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


### the law applicable to the contracts concluded by the undertaking with its workers , on the one hand , and with its clients , on the other hand , ### the place where the enterprise generates al least 25% of its turnover ;


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


### role of the member state of establishment ### cooperation between the member state of establishment and the host member state


### for the purpose of implementing , applying and enforcing directive 96 / 71 / ec the competent authorities shall take into account factual elements characterising the activities carried out by an undertaking in the state in which it is established in order to determine whether it genuinely performs substantial activities , other than purely internal management and / or administrative activities . such elements may include : ### for the purpose of implementing , applying and enforcing directive 96 / 71 / ec the competent authorities shall make an overall assessment of all factual elements characterising the activities carried out by an undertaking in the member state in which it is established and , where necessary , in the member state to which the posting takes place , in order to determine whether it genuinely performs substantial activities , other than purely internal management and / or administrative activities in the member state of establishment or the employment of staff only in the member state to which the posting takes place . all the following conditions shall apply . the member state of establishment is :


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


### member states may continue to apply bilateral arrangements concerning administrative cooperation between their competent authorities as regards the application and monitoring of the terms and conditions of employment applicable to posted workers referred to in article 3 of directive 96 / 71 / ec , in so far as these arrangements do not adversely affect the rights and obligations of the workers and companies concerned . ### member states may continue to apply bilateral arrangements or conclude new bilateral agreements concerning administrative cooperation between their competent authorities as regards the application and monitoring of the terms and conditions of employment applicable to posted workers referred to in article 3 of directive 96 / 71 / ec , in so far as these arrangements do not adversely affect the rights and obligations of the workers and companies concerned .


### for the purpose of implementing , applying and enforcing directive 96 / 71 / ec the competent authorities shall take into account factual elements characterising the activities carried out by an undertaking in the state in which it is established in order to determine whether it genuinely performs substantial activities , other than purely internal management and / or administrative activities . such elements may include : ### for the purpose of implementing , applying and enforcing directive 96 / 71 / ec the competent authorities shall take into account factual elements characterising the activities carried out by an undertaking in the state in which it is established and in the host member state in order to determine whether it genuinely performs substantial activities . purely internal management and / or administrative activities in the member state of establishment or purely staffing activities in the host member state preclude posting . such elements shall include at least :


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


### this paragraph shall also apply in cases where the posted workers have returned from the member state to which the posting took place . ### this paragraph shall also apply in cases where the posted workers have returned from the member state to which the posting took place and also in the case of bogus self - employment .


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


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


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


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


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


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


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


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


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


### member states shall ensure the confidentiality of the information which they exchange . information exchanged shall be used only in respect of the matter for which it was requested . ### member states shall ensure the confidentiality of the information which they exchange in accordance with national law and practice .


### this directive aims to guarantee respect for an appropriate level of minimum protection of the rights of posted workers for the cross - border provision of services , while facilitating the exercise of the freedom to provide services for service providers and promoting fair competition between service providers . ### this directive aims to guarantee respect for an appropriate level of protection of the rights of posted workers for the cross - border provision of services , while promoting fair competition between service providers .


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


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


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


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


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


### the place where the undertaking has its registered office and administration , uses office space , pays taxes , has a professional licence or is registered with the chambers of commerce or professional bodies , ### the place where the undertaking performs its substantial business activity in the sector where the posted worker is employed ,


### inspections ### controls and inspections


### for the purpose of implementing , applying and enforcing directive 96 / 71 / ec the competent authorities shall take into account factual elements characterising the activities carried out by an undertaking in the state in which it is established in order to determine whether it genuinely performs substantial activities , other than purely internal management and / or administrative activities . such elements may include : ### for the purpose of implementing , applying and enforcing directive 96 / 71 / ec the competent authorities shall take into account factual elements characterising the activities carried out by an undertaking in the member state in which it is established in order to determine whether it genuinely posts workers to the territory of another member state in the framework of transnational provision of services . such elements may only include :


### the work is carried out for a limited period of time in another member state ; ### the work is carried out for a limited period of time in another member state . in particular , attention shall be paid to the time spent by the worker on posting compared to the length of employment in the habitual place of work ;


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


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


### travel , board and lodging / accommodation is provided or reimbursed by the employer who posts the worker , and if so , how this is done ; as well as ### travel , board and lodging / accommodation is provided or reimbursed by the employer who posts the worker ;


### the work is carried out for a limited period of time in another member state ; ### the work is carried out for a limited period of time of a maximum of six months in another member state ; with the agreement of the social partners of the member states to which the posting takes place , the posting period can be longer , but cannot in any case exceed one year ; particular attention shall be paid to the time spent by the worker on posting compared to the length of employment in the habitual place of work ;


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


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


### member states shall ensure that the procedures and formalities relating to the posting of workers can be completed easily by undertakings , at a distance and by electronic means as far as possible . ### member states shall ensure that the procedures and formalities relating to the posting of workers can be completed by undertakings , at a distance and by electronic means as far as possible .


### the commission shall examine the notification taking into account the number of member states affected by any of the situations described in paragraph 1 and the overall impact of the increases on the migratory situation in the union as the latter appears from the data provided by the member states as well as from reports prepared by frontex and / or the european asylum support office , and , within three months following receipt thereof , the commission may adopt an implementing decision suspending the exemption of visa requirement for the nationals of the third country concerned for a period of six months . the implementing decision shall be adopted in accordance with the procedure referred to in article 4a . the implementing decision shall determine the date on which the suspension of the exemption of visa requirement is to take effect . ### the commission shall inform the european parliament and the council without delay of the notification received by the member states concerned and examine the notification taking into account the number of member states affected by any of the situations described in paragraph 1 and the overall impact of the increases on the migratory situation in the union as the latter appears from the data provided by the member states as well as from reports prepared by frontex and / or the european asylum support office and , within three months following receipt thereof , the commission shall send the results of its examination to the european parliament and the council , which shall have one week in which to give their consent , after which the commission may adopt an implementing decision suspending the exemption of visa requirement for the nationals of the third country concerned for a period of six months . the implementing decision shall be adopted in accordance with the procedure referred to in article 4a . the implementing decision shall determine the date on which the suspension of the exemption of visa requirement is to take effect .


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


### to increase the value added of the union ' s cohesion policy , the specific provisions should lead to considerable simplification on all levels involved : beneficiaries , programme authorities , participating member states and third countries , as well as the commission . ### to increase the value added of the union ' s cohesion policy in general , and to take into account the multicountry dimension of european territorial cooperation , the specific provisions should lead to considerable simplification on all levels involved : beneficiaries , programme authorities , participating member states and third countries , as well as the commission , since beneficiaries may have to enforce different sets of rules , both from the union itself , from one or several member states and possibly from third countries . particular attention should be paid to the need to avoid inconsistencies between those different sets of rules and to avoid increasing administrative burden .


### a single audit authority should be responsible for carrying out all functions listed in article 116 of regulation no [ … ] / 2012 [ cpr ] in order to ensure uniform standards across the whole programme area . where this is not possible , a group of auditors should be able to assist the programme audit authority . ### a single audit authority should be responsible for carrying out all functions listed in article 116 of regulation no [ … ] / 2012 [ cpr ] in order to ensure uniform standards across the whole programme area . where this is not possible , a group of auditors should be able to assist the programme audit authority . the application of international audit standards should be required to ensure an adequate level of quality with regard to that audit work .


### for cross - border cooperation , the regions to be supported shall be the nuts level 3 regions of the union along all internal and external land borders other than those covered by programmes under the external financial instruments of the union , and all nuts level 3 regions of the union along maritime borders separated by a maximum of 150 km , without prejudice to potential adjustments needed to ensure the coherence and continuity of cooperation programme areas established for the 2007 - 2013 programming period . ### for cross - border cooperation , the regions to be supported shall be the nuts level 3 regions of the union along all internal and external land borders other than those covered by programmes under the external financial instruments of the union , and all nuts level 3 regions of the union along maritime borders separated by a maximum of 150 km , without prejudice to potential adjustments needed to ensure the coherence and continuity of cooperation programme areas established for the 2007 - 2013 programming period . the above - mentioned maximum limit of 150 km shall not apply to island regions within the limits of their sea basin area , so as to promote cooperation actions based on a common strategy within their functional area .


### developing and implementing joint education and training schemes ; ### developing and implementing joint education and training schemes as well as joint initiatives to safeguard inclusive school climate and reduce early school leaving ;


### for the benefit of the regions of the union , a mechanism to organise support from the erdf to external policy instruments such as eni and ipa should be set up , including where external cooperation programmes cannot be adopted or have to be discontinued . ### for the benefit of the regions of the union , a mechanism to organise support from the erdf to external policy instruments such as eni and ipa ii should be set up , including where external cooperation programmes cannot be adopted or have to be discontinued . this mechanism should seek to achieve optimal functioning and the maximum possible coordination between these instruments .


### the power to adopt delegated acts referred to in article 17 shall be conferred on the commission for an indeterminate period of time from the date of entry into force of this regulation . ### the power to adopt delegated acts referred to in article 17 shall be conferred on the commission for a period of 5 years from the date of entry into force of this regulation . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### for the purposes of articles 113 and of regulation no [ &#8230 ; ] / 2012 [ cpr ] , member states participating in a cooperation programme shall appoint a single managing authority and , for the purpose of article 113 of that regulation , a single audit authority , which shall be situated in the same member state . 2 . the managing authority shall receive the payments made by the commission and shall make payments to the lead beneficiary in accordance with article 122 of regulation no [ … ] / 2012 [ cpr ] . ### for the purposes of article 113 of regulation no [ . . . ] / 2012 [ cpr ] , member states participating in a cooperation programme shall designate a single managing authority , for the purpose of article 113 of that regulation , a single certifying authority , and , for the purpose of article 113 of that regulation , a single audit authority . the managing authority and the audit authority shall be situated in the same member state . member states participating in a cooperation programme may designate the managing authority to be responsible for carrying out the functions of the certifying authority . such a designation shall be without prejudice to the apportionment of liabilities in relation to the application of financial corrections among the participating member states as laid down in the cooperation programme 2 . the certifying authority shall receive the payments made by the commission and shall , as a general rule , make payments to the lead beneficiary in accordance with article 122 of regulation no [ . . . ] / 2012 [ cpr ] .


### in 2015 and 2016 , the annual contribution from the erdf to the programmes under eni and ipa for which no programme has been submitted to the commission by 30 june under the cross - border and sea - basin programmes under eni and ipa shall be allocated to the internal cross - border cooperation programmes under paragraph 1 in which the member state concerned participates . ### in 2015 and 2016 , the annual contribution from the erdf to the programmes under eni and ipa for which no programme has been submitted to the commission by 30 june under the cross - border and sea - basin programmes under eni and ipa shall be allocated to the cross - border cooperation programmes under paragraph 1 in which the member state concerned participates .


### the power to adopt delegated acts referred to in article 17 shall be conferred on the commission for an indeterminate period of time from the date of entry into force of this regulation . ### the power to adopt delegated acts referred to in article 17 shall be conferred on the commission for a period of 3 years .


### the powers to adopt the delegated acts referred to in this directive shall be conferred on the commission for an indeterminate period of time . ### the powers to adopt the delegated acts referred to in this directive shall be conferred on the commission for a period of five years , commencing on the last date of transposition of the directive . in the event of no reason arising or explicit request being made to change specific aspects of this directive , this period shall be taken to be extended .


### in order to enhance the free movement of fruit juices and certain similar products within the european union , council directive 2001 / 112 / ec of 20 december 2001 relating to fruit juices and certain similar products intended for human consumption has laid down specific provisions regarding production , composition and labelling of the products concerned . those rules should be adapted to technical progress and should take account of developments in relevant international standards , in particular the codex standard for fruit juices and nectars which was adopted by the codex alimentarius commission during its 28th session on 4 - 9 july 2005 and the code of practice of the european fruit juice association . ### in order to protect the interests of consumers and provide them with as much information as possible and to enhance the free movement of fruit juices and certain similar products within the european union , council directive 2001 / 112 / ec of 20 december 2001 relating to fruit juices and certain similar products intended for human consumption has laid down specific provisions regarding production , composition and labelling of the products concerned . the concepts should be clarified and clearly differentiated categories established in order to adapt those rules to technical progress and take account of developments in relevant international standards , in particular the codex standard for fruit juices and nectars which was adopted by the codex alimentarius commission during its 28th session on 4 - 9 july 2005 and the code of practice of the european fruit juice association . 1 oj l 10 , of 12 . 1 . 2002 , p . 58 .


### in order to bring this directive in line with the technical progress and to take account of developments in relevant international standards , the commission may by means of delegated acts adapt the annexes , except of part i of annex i , and of annex ii . ### in order to bring this directive in line with technical progress and to take account of developments in relevant international standards , the commission may by means of delegated acts adapt the annexes , except for part i of annex i , part ii point 2 of annex i , and annex ii .


### the fermentable but unfermented product obtained by adding water and / or sugars and / or honey to the products defined in parts i . 1 , i . 2 , i . 3 and i . 4 , to fruit purée and / or to concentrated fruit purée and / or to a mixture of those products , that product , moreover , meeting the requirements of annex iv . ### the fermentable but unfermented product obtained by adding water , with or without the addition of sugars and / or honey , to the products defined in parts i . 1 , i . 2 , i . 3 and i . 4 , to fruit purée and / or to concentrated fruit purée and / or to a mixture of those products , that product , moreover , meeting the requirements of annex iv .


### where fruit nectars are manufactured without added sugar or with low energy value , sugars may be replaced wholly or partially by sweeteners , in accordance with regulation no 1333 / 2008 . ### where fruit nectars are manufactured without added sugar or with reduced energy value , sugars may be replaced wholly or partially by sweeteners , in accordance with regulation no 1333 / 2008 .


### based on forecasts of biofuel demand provided by the member states and estimates of indirect land - use change emissions for different biofuel feedstocks it is likely that greenhouse gas emissions linked to indirect land use change are significant , and could negate some or all of the greenhouse gas savings of individual biofuels . this is because almost the entire biofuel production in 2020 is expected to come from crops grown on land that could be used to satisfy food and feed markets . in order to reduce such emissions , it is appropriate to distinguish between crop groups such as oil crops , cereals , sugars and other starch containing crops accordingly . ### based on forecasts of biofuel demand provided by the member states and estimates of indirect land - use change emissions for different biofuel feedstocks greenhouse gas emissions linked to indirect land use change are significant , and will negate some or all of the greenhouse gas savings of individual biofuels . this is because almost the entire biofuel production in 2020 is expected to come from crops grown on land that could be used to satisfy food and feed markets . furthermore , increased use of biofuels produced from food crops contributes to food price volatility and could have negative impacts on global food security . this has had significant negative social impacts on livelihoods and the ability to realise human rights including the right to food or access to land for local communities living in poverty in countries outside the union . in order to reduce such emissions and such negative social impacts , it is appropriate to focus in particular on reducing the projected use of biofuels grown on land .


### the objectives of this directive , to ensure a single market for fuel for road transport and non - road mobile machinery and ensure respect for minimum levels of environmental protection from use of this fuel , cannot be sufficiently achieved by the member states and can therefore be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on the functioning of the european union . in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary in order to achieve those objectives . ### the objectives of this directive must ensure a single market for fuel for the transport sector and ensure that minimum levels of environmental protection are respected and adverse effects on food security and land use rights are avoided in connection with the production and use of such fuel . these objectives cannot be sufficiently achieved by the member states and can therefore be better achieved at union level ; the union may thus adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on the functioning of the european union . in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary in order to achieve those objectives .


### the objectives of this directive , to ensure a single market for fuel for road transport and non - road mobile machinery and ensure respect for minimium levels of environmental protection from use of this fuel , cannot be sufficiently achieved by the member states and can therefore be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on the functioning of the european union . in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary in order to achieve those objectives . ### the objectives of this directive are to ensure a single market for fuel for road transport and non - road mobile machinery and to ensure that minimum levels of environmental protection are respected and adverse effects on food security and land use rights are avoided in connection with the production and use of such fuel . these objectives cannot be sufficiently achieved by the member states and can therefore be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on the functioning of the european union . in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary in order to achieve those objectives .


### in order to ensure the long - term competitiveness of bio - based industrial sectors , and in line with the 2012 communication ' innovating for sustainable growth : a bioeconomy for europe ' and the roadmap to a resource efficient europe , promoting integrated and diversified biorefineries across europe , enhanced incentives under directive 2009 / 28 / ec should be set in a way that gives preference to the use of biomass feedstocks that do not have a high economic value for other uses than biofuels . ### in order to ensure the long - term competitiveness of bio - based industrial sectors , and in line with the 2012 communication ' innovating for sustainable growth : a bioeconomy for europe’ and the roadmap to a resource efficient europe , promoting integrated and diversified biorefineries across europe , enhanced incentives under directive 2009 / 28 / ec should be set in a way that gives preference to the use of biomass feedstocks that do not have a high economic value for other uses than biofuels , that use waste materials for energy purposes only in accordance with the waste hierarchy , that do not compete for the use of land and water so to protect land and food rights and that do not reduce organic matter , thereby having adverse environmental repercussions on the local ecosystem .


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


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


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


### selected candidates from national diplomatic services who are seconded by their member states should be employed as temporary agents and thus be put on equal footing with officials . the implementing provisions to be adopted by the eeas should guarantee career perspectives for temporary agents that are equivalent to those of officials . ### selected candidates from national diplomatic services who are seconded by their member states should be employed as temporary agents and thus be put on equal footing with officials . the implementing provisions to be adopted by the eeas should guarantee equivalent career prospects for temporary agents and officials .


### under the conditions set out in article 7 and notwithstanding articles 4 and 29 , the appointing authorities of the institutions concerned may in exceptional cases , acting by common agreement and solely in the interests of the service , after having heard the official concerned , transfer him from the council or the commission to the eeas without notifying the staff of the vacant post . an eeas official may be transferred to the council or the commission under the same conditions . ### until 30 june 2014 , with regard to those officials who have been transferred to the eeas pursuant to the council decision adopted in accordance with article 27 of the treaty on european union , by derogation from articles 4 and 29 of these staff regulations and under the conditions set out in article 7 , the appointing authorities of the institutions concerned may in exceptional cases , acting by common agreement and solely in the interest of the service , after having heard the official concerned , transfer such an eeas official from the eeas to a vacant post of the same grade in the general secretariat of the council or in the commission without notifying the staff of the vacant post .


### in order to ease the administrative burden of the eeas , the disciplinary board established in the commission should also serve as the disciplinary board for the eeas , unless the high representative of the union for foreign affairs and security policy and vice - president of the commission decides to establish a disciplinary board for the eeas . ### in order to ease the administrative burden of the eeas , the disciplinary board established in the commission should also serve as the disciplinary board for the eeas , until the high representative decides to establish a disciplinary board for the eeas . such decision should be taken by 31 december 2011 at the latest .


### however , in respect of heads of delegation , the powers concerning appointments shall be exercised on the basis of a list of candidates on which the commission has agreed within the framework of the powers that the treaties confer on it . this shall apply mutatis mutandis to transfers in the interests of the service . ### in respect of heads of delegation , the powers concerning appointments shall be exercised , using a thorough selection procedure , based on merit and having regard to gender and geographical balance , on the basis of a list of candidates on which the commission has agreed within the framework of the powers that the treaties confer on it1 . this shall apply mutatis mutandis to transfers in the interest of the service made in exceptional circumstances and for a defined temporary period to a post of head of delegation . ____________________ 1 statement by the commission : ' the commission will duly motivate vis - à - vis the high representative any negative opinion it might express concerning a person on the list of candidates ' .


### in order to take account of specific situations in a flexible manner , a transfer of officials in the interests of the service , that is without prior publication of the vacant post , from the council or the commission to the eeas should also be made possible in exceptional cases . similarly , it should be possible to transfer officials in the interest of the service from the eeas to the council or the commission . ### until 30 june 2013 , in order to take account of specific situations in a flexible manner , a transfer of officials in the interests of the service with their post , that is without prior publication of a vacant post , from the council or the commission to the eeas should also be made possible in duly justified exceptional cases .


### in order to take account of specific situations in a flexible manner , a transfer of officials in the interests of the service , that is without prior publication of the vacant post , from the council or the commission to the eeas should also be made possible in exceptional cases . similarly , it should be possible to transfer officials in the interest of the service from the eeas to the council or the commission . ### in order to take account of specific situations in a flexible manner , a transfer of officials in the interests of the service , that is without prior publication of the vacant post , from the council or the commission to the eeas should also be made possible in duly justified exceptional cases . similarly , it should be possible to transfer officials in the interest of the service from the eeas to the council or the commission .


### in order to avoid unnecessary restrictions on the employment in the eeas of staff from national diplomatic services , specific rules on the length of contracts should be adopted . for this particular category of temporary staff , the rules on secondment , leave on personal grounds and maximum retirement age should be aligned with those applicable to officials . ### in order to avoid unnecessary restrictions on the employment in the eeas of staff from national diplomatic services , specific rules on the length of contracts should be adopted , together with a guarantee of reinstatement at the end of their period of service , in accordance with relevant provisions . for this particular category of temporary staff , the rules on secondment and maximum retirement age should be aligned with those applicable to officials .


### unless the high representative of the union for foreign affairs and security policy and vice - president of the commission decides to establish a disciplinary board for the eeas , the disciplinary board of the commission shall also serve as the disciplinary board for the eeas . ### until the high representative decides to establish a disciplinary board for the eeas , the disciplinary board of the commission shall also serve as the disciplinary board for the eeas . the high representative ' s decision shall be taken no later than 31 december 2011 .


### it is appropriate to clarify that staff of the eeas who carry out tasks for the commission as part of their duties should follow instructions given by the commission . likewise , commission officials working in union delegations should follow instructions from the head of delegation , in particular on organisational and administrative matters and on the implementation of the union budget . ### it is appropriate to clarify that staff of the eeas who carry out tasks for the commission as part of their duties should follow instructions given by the commission under the overall responsibility of the head of delegation . likewise , commission officials working in union delegations should follow instructions from the head of delegation , in particular on organisational and administrative matters and on the implementation of the union budget .


### it is necessary to ensure that staff from national diplomatic services , candidates from the council and the commission as well as internal candidates can apply for posts in the eeas on an equal footing . from 1 july 2013 at the latest this should also apply to officials from other institutions . however , in order to guarantee proper representation of staff from national diplomatic services in the eeas , the high representative of the union for foreign affairs and security policy and vice - president of the commission should be able to decide that for posts in function group ad , until 30 june 2013 , priority may be given to candidates from national diplomatic services of the member states in case of substantially equal qualifications . ### it is necessary to ensure that staff from national diplomatic services , candidates from the council and the commission and internal candidates can apply for posts in the eeas on an equal footing . from 1 january 2012 at the latest this should also apply to officials from other institutions . however , in order to guarantee proper representation of staff from national diplomatic services in the eeas , the high representative of the union for foreign affairs and security policy and vice - president of the commission should be able to decide that for posts in function group ad , until 31 december 2011 or until staff from national diplomatic services reach one - third of eeas staff at ad level , whichever date is the earliest , priority may be given to candidates from national diplomatic services of the member states in the event of substantially equal qualifications .


### for the avoidance of doubt , it should be confirmed that officials and temporary staff occupying a post in an organisational entity which is transferred from the general secretariat of the council or the commission to the eeas pursuant to the council decision referred to in article 27 of the treaty on european union are deemed to be transferred with the post . this should also apply to contract and local staff assigned to such an organisational entity . specific measures should be taken to ensure that the staff concerned by the transfer receive appropriate career guidance and assistance . ### for the avoidance of doubt , it should be confirmed that officials and temporary staff occupying a post in an organisational entity which is transferred from the general secretariat of the council or the commission to the eeas pursuant to the council decision 2010 / 427 / eu of 26 july 2010 establishing the organisation and functioning of the european external action service1 are deemed to be transferred with the post . this should apply mutatis mutandis to contract and local staff assigned to such an organisational entity . the staff concerned by this transfer will be informed in advance . 1 oj l 201 , 3 . 8 . 2010 , p . 30 .


### in order to ensure coherent representation of commission and eeas staff in delegations , it should be provided that the staff committee of the commission also represents eeas staff , who would be entitled to vote and stand as candidates in its elections . ### until a staff committee is set up within the eeas in accordance with the first indent of article 9 of the staff regulations , which should be by 31 december 2011 at the latest , it should be provided that the staff committee of the commission also represents eeas staff , who would be entitled to vote and stand as candidates in its elections .


### it is necessary to ensure that staff from national diplomatic services , candidates from the council and the commission as well as internal candidates can apply for posts in the eeas on an equal footing . from 1 july 2013 at the latest this should also apply to officials from other institutions . however , in order to guarantee proper representation of staff from national diplomatic services in the eeas , the high representative of the union for foreign affairs and security policy and vice - president of the commission should be able to decide that for posts in function group ad , until 30 june 2013 , priority may be given to candidates from national diplomatic services of the member states in case of substantially equal qualifications . ### in order to give effect to article 27 of the treaty on european union , which identifies three sources of staff for the eeas , it should be provided that until 30 june 2013 the eeas will recruit exclusively officials originating from the general secretariat of the council and the commission as well as staff from the diplomatic services of the member states . during this period , it is necessary to ensure that staff from national diplomatic services , candidates from the general secretariat of the council and the commission as well as internal candidates can apply for posts in the eeas on an equal footing . during the same period , it should however be possible , in exceptional cases and after having exhausted the possibilities to recruit from the three exclusive sources , to recruit from outside those sources technical support staff at ad level necessary for the good functioning of the eeas , such as specialists in the areas of crisis management , security and it . from 1 july 2013 access to posts in the eeas should also be opened to officials from other institutions .


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


### from a date fixed by the high representative of the union for foreign affairs and security policy and vice - president of the commission , but at the latest from 1 july 2013 , the appointing authority shall also consider the applications of officials from other institutions without giving priority to any of these categories . ### from a date fixed by the high representative of the union for foreign affairs and security policy and vice - president of the commission , but at the latest from 1 january 2012 , the appointing authority shall also consider the applications of officials from other institutions without giving priority to any of these categories .


### they may be engaged for a maximum period of four years . contracts may be renewed more than once for a maximum period of four years for each renewal . a renewal shall be granted on condition that the secondment from the national diplomatic service is extended for the period of renewal . ### they may be engaged for a maximum period of four years . contracts may be renewed for a maximum period of four years . in total , engagement should not exceed eight years . however , in exceptional circumstances and in the interest of the service , at the end of the eighth year , the contract may be extended for a maximum period of two years . each member state shall provide its officials who have become temporary agents in the eeas with a guarantee of immediate reinstatement at the end of their period of service to the eeas , in accordance with the applicable provisions of its national law .


### selected candidates from national diplomatic services who are seconded by their member states should be employed as temporary agents and thus be put on equal footing with officials . the implementing provisions to be adopted by the eeas should guarantee career perspectives for temporary agents that are equivalent to those of officials . ### selected candidates who are seconded by the national diplomatic services of the member states should be employed as temporary agents and thus be put on equal footing with officials . they should be recruited on the basis of an objective and transparent procedure and the implementing provisions to be adopted by the eeas should guarantee equivalent career prospects within the eeas for temporary agents and officials .


### for the purposes of article 29 and without prejudice to article 97 , when filling a vacant post in the eeas , the appointing authority shall consider the applications of officials of the council , the commission and the eeas , of temporary staff to whom article 2 of the conditions of employment of other servants applies and of staff from national diplomatic services of the member states without giving priority to any of these categories . ### for the purposes of article 29 , when filling a vacant post in the eeas , the appointing authority shall consider the applications of officials of the general secretariat of the council , the commission and the eeas , of temporary staff to whom article 2 of the conditions of employment of other servants applies and of staff from national diplomatic services of the member states without giving priority to any of these categories . until 30 june 2013 , by way of derogation from article 29 , for recruitment from outside the institution , the eeas shall recruit exclusively officials from the general secretariat of the council and from the commission as well as staff from the diplomatic services of member states . however , in exceptional cases and after having exhausted the possibilities to recruit in accordance with the above provisions , the appointing authority may decide to recruit from outside the sources listed in the first sentence technical support staff at ad level necessary for the good functioning of the eeas , such as specialists in the area of crisis management , security and it .


### from a date fixed by the high representative of the union for foreign affairs and security policy and vice - president of the commission , but at the latest from 1 july 2013 , the appointing authority shall also consider the applications of officials from other institutions without giving priority to any of these categories . ### as from 1 july 2013 , the appointing authority shall also consider the applications of officials from institutions other than those referred to in the first subparagraph without giving priority to any of these categories .


### in order to guarantee adequate representation of staff from national diplomatic services in the eeas , the high representative of the union for foreign affairs and security policy and vice - president of the commission may decide that , by derogation from article 98 of the staff regulations , priority may be given until 30 june 2013 for certain posts in function group ad in the eeas to candidates from national diplomatic services of the member states in case of substantially equal qualifications . ### in order to guarantee adequate representation of staff from national diplomatic services in the eeas , the high representative shall decide that , by way of derogation from articles 29 and 98 , first subparagraph , of the staff regulations , priority may be given until 30 june 2013 for certain posts in function group ad in the eeas to candidates from national diplomatic services of the member states in the case of equivalent qualifications .


### under the conditions set out in article 7 and notwithstanding articles 4 and 29 , the appointing authorities of the institutions concerned may in exceptional cases , acting by common agreement and solely in the interests of the service , after having heard the official concerned , transfer him from the council or the commission to the eeas without notifying the staff of the vacant post . an eeas official may be transferred to the council or the commission under the same conditions . ### until 30 june 2014 , with regard to those officials who have been transferred to the eeas pursuant to the council decision adopted in accordance with article 27 of the treaty on european union , by derogation from articles 4 and 29 of these staff regulations and under the conditions set out in article 7 , the appointing authorities of the institutions concerned may in exceptional cases , acting by common agreement and solely in the interest of the service , after having heard the official concerned , transfer such an eeas official from the eeas to a vacant post of the same grade in the general secretariat of the council or in the commission without notifying the staff of the vacant post .


### however , in respect of heads of delegation , the powers concerning appointments shall be exercised on the basis of a list of candidates on which the commission has agreed within the framework of the powers that the treaties confer on it . this shall apply mutatis mutandis to transfers in the interests of the service . ### in respect of heads of delegation , the powers concerning appointments shall be exercised , using a thorough selection procedure , based on merit and having regard to gender and geographical balance , on the basis of a list of candidates on which the commission has agreed within the framework of the powers that the treaties confer on it1 . this shall apply mutatis mutandis to transfers in the interest of the service made in exceptional circumstances and for a defined temporary period to a post of head of delegation . ____________________ 1 statement by the commission : ' the commission will duly motivate vis - à - vis the high representative any negative opinion it might express concerning a person on the list of candidates ' .


### by derogation from the first indent of article 9 , the staff committee of the commission shall also represent officials and other servants of the eeas . ### until a staff committee is set up within the eeas in accordance with the first indent of article 9 , which shall be no later than 31 december 2011 , by way of derogation from the provision contained in that indent , the staff committee of the commission shall also represent officials and other servants of the eeas .


### it is appropriate to clarify that staff of the eeas who carry out tasks for the commission as part of their duties should follow instructions given by the commission . likewise , commission officials working in union delegations should follow instructions from the head of delegation , in particular on organisational and administrative matters and on the implementation of the union budget . ### it is appropriate to clarify that staff of the eeas who carry out tasks for the commission as part of their duties should , in accordance with article 221 of the treaty on the functioning of the european union , follow instructions given by the commission . likewise , commission officials working in union delegations should follow instructions from the head of delegation .


### notwithstanding article 11 , a commission official working in a union delegation shall take instructions from the head of delegation , in particular on organisational and administrative matters and , in accordance with legal acts adopted under article 322 of the treaty on the functioning of the european union , on the implementation of the union budget . an eeas official who has to carry out tasks for the commission as part of his duties shall take instructions from the commission with regard to those tasks . the modalities for implementing this article shall be agreed between the commission and the eeas . ### notwithstanding article 11 , a commission official working in a union delegation shall take instructions from the head of delegation in accordance with latter ' s role as provided for in article 5 of the council decision 2010 / 427 / eu of 26 july 2010 establishing the organisation and functioning of the european external action service1 . an eeas official who has to carry out tasks for the commission as part of his duties shall take instructions from the commission with regard to those tasks , in accordance with article 221 of the treaty on the functioning of the european union . the modalities for implementing this article shall be agreed between the commission and the eeas . 1 oj l 201 , 3 . 8 . 2010 , p . 30 .


### as regards social security , the institution shall be responsible for the employer ' s share of the social security contributions under current regulations in the place where the servant is to perform his duties , unless the seat agreement provides otherwise . the institution may set up an autonomous or complementary system of social security for countries where coverage by the local system either does not exist or is insufficient . ### as regards social security , the institution shall be responsible for the employer ' s share of the social security contributions under current regulations in the place where the servant is to perform his duties , unless the seat agreement provides otherwise . the institution shall set up an autonomous or complementary system of social security for countries where coverage by the local system either does not exist or is insufficient .


### [ proposal for a ] regulation of the european parliament and of the council establishing a common organisation of the markets in agricultural products provides that products bought under public intervention may be disposed of by making them available for the scheme for food distribution to the most deprived in the union if that scheme so provides . given that , depending on the circumstances , obtaining of food from the use , processing or sale of such stocks might be economically the most favourable option , it is appropriate to provide for such a possibility in this regulation . the amounts derived from a transaction concerning the stocks should be used for the benefit of the most deprived , and should not be applied so as to diminish the obligation of the member states to co - finance the programme . in order to ensure the most efficient possible use of the intervention stocks and the proceeds thereof , the commission should in accordance with article 19 of the regulation no [ cmo ] adopt implementing acts establishing procedures by which the products in intervention stocks may be used , processed or sold for the purposes of the most deprived programme . ### [ proposal for a ] regulation of the european parliament and of the council establishing a common organisation of the markets in agricultural products provides that products bought under public intervention may be disposed of by making them available for the scheme for food distribution to the most deprived in the union . given that , depending on the circumstances , obtaining of food from the use , processing or sale of such stocks remains a favourable option , it is appropriate to provide for such a possibility in this regulation . the amounts derived from a transaction concerning the stocks should be used for the benefit of the most deprived . in order to ensure the most efficient possible use of the intervention stocks , the commission should in accordance with article 19 of regulation no [ cmo ] adopt implementing acts establishing procedures by which the products in intervention stocks may be used , processed , sold at favourable prices and / or donated for the purposes of the programme for the most deprived .


### the co - financing rate at the level of the operational programme shall not be higher than 85% of the public eligible expenditure . ### the financing rate at the level of the operational programme shall be 100% of the public eligible expenditure .


### co - financing ### financing


### those provisions also ensure that the operations supported shall comply with applicable union and national laws , notably in regard to the safety of the goods that are distributed to the most deprived persons . ### those provisions also ensure that the operations supported shall comply with applicable union and national laws , notably in regard to the safety and quality of the goods that are distributed to the most deprived persons .


### the commission and the member states shall ensure the effectiveness of the fund , in particular through monitoring , reporting and evaluation . ### the commission and the member states shall ensure the effectiveness of the fund , in particular through monitoring , reporting and evaluation , as well as by informing the public on how the fund is implemented and how money is used .


### activities by organisations providing a promotional european platform for the development of emerging talent and stimulating the circulation of artists and works , with a systemic and large scale effect ; ### activities by organisations providing a european platform for the development of emerging talent and promoting the mobility and training of artists and professionals in the cultural and creative sectors , as well as the circulation of their works ;


### to this end , improve the capacity of financial institutions to assess cultural and creative projects , including technical assistance and networking measures . ### improving the capacity of participating financial intermediaries to assess the risks associated with smes and organisations in the cultural and creative sectors and their projects , including through technical assistance , knowledge - building and networking measures .


### ‘ operator’ means a professional , an organisation , a business or an institution active in the cultural and creative sectors ; ### ‘ cultural and creative operator’ means a professional , an organisation , an institution or a business , including smes , active in the cultural and creative sectors ;


### transnational exchange of experiences and knowhow on new business models , peer - learning activities and networking among cultural operators and policy makers related to the development of the cultural and creative sectors ; ### transnational exchange of experiences and know - how with regard to new business and / or governance models , interdisciplinary and multimedia projects , peer - learning activities and networking among cultural and creative operators and policy - makers related to the development of the cultural and creative sectors , in particular by promoting digital networking ;


### – the sectors ' share of employment and share of gdp ; ### – the cultural and creative sectors ' share of employment and share of gross domestic product ;


### increasing the capacity of audiovisual operators to develop audiovisual works with a potential to circulate in europe and beyond and to facilitate european and international co - production including with tv broadcasters ; ### increasing the capacity of audiovisual operators to develop and create audiovisual works with a potential to circulate in europe and beyond and to facilitate , in particular , european and international co - production including with tv broadcasters ;


### cooperation between the programme and international organisations in the field of culture and audiovisual such as unesco , the council of europe and in particular eurimages , oecd and the world intellectual property organisation needs to be fostered . ### cooperation between the programme and international organisations in the cultural and audiovisual fields such as unesco , the council of europe and in particular eurimages , oecd and the world intellectual property organisation and the european union national institutes for culture , needs to be fostered .


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


### the commission shall establish a facility targeting the cultural and creative sectors and operated within the context of a union debt instrument for small and medium - sized enterprises . this facility shall have the following priorities : ### the commission shall establish , in accordance with the rules laid down in annex i , a guarantee facility targeting the cultural and creative sectors . it shall be opened to cultural and creative smes and organisations established in a member state and shall :


### cooperation measures bringing together operators from different countries to undertake sectoral or cross - sectoral activities ; ### transnational cooperation measures and projects bringing together cultural and creative operators from different countries to undertake sectoral or cross - sectoral activities ;


### in addition to the regular monitoring the commission shall establish an external evaluation report no later than end - 2017 in order to assess the effectiveness in achieving the objectives and the efficiency of the programme and its european added value in view of a decision on the renewal , modification or suspension of the programme . the evaluation shall address the scope for simplification , its internal and external coherence , the continued relevance of all objectives , as well as the contribution of the measures to the union priorities of smart , sustainable and inclusive growth . it shall take into account evaluation results on the long - term impact of decision no 1855 / 2006 / ec , decision no 1718 / 2006 / ec and decision no 1041 / 2009 / ec of the european parliament and of the council . ### the commission shall ensure that the framework programme is evaluated regularly , externally and independently . in order to assess the effectiveness in achieving the objectives and the efficiency of the framework programme , the evaluation shall address the possibility of its being simplified , its internal and external coherence , and the continued relevance of its objectives . as well as considering the indicators referred to in paragraph 1 , the evaluation shall include an assessment of other relevant factors , such as the difference between the average interest rate of loans provided under the guarantee facility and the average interest rate of loans generally provided to smes under normal market conditions . evaluation results on the long - term impact of decision no 1855 / 2006 / ec , decision no 1718 / 2006 / ec and decision no 1041 / 2009 / ec of the european parliament and of the council shall also be taken into account . the commission shall present a mid - term evaluation report to the european parliament and the council by 31 december 2017 .


### facilitating the acquisition of skills and the development of networks and in particular encouraging the use of digital technologies to ensure the adaptation to market development ; ### facilitating the acquisition and improvement of skills and competences of audiovisual professionals and the development of networks , in particular the use of digital technologies to ensure adaptation to market development , testing new approaches to audience development and testing new business models ;


### the transnational character of its activities and their impact , which will complement national , international and other union programmes ; ### the transnational character of actions and activities &#8211 ; and their impact on , particular , the cultural and creative sectors &#8211 ; which will complement national , international and other union programmes and policies ;


### the culture strand shall provide support for the following measures : ### in order to implement the priorities set out in article 9 , the culture programme shall provide support for :


### to this end , improve the capacity of financial institutions to assess cultural and creative projects , including technical assistance and networking measures . ### improve the capacity of participating financial intermediaries to assess cultural and creative projects , including technical assistance and networking measures .


### ' cultural and creative sectors ' means all sectors whose activities are based on cultural values and / or artistic and creative expressions , whether these activities are market or non - market oriented and whatever the type of structure that carries them out . these activities include the creation , the production , the dissemination and the preservation of goods and services which embody cultural , artistic or creative expressions , as well as related functions such as education , management or regulation . the cultural and creative sectors include in particular architecture , archives and libraries , artistic crafts , audiovisual , cultural heritage , design , festivals , music , performing arts , publishing , radio and visual arts ; ### ' cultural and creative sectors ' means all sectors whose activities are based on cultural values and / or artistic and creative expressions , whether these activities are market or non - market oriented and whatever the type of structure that carries them out . these activities include the creation , the production , the dissemination and the preservation of goods and services which embody cultural , artistic or creative expressions , as well as related functions such as education , management or regulation . the cultural and creative sectors include in particular : – architecture , archives , libraries and museums , artistic crafts , cultural heritage , fashion , design , festivals , music , performing arts , publishing , radio and visual arts ; – the audiovisual sector ;


### support to the national members of the creative europe desks ' network to carry out the following tasks : ### the creative europe desks shall carry out the following tasks :


### this regulation establishes the creative europe programme for support to the european cultural and creative sectors for the period from 1 january 2014 to 31 december 2020 . ### this regulation establishes the creative europe framework programme to support the european cultural and creative sectors .


### market data , studies , anticipation skills and jobs ' tools , evaluations , policy analysis and support for statistical surveys ; ### the collection of market data , drafting of studies , analysis of labour market and skills needs , policy analysis and statistical surveys based on instruments and criteria specific to each sector ;


### the european capital of culture and the european heritage label help to strengthen the feeling of belonging to a common cultural area , and contribute to enhancing the value of cultural heritage . funding should be provided for these two union actions . ### funding should also be provided for the european capital of culture and the european heritage label actions , as they help to strengthen the feeling of belonging to a common cultural area and contribute to enhancing the value of cultural heritage .


### in order to foster policy development , innovation , audience building and business models in the cultural and creative sectors the commission shall implement the following support measures for transnational policy cooperation : ### in order to promote transnational policy cooperation , the cross - sectoral strand shall support :


### establish systems of support for the distribution of non - national european films on all platforms and for international sales activities ; ### measures to establish systems of support for the distribution of non - national european films through theatrical distribution and on all other platforms as well as for international sales activities ;


### supporting actions providing operators with skills and knowhow encouraging the adaption to digital technologies , including testing new approaches to audience building and business models ; ### supporting actions providing cultural and creative operators with skills , competences and know - how that contribute to strengthening the cultural and creative sectors , including encouraging adaptation to digital technologies , testing new approaches to audience development , promoting active participation , creative partnerships and developing and testing new business models ;


### the ‘ european agenda for culture in a globalizing world’ , endorsed by the council in a resolution of 16 november 2007 sets the objectives for future activities of the european union for the cultural and creative sectors . it aims to promote cultural diversity and intercultural dialogue , to promote culture as a catalyst for creativity in the framework for growth and jobs and to promote culture as a vital element in the union ' s international relations . ### the ‘ european agenda for culture in a globalising world’ , endorsed by the european parliament in its resolution of 10 april 20081 and by the council in a resolution of 16 november 2007 , sets the objectives for future activities of the union for the cultural and creative sectors . it aims to promote cultural diversity and intercultural dialogue , to promote culture as a catalyst for creativity in the framework for growth and jobs and to promote culture as a vital element in the union ' s international relations . __________________ 1 oj c 247 e , 15 . 10 . 2009 , p . 32 .


### the commission shall ensure regular monitoring and external evaluation of the creative europe programme against the following performance indicators . it has to be taken into account that the achievement of performance results depends on the complementary impact of other activities at european and national level affecting the cultural and creative sectors : ### the commission shall ensure regular monitoring and external evaluation of the framework programme against the following qualitative and quantitative performance indicators :


### the media strand shall provide support for the following measures : ### in order to implement the priorities set out in article 11 , the media programme shall provide support for :


### supporting audience building as a means of stimulating interest in european cultural works . ### supporting audience development as a means of stimulating interest in , and improving access to , european cultural works and cultural heritage ;


### providing support to strengthen european operators and international cultural networks in order to facilitate access to professional opportunities . ### providing support to european cultural and creative operators , in particular organisations and international networks , either in order to facilitate access to professional opportunities or to enhance their contribution to policy development and cultural advocacy at european level .


### the strands shall be open to the participation of the following countries provided that the conditions are met , including those contained within directive 2010 / 13 / eu of the european parliament and of the council of 10 march 2010 on the coordination of certain provisions laid down by law , regulation or administrative action in member states concerning the provision of audiovisual media services for the media strand , and additional appropriations are paid : ### the framework programme , with the exception of the measures listed in article 7 , shall be open to the participation of : – the member states , and – the following countries provided that the conditions are met or are in the process of being met , including , for the media programme , those laid down in directive 2010 / 13 / eu of the european parliament and of the council of 10 march 2010 on the coordination of certain provisions laid down by law , regulation or administrative action in member states concerning the provision of audiovisual media services , and provided that additional appropriations are paid :


### transnational cooperation stimulating more comprehensive , rapid and effective responses to global challenges and creating long - term systemic effects on the sectors ; ### transnational and transregional cooperation between cultural and creative operators , stimulating more comprehensive , rapid and effective responses to global challenges and creating long - term effects on those sectors , and innovative and inclusive development , inter alia at regional and local level , as well as intercultural dialogue and cooperation with third countries ;


### the programme shall only support those actions and activities presenting a potential european added value and contributing to the achievement of the objectives of the europe 2020 strategy and its flagship initiatives . ### in view of the intrinsic and economic value of culture , the framework programme shall support actions and activities presenting a european added value .


### the commission shall establish a facility targeting the cultural and creative sectors and operated within the context of a union debt instrument for small and medium - sized enterprises . this facility shall have the following priorities : ### the commission shall establish , in accordance with the rules laid down in annex i , a guarantee facility targeting the cultural and creative sectors . it shall be opened to cultural and creative smes and organisations established in a member state and shall :


### in addition to the regular monitoring the commission shall establish an external evaluation report no later than end - 2017 in order to assess the effectiveness in achieving the objectives and the efficiency of the programme and its european added value in view of a decision on the renewal , modification or suspension of the programme . the evaluation shall address the scope for simplification , its internal and external coherence , the continued relevance of all objectives , as well as the contribution of the measures to the union priorities of smart , sustainable and inclusive growth . it shall take into account evaluation results on the long - term impact of decision no 1855 / 2006 / ec , decision no 1718 / 2006 / ec and decision no 1041 / 2009 / ec of the european parliament and of the council . ### the commission shall ensure that the framework programme is evaluated regularly , externally and independently . in order to assess the effectiveness in achieving the objectives and the efficiency of the framework programme , the evaluation shall address the possibility of its being simplified , its internal and external coherence , and the continued relevance of its objectives . as well as considering the indicators referred to in paragraph 1 , the evaluation shall include an assessment of other relevant factors , such as the difference between the average interest rate of loans provided under the guarantee facility and the average interest rate of loans generally provided to smes under normal market conditions . evaluation results on the long - term impact of decision no 1855 / 2006 / ec , decision no 1718 / 2006 / ec and decision no 1041 / 2009 / ec of the european parliament and of the council shall also be taken into account . the commission shall present a mid - term evaluation report to the european parliament and the council by 31 december 2017 .


### – percentage of people reporting that they access european cultural works . ### – statistical data regarding access in the member states to non - national european cultural and creative works , in particular audiovisual works ;


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


### – the sectors ' share of employment and share of gdp ; ### – the cultural and creative sectors ' share of employment and share of gross domestic product ;


### support of a european cinema owners ' network screening a significant proportion of non - national european films , including the integration of digital technologies ; ### support for a european cinema owners ' network screening a significant proportion of non - national european films , including through the integration of digital technologies ;