### assistance should also be provided in compliance with the agreements concluded by the union with the beneficiaries listed in annex i . assistance should mainly focus on assisting the beneficiaries listed in annex i to strengthen democratic institutions and the rule of law , reform the judiciary and public administration , respect fundamental rights and promote gender equality , tolerance , social inclusion and non - discrimination . assistance should also support the key principles and rights as defined in the european pillar of social rights . 17 assistance should continue to support their efforts to advance regional , macro - regional and cross - border cooperation as well as territorial development , including through implementation of union macro - regional strategies . it should also enhance their economic and social development and economic governance , underpinning a smart , sustainable and inclusive growth agenda , including through implementation of regional development , agriculture and rural development , social and employment policies and the development of the digital economy and society , also in line with the flagship initiative digital agenda for the western balkans . _________________ 17 european pillar of social rights solemnly proclaimed by the european parliament , the council and the commission at the gothenburg social summit for fair jobs and growth , gothenburg 17 november 2017 . ### assistance should also be provided in compliance with the agreements concluded by the union with the beneficiaries listed in annex i . assistance should mainly focus on assisting the beneficiaries listed in annex i to strengthen democratic institutions and the rule of law , reform the judiciary and public administration , respect fundamental human rights , including the rights of persons belonging to minorities , protect minorities , promote gender equality , tolerance , social inclusion and non - discrimination , protect human rights’ defenders , whistle - blowers and civil society , and support initiatives that promote transparency , accountability , integrity and the fight against corruption . assistance should also support adherence to the key principles and rights as defined in the european pillar of social rights . 17 assistance should continue to support their efforts to advance regional , macro - regional and cross - border cooperation , including across maritime borders , as well as territorial development , including through implementation of union macro - regional strategies , such as the danube strategy . it should also support good neighbourly relations , reconciliation and regional cooperation . it should also enhance their economic and social development and economic governance , underpinning a smart , sustainable and inclusive growth agenda , including through implementation of regional development , agriculture and rural development , social and employment policies by the development of smes and the development of the digital economy and society , also in line with the flagship initiative digital agenda for the western balkans . _________________ 17 european pillar of social rights solemnly proclaimed by the european parliament , the council and the commission at the gothenburg social summit for fair jobs and growth , gothenburg 17 november 2017 .


### assistance under ipa iii shall be based on an ipa programming framework for the delivery of the specific objectives referred to in article 3 . the ipa programming framework shall be established by the commission for the duration of the union ' s multiannual financial framework . ### this regulation shall be supplemented by an ipa programming framework establishing further provisions on how the specific objectives referred to in article 3 shall be pursued . the ipa programming framework shall be established by the commission for the duration of the union ' s multiannual financial framework , subject to paragraph 3 of this article .


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


### assistance should also be provided in compliance with the agreements concluded by the union with the beneficiaries listed in annex i . assistance should mainly focus on assisting the beneficiaries listed in annex i to strengthen democratic institutions and the rule of law , reform the judiciary and public administration , respect fundamental rights and promote gender equality , tolerance , social inclusion and non - discrimination . assistance should also support the key principles and rights as defined in the european pillar of social rights . assistance should continue to support their efforts to advance regional , macro - regional and cross - border cooperation as well as territorial development , including through implementation of union macro - regional strategies . it should also enhance their economic and social development and economic governance , underpinning a smart , sustainable and inclusive growth agenda , including through implementation of regional development , agriculture and rural development , social and employment policies and the development of the digital economy and society , also in line with the flagship initiative digital agenda for the western balkans . ### assistance should also be provided in compliance with the agreements concluded by the union with the beneficiaries . assistance should mainly focus on assisting the beneficiaries to strengthen democratic institutions and the rule of law , reform the judiciary and public administration , respect fundamental rights , including the rights of persons belonging to minorities , and promote gender equality , tolerance , social inclusion , respect for internationally agreed labour standards on workers’ rights and non - discrimination . assistance should also support adherence by the beneficiaries to the key principles and rights as defined in the european pillar of social rights , to the social market economy and convergence towards the social acquis . assistance should continue to support their efforts to advance regional , macro - regional and cross - border cooperation as well as territorial development , including through implementation of union macro - regional strategies . it should also enhance their economic and social development and economic governance , underpinning a smart , sustainable and inclusive growth agenda , including through implementation of regional development , agriculture and rural development , social and employment policies and the development of the digital economy and society , also in line with the flagship initiative digital agenda for the western balkans .


### the [ erdf ] 32 shall contribute to programmes or measures established for cross–border cooperation between the beneficiaries listed in annex i and member states . these programmes and measures shall be adopted by the commission in accordance with article 16 . the amount of the contribution from ipa - cbc shall be determined pursuant to article 10 of [ etc regulation ] . ipa - cross border cooperation programmes shall be managed in accordance with [ etc regulation ] . ________________________ 32 com 372 final proposal for a regulation of the european parliament and of the council on the european regional development fund and on the cohesion fund ### the [ erdf ] 32 shall contribute to programmes or measures established for cross–border cooperation between the beneficiaries and one or more member states . these programmes and measures shall be adopted by the commission in accordance with article 16 . the amount of the contribution from ipa - cbc shall be determined pursuant to article 10 of [ etc regulation ] , with a maximum threshold for an ipa iii contribution set at 85 % . ipa - cross border cooperation programmes shall be managed in accordance with [ etc regulation ] . _____________________ 32 com 372 final proposal for a regulation of the european parliament and of the council on the european regional development fund and on the cohesion fund


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


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


### promoting smart , sustainable , inclusive , safe transport and removing bottlenecks in key network infrastructures , by investing in projects with high eu value - added . the investments should be prioritised according to their relevance to ten - t connections with the eu , contribution to sustainable mobility , reduced emissions , environmental impact , safe mobility , in synergy with the reforms promoted by the transport community treaty . ### promoting smart , sustainable , inclusive , safe transport and removing bottlenecks in key network infrastructures , by investing in projects with high eu value - added . the investments should be prioritised according to their relevance to ten - t connections with the eu , job creation , contribution to sustainable mobility , reduced emissions , environmental impact , safe mobility , in synergy with the reforms promoted by the transport community treaty .


### number of cross - border cooperation programmes concluded among ipa beneficiaries and ipa / eu ms ### number of cross - border cooperation programmes concluded and implemented among ipa beneficiaries and ipa / eu ms , as indicated by the european commission .


### in implementing this regulation , consistency , synergies and complementarities with other areas of union external action , with other relevant union policies and programmes , as well as policy coherence for development shall be ensured . ### in applying this regulation , consistency , synergies and complementarities with other areas of union external action , with other relevant union policies and programmes , as well as policy coherence for development shall be ensured .


### in addition to article 129 of the financial regulation on the protection of the financial interests of the union , under indirect management , beneficiaries listed in annex i shall report the irregularities including fraud which have been the subject of a primary administrative or judicial finding , without delay , to the commission and keep the latter informed of the progress of administrative and legal proceeding . reporting shall be done by electronic means , using the irregularity management system , established by the commission . ### in addition to article 129 of the financial regulation on the protection of the financial interests of the union , under indirect management , beneficiaries shall report the irregularities including fraud which have been the subject of a primary administrative or judicial finding , without delay , to the commission and keep the latter informed of the progress of administrative and legal proceeding . reporting shall be done by electronic means , using the irregularity management system , established by the commission . the commission shall support the development in the beneficiaries of parliamentary control and audit capacities and increased transparency and public access to information . the commission , the hr / vp and in particular union delegations in the beneficiaries shall ensure that all funding allocations under indirect management are carried out in a transparent , depoliticised and non - partial manner , including equitable distribution , reflecting the needs of the regions and local municipalities .


### programmes and actions under this regulation shall mainstream climate change , environmental protection and gender equality and shall , where applicable , address interlinkages between sustainable development goals34 , to promote integrated actions that can create co - benefits and meet multiple objectives in a coherent way . _________________ 34 https : / / ec . europa . eu / europeaid / policies / sustainable - development - goals_en ### programmes and actions under this regulation shall mainstream climate change , environmental protection , conflict prevention , migration , security , social and regional cohesion and gender equality and shall , where applicable , address interlinkages between sustainable development goals34 , to promote integrated actions that can create co - benefits and meet multiple objectives in a coherent way . they shall aim to contribute 16 % of the overall financial envelope to climate objectives . _________________ 34 https : / / ec . europa . eu / europeaid / policies / sustainable - development - goals_en


### promoting social protection and inclusion and combating poverty . interventions in this area shall aim at modernising social protection systems to provide effective , efficient , and adequate protection throughout all stages of a person ' s life , fostering social inclusion , promoting equal opportunities and addressing inequalities and poverty . interventions in this area shall also focus on : integrating marginalised communities such as the roma ; combating discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation ; enhancing access to affordable , sustainable and high quality services , such as early childhood education and care , housing , healthcare and essential social services and long term care , including through the modernisation of social protection systems . ### promoting social protection and inclusion and combating poverty . interventions in this area shall aim at modernising social protection systems to provide effective , efficient , and adequate protection throughout all stages of a person ' s life , fostering social inclusion , promoting equal opportunities , addressing inequalities and poverty and promoting the transition from institutional to family and community based care . interventions in this area shall also focus on : integrating marginalised communities such as the roma ; combating discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation ; enhancing access to affordable , sustainable and high quality services , such as inclusive and non - segregated early childhood education and care , housing , healthcare and essential social services and long term care , including through the modernisation of social protection systems . actions that contribute to any form of segregation or social exclusion should not be supported ;


### promoting social protection and inclusion and combating poverty . interventions in this area shall aim at modernising social protection systems to provide effective , efficient , and adequate protection throughout all stages of a person ' s life , fostering social inclusion , promoting equal opportunities and addressing inequalities and poverty . interventions in this area shall also focus on : integrating marginalised communities such as the roma ; combating discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation ; enhancing access to affordable , sustainable and high quality services , such as early childhood education and care , housing , healthcare and essential social services and long term care , including through the modernisation of social protection systems . ### promoting social protection and inclusion and combating poverty . interventions in this area shall aim at modernising social protection systems to provide effective , efficient , and adequate protection throughout all stages of a person ' s life , fostering social inclusion , promoting equal opportunities and addressing inequalities and poverty , and promoting the transition from institutional to family and community based care . interventions in this area shall also focus on : integrating marginalised communities such as the roma ; combating discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation ; enhancing access to affordable , sustainable and high quality family and community based services , such as inclusive and non - segregated early childhood education and care , housing , healthcare and essential social services and long term care , including through the modernisation of social protection systems . actions that contribute to any form of segregation or social exclusion should not be supported .


### indicators will , where relevant , be sex disaggregated . ### indicators will , where relevant , be disaggregated at minimum age and gender level .


### monitoring and evaluation ### monitoring , reporting , evaluation and communication


### indicators to monitor implementation and progress of the ipa iii towards the achievement of the specific objectives set out in article 3 are set in annex iv to this regulation . ### indicators to monitor execution and progress of the ipa iii towards the achievement of the specific objectives set out in article 3 are set in annex iv to this regulation .


### encouraging tourism and cultural and natural heritage ; ### encouraging tourism , sport , and cultural and natural heritage ;


### article 49 of the treaty on european union provides that any european state which respects the values of respect for human dignity , freedom , democracy , equality , the rule of law and respect for human rights , including the rights of persons belonging to minorities , and commits to promote these values , may apply to become a member of the union . a european state which has applied to join the union can become a member only when it has been confirmed that it meets the membership criteria established at the copenhagen european council in june 1993 and provided that the union has the capacity to integrate the new member . the copenhagen criteria relate to the stability of institutions guaranteeing democracy , the rule of law , human rights and respect for and protection of minorities , the existence of a functioning market economy as well as the capacity to cope with competitive pressure and market forces within the union , and the ability to assume not only the rights but also the obligations under the treaties , including adherence to the aims of political , economic and monetary union . ### article 49 teu provides that any european state which respects the values of respect for human dignity , freedom , democracy , equality , the rule of law and respect for human rights , including the rights of persons belonging to minorities , and commits to promote these values , may apply to become a member of the union . those values are common to member states in a society in which pluralism , non - discrimination , tolerance , justice , solidarity and equality between women and men prevail .


### the ipa programming framework shall include indicators for assessing progress with regard to attainment of the targets set therein . ### the ipa programming framework shall take into account clear and verifiable performance indicators set out in annex iv to this regulation for assessing progress with regard to attainment of the targets set therein . the performance - based approach under this regulation shall be the subject to a regular exchange of views in the european parliament and in the council .


### the beneficiaries listed in annex i need to be better prepared to address global challenges , such as sustainable development and climate change , and align with the union ' s efforts to address those issues . reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the sustainable development goals , this programme should contribute to mainstream climate action in the union ' s policies and to the achievement of an overall target of 25 % of the eu budget expenditures supporting climate objectives . actions under this programme are expected to contribute 16 % of the overall financial envelope of the programme to climate objectives . relevant actions will be identified during the programme ' s preparation and implementation , and the overall contribution from this programme should be part of relevant evaluations and review processes . ### the beneficiaries need to be better prepared to address global challenges , such as sustainable development and climate change , and align with the union ' s efforts to address those issues . reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the sustainable development goals , this programme should contribute to mainstream climate action in the union ' s policies and to the achievement of an overall target of 25 % of the eu budget expenditures supporting climate objectives . actions under this programme should aim to contribute 16 % of the overall financial envelope of the programme to climate objectives , striving to achieve the goal that climate - related spending reaches 30 % of mff expenditure by 2027 . relevant actions will be identified during the programme ' s preparation and implementation , and the overall contribution from this programme should be part of relevant evaluations and review processes .


### public social security expenditure or employment rate ### public social security expenditure , as indicated by ilo , health expenditure , income inequality , poverty rate , employment rate and unemployment rate , as indicated by official national statistics .


### strengthening the capacities of civil society organisations and social partners ' organisations , including professional associations , in beneficiaries listed in annex i and encouraging networking at all levels among union - based organisations and those of beneficiaries listed in annex i , enabling them to engage in an effective dialogue with public and private actors . ### strengthening the capacities of civil society organisations and social partners ' organisations , including professional associations , in beneficiaries and encouraging networking at all levels among union - based organisations and those of beneficiaries , enabling them to engage in an effective dialogue with public and private actors . assistance shall endeavour to be accessible to a variety of organisations in beneficiaries that is as wide as possible .


### the amount referred to in paragraph 1 may be used for technical and administrative assistance for the implementation of the programme , such as preparatory , monitoring , control , audit and evaluation activities including corporate information technology systems and any activities related to the preparation of the successor programme for pre - accession assistance , in accordance with article 20 of [ ndici regulation ] . ### the amount referred to in paragraph 1 may be used for technical and administrative assistance for the execution of the programme , such as preparatory , monitoring , control , audit and evaluation activities including corporate information technology systems and any activities related to the preparation of the successor programme for pre - accession assistance .


### the enlargement policy framework defined by the european council and the council , the agreements that establish a legally binding relationship with the beneficiaries listed in annex i , as well as relevant resolutions of the european parliament , communications of the commission or joint communications of the commission and the high representative of the union for foreign affairs and security policy , shall constitute the overall policy framework for the implementation of this regulation . the commission shall ensure coherence between the assistance and the enlargement policy framework . ### the enlargement policy framework defined by the european council and the council , the agreements that establish a legally binding relationship with the beneficiaries , as well as relevant resolutions of the european parliament , communications of the commission or joint communications of the commission and the high representative of the union for foreign affairs and security policy , shall constitute the comprehensive policy framework for the implementation of this regulation . the commission shall ensure coherence between the assistance and the overall enlargement policy framework . the hr / vp shall ensure overall political coordination of the union ' s external action , its unity , consistency and effectiveness , including by means of this regulation . the european external action service shall therefore coordinate programming under this regulation and contribute to the management cycle for this regulation , on the basis of the policy objectives set out in article 3 .


### strengthening the union and its partners ' capacity to prevent conflict , build peace and address pre - and post - crisis including through early warning and conflict - sensitive risk analysis ; promoting people to people networking , reconciliation , peace - building and confidence - building measures , supporting capacity building in support of security and development actions . ### strengthening the union and its partners ' capacity to prevent conflict , build peace and stability , and address pre - and post - crisis including through early warning and conflict - sensitive risk analysis ; promoting people to people networking , reconciliation and good neighbourly relations , peace - building and confidence - building measures , supporting capacity building in support of security and development actions ; contributing to the defence and cyber defence of the beneficiaries listed in annex i ; strengthening the capabilities of strategic communication to foster systematic uncovering of disinformation .


### in accordance with the principle of participatory democracy , parliamentary oversight in each beneficiary listed in annex i should be encouraged by the commission . ### in accordance with the principle of participatory democracy , the strengthening of parliamentary capacities and parliamentary oversight in each of the beneficiaries should be promoted by the commission .


### strengthening the union and its partners ' capacity to prevent conflict , build peace and address pre - and post - crisis including through early warning and conflict - sensitive risk analysis ; promoting people to people networking , reconciliation , peace - building and confidence - building measures , supporting capacity building in support of security and development actions . ### strengthening the union and its partners ' capacity to prevent conflict , build peace and address pre - and post - crisis including through early warning and conflict - sensitive risk analysis ; promoting people to people networking , reconciliation , peace - building and confidence - building measures , including setting up the regional commission for the establishment of facts about war crimes and other serious violations of human rights committed in the former yugoslavia , as well as supporting capacity building in support of security and development actions .


### in addition to article 129 of the financial regulation on the protection of the financial interests of the union , under indirect management , beneficiaries listed in annex i shall report the irregularities including fraud which have been the subject of a primary administrative or judicial finding , without delay , to the commission and keep the latter informed of the progress of administrative and legal proceeding . reporting shall be done by electronic means , using the irregularity management system , established by the commission . ### in addition to article 129 of the financial regulation on the protection of the financial interests of the union , under indirect management , beneficiaries shall report the irregularities including fraud which have been the subject of a primary administrative or judicial finding , without delay , to the commission and keep the latter informed of the progress of administrative and legal proceeding . reporting shall be done by electronic means , using the irregularity management system , established by the commission . the commission shall support the development in the beneficiaries of parliamentary control and audit capacities and increased transparency and public access to information . the commission , the hr / vp and in particular union delegations in the beneficiaries shall ensure that all funding allocations under indirect management are carried out in a transparent , depoliticised and non - partial manner , including equitable distribution , reflecting the needs of the regions and local municipalities .


### strengthening the capacities of civil society organisations and social partners ' organisations , including professional associations , in beneficiaries listed in annex i and encouraging networking at all levels among union - based organisations and those of beneficiaries listed in annex i , enabling them to engage in an effective dialogue with public and private actors . ### strengthening the capacities of civil society organisations , independent media and social partners ' organisations , including professional associations , in beneficiaries listed in annex i and encouraging networking at all levels among union - based organisations and those of beneficiaries listed in annex i , enabling them to engage in an effective dialogue with public and private actors .


### assistance under ipa iii shall be based on an ipa programming framework for the delivery of the specific objectives referred to in article 3 . the ipa programming framework shall be established by the commission for the duration of the union ' s multiannual financial framework . ### this regulation shall be supplemented by an ipa programming framework establishing further provisions on how the specific objectives referred to in article 3 shall be pursued . the ipa programming framework shall be established by the commission for the duration of the union ' s multiannual financial framework , subject to paragraph 3 of this article .


### it is in the union ' s interest to assist the beneficiaries listed in annex i in their efforts to reform with a view to union membership . assistance should be managed with a strong focus on results and with incentives for those who demonstrate their commitment to reform through efficient implementation of pre - accession assistance and progress towards meeting the membership criteria . ### it is in the common interest of the union and the beneficiaries to assist the beneficiaries’ efforts to reform their political , legal and economic systems with a view to union membership . assistance should be managed with a strong focus on results and with incentives for those who demonstrate their commitment to reform through efficient implementation of pre - accession assistance and progress towards meeting the membership criteria . assistance should be allocated according to the performance - based approach in line with the “fair share” principle and clear consequences in cases of serious deterioration in the respect for human dignity , freedom , democracy , equality , the rule of law and human rights .


### to shape the rules , standards , policies and practices of the beneficiaries listed in annex i in alignment to those of the union and to reinforce reconciliation and good neighbourly relations , as well as people to people contacts and communication ; ### to shape the rules , standards , policies and practices of the beneficiaries in alignment to those of the union and to reinforce conflict prevention , reconciliation , peace - building , confidence - building , mediation and good neighbourly relations , as well as people to people contacts and communication ;


### where reference is made to this paragraph , article 5 of regulation no . 182 / 2011 shall apply . ### the commission shall adopt action plans and measures by decision in accordance with the financial regulation .


### implementation ### programming framework and execution


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


### establishing and promoting from an early stage the proper functioning of the institutions necessary in order to secure the rule of law . interventions in this area shall aim at : establishing independent , accountable and efficient judicial systems , including transparent and merit - based recruitment and promoting judicial cooperation , evaluation and promotion systems and effective disciplinary procedures in cases of wrongdoing ; ensuring the establishment of robust systems to protect the borders , manage migration flows and provide asylum to those in need ; developing effective tools to prevent and fight organised crime , trafficking in human beings , migrants smuggling , money laundering / financing of terrorism and corruption ; promoting and protecting human rights , rights of persons belonging to minorities including roma as well as lesbian , gay , bisexual , transgender and intersex persons fundamental freedoms , including freedom of the media and data protection . ### establishing and promoting from an early stage the proper functioning of the institutions necessary in order to secure the rule of law . interventions in this area shall aim at : separation of powers , establishing independent , accountable and efficient judicial systems , including transparent and merit - based recruitment and promoting judicial cooperation , evaluation and promotion systems and effective disciplinary procedures in cases of wrongdoing ; ensuring the establishment of robust systems to protect the borders , manage migration flows and provide asylum to those in need ; developing effective tools to prevent and fight organised crime , trafficking in human beings , migrants smuggling , money laundering / financing of terrorism and corruption ; promoting and protecting human rights , rights of persons belonging to minorities including roma as well as lesbian , gay , bisexual , transgender and intersex persons fundamental freedoms , including freedom of the media and expression and data protection .


### the [ erdf ] 32 shall contribute to programmes or measures established for cross–border cooperation between the beneficiaries listed in annex i and member states . these programmes and measures shall be adopted by the commission in accordance with article 16 . the amount of the contribution from ipa - cbc shall be determined pursuant to article 10 of [ etc regulation ] . ipa - cross border cooperation programmes shall be managed in accordance with [ etc regulation ] . ________________________ 32 com 372 final proposal for a regulation of the european parliament and of the council on the european regional development fund and on the cohesion fund ### the [ erdf ] 32 shall contribute to programmes or measures established for cross–border cooperation between the beneficiaries and one or more member states . these programmes and measures shall be adopted by the commission in accordance with article 16 . the amount of the contribution from ipa - cbc shall be determined pursuant to article 10 of [ etc regulation ] , with a maximum threshold for an ipa iii contribution set at 85 % . ipa - cross border cooperation programmes shall be managed in accordance with [ etc regulation ] . _____________________ 32 com 372 final proposal for a regulation of the european parliament and of the council on the european regional development fund and on the cohesion fund


### strengthening economic governance : interventions shall aim at supporting participation in the economic reform programme process and systematic cooperation with international financial institutions on fundamentals of economic policy . enhancing the capacity to strengthen macroeconomic stability and supporting progress towards becoming a functioning market economy with the capacity to cope with competitive pressures and market forces within the union ; ### strengthening economic governance : interventions shall aim at supporting participation in the economic reform programme process and systematic cooperation with international financial institutions on fundamentals of economic policy . enhancing the capacity to strengthen macroeconomic stability and supporting progress towards sustainable development and becoming a functioning market economy with the capacity to cope with competitive pressures and market forces within the union ;


### establishing and promoting from an early stage the proper functioning of the institutions necessary in order to secure the rule of law . interventions in this area shall aim at : establishing independent , accountable and efficient judicial systems , including transparent and merit - based recruitment and promoting judicial cooperation , evaluation and promotion systems and effective disciplinary procedures in cases of wrongdoing ; ensuring the establishment of robust systems to protect the borders , manage migration flows and provide asylum to those in need ; developing effective tools to prevent and fight organised crime , trafficking in human beings , migrants smuggling , money laundering / financing of terrorism and corruption ; promoting and protecting human rights , rights of persons belonging to minorities including roma as well as lesbian , gay , bisexual , transgender and intersex persons fundamental freedoms , including freedom of the media and data protection . ### establishing and promoting from an early stage the proper functioning of the institutions necessary in order to secure the rule of law . interventions in this area shall aim at : establishing independent , accountable and efficient judicial systems , including transparent and merit - based recruitment and promoting judicial cooperation , evaluation and promotion systems and effective disciplinary procedures in cases of wrongdoing ; ensuring the establishment of adequate systems to protect the borders , manage migration flows and provide asylum to those in need ; developing effective tools to prevent and fight organised crime , trafficking in human beings , migrants smuggling , money laundering / financing of terrorism and corruption ; promoting and protecting human rights , gender equality , rights of persons belonging to minorities including roma as well as lesbian , gay , bisexual , transgender and intersex persons fundamental freedoms , including freedom of the media and data protection .


### assistance should also be provided in compliance with the agreements concluded by the union with the beneficiaries listed in annex i . assistance should mainly focus on assisting the beneficiaries listed in annex i to strengthen democratic institutions and the rule of law , reform the judiciary and public administration , respect fundamental rights and promote gender equality , tolerance , social inclusion and non - discrimination . assistance should also support the key principles and rights as defined in the european pillar of social rights . assistance should continue to support their efforts to advance regional , macro - regional and cross - border cooperation as well as territorial development , including through implementation of union macro - regional strategies . it should also enhance their economic and social development and economic governance , underpinning a smart , sustainable and inclusive growth agenda , including through implementation of regional development , agriculture and rural development , social and employment policies and the development of the digital economy and society , also in line with the flagship initiative digital agenda for the western balkans . ### assistance should also be provided in compliance with the agreements concluded by the union with the beneficiaries . assistance should mainly focus on assisting the beneficiaries to strengthen democratic institutions and the rule of law , reform the judiciary and public administration , respect fundamental rights , including the rights of persons belonging to minorities , and promote gender equality , tolerance , social inclusion , respect for internationally agreed labour standards on workers’ rights and non - discrimination . assistance should also support adherence by the beneficiaries to the key principles and rights as defined in the european pillar of social rights , to the social market economy and convergence towards the social acquis . assistance should continue to support their efforts to advance regional , macro - regional and cross - border cooperation as well as territorial development , including through implementation of union macro - regional strategies . it should also enhance their economic and social development and economic governance , underpinning a smart , sustainable and inclusive growth agenda , including through implementation of regional development , agriculture and rural development , social and employment policies and the development of the digital economy and society , also in line with the flagship initiative digital agenda for the western balkans .


### increasing the ability of the agri - food and fisheries sectors to cope with competitive pressure and market forces as well as to progressively align with the union rules and standards , while pursuing economic , social and environmental goals in balanced territorial development of rural and coastal areas . ### increasing the ability of the agri - food and fisheries sectors to cope with competitive pressure and market forces as well as to progressively align with the union rules and standards with a view to raising the capacity to exports to the union market , while pursuing economic , social and environmental goals in balanced territorial development of rural and coastal areas .


### in duly justified circumstances and in order to ensure the coherence and effectiveness of union financing or to foster regional cooperation , the commission may decide to extend the eligibility of action programmes and measures referred to in article 8 to countries , territories and regions other than those referred in annex i , where the programme or measure to be implemented is of a global , regional or cross - border nature . ### in duly justified circumstances and in order to ensure the coherence and effectiveness of union financing or to foster regional cooperation , the commission may decide to extend the eligibility of action programmes and measures referred to in article 8 to countries , territories and regions other than those referred in annex i , where the programme or measure to be applied is of a global , regional or cross - border nature .


### number of cross - border cooperation programmes concluded among ipa beneficiaries and ipa / eu ms ### number of cross - border cooperation programmes concluded and implemented among ipa beneficiaries and ipa / eu ms , as indicated by the european commission .


### specific rules establishing uniform conditions for implementing this regulation in particular in relation to the structures to be set up in preparation for accession and to rural development assistance , shall be adopted in accordance with the examination procedure referred to in article 16 . ### specific rules in relation to the structures to be set up in preparation for accession and to rural development assistance , shall be adopted by means of a delegated act .


### assistance should also be provided in compliance with the agreements concluded by the union with the beneficiaries listed in annex i . assistance should mainly focus on assisting the beneficiaries listed in annex i to strengthen democratic institutions and the rule of law , reform the judiciary and public administration , respect fundamental rights and promote gender equality , tolerance , social inclusion and non - discrimination . assistance should also support the key principles and rights as defined in the european pillar of social rights17 . assistance should continue to support their efforts to advance regional , macro - regional and cross - border cooperation as well as territorial development , including through implementation of union macro - regional strategies . it should also enhance their economic and social development and economic governance , underpinning a smart , sustainable and inclusive growth agenda , including through implementation of regional development , agriculture and rural development , social and employment policies and the development of the digital economy and society , also in line with the flagship initiative digital agenda for the western balkans . ### assistance should be provided in compliance with the agreements concluded by the union with the beneficiaries listed in annex i . assistance should focus , on the one hand , on assisting the beneficiaries listed in annex i to strengthen democratic institutions and the rule of law , reform the judiciary and public administration , respect freedom of media and fundamental human rights , in particular the rights of minorities , respect and advance workers ' rights and promote gender equality , tolerance , social inclusion and non - discrimination , as well as support the key principles and rights as defined in the european pillar of social rights17 . on the other hand , assistance should continue to support their efforts to advance economic , social and territorial development as well as regional , macro - regional and cross - border cooperation , gradually adopting relevant eu policies and practices , especially those of cohesion policy contributing also to the implementation of union macro - regional strategies . furthermore , ipa iii should also enhance their economic governance , underpinning a smart , sustainable and inclusive growth agenda , including through the implementation of multi - annual programmes aimed at regional development , agriculture and rural development , social and employment policies and the development of the digital economy and society , also in line with the flagship initiative digital agenda for the western balkans .


### assistance under ipa iii shall be implemented in direct management or in indirect management in accordance with the financial regulation through annual or multi - annual action plans and measures as referred to in chapter iii of title ii of [ ndici regulation ] . chapter iii of title ii of [ ndici regulation ] shall apply to this regulation with the exception of paragraph 1 of article 24 [ eligible persons and entities ] . ### assistance under ipa iii shall be executed in direct management or in indirect management in accordance with the financial regulation through annual or multi - annual action plans and measures .


### public social security expenditure or employment rate ### public social security expenditure , as indicated by ilo , health expenditure , income inequality , poverty rate , employment rate and unemployment rate , as indicated by official national statistics .


### the power to adopt delegated acts as referred to in article 13 shall be conferred on the commission . ### the power to adopt delegated acts as referred to in articles 7 , 7a , 13 and 15 shall be conferred on the commission .


### the enlargement policy framework defined by the european council and the council , the agreements that establish a legally binding relationship with the beneficiaries listed in annex i , as well as relevant resolutions of the european parliament , communications of the commission or joint communications of the commission and the high representative of the union for foreign affairs and security policy , shall constitute the overall policy framework for the implementation of this regulation . the commission shall ensure coherence between the assistance and the enlargement policy framework . ### the enlargement policy framework defined by the european council and the council , the agreements that establish a legally binding relationship with the beneficiaries , as well as relevant resolutions of the european parliament , communications of the commission or joint communications of the commission and the high representative of the union for foreign affairs and security policy , shall constitute the comprehensive policy framework for the application of this regulation . the commission shall ensure coherence between the assistance and the overall enlargement policy framework . the hr / vp shall ensure political coordination of the union ' s external action within the framework of&#160 ; the policy objectives set out in article 3 .


### the beneficiaries listed in annex i need to be better prepared to address global challenges , such as sustainable development and climate change , and align with the union ' s efforts to address those issues . reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the sustainable development goals , this programme should contribute to mainstream climate action in the union ' s policies and to the achievement of an overall target of 25 % of the eu budget expenditures supporting climate objectives . actions under this programme are expected to contribute 16 % of the overall financial envelope of the programme to climate objectives . relevant actions will be identified during the programme ' s preparation and implementation , and the overall contribution from this programme should be part of relevant evaluations and review processes . ### the beneficiaries need to be better prepared to address global challenges , such as sustainable development and climate change , and align with the union ' s efforts to address those issues . reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the sustainable development goals , this programme should contribute to mainstream climate action in the union ' s policies and to the achievement of an overall target of 25 % of the eu budget expenditures supporting climate objectives . actions under this programme should aim to contribute 16 % of the overall financial envelope of the programme to climate objectives , striving to achieve the goal that climate - related spending reaches 30 % of mff expenditure by 2027 . relevant actions will be identified during the programme ' s preparation and implementation , and the overall contribution from this programme should be part of relevant evaluations and review processes .


### it is in the union ' s interest to assist the beneficiaries listed in annex i in their efforts to reform with a view to union membership . assistance should be managed with a strong focus on results and with incentives for those who demonstrate their commitment to reform through efficient implementation of pre - accession assistance and progress towards meeting the membership criteria . ### it is in the common interest of the union and the beneficiaries to assist the beneficiaries’ efforts to reform their political , legal and economic systems with a view to union membership . assistance should be managed with a strong focus on results and with incentives for those who demonstrate their commitment to reform through efficient implementation of pre - accession assistance and progress towards meeting the membership criteria . assistance should be allocated according to the performance - based approach in line with the “fair share” principle and clear consequences in cases of serious deterioration in the respect for human dignity , freedom , democracy , equality , the rule of law and human rights .


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


### the following list of key performance indicators shall be used to help measure the union’s contribution to the achievement of its specific objectives : ### the following list of key performance indicators and their annual evolution shall be used to help measure the union’s contribution to the achievement of its specific objectives :


### articles 36 and 37 of [ regulation ndici ] shall apply . ### when providing financial assistance under this regulation , the commission , the hr / vp and in particular the union delegations in the beneficiaries shall take all necessary measures in order to ensure the visibility of the union ' s financial support , including monitoring recipients ' compliance with those requirements . ipa - financed actions shall be subject to the requirements set out in the communication and visibility manual for eu external actions . the commission shall adopt guidance for union funded projects on visibility and communication actions for each beneficiary .


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


### strengthening economic governance : interventions shall aim at supporting participation in the economic reform programme process and systematic cooperation with international financial institutions on fundamentals of economic policy . enhancing the capacity to strengthen macroeconomic stability and supporting progress towards becoming a functioning market economy with the capacity to cope with competitive pressures and market forces within the union ; ### strengthening economic governance : interventions shall aim at supporting participation in the economic reform programme process and systematic cooperation with international financial institutions on fundamentals of economic policy . enhancing the capacity to strengthen macroeconomic stability , social cohesion and supporting progress towards becoming a functioning market economy with the capacity to cope with competitive pressures and market forces within the union ;


### the [ ndici regulation ] shall apply to activities implemented under this regulation where referred to in this regulation . ### the [ ndici regulation ] shall apply to activities executed under this regulation where referred to in this regulation .


### strengthening the capacities of civil society organisations and social partners ' organisations , including professional associations , in beneficiaries listed in annex i and encouraging networking at all levels among union - based organisations and those of beneficiaries listed in annex i , enabling them to engage in an effective dialogue with public and private actors . ### strengthening the capacities of civil society organisations and social partners ' organisations , including professional associations , in beneficiaries and encouraging networking at all levels among union - based organisations and those of beneficiaries , enabling them to engage in an effective dialogue with public and private actors . assistance shall endeavour to be accessible to a variety of organisations in beneficiaries that is as wide as possible .


### the regulatory body for the road passenger transport sector shall have the necessary organisational capacity in terms of human and other resources , which shall be proportionate to the importance of that sector in the member state concerned . ### the regulatory body for the road passenger transport sector shall have the necessary organisational capacity in terms of human and other resources .


### ‘ viable alternative’ means another terminal which is economically acceptable to the carrier , and allows it to operate the passenger service concerned . ; ### ‘ viable alternative’ means another terminal which is economically acceptable to the carrier and provides comparable infrastructure , allows passengers access to other forms of public transport and allows it to operate the passenger service concerned . ;


### a regulatory body establishes on the basis of an objective economic analysis that the service would compromise the economic equilibrium of a public service contract . ### a regulatory body establishes on the basis of an objective economic analysis that the service would compromise the economic equilibrium of a public service contract , or a competent authority establishes that the proposed service is prejudicial to the exclusive rights granted to the operator of a public service .


### requests for access may be refused only on the grounds of lack of capacity . ### requests for access to terminals may be refused only on the grounds of lack of capacity . if a request is refused , the terminal operator shall also communicate its decision to the regulatory authority .


### authorisation for both national and international regular services should be subject to an authorisation procedure . authorisation should be granted , unless there are specific grounds for refusal attributable to the applicant , or the service would compromise the economic equilibrium of a public service contract . a distance threshold should be introduced to ensure that commercial regular service operations do not compromise the economic equilibrium of existing public service contracts . in the case of routes already served by more than one public service contract , it should be possible to increase that threshold . ### authorisation for both national and international regular services should be subject to an authorisation procedure . authorisation should be granted , unless there are specific grounds for refusal attributable to the applicant , or the service would conflict with the exclusive rights under an existing or planned public service contract .


### authorisation for both national and international regular services should be subject to an authorisation procedure . authorisation should be granted , unless there are specific grounds for refusal attributable to the applicant , or the service would compromise the economic equilibrium of a public service contract . a distance threshold should be introduced to ensure that commercial regular service operations do not compromise the economic equilibrium of existing public service contracts . in the case of routes already served by more than one public service contract , it should be possible to increase that threshold . ### authorisation for both national and international regular services should be subject to an authorisation procedure . authorisation should be granted , unless there are specific grounds for refusal attributable to the applicant , or the service would compromise the equilibrium and rights of a public service contract . a distance threshold should be introduced to ensure that commercial regular service operations do not compromise the equilibrium of existing public service contracts .


### the authorising authority shall forward to the competent authorities of all member states in whose territories passengers are picked up or set down , as well as to the competent authorities of member states whose territories are crossed without passengers being picked up or set down , a copy of the application , together with copies of any other relevant documentation , and its assessment , for information . ### the authorising authority shall forward to the competent authorities of all member states in whose territories passengers are picked up or set down , as well as to the competent authorities of member states whose territories are crossed without passengers being picked up or set down , a copy of the application , together with copies of any other relevant documentation , and its assessment , within two weeks of receipt of the application , with a request for their agreement .


### the decision of the regulatory body on the appeal shall be binding . the regulatory body shall be able to enforce it by means of penalties which are effective , proportionate and dissuasive ### the decision of the national competent authority on the appeal shall be binding . the national competent authority shall be able to enforce it by means of penalties which are effective , proportionate and dissuasive


### decisions taken by the regulatory body shall be made public . ; ### decisions taken by the regulatory body shall be made public within two weeks . ;


### requests for access may be refused only on the grounds of lack of capacity . ### requests for access to terminals may be refused only on the grounds of lack of capacity , or for security and service reasons . if a request is refused , the terminal operator shall inform the regulatory authority of its decision .


### authorisation for both national and international regular services should be subject to an authorisation procedure . authorisation should be granted , unless there are specific grounds for refusal attributable to the applicant , or the service would compromise the economic equilibrium of a public service contract . a distance threshold should be introduced to ensure that commercial regular service operations do not compromise the economic equilibrium of existing public service contracts . in the case of routes already served by more than one public service contract , it should be possible to increase that threshold . ### authorisation for both national and international regular services should be subject to an authorisation procedure .


### authorisation shall be granted unless refusal can be justified on one or more of the grounds listed in points to of article 8c . ### authorisation shall be granted unless refusal can be justified on objective grounds related to the public interest , such as that the service would compromise the equilibrium of a public service contract , environmental considerations or that the applicant has not complied with road transport or other relevant provisions of national , union or international law . .


### commercial regular service operations should not compromise the economic equilibrium of existing public service contracts . for this reason , the regulatory body should be able to carry out an objective economic analysis to ensure that this is the case . ### commercial regular service operations should not compromise the equilibrium of existing public service contracts .


### to ensure a coherent framework for the inter - urban carriage of passengers by regular coach and bus services throughout the union , regulation no 1073 / 2009 should apply to all inter - urban carriage by regular services . the scope of that regulation should therefore be extended . ### to ensure a coherent legislation framework of the european union is paramount in order to prevent legal ambiguity . the scope of that regulation should therefore be consistent with the provisions of a regulation no1370 / 2007 .


### member states shall ensure that decisions taken by the regulatory body are subject to judicial review . that review may have suspensive effect only when the immediate effect of the regulatory body’s decision may cause irretrievable or manifestly excessive damages for the appellant . this provision is without prejudice to the powers of the court hearing the appeal as conferred by constitutional law of the member state concerned . ### member states shall ensure that decisions taken by the national competent authority are subject to judicial review . that review may have suspensive effect only when the immediate effect of national competent authority’s decision may cause irretrievable or manifestly excessive damages for the appellant . this provision is without prejudice to the powers of the court hearing the appeal as conferred by constitutional law of the member state concerned .


### administrative formalities should be reduced as much as possible without abandoning the controls and penalties that guarantee the correct application and effective enforcement of regulation no 1073 / 2009 . the journey form constitutes an unnecessary administrative burden and should therefore be abolished . ### administrative formalities should be reduced as much as possible without abandoning the controls and penalties that guarantee the correct application and effective enforcement of regulation no 1073 / 2009 .


### commercial regular service operations should not compromise the economic equilibrium of existing public service contracts . for this reason , the regulatory body should be able to carry out an objective economic analysis to ensure that this is the case . ### commercial regular service operations should not compromise the economic equilibrium of existing public service contracts according to regulation 1370 / 2007 and regulation 2016 / 2338 . for this reason , the regulatory body should be able to carry out an objective economic analysis to ensure that this is the case .


### requests for access may be refused only on the grounds of lack of capacity . ### requests for access may be refused on the grounds of lack of capacity and national provisions .


### regular services performed in accordance with this regulation . ” ; ### regular services performed by a carrier not resident in the host member state in the course of a regular international service in accordance with this regulation . cabotage operations may not be carried out independently of such an international service .


### each member state shall designate a single national regulatory body for the road passenger transport sector . that body shall be an impartial authority which is , in organisational , functional , hierarchical and decision making terms , legally distinct and independent from any other public or private entity . it shall be independent from any competent authority involved in the award of a public service contract . ### each member state shall designate a national regulatory body for the road passenger transport sector .


### the regulatory body shall examine the request and decide whether to carry out the economic analysis . it shall inform the interested parties of its decision . ### the regulatory body shall examine the request and shall carry out such an analysis unless there are exceptional practical or other reasons properly justifying a decision not to do so .


### regular services performed in accordance with this regulation . ; ### regular services , performed by a carrier not resident in the host member state provided that a stay in that member state does not exceed 48 hours after the entry into the territory of the member state , in the course of a regular international service in accordance with this regulation with the exception of transport services meeting the needs of an urban centre or conurbation , or transport needs between it and the surrounding areas . cabotage operations shall not be performed independently of such international service .


### authorisations for national regular services shall be granted unless refusal can be justified on one or more of the grounds listed in points to of article 8c and , if the service is carrying passengers over a distance of less than 100 kilometres as the crow flies , article 8c . ### authorisation shall be granted unless refusal can be justified on one or more of the grounds listed in points to of article 8c .


### a regulatory body establishes on the basis of an objective economic analysis that the service would compromise the economic equilibrium of a public service contract . ### a regulatory body establishes on the basis of an objective analysis that the service would compromise the equilibrium of a public service contract . that analysis shall assess the relevant structural and geographical characteristics of the market and the network concerned , and account shall also be taken of whether the new service brings better quality services and / or more value for money compared with the public contract awarded previously .


### in order to ensure fair competition in the market , operators of regular services should be provided with access rights to terminals in the union on fair , equitable , non - discriminatory and transparent terms . appeals against decisions rejecting or limiting access should be lodged with the regulatory body . ### in order to ensure fair competition in the market when necessary , operators of regular services should be provided with access rights to terminals in the union on fair , equitable , non - discriminatory and transparent terms if it is in the public interest to do so .


### terminal operators shall publish at least the following information in two or more official languages of the union : ### terminal operators shall publish information in two or more official languages of the union regarding current timetables and capacity allocation .


### regulatory body ### national competent authority


### authorisations shall be issued in agreement with the competent authorities of all the member states in whose territories passengers are picked up or set down and are carried over distances of less than 100 kilometres as the crow flies . the authorising authority shall send a copy of the application , together with copies of any other relevant documentation , within two weeks of receipt of the application to such competent authorities with a request for their agreement . at the same time , the authorising authority shall forward those documents to the competent authorities of other member states whose territories are crossed , for information . ### authorisations shall be issued in agreement with the competent authorities of all the member states in whose territories passengers are picked up or set down . the authorising authority shall send a copy of the application , together with copies of any other relevant documentation , within two weeks of receipt of the application to such competent authorities with a request for their agreement . at the same time , the authorising authority shall forward those documents to the competent authorities of other member states whose territories are crossed . these authorities of the member states whose territories are crossed without passengers being picked up or set down may notify the authorising authority of their comments within three months .


### the decision of the regulatory body on the appeal shall be binding . the regulatory body shall be able to enforce it by means of penalties which are effective , proportionate and dissuasive ### the decision of the national competent authority on the appeal shall be binding . the national competent authority shall be able to enforce it by means of penalties which are effective , proportionate and dissuasive


### an independent and impartial regulatory body should be designated in each member state to ensure the proper functioning of the road passenger transport market . that body may also be responsible for other regulated sectors such as rail , energy or telecommunications . ### each member state shall designate a national competent authority to ensure the proper functioning of the road passenger transport market . that body may also be responsible for other regulated sectors such as rail , energy or telecommunications .


### promising technical progress is being made in the field of recycling of waste , such as phosphorus recycling from sewage sludge , and fertilising product production from animal by - products , such as biochar . it should be possible for products containing or consisting of such materials to access the internal market without unnecessary delay when the manufacturing processes have been scientifically analysed and process requirements have been established at union level . for that purpose , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of defining larger or additional categories of ce marked fertilising products or component materials eligible for use in the production of such products . for animal by - products , component material categories should be expanded or added only to the extent an end point in the manufacturing chain has been determined in accordance with the procedures laid down in regulation no 1069 / 2009 , since animal by - products for which no such end point has been determined are in any event excluded from the scope of this regulation . ### promising technical progress is being made in the field of recycling of waste , such as phosphorus recycling from sewage sludge , in particular struvite , fertilising product production from animal by - products , such as biochar and phosphorus recovery after incineration , in particular from ash - based products , and considering that such products are already authorised in several member states under national law . it should be possible for products containing or consisting of such materials to access the internal market without undue delay when the manufacturing processes have been scientifically analysed and process requirements have been established at union level . for that purpose , the power to adopt acts in accordance with article 290 tfeu should be delegated to the commission in respect of defining larger or additional categories of ce marked fertilising products or component materials eligible for use in the production of such products . in particular , a delegated act adding struvite , biochar and ash - based products to the categories of component materials should be adopted without undue delay after the entry into force of this regulation . for animal by - products , component material categories should be expanded or added only to the extent an end point in the manufacturing chain has been determined in accordance with the procedures laid down in regulation no 1069 / 2009 .


### - cadmium 3 mg / kg dry matter , ### - cadmium 1 , 5 mg / kg dry matter ,


### certain substances , mixtures and micro - organisms , commonly referred to as plant biostimulants , are not as such nutrients , but nevertheless stimulate plants ' nutrition processes . where such products aim solely at improving the plants ' nutrient use efficiency , tolerance to abiotic stress , or crop quality traits , they are by nature more similar to fertilising products than to most categories of plant protection products . such products should therefore be eligible for ce marking under this regulation and excluded from the scope of regulation no 1107 / 2009 of the european parliament and of the council21 . regulation no 1107 / 2009 should therefore be amended accordingly . _________________ 21 regulation no 1107 / 2009 of the european parliament and of the council of 21 october 2009 concerning the placing of plant protection products on the market and repealing council directives 79 / 117 / eec and 91 / 414 / eec . ### certain substances , mixtures and micro - organisms , commonly referred to as plant biostimulants , are not as such inputs of nutrients , but nevertheless stimulate plants ' natural nutrition processes . where such products aim solely at improving the plants ' nutrient use efficiency , tolerance to abiotic stress , or crop quality traits , they are by nature more similar to fertilising products than to most categories of plant protection products . therefore , they act in addition to fertilisers , with the aim of optimizing their efficiency and reducing the volumes of use . such products should therefore be eligible for ce marking under this regulation and excluded from the scope of regulation no 1107 / 2009 of the european parliament and of the council21 . regulation no 1107 / 2009 should therefore be amended accordingly . _________________ 21 regulation no 1107 / 2009 of the european parliament and of the council of 21 october 2009 concerning the placing of plant protection products on the market and repealing council directives 79 / 117 / eec and 91 / 414 / eec .


### the conditions for making fertilisers available on the internal market have been partially harmonised through regulation no 2003 / 2003 of the european parliament and of the council15 , which almost exclusively covers fertilisers from mined or chemically produced , inorganic materials . there is also a need to make use of recycled or organic materials for fertilising purposes . harmonised conditions for making fertilisers made from such recycled or organic materials available on the entire internal market should be established in order to provide an important incentive for their further use . the scope of the harmonisation should therefore be extended in order to include recycled and organic materials . __________________ 15 regulation no 2003 / 2003 of the european parliament and of the council of 13 october 2003 relating to fertilisers . ### the conditions for making fertilisers available on the internal market have been partially harmonised through regulation no 2003 / 2003 of the european parliament and of the council15 , which almost exclusively covers fertilisers from mined or chemically produced , mineral materials . there is also a need to make use of recycled or organic materials for fertilising purposes . harmonised conditions for making fertilisers made from such recycled or organic materials available on the entire internal market should be established in order to provide an important incentive for their further use . the scope of the harmonisation should therefore be extended in order to include recycled and organic materials . __________________ 15 regulation no 2003 / 2003 of the european parliament and of the council of 13 october 2003 relating to fertilisers .


### proposal for a regulation of the european parliament and of the council laying down rules on the making available on the market of ce marked fertilising products and amending regulations no 1069 / 2009 and no 1107 / 2009 ### proposal for a regulation of the european parliament and of the council laying down rules on the making available on the market of ce marked fertilisers and improving nutrition efficiency products and amending regulations no 1069 / 2009 , no 1107 / 2009 and no 1907 / 2006


### promising technical progress is being made in the field of recycling of waste , such as phosphorus recycling from sewage sludge , and fertilising product production from animal by - products , such as biochar . it should be possible for products containing or consisting of such materials to access the internal market without unnecessary delay when the manufacturing processes have been scientifically analysed and process requirements have been established at union level . for that purpose , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of defining larger or additional categories of ce marked fertilising products or component materials eligible for use in the production of such products . for animal by - products , component material categories should be expanded or added only to the extent an end point in the manufacturing chain has been determined in accordance with the procedures laid down in regulation no 1069 / 2009 , since animal by - products for which no such end point has been determined are in any event excluded from the scope of this regulation . ### promising technical progress is being made in the field of recycling of waste , such as phosphorus recycling from sewage sludge , such as struvite , fertilising product production from animal by - products , such as biochar , and phosphorus recovery after incineration , such as ash - based products . it should be possible for products containing or consisting of such materials to access the internal market without unnecessary delay when the manufacturing processes have been scientifically analysed and process requirements have been established at union level . for that purpose , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of defining larger or additional categories of ce marked fertilising products or component materials eligible for use in the production of such products . for animal by - products , component material categories should be expanded or added only to the extent an end point in the manufacturing chain has been determined in accordance with the procedures laid down in regulation no 1069 / 2009 , since animal by - products for which no such end point has been determined are in any event excluded from the scope of this regulation .


### –where soft ground phosphate is present , phosphorus pentoxide soluble in formic acid ; ### –phosphorus pentoxide only soluble in mineral acids ;


### - 2 % by mass of total phosphorus pentoxide , or ### - 1 % by mass of phosphorus pentoxide soluble in neutral ammonium citrate and water , or


### manufacturers shall ensure that procedures are in place for ce marked fertilising products that are part of a series production to remain in conformity with this regulation . changes in production method or characteristics of those fertilising products and changes in the harmonised standards , common specifications referred to in article 13 or other technical specifications by reference to which conformity of a ce marked fertilising product is declared shall be adequately taken into account . ### manufacturers shall ensure that procedures are in place for ce marked fertilising products that are part of a series production to remain in conformity with this regulation . changes in characteristics of those fertilising products and changes in the harmonised standards , common specifications referred to in article 13 or other technical specifications by reference to which conformity of a ce marked fertilising product is declared shall be adequately taken into account .


### a blend of different ce marked fertilising products , each of which has been subject to a successful assessment of conformity with the applicable requirements for that material , can itself be expected to be suitable for use as a ce marked fertilising product , subject only to certain additional requirements warranted by the blending . therefore , in order to avoid an unnecessary administrative burden , such blends should belong to a separate category , for which the conformity assessment should be limited to the additional requirements warranted by the blending . ### a combination of different ce marked fertilising products , each of which has been subject to a successful assessment of conformity with the applicable requirements for that material , can itself be expected to be suitable for use as a ce marked fertilising product , subject only to certain additional requirements warranted by the mixing . therefore , in order to avoid an unnecessary administrative burden , such combinations should belong to a separate category , for which the conformity assessment should be limited to the additional requirements warranted by the mixing .


### products complying with all the requirements of this regulation should be allowed to move freely on the internal market . where one or more of the component materials in a ce marked fertilising product falls within the scope of regulation no 1069 / 2009 of the european parliament and of the council18 , but reaches a point in the manufacturing chain beyond which it no longer poses any significant risk to public or animal health , it would represent an unnecessary administrative burden to continue subjecting the product to the provisions of that regulation . such fertilising products should therefore be excluded from the requirements of that regulation . regulation no 1069 / 2009 should therefore be amended accordingly . _________________ 18 regulation no 1069 / 2009 of the european parliament and of the council of 21 october 2009 laying down health rules as regards animal by - products and derived products not intended for human consumption and repealing regulation no 1774 / 2002 . ### products complying with all the requirements of this regulation should be allowed to move freely on the internal market . where one or more of the component materials in a ce marked fertilising product falls within the scope of regulation no 1069 / 2009 of the european parliament and of the council18 , but reaches a point in the manufacturing chain beyond which it no longer poses any risk to public or animal health , it would represent an unnecessary administrative burden to continue subjecting the product to the provisions of that regulation . such fertilising products should therefore be excluded from the requirements of that regulation . regulation no 1069 / 2009 should therefore be amended accordingly . _________________ 18 regulation no 1069 / 2009 of the european parliament and of the council of 21 october 2009 laying down health rules as regards animal by - products and derived products not intended for human consumption and repealing regulation no 1774 / 2002 .


### where the market surveillance authorities of one member state have sufficient reason to believe that a ce marked fertilising product presents an unacceptable risk to human , animal or plant health , to safety or to the environment , they shall carry out an evaluation in relation to the fertilising product concerned covering the requirements laid down in this regulation . the relevant economic operators shall cooperate as necessary with the market surveillance authorities for that purpose . ### where the market surveillance authorities of one member state have sufficient reason to believe that a ce marked fertilising product presents a risk to human , animal or plant health , to safety or to the environment , they shall carry out an evaluation in relation to the fertilising product concerned covering all relevant requirements laid down in this regulation . the relevant economic operators shall cooperate as necessary with the market surveillance authorities for that purpose .


### an inorganic micronutrient fertiliser shall be an inorganic fertiliser other than a macronutrient fertiliser aimed at providing one or more of the following nutrients : boron , cobalt , copper , iron , manganese , molybdenum or zinc . ### an inorganic micronutrient fertiliser shall be an inorganic fertiliser other than a macronutrient fertiliser aimed at providing one or more of the following nutrients : boron , cobalt , copper , iron , manganese , molybdenum , selenium , silicon or zinc .


### an inorganic fertiliser shall be a fertiliser other than an organic or organo - mineral fertiliser . ### a mineral fertiliser shall be a fertiliser containing nutrients in a mineral form or processed into a mineral form . calcium cyanamide , urea and its condensation and association products shall be considered as containing nutrients in a mineral form .


### - lead 150 mg / kg dry matter . ### - lead 20 mg / kg dry matter .


### fertilising product blends , as specified in product function category 7 in annex i , containing a fertiliser referred to in point . ### combination of products , as specified in product function category 7 in annex i , containing a fertiliser referred to in point .


### a ce marked fertilising product may contain plants , plant parts or plant extracts having undergone no other processing than cutting , grinding , centrifugation , pressing , drying , freeze - drying or extraction with water . ### a ce marked fertilising product may contain plants , plant parts or plant extracts having undergone physical , mechanical or biochemical processing that may include further concentration , purification and / or blending , provided that the chemical nature of its components is not intentionally altered by chemical and / or microbial processes .


### the existing system should be supplemented by a procedure under which interested parties are informed of measures intended to be taken with regard to ce marked fertilising products presenting an unacceptable risk to human , animal or plant health , to safety or to the environment . it should also allow market surveillance authorities , in cooperation with the relevant economic operators , to act at an early stage in respect of such fertilising products . ### the existing system should be supplemented by a procedure under which interested parties are informed of measures intended to be taken with regard to ce marked fertilising products presenting a risk to human , animal or plant health , to safety or to the environment . it should also allow market surveillance authorities , in cooperation with the relevant economic operators , to act at an early stage in respect of such fertilising products .


### before placing a ce marked fertilising product on the market importers shall ensure that the appropriate conformity assessment procedure referred to in article 14 has been carried out by the manufacturer . they shall ensure that the manufacturer has drawn up the technical documentation , that the ce marked fertilising product is accompanied by the eu declaration of conformity and the required documents , and that the manufacturer has complied with the requirements set out in article 6 and . where an importer considers or has reason to believe that a ce marked fertilising product is not in conformity with the applicable requirements set out in annex i , annex ii or annex iii , he or she shall not place the fertilising product on the market until it has been brought into conformity . furthermore , where the ce marked fertilising product presents an unacceptable risk to human , animal or plant health , to safety or to the environment , the importer shall inform the manufacturer and the market surveillance authorities to that effect . ### before placing a ce marked fertilising product on the market importers shall ensure that the appropriate conformity assessment procedure referred to in article 14 has been carried out by the manufacturer . they shall ensure that the manufacturer has drawn up the technical documentation , that the ce marked fertilising product is accompanied by the eu declaration of conformity and the required documents , and that the manufacturer has complied with the requirements set out in article 6 and . where an importer considers or has reason to believe that a ce marked fertilising product is not in conformity with the applicable requirements of this regulation , he or she shall not place the fertilising product on the market until it has been brought into conformity . furthermore , where the ce marked fertilising product presents an unacceptable risk to human , animal or plant health , to safety or to the environment , the importer shall inform the manufacturer and the market surveillance authorities to that effect .