### energy consumption and other information concerning the products covered by product - specific requirements under this regulation should be measured by using reliable , accurate and reproducible methods that take into account the generally recognised state - of - the - art measurements and calculation methods . it is in the interests of the functioning of the internal market to have standards which have been harmonised at union level . in the absence of published standards at the time of application of product - specific requirements the commission should publish in the official journal of the european union transitional measurement and calculation methods in relation to those product - specific requirements . once a reference to such a standard has been published in the official journal of the european union compliance with it should provide a presumption of conformity with measurement methods for those product - specific requirements adopted on the basis of this regulation . ### energy consumption and other information concerning the products covered by product - specific requirements under this regulation should be measured in accordance with harmonised standards and by using reliable , accurate and reproducible methods that take into account the generally recognised state - of - the - art measurements and calculation methods . these methods should reflect , as far as possible , real - life usage conditions in order for consumers to be able to relate and trust the information conveyed by the labels . they should also be clear and robust in order to deter intentional and unintentional circumvention . it is in the interests of the functioning of the internal market to have standards which have been harmonised at union level . in the absence of published standards at the time of application of product - specific requirements the commission should publish in the official journal of the european union transitional measurement and calculation methods in relation to those product - specific requirements . once a reference to such a standard has been published in the official journal of the european union compliance with it should provide a presumption of conformity with measurement methods for those product - specific requirements adopted on the basis of this regulation .


### ' supplementary information ' means information on the functional and environmental performance of an energy - related product , such as its absolute energy consumption or durability , which is based on data that are measurable by market surveillance authorities , is unambiguous and has no significant negative impact on the clear intelligibility and effectiveness of the label as a whole towards customers . ### ' supplementary information ' means information on the functional , environmental and resource - efficient performance of an energy - related product , such as , for example , its absolute energy consumption , durability , the extent to which it can be repaired , or its recycled material content , which is based on data that are measurable by market surveillance authorities , is unambiguous and has no significant negative impact on the clear intelligibility and effectiveness of the label as a whole towards customers .


### they shall , where they do not have a label or a rescaled label : ### they shall , where they do not have a label or a rescaled label , subject to the requirement incumbent on suppliers to provide them with labels promptly and free of charge :


### the commission shall ensure that , when a label is introduced or rescaled , the requirements are laid down so that no products are expected to fall in energy classes a or b at the moment of the introduction of the label and so that the estimated time within which a majority of models falls into those classes shall be at least ten years later . ### the commission shall ensure that , when a label is introduced or rescaled , the requirements are laid down so that no products are expected to fall in energy classes a or b at the moment of the introduction of the label and so that the estimated time within which a majority of models falls into those classes shall be at least ten years later . if no products fall in energy classes a or b , class a or b shall appear in a grey colour on the label . the highest occupied class shall be made noticeable as the highest available class by its format and the strength of colour .


### the commission shall ensure that , when a label is introduced or rescaled , the requirements are laid down so that no products are expected to fall in energy classes a or b at the moment of the introduction of the label and so that the estimated time within which a majority of models falls into those classes shall be at least ten years later . ### the commission shall ensure that , when a label is introduced or rescaled , the outcome of the rescaling process provides consumers with the most comprehensive and effective information possible on the energy performance of the various products . to this end , having assessed the individual product groups on the basis of their potential degree of technological innovation , the commission shall determine whether , on completion of the rescaling process , to leave the first two classes , or only the first class , empty or whether to use the entire scale from a to g . the relevant requirements shall be laid down in such a way as to ensure that 30% of the products are unlikely to fall into energy class a within a period of 10 years .


### where appropriate prior to the adoption of delegated acts , the commission shall test the design and content of the labels for specific product groups with consumers to ensure their clear understanding of the labels . ### prior to the adoption of delegated acts , the commission shall test the design and content of the labels for specific product groups with consumers to ensure their clear understanding of the labels .


### the conformity assessment procedures and the measurement and calculation methods to be used to determine label and product information sheet information ; ### the conformity assessment procedures , including the methodology for measuring , as far as possible , energy consumption under real - life usage conditions , and the measurement and calculation methods to be used to determine label and product information sheet information ;


### to allow all stakeholders ' legitimate interests to be taken into account in the procedure governing a cross - border conversion , the company should disclose the draft terms of the cross - border conversion containing the most important information about the proposed cross - border conversion , including the envisaged new company form , the instrument of constitution and the proposed timetable for the conversion . members , creditors and employees of the company carrying out the cross - border conversion should be notified in order that they can submit comments with regard to the proposed conversion . ### to allow all stakeholders ' legitimate interests to be taken into account in the procedures governing a cross - border conversion , the company should disclose the draft terms of the cross - border conversion containing the most important information about the proposed cross - border conversion , including the envisaged new company form and the rationale behind the conversion , the instrument of constitution and the proposed timetable for the conversion . members , creditors , trade unions and employees of the company carrying out the cross - border conversion should be notified so that they can submit comments with regard to the proposed conversion .


### to allow all stakeholders ' legitimate interests to be taken into account in the procedure governing a cross - border conversion , the company should disclose the draft terms of the cross - border conversion containing the most important information about the proposed cross - border conversion , including the envisaged new company form , the instrument of constitution and the proposed timetable for the conversion . members , creditors and employees of the company carrying out the cross - border conversion should be notified in order that they can submit comments with regard to the proposed conversion . ### to allow all stakeholders ' legitimate interests to be taken into account in the procedure governing a cross - border conversion , the company should disclose the draft terms of the cross - border conversion containing the most important information about the proposed cross - border conversion , including the envisaged new company form , the instrument of constitution and the proposed timetable for the conversion . members , creditors and employees of the company carrying out the cross - border conversion should be notified in a timely manner , and in such a way as to allow them to meet with company representatives and to formulate their opinion in order to submit comments with regard to the proposed conversion . employee involvement must respect the standards laid down in directives 2002 / 14 / ec1a of the european parliament and of the council as well as in directives 2009 / 38 / ec1b and 2001 / 86 / ec1c where relevant . __________________ 1a directive 2002 / 14 / ec of the european parliament and of the council of 11 march 2002 establishing a general framework for informing and consulting employees in the european community . 1b directive 2009 / 38 / ec of the european parliament and of the council of 6 may 2009 on the establishment of a european works council or a procedure in community - scale undertakings and community - scale groups of undertakings for the purposes of informing and consulting employees . 1c council directive 2001 / 86 / ec of 8 october 2001 supplementing the statute for a european company with regard to the involvement of employees .


### in order to provide information to its members , the company carrying out the cross - border conversion should prepare a report . the report should explain and substantiate the legal and economic aspects of the proposed cross - border conversion , in particular the implications of the cross - border conversion for members with regard to the future business of the company and the management organ ' s strategic plan . it should also include potential remedies available to members , where they do not agree with the decision to carry out a cross - border conversion . this report should also be made available to the employees of the company carrying our cross - border conversion . ### in order to provide information to its members , the company carrying out the cross - border conversion should prepare a detailed report . the report should explain and substantiate the legal and economic aspects of the proposed cross - border conversion , in particular the implications of the cross - border conversion for members with regard to the future business of the company and the management organ ' s strategic plan . it should also include potential remedies available to members , where they do not agree with the decision to carry out a cross - border conversion . this report should also be made available to the employees of the company carrying our cross - border conversion .


### in order to provide information to its employees , the company carrying out the cross - border conversion should prepare a report explaining the implications of the proposed cross - border conversion for employees . the report should explain in particular the implications of the proposed cross - border conversion on the safeguarding of the jobs of the employees , whether there would be any material change in the employment relationships and the locations of the companies’ places of business and how each of these factors would relate to any subsidiaries of the company . this requirement should not however apply where the only employees of the company are in its administrative organ . the provision of the report should be without prejudice to the applicable information and consultation proceedings instituted at national level following the implementation of directive 2002 / 14 / ec of the european parliament and of the council43 or directive 2009 / 38 / ec of the european parliament and of the council44 . __________________ 43 directive 2002 / 14 / ec of the european parliament and of the council of 11 march 2002 establishing a general framework for informing and consulting employees in the european community . 44 directive 2009 / 38 / ec of the european parliament and of the council of 6 may 2009 on the establishment of a european works council or a procedure in community - scale undertakings and community - scale groups of undertakings for the purposes of informing and consulting employees . ### in order to provide information to its employees , the company carrying out the cross - border conversion should prepare a report explaining the implications of the proposed cross - border conversion for employees , information on the procedures by which arrangements for the involvement of employees in the definition of their rights to participation in the converted company are determined and on the possible options for such arrangements . the report should explain in particular the implications of the proposed cross - border conversion on the safeguarding of the jobs of the employees , whether there would be any material change in the employment relationships and in the application of collective agreements as well as the locations of the companies’ central administration or places of business - places of business and how each of these factors would relate to any subsidiaries of the company . the provision of the report should be delivered in a timely manner and in such a way as to allow the employees to meet with company representatives , to formulate their opinion and to seek external expert advice without prejudice to the applicable information and consultation proceedings instituted at national level following the implementation of directive 2002 / 14 / ec of the european parliament and of the council43 or directive 2009 / 38 / ec of the european parliament and of the council44 . __________________ 43 directive 2002 / 14 / ec of the european parliament and of the council of 11 march 2002 establishing a general framework for informing and consulting employees in the european community . 44 directive 2009 / 38 / ec of the european parliament and of the council of 6 may 2009 on the establishment of a european works council or a procedure in community - scale undertakings and community - scale groups of undertakings for the purposes of informing and consulting employees .


### in order to prevent the circumvention of employee participation rights by means of a cross - border conversion , the company carrying out a conversion which is registered in the member state which provides for the employee participation rights , should not be able to perform a cross - border conversion without first entering into negotiations with its employees or their representatives when the average number of employees employed by that company is equivalent to four fifths of the national threshold for triggering such employee participation . ### a company shall not be allowed to circumvent employee participation rights by means of a cross - border conversion . the company carrying out a conversion which is registered in a member state which provides for the employee participation rights , should not be able to perform a cross - border conversion without first entering into negotiations with its employees or their representatives when the average number of employees employed by that company is equivalent to two thirds of the national threshold for triggering such employee participation .


### to ensure a proper allocation of tasks among member states and an efficient and effective ex - ante control of cross - border conversions , both the departure and the destination member states should designate the appropriate competent authorities . in particular , the competent authorities of the departure member states should have the power to issue a pre - conversion certificate without which the competent authorities in the destination member state should not be able to complete the cross - border conversion procedure . ### to ensure a proper allocation of tasks among member states and an efficient and effective ex - ante control of cross - border conversions , both the departure and the destination member states should designate the appropriate competent authorities . in particular , the competent authorities of the departure member states should have the power to issue a pre - conversion certificate which the competent authorities in the destination member state should require in order to be able to complete the cross - border conversion procedure .


### the issue of the pre - conversion certificate by the departure member state should be scrutinised to ensure the legality of the cross - border conversion of the company . the competent authority of the departure member state should decide on the issue of the pre - conversion certificate within one month of the application by the company , unless it has serious concerns as to the existence of an artificial arrangement aimed at obtaining undue tax advantages or unduly prejudicing the legal or contractual rights of employees , creditors or members . in such a case , the competent authority should carry out an in - depth assessment . however , this in - depth assessment should not be carried out systematically , but it should be conducted on a case - by - case basis , where there are serious concerns as to the existence of an artificial arrangement . for their assessment , competent authorities should take into account at least a number of factors laid down in this directive which however should be only considered as indicative factors in the overall assessment and not be considered in isolation . in order not to burden companies with an overly lengthy procedure , this in - depth assessment should in any event be concluded within two months of informing the company that the in - depth assessment will be carried out . ### the issue of the pre - conversion certificate by the departure member state should be scrutinised to ensure the legality of the cross - border conversion of the company . in order to assess the accuracy of the information contained in the draft terms of conversion and in the reports addressed to the members and employees and to provide factual elements necessary to assess whether the proposed conversion constitutes an artificial arrangement , the competent authority should be required to assess the proposed cross - border conversion or merger . in this context , the company should present all relevant information to enable the competent authority in the departure member state to take an informed decision as to whether or not to issue the pre - conversion certificate . to this end , the authority should be able to obtain all the relevant company information and documents and carry out all necessary investigations in order to gather all the evidence required . the competent authority of the departure member state may also in this regard ask questions to the competent authority in the member state of destination . the authority should use information , in particular the intent , the sector , the investment , the net turnover and profit or loss , number of employees , the composition of the balance sheet , the tax residence , the assets and their location , the habitual place of work of the employees and of specific groups of employees , the place where social security contributions or tax obligations are due and the commercial risks assumed by the converted company in the destination member state and the departure member state , in accordance with union law and the law of member states . however , in order to protect any confidential information , including business secrets of the company , such information should not be made publically available , but should nevertheless be at the disposal , under confidentiality requirements , to the competent authority as well as employee representatives . the competent authority shall also , before the pre - conversion certificate is issued , verify that final arrangements have been concluded as regards any applicable employee participation rights in accordance with national law and practice .


### in order to further enhance the existing cross - border merger procedure , it is necessary to simplify those merger rules , where appropriate , whilst at the same time ensuring that stakeholders , and in particular employees , are adequately protected . therefore , the existing cross - border merger rules should be modified in order to oblige the management or administrative organs of the merging companies to prepare separate reports detailing the legal and economic aspects of the cross - border merger for both members and for employees . the obligation on the management or administrative organ of the company to prepare the report for the members may however be waived , where those members are already informed about legal and economic aspects of the proposed merger . however , the report prepared for employees may only be waived where the merging companies and their subsidiaries do not have any employees other than those who form part of the management or administrative organ . ### in order to further enhance the existing cross - border merger procedure , it is necessary to simplify those merger rules , where appropriate , whilst at the same time ensuring that in particular employees but also stakeholders and creditors , are adequately protected . therefore , the existing cross - border merger rules should be modified in order to oblige the management or administrative organs of the merging companies to prepare separate reports detailing the legal and economic aspects of the cross - border merger for both members and for employees . the obligation on the management or administrative organ of the company to prepare the report for the members may however be waived , where those members are already informed about legal and economic aspects of the proposed merger . however , the report prepared for employees may only be waived where the merging companies and their subsidiaries do not have any employees other than those who form part of the management or administrative organ .


### furthermore , in order to enhance the protection afforded to the employees of the merging company or companies , employees or their representatives may provide their opinion on the company report setting out the implications of the cross - border merger for them . the provision of the report should be without prejudice to the applicable information and consultation proceedings instituted at national level following the implementation of council directive 2001 / 23 / ec48 , directive 2002 / 14 / ec or directive 2009 / 38 / ec . _________________ 48 council directive 2001 / 23 / ec of 12 march 2001 on the approximation of the laws of the member states relating to the safeguarding of employees ' rights in the event of transfers of undertakings , businesses or parts of undertakings or businesses . ### furthermore , in order to enhance the protection afforded to the employees of the merging company or companies , employees or their representatives may provide their opinion on the company report setting out the implications of the cross - border merger for them . the provision of the report should be carried out in due time in order for the employees or their representatives to be able to submit their comments without prejudice to the applicable information and consultation proceedings instituted at national level following the implementation of council directive 2001 / 23 / ec48 , directive 2002 / 14 / ec or directive 2009 / 38 / ec . _________________ 48 council directive 2001 / 23 / ec of 12 march 2001 on the approximation of the laws of the member states relating to the safeguarding of employees ' rights in the event of transfers of undertakings , businesses or parts of undertakings or businesses .


### the provisions of this directive do not affect the legal or administrative provisions , including the enforcement of tax rules in cross - border conversions , mergers and divisions , of national law relating to the taxes of member states , or its territorial and administrative subdivisions . ### the provisions of this directive do not affect the legal or administrative provisions , including the enforcement of tax rules in cross - border conversions and mergers of national law relating to the taxes of member states , or its territorial and administrative subdivisions .


### the commission should carry out an evaluation of this directive . pursuant to paragraph 22 of the interinstitutional agreement between the european parliament , the council of the european union and the european commission on better law - making of 13 april 201652 that evaluation should be based on the five criteria of efficiency , effectiveness , relevance , coherence and value added and should provide the basis for impact assessments of possible further measures . __________________ 52 oj l123 , 12 . 5 . 2016 , p . 1 . ### the commission should carry out an evaluation of this directive . it should in particular examine its impact on the exercise of workers’ rights , notably employee involvement rights . pursuant to paragraph 22 of the interinstitutional agreement between the european parliament , the council of the european union and the european commission on better law - making of 13 april 201652that evaluation should be based on the five criteria of efficiency , effectiveness , relevance , coherence and value added and should provide the basis for impact assessments of possible further measures . __________________ 52 oj l123 , 12 . 5 . 2016 , p . 1 .


### preventive measures have been taken by the national authorities to avoid the initiation of proceedings referred to in points , or . ### preventive measures have been taken by the national authorities to avoid the initiation of proceedings referred to in points , , or .


### the management or administrative organ of the company which intends to carry out a cross - border conversion shall draw up the draft terms of a cross - border conversion . the draft terms of a cross - border conversion shall include at least the following : ### the management or administrative organ of the company which intends to carry out a cross - border conversion shall draw up the draft terms of a cross - border conversion . the draft terms of a cross - border conversion . if the company is subject to board level employee representation , this board shall be included into the decision on the draft terms in accordance with national law and practice . the draft terms of a cross - border conversion shall include at least the following :


### the management or administrative organ of the company which intends to carry out a cross - border conversion shall draw up the draft terms of a cross - border conversion . the draft terms of a cross - border conversion shall include at least the following : ### the management or administrative organ , including employee board level representatives , of the company which intends to carry out a cross - border conversion shall draw up the draft terms of a cross - border conversion . the draft terms of a cross - border conversion shall include at least the following :


### any special advantages granted to members of the administrative , management , supervisory or controlling organ of the converted company ; ### any additional salary , bonuses relating to the conversion or other special advantages granted to members of the administrative , management , supervisory or controlling organ of the converted company ;


### where appropriate , information on the procedures by which arrangements for the involvement of employees in the definition of their rights to participation in the converted company are determined pursuant to article 86l and on the possible options for such arrangements . ### the likely repercussions of the cross - border conversion on employment information on the procedures by which arrangements for the involvement of employees in the definition of their rights to information , consultation and participation in the converted company are determined pursuant to article 86l and on the possible options for such arrangements .


### the report referred to in paragraph 1 of this article shall be made available , at least electronically , to the members of the company being divided not less than two months before the date of the general meeting referred to in article 160k . that report shall also be made similarly available to the representatives of the employees of the company being divided or , where there are no such representatives , to the employees themselves . ### the report referred to in paragraph 1 of this article , shall be made available , at least electronically , to the members , trade unions and the representatives of the employees of the company or , where there are no such representatives , to the employees themselves , of the company being divided not less than two months before the date of the general meeting referred to in article 160k .


### examination by an independent expert ### examination by the competent authority


### member states shall ensure that the independent expert shall be entitled to obtain from the company being divided all relevant information and documents and to carry out all necessary investigations to verify all elements of the draft terms or management reports . the independent expert shall also be entitled to receive comments and opinions from the representatives of the employees of the company , or , where there are no such representatives , employees themselves and also from the creditors and members of the company . ### member states shall ensure that the competent authority obtains from the company being divided all relevant information and documents and carries out all necessary investigations to verify all elements of the draft terms or management report . the competent authority shall furthermore be able to , where necessary , ask questions to the competent authority of the destination members states , and be entitled to receive comments and opinions from trade unions , the representatives of the employees of the company , or , where there are no such representatives , employees themselves and also from the creditors and members of the company . these shall be attached to the report as appendices .


### member states shall ensure that information submitted to the independent expert can only be used for the purpose of drafting the report and that confidential information , including business secrets , shall not be disclosed . where appropriate , the expert may submit a separate document containing confidential information to the competent authority designated in accordance with article 160o and that separate document shall only be made available to the company being divided and not be disclosed to any third party . ### member states shall ensure that information and opinions submitted to the competent authority can only be used for the purpose of drafting the report and that confidential information , including business secrets , shall not be disclosed .


### a notice informing the members , creditors and employees of the company carrying out the cross - border conversion that they may submit , before the date of the general meeting , comments concerning the documents referred to in points and of the first subparagraph to the company and to the competent authority designated in accordance with article 86m . ### a notice informing the members , creditors , trade unions and employees of the company carrying out the cross - border conversion that they may submit , before the date of the general meeting , comments concerning the documents referred to in points and of the first subparagraph to the company and to the competent authority designated in accordance with article 86m .


### a notice informing the members , creditors and employees of the company carrying out the cross - border conversion that they may submit , before the date of the general meeting , comments concerning the documents referred to in points and of the first subparagraph to the company and to the competent authority designated in accordance with article 86m . ### a notice informing the members , creditors and employees of the company or trade unions carrying out the cross - border conversion that they may submit , before the date of the general meeting , comments concerning the documents referred to in points and of the first subparagraph to the company and to the competent authority designated in accordance with article 86m .


### however , member states may , in cases of genuine suspicion of fraud based on reasonable grounds , require a physical presence before a competent authority . ### member states shall lay down detailed rules for the online disclosure of documents and information referred to in paragraphs 1 and 3 . article 86h paragraph 4 subparagraph 2 and article 13f paragraph 3 and 4 shall apply accordingly .


### however , member states may in cases of genuine suspicion of fraud based on reasonable grounds , require a physical presence before a competent authority . ### however , member states may , in justified exceptional cases of overriding reasons of public interest , require a physical presence before any competent authority , or before any other person or body dealing with , making or assisting in making the online disclosure .


### after taking note of the reports referred to in articles 86e , 86f and 86g , where applicable , the general meeting of the company carrying out the conversion shall decide , by means of a resolution , whether to approve the draft terms of the cross - border conversion . the company shall inform the competent authority designated in accordance with article 86m of the decision of the general meeting . ### after taking note of the reports referred to in articles 86e , 86f and 86g , where applicable , the general meeting of the company carrying out the conversion shall decide , by means of a resolution , whether to approve the draft terms of the cross - border conversion . before a decision is taken , the employee representatives in the company must have been informed and consulted , in a timely manner which allowed for the opinion of the employees to be taken into account in accordance with directive 2002 / 14 / ec1a , and where applicable directives 2009 / 98 / ec1b and 2001 / 86 / ec1c . the company shall inform the competent authority designated in accordance with article 86m of the decision of the general meeting . __________________ 1a directive 2002 / 14 / ec of the european parliament and of the council of 11 march 2002 establishing a general framework for informing and consulting employees in the european community - joint declaration of the european parliament , the council and the commission on employee representation , oj l 80 , 23 . 3 . 2002 , p . 29–34 . 1b commission directive 2009 / 98 / ec of 4 august 2009 amending directive 98 / 8 / ec of the european parliament and of the council to include boric oxide as an active substance in annex i thereto , oj l 203 , 5 . 8 . 2009 , p . 58–61 . 1c council directive 2001 / 86 / ec of 8 october 2001 supplementing the statute for a european company with regard to the involvement of employees , oj l 294 , 10 . 11 . 2001 , p . 22–32 .


### provide for at least the same level of employee participation as operated in the company prior to the conversion , measured by reference to the proportion of employee representatives amongst the members of the administrative or supervisory organ or their committees or of the management group which covers the profit units of the company , subject to employee representation ; or ### provide for at least the same level and elements of employee participation as operated in the company prior to the conversion , measured by reference to the proportion of employee representatives amongst the members of the administrative or supervisory organ or their committees or of the management group which covers the profit units of the company , subject to employee representation ; or


### where the converted company is operating under an employee participation system , that company shall be obliged to take measures to ensure that employees ' participation rights are protected in the event of any subsequent cross - border or domestic merger , division or conversion for a period of three years after the cross - border conversion has taken effect , by applying mutatis mutandis the rules laid down in paragraphs 1 to 6 . ### where the converted company is operating under an employee participation system , that company shall be obliged to take measures to ensure that employees ' participation rights are protected also in the event of any subsequent cross - border or domestic merger , division or conversion for a period of ten years after the cross - border conversion has taken effect , by applying mutatis mutandis the rules laid down in paragraphs 1 to 3 .


### however , in cases of genuine suspicion of fraud based on reasonable grounds member states may require a physical presence before a competent authority where relevant information and documents are required to be submitted . ; ### member states shall lay down detailed rules for the online application referred to in subparagraph 2 . article 86h paragraph 4 subparagraph 2 and article 13f paragraph 3 and 4 shall apply accordingly .


### ' member states shall ensure that the application for obtaining a pre - merger certificate by the merging companies including submission of any information and documents may be completed online in its entirety without the necessity to appear in person before the competent authority referred to in paragraph 1 . however , in cases of genuine suspicion of fraud based on reasonable grounds member states may require a physical presence before a competent authority where relevant information and documents are required to be submitted . ' ; ### member states shall ensure that the application for obtaining a pre - merger certificate by the merging companies including submission of any information and documents may be completed online in its entirety without the necessity to appear in person before the competent authority or any other person or authority entrusted with processing the application referred to in paragraph 1 . however , member states may , in justified exceptional cases of overriding reasons of public interest require a physical presence before any competent authority , or before any other person or body dealing with , making or assisting in making the online disclosure , where relevant information and documents are required to be submitted . member states shall lay down detailed rules for the online disclosure of documents and information referred to in paragraphs 1 and 3 . article 13f paragraphs 3 and 4 shall apply accordingly . '


### in paragraph , 1 , the following subparagraphs are added : ' member states shall ensure that the application for obtaining a pre - merger certificate by the merging companies including submission of any information and documents may be completed online in its entirety without the necessity to appear in person before the competent authority referred to in paragraph 1 . however , in cases of genuine suspicion of fraud based on reasonable grounds member states may require a physical presence before a competent authority where relevant information and documents are required to be submitted . ” ; ### in paragraph , 1 , the following subparagraphs are added : ' member states shall ensure that the application for obtaining a pre - merger certificate by the merging companies including submission of any information and documents may be completed online in its entirety without the necessity to appear in person before the competent authority referred to in paragraph 1 . however , in cases of suspicion of fraud based on reasonable grounds member states may require a physical presence before a competent authority where relevant information and documents are required to be submitted” . ;


### however , in cases of genuine suspicion of fraud based on reasonable grounds member states may require a physical presence before a competent authority where relevant information and documents are required to be submitted . ### member states shall lay down detailed rules for the online application referred to in paragraph 2 . article 86h paragraph 4 subparagraph 2 and article 13f paragraph 3 and 4 shall apply accordingly .


### however , in cases of genuine suspicion of fraud based on reasonable grounds , member states may require a physical presence before a competent authority of a member state where relevant information and documents are required to be submitted . ### member states shall lay down detailed rules for the online application referred to in paragraph 1 . article 86h paragraph 4 subparagraph 2 and article 13f paragraph 3 and 4 shall apply accordingly .


### however , in cases of genuine suspicion of fraud based on reasonable grounds member states may require a physical presence before a competent authority where relevant information and documents are required to be submitted . ### however , in cases of suspicion of fraud based on reasonable grounds member states may require a physical presence before a competent authority where relevant information and documents are required to be submitted .


### however , in cases of genuine suspicion of fraud based on reasonable grounds , member states may require a physical presence before a competent authority of a member state where relevant information and documents are required to be submitted . ### however , in cases of suspicion of fraud based on reasonable grounds , member states may require a physical presence before a competent authority of a member state where relevant information and documents are required to be submitted .


### member states shall ensure that competent authorities designated in accordance with paragraph 1 may consult other relevant authorities with competence in the different fields concerned by the cross - border conversion . ### member states shall ensure that competent authorities designated in accordance with paragraph 1 may consult other relevant authorities both in the departure member state and in the destination member state with competence in the different fields concerned by the cross - border conversion .


### member states shall ensure that competent authorities designated in accordance with paragraph 1 may consult other relevant authorities with competence in the different fields concerned by the cross - border division . ### member states shall ensure that competent authorities designated in accordance with paragraph 1 may consult other relevant authorities both in the departure member state and in the destination member state with competence in the different fields concerned by the cross - border division .


### member states shall ensure that the assessment by the competent authority is carried out within one month of the receipt of the information concerning the approval of the cross - border division by the general meeting of the company . it shall have one of the following outcomes : ### member states shall ensure that the assessment by the competent authority is carried out within two months of the receipt of the information concerning the approval of the cross - border division by the general meeting of the company . it shall have one of the following outcomes :


### where the competent authority has serious concerns that the cross - border division constitutes an artificial arrangement referred to in article 160d , it may decide to carry out an in - depth assessment in accordance with article 160p and shall inform the company about its decision to conduct such an assessment and the subsequent outcome . ### where the competent authority has serious concerns that the cross - border division constitutes an artificial arrangement , it shall decide to carry out an in - depth assessment in accordance with article 160p and shall inform the company about its decision to conduct such an assessment and the subsequent outcome .


### a detailed assessment of the accuracy of the reports and information submitted by the company ; ### a detailed assessment of the accuracy of the reports and information submitted by the company in terms of both form and content ;


### member states shall lay down rules governing at least the civil liability of the independent experts responsible for drawing up the report referred to in articles 160i and 160m , including in respect of any misconduct on their part in the performance of their duties . ### member states shall lay down rules governing at least the civil liability , towards the creditors , of the independent experts responsible for drawing up the report referred to in article 160m , in respect of any misconduct on their part in the performance of their duties .


### the commission shall , no later than five years after [ op please insert the date of the end of the transposition period of this directive ] , carry out an evaluation of this directive and present a report on the findings to the european parliament , the council and the european economic and social committee accompanied , where appropriate , by a legislative proposal . member states shall provide the commission with the information necessary for the preparation of that report , in particular by providing data on the number of cross - border conversions , mergers and divisions , their duration and related costs . ### the commission shall , no later than five years after [ op please insert the date of the end of the transposition period of this directive ] carry out an evaluation of this directive and present a report on the findings to the european parliament , the council and the european economic and social committee accompanied , where appropriate , by a legislative proposal . this evaluation should pay particular attention to the impact of this directive in detecting and preventing cases of cross - border conversions , mergers or divisions representing artificial arrangements . the european commission shall consult the european social partners . member states shall provide the commission with the information necessary for the preparation of that report , in particular by providing data on the number of cross - border conversions , mergers and divisions , their duration and related costs .


### the commission shall , no later than five years after [ op please insert the date of the end of the transposition period of this directive ] , carry out an evaluation of this directive and present a report on the findings to the european parliament , the council and the european economic and social committee accompanied , where appropriate , by a legislative proposal . member states shall provide the commission with the information necessary for the preparation of that report , in particular by providing data on the number of cross - border conversions , mergers and divisions , their duration and related costs . ### the commission shall , no later than three years after [ op please insert the date of the end of the transposition period of this directive ] , carry out an evaluation of this directive and present a report on the findings to the european parliament , the council and the european economic and social committee accompanied , where appropriate , by a legislative proposal . member states shall provide the commission with the information necessary for the preparation of that report , in particular by providing data on the number of cross - border conversions and mergers , their duration and related costs .


### equality between men and women is a fundamental principle of the union . according to article 3 of the treaty on european union the promotion of equality between women and men is one of the union ' s aims . similarly , article 23 of the charter of fundamental rights of the european union requires equality between women and men to be ensured in all areas , including employment , work and pay . ### equality between men and women is a fundamental principle of the union . according to article 3 of the treaty on european union the promotion of equality between women and men is one of the union ' s aims . similarly , article 23 of the charter of fundamental rights of the european union requires equality between women and men to be ensured in all areas , including employment , work and pay and expressly prohibits any discrimination based on gender , even in pursuit of a work - life balance .


### work - life balance policies should contribute to the achievement of gender equality by promoting the participation of women in the labour market , making it easier for men to share caring responsibilities on an equal basis with women , and closing gender gaps in earnings and pay . such policies should take into account demographic changes including the effects of an ageing population . ### work - life balance policies should contribute to the achievement of gender equality by promoting the participation of women in the labour market and encouraging the participation and role of men in family life in favour of a fair sharing of responsibilities for bringing up and caring for children , thereby helping to close the gender gaps in earnings , pay and pensions . such policies should take into account demographic changes including the effects of an ageing population : promoting a better work - life balance could in fact represent an important incentive for increasing the birth - rate .


### 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 are obliged to work fewer 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 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 or inadequacy in the design of work - life balance policies between women and men slows down growth , leads to a departure from the objectives of social inclusion , puts women at greater risk of poverty , especially in old age , and 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 and their social , economic and professional emancipation .


### it is appropriate to repeal and replace directive 2010 / 18 / eu which currently regulates parental leave by putting into effect a framework agreement concluded between the social partners . this directive builds , in particular , upon the rules laid down in directive 2010 / 18 / eu and complements them by strengthening existing rights and by introducing new rights . ### it is appropriate to repeal and go beyond directive 2010 / 18 / eu which currently regulates parental leave by putting into effect a framework agreement concluded between the social partners . this directive builds , in particular , upon the rules laid down in directive 2010 / 18 / eu and complements them by strengthening existing rights and by introducing new rights .


### this directive lays down minimum requirements related to paternity , parental and carers ' leave and to flexible working arrangements for parents and workers with caring responsibilities . by facilitating the reconciliation of work and family life for parents and carers , this directive should contribute to the treaty - based goals of equality between men and women with regard to labour market opportunities , equal treatment at work and the promotion of a high level of employment in the union . ### this directive lays down minimum requirements related to paternity , parental and carers ' leave and to flexible working arrangements for parents and workers with caring responsibilities . by facilitating the reconciliation of work and family life for both parents and for carers , this directive seeks to contribute to the treaty - based goals of equality between men and women with regard to social inclusion , labour market opportunities , equal treatment as regards social rights and pay at work and the promotion of a high level of employment in the union .


### this directive should apply to all workers who have employment contracts or other employment relationships . as is currently the case under clause 2 of the annex to directive 2010 / 18 / eu , this should include contracts relating to employment or employment relationships of part - time workers , fixed - term contract workers or persons with a contract of employment or employment relationship with a temporary agency . ### this directive should apply to all workers who have employment contracts or other employment relationships . as is currently the case under clause 2 of the annex to directive 2010 / 18 / eu , this should include contracts relating to employment or employment relationships of part - time workers , fixed - term or open - ended contract workers or persons with a contract of employment or employment relationship with a temporary agency .


### 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 to be taken on the occasion of the birth or adoption 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 the second parent 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 fourteen years old . member states should specify the period of notice to be given by the worker to the employer when applying for parental leave . the right to parental leave should not 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 written 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 addition to the right to carers ' leave provided for in this directive , all workers should maintain their right to take time off from work on the grounds of force majeure for urgent and unexpected family reasons , currently provided for by directive 2010 / 18 / eu , under the conditions established by the member states . ### in addition to the right to carers ' leave provided for in this directive , all workers should maintain their right to take time off from work for urgent and unexpected family reasons , currently provided for by directive 2010 / 18 / eu , under the conditions established by the member states .


### 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 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 part - time work , giving priority to other flexible working arrangements . while working part - time has indeed 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 .


### 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 discrimination , retaliation 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 request flexible working arrangements provided for in this directive should enjoy protection from dismissal , pressures and mobbing to the detriment of the worker 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 .


### this directive lays down minimum requirements designed to achieve equality between men and women with regard to labour market opportunities and treatment at work through facilitating the reconciliation of work and family life for working parents and carers . ### this directive lays down minimum requirements designed to achieve equality between men and women with regard to labour market opportunities and treatment at work in terms of social rights and pay through facilitating the reconciliation of work and family life for working parents and carers .


### 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 have the right to take paid paternity leave - like maternity leave - on a&#160 ; mandatory basis of at least&#160 ; fourteen working days on the occasion of the birth 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 the second parent has the right to take mandatory paid paternity leave of at least&#160 ; fourteen working days on the occasion of the birth 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 paid at least what they are legally owed on sick days of at least&#160 ; four months to be taken before the child reaches a given age which shall be at least thirteen .


### member states may make the right to parental leave subject to a period of work qualification or a length of service qualification which shall not exceed one year . in the case of successive fixed - term contracts , within the meaning of council directive 1999 / 70 / ec21 , with the same employer , the sum of those contracts shall be taken into account for the purpose of calculating the qualifying period . _________________ 21 council directive of 28 june 1999 concerning the framework agreement on fixed - term work concluded by etuc , unice and ceep . ### member states may make the right to parental leave subject to a period of work qualification or a length of service qualification which shall not exceed one year . in the case of successive fixed - term contracts , within the meaning of council directive 1999 / 70 / ec21 , with the same employer , the sum of those contracts shall be compulsorily taken into account for the purpose of calculating the qualifying period . _________________ 21 council directive of 28 june 1999 concerning the framework agreement on fixed - term work concluded by etuc , unice and ceep .


### 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 extended to meet the needs of adoptive parents , parents having a disability , single parents and parents with children with a disability or serious long - term illness . in particular , for parents of children with disabilities and extremely serious illnesses – according to the certification established by the national health authorities – the rejection of requests for parental leave shall be specifically forbidden .


### member states shall take the necessary measures to ensure that workers have the right to carers ' leave of at least five working days per year , per worker . such right may be subject to appropriate substantiation of the medical condition of the worker ' s relative . ### member states shall take the necessary measures to ensure that workers have the right to paid carers ' leave of at least seven working days per year , per worker . such right must be subject to appropriate substantiation of the medical condition of the worker ' s relative .


### member states shall take the necessary measures to ensure that workers have the right to time off from work on grounds of force majeure for urgent family reasons in cases of illness or accident making the immediate presence of the worker indispensable . member states may limit the right to time off from work on grounds of force majeure to a certain amount of time per year or per case , or both . ### member states shall take the necessary measures to ensure that workers have the right to time off from work for urgent family reasons in cases of illness or accident making the immediate presence of the worker indispensable .


### in accordance with national circumstances , such as national law , collective agreements and / or practice , and taking into account the powers delegated to social partners , member states shall ensure that workers exercising the rights to leave referred to in article 4 , 5 or 6 will receive a payment or an adequate allowance at least equivalent to what the worker concerned would receive in case of sick leave . ### in accordance with national circumstances , such as national law , collective agreements and / or practice , and taking into account the powers delegated to social partners , member states shall ensure that workers exercising the rights to leave referred to in article 4 , 5 or 6 will receive a payment , a tax credit or an adequate allowance at least equivalent to what the worker concerned would receive in case of sick leave .


### member states shall take the necessary measures to ensure that workers with children up to a given age , which shall be at least twelve , and carers , have the right to request flexible working arrangements for caring purposes . the duration of such flexible working arrangements may be subject to a reasonable limitation . ### member states shall take the necessary measures to ensure that workers with children up to a given age , which shall be at least fourteen , and carers , have the right to flexible working arrangements for caring purposes . the duration of such flexible working arrangements may be subject to a reasonable limitation .


### 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 in writing any refusal of such a request . in particular , for parents of children with disabilities and extremely serious illnesses - according to the certifications established by the national health authorities - the rejection of requests for flexible working arrangements shall be expressly forbidden . for workers with children under the conditions indicated , the right to flexible working arrangements is extended until the children reach the age of eighteen .


### workers who consider that they have been dismissed on the grounds that they have applied for , or have taken , leave referred to in article 4 , 5 or 6 or of exercising the right to request flexible working arrangements referred to in article 9 may request the employer to provide duly substantiated grounds for the dismissal . the employer shall provide those grounds in writing . ### workers who consider that they have been dismissed on the grounds that they have applied for , or have taken , leave referred to in article 4 , 5 or 6 or of exercising the right to request flexible working arrangements referred to in article 9 are entitled to request the employer to provide duly substantiated grounds for the dismissal . the employer shall be required to provide those grounds in writing .


### member states shall introduce measures necessary to protect workers , including workers who are employees ' representatives , from any adverse treatment by the employer or adverse consequences resulting from a complaint lodged within the undertaking or any legal proceedings initiated with the aim of enforcing compliance with the rights provided for in this directive . ### member states shall introduce measures necessary to protect workers , including workers who are employees ' representatives , from any adverse treatment by the employer or any form of retaliation , discrimination or adverse consequences resulting from a complaint lodged within the undertaking or any legal proceedings initiated with the aim of enforcing compliance with the rights provided for in this directive .


### member states may introduce or maintain provisions that are more favourable to workers than those laid down in this directive . they shall however ensure that at least four months of parental leave remain non - transferable in accordance with article 5 . ### member states may introduce or maintain provisions that are more favourable to workers than those laid down in this directive , but never below the standards currently in force in national legislation . they shall however ensure that at least four months of parental leave remain non - transferable in accordance with article 5 and that the leave protection is mandatory for parents of children with disabilities and extremely serious illnesses - pursuant to the certification established by the national health authorities .


### at the latest , by five years after the entry into force of this directive , member states shall communicate to the commission all relevant information concerning the application of this directive necessary for the commission to draw up a report to the european parliament and the council on the application of this directive . ### at the latest , by three years after the entry into force of this directive , member states shall communicate to the commission all relevant information concerning the application of this directive and an in - depth evaluation of the effects of the directive on female employment statistics , accompanied , if appropriate , by a legislative proposal .


### the european agenda on migration adopted on 13 may 2015 calls for an attractive eu - wide scheme for highly qualified third - country nationals , and specifies that a review of council directive 2009 / 50 / ec31 is needed to make it more effective in attracting talents to the union and thereby address both the demographic challenges faced by the union and labour and skills shortages in key sectors of the union economy . _________________ 31 council directive 2009 / 50 / ec of 25 may 2009 on the conditions of entry and residence of third - country nationals for the purposes of highly qualified employment . ### the european agenda on migration adopted on 13 may 2015 calls for an attractive eu - wide scheme for highly qualified third - country nationals , and specifies that a review of council directive 2009 / 50 / ec31 is needed to make it more effective in attracting talents to the union and thereby address both the demographic challenges faced by the union and labour and skills shortages in key sectors of the union economy , with a view to economic growth and a more competitive eu economy . _________________ 31 council directive 2009 / 50 / ec of 25 may 2009 on the conditions of entry and residence of third - country nationals for the purposes of highly qualified employment .


### beneficiaries of international protection as defined in article 2 of directive 2011 / 95 / eu of the european parliament and of the council34 have a wide set of rights including labour market access in the member state having granted them protection . in order to further promote social inclusion of these persons and enhance their labour market opportunities across the union , those who are highly skilled should be entitled to apply for an eu blue card . they should be subject to the same rules as any other third - country national falling within the scope of this directive , while holding the statuses of beneficiary of international protection and eu blue card holder in parallel . however , for reasons of legal clarity and coherence , the provisions on equal treatment and family reunification of this directive should not apply to this group of eu blue card holders in the member state which granted them international protection . those rights should remain regulated under the asylum acquis and , where applicable , council directive 2003 / 86 / ec35 . __________________ 34 directive 2011 / 95 / eu of the european parliament and of the council of 13 december 2011 on standards for the qualification of third - country nationals or stateless persons as beneficiaries of international protection , for a uniform status for refugees or for persons eligible for subsidiary protection , and for the content of the protection granted . 35 council directive 2003 / 86 / ec of 22 september 2003 on the right to family reunification . ### beneficiaries of international protection and certain categories of applicants for international protection have a set of rights including labour market access in the member state having granted them protection or responsible for their application for international protection . in order to further promote social inclusion of these persons and enhance their labour market opportunities across the union , those who are highly skilled should be entitled to apply for an eu blue card . they should be subject to the same rules as any other third - country national falling within the scope of this directive , while holding the statuses of beneficiary of international protection , or applicant for international protection , and eu blue card holder in parallel . however , for reasons of legal clarity and coherence , the provisions on equal treatment and family reunification of this directive should not apply to refugees who are eu blue card holders in the member state which granted them international protection . those rights should remain regulated under the asylum acquis and , where applicable , council directive 2003 / 86 / ec35 . __________________ 34 directive 2011 / 95 / eu of the european parliament and of the council of 13 december 2011 on standards for the qualification of third - country nationals or stateless persons as beneficiaries of international protection , for a uniform status for refugees or for persons eligible for subsidiary protection , and for the content of the protection granted . 35 council directive 2003 / 86 / ec of 22 september 2003 on the right to family reunification .


### the member state concerned should ensure that applicants have the right to challenge before a court or tribunal any decision rejecting an application for an eu blue card , or not renewing or withdrawing an eu blue card . this is without prejudice to the possibility to designate an administrative authority to carry out a prior administrative review of such decisions . ### the member state concerned should ensure that applicants have the right to challenge before a court or tribunal a decision rejecting an application for an eu blue card , or a decision not to renew or to withdraw an eu blue card . member states might also designate an administrative authority to carry out a prior administrative review of such decisions .


### “professional experience” means the actual and lawful pursuit of the profession concerned ; ### “professional experience” means the actual and lawful pursuit of the profession concerned , as evidenced by supporting documentation ;


### a third - country national who applies for an eu blue card shall : ### as regards the admission of a third - country national under this directive , the applicant shall :


### member states may reject an application for an eu blue card where : ### member states may reject an application for an eu blue card :


### where the applicant does not meet the conditions set out in article 5 ; ### where the applicant does not meet the criteria set out in article 5 ; or


### the eu blue card or the documents presented have been fraudulently acquired , or have been falsified or tampered with ; ### the third - country national is considered to pose a threat to public policy , public security or public health ; or


### the employer ' s business is being or has been wound up under national insolvency laws or no economic activity is taking place ; or ### where the employer ' s business is being or has been wound up under national insolvency laws or no economic activity is taking place ;


### where the third - country national no longer holds a valid travel document ; ### where the third - country national no longer holds a valid travel document , provided that prior to withdrawing the eu blue card , the member state had set a reasonable deadline for the third - country national concerned to obtain and present a valid travel document ;


### the simplified procedures shall include processing of applications as provided for in the second subparagraph of article 10 . applicants shall be exempt from presenting the evidence referred to in points and of article 5 and in article 5 . ### the simplified procedures shall include processing of applications as provided for in the second subparagraph of article 10 . applicants shall be exempt from presenting the evidence referred to in point of article 5 .


### a third - country national who holds a valid eu blue card issued by a member state not applying the schengen acquis in full shall be entitled to enter and stay for the purpose of carrying out a business activity in one or several second member states for up to 90 days in any 180 - day period on the basis of the eu blue card issued by the first member state . the second member state shall not require any authorisation for exercising the business activity other than the eu blue card issued by the first member state . ### a third - country national who holds a valid eu blue card issued by a member state not applying the schengen acquis in full shall be entitled to enter and stay for the purpose of carrying out a business activity in one or several second member states for up to 90 days in any 180 - day period on the basis of the eu blue card issued by the first member state . the second member state shall not require any authorisation for exercising the business activity other than the eu blue card issued by the first member state . however , , where the second member state applies the schengen acquis in full , it may require the eu blue card holder , when crossing an external border , to provide evidence of the business purpose of his or her stay in that member state .


### the second member state shall reject an application for an eu blue card where the third - country national poses a threat to public policy , public security or public health . ### the second member state shall inform the first member state in writing at the same time as informing the eu blue card holder , his or her employer , or both , of any objection to mobility and may oblige the eu blue card holder and his or her family members , in accordance with procedures provided for in national law , to leave its territory .


### where the eu blue card holder moves to a second member state in accordance with article 20 and where the family was already constituted in the first member state , the members of his or her family shall be authorised to accompany him or her and to enter and stay in the second member state based on the valid residence permits obtained as family members of an eu blue card holder in the first member state . ### where the eu blue card holder moves to a second member state in accordance with article 20 and where the family has joined the eu blue card holder or where the family has been constituted in the first member state , the members of the eu blue card holder ' s family shall be entitled to accompany him or her and to enter and stay in the second member state based on valid residence permits obtained as family members of the eu blue card holder in the first member state . where the eu blue card is issued by a member state not applying the schengen acquis in full and the family members of an eu blue card holder join him or her when crossing an external border for the purpose of moving to a second member state , the second member state shall be entitled to require that family members present their residence permits in the first member state as family members of the eu blue card holder .


### the second member state may require the family members concerned to present with their application for a residence permit : ### the second member state may require the family members concerned to transmit , with their application , their residence permit in the first member state together with a valid travel document , or certified copies thereof .


### member states may hold the employer of the eu blue card holder responsible for failure to comply with the conditions of mobility laid down in this chapter or for repetitively making use of the mobility provisions of this chapter in an abusive manner . ### member states shall hold the employer of the eu blue card holder responsible for deliberate failure to comply with the relevant conditions of mobility laid down in this chapter or for repetitively making use of the mobility provisions of this chapter in an abusive manner .


### member states shall make easily accessible to applicants the information on all the documentary evidence needed for an application and information on entry and residence conditions , including the rights , obligations and procedural safeguards , of the third - country nationals falling under the scope of this directive and of their family members . this information shall include information on the salary thresholds set in the member state concerned in accordance with article 5 , and , and on the applicable fees . ### member states shall make easily accessible to applicants the information on all the documentary evidence needed for an application and information on entry and residence conditions , including the rights , obligations and procedural safeguards , of the third - country nationals falling under the scope of this directive and of their family members . this information shall include , where applicable , information on the salary thresholds and where there is any fee for the application in the member state concerned , and information on any occupations or sectors of employment suffering acute levels of unemployment for the purposes of article 6 .


### every three years , and for the first time by [ five years after the date of entry into force of this directive ] , the commission shall report to the european parliament and the council on the application of this directive in the member states , in particular the assessment of the impact of articles 5 , 12 , 19 and 20 , and the impact of this directive on the national labour market situations . the commission shall propose any amendments that are necessary . ### every three years , and for the first time by [ five years after the date of entry into force of this directive ] , the commission shall report to the european parliament and the council on the application of this directive in the member states , in particular the assessment of the impact of articles 3 , 5 , 10 , 12 , 15 , 19 and 20 , and the impact of this directive on the national labour market situations . the commission shall propose any amendments that are necessary .


### following the terrorist attack of 26 june 2015 in sousse , tunisia , the council of the european union , in its conclusions of 20 july 2015 , stated that the union , in consultation with its member states , would explore the option of taking exceptional measures to support the tunisian economy . ### following the terrorist attack of 26 june 2015 in sousse , tunisia , the council of the european union , in its conclusions of 20 july 2015 , stated that the union , in consultation with its member states , would explore the option of taking exceptional and temporary measures to support the tunisian economy .


### in order to prevent fraud , the envisioned autonomous trade measures should be subject to compliance by tunisia with the union’s relevant rules regarding the origin of products and the procedures related thereto , as well as to tunisia’s effective administrative cooperation with the union . ### in order to prevent fraud and to ensure that the envisioned autonomous trade measures will really benefit the tunisian economy , they should be subject to compliance by tunisia with the union’s relevant rules regarding the origin of products and the procedures related thereto , as well as to tunisia’s effective administrative cooperation with the union .


### moderation of energy demand is one of the five dimensions of the energy union strategy adopted on 25 february 2015 . improving energy efficiency will benefit the environment , reduce greenhouse gas emissions , improve energy security by reducing dependence on energy imports from outside the union , cut energy costs for households and companies , help alleviate energy poverty and lead to increased jobs and economy - wide economic activity . this is in line with the union commitments made in the framework of the energy union and global climate agenda established by the paris agreement of december 2015 by the parties of the united nation framework convention on climate change . ### moderation of energy demand is one of the five dimensions of the energy union strategy adopted on 25 february 2015 . improving energy efficiency will benefit the environment , reduce greenhouse gas emissions , improve energy security by reducing dependence on energy imports from outside the union , cut energy costs for households and companies , benefit public health and help alleviate energy poverty and lead to increased jobs and economy - wide economic activity . this is in line with the union commitments made in the framework of the energy union and global climate agenda established by the paris agreement of december 2015 by the parties of the united nation framework convention on climate change .


### in view of the climate and energy framework for 2030 the energy savings obligation should be extended beyond 2020 . extending the commitment period beyond 2020 would create greater stability for investors and thus encourage long term investments and long term energy efficiency measures , such as the renovation of buildings . ### in view of the climate and energy framework for 2030 and the union ' s long - term decarbonisation goals the energy savings obligation should be extended beyond 2020 . extending the commitment period beyond 2020 would create greater stability for investors and thus encourage long term investments and long term energy efficiency measures , such as the renovation of buildings and moving towards ' nearly zero energy buildings ' .


### long term energy efficiency measures will continue delivering energy savings after 2020 but in order to contribute to the next union 2030 energy efficiency target , those measures should deliver new savings after 2020 . on the other hand , energy savings achieved after 31 december 2020 may not count towards the cumulative savings amount required for the period from 1 january 2014 to 31 december 2020 . ### long term energy efficiency measures will continue delivering energy savings after 2020 but in order to contribute to the next union 2030 energy efficiency target , those measures should deliver new savings after 2020 . in order to achieve the 2030 mandatory eu target , the directive must make provision for the consequences of non - compliance with national indicative targets on justified grounds . on the other hand , energy savings achieved after 31 december 2020 may not count towards the cumulative savings amount required for the period from 1 january 2014 to 31 december 2020 .


### energy savings which result from the implementation of union legislation may not be claimed unless the measure in question goes beyond the minimum required by the union legislation in question , whether by setting more ambitious energy efficiency requirements at national level or increasing the take up of the measure . recognising that renovation of buildings is an essential and long term element in increasing energy savings , it is necessary to clarify that all energy savings stemming from measures promoting the renovation of existing buildings can be claimed if they are additional to developments that would have happened in the absence of the policy measure and if the member state demonstrates that the obligated , participating or entrusted party has actually contributed to the achievement of the savings claimed from the measure in question . ### energy savings which result from the implementation of union legislation may not be claimed unless the measure in question goes beyond the minimum required by the union legislation in question , whether by setting more ambitious energy efficiency requirements at national level or increasing the take up of the measure . buildings constitute a substantial potential for further increasing energy efficiency and renovation of buildings is an essential and long term element in increasing energy savings , thus it is necessary to clarify that all energy savings stemming from measures promoting the renovation of existing buildings can be claimed if they are additional to developments that would have happened in the absence of the policy measure and if the member state demonstrates that the obligated , participating or entrusted party has actually contributed to the achievement of the savings claimed from the measure in question .


### improvements to the energy efficiency of buildings should benefit in particular consumers affected by energy poverty . member states can already require obligated parties to include social aims in energy saving measures , in relation to energy poverty , and this possibility should now be extended to alternative measures and transformed into an obligation while leaving full flexibility to member states with regard to the size , scope and content of such measures . in line with article 9 of the treaty , the union ' s energy efficiency policies should be inclusive and therefore also ensure accessibility of energy efficiency measures for energy poor consumers . ### improvements to the energy efficiency of buildings should benefit in particular low - income consumers at risk of energy poverty . member states can already require obligated parties to include social aims in energy saving measures , in relation to energy poverty , and this possibility should now be extended to alternative measures , strengthened to require a significant share to be implemented as a priority , and transformed into an obligation while leaving full flexibility to member states with regard to the size , scope and content of such measures . in line with article 9 of the treaty , the union ' s energy efficiency policies should be inclusive and therefore also ensure accessibility of energy efficiency measures for energy poor consumers .


### as part of the measures set out in the commission ' s communication new deal for energy consumers , in the context of the energy union and the heating and cooling strategy , consumers ' minimum rights to clear and timely information about their energy consumption need to be strengthened . articles 9 to 11 and annex vii of directive 2012 / 27 / eu should be amended to provide for frequent and enhanced feedback on energy consumption . it should also clarified that rights relating to billing and billing information apply for consumers of heating , cooling or hot water supplied from a central source even where they have no direct , individual contractual relationship with an energy supplier . therefore , for the purposes of these provisions , the term ' final user ' , should cover final customers purchasing heating , cooling or hot water for their own use as well as occupants of individual units of multi - apartment or multi - purpose buildings where such units are supplied from a central source . the term ' sub - metering ' should refer to measuring consumption in individual units of such buildings . by 1 january 2020 newly installed heat meters and heat cost allocators should be remotely readable to ensure cost - effective , frequent provision of consumption information . the new article 9a is intended to apply only to heating , cooling and hot water supplied from a central source . ### as part of the measures set out in the commission ' s communication new deal for energy consumers , in the context of the energy union and the heating and cooling strategy , consumers ' minimum rights to clear and timely information about their energy consumption need to be strengthened . articles 9 to 11 and annex vii of directive 2012 / 27 / eu should be amended to provide for frequent and enhanced feedback on energy consumption . it should also clarified that rights relating to billing and billing information apply for consumers of heating , cooling or hot water supplied from a central source even where they have no direct , individual contractual relationship with an energy supplier . therefore , for the purposes of these provisions , the term ' final user ' , should cover final customers purchasing heating , cooling or hot water for their own use as well as occupants of individual units of multi - apartment or multi - purpose buildings where such units are supplied from a central source and the installation of heat meters and heat cost allocators is technically and economically feasible . the term ' sub - metering ' should refer to measuring consumption in individual units of such buildings . by 1 january 2020 newly installed heat meters and heat cost allocators should be remotely readable to ensure cost - effective , frequent provision of consumption information , while protecting the personal data of final users . the new article 9a is intended to apply only to heating , cooling and hot water supplied from a central source .