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


### where owner - managers of micro , small and medium - sized enterprises and self - employed workers change or , in the case of farmers , adjust their previous activities , such situations shall be considered as redundancies for the purposes of this regulation . ### where owner - managers of micro - enterprises and self - employed workers change or adjust their previous activities , such situations shall be considered as redundancies for the purposes of this regulation .


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


### the commission shall , on the basis of the assessment carried out in accordance with article 8 , particularly taking into account the number of targeted workers , the proposed actions and the estimated costs , evaluate and propose as quickly as possible the amount of a financial contribution , if any , that may be made within the limits of the resources available . the amount may not exceed 50&#160 ; % of the total of the estimated costs referred to in article 8 or 65&#160 ; % of these costs in the case of applications submitted by a member state on the territory of which at least one region at nuts ii level is eligible under the ' convergence ' objective of the structural funds . the commission , in its assessment of such cases , will decide whether the 65 % co - funding rate is justified . ### the commission shall , on the basis of the assessment carried out in accordance with article 8 , particularly taking into account the number of targeted workers , the proposed actions and the estimated costs , evaluate and propose as quickly as possible the amount of a financial contribution , if any , that may be made within the limits of the resources available . the amount may not exceed 60 % of the total of the estimated costs referred to in article 8 or 75 % of these costs in the case of applications submitted by a member state on the territory of which at least one region at nuts ii level is classified as ' less developed ' for structural fund purposes . the commission , in its assessment of such cases , will decide whether the 75 % co - funding rate is justified .


### where owner - managers of micro , small and medium - sized enterprises and self - employed workers change or , in the case of farmers , adjust their previous activities , such situations shall be considered as redundancies for the purposes of this regulation . ### where owner - managers of micro , small and medium - sized enterprises and self - employed workers change or adjust their previous activities such situations shall be considered as redundancies for the purposes of this regulation .


### the communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions on ' a budget for europe 2020 ' recognises the role of the egf as a flexible fund to support workers who lose their jobs and help them to find another job as rapidly as possible . the union should continue to provide , for the duration of the multiannual financial framework from 1 january 2014 to 31 december 2020 , specific , one - off support to facilitate the re - integration into employment of redundant workers in areas , sectors , territories or labour markets suffering the shock of serious economic disruption . given its purpose , which is to provide support in situations of urgency and unexpected circumstances , the egf should remain outside the multiannual financial framework . ### the communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions on ' a budget for europe 2020 ' recognises the role of the egf as a flexible fund to support workers who lose their jobs and help them to find another job as rapidly as possible . the union should continue to provide , for the duration of the multiannual financial framework from 1 january 2014 to 31 december 2020 , specific , one - off support to facilitate the re - integration into employment of redundant workers in areas , sectors , territories or labour markets suffering the shock of serious economic disruption . in view of the experience gained over 2007 - 2013 , the scope of the egf and certain arrangements for its mobilisation should , however , be partially modified . given its purpose , which is to provide support in situations of urgency and unexpected circumstances , the financial envelope allocated to the egf should remain outside and be supplementary to the ceilings for commitments established by the 2014 - 2020 multiannual financial framework .


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


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


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


### by 1 august of every second year , and for the first time in 2015 , the commission shall present to the european parliament and to the council a quantitative and qualitative report on the activities under this regulation and regulation 1927 / 2006 in the previous two years . the report shall focus mainly on the results achieved by the egf and shall in particular contain information relating to applications submitted , decisions adopted , actions funded , including their complementarity with actions funded by other union funds , notably the european social fund and the european agricultural fund for rural development , and the winding - up of financial contributions made . it should also document those applications that have been rejected or reduced owing to a lack of sufficient appropriations or to non - eligibility . ### by 1 august of every second year , and for the first time in 2015 , the commission shall present to the european parliament and to the council a quantitative and qualitative report on the activities under this regulation and regulation 1927 / 2006 in the previous two years . the report shall focus mainly on the results achieved by the egf and shall in particular contain information relating to applications submitted , decisions adopted and actions funded , as well as information relating to activities that pursue the objective of equality between men and women , information and statistics on the reintegration rate for workers , with particular reference to the more vulnerable categories such as women and the elderly , and the winding - up of financial contributions made . in that regard , the report shall include an assessment of the complementarity of such actions and activities with actions funded by other union funds , notably the european social fund and the european agricultural fund for rural development , . it shall also document those applications that have been rejected or reduced owing to a lack of sufficient appropriations or to non - eligibility . all data in the report where possible shall be segregated down by sex .


### where owner - managers of micro , small and medium - sized enterprises and self - employed workers change or , in the case of farmers , adjust their previous activities , such situations shall be considered as redundancies for the purposes of this regulation . ### where self - employed workers change or , in the case of farmers , adjust their previous activities , such situations shall be considered as redundancies for the purposes of this regulation .


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


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


### where on the basis of the assessment carried out in accordance with article 8 the commission has concluded that the conditions for a financial contribution are not met , it shall notify the applicant member state as soon as possible . ### where on the basis of the assessment carried out in accordance with article 8 the commission has concluded that the conditions for a financial contribution are not met , it shall immediately notify the applicant member state .


### the commission shall , on the basis of the assessment carried out in accordance with article 8 , particularly taking into account the number of targeted workers , the proposed actions and the estimated costs , evaluate and propose as quickly as possible the amount of a financial contribution , if any , that may be made within the limits of the resources available . the amount may not exceed 50&#160 ; % of the total of the estimated costs referred to in article 8 or 65&#160 ; % of these costs in the case of applications submitted by a member state on the territory of which at least one region at nuts ii level is eligible under the ' convergence ' objective of the structural funds . the commission , in its assessment of such cases , will decide whether the 65 % co - funding rate is justified . ### the commission shall , on the basis of the assessment carried out in accordance with article 8 , particularly taking into account the number of targeted workers , the proposed actions and the estimated costs , evaluate and propose as quickly as possible the amount of a financial contribution , if any , that may be made within the limits of the resources available . the amount may not exceed 50&#160 ; % of the total of the estimated costs referred to in article 8 or 75&#160 ; % of these costs in the case of applications submitted by a member state on the territory of which at least one region at nuts ii level is eligible under the ' convergence ' objective of the structural funds . the commission , in its assessment of such cases , will decide whether the 75 % co - funding rate is justified .


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


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


### workers made redundant as a result of a serious disruption of the local , regional or national economy caused by an unexpected crisis , provided that a direct and demonstrable link can be established between the redundancies and that crisis ; ### workers made redundant as a result of a serious disruption of the local , regional or national economy caused by a crisis , provided that a direct and demonstrable link can be established between the redundancies and that crisis ;


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


### in small labour markets or in exceptional circumstances , where duly substantiated by the applicant member state , an application for a financial contribution under this article may be considered admissible even if the criteria laid down in points or of paragraph 1 are not entirely met , when redundancies have a serious impact on employment and the local economy . the member state shall specify which of the intervention criteria set out in points and of paragraph 1 is not entirely met . ### in small labour markets or in exceptional circumstances , in particular with regard to collective applications involving smes , where duly substantiated by the applicant member state , an application for a financial contribution under this article may be considered admissible even if the criteria laid down in points or of paragraph 1 are not entirely met , when redundancies have a serious impact on employment and the local economy . the member state shall specify which of the intervention criteria set out in points and of paragraph 1 is not entirely met .


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


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


### redundant workers should have equal access to the egf independently of their type of employment contract or employment relationship . therefore , workers with fixed term contracts and temporary agency workers made redundant as well as owner - managers of micro , small and medium - sized enterprises and self - employed workers who cease their activities and farmers who change or adjust their activities to a new market situation following trade agreements , should be regarded as redundant workers for the purposes of this regulation . ### redundant workers should have equal access to the egf independently of their type of employment contract or employment relationship . therefore , workers with fixed term contracts and temporary agency workers made redundant as well as owner - managers of small - sized enterprises of a size of up to five employees and self - employed workers and workers who would like to establish a new undertaking or take over an existing one in order to generate a new source of income or those who cease their activities should be regarded as redundant workers for the purposes of this regulation .


### the aim of the egf shall be to contribute to economic growth and employment in the union by enabling the union to show solidarity towards workers made redundant as a result of major structural changes in world trade patterns due to globalisation , trade agreements affecting agriculture , or an unexpected crisis , and to provide financial support for their rapid reintegration into employment , or for changing or adjusting their agricultural activities . ### the aim of the egf shall be to contribute to economic growth and employment in the union by enabling the union to show solidarity towards workers made redundant as a result of major structural changes in world trade patterns due to globalisation , trade agreements seriously affecting union economic sectors , in particular agriculture , or a financial and economic crisis , and to provide financial support for their rapid reintegration into employment , or for changing or adjusting their activities .


### redundant workers should have equal access to the egf independently of their type of employment contract or employment relationship . therefore , workers with fixed term contracts and temporary agency workers made redundant as well as owner - managers of micro , small and medium - sized enterprises and self - employed workers who cease their activities and farmers who change or adjust their activities to a new market situation following trade agreements , should be regarded as redundant workers for the purposes of this regulation . ### redundant workers should have equal access to the egf independently of their type of employment contract or employment relationship . therefore , workers with fixed term contracts and temporary agency workers made redundant as well as owner - managers of micro - enterprises , and self - employed workers who cease or change their existing activities or adjust them to a new market situation following trade agreements , should be regarded as redundant workers for the purposes of this regulation .


### the commission shall take appropriate preventive measures ensuring that , when actions financed under this regulation are implemented , the financial interests of the union are protected against fraud , corruption and any other illegal activities , by effective checks and , if irregularities are detected , by the recovery of amounts wrongly paid and , where appropriate , by effective , proportional and deterrent penalties , in accordance with article 325 of the treaty , council regulation no 2988 / 95 of 18 december 1995 on the protection of the european communities ' financial interests and the financial regulation . ### the commission shall take appropriate preventive measures and carry out effective checks ensuring that , when actions financed under this regulation are implemented , the financial interests of the union are protected against fraud , corruption and any other illegal activities . 1a . if irregularities are detected , amounts wrongly paid shall be recovered primarily by offsetting and , where appropriate , the protection of the financial interests of the union in accordance with article 325 of the treaty , council regulation no 2988 / 95 of 18 december 1995 on the protection of the european communities’ financial interests and the financial regulation may include effective , proportional and deterrent penalties .


### the commission may make use of the appropriations referred to paragraph 1 to finance technical and / or administrative assistance , in particular relating to auditing , outsourcing of translation , meetings of experts , and information and communication activities for the mutual benefit of the commission and the beneficiaries . ### the commission may use up to 3 % of the appropriations referred to in paragraph 1 to finance technical and / or administrative assistance , in particular relating to auditing , outsourcing of translation , meetings of experts , cooperation with third countries and information and communication activities for the mutual benefit of the commission and the beneficiaries .


### in order to facilitate targeted roadside checks by the competent control authorities , the recording equipment installed in vehicles put into service for the first time [ 48 months after the entry into force of this regulation ] shall be able to communicate while the vehicle is in motion to those authorities . ### in order to facilitate targeted roadside checks by the competent control authorities , the tachograph installed in vehicles registered for the first time 24 months after the entry into force of specifications referred to in this article shall be able to communicate while the vehicle is in motion to those authorities .


### an authorised inspecting officer may check compliance with regulation no 561 / 2006 by analysis of the record sheets , of the displayed or printed data which have been recorded by the recording equipment or by the driver card or , failing this , by analysis of any other supporting document that justifies non - compliance with a provision , such as those laid down in articles 24 and 33 of this regulation . ### a certified inspecting officer may check compliance with regulation no 561 / 2006 by analysis of the record sheets , of the displayed , printed or downloaded data which have been recorded by the tachograph or by the driver card or , failing this , by analysis of any other supporting document that justifies non - compliance with a provision , such as those laid down in articles 24 and 33 of this regulation .


### ‘ daily work period’ means the period comprising the driving time , all other periods of work , the periods of availability , breaks in work and periods of rest not exceeding nine hours . ### ‘ daily working period’ means the period which commences at the time when the driver activates the tachograph following a weekly or daily rest period , or , if the daily rest is divided into separate periods , following a rest period of at least nine hours ' duration . it ends at the beginning of a daily rest period or , if the daily rest is divided into separate periods , at the beginning of a rest period extending over a minimum of nine consecutive hours .


### ‘ control card’ means a tachograph card issued by the authorities of a member state to a national competent control authority which identifies the control body and optionally the control officer and allows access to the data stored in the data memory or in the driver cards for reading , printing and / or downloading ; ### ‘ control card’ means a tachograph card issued by the authorities of a member state to a national competent control authority which identifies the control body and the control officer and allows access to the data stored in the data memory or in the driver cards , the company card and the workshop card for reading , printing and / or downloading ;


### for that purpose , vehicles put into service for the first time [ 48 months after the entry into force of this regulation ] shall be fitted with recording equipment connected to a global navigation satellite system . ### for that purpose , vehicles put into service for the first time 24 months after the entry into force of the specifications as referred to in this article and in article 3g shall be fitted with a tachograph connected to a global navigation satellite system .


### the driver card shall be issued , at the request of the driver by the competent authority of the member state where the driver has his normal residence . it shall be issued within one month of the request being received by the competent authority . ### the driver card shall be issued , at the request of the driver by the competent authority of the member state where the driver has his normal residence . it shall be issued within 15 days of the request being received by the competent authority .


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


### for the purpose of paragraph 1 , vehicles put into service for the first time [ 48 months after the entry into force of this regulation ] shall be fitted with recording equipment equipped with a harmonised interface allowing the data recorded or produced to be used for intelligent transport systems applications . ### for the purpose of paragraph 1 , vehicles put into service for the first time 24 months after the entry into force of the technical specifications referred to in this article shall be fitted with a tachograph equipped with a harmonised interface allowing the data recorded or produced to be used for intelligent transport systems application .


### the sanctions laid down by member states for very serious infringements as defined in directive 2009 / 5 / ec shall be of the highest categories applicable in the member state for infringements of road transport legislation . ### sanctions for very serious infringements pursuant to article 36b shall be of the highest categories applicable in the member state for infringements of road transport legislation . the sanctions referred to in paragraph 1 shall include , in particular : the suspension and withdrawal of the authorisation to engage in the occupation of road transport operator ; a declaration of unfitness of the transport manager ; the withdrawal of the driver card ; the suspension or withdrawal of the driving licence ; the immobilisation of the vehicle .


### the data exchanged shall be used for the sole purpose of controlling compliance with this regulation and regulation no 561 / 2006 . it shall not be transmitted to entities other than control authorities . ### the data exchanged shall be used for the sole purpose of controlling compliance with this regulation and regulation no 561 / 2006 . it shall not be transmitted to entities other than control authorities or judicial bodies , in the framework of an ongoing judicial procedure .


### ' workshop card ' means a tachograph card issued by the authorities of a member state to a recording equipment manufacturer , a fitter , a vehicle manufacturer or a workshop approved by that member state which identifies the cardholder and allows for the testing , calibration and / or downloading of the recording equipment ; ### ' workshop card ' means a tachograph card issued by the authorities of a member state to designated staff of a tachograph manufacturer , a fitter , a vehicle manufacturer or a workshop approved by that member state which identifies the cardholder and allows for the testing , calibration and / or downloading of the tachograph ;


### the commission shall be empowered to adopt delegated acts in accordance with article 39 concerning the supplementing of annex ib with the detailed technical specifications necessary to enable remote communication between the recording equipment and the competent control authorities as set out in this article . ### the commission shall be empowered to adopt delegated acts in accordance with article 39 concerning the development of the detailed specifications necessary to enable remote communication between the tachograph and the competent control authorities as set out in this article .


### manufacturers or their agents shall submit an application for eu approval of a type of vehicle unit , motion sensor , model record sheet or tachograph card to the type approval authorities designated to that effect by each member state . ### manufacturers or their agents shall submit an application for eu approval of a type of vehicle unit , motion sensor , model record sheet , tachograph card or software used by the competent control authorities to interpret data to the type approval authorities designated to that effect by each member state .


### communication shall be established with the recording equipment only when so requested by the equipment of the control authorities . it shall be secured to ensure data integrity and authentication of the recording and control equipment . ### the communication referred to in paragraph 1 shall be established with the tachograph only when so requested by the equipment of the control authorities . it shall be secured to ensure data integrity and authentication of the tachograph and control equipment . the access to the data communicated shall be restricted to enforcers authorised to control infringements of this regulation and regulation no 561 / 2006 and to workshops insofar as it is necessary to verify the correct functioning of the tachograph .


### the data may only be stored by the control authorities for the duration of a roadside check , and shall be deleted at the latest two hours after this has concluded . ### the data may only be stored by the control authorities for the duration of a roadside check , and shall be deleted at the latest two hours after its communication unless the data indicates a possible manipulation or misuse of the tachograph . if in the course of the following roadside check the manipulation or misuse is not confirmed , the data transmitted shall be deleted immediately .


### ' recording equipment ' means the equipment intended for installation in road vehicles to display , record , print , store and output automatically or semi - automatically details of the movement of such vehicles and of certain work periods of their drivers ; ### ' tachograph ' means the equipment intended for installation in road vehicles to display , record , print , store and output automatically or semiautomatically details of the movement of such vehicles and of driver activity and data ;


### to ensure fair competition in the internal road transport market and to give a clear message to drivers and transport undertakings , the member states ' highest category of sanctions should be imposed for ‘ very serious’ infringements nos 3820 / 85 and 3821 / 85 concerning social legislation relating to road transport activities ) , without prejudice to the principle of subsidiarity . ### to ensure fair competition in the internal road transport market and to give a clear message to drivers and transport undertakings , the definition of very serious infringements against this regulation should be harmonised and binding in nature and the member states ' highest category of sanctions should be imposed for ‘ very serious’ infringements , without prejudice to the principle of subsidiarity .


### in order to facilitate targeted roadside checks by the competent control authorities , the recording equipment installed in vehicles put into service for the first time [ 48 months after the entry into force of this regulation ] shall be able to communicate while the vehicle is in motion to those authorities . ### in order to facilitate targeted roadside checks by the competent control authorities , the tachograph installed in vehicles registered for the first time 24 months after the entry into force of specifications referred to in this article shall be able to communicate while the vehicle is in motion to those authorities .


### an authorised inspecting officer may check compliance with regulation no 561 / 2006 by analysis of the record sheets , of the displayed or printed data which have been recorded by the recording equipment or by the driver card or , failing this , by analysis of any other supporting document that justifies non - compliance with a provision , such as those laid down in articles 24 and 33 of this regulation . ### a certified inspecting officer may check compliance with regulation no 561 / 2006 by analysis of the record sheets , of the displayed , printed or downloaded data which have been recorded by the tachograph or by the driver card or , failing this , by analysis of any other supporting document that justifies non - compliance with a provision , such as those laid down in articles 24 and 33 of this regulation .


### establishing cooperation and launching joint actions with other public and private funders ; ### establishing cooperation and launching joint actions with other public and private funders , non - governmental organisations and foundations ;


### since the objectives of this decision , namely to contribute to the reduction of the social and economic burden of poverty - related diseases in developing countries and in particular in sub - saharan africa by accelerating the clinical development of effective , safe and affordable medical interventions for poverty - related diseases , cannot be sufficiently achieved by the member states due to the lack of necessary critical mass to be achieved , both in human and financial terms , and can therefore , by reason of the scale of the action , be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on the european union . in accordance with the principle of proportionality , as set out in that article , this decision does not go beyond what is necessary for that purpose . ### since the objectives of this decision , namely to contribute to the reduction of the social and economic burden of poverty - related diseases , neglected infectious diseases and diseases that chiefly affect children in developing countries and in particular in sub - saharan africa by accelerating the clinical development of effective , safe and affordable medical interventions for poverty - related diseases , cannot be sufficiently achieved by the member states due to the lack of necessary critical mass to be achieved , both in human and financial terms , and can therefore , by reason of the scale of the action , be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on the european union . in accordance with the principle of proportionality , as set out in that article , this decision does not go beyond what is necessary for that purpose .


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


### on the basis of the information referred to in paragraph 1 , and any clarifications to be provided by the eligible state , the commission shall assess whether the conditions for mobilising the fund are met and shall determine the amount of any possible contribution from the fund as quickly as possible within the limits of the financial resources available . ### on the basis of the information referred to in paragraph 1 , and any clarifications to be provided by the eligible state , the commission shall assess whether the conditions for mobilising the fund are met and shall determine the amount of any possible contribution from the fund as quickly as possible , and no later than five weeks after receiving the application , within the limits of the financial resources available .


### the amount of the advance shall not exceed 10 % of the amount of the contribution anticipated and shall in no case exceed eur 30 000 000 . once the definitive amount of the contribution has been determined , the commission shall take into account the sum of the advance prior to the balance of the contribution being paid . the commission shall recover unduly paid advances . ### the amount of the advance shall not exceed 15 % of the amount of the contribution anticipated and shall in no case exceed eur 40 000 000 . once the definitive amount of the contribution has been determined , the commission shall take into account the sum of the advance prior to the balance of the contribution being paid . the commission shall recover unduly paid advances .


### the contribution from the fund shall be used within one year from the date on which the commission has disbursed the full amount of the assistance . any part of the contribution remaining unused by that deadline or found to be used for ineligible operations shall be recovered by the commission from the beneficiary state . ### the contribution from the fund shall be used within 18 months from the date on which the commission has disbursed the full amount of the assistance . any part of the contribution remaining unused by that deadline or found to be used for ineligible operations shall be recovered by the commission from the beneficiary state .


### restoring the working order of infrastructure and plant in the fields of energy , water and waste water , telecommunications , transport , health and education ; ### restoring the working order of infrastructure and plant in the fields of energy , water and waste water , telecommunications , transport , health and education ; this may take place on a different site if restoration to original condition on the same site would involve a demonstrable risk of damage recurring in the event of a future disaster ;


### any other relevant information on prevention and mitigation measures taken related to the nature of the disaster . ### any other relevant information , where available , on prevention and mitigation measures taken related to the nature of the disaster .


### no later than six months after the expiry of the one - year period referred to in paragraph 1 , the beneficiary state shall present a report on the implementation of the contribution from the fund with a statement justifying the expenditure , indicating any other source of funding received for the operations concerned , including insurance settlements and compensation from third parties . ### no later than six months after the expiry of the 18 - month year period referred to in paragraph 1 , the beneficiary state shall present a report on the implementation of the contribution from the fund with a statement justifying the expenditure , indicating any other source of funding received for the operations concerned , including insurance settlements and compensation from third parties . to enhance the visibility of european solidarity and ensure that it is clearly recognisable , the report should also set out in what way the public was informed that the expenditure in question came from the fund .


### supporting the circulation of european literature ; ### supporting the transnational circulation of works and cultural and artistic products ;


### support initiatives presenting and promoting a diversity of european audiovisual works ; ### support initiatives presenting and promoting a diversity of european audiovisual works , including their linguistic diversity , through the provision of support for translation , dubbing and subtitling ;


### the european cultural and creative sectors are inherently fragmented along national and linguistic lines . on the one hand , fragmentation results in a culturally diverse and highly independent cultural landscape , providing a voice for the different cultural traditions forming the diversity of our european heritage . on the other hand , fragmentation leads to limited and sub - optimal transnational circulation of cultural and creative works and operators within and outside the union , to geographical imbalances and - subsequently - to a limited choice for the consumer . ### the european cultural and creative sectors are inherently fragmented along national and linguistic lines and also in terms of their chances to introduce themselves to the wider public . as for national differences , the fact that the situation of the cultural and creative sectors is much more difficult in some member states having lower production capacity , limited purchasing power and sponsoring capacity , cannot be ignored ; therefore , special efforts should be made to promote the cultural and creative sector ' s potential to reach customers . on the one hand , fragmentation results in a culturally diverse and highly independent cultural landscape , providing a voice for the different cultural traditions forming the diversity of our european heritage . on the other hand , fragmentation leads to limited and sub - optimal transnational circulation of cultural and creative works and operators within and outside the union , to geographical and social imbalances and - subsequently - to a limited choice for the consumer .


### draft legislative resolution ### considers that the reference amount indicated in the legislative proposal may not be compatible with the ceiling of subheading 1a of the current multiannual financial framework 2007 - 2013 without jeopardising the financing of other priorities ; stresses its intention of using all the necessary means provided by the interinstitutional agreement of 17 may 2006 between the european parliament , the council and the commission on budgetary discipline and sound financial management , including the revision of the financial framework in order to ensure the financing of this new agency without jeopardising the financing of its other priorities under this subheading and ensuring that a sufficient margin will remain in subheading 1a ;


### in order to guarantee its full autonomy and independence , the authority should be granted an autonomous budget with revenues mainly from obligatory contributions from national supervisory authorities and from the general budget of the european union . the community budgetary procedure should be applicable as far as the community contribution is concerned . the auditing of accounts should be undertaken by the court of auditors . ### in order to guarantee its full autonomy and independence , the authority should be granted an autonomous budget with revenues mainly from obligatory contributions from national supervisory authorities and from the general budget of the european union . the community budgetary procedure should be applicable as far as the community contribution is concerned . the auditing of accounts should be undertaken by the court of auditors . the overall budget is subject to the discharge procedure .


### by 30 june 2014 , the commission shall assess whether the union is likely to achieve its target of 20 % primary energy savings by 2020 , requiring a reduction of eu primary energy consumption of 368 mtoe in 2020 , taking into account the sum of the national targets referred to in paragraph 1 and the evaluation referred to in article 19 . ### member states are obliged to realise their energy savings obligations laid out in annex i through the implementation of measures prescribed by this directive , but also through national , regional and local measures .


### by 30 april each year , member states shall report on the progress achieved towards national energy efficiency targets , in accordance with annex xiv . ### by 30 april each year , member states shall report on the progress achieved towards the binding national energy efficiency targets , in accordance with annex xiv .


### member states may lay down conditions for exemption from the provisions in the first sub - paragraph when : ### member states shall lay down conditions for exemption from the provisions in the first sub - paragraph when :


### by 1 january 2014 , member states shall establish and notify to the commission a national heating and cooling plan for developing the potential for the application of high - efficiency cogeneration and efficient district heating and cooling , containing the information set out in annex vii . the plans shall be updated and notified to the commission every five years . member states shall ensure by means of their regulatory framework that national heating and cooling plans are taken into account in local and regional development plans , including urban and rural spatial plans , and fulfil the design criteria in annex vii . ### by 1 january 2014 , member states shall establish and notify to the commission a national heating and cooling plan for developing the potential for the application of high - efficiency cogeneration and efficient district heating and cooling , containing the information set out in annex vii . the administrative outlay on this should be minimised . the plans shall be updated and notified to the commission every five years . member states shall ensure by means of their regulatory framework that national heating and cooling plans are taken into account in local and regional development plans , including urban and rural spatial plans , and fulfil the design criteria in annex vii . priority should be given in these spatial development plans to high efficiency cogeneration .


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


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


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


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


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


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


### member states shall set a national energy efficiency target expressed as an absolute level of primary energy consumption in 2020 . when setting these targets , they shall take into account the union ' s target of 20 % energy savings , the measures provided for in this directive , the measures adopted to reach the national energy saving targets adopted pursuant to article 4 of directive 2006 / 32 / ec and other measures to promote energy efficiency within member states and at union level . ### member states shall adopt a binding national energy efficiency target expressed as an absolute level of primary energy consumption in 2020 . these targets shall together enable the eu to reduce its primary energy consumption by 25% by 2020 .


### member states opting for this option shall notify to the commission , by 1 january 2013 at the latest , the alternative measures that they plan to adopt , including the rules on penalties referred to in article 9 , and demonstrating how they would achieve the required amount of savings . the commission may refuse such measures or make suggestions for modifications in the 3 months following notification . in such cases , the alternative approach shall not be applied by the member state concerned until the commission expressly accepts the resubmitted or modified draft measures . ### member states opting for this option shall notify to the commission , by 1 january 2013 at the latest , the part of their obligation that will be fulfilled with payments into the funds by the obligated parties , including the rules on penalties referred to in article 9 , and illustrate what programmes and measures they plan to put in place using the payment collected into the fund to achieve the required amount of savings . the commission may refuse such measures or make suggestions for modifications in the 3 months following notification . in such cases , the programmes and measures shall not be applied by the member state concerned until the commission expressly accepts the resubmitted or modified draft measures .


### when member states put in place the roll - out of smart meters foreseen by directives 2009 / 72 / ec and 2009 / 73 / ec concerning electricity and gas markets , they shall ensure that the objectives of energy efficiency and final customer benefits are fully taken into account when establishing the minimum functionalities of the meters and obligations imposed on market participants . ### when member states put in place the roll - out of smart meters , these should be subject to a full cost - benefit analysis of the consumer interest , as foreseen by directives 2009 / 72 / ec and 2009 / 73 / ec concerning electricity and gas markets . when establishing the minimum functionalities of the meters and obligations imposed on market participants , member states shall ensure that the objectives of energy efficiency and final customer benefits are fully taken into account .


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


### developing comprehensive , high quality and interoperable railway systems ; ### developing comprehensive , high - quality accessible and interoperable railway systems ;


### developing comprehensive , high quality and interoperable railway systems ; ### developing comprehensive , high quality and interoperable railway and inland waterway systems ;


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


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


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


### the posting takes place to a member state other than the one in or from which the posted worker habitually carries out his or her work according to regulation no 593 / 2008 and / or the rome convention ; ### the posting takes place to a member state other than the one in or from which the posted worker habitually carries out his or her work ;


### make the information available to workers and service providers in languages other than the national language of the country in which the services are provided , if possible in summarised leaflet form indicating the main labour conditions applicable and upon requests in formats accessible to persons with disabilities ; ### make the information available to workers and service providers in the requested official eu language , if possible in summarised leaflet form indicating the main labour conditions applicable and upon requests in formats accessible to persons with disabilities ; further detailed information on labour and social conditions including occupational health and safety shall be easily made available by different means of communication including contact points and shall be free of charge ;


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


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


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


### for the enforcement of the obligations under article 6 of directive 96 / 71 / ec and this directive , member states shall ensure that there are effective mechanisms for posted workers to lodge complaints against their employers directly , as well as the right to institute judicial or administrative proceedings , also in the member state in whose territory the workers are or were posted , where such workers consider they have sustained loss or damage as a result of a failure to apply the applicable rules , even after the relationship in which the failure is alleged to have occurred has ended . ### for the enforcement of the obligations under this directive and under directive 96 / 71 / ec , member states shall ensure that there are effective mechanisms for posted workers to lodge complaints against their employers directly , as well as the right to institute judicial or administrative proceedings , also in the member state in whose territory the workers are or were posted , where such workers consider they have sustained loss or damage as a result of a failure to apply the applicable rules , even after the relationship in which the failure is alleged to have occurred has ended .


### paragraphs 1 and 3 shall apply without prejudice to national rules on prescription deadlines or time limits for bringing similar actions and to national rules of procedure concerning representation and defence before the courts . ### paragraphs 1 and 3 shall apply without prejudice to national rules on prescription deadlines or time limits for bringing similar actions and to national rules of procedure concerning representation and defence before the courts . however , a minimum period of at least six months for filing a claim shall be provided for under national rules of procedure .


### an obligation to designate a contact person to negotiate , if necessary , on behalf of the employer with the relevant social partners in the member state to which the posting takes place , in accordance with national legislation and practice , during the period in which the services are provided . ### if necessary , to designate a contact person to negotiate , if necessary , on behalf of the employer with the relevant social partners in the member state to which the posting takes place , in accordance with national legislation and practice , during the period in which the services are provided . the representative or the contact person can be any person chosen by the employer or employers association in the member state of establishment of which the employer is a member .


### indicate , if possible , a contact person at the liaison office in charge of dealing with requests for information ; ### indicate a contact person at the liaison office in charge of dealing with requests for information ;


### member states may only impose the following administrative requirements and control measures : ### member states shall impose the following administrative requirements and control measures :


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


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


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


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


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


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


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


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


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


### member states may only impose the following administrative requirements and control measures : ### member states shall impose administrative requirements and effective control measures . these measures shall include in particular :


### paragraphs 1 and 3 shall apply without prejudice to national rules on prescription deadlines or time limits for bringing similar actions and to national rules of procedure concerning representation and defence before the courts . ### paragraphs 1 and 3 shall apply without prejudice to national rules on prescription deadlines or time limits for bringing similar actions and to national rules of procedure concerning representation and defence before the courts and to national provisions according to which the parties to the collective agreements enforce these agreements .


### in order to ensure the correct application of , and to monitor compliance with , the substantive rules on the terms and conditions of employment to be respected with regard to posted workers , member states should apply only certain control measures or administrative formalities to undertakings posting workers for the provision of services . such measures and requirements may only be imposed provided that the competent authorities cannot carry out their supervisory task effectively without the requested information and the necessary information cannot be obtained easily from the employer of posted workers or the authorities in the member state of establishment of the service provider within a reasonable delay and / or less restrictive measures would not ensure that the objectives of the national controls measures deemed necessary are attained . ### in order to ensure the correct application of , and to monitor compliance with , the substantive rules on the terms and conditions of employment to be respected with regard to posted workers , member states should apply the necessary control measures and administrative formalities to undertakings posting workers for the provision of services in order to effectively combat fraud and unfair competition .


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


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


### all the factual elements enumerated above are indicative factors in the overall assessment to be made and may not therefore be considered in isolation . the criteria shall be adapted to each specific case and take account of the specificities of the situation . ### all the factual elements enumerated above shall be included in the overall assessment to be made and shall not therefore be considered in isolation . the criteria shall be adapted to each specific case and take account of the specificities of the situation .


### the place where the undertaking performs its substantial business activity and where it employs administrative staff , ### the place where posted workers are recruited and usually employed ;


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


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


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


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


### ' competent authority ' means an authority designated by a member state to perform functions under this directive ; ### ' competent authority ' means public authorities of a member state designated by this member state to perform functions under this directive ;


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


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


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


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


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


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


### member states shall ensure that inspections and controls of compliance with directive 96 / 71 / ec are not discriminatory and / or disproportionate . ### member states shall ensure that inspections and controls of compliance with this directive and directive 96 / 71 / ec are not discriminatory and shall allocate the necessary resources for such inspections and controls .


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


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


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


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


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


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


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


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


### this directive establishes a general common framework of appropriate provisions , measures and control mechanisms necessary for better and more uniform implementation , application and enforcement in practice of directive 96 / 71 / ec , including measures to prevent and sanction any abuse and circumvention of the applicable rules . ### this directive establishes a set of provisions , measures and control mechanisms enabling member states to ensure better and more uniform implementation , application and enforcement in practice of directive 96 / 71 / ec , including measures to prevent and sanction any abuse and circumvention of the terms and conditions of employment that apply in the place where the service is to be performed , without prejudice to more favourable treatment of the worker .


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


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


### national labour inspectorates , social partners and other monitoring bodies are of paramount importance in this respect and should continue to play a crucial role . ### national labour inspectorates , social partners and other monitoring authorities are of paramount importance in this respect and should continue to play a crucial role .


### make the information available to workers and service providers in languages other than the national language of the country in which the services are provided , if possible in summarised leaflet form indicating the main labour conditions applicable and upon requests in formats accessible to persons with disabilities ; ### make the information available to workers and service providers in the requested official eu language , if possible in summarised leaflet form indicating the main labour conditions applicable and upon requests in formats accessible to persons with disabilities ; further detailed information on labour and social conditions including occupational health and safety shall be easily made available by different means of communication including contact points and shall be free of charge ;


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