and complementarity among the union ' s external financing instruments , as well as the creation of synergies with other union policies and programmes . this includes , where relevant , coherence and complementarity with macro - financial assistance . ### the union should seek the most efficient use of available resources in order to optimise the impact of its external action . that should be achieved , in order to avoid the overlapping with other existing external financing instruments , through coherence and complementarity among the union ' s external financing instruments , as well as the creation of synergies with other union policies and programmes . this includes , where relevant , coherence and complementarity with macro - financial assistance .


### external actions are often implemented in a highly volatile environment requiring a continuous and rapid adaptation to the evolving needs of union partners and to global challenges such as human rights , democracy and good governance , security and stability , climate change and environment and irregular migration and its root causes . reconciling the principle of predictability with the need to react rapidly to new needs consequently means adapting the financial implementation of the programmes . to increase the ability of the union to respond to unforeseen needs , while respecting the principle that the union budget is set annually , this regulation should preserve the possibility to apply the flexibilities already allowed by the financial regulation for other policies , namely carry - overs and re - commitments of committed funds , to ensure an efficient use of the eu funds both for the eu citizens and the beneficiaries listed in annex i , thus maximising the eu funds available for the eu external action interventions . ### external actions are often implemented in a highly volatile environment requiring a continuous and rapid adaptation to the evolving needs of union partners and to global challenges such as human rights , democracy and good governance , security and stability , climate change and environment and irregular migration and its root causes , terrorism . reconciling the principle of predictability with the need to react rapidly to new needs consequently means adapting the financial implementation of the programmes . to increase the ability of the union to respond to unforeseen needs , while respecting the principle that the union budget is set annually , this regulation should preserve the possibility to apply the flexibilities already allowed by the financial regulation for other policies , namely carry - overs and re - commitments of committed funds , to ensure an efficient use of the eu funds both for the eu citizens and the beneficiaries listed in annex i , thus maximising the eu funds available for the eu external action interventions .


### external actions are often implemented in a highly volatile environment requiring a continuous and rapid adaptation to the evolving needs of union partners and to global challenges such as human rights , democracy and good governance , security and stability , climate change and environment and irregular migration and its root causes . reconciling the principle of predictability with the need to react rapidly to new needs consequently means adapting the financial implementation of the programmes . to increase the ability of the union to respond to unforeseen needs , while respecting the principle that the union budget is set annually , this regulation should preserve the possibility to apply the flexibilities already allowed by the financial regulation for other policies , namely carry - overs and re - commitments of committed funds , to ensure an efficient use of the eu funds both for the eu citizens and the beneficiaries listed in annex i , thus maximising the eu funds available for the eu external action interventions . ### external actions are often implemented in a highly volatile environment requiring a continuous and rapid adaptation to the evolving needs of union partners and to global challenges such as human rights , democracy and good governance , security and stability , climate change and environment and migration and its root causes . reconciling the principle of predictability with the need to react rapidly to new needs consequently means adapting the financial implementation of the programmes . to increase the ability of the union to respond to unforeseen needs , while respecting the principle that the union budget is set annually , this regulation should preserve the possibility to apply the flexibilities already allowed by the financial regulation for other policies , namely carry - overs and re - commitments of committed funds , to ensure an efficient use of the eu funds both for the eu citizens and the beneficiaries listed in annex i , thus maximising the eu funds available for the eu external action interventions .


### establishing and promoting from an early stage the proper functioning of the institutions necessary in order to secure the rule of law . interventions in this area shall aim at : establishing independent , accountable and efficient judicial systems , including transparent and merit - based recruitment and promoting judicial cooperation , evaluation and promotion systems and effective disciplinary procedures in cases of wrongdoing ; ensuring the establishment of robust systems to protect the borders , manage migration flows and provide asylum to those in need ; developing effective tools to prevent and fight organised crime , trafficking in human beings , migrants smuggling , money laundering / financing of terrorism and corruption ; promoting and protecting human rights , rights of persons belonging to minorities including roma as well as lesbian , gay , bisexual , transgender and intersex persons fundamental freedoms , including freedom of the media and data protection . ### establishing and promoting from an early stage the proper functioning of the institutions necessary in order to secure the rule of law . interventions in this area shall aim at : establishing independent , accountable and efficient judicial systems , including transparent and merit - based recruitment and promoting judicial cooperation , evaluation and promotion systems and effective disciplinary procedures in cases of wrongdoing ; ending discrimination against and promoting long - term socio - economic inclusion of third - country nationals in need of protection ; developing effective tools to prevent and fight organised crime , trafficking in human beings , migrants smuggling , money laundering / financing of terrorism and corruption ; promoting and protecting human rights , rights of persons belonging to minorities including roma1a , the rights of returnees , rights of people with disabilities , women , as well as lesbian , gay , bisexual , transgender and intersex persons fundamental freedoms , including freedom of the media and data protection . encouraging and supporting the effective participation of women and minority groups in politics . addressing gender mainstreaming as a priority and taking concrete steps to gender mainstream all policies . _________________ 1a the word ‘ roma’ is used as an umbrella term which includes different related groups , whether sedentary or not , such as roma , ashkalis , égyptiens , etc . , that may be diverse in culture and lifestyles ;


### reforming public administrations in line with the principles of public administration . interventions shall aim at : strengthening public administration reform frameworks ; improving strategic planning and inclusive and evidence - based policy and legislative development ; enhancing professionalisation and de - politicisation of public service by embedding meritocratic principles ; promoting transparency and accountability ; improving quality and delivery of services , including adequate administrative procedures and the use of citizen centred egovernment ; strengthening public financial management and the production of reliable statistics . ### reforming public administrations in line with the principles of public administration . interventions shall aim at : strengthening public administration reform frameworks ; improving strategic planning and inclusive and evidence - based policy and legislative development ; enhancing cooperation with civil society organisations , including women’s organisations , whose role is key for a well - functioning democracy , enhancing professionalisation and de - politicisation of public service by embedding meritocratic principles ; promoting transparency and accountability ; improving quality and delivery of services safeguarding non - discrimination and providing tailor - made support , including adequate administrative procedures and the use of citizen centred egovernment ; strengthening public financial management and the production of reliable statistics .


### strengthening access to and quality of education , training and lifelong learning at all levels , and offering support to cultural and creative sectors . interventions in this area shall aim at : promoting equal access to quality early - childhood education and care , primary and secondary education , improving the provision of basic skills ; increasing educational attainment levels , reducing early school - leaving and reinforcing teachers’ training . developing vocational education and training systems and promoting work - based learning systems to facilitate the transition to the labour market ; improving the quality and relevance of higher education ; encouraging alumni related activities ; enhancing access to lifelong learning and supporting investment in education and training infrastructure particularly with a view to reducing territorial disparities and fostering non - segregated education and including through the use of digital technologies . ### strengthening access to and quality of education , training and lifelong learning at all levels , and offering support to cultural and creative sectors . interventions in this area shall aim at : promoting equal access to quality early - childhood education and care , primary and secondary education , improving the provision of basic skills paying special attention to children coming from a disadvantaged social background , such as roma children , returnee children , migrant children and children living in homelessness ; increasing educational attainment levels , reducing early school - leaving and reinforcing teachers’ training . developing vocational education and training systems and promoting work - based learning systems to facilitate the transition to the labour market ; improving the quality and relevance of higher education ; encouraging alumni related activities ; enhancing access to lifelong learning and supporting investment in education and training infrastructure particularly with a view to reducing territorial disparities and fostering non - segregated education and including through the use of digital technologies .


### fostering quality employment and access to the labour market . interventions in this area shall aim at : tackling high unemployment and inactivity by supporting sustainable labour market integration in particular of young people ) , women , long - term unemployed and all under - represented groups . measures shall stimulate quality job creation and support the effective enforcement of labour rules and standards across the entire territory . other key areas of intervention shall be to support gender equality , promoting employability and productivity , the adaptation of workers and enterprises to change , the establishment of a sustainable social dialogue and the modernisation and strengthening of labour market institutions such as public employment services and labour inspectorates . ### fostering quality employment and access to the labour market . interventions in this area shall aim at : tackling high unemployment and inactivity by supporting sustainable labour market integration in particular of young people ) , women , long - term unemployed , victims of discrimination in the field of employment , such as the roma , persons with disabilities , and all under - represented groups . measures shall stimulate quality job creation and support the effective enforcement of labour rules and standards across the entire territory . other key areas of intervention shall be to support gender equality , promoting employability and productivity , the adaptation of workers and enterprises to change , the establishment of a sustainable social dialogue and the modernisation and strengthening of labour market institutions such as public employment services and labour inspectorates .


### promoting social protection and inclusion and combating poverty . interventions in this area shall aim at modernising social protection systems to provide effective , efficient , and adequate protection throughout all stages of a person ' s life , fostering social inclusion , promoting equal opportunities and addressing inequalities and poverty . interventions in this area shall also focus on : integrating marginalised communities such as the roma ; combating discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation ; enhancing access to affordable , sustainable and high quality services , such as early childhood education and care , housing , healthcare and essential social services and long term care , including through the modernisation of social protection systems . ### promoting social protection and inclusion and eradicating poverty . interventions in this area shall aim at modernising social protection systems to provide effective , efficient , non - discriminatory and adequate protection throughout all stages of a person ' s life , fostering social inclusion , promoting equal opportunities and addressing inequalities and poverty . interventions in this area shall also focus on : integrating marginalised communities such as the roma , including returnees , fighting anti - gypsyism and creating trust through establishing truth , recognition and reconciliation processes ; combating discrimination based on sex , racial or ethnic origin , religion or belief , disability , age , sexual orientation , sex characteristics or gender identity ; enhancing access to affordable , sustainable and high quality services , such as early childhood education and care , housing , healthcare , elder - and dependent care and essential social services and long term care , including through the modernisation of social protection systems .


### improving access to digital technologies and services and strengthening research , technological development and innovation by investing in digital connectivity , digital trust and security , digital skills and entrepreneurship as well as research infrastructure and enabling environment and promoting networking and collaboration . ### improving access to digital technologies and services and strengthening research , technological development and innovation by investing in digital connectivity paying special attention to the most disadvantaged micro - regions and rural areas and their inhabitants , digital trust and security , digital skills and entrepreneurship as well as research infrastructure and enabling environment and promoting networking and collaboration .


### the following list of key performance indicators shall be used to help measure the union’s contribution to the achievement of its specific objectives : ### the following list of key performance indicators shall be used to help measure the union’s contribution to the achievement of its specific objectives and the progress made by the beneficiaries :


### the financial envelope of the programme should consist of financial resources deducted from allocations for technical assistance at the initiative of the commission under regulation no 1303 / 2013 of the european parliament and of the council16 and regulation no 1305 / 2013 of the european parliament and of the council17 . in order to allow such deduction , it is necessary to amend those regulations . __________________ 16 regulation no 1303 / 2013 of the european parliament and of the council of 17 december 2013 laying down common provisions on the european regional development fund , the european social fund , the cohesion fund , the european agricultural fund for rural development and the european maritime and fisheries fund and laying down general provisions on the european regional development fund , the european social fund , the cohesion fund and the european maritime and fisheries fund and repealing council regulation no 1083 / 2006 . 17 regulation no 1305 / 2013 of the european parliament and of the council of 17 december 2013 on support for rural development by the european agricultural fund for rural development and repealing council regulation no 1698 / 2005 . ### the financial envelope of the programme should consist of financial resources deducted from allocations for technical assistance at the initiative of the commission under regulation no 1303 / 2013 of the european parliament and of the council16 and regulation no 1305 / 2013 of the european parliament and of the council17 . in order to allow such deduction , it is necessary to amend those regulations . the financing of the structural reform support programme should not constitute a precedent for any future initiatives by the commission to be financed from the cohesion policy . __________________ 16 regulation no 1303 / 2013 of the european parliament and of the council of 17 december 2013 laying down common provisions on the european regional development fund , the european social fund , the cohesion fund , the european agricultural fund for rural development and the european maritime and fisheries fund and laying down general provisions on the european regional development fund , the european social fund , the cohesion fund and the european maritime and fisheries fund and repealing council regulation no 1083 / 2006 . 17 regulation no 1305 / 2013 of the european parliament and of the council of 17 december 2013 on support for rural development by the european agricultural fund for rural development and repealing council regulation no 1698 / 2005 .


### to facilitate the evaluation of the programme , a proper framework for monitoring the results achieved by the programme should be put in place from the very beginning . a mid - term evaluation looking at the achievement of the objectives of the programme , its efficiency and its added value at the european level should be carried out . a final evaluation should , in addition , deal with the long–term impact and the sustainability effects of the programme . those evaluations should be based on the indicators , measuring the effects of the programme . ### to facilitate the evaluation of the programme , a proper framework for monitoring the results achieved by the programme should be put in place from the very beginning . a mid - term evaluation looking at the achievement of the objectives of the programme , its efficiency and its added value at the european level should be carried out . a final evaluation should , in addition , deal with the long–term impact and the sustainability effects of the programme . those evaluations should be based on the indicators , measuring the effects of the programme . the implementation of the programme should be subject to annual monitoring as well as to independent interim and ex - post evaluation on the basis of which the possible suspension after 2020 could be decided . therefore , output indicators could be added to the proposed set of indicators .


### their complementarity and synergy with other union programmes and policies at national , union and international level ; ### their complementarity and synergy with other union programmes and policies at national , regional , local , union and international level ;


### the general objective of the programme shall be to contribute to institutional , administrative and structural reforms in the member states by providing support to national authorities for measures aimed at reforming institutions , governance , administration , economic and social sectors in response to economic and social challenges with a view to enhancing competitiveness , growth , jobs , and investment , in particular in the context of economic governance processes , including through assistance for the efficient and effective use of the union funds . ### the general objective of the programme shall be to contribute to institutional , administrative and structural reforms in the member states by providing support to national authorities for measures aimed at reforming institutions , governance , administration , economic and social sectors in response to economic and social challenges with a view to enhancing competitiveness , sustainable growth , jobs , and investment , and economic social and territorial cohesion , in particular in the context of economic governance processes , including through assistance for the efficient and effective use of the union funds .


### these objectives shall be pursued in close cooperation with beneficiary member states ### these objectives shall be pursued upon the request of beneficiary member states and in close cooperation with them .


### the provision of expert , for a short or long period , to perform tasks in specific domains or to carry out operational activities , where necessary with interpretation , translation and cooperation support , administrative assistance and infrastructure and equipment facilities ; ### the provision of expert , for a short or long period , to perform tasks in specific domains or to carry out operational activities , where necessary with interpretation , translation and cooperation support , administrative assistance and infrastructure and equipment facilities . combining foreign with local experts would help maximize effectiveness , by making it easier to understand problems and design tailor - made solutions to the specific situation in the requesting member states ;


### taking into account the principles of transparency , equal treatment and sound financial management , further to a dialogue with the member state , including in the context of the european semester , the commission shall analyse the request for support referred to in paragraph 1 based on the urgency , breadth and depth of the problems identified , support needs in respect of the policy areas concerned , analysis of socioeconomic indicators and general administrative capacity of the member state . taking into account the existing actions and measures financed by union funds or other union programmes , the commission in close cooperation with the member state concerned shall identify the priority areas for support , the scope of the support measures to be provided and the global financial contribution for such support . ### taking into account the principles of transparency , equal treatment and sound financial management , further to a dialogue with the member state , including in the context of the european semester , the commission shall analyse the request for support referred to in paragraph 1 based on the urgency , breadth and depth of the problems identified , support needs in respect of the policy areas concerned , analysis of socioeconomic indicators and general administrative capacity of the member state . taking into account the existing actions and measures financed by union funds or other union programmes , the commission in close cooperation with the member state concerned shall identify the priority areas for support , the scope of the support measures to be provided and the global financial contribution for such support . the structural reform support programme shall remain voluntary for members states providing that it doesn ' t involve compulsory and stigmatizing procedures .


### ensure complementarity and synergy between different instruments at union and national levels , in particular in relation to measures financed by union funds , both in the planning phase and during implementation ; ### ensure complementarity and synergy between different instruments at union and national , regional and local levels , in particular in relation to measures financed by union funds , both in the planning phase and during implementation ;


### ensure close cooperation between those responsible for implementation at union and national level to deliver coherent and streamlined support actions . ### ensure close cooperation between those responsible for implementation at union and national , regional and local level to deliver coherent and streamlined support actions .


### the commission shall provide the european parliament and the council with an interim evaluation report , by mid of 2019 , at the latest , and an ex - post evaluation report by end of december 2021 . ### the commission shall provide the european parliament and the council with annual monitoring reports , an interim evaluation report , by mid of 2019 , at the latest , and an ex - post evaluation report by end of december 2021 .


### in order to ensure the uniform conditions for the implementation of this regulation , in particular as regards situations requiring urgent action at the external borders , implementing powers should be conferred on the commission . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council . 18 __________________ 18 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission’s exercise of implementing powers . ### in order to ensure the uniform conditions for the implementation of this regulation , in particular as regards situations requiring urgent action at the external borders , implementing powers should be conferred on the commission . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council18 , based on the principle of non - refoulement and respecting human right declarations and standards . __________________ 18 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission’s exercise of implementing powers .


### ' external borders ' means the land and sea borders of the member states and their airports and seaports , to which the provisions of title ii of regulation no 562 / 2006 of the european parliament and of the council 38 apply ; __________________ 38 regulation no 562 / 2006 of the european parliament and of the council of 15 march 2006 establishing a community code on the rules governing the movement of persons across borders . ### ' external borders ' means the land and sea borders of the member states and their airports and seaports , to which the provisions of title ii of regulation no 562 / 2006 of the european parliament and of the council 38 apply , including those member states to which provisions of the schengen acquis on lifting internal borders are yet to apply ; __________________ 38 regulation no 562 / 2006 of the european parliament and of the council of 15 march 2006 establishing a community code on the rules governing the movement of persons across borders .


### to ensure a coherent european integrated border management at all external borders , the agency shall facilitate and render more effective the application of existing and future union measures relating to the management of external borders , in particular the schengen borders code established by regulation no 562 / 2006 . ### to ensure a coherent european integrated border management at all external borders , the agency shall facilitate and render more effective the application of existing and future union measures relating to the management of external borders , including the schengen borders code established by regulation no 562 / 2006 .


### assist member states and third countries in the context of operational cooperation between them in the fields of external border management and return . ### assist member states and third countries in the context of operational cooperation between them in the fields of external border management and return , as well as the organisation of humanitarian corridors .


### the agency shall establish a monitoring and risk analysis centre with the capacity to monitor migratory flows towards and within the union . for this purpose , the agency shall develop a common integrated risk analysis model , which shall be applied by the agency and the member states . ### the agency shall establish a monitoring and risk analysis centre with the capacity to screen migratory flows towards and within the union . for this purpose , the agency shall develop a common integrated risk analysis model , which shall be applied by the agency and the member states .


### regarding sea operations , specific information on the application of the relevant jurisdiction and legislation in the geographical area where the joint operation takes place , including references to international and union law regarding interception , rescue at sea and disembarkation . in that regard the operational plan shall be established in accordance with regulation no 656 / 2014 of the european parliament and of the council ; 42 __________________ 42 regulation no 656 / 2014 of the european parliament and of the council of 15 may 2014 establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by the european agency for the management of operational cooperation at the external borders of the members states of the european union . ### regarding sea operations , specific information on the application of the relevant jurisdiction and legislation in the geographical area where the joint operation takes place , including references to international and union law regarding interception , search , rescue at sea and disembarkation . in that regard the operational plan defining the role of the agency in search and rescue activities shall be established in accordance with international law provisions and regulation no 656 / 2014 of the european parliament and of the council ; 42 __________________ 42 regulation no 656 / 2014 of the european parliament and of the council of 15 may 2014 establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by the european agency for the management of operational cooperation at the external borders of the members states of the european union .


### modalities of cooperation with third countries , other union agencies , bodies and offices or international organisations ; ### modalities of cooperation with third countries , other union agencies , bodies and offices or international organisations in close synergy with the commission and eeas . the european parliament shall be regularly informed about this cooperation ;


### the agency shall contribute to the european border and coast guard teams with competent border guards seconded by the member states as national experts to the agency . the contribution by member states as regards the secondment of their border guards to the agency for the following year shall be planned on the basis of annual bilateral negotiations and agreements between the agency and member states . in accordance with those agreements , member states shall make the border guards available for secondment , unless that would seriously affect the discharge of national tasks . in such situations member states may recall their seconded border guards . ### the agency shall contribute to the european border and coast guard teams with competent border guards seconded by the member states as national experts to the agency . the contribution by member states as regards the secondment of their border guards to the agency for the following year shall be planned on the basis of annual bilateral negotiations and agreements between the agency and member states . in accordance with those agreements , member states shall make the border guards available for secondment , unless that would seriously affect the discharge of national tasks . in such situations member states may recall their seconded border guards . in order to respond to eventual shortages , the agency may employ staff on a temporary basis in order to perform border control function in line with its mandate .


### such secondments may be for 12 months or more but in any case it shall not be less than three months . the seconded border guards shall be considered as members of the teams and they shall have the tasks and powers of the members of the teams . the member state having seconded the border guards shall be considered as the home member state . ### the secondments may be for 12 months or more but in any case it shall not be less than three months . the seconded border guards shall be considered as members of the teams and they shall have the tasks and powers of the members of the teams . the member state having seconded the border guards shall be considered as the home member state .


### the agency shall take the necessary initiatives to ensure training for staff involved in return - related tasks to be part of the pools referred to in articles 28 , 29 and 30 . the agency shall ensure that all staff who participate in return operations and in return interventions , as well as the staff of the agency , have received , prior to their participation in operational activities organised by the agency , training in relevant union and international law , including fundamental rights and access to international protection . ### the agency shall take the necessary initiatives to ensure training for staff involved in return - related tasks to be part of the pools referred to in articles 28 , 29 and 30 . the agency shall ensure that all staff who participate in return operations and in return interventions , as well as the staff of the agency , have received , prior to their participation in operational activities organised by the agency , training in relevant union and international law , including fundamental rights , access to international protection , that will also enable them identify possible human rights violations and process them accordingly .


### the agency shall cooperate with the commission , other union institutions , the european external action service , europol , the european asylum support office , the european union agency for fundamental rights , eurojust , the european union satellite centre , the european maritime safety agency and the european fisheries control agency as well as other union , agencies , bodies , offices in matters covered by this regulation , and in particular with the objectives of preventing and combating irregular immigration and cross - border crime including the facilitation of irregular immigration , trafficking in human being and terrorism . ### the agency shall cooperate with the european parliament , the commission and other union institutions , the european external action service , europol , the european asylum support office , the european union agency for fundamental rights , eurojust , the european union satellite centre , the european maritime safety agency and the european fisheries control agency as well as other union , agencies , bodies , offices in matters covered by this regulation , and in particular with the objectives of preventing and combating irregular immigration and cross - border crime including the facilitation of irregular immigration , trafficking in human being and terrorism .


### on the occasion of every second evaluation , the commission shall assess the results achieved by the agency having regard to its objectives , mandate and tasks . ### on the occasion of every evaluation , the commission shall assess the results achieved by the agency having regard to its objectives , mandate and tasks .


### reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the united nations sustainable development goals , this specific programme will contribute to mainstream climate actions and to the achievement of an overall target of 25 % of the eu budget expenditures supporting climate objectives . actions under this specific programme are expected to contribute 35% of the overall financial envelope of the specific programme to climate objectives . relevant actions will be identified during the specific programme ' s preparation and implementation , and reassessed in the context of the relevant evaluations and review processes . ### reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the united nations sustainable development goals as a frontrunner , this specific programme will contribute to mainstream climate actions and to the swift achievement of an overall target of 30 % of the eu budget expenditures supporting climate objectives . actions under this specific programme are expected to contribute 35% of the overall financial envelope of the specific programme to climate objectives . relevant actions will be identified during the specific programme ' s preparation and implementation , and reassessed in the context of the relevant evaluations and review processes .


### the specific programme ' s actions should be used to address market failures or sub - optimal investment situations , in a proportionate manner , without duplicating or crowding out private financing and have a clear european added value . ### the specific programme ' s actions in the ‘ open innovation’ pillar should be used to address market failures or sub - optimal investment situations , in a proportionate manner , without duplicating or crowding out private financing and have a clear european added value .