### a contracting authority or a contracting entity as referred to in paragraph 1 subparagraph 1 of article 4 , which does not exercise over a legal person control within the meaning of paragraph 1 , may nevertheless award a concession without applying the provisions of the current directive to a legal person which it controls jointly with other such contracting authorities or entities , where the following conditions are fulfilled : ### a contracting authority or a contracting entity as referred to in paragraph 1 subparagraph 1 of article 4 , which does not exercise over a legal person control within the meaning of paragraph 1 , may nevertheless award a concession outside the scope of the current directive to a legal person which it controls jointly with other such contracting authorities or entities , and the legal person over which the contracting authority or authorities exercise control may acquire goods and services from those public owners without applying this directive , where the following conditions are fulfilled :


### the agreement establishes a genuine co - operation between the participating contracting authorities or entities aimed at carrying out jointly their public service tasks and involving mutual rights and obligations of the parties ; ### the purpose of the partnership is the provision of a public - service task conferred on all participating public authorities ;


### the agreement establishes a genuine co - operation between the participating contracting authorities or entities aimed at carrying out jointly their public service tasks and involving mutual rights and obligations of the parties ; ### the agreement establishes a genuine co - operation between the participating contracting authorities or entities aimed at carrying out jointly their public service tasks or pooling the resources required to perform them properly and involving mutual rights and obligations of the parties ;


### the agreement establishes a genuine co - operation between the participating contracting authorities or entities aimed at carrying out jointly their public service tasks and involving mutual rights and obligations of the parties ; ### the agreement establishes a genuine co - operation between the participating contracting authorities aimed at carrying out jointly or on each other ' s behalf their public service tasks ;


### groups of economic operators may submit tenders or put themselves forward as candidates . ### groups of economic operators , including consortia of undertakings , may submit tenders or put themselves forward as candidates .


### where it is aware of any other serious violation of provisions of european union or of national law aimed at the protection of public interests compatible with the treaty ; ### where it is aware of any other violations of provisions of european union or of national law aimed at the protection of public interests compatible with the treaty ; these shall include , in particular , violations of social , labour and environmental law ;


### granting union railway undertakings the right of access to railway infrastructure in all member states for the purpose of operating domestic passenger services may have implications for the organisation and financing of rail passenger services provided under a public service contract . member states should have the option of limiting such right of access where it would compromise the economic equilibrium of those public service contracts and where approval has been given by the relevant regulatory body . ### granting union railway undertakings the right of access to railway infrastructure in all member states for the purpose of operating domestic passenger services may have implications for the organisation and financing of rail passenger services provided under a public service contract . member states should have the option of limiting such right of access where it would compromise the quality of the service and the availability also in remote areas or the economic equilibrium of those public service contracts and where approval has been given by the relevant regulatory body .


### member states shall ensure that infrastructure managers set up and organise coordination committees for each network . membership of this committee shall be open at least to the infrastructure manager , known applicants in the sense of article 8 and , upon their request , potential applicants , their representative organisations , representatives of users of the rail freight and passenger transport services and , where relevant , regional and local authorities . member state representatives and the regulatory body concerned shall be invited to the meetings of the coordination committee as observers . ### member states shall ensure that infrastructure managers set up and organise coordination committees for each network . membership of this committee shall be open at least to the infrastructure manager , known applicants in the sense of article 8 and , upon their request , potential applicants , their representative organisations , including representatives of their employees , representatives of users of the rail freight and passenger transport services and of the railway sector ' s workers and , where relevant , regional and local authorities and other potential stakeholders . member state representatives and the regulatory body concerned shall be invited to the meetings of the coordination committee as observers .


### member states shall ensure that infrastructure managers set up and organise coordination committees for each network . membership of this committee shall be open at least to the infrastructure manager , known applicants in the sense of article 8 and , upon their request , potential applicants , their representative organisations , representatives of users of the rail freight and passenger transport services and , where relevant , regional and local authorities . member state representatives and the regulatory body concerned shall be invited to the meetings of the coordination committee as observers . ### member states shall set up , or task the infrastructure manager to set up , a coordination committee for each railway network or group of networks . membership of this committee shall be open at least to the infrastructure manager , the member state representatives , known applicants in the sense of article 8 , the representatives of the competent authorities and , upon their request , potential applicants , their representative organisations , representatives of users of the rail freight and passenger transport services and , where relevant , regional and local authorities . representatives of the regulatory body concerned shall be invited to the meetings of the coordination committee as observers . member states may provide for the participation of railway workers ' representatives .


### the process for allocation of infrastructure capacity , including priority rules for the allocation of capacity between different categories of infrastructure users ; ### the process for allocation of infrastructure capacity , including priority rules for the allocation of capacity between different categories of infrastructure users ; the principles of coordination in the event of conflicting requests to operate a rail service shall be governed by article 46 ;


### the coordination committee shall have the power to request relevant information from the infrastructure manager on points to in order to be able to carry out these tasks . ### the coordination committee shall immediately inform the member state of its proposals . subject to compliance with the principle of industrial and commercial secrecy , and provided that its requests are reasonable , the coordination committee shall have the power to request relevant information from the infrastructure manager on points to in order to be able to carry out these tasks


### the coordination committee shall draw up rules of procedure that include , in particular , rules on participation in and frequency of meetings which shall be at least quarterly . a report of the coordination committee’s discussions shall be submitted annually to the infrastructure manager , the member state , the regulatory body concerned and the commission with an indication of the respective positions taken by the committee members . ### the coordination committee shall draw up rules of procedure that include , in particular , rules on participation in and frequency of meetings which shall be at least annual . a report of the coordination committee’s discussions shall be submitted annually to the infrastructure manager , the member state and the regulatory body concerned .


### member states may limit the right of access provided for in article 10 to passenger services between a given place of departure and a given destination when one or more public service contracts cover the same route or an alternative route if the exercise of this right would compromise the economic equilibrium of the public service contract or contracts in question . ### with the exception of high - speed passenger services , member states may limit the right of access provided for in article 10 to passenger services between a given place of departure and a given destination when one or more public service contracts cover the same route or an alternative route if the exercise of this right would compromise the economic equilibrium of the public service contract or contracts in question . where a public service contract is awarded through a competitive public tendering procedure in accordance with union law , member states may , in accordance with regulation no 1370 / 2007 of the european parliament and of the council of 23 october 2007 on public passenger transport services by rail and by road1 , limit the right of access provided for in article 10 of this directive for the duration of that public service contract on services between a place of departure and a destination which are covered by that public service contract . the information that the right of access is limited shall be made public when the tendering procedure for that public service contract is launched . the limitations referred to in this subparagraph shall not have the effect of restricting the right to pick up passengers at any station located along the route of an international service and to set them down at another , including at stations located in the same member state , unless the exercise of that right would compromise the economic equilibrium of the public service contract in question . __________________ 1 oj l 315 , 3 . 12 . 2007 , p . 1 .


### in order to determine whether the economic equilibrium of a public service contract would be compromised , the relevant regulatory body or bodies referred to in article 55 shall make an objective economic analysis and base its decision on pre - determined criteria . they shall determine this after a request from any of the following , submitted within one month from the information on the intended passenger service referred to in article 38 : ### in order to determine whether the economic equilibrium and the availability and quality of a public service contract would be compromised , the relevant regulatory body or bodies referred to in article 55 shall make an objective economic , social and environmental analysis , including an analysis of the employment situation and conditions , and base its decision on pre - determined criteria . the assessment of whether the economic equilibrium of the public service contract would be compromised shall take into account predetermined criteria such as the impact on the profitability of any services which are included in a public service contract , including the resulting impacts on the net cost to the competent public authority that awarded the contract , passenger demand , ticket pricing , ticketing arrangements , location and number of stops and timing and the frequency of the proposed new service , which are established by the regulatory body referred to in article 55 in compliance with the implementing measures provided for in paragraph 4 of this article . the assessment shall demonstrate whether the viability of the services operated under the public service contract would be affected . the equilibrium shall be regarded as compromised when it can be demonstrated that the economic feasibility of operating those public services , providing a reasonable level of quality , would be jeopardised . in accordance with such assessment and the decision of the relevant regulatory body , member states shall be able to authorise , modify or deny the right of access for the passenger service sought , in line with the economic analysis and with union law and the principles of equality and non - discrimination . the regulatory body or bodies shall determine this after a request from any of the following , submitted within one month from the information on the intended passenger service referred to in article 38 :


### in order to determine whether the economic equilibrium of a public service contract would be compromised , the relevant regulatory body or bodies referred to in article 55 shall make an objective economic analysis and base its decision on pre - determined criteria . they shall determine this after a request from any of the following , submitted within one month from the information on the intended passenger service referred to in article 38 : ### in order to determine whether the economic equilibrium of a public service contract would be compromised , the relevant regulatory body or bodies referred to in article 55 shall make an objective economic analysis and base its decision on pre - determined criteria , taking account of the cumulative effect of the services provided on the basis of free access . they shall determine this after a request from any of the following , submitted within two months from the information on the intended passenger service referred to in article 38 :


### common information and integrated ticketing schemes ### common information and ticketing schemes


### before a work can be considered an orphan work , a good faith and reasonable diligent search for the author should be carried out . member states should be permitted to provide that such a diligent search may be carried out by the organisations referred to in this directive or by other organisations . ### before a work can be considered an orphan work , a good faith and reasonable diligent search for the rightholder should be carried out . member states should be permitted to provide that such a diligent search may be carried out by the organisations referred to in this directive or by other authorised organisations .


### this directive concerns certain uses of orphan works undertaken by publicly accessible libraries , educational establishments or museums as well as by archives , film heritage institutions and public service broadcasting organizations . ### this directive concerns certain types of use of orphan works undertaken by publicly accessible libraries , educational establishments or museums established in the member states as well as by archives , film heritage institutions and broadcasting organizations .


### cinematographic or audiovisual works contained in the collections of film heritage institutions , or ### cinematographic , audio or audiovisual works , or


### a work shall be considered an orphan work if the rightholder in the work is not identified or , even if identified , is not located after a diligent search for the rightholder has been carried out and recorded in accordance with article 3 . ### a work or a sound recording shall be considered orphan if the rightholder in the work is not identified or , even if identified , is not located after a diligent search for the rightholder has been carried out and recorded in accordance with article 3 .


### a work shall be considered an orphan work if the rightholder in the work is not identified or , even if identified , is not located after a diligent search for the rightholder has been carried out and recorded in accordance with article 3 . ### a work subject to copyright shall be considered an orphan work if the rightholder in the work is not identified or , even if identified , cannot be located despite a diligent search having been carried out and recorded in accordance with article 3 .


### where a work has more than one rightholder , and one of the rightholders has been identified and located , that work shall not be considered an orphan work . ### where a work or a sound recording has more than one rightholder , and one of the rightholders has been identified and located , that work shall not be considered an orphan .


### for the purposes of establishing whether a work is an orphan work , the organisations referred to in article 1 shall ensure that a diligent search is carried out for each work , by consulting the appropriate sources for the category of works in question . ### for the purposes of establishing whether a work or a sound recording is orphan , the organisations referred to in article 1 shall ensure that a diligent search is carried out for each work , by consulting the appropriate sources for the category of works in question .


### the sources that are appropriate for each category of works shall be determined by each member state , in consultation with rightholders and users , and include , the sources listed in the annex . ### the sources that are appropriate for each category of works shall be determined by each member state , in consultation with rightholders and users , and include , the sources listed in the annex , provided these sources are publicly accessible online .


### member states shall ensure that a rightholder in a work considered to be orphan has , at any time , the possibility of putting an end to the orphan status . ### member states shall ensure that a rightholder in a work or a sound recording considered to be orphan has , at any time , the possibility of putting an end to the orphan status .


### this directive is without prejudice to the freedom of contract of such organisations in the pursuit of their public interest missions . ### this directive is without prejudice to the freedom of contract of such organisations in the pursuit of their public interest missions , particularly public - private partnership agreements .


### member states may authorise the organisations referred to in article 1 to use an orphan work for purposes other than those referred to in article 6 , provided that : ### member states may authorise the organisations referred to in article 1 to use an orphan work or a sound recording for purposes other than those referred to in article 6 , provided that :


### the organisations maintain publicly accessible records of their use of orphan works ; ### the organisations maintain publicly accessible records of their use of orphan works or sound recordings ;


### rightholders which put an end to the orphan status of the work , within the meaning of article 5 , are remunerated for the use that has been made of the work by the organisations referred to in article 1 ; ### rightholders which put an end to the orphan status of the work , within the meaning of article 5 , are remunerated for the use that has been made of the work or the sound recording by the organisations referred to in article 1 ;


### member states may authorise the organisations referred to in article 1 to use an orphan work for purposes other than those referred to in article 6 , provided that : ### member states may authorise the organisations referred to in article 1 to use an orphan work for purposes other than those referred to in article 6 , provided that they meet the requirements set out in article 6 , and :


### rightholders which put an end to the orphan status of the work , within the meaning of article 5 , are remunerated for the use that has been made of the work by the organisations referred to in article 1 ; ### rightholders which put an end to the orphan status of the work , within the meaning of article 5 , for the use that has been made of the work by the organisations referred to in article 1 receive fair remuneration ;


### rightholders may claim their remuneration under point within a period fixed by member states and which shall not be less than five years from the date of the act giving rise to the claim . ### rightholders retain their right to fair remuneration under point within a period fixed by member states and which shall not be less than five years from the date of the act giving rise to the claim .


### the provisions of this directive shall apply in respect of all works referred to in article 1 which are , on [ transposition date ] , protected by the member states ' legislation in the field of copyright . ### the provisions of this directive shall apply in respect of all works or sound recordings referred to in article 1 which are , on [ transposition date ] , protected by the member states ' legislation in the field of copyright .


### the provisions of this directive shall apply in respect of all works referred to in article 1 which are , on [ transposition date ] , protected by the member states ' legislation in the field of copyright . ### the provisions of this directive shall apply in respect of all works referred to in article 1 which are protected by the member states ' legislation in the field of copyright on or after [ transposition date ] .


### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive by [ … ] at the latest . they shall forthwith communicate to the commission the text of those provisions and a correlation table between those provisions and this directive . ### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive by [ two years after this directive enters into force ] . they shall forthwith communicate to the commission the text of those provisions and a correlation table between those provisions and this directive .


### the sources referred to in article 3 shall be the following : ### the sources referred to in article 3 shall include the following :


### legal deposit ; ### legal deposit catalogues ;


### the commission should adopt by delegated act a common strategic framework which translates the objectives of the union into key actions for the csf funds , in order to provide clearer strategic direction to the programming process at the level of member states and regions . the common strategic framework should facilitate sectoral and territorial coordination of union intervention under the csf funds and with other relevant union policies and instruments . ### the commission should adopt by delegated act a common strategic framework which translates the objectives of the union into key actions for the csf funds , in order to provide clearer strategic direction to the programming process at the level of member states and regions . the common strategic framework should facilitate sectoral and territorial coordination of union intervention under the csf funds and with other relevant union policies and instruments ; takes the view that structural funds should be deployed to their full extent to support capacity building in the regions through dedicated activities aimed at founding centres of excellences , modernising universities , purchase of scientific equipment , local technology transfer , support to start - ups and spin - offs , and local interaction between industry and academia ; believes that this will allow a stairway of excellence to be developed , leading these regions to fully participate in the horizon 2020 , based on quality and excellence ; downstream from horizon 2020 , the structural funds could be used to finance or co - finance the follow up to horizon 2020 research projects and to valorise research results in such a way as to encourage easy access to knowledge or to facilitate the deployment of the resulting knowledge in terms of its direct economic or societal use ;


### the part of the union budget allocated to the csf funds shall be implemented within the framework of shared management between the member states and the commission , in accordance with article 53 of the financial regulation , with the exception of the amount of the cf transferred to the connecting europe facility referred to in article 84 and innovative actions at the initiative of the commission under article 9 of the erdf regulation , and technical assistance at the initiative of the commission . ### the part of the union budget allocated to the csf funds shall be implemented within the framework of shared management between the member states and the commission , in accordance with article 53 of the financial regulation , with the exception of innovative actions at the initiative of the commission under article 9 of the erdf regulation , and technical assistance at the initiative of the commission .


### the commission and the member states shall ensure the effectiveness of the csf funds , in particular through monitoring , reporting and evaluation . ### the commission and the member states shall ensure the efficiency and effectiveness of the csf funds by ensuring achievement of the proposed objectives and through monitoring , reporting and evaluation .


### the member states and the commission shall ensure that equality between men and women and the integration of gender perspective is promoted in the preparation and implementation of programmes . ### the member states and the commission shall ensure that equality between men and women and the reconciliation of family and working life so as to increase women’s employment are promoted and that the integration of gender perspective is guaranteed in the preparation and implementation of programmes .


### enhancing the competitiveness of small and medium - sized enterprises , the agricultural sector and the fisheries and aquaculture sector ; ### enhancing the competitiveness of european enterprises , in particular small and medium - sized enterprises and micro - enterprises , the agricultural sector and the fisheries and aquaculture sector ;


### supporting the shift towards a low - carbon economy in all sectors ; ### expanding manufacturing and supporting the shift towards a low - carbon economy in all sectors ;


### promoting sustainable transport and removing bottlenecks in key network infrastructures ; ### promoting sustainable transport in all regions , promoting as a matter of priority the connection of less developed regions to trans - european transport infrastructures and removing bottlenecks in key network infrastructures ;


### promoting employment and supporting labour mobility ### increasing employment and supporting labour mobility ;


### investing in education , skills and lifelong learning ; ### investing in health , education , skills and lifelong learning ;


### in order to promote the harmonious , balanced and sustainable development of the union , a common strategic framework shall translate the objectives and targets of the union strategy for smart , sustainable and inclusive growth into key actions for the csf funds . ### in order to promote the harmonious , balanced and sustainable development of the union , a common strategic framework shall translate the objectives , investment priorities and targets of the union strategy for smart , sustainable and inclusive growth as defined in each csf regulation into key actions for the csf funds . the strategy has to be elaborated in dialogue with member states bodies responsible for implementation of eu regional policy so as to guarantee a common and shared approach .


### for each thematic objective , the key actions to be supported by each csf fund ; ### for each thematic objective and in line with the investments priorities of each csf fund , the key actions to be supported by each csf fund ;


### priority areas for cooperation activities for each of the csf funds , where appropriate , taking account of macro - regional and sea basin strategies ; ### priority areas for cooperation activities for each of the csf funds , where appropriate , taking account of macro - regional strategies and sea basin and river strategies or synergies ;


### where there are major changes in the union strategy for smart , sustainable and inclusive growth , the commission shall review and , where appropriate , adopt , by delegated act in accordance with article 142 , a revised common strategic framework . ### should there be major changes in the union strategy for smart , sustainable and inclusive growth , the commission shall review and , where appropriate , adopt , by delegated act in accordance with article 142 , a revised common strategic framework .


### each member state shall prepare a partnership contract for the period from 1&#160 ; january 2014 to 31&#160 ; december 2020 . ### each member state shall , with the support and collaboration of the commission , prepare by 30 september 2013 a partnership contract for the period from 1 january 2014 to 31 december 2020 .


### the indicative allocation of support by the union by thematic objective at national level for each of the csf funds , as well as the total indicative amount of support foreseen for climate change objectives ; ### the indicative allocation of support by the union by thematic objective at national and regional level for each of the csf funds , as well as the total indicative amount of support foreseen for climate change objectives ;


### the main priority areas for cooperation , taking account , where appropriate , of macro - regional and sea basin strategies ; ### the main priority areas for cooperation , taking account , where appropriate , of macro - regional strategies and sea basin and river strategies and existing synergies ;


### the mechanisms at national and regional level that ensure coordination between the csf funds and other union and national funding instruments and with the eib ; ### the mechanisms , structures and bodies at national and regional level that ensure coordination between the csf funds and other union and national funding instruments and with the eib ; concerning coordination with other union funding instruments it should indicate the structures that guarantee the strategic identification of priorities for the different instruments . such structures should also seek to avoid duplication of effort , identify areas where additional financial support is needed and to deliver coherent and streamlined funding opportunities for beneficiaries .


### the commission shall adopt a decision , by means of implementing acts , approving the partnership contract no later than six months after its submission by the member state , provided that any observations made by the commission have been satisfactorily taken into account . the partnership contract shall not enter into force before 1 january 2014 . ### the commission shall adopt a decision , by means of implementing acts , approving the partnership contract no later than four months after its submission by the member state , after which observations made by the commission have been taken into account . the member state in question and the commission shall collaborate in order to adopt the partnership contract as rapidly as possible . in any case , the maximum period for approval of the partnership contract shall be no more than six months from the transmission thereof to the member state . the partnership contract shall not enter into force before 1 january 2014 .


### the commission shall assess the information provided on the fulfilment of ex ante conditionalities in the framework of its assessment of the partnership contract and programmes . it may decide , when adopting a programme , to suspend all or part of interim payments to the programme pending the satisfactory completion of actions to fulfil an ex ante conditionality . the failure to complete actions to fulfil an ex ante conditionality by the deadline set out in the programme shall constitute a basis for suspending payments by the commission . ### the commission shall assess the information provided on the fulfilment of ex ante conditionalities in the framework of its assessment of the partnership contract and programmes . the failure to complete actions to fulfil an ex ante conditionality by the deadline set out in the programme may constitute a basis for suspending payments by the commission following evaluation of the causes and relevant circumstances .


### adoption and review ### review


### the review shall examine the achievement of the milestones of the programmes at the level of priorities , on the basis of the information and the assessments presented in the progress reports submitted by the member states in the years 2017 and 2019 . ### the interim review shall examine the achievement of the milestones of the programmes at the level of priorities , on the basis of the information and the assessments presented in the progress reports submitted by the member states in the years 2017 and 2019 .


### a citizen ' s summary of the contents of the annual and the final implementation reports shall be made public . ### the commission shall submit to the european parliament and the council annual and interim reports on the way in which the funds are being used and the achievement of the union ' s strategic objectives for smart , sustainable and inclusive growth .


### member states shall carry out ex ante evaluations to improve the quality of the design of each programme . ### member states , in cooperation with and under the guidance of the commission , shall carry out ex ante evaluations to improve the quality of the design of each programme .


### the ex post evaluations shall be carried out by the commission or by the member states , in close cooperation . ex post evaluations shall examine the effectiveness and efficiency of the csf funds and their contribution to the union strategy for smart , sustainable and inclusive growth in accordance with specific requirements established in the fund - specific rules . ex post evaluations shall be completed by 31 december 2023 . ### the ex post evaluations shall be carried out by the commission and the member states , in close cooperation . ex post evaluations shall examine the effectiveness and efficiency of the csf funds and their contribution to the union strategy for smart , sustainable and inclusive growth in accordance with specific requirements established in the fund - specific rules . ex post evaluations shall be completed by 31 december 2023 .


### at the initiative of , or on behalf of the commission , the csf funds may support the preparatory , monitoring , administrative and technical assistance , evaluation , audit and control measures necessary for implementing this regulation . ### at the initiative of , or on behalf of the commission , or at the request of a member state following approval by the commission , the csf funds may support the preparatory , monitoring , administrative and technical assistance , evaluation , audit and control measures necessary for implementing this regulation .


### all regions whose gdp per capita for the 2007 - 2013 period was less than 75% of the average of the eu - 25 for the reference period but whose gdp per capita is above 75% of the gdp average of the eu - 27 shall receive an allocation under the structural funds equal to at least two thirds of their 2007 - 2013 allocation . ### all regions whose gdp per capita for the 2007 - 2013 period was less than 75% of the average of the eu - 25 for the reference period but whose gdp per capita is above 75% and below 90% of the gdp average of the eu - 27 shall receive an allocation under the structural funds equal to at least two thirds of their 2007 - 2013 allocation .


### eligible population , regional prosperity , national prosperity and unemployment rate for less developed regions and transition regions ; ### eligible population , regional prosperity , national prosperity , employment rate among the active population and unemployment rate for less developed regions and transition regions ;


### where appropriate , the contribution of the planned interventions towards macro regional strategies and sea basin strategies ; ### where appropriate , the contribution of the planned interventions towards macro regional strategies and synergies and sea and river basin strategies ;


### – a national or regional research and innovation strategy for smart specialisation is in place that : – is based on a swot analysis to concentrate resources on a limited set of research and innovation priorities ; – outlines measures to stimulate private rtd investment ; – contains a monitoring and review system . – a member state has adopted a framework outlining available budgetary resources for research and innovation ; – a member state has adopted a multi - annual plan for budgeting and prioritization of investments linked to eu priorities . ### – a national or regional research and innovation strategy for smart specialisation is in place that : - is drawn up in close cooperation with regional stakeholders ; – is based on a swot analysis to concentrate resources on a limited set of research and innovation priorities ; – outlines measures to stimulate private rtd investment ; - outlines possible synergies with actions undertaken under the horizon 2020 programme ; – contains a monitoring and review system that allows for flexible adaptation of the plan ; – a member state has adopted a framework outlining available budgetary resources for research and innovation ; – a member state has adopted a multi - annual plan for budgeting and prioritization of investments linked to eu priorities .


### – is based on a swot analysis to concentrate resources on a limited set of research and innovation priorities ; ### – is based on a swot analysis to concentrate resources on a limited set of research and innovation priorities , taking account of evaluations of previous experience , where available ;


### – a member state has adopted a framework outlining available budgetary resources for research and innovation ; ### – a member state has adopted a framework outlining available budgetary resources for research and innovation and programs and prioritization of investments linked to the eu priorities ;


### 2 . next generation access infrastructure : the existence of national nga plans which take account of regional actions in order to reach the eu high - speed internet access targets focusing on areas where the market fails to provide an open infrastructure at an affordable cost and to an adequate quality in line with the eu competition and state aid rules , and provide accessible services to vulnerable groups . ### 2 . next generation access infrastructure : the existence of national and / or regional nga plans which take account of regional actions in order to reach the eu high - speed internet access targets and promote territorial cohesion , focusing on areas where the market fails to provide an open infrastructure at an affordable cost and to an adequate quality in line with the eu competition and state aid rules , and provide accessible services to vulnerable groups .


### - a national nga plan is in place that contains : ### - a national and or regional nga plan is in place that contains :


### the managing authority shall involve in information and publicity measures , in accordance with national laws and practices , the following bodies : ### the managing authority shall involve in information and publicity measures , in accordance with national laws and practices , at least one of the following bodies :


### for each securities settlement system it operates , a csd shall establish procedures that facilitate settlement of transactions in financial instruments referred to in article 5 that are not settled on the intended settlement date . these procedures shall provide for a sufficiently deterrent penalty mechanism for participants that cause the settlement fails . ### for each securities settlement system it operates , a csd shall establish procedures that facilitate settlement of transactions in financial instruments referred to in article 5 that are not settled on the intended settlement date . these procedures shall provide for a uniform , sufficiently deterrent penalty mechanism for participants that cause the settlement fails .


### a participant to a securities settlement system that fails to deliver the financial instruments referred to in article 5 to the receiving participant on the intended settlement date shall be subject to a buy - in whereby those instruments shall be bought in the market no later than four days after the intended settlement date and delivered to that receiving participant and other measures in accordance with paragraph 4 . ### a participant to a securities settlement system that fails to deliver the financial instruments referred to in article 5 to the receiving participant on the intended settlement date shall be subject to a buy - in whereby those instruments shall be bought in the market within four days of the date on which settlement was due and delivered to that receiving participant and shall comply with the binding measures in accordance with paragraph 4 .


### where the execution of the buy - in is not possible , the amount of cash compensation paid to the receiving participant is higher than the price of the financial instruments agreed at the time of the trade and the last publicly available price for such instruments on the trading venue where the trade took place , and is sufficiently deterrent for the defaulting participant ; ### ) where the execution of the buy - in is not possible , the amount of cash compensation paid to the receiving participant is substantially higher than the price of the financial instruments agreed at the time of the trade and the last publicly available price for such instruments on the trading venue where the trade took place , and is thus sufficiently deterrent for the defaulting participant ;


### where the csd has seriously and systematically infringed the requirements set out in this regulation . ### where the csd has seriously or systematically infringed the requirements set out in this regulation .


### with respect to workers temporarily posted to carry out work in order to provide services in another member state than the one in which they habitually carry out their work , directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services82 establishes a core set of clearly defined terms and conditions of work and employment which must be complied with by the service provider in the member state to which the posting takes place to ensure the minimum protection of the posted workers concerned . ### with respect to workers temporarily posted to carry out work in order to provide services in another member state than the one in which they habitually carry out their work , directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services establishes a core set of clearly defined terms and conditions of work and employment which must be complied with by the service provider in the member state to which the posting takes place to ensure the minimum protection of the posted workers concerned . this directive and directive 96 / 71 / ec do not prevent legal or collectively agreed standards from providing the posted workers with more favourable conditions , as long as equal treatment and non - discrimination of local and foreign companies and workers is ensured . this enforcement directive aims at improving the implementation of the directive 96 / 17 / ec in full respect of article 53 and 62 art . 45 . 1 , 45 . 2 and art . 26 . 2 tfeu and the charter of fundamental rights


### in order to prevent , avoid and combat circumvention and / or abuse of the applicable rules by companies taking improper or fraudulent advantage of the freedom to provide services enshrined in the treaty and / or the application of directive 96 / 71 / ec the implementation and monitoring of the notion of posting should be improved . ### in order to prevent , avoid and combat circumvention and / or abuse of the applicable rules by companies taking improper or fraudulent advantage of the freedom to provide services enshrined in the treaty and / or the application of directive 96 / 71 / ec the implementation and monitoring of the notion of posting should be improved . this core set of clearly defined terms and conditions of work and employment in directive 96 / 71 / ec may not be adversely affected by the directive on the enforcement of directive 96 / 71 / ec .


### therefore , the constituent factual elements characterising the temporary nature inherent to the notion of posting , which implies that the employer should be genuinely established in the member state from which the posting takes place , as well as the relationship between directive 96 / 71 / ec and regulation no 593 / 2008 on the law applicable to contractual obligations 83 need to be further clarified . ### therefore , the constituent factual elements characterising the temporary nature inherent to the notion of posting , which implies that the employer should be genuinely established in the member state from which the posting takes place , as well as the relationship between article 45 , 46 , 49 tfeu , directive 96 / 71 / ec and regulation no 593 / 2008 on the law applicable to contractual obligations 83 need to be further clarified .


### as is the case with directive 96 / 71 / ec , this directive should not prejudice the application of the law which , under article 8 of the rome i regulation , applies to individual employment contracts , or the application of regulation no 883 / 2004 of the european parliament and of the council of 29 april 2004 on the coordination of social security systems84 and regulation no 987 / 2009of the european parliament and of the council of 16 september 2009 laying down the procedure for implementing regulation no 883 / 2004 on the coordination of social security systems85 . ### as is the case with directive 96 / 71 / ec , this directive should not prejudice the application of the law which , under article 8 of the rome i regulation , applies to individual employment contracts , or the application of regulation no 883 / 2004 of the european parliament and of the council of 29 april 2004 on the coordination of social security systems and regulation no 987 / 2009of the european parliament and of the council of 16 september 2009 laying down the procedure for implementing regulation no 883 / 2004 on the coordination of social security systems or article 45 and 46 tfeu . the provisions in this directive are without prejudice to member states providing for and enforcing more favourable conditions for posted workers


### 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 . non - compliance must be sanctioned as it seriously hinders enforcement and undermines fair competition in the single market . .


### 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 only such control measures or administrative formalities to undertakings posting workers for the provision of services . such control measures or administrative formalities should be proportionate and not entail unjustified , excessive administrative burdens . 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 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 . ### it is of paramount importance that the host member state continues to control and monitor as outlined in article 5 directive 96 / 71 / ec 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 shall apply necessary control measures or administrative formalities to undertakings posting workers for the provision of services .


### to ensure better and more uniform application of directive 96 / 71 / ec as well as its enforcement in practice , and to reduce , as far as possible , differences in the level of application and enforcement across the union , member states should ensure that effective and adequate inspections are carried out on their territory . ### to ensure better and more uniform application of directive 96 / 71 / ec as well as its enforcement in practice , and to reduce , as far as possible , differences in the level of application and enforcement across the union , member states should ensure that effective , adequate , proportionate and non - discriminatory inspections are carried out on their territory and that inspected undertakings are provided with information in writing on the result of the inspection .


### national labour inspectorates , social partners and other monitoring bodies are of paramount importance in this respect and should continue to play a crucial role . ### the national control and enforcement measures should be strengthened through the endorsement of more scope for enforcement mechanisms , instruments and tools for monitoring by the social partners and the member states . social partners and the host member states should be able to ensure effective labour inspections to observe applicable terms and conditions of employment and in particular to check if workers are really habitually employed in the country of origin . therefore 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 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 .


### to facilitate the enforcement of directive 96 / 71 / ec and ensure more effective application of it , effective complaint mechanisms should exist through which posted workers may lodge complaints or engage in proceedings either directly or through relevant designated third parties , such as trade unions or other associations as well as common institutions of social partners . this should be without prejudice to national rules of procedure concerning representation and defence before the courts . ### to facilitate the enforcement of directive 96 / 71 / ec and ensure more effective application of it , effective complaint mechanisms should exist through which posted workers may lodge complaints or engage in proceedings either directly or through relevant designated third parties , such as trade unions or other associations as well as common institutions of social partners . associations , organisations and other legal entities which have a legitimate interest in the enforcement of directive 96 / 71 / ec may engage in any judicial and administrative proceeding on behalf of the worker . this should be without prejudice to national rules of procedure concerning representation and defence before the courts .


### the disparities between the systems of the member states for enforcing imposed administrative fines and / or penalties in cross - border situations are prejudicial to the proper functioning of the internal market and risk making it very difficult , if not impossible , to ensure that posted workers enjoy an equivalent level of protection throughout the union . ### the disparities between the systems of the member states for enforcing imposed administrative fines and / or penalties in cross - border situations are prejudicial to the proper functioning of the internal market and risk making it very difficult , if not impossible , to ensure that posted workers enjoy an equivalent level of protection throughout the union . where such fines and penalties are imposed due to non - compliance with the employment conditions established by labour courts or collective agreements , these must be enforcable .


### 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 .


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


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


### such elements may include : ### the host member state in close cooperation with the member state of establishment shall at least verify compliance with the following conditions :


### 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 . the host member state in close cooperation with the member state of establishment shall at least verify compliance with the following conditions :


### 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 an undertaking fulfils the following cumulative criteria : it pursues its substantial business activity there , it has its administration there , it pays taxes and social contributions there , it has a professional licence there or is registered with the chambers of commerce or professional bodies there ;


### the law applicable to the contracts concluded by the undertaking with its workers , on the one hand , and with its clients , on the other hand , ### the law of the country of establishment is applicable to the contracts concluded with its workers , on the one hand , and with its clients , on the other hand ,


### any repeated previous periods during which the post was filled by the same or another worker . ### the posted worker is not replacing another posted worker , apart in case of illness or resignation ;


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


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


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


### 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 :


### take the necessary measures to make generally available on internet sites information on which collective agreements are applicable , and which terms and conditions of employment have to be applied by service providers from other member states in accordance with directive 96 / 71 / ec , whereby , where possible , links to existing internet sites and other contact points , in particular the relevant social partners , shall be provided ; ### take the necessary measures to make generally available on internet sites and by other means information on which collective agreements are applicable , and which terms and conditions of employment have to be applied by service providers from other member states in accordance with directive 96 / 71 / ec , whereby , where possible , links to existing internet sites and other contact points , in particular the relevant social partners , shall be provided ;


### where , in accordance with national law , traditions and practices , the terms and conditions of employment referred to in article 3 of directive 96 / 71 / ec are laid down in collective agreements in accordance with article 3 paragraph 1 and 8 of that directive , member states should ensure that the social partners shall identify these and make the relevant information , in particular concerning the different minimum rates of pay and their constituent elements , the method used to calculate the remuneration due and the qualifying criteria for classification in the different wage categories , , available in an accessible and transparent way for service providers from other member states and posted workers . ### where , in accordance with national law , traditions and practices and with full respect to the autonomy of the social partners , the terms and conditions of employment referred to in article 3 of directive 96 / 71 / ec are laid down in collective agreements in accordance with article 3 paragraph 1 and 8 of that directive , member states should ensure that the social partners shall identify these and make available the relevant information concerning the different minimum rates of pay and the method used to calculate the remuneration and the qualifying criteria . terms and conditions of employment should be available in an accessible and transparent way for service providers from other member states and posted workers .


### where , in accordance with national law , traditions and practices , the terms and conditions of employment referred to in article 3 of directive 96 / 71 / ec are laid down in collective agreements in accordance with article 3 paragraph 1 and 8 of that directive , member states should ensure that the social partners shall identify these and make the relevant information , in particular concerning the different minimum rates of pay and their constituent elements , the method used to calculate the remuneration due and the qualifying criteria for classification in the different wage categories , , available in an accessible and transparent way for service providers from other member states and posted workers . ### where , in accordance with national law , traditions and practices , and with full respect to the autonomy of the social partners the terms and conditions of employment referred to in article 3 of directive 96 / 71 / ec are laid down in collective agreements in accordance with article 3 paragraph 1 and 8 of that directive , member states should ensure that the social partners shall identify these and make the relevant information , in particular concerning the different minimum rates of pay and their constituent elements , the method used to calculate the remuneration due and the qualifying criteria for classification in the different wage categories , , available in an accessible and transparent way for service providers from other member states and posted workers .


### 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 . ### in compliance with the principles established in article 4 and 5 of 96 / 71 / ec , the cooperation of the member states shall in particular consist in an obligation to reply without delay to 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 and relevant articles in this directive , including investigation of any abuses of applicable rules on the posting of workers , the genuine nature of the posting and the posted worker , or possible cases of unlawful transnational activities .


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


### a specific urgency mechanism shall be used for special situations where a member state becomes aware of particular circumstances requiring urgent action . in such circumstances , the information shall be submitted within 24 hours . ### a specific urgency mechanism shall be used for special situations where a member state becomes aware of particular circumstances requiring urgent action . in such circumstances , the information shall be submitted within 24 hours . this urgency mechanism shall be used in case the criteria in article 3 lead to the suspicion that the posted worker is employed by a non - genuine company or is not a worker or is not genuinely posted . this shall not preclude the national authorities and / or inspectorates of the host country to take immediate measures preventing , investigating and sanctioning social fraud .


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


### the commission and the competent authorities shall cooperate closely in order to examine any difficulties which might arise in the application of article 3 of directive 96 / 71 / ec . ### in accordance with the principle established in article 4 of the directive 96 / 71 / ec the commission and the competent authorities shall cooperate closely in order to examine any difficulties which might arise in the implementation of the directive 96 / 71 / ec .


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


### the member state of establishment of the service provider shall continue to control , monitor and take the necessary supervisory or enforcement measures , in accordance with its national law , practice and administrative procedures , with respect to workers posted to another member state . ### in accordance with the principles established in art . 4 and 5 of directive 96 / 71 / ec the member state of establishment of the service provider shall continue to control , monitor and take the necessary supervisory or enforcement measures , in accordance with its national law , practice and administrative procedures . to improve enforcement it shall support the competent authority of the host member state by providing in due time information on whether posting undertakings fulfil the minimum criteria outlined in art . 3 of this directive and in directive 96 / 71 / ec .


### 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 art . 3 of directive 96 / 71 / ec . competent authorities may request information for any overriding reason of public interest .


### competent authorities of the host member state may equally ask the competent authorities of the member state of establishment , for each instance where services are provided or for each service provider , to provide information as to the legality of the service provider ' s establishment , the service provider ' s good conduct , and the absence of any infringement of the applicable rules . the competent authorities of the member state of establishment shall provide this information in accordance with article 6 . ### competent authorities of the host member state may equally ask the competent authorities of the member state of establishment , for each instance where services are provided or for each service provider , to provide information to verify full compliance with both directive 96 / 71 / ec and this directive , including as to the legality of the service provider ' s establishment , the service provider ' s good conduct , and the absence of any infringement of the applicable rules . . the competent authorities of the member state of establishment shall provide this information in accordance with article 6 .


### 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 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 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 to guarantee its proper application and enforcement


### 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 directive 96 / 71 / ec are not discriminatory and shall allocate the necessary resources to ensure 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 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 .


### 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 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 , be it in the member state of establishment of the undertaking or the host member state even after the relationship in which the failure is alleged to have occurred has ended .


### 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


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


### 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 art . 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 the context of bilateral agreements referred to in paragraph 2 , competent authorities of the member states shall use imi as much as possible . in any event , where a competent authority in one of the member states concerned has used imi , it shall be used for any follow - up required and shall take precedence over the mechanism foreseen in such a bilateral agreement with respect to administrative cooperation and mutual assistance . ### in the context of bilateral agreements referred to in paragraph 2 , competent authorities of the member states shall use imi as much as possible


### union assistance under this regulation is designed to complement the various other tools for implementing of union policies on democracy and human rights , which range from political dialogue and diplomatic demarches to various instruments for financial and technical cooperation , including both geographic and thematic programmes . it will also complement the more crisis - related actions under the instrument for stability . ### union assistance under this regulation shall be designed and implemented taking into consideration complementarity with the various other tools for implementing of union policies on democracy and human rights . these tools range from political dialogue and diplomatic demarches to various instruments for financial and technical cooperation , including both geographic and thematic programmes . particularly , though not exclusively , it should be taken into consideration that one of the main characteristics of the eidhr is that it can operate without the explicit concern of third countries . in any case when identifying areas for complementarity with other policy instruments of the union the overall and specific objectives of the instrument , as set in this regulation and other programmatic documents should always be respected .


### enhancing the respect for and observance of human rights and fundamental freedoms , as proclaimed in the universal declaration of human rights and other international and regional human rights instruments , and strengthening their protection , promotion and monitoring , mainly through support to relevant civil society organisations , human rights defenders and victims of repression and abuse ; ### enhancing the respect for and observance of human rights and fundamental freedoms , as proclaimed in the universal declaration of human rights and other international and regional human rights instruments , including the united nations convention on the rights of persons with disabilities , and strengthening their protection , promotion and monitoring , mainly through support to relevant civil society organisations , human rights defenders and victims of repression and abuse ;


### promoting freedom of association and assembly , unhindered movement of persons , freedom of opinion and expression , including artistic and cultural expression , free press and independent pluralistic media , both traditional and ict based , internet freedom and measures to combat administrative obstacles to the exercise of these freedoms , including the fight against censorship ; ### promoting freedom of association and assembly , unhindered movement of persons , freedom of opinion and expression , including artistic and cultural expression , free press and independent pluralistic media , both traditional and ict based , internet freedom and measures to combat administrative obstacles as well as physical barriers hindering accessibility to the exercise of these freedoms , including the fight against censorship ;


### strengthening the rule of law , promoting the independence of the judiciary , encouraging and evaluating legal and institutional reforms , and promoting access to justice ; ### strengthening the rule of law , promoting the independence of the judiciary , encouraging and evaluating legal and institutional reforms , and promoting equal access to justice ;


### promoting political pluralism and democratic political representation , and encouraging political participation by citizens , in particular marginalised groups , in democratic reform processes at local , regional and national level ; ### promoting political pluralism and democratic political representation , and encouraging political participation by citizens , in particular marginalised groups and politically disenfranchised groups , women , youth , children , in democratic reform processes at local , regional and national level ;


### promoting political pluralism and democratic political representation , and encouraging political participation by citizens , in particular marginalised groups , in democratic reform processes at local , regional and national level ; ### promoting political pluralism and democratic political representation , and encouraging political participation by men and women , in particular disabled persons and other vulnerable or marginalised groups , in democratic reform processes at local , regional and national level both as voters and candidates ;


### the promotion and protection of gender equality , the rights of the child , rights of indigenous peoples , rights of persons with disabilities , and principles such as empowerment , participation , non - discrimination of vulnerable groups and accountability shall be taken into account whenever relevant for all assistance measures referred to in this regulation . ### the promotion and protection of gender equality , the rights of the child , rights of indigenous peoples , rights of persons with disabilities , and principles such as empowerment , participation , non - discrimination of vulnerable groups and accountability shall be taken into account whenever relevant for all assistance measures referred to in this regulation and also the implementation of these measures will be monitored by competent authorities .


### this regulation should ensure the efficient administration of insolvency proceedings relating to different companies forming part of a group of companies . where insolvency proceedings have been opened for several companies of the same group , these proceedings should be properly coordinated . the various liquidators and the courts involved should therefore be under the same obligation to cooperate and communicate with each other as those involved in main and secondary proceedings relating to the same debtor . in addition , a liquidator appointed in proceedings relating to a member of a group of companies should have standing to propose a rescue plan in the proceedings concerning another member of the same group to the extent such a tool is available under national insolvency law . ### this regulation should ensure the efficient administration of insolvency proceedings relating to different companies forming part of a group of companies . where insolvency proceedings have been opened for several companies of the same group , these proceedings should be properly coordinated , in particular in order to prevent the insolvency of one company in the group from jeopardising the future of the others . the various liquidators and the courts involved should therefore be under the same obligation to cooperate and communicate with each other as those involved in main and secondary proceedings relating to the same debtor . in addition , a liquidator appointed in proceedings relating to a member of a group of companies should have standing to propose a rescue plan in the proceedings concerning another member of the same group to the extent such a tool is available under national insolvency law .


### the courts of the member state within the territory of which the centre of a debtor ' s main interests is situated shall have jurisdiction to open insolvency proceedings . the centre of main interests shall be the place where the debtor conducts the administration of his interests on a regular basis and which is ascertainable by third parties . ### the courts of the member state within the territory of which the centre of a debtor ' s main interests is situated shall have jurisdiction to open insolvency proceedings . the centre of main interests shall be the place where the debtor conducts the administration of his interests on a regular basis prior to the opening of insolvency proceedings or provisional proceedings and which is ascertainable by third parties .


### until such time as the system of interconnection of insolvency registers referred to in article 20b is established , the liquidator shall request that notice of the judgment opening insolvency proceedings and , where appropriate , the decision appointing him , be published in any other member state where an establishment of the debtor is located in accordance with the publication procedures provided for in that state . such publication shall specify the liquidator appointed and whether the jurisdiction rule applied is that pursuant to article 3 or . ### until such time as the system of interconnection of insolvency registers referred to in article 20b is established , the liquidator shall request that notice of the judgment opening insolvency proceedings and , where appropriate , the decision appointing him , be published in any other member state where an establishment of the debtor is located in accordance with the publication procedures provided for in that state . such publication shall cover the information provided for in article 20a .


### in order to ensure legal certainty and clarity , it is necessary to clarify that not only in the case of similarity but also in case of an identical sign being used for identical goods or services , protection should be granted to a trade mark only if and to the extent that the main function of the trade mark , which is to guarantee the commercial origin of the goods or services , is adversely affected . ### in order to ensure legal certainty and clarity , it is necessary to clarify that not only in the case of similarity but also in case of an identical sign being used for identical goods or services , protection should be granted to a trade mark only if and to the extent that the main function of the trade mark is adversely affected .


### the sign is identical with the trade mark and is used in relation to goods or services which are identical with those for which the trade mark is registered and where such use affects or is liable to affect the function of the trade mark to guarantee to consumers the origin of the goods or services ; ### the sign is identical with the trade mark and is used in relation to goods or services which are identical with those for which the trade mark is registered and where such use affects or is liable to affect the function of the trade mark to guarantee to consumers the origin of the goods or services by enabling him or her to distinguish without any possibility of confusion between that product and products which have another origin ;


### prior to registration of a trade mark , any natural or legal person and any group or body representing manufacturers , producers , suppliers of services , traders or consumers may submit to the office written observations , explaining on which of the grounds listed in article 4 the trade mark shall not be registered ex officio . they shall not be parties to the proceedings before the office . ### prior to registration of a trade mark , any natural or legal person and any group or body representing manufacturers , producers , suppliers of services , traders or consumers may submit to the office written observations , explaining on which of the grounds listed in article 4 the trade mark shall not be registered ex officio .


### article 19 of regulation no 528 / 2012 prohibits authorisation for making available for use by the general public of biocidal products meeting the criteria for being persistent , bioaccumulative and toxic , or very persistent and very bioaccumulative in accordance with annex xiii to regulation no 1907 / 2006 of the european parliament and of the council of 18 december 2006 concerning the registration , evaluation , authorisation and restriction of chemicals , establishing a european chemicals agency , amending directive 1999 / 45 / ec and repealing council regulation no 793 / 93 and commission regulation no 1488 / 94 as well as council directive 76 / 769 / eec and commission directives 91 / 155 / eec , 93 / 67 / eec , 93 / 105 / ec and 2000 / 21 / ec . however , whereas biocidal products are often mixtures and sometimes articles , those criteria apply only to substances . article 19 of regulation no 528 / 2012 should therefore refer to biocidal products consisting of , containing or generating substances meeting those criteria . ### article 19 of regulation no 528 / 2012 prohibits authorisation for making available for use by the general public of biocidal products meeting the criteria for being persistent , bioaccumulative and toxic , or very persistent and very bioaccumulative in accordance with annex xiii to regulation no&#160 ; 1907 / 2006 of the european parliament and of the council of 18 december 2006 concerning the registration , evaluation , authorisation and restriction of chemicals , establishing a european chemicals agency , amending directive 1999 / 45 / ec and repealing council regulation no 793 / 93 and commission regulation no 1488 / 94 as well as council directive 76 / 769 / eec and commission directives 91 / 155 / eec , 93 / 67 / eec , 93 / 105 / ec and 2000 / 21 / ec . however , whereas biocidal products are often mixtures and sometimes articles , those criteria apply only to substances . article 19 of regulation no 528 / 2012 should therefore refer to biocidal products consisting of , containing or generating substances meeting those criteria . in order to ensure consistency between regulation no 528 / 2012 and regulation no 1272 / 2008 , article 19 of regulation no 528 / 2012 should also be amended to include specific target organ toxicity by single or repeated exposure category 1 as a classification criterion in order to preclude authorisation for the making available on the market of a biocidal product containing such substances for use by the general public .


### article 94 of regulation no 528 / 2012 only applies to treated articles already placed on the market , and will hence introduce an unintended ban on most new treated articles , lasting from 1 september 2013 until the approval of the last active substance contained in the articles . its scope should therefore be extended to include new treated articles . article 94 should also provide for a phasing - out period for treated articles for which no application for the approval of the active substance for the relevant product - type will be submitted by 1 september 2016 . in the interest of simplification , article 94 should be merged with article 94 . ### article 94 of regulation no 528 / 2012 only applies to treated articles already placed on the market , and will hence introduce an unintended ban on most new treated articles , lasting from 1 september 2013 until the approval of the last active substance contained in the articles . its scope should therefore be extended to include new treated articles . article 94 should also provide for a phasing - out period for treated articles for which no application for the approval of the active substance for the relevant product - type will be submitted by 1 september 2016 . in the interest of simplification , article 94 should be merged with article 94 . in order to avoid potential adverse effects on economic operators , provision should be made for those modifications to apply from 1 september 2013 .


### articles 78 to 84 , 89 and 90 of regulation no 1907 / 2006 shall apply mutatis mutandis taking into account the role of the agency with respect to this regulation . ### article 74 is amended as follows : articles 77 , 78 to 84 , 86 , 89 and 90 of regulation no 1907 / 2006 shall apply mutatis mutandis , taking into account the role of the agency and the role of the member states ' authorities with respect to this regulation .


### article 89 is amended as follows : in paragraph 2 , the first subparagraph is replaced by the following : ' by way of derogation from article 17 , article 19 and article 20 of this regulation , and without prejudice to paragraphs 1 and 3 of this article , a member state may continue to apply its current system or practice of making a given biocidal product available on the market until three years after the date of approval of the last of the active substances to be approved in that biocidal product . it may , according to its national rules , authorise the making available on the market in its territory only of a biocidal product containing only existing active substances which have been or are being evaluated under commission regulation no 1451 / 2007 of 4 december 2007 on the second phase of the 10 - year work programme referred to in article 16 of directive 98 / 8 / ec* , but which have not yet been approved for that product - type , or a combination of such substances and active substances approved in accordance with this regulation . ### article 89 is amended as follows : paragraph 2 is replaced by the following : ' by way of derogation from article 17 , article 19 and article 20 of this regulation , and without prejudice to paragraphs 1 and 3 of this article , a member state may continue to apply its current system or practice of making available on the market or using a given biocidal product until three years after the date of approval of the last of the active substances to be approved in that biocidal product . it may , according to its national rules , authorise the making available on the market and use in its territory only of a biocidal product containing only existing active substances which have been evaluated under commission regulation no 1451 / 2007 of 4 december 2007 on the second phase of the 10 - year work programme referred to in article 16 of directive 98 / 8 / ec* , but which have not yet been approved for that product - type , or are being evaluated under commission regulation no 1451 / 2007 but which have not yet been approved for that product type , or a combination of such substances and active substances approved in accordance with this regulation . by way of derogation from the first subparagraph , in the case of a decision not to approve an active substance , a member state may continue to apply its current system or practice of making biocidal products available on the market for up to 12 months after the date of the decision not to approve an active substance in accordance with the third subparagraph of paragraph 1 , and its current system or practice of using biocidal products for up to 18 months after that decision .


### ' 4 . where a member state ' s competent authority decides to reject the application for authorisation of a biocidal product submitted under paragraph 3 , decides not to grant authorisation , or decides to impose conditions of the authorisation making it necessary to change a product , the following shall apply : ### ' 4 . where a member state ' s competent authority , or where relevant , the commission , decides to reject the application submitted in accordance with paragraph 3 for authorisation of a biocidal product already being placed on the market , decides not to grant authorisation , or decides to impose conditions of the authorisation which would require a change to such a product , the following shall apply :