### member states shall as soon as possible and no later than five working days from the moment when an unaccompanied minor makes an application for international protection take measures to ensure that a guardian represents and assists the unaccompanied minor to enable him or her to benefit from the rights and comply with the obligations provided for in this directive . the guardian appointed in accordance with article [ 22 ] of regulation no xxx / xxx [ procedures regulation ] may perform those tasks . the unaccompanied minor shall be informed immediately of the appointment of the guardian . where an organisation is appointed as guardian , it shall designate a person responsible for carrying out the duties of guardian in respect of the unaccompanied minor , in accordance with this directive . the guardian shall perform his or her duties in accordance with the principle of the best interests of the child , as prescribed in article 22 , shall have the necessary expertise to that end and shall not have a verified record of child - related crimes or offences . in order to ensure the minor’s well - being and social development referred to in article 22 , the person acting as guardian shall be changed only when necessary . organisations or individuals whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be appointed as guardians . ### member states shall as soon as possible and no later than five days from the moment when an unaccompanied minor arrives in the member state take measures to ensure that a guardian represents and assists the unaccompanied minor to enable him or her to benefit from the rights and comply with the obligations provided for in this directive . the guardian appointed in accordance with article [ 22 ] of regulation no xxx / xxx [ procedures regulation ] may perform those tasks . the unaccompanied minor shall be informed immediately of the appointment of the guardian . where an organisation is appointed as guardian , it shall designate a person responsible for carrying out the duties of guardian in respect of the unaccompanied minor , in accordance with this directive . the guardian shall be qualified and perform his or her duties in accordance with the principle of the best interests of the child , as prescribed in article 22 , shall have the necessary expertise to that end and shall not have a verified criminal record , especially with regard to any child - related crimes or offences . in order to ensure the minor’s well - being and social development referred to in article 22 , the person acting as guardian shall be changed only when necessary . appointed guardians ' criminal record shall be regularly reviewed by competent authorities to identify potential incompatibilities with their role . organisations or individuals whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be appointed as guardians .


### member states shall ensure that a guardian is not placed in charge of a disproportionate number of unaccompanied minors at the same time that would render him or her unable to perform his or her tasks effectively . member states shall appoint entities or persons responsible for monitoring at regular intervals that guardians perform their tasks in a satisfactory manner . those entities or persons shall also have the competence to review complaints lodged by unaccompanied minors against their guardian . ### member states shall ensure that guardians are placed in charge of an adequate and limited number of unaccompanied minors at the same time to allow them to be able to perform their tasks effectively . member states shall appoint entities or persons responsible for monitoring at regular intervals that guardians perform their tasks in a satisfactory manner . those entities or persons shall also have the competence to review complaints lodged by unaccompanied minors against their guardian . to this end , unaccompanied minors shall be given information , in a child - friendly manner and in a language they understand , about who these entities or persons are and how to report complaints against their guardians in confidence and safety .


### member states shall ensure that a guardian is not placed in charge of a disproportionate number of unaccompanied minors at the same time that would render him or her unable to perform his or her tasks effectively . member states shall appoint entities or persons responsible for monitoring at regular intervals that guardians perform their tasks in a satisfactory manner . those entities or persons shall also have the competence to review complaints lodged by unaccompanied minors against their guardian . ### member states shall ensure that a guardian is placed in charge of a limited number of not more than 20 unaccompanied minors at the same time to ensure that the guardian is able to perform his or her tasks effectively . member states shall appoint entities or persons responsible for monitoring at regular intervals that guardians perform their tasks in a satisfactory manner . those entities or persons shall also have the competence to review complaints lodged by unaccompanied minors against their guardian . to this end , unaccompanied minors shall be given information in a child - friendly manner and in a language they understand , about who these entities or persons are and how to file complaints against their guardians in confidence and safety .


### member states shall ensure that persons who have been subjected to gender - based harm , torture , rape or other serious acts of violence receive the necessary treatment for the damage caused by such acts , in particular access to appropriate medical and psychological treatment or care . ### member states shall ensure that persons who have been subjected to sexual and gender - based violence , other forms bias - motivated violence , torture , rape or other serious acts of psychological , physical or sexual violence are provided with holistic rehabilitation services for the damage caused by such acts , in particular access to appropriate medical and psychological treatment or care as well as qualified counselling , with the support of a qualified interpreter where needed . access to that support shall be as early as possible after a victim has been identified .


### those working with victims of torture , rape or other serious acts of violence shall have had and shall continue to receive appropriate training concerning their needs , and shall be bound by the confidentiality rules provided for in national law , in relation to any information they obtain in the course of their work . ### those working with victims of gender - based harm , torture , rape or other serious acts of psychological , physical or sexual violence , including health professionals in charge of implementing paragraph 1 , shall have had and shall continue to receive appropriate training concerning their needs and appropriate rehabilitation methods , and shall be bound by the confidentiality rules provided for in national law and professional ethics codes , in relation to any information they obtain in the course of their work .


### this directive should be without prejudice to the protection afforded to employees when reporting on breaches of union employment law . in particular , in the area of occupational safety and health , article 11 of framework directive 89 / 391 / eec already requires member states to ensure that workers or workers ' representatives shall not be placed at a disadvantage because of their requests or proposals to employers to take appropriate measures to mitigate hazards for workers and / or to remove sources of danger . workers and their representatives are entitled to raise issues with the competent national authorities if they consider that the measures taken and the means employed by the employer are inadequate for the purposes of ensuring safety and health . ### this directive should be without prejudice to the protection afforded to employees when reporting on breaches of union employment law . in particular , in the area of occupational safety and health , article 11 of framework directive 89 / 391 / eec already requires member states to ensure that workers or workers ' representatives shall not be placed at a disadvantage because of their requests or proposals to employers to take appropriate measures to mitigate hazards for workers and / or to remove sources of danger but does not foresee the right to report breaches .


### protection should , firstly , apply to persons having the status of ' workers ' , within the meaning of article 45 tfeu , as interpreted by the court of justice of the european union52 , i . e . persons who , for a certain period of time , perform services for and under the direction of another person , in return of which they receive remuneration . protection should thus also be granted to workers in non - standard employment relationships , including part - time workers and fixed - term contract workers , as well as persons with a contract of employment or employment relationship with a temporary agency , which are types of relationships where standard protections against unfair treatment are often difficult to apply . __________________ 52 judgments of 3 july 1986 , lawrie - blum , case 66 / 85 ; 14 october 2010 , union syndicale solidaires isère , case c - 428 / 09 ; 9 july 2015 , balkaya , case c - 229 / 14 ; 4 december 2014 , fnv kunsten , case c - 413 / 13 ; and 17 november 2016 , ruhrlandklinik , case c - 216 / 15 . ### protection should , firstly , apply to persons having the status of ' workers ' , within the meaning of article 45 tfeu , as interpreted by the court of justice of the european union52 , i . e . persons who , for a certain period of time , perform or performed services for and under the direction of another person , in return of which they receive remuneration . protection should thus also be granted to workers in non - standard employment relationships , including part - time workers and fixed - term contract workers , as well as persons with a contract of employment or employment relationship with a temporary agency , contractor or subcontractor or where the employee - like relationship is solely bound to directives , which are types of relationships where standard protections against unfair treatment are difficult to apply . __________________ 52 judgments of 3 july 1986 , lawrie - blum , case 66 / 85 ; 14 october 2010 , union syndicale solidaires isère , case c - 428 / 09 ; 9 july 2015 , balkaya , case c - 229 / 14 ; 4 december 2014 , fnv kunsten , case c - 413 / 13 ; and 17 november 2016 , ruhrlandklinik , case c - 216 / 15 .


### with a view to enhancing the enforcement of union law and policies in specific areas , this directive lays down common minimum standards for the protection of persons reporting on the following unlawful activities or abuse of law : ### with a view to enhancing the enforcement of the individual protection of persons reporting breaches of union law and policies in specific areas , this directive lays down common minimum standards for the protection of persons reporting on the following unlawful activities or abuse of law :


### persons having the status of worker , with the meaning of article 45 tfeu ; ### persons having or having had the status of a worker or an employee - like employment relationship , with the meaning of article 45 tfeu ;


### ' breaches ' means actual or potential unlawful activities or abuse of law relating to the union acts and areas falling within the scope referred to in article 1 and in the annex ; ### ' breaches ' means any actual or potential unethical or dishonest misconduct or actual or potential unlawful activities or abuse of law relating to the union acts and areas falling within the scope referred to in article 1 and in the annex ;


### ‘ work - related context’ means current or past work activities in the public or private sector through which , irrespective of their nature , persons may acquire information on breaches and within which these persons may suffer retaliation if they report them . ### ‘ work - related context’ means current or past work activities regardless of the employment status or business relationship in the public or private sector through which , irrespective of their nature , persons may acquire information on breaches and within which these persons may suffer retaliation if they report them .


### such channels and procedures shall allow for reporting by employees of the entity . they may allow for reporting by other persons who are in contact with the entity in the context of their work - related activities , referred to in article 2 , and , but the use of internal channels for reporting shall not be mandatory for these categories of persons . ### such channels and procedures shall allow for reporting by employees of the entity . they may allow for reporting by other persons who are in contact with the entity in the context of their work - related activities , referred to in article 2 , and , but the use of internal channels for reporting shall not be mandatory for these categories of persons . workers and their representatives shall be consulted on proposals to set up respective channels and procedures .


### municipalities with more than 10 000 inhabitants ; ### municipalities ;


### the manner in which the competent authority may require the reporting person to clarify the information reported or to provide additional information that is available to the reporting person ; ### the manner in which the competent authority may require the reporting person to clarify the information reported or to provide additional information that is available to the reporting person while protecting her or his anonymity ;


### a person publicly disclosing information on breaches falling within the scope of this directive shall qualify for protection under this directive where : ### a person publicly disclosing information on breaches falling within the scope of this directive shall qualify for protection under this directive where one of the following conditions applies :


### transfer of duties , change of location of place of work , reduction in wages , change in working hours ; ### transfer or restriction of duties , change of location of place of work , reduction in wages and allowances , change or reduction in working hours and working time arrangements ;


### withholding of training ; ### withholding of training and vocational training ;


### failure to convert a temporary employment contract into a permanent one ; ### failure to convert a temporary or non - standard employment contract into a permanent one ;


### in addition to the exemption from measures , procedures and remedies provided for in directive 2016 / 943 , in judicial proceedings , including for defamation , breach of copyright , breach of secrecy or for compensation requests based on private , public , or on collective labour law , reporting persons shall have the right to rely on having made a report or disclosure in accordance with this directive to seek dismissal . ### in addition to the exemption from measures , procedures and remedies provided for in directive 2016 / 943 , in judicial proceedings , including for defamation , breach of copyright , breach of secrecy or for compensation requests based on private , public , or on collective labour law , reporting persons shall have the right to rely on having made a report or disclosure in accordance with this directive to seek dismissal of proceedings .


### member states may introduce or retain provisions more favourable to the rights of the reporting persons than those set out in this directive , without prejudice to article 16 and article 17 . ### member states shall introduce or retain provisions more favourable to the rights of the reporting persons than those set out in this directive and shall establish reporting systems on national provisions , without prejudice to article 16 and article17 .


### the european solidarity corps would provide a single entry point for solidarity activities throughout the union . consistency and complementarity of that framework should be ensured with other relevant union policies and programmes . the european solidarity corps should build on the strengths and synergies of existing programmes , notably the european voluntary service . it should also complement the efforts made by member states to support young people and ease their school - to - work transition under the youth guarantee19 by providing them with additional opportunities to make a start on the labour market in the form of traineeships or jobs in solidarity - related areas within their respective member state or across borders . complementarity with existing union level networks pertinent to the activities under the european solidarity corps , such as the european network of public employment services , eures and the eurodesk network , should also be ensured . furthermore , complementarity between existing related schemes , in particular national solidarity schemes and mobility schemes for young people , and the european solidarity corps should be ensured , building on good practices where appropriate . __________________ 19 council recommendation of 22 april 2013 on establishing a youth guarantee . ### the european solidarity corps would provide a single entry point for solidarity activities throughout the union . consistency and complementarity of that framework should be ensured with other relevant union policies and programmes . the european solidarity corps should build on the strengths and synergies of existing programmes , notably the european voluntary service . it should also complement the efforts made by member states to support young people and ease their school - to - work transition under the youth guarantee19 by providing them with additional opportunities to make a start on the labour market in the form of traineeships or jobs in solidarity - related areas within their respective member state or across borders . complementarity with existing union level networks pertinent to the activities under the european solidarity corps , such as the european network of public employment services , eures and the eurodesk network , the european youth forum , the european volunteer centre and other relevant civil society organisations including the social partners , should also be ensured . furthermore , complementarity between existing related schemes , in particular national solidarity schemes and mobility schemes for young people , and the european solidarity corps should be ensured , building on good practices where appropriate . __________________ 19 council recommendation of 22 april 2013 on establishing a youth guarantee .


### voluntary activities constitute a rich experience in a non - formal and informal learning context which enhances young people ' s personal , socio - educational and professional development , active citizenship and employability . voluntary activities should not have an adverse effect on potential or existing paid employment , nor should they be seen as a substitute for it . in order to ensure continuity with respect to the volunteering activities that are supported at union level , the volunteering activities under the european voluntary service that fall within the geographical scope of the european solidarity corps should be supported by the latter in the form of cross - border volunteering placements . the other volunteering activities under the european voluntary service that do not fall under the geographical scope of the european solidarity corps should continue to be supported under the programme established by regulation no 1288 / 2013 of the european parliament and of the council establishing ' erasmus + ' : the union programme for education , training , youth and sport20 . with respect to the interpretation of related legislation at union level , both the cross - border volunteering placements under the european solidarity corps and the volunteering activities that continue to be supported under regulation no 1288 / 2013 should be considered equivalent to those carried out under the european voluntary service . __________________ 20 regulation no 1288 / 2013 of the european parliament and of the council of 11 december 2013 establishing ' erasmus + ' : the union programme for education , training , youth and sport and repealing decisions no 1719 / 2006 / ec , no 1720 / 2006 / ec and no 1298 / 2008 / ec , oj l 347 , 20 . 12 . 2013 , p . 50 . ### voluntary activities constitute a rich experience in a non - formal and informal learning context which enhances young people ' s personal , socio - educational and professional development , active citizenship and employability . however , given the cross - sectorial nature of solidarity - related activities , the different status of entities and organisations potentially involved into these activities , as well as the socio - economic significance of the solidarity sector in the union , provisions should be taken in this regulation to ensure that voluntary activities do not have an adverse effect on potential or existing paid employment , nor should they be seen or effectively deployed as a substitute for it . for this reason , solidarity placements in the form of volunteering under this regulation should be offered exclusively by public authorities or by participating organisations in the non - profit sector . in order to ensure continuity with respect to the volunteering activities that are supported at union level , the volunteering activities under the european voluntary service that fall within the geographical scope of the european solidarity corps should be supported by the latter in the form of cross - border volunteering placements . the other volunteering activities under the european voluntary service that do not fall under the geographical scope of the european solidarity corps should continue to be supported under the programme established by regulation no 1288 / 2013 of the european parliament and of the council establishing ' erasmus + ' : the union programme for education , training , youth and sport20 . with respect to the interpretation of related legislation at union level , both the cross - border volunteering placements under the european solidarity corps and the volunteering activities that continue to be supported under regulation no 1288 / 2013 should be considered equivalent to those carried out under the european voluntary service . __________________ 20 regulation no 1288 / 2013 of the european parliament and of the council of 11 december 2013 establishing ' erasmus + ' : the union programme for education , training , youth and sport and repealing decisions no 1719 / 2006 / ec , no 1720 / 2006 / ec and no 1298 / 2008 / ec , oj l 347 , 20 . 12 . 2013 , p . 50 .


### traineeships and jobs in solidarity - related areas can offer additional opportunities for young people to make a start on the labour market while contributing to addressing key societal challenges . this can help foster the employability and productivity of young people while easing their transition from education to employment , which is key to enhancing their chances on the labour market . the traineeship placements offered under the european solidarity corps should be remunerated by the participating organisation and follow the quality principles outlined in the council recommendation on establishing a quality framework for traineeships of 10 march 201421 . the traineeships and jobs offered should constitute a stepping stone for young people to enter the labour market and should therefore be accompanied by adequate post - placement support . the traineeship and job placements should be facilitated by relevant labour market actors , in particular public and private employment services , social partners and chambers of commerce . as participating organisations , they should be able to apply for funding via the competent implementing structure of the european solidarity corps in view of intermediating between the young participants and employers offering traineeship and job placements in solidarity sectors . __________________ 21 council recommendation of 10 march 2014 on a quality framework for traineeships , oj c 88 , 27 . 3 . 2014 , p . 1 . ### the european solidarity corps should also provide for a framework for traineeships and jobs in solidarity - related areas , which should be clearly separated from voluntary activities , both from a financial and organisational point of view , as they can offer different and additional opportunities for young people to make a start on the labour market , while contributing to addressing key societal challenges . besides , remunerated traineeships and jobs can represent an incentive for disadvantaged young people to participate in solidarity - related activities that they may not be able to afford otherwise . the traineeship placements can ease the transition of young people from education to employment , which is key to achieve their sustainable integration into the labour market . the traineeship placements offered under the european solidarity corps should always be remunerated by the participating organisation and should follow the quality principles outlined in the council recommendation on establishing a quality framework for traineeships of 10 march 201421 . besides , the traineeship placements should be based on a written agreement concluded at the beginning of the traineeship between the trainee and the participating organisation , which should indicate the educational and training objectives , the working conditions , the remuneration and the rights and obligations of the parties under applicable national law and / or applicable collective agreements of the participating country where the traineeship takes place , as well as the duration of the traineeship . traineeship placements offered should constitute a stepping stone for young people to enter the labour market and should not substitute jobs . traineeship placements should be temporary and should have a reasonable duration as defined in this regulation . job placements should be based on a written contract and should respect all the terms and conditions of employment as defined in national law and / or applicable collective agreements of the participating country where the job is carried out . traineeships and jobs should therefore be accompanied by adequate preparation , on - the - job training and post - placement support . the traineeship and job placements should be facilitated by relevant labour market actors , in particular public and private employment services , social partners and chambers of commerce . as participating organisations , they should be able to apply for funding via the competent implementing structure of the european solidarity corps in view of intermediating between the young participants and employers offering traineeship and job placements in solidarity sectors . __________________ 21 council recommendation of 10 march 2014 on a quality framework for traineeships , oj c 88 , 27 . 3 . 2014 , p . 1 .


### particular attention should be paid to ensuring the quality of the placements and other opportunities offered under the european solidarity corps , in particular by offering training , language support , insurance , administrative and post - placement support to participants as well as the validation of the knowledge , skills and competences acquired through their european solidarity corps experience . ### particular attention should be paid to ensuring the quality of the placements and other opportunities offered under the european solidarity corps , in particular by offering online and offline training , language support , insurance , administrative and pre - and post - placement support to participants . this support should be created in collaboration with youth organisations and other civil society organisations in order to tap into their expertise on the field . post - placement support should also prioritise the continuous civic engagement of the participants in their community , guiding them towards local organisations or projects to engage with after the placement .


### a european solidarity corps portal should continuously be developed in order to ensure easy access to the european solidarity corps and to provide a one - stop shop for both interested individuals and organisations as regards , inter alia , registration , identification and matching of profiles and opportunities , networking and virtual exchanges , online training , language and post - placement support as well as other useful functionalities , which may arise in the future . ### a european solidarity corps portal should continuously be developed in order to ensure easy access to the european solidarity corps and to provide a one - stop shop for both interested individuals and organisations as regards , inter alia , registration , identification and matching of profiles and opportunities , networking and virtual exchanges , information on existing solidarity placements or projects and on participating organisations , social partners , relevant european and national contact points , online training , language and pre and post - placement support , direct feedback mechanisms as well as other useful functionalities , which may arise in the future . particular attention will be made for the portal to be fully accessible by all young people regardless of their abilities .


### a european solidarity corps portal should continuously be developed in order to ensure easy access to the european solidarity corps and to provide a one - stop shop for both interested individuals and organisations as regards , inter alia , registration , identification and matching of profiles and opportunities , networking and virtual exchanges , online training , language and post - placement support as well as other useful functionalities , which may arise in the future . ### a european solidarity corps portal should continuously be developed in order to ensure easy access to the european solidarity corps and to provide a one - stop shop for both interested individuals and organisations as regards , inter alia , registration , identification and matching of profiles and opportunities , networking and virtual exchanges , information on existing solidarity placements or projects and on participating organisations , relevant union and national contact points , online training , language and pre and post - placement support , direct feedback mechanisms as well as other useful functionalities , which may arise in the future .


### “volunteering” means a full - time32 unpaid voluntary service for a period of up to twelve months , which provides young people with the opportunity to contribute to the daily work of organisations active in solidarity - related fields , to the ultimate benefit of the communities within which the activities are carried out , including a solid learning and training dimension in order to enable the young volunteer to gain skills and competences , which will be useful for their personal , educational , social and professional development , and which will also contribute to improving their employability ; __________________ 32 as a general principle , an activity carried out continuously , 5 days a week for 7 hours a day . ### “volunteering” means an unpaid voluntary service within a public authority or a participating organisation in the non - profit sector , either full - time32 , part - time or during free time for a period of up to twelve months , which provides young people with the opportunity to contribute to the daily work of organisations active in solidarity - related fields , to the ultimate benefit of the communities within which the activities are carried out , including a solid learning and training dimension in order to enable the young volunteer to gain skills and competences , which will be useful for their personal , educational , social and professional development , and which will also contribute to improving their employability ; __________________ 32 as a general principle , an activity carried out continuously , 5 days a week for 7 hours a day .


### networking activities for individuals and organisations participating in the european solidarity corps . ### networking activities for individuals and organisations participating or willing to participate in the european solidarity corps .


### measures aimed at ensuring the quality of solidarity placements , including training , language support , administrative support for participants and participating organisations , insurance , post - placement support as well as the development of a certificate that identifies and documents the knowledge , skills and competences acquired during the placement ; ### measures aimed at ensuring the quality and accessibility of solidarity placements , including online and offline training , language support , administrative support for participants and participating organisations , insurance , pre - and post - placement support as well as the development of a certificate that identifies , documents , assesses and certifies the knowledge , skills and competences acquired during the placement ;


### the development and maintenance of a quality label for entities willing to provide placements for the european solidarity corps in order to ensure compliance with the principles and requirements of the european solidarity corps charter ; ### the development and maintenance of a quality label for entities willing to provide placements for the european solidarity corps in order to ensure compliance with the principles and requirements of the european solidarity corps charter ; a separate accreditation procedure for entities wanting to provide volunteering placements and entities wanting to provide job and traineeship placements with different evaluation criteria , limiting the access to the programme to the actions they are accredited for ;


### in each country participating in the european solidarity corps , the national agencies designated for the management of the actions referred to in chapter iii of the regulation no 1288 / 2013 in their respective countries shall also act as national agencies in the framework of the european solidarity corps . ### in each country participating in the european solidarity corps , the national agencies designated for the management of the actions referred to in chapter iii of the regulation no 1288 / 2013 in their respective countries shall also act as national agencies in the framework of the european solidarity corps . eures network organisations as defined in article 7 of the regulation no 2016 / 589 shall assist those national agencies in the management of the solidarity actions in the form of traineeship and job placements and in the relevant quality and support measures in the framework of the european solidarity corps .


### cultural heritage constitutes one of the basic elements of civilisation , it enriches the cultural life of all peoples and it should therefore be protected from unlawful appropriation and pillage . the union should accordingly prohibit the entry in the customs territory of the union of cultural goods unlawfully exported from third countries . ### cultural heritage constitutes one of the basic elements of civilisation , it enriches the cultural life of all peoples and it should therefore be protected from unlawful appropriation and pillage . a significant , unidentifiable quantity of cultural goods on the market originates from predatory excavations or plundering . this causes irreparable damage to the cultural memory of humankind . looting of archaeological sites happened at all times , but has now reached an industrial scale . as long as it is possible to engage in lucrative trade in illegally excavated cultural goods and profit without any notable risks , these excavations and looting will continue in the future . the union should accordingly prohibit the entry in the customs territory of the union of cultural goods unlawfully exported from third countries .


### cultural heritage constitutes one of the basic elements of civilisation , it enriches the cultural life of all peoples and it should therefore be protected from unlawful appropriation and pillage . the union should accordingly prohibit the entry in the customs territory of the union of cultural goods unlawfully exported from third countries . ### cultural heritage constitutes important identitarian and symbolic value for civilisation , it enriches the cultural life of all peoples and as an element of human security it should therefore be protected from unlawful appropriation and pillage . the economic and artistic value of the cultural heritage creates a strong demand on the international market , but the lack of strong international legislative measures and their enforcement leads to the transfer of these goods to the shadow economy . the looting and pillage of cultural goods contributes to further disintegration of already conflict - torn regions . the union should accordingly prohibit the entry in the customs territory of the union of cultural goods unlawfully exported from third countries .


### cultural heritage constitutes one of the basic elements of civilisation , it enriches the cultural life of all peoples and it should therefore be protected from unlawful appropriation and pillage . the union should accordingly prohibit the entry in the customs territory of the union of cultural goods unlawfully exported from third countries . ### cultural heritage constitutes one of the basic elements of civilisation , it enriches the cultural life of all peoples and it should therefore be protected from unlawful appropriation and pillage . the union should accordingly prohibit the entry in the customs territory of the union of cultural goods unlawfully exported from third countries , with particular emphasis on cultural goods exported by third countries affected by national or regional armed conflicts and countries in which government institutions or groups have been known for abetting financing or supporting in any way organisations linked to organised crime and terrorism .


### in view of different rules applying in the member states regarding the entry of cultural goods into the customs territory of the union , measures should be taken in particular to ensure that imports of cultural goods are subject to uniform controls upon their entry . ### in view of different rules applying in the member states regarding the entry of cultural goods into the customs territory of the union , measures should be taken in particular to ensure that imports of cultural goods are subject to uniform controls upon their entry , which should be thorough and effective and ensure that eu legislation is properly applied in all member states .


### in view of different rules applying in the member states regarding the entry of cultural goods into the customs territory of the union , measures should be taken in particular to ensure that imports of cultural goods are subject to uniform controls upon their entry . ### in view of different rules applying in the member states regarding the entry of cultural goods into the customs territory of the union , measures should be taken to harmonise the rules , regulations and procedures between member states in particular to ensure that imports of cultural goods are subject to uniform controls upon their entry .


### given the known potential of free zones for the purpose of storing cultural goods , the control measures to be put in place should have as broad a scope as possible in terms of customs procedures concerned . those control measures should therefore not only concern goods released for free circulation but also goods placed under a special customs procedure . however , such a broad scope should not go against the principle of freedom of transit of goods nor go beyond the objective of preventing illicitly exported cultural goods from entering the customs territory of the union . accordingly , while encompassing special customs procedures under which goods entering the customs territory of the union may be placed , control measures should exclude transit . ### given the known potential of free zones for the purpose of storing cultural goods , the control measures to be put in place should have as broad a scope as possible in terms of customs procedures concerned in order to prevent circumvention by exploitation of free zones , which represent potential background areas for continued proliferation of trade and storage in ill - gotten products in the eu . those control measures should therefore not only concern goods released for free circulation but also goods placed under a special customs procedure . however , such a broad scope should not unreasonably counter the principle of freedom of transit of goods nor go beyond the objective of preventing illicitly exported cultural goods from entering the customs territory of the union . accordingly , while encompassing special customs procedures under which goods entering the customs territory of the union may be placed , control measures should exclude transit , except when competent authorities have reasonable grounds to believe that cultural goods have been exported from the source country in violation of its laws and regulations or have been acquired in an otherwise illicit manner .


### in order not to impede trade with goods across the external border disproportionately , this regulation should only apply to goods meeting a certain age limit . for that purpose , it seems appropriate to set a 250 year minimum age threshold for all categories of cultural goods . that minimum age threshold will ensure that the measures provided for in this regulation focus on cultural goods most likely to be targeted by looters in conflict areas , without excluding other goods the control of which is necessary for ensuring protection of cultural heritage . ### in order not to impede trade with goods across the external border disproportionately , this regulation should only apply to goods meeting a certain age limit . for that purpose , it seems appropriate to set a 100 year minimum age threshold for all categories of cultural goods , in line with the provisions of the 1954 hague convention , the 1970 unesco convention and of the 1995 unidroit convention . that minimum age threshold will ensure that the measures provided for in this regulation focus on cultural goods most likely to be targeted by looters in conflict areas , without excluding other goods the control of which is necessary for ensuring protection of cultural heritage .


### since certain categories of cultural goods , namely archaeological objects , elements of monuments , rare manuscripts and incunabula are particularly vulnerable to pillage and destruction , it seems necessary to provide for a system of increased scrutiny before they may enter the customs territory of the union . such a system should require the presentation of a licence issued by the competent authority of the member state of entry prior to the release for free circulation of those goods or their placement under a special customs procedure other than transit . persons seeking to obtain such a licence should be able to prove licit export from the source country with the appropriate supportive documents and evidence , in particular , export certificates or licences issued by the third country of export , ownership titles , invoices , sales contracts , insurance documents , transport documents and experts appraisals . based on complete and accurate applications , the competent authorities of the member states should decide whether to issue a licence without undue delay . ### since certain categories of cultural goods , namely archaeological objects , elements of monuments , pieces of jewellery art , numismatic objects , artefacts of ancient technological achievements , martial art objects , rare manuscripts and incunabula , are particularly vulnerable to pillage and destruction , it seems necessary to provide for a system of increased scrutiny before they may enter the customs territory of the union . such a system should require the presentation of a licence issued by the competent authority of the member state of entry prior to the release for free circulation of those goods or their placement under a special customs procedure other than transit . persons seeking to obtain such a licence should be able to prove licit export from the source country with the appropriate supportive documents and evidence , in particular , export certificates or licences issued by the third country of export , ownership titles , invoices , sales contracts , insurance documents , transport documents and experts appraisals . based on complete and accurate applications , the competent authorities of the member states should decide whether to issue a licence without undue delay .


### storage of cultural goods from countries affected by armed conflict or suffering a natural disaster should also be permitted without the presentation of a licence or a statement in order to ensure their safety and preservation . ### storage of cultural goods from countries affected by armed conflict or suffering a natural disaster should also be permitted without the presentation of a licence or a statement in order to ensure their safety and preservation . however , a careful background check should be carried out on the persons seeking to introduce them into the customs area of the union , with particular attention to the potential that storage of cultural goods from export countries affected by armed conflict or suffering from natural disaster may be used as a source money laundering and terrorism financing .


### storage of cultural goods from countries affected by armed conflict or suffering a natural disaster should also be permitted without the presentation of a licence or a statement in order to ensure their safety and preservation . ### for many reasons , countries in war and crisis regions are usually unable to protect their cultural heritage . storage of cultural goods from countries affected by armed conflict or suffering a natural disaster should also be permitted without the presentation of a license or a statement , on the condition that competent government authorities accompany and administer the process until restitution .


### the storage , within the meaning of article 237 of regulation no 952 / 2013 , of cultural goods for the express purpose of ensuring their preservation by , or under the supervision of , a public authority . ### the storage , within the meaning of article 237 of regulation no 952 / 2013 , of cultural goods for the express purpose of ensuring their preservation by , or under the supervision of , a public authority , after carrying out a background check on the persons seeking to introduce them into the customs area of the union , with particular attention to the potential that storage of cultural goods from export countries affected by armed conflict or suffering from natural disaster may be used as a source money laundering and terrorism financing .


### the administrative decision referred to in paragraph 1 shall be accompanied by a statement of reasons , be communicated to the declarant and shall be subject to an effective remedy in accordance with procedures provided for in national law . ### the administrative decision referred to in paragraph 1 and 1a shall be accompanied by a statement of reasons , be communicated to the declarant and shall be subject to an effective remedy in accordance with procedures provided for in national law .


### the period of temporary retention shall be strictly limited to the time required for the customs authorities or other law enforcement authorities to determine whether the circumstances of the case warrant retention under other provisions of union or national law . the maximum period of temporary retention under this article shall be 6 months . if no determination is made regarding further retention of the cultural goods within that period or if a determination is made that the circumstances of the case do not warrant further retention , the cultural goods shall be made available to the declarant . ### the period of temporary retention shall be strictly limited to the time required for the customs authorities or other law enforcement authorities to determine whether the circumstances of the case warrant retention under other provisions of union or national law . the maximum period of temporary retention under this article shall be 6 months . if no determination is made regarding further retention of the cultural goods within that period or if a determination is made that the circumstances of the case do not warrant further retention , the cultural goods shall be made available to the declarant . authorities of the eu member states have to make sure that at the moment of restitution of the artworks to the country of origin the latter is not affected by an armed crisis where the safety of the cultural object cannot be guaranteed . otherwise the object has to remain in the eu until the situation in the country of origin is stabilised .


### the member states shall lay down the rules on penalties applicable to infringements of articles 3 , 4 and 5 and in particular , to the making of false statements and the submission of false information to obtain entry of cultural goods into the customs territory of the union , and shall take all measures necessary to ensure that they are implemented . the penalties provided for shall be effective , proportionate and dissuasive . member states shall notify the commission of those rules and of those measures within 18 months of the entry into force of the regulation and shall notify it , without delay , of any subsequent amendment affecting them . ### the member states shall lay down the rules on penalties applicable to infringements of articles 3 , 4 and 5 and in particular , to the making of false statements and the submission of false information to obtain entry of cultural goods into the customs territory of the union , and shall take all measures necessary to ensure that they are implemented . the penalties provided for shall be effective , proportionate and dissuasive . ownership of cultural goods is insofar a right as it is used in the public interest . a violation of laws concerning the protection of those goods can lead to the expropriation of legally acquired goods as parts of related collections . member states shall notify the commission of those rules and of those measures within 18 months of the entry into force of the regulation and shall notify it , without delay , of any subsequent amendment affecting them .


### for this purpose , the commission shall address relevant questionnaires to the member states . member states shall have 6 months to communicate the requested information to the commission . ### for this purpose , the commission shall address relevant questionnaires to the member states . member states shall have 6 months , from the receipt of the questionnaire to communicate the requested information to the commission .


### the fund would contribute to the establishment of a strong , competitive and innovative defence industrial and technological base and go hand in hand with the union ' s initiatives towards a more integrated european defence market and in particular , the two directives6 on procurement and on eu transfers in the defence sector adopted in 2009 . _________________ 6 directive 2009 / 43 / ec of the european parliament and of the council , simplifying terms and conditions of transfers of defence - related products within the community , oj l 146 , 10 . 6 . 2009 , p . 1 ; directive 2009 / 81 / ec of the european parliament and of the council on the coordination of procedures for the award of certain works contracts , supply contracts and service contracts by contracting authorities or entities in the fields of defence and security , oj l 216 , 20 . 8 . 2009 , p . 76 . ### the fund would contribute to the establishment of a strong , competitive and innovative defence industrial and technological base and go hand in hand with the union ' s initiatives towards a more integrated european defence market and in particular , the two directives6 on procurement and on eu transfers in the defence sector adopted in 2009 . in all cases , the requirements of directive 2009 / 81 / ec of the european parliament and of the council1a should be respected in full , including the transparency and non - discrimination principles , and exceptions should be allowed only within the strict framework of that directive . _________________ 6 directive 2009 / 43 / ec of the european parliament and of the council , simplifying terms and conditions of transfers of defence - related products within the community , oj l 146 , 10 . 6 . 2009 , p . 1 ; directive 2009 / 81 / ec of the european parliament and of the council on the coordination of procedures for the award of certain works contracts , supply contracts and service contracts by contracting authorities or entities in the fields of defence and security , oj l 216 , 20 . 8 . 2009 , p . 76 .


### following an integrated approach and in order to contribute to the enhancement of the competitiveness and innovation capacity of the union ' s defence industry , a european defence fund should be established . the fund should aim at enhancing the competitiveness , innovation , efficiency and autonomy of the union ' s defence industry thereby contributing to the union ' s strategic autonomy by supporting the cross border cooperation between member states and between enterprises , research centres , national administrations , international organisations and universities , in the research phase and in the development phase of defence products and technologies . to achieve more innovative solutions and an open internal market , the fund should support the cross - border participation of defence small and medium sized enterprises and middle capitalisation companies . ### following an integrated approach and in order to contribute to the enhancement of the competitiveness and innovation capacity of the union ' s defence industry , a european defence fund should be established . the fund should aim at enhancing the competitiveness , innovation , efficiency , environmental performance and technological and industrial autonomy of the union ' s defence industry thereby contributing to the union ' s strategic autonomy by supporting the cross border cooperation between member states and between enterprises , research centres , national administrations , international organisations and universities , in the research phase and in the development phase of defence products and technologies . to achieve more innovative solutions and an open internal market , the fund should support the cross - border participation of defence small and medium sized enterprises and middle capitalisation companies .


### the difficulty to agree on consolidated defence capability requirements and common technical specifications or standards hampers cross - border collaboration between member states and between legal entities based in different member states . the absence of such requirements , specifications and standards has led to increased fragmentation of the defence sector , technical complexity , delays and inflated costs as well as decreased interoperability . the agreement on common technical specifications should be a prerequisite for actions involving a higher level of technological readiness . activities of member states leading to common defence capability requirements and supporting studies as well as actions aiming at supporting the creation of a common definition of technical specifications or standards should also be eligible for support by the fund . ### the difficulty to agree on consolidated defence capability requirements and common technical specifications or standards hampers cross - border collaboration between member states and between legal entities based in different member states . the absence of such requirements , specifications and standards has led to increased fragmentation of the defence sector , technical complexity , delays and inflated costs as well as decreased interoperability . the agreement on common technical specifications should be a prerequisite for actions involving a higher level of technological readiness . activities of member states leading to common defence capability requirements and supporting studies as well as actions aiming at supporting the creation of a common definition of technical specifications or standards should also be eligible for support by the fund , in order to reinforce a more integrated internal market and efficiency in the defence industry .


### as the objective of the fund is to support the competitiveness and innovation of the union defence industry by leveraging and complementing collaborative defence research and technology activities and de - risking the development phase of cooperative projects , actions related to the research and development of a defence product or technology should be eligible to benefit from it . this will also apply to the upgrade , including the interoperability thereof , of existing defence products and technologies . ### as the objective of the fund is to support the competitiveness and innovation of the union defence industry by leveraging and complementing collaborative defence research , inovation and technology activities and de - risking the development phase of cooperative projects , actions related to the research and development of a defence product or technology should be eligible to benefit from it . this will also apply to the upgrade , including the interoperability thereof , of existing defence products and technologies .


### in certain circumstances , if this is necessary for achieving the objectives of the action , it should be possible to derogate from the principle that recipients and their subcontractors should not be subject to control by non - associated third countries or non - associated third country entities . in that perspective , legal entities established in the union that are controlled by a non - associated third country or a non - associated third country entity can be eligible if relevant and strict conditions relating to the security and defence interests of the union and its member states are fulfilled . the participation of such entities should not contravene the objectives of the fund . applicants should provide all relevant information about the infrastructure , facilities , assets and resources to be used in the action . ### in certain circumstances , if this is necessary for achieving the objectives of the action , it should be possible to derogate from the principle that recipients and their subcontractors should not be subject to control by non - associated third countries or non - associated third country entities . in that perspective , legal entities established in the union that are controlled by a non - associated third country or a non - associated third country entity can be eligible if relevant and strict conditions relating to the security and defence interests of the union and its member states are fulfilled . the participation of such entities should not contravene the objectives of the fund . applicants should provide all relevant information about the infrastructure , facilities , assets and resources to be used in the action and demonstrate that their input could not be brought by european entities .


### in certain circumstances , if this is necessary for achieving the objectives of the action , it should be possible to derogate from the principle that recipients and their subcontractors should not be subject to control by non - associated third countries or non - associated third country entities . in that perspective , legal entities established in the union that are controlled by a non - associated third country or a non - associated third country entity can be eligible if relevant and strict conditions relating to the security and defence interests of the union and its member states are fulfilled . the participation of such entities should not contravene the objectives of the fund . applicants should provide all relevant information about the infrastructure , facilities , assets and resources to be used in the action . ### in certain well justified and reasoned circumstances , if this is necessary for achieving the objectives of the action , it should be possible to derogate from the principle that recipients and their subcontractors should not be subject to control by non - associated third countries or non - associated third country entities . in that perspective , legal entities established in the union that are controlled by a non - associated third country or a non - associated third country entity can be eligible if relevant and strict conditions relating to the security and defence interests of the union and its member states are fulfilled . the participation of such entities should not contravene the objectives of the fund . applicants should provide all relevant information about the infrastructure , facilities , assets and resources to be used in the action .


### the promotion of innovation and technological development in the union defence industry should take place in a manner coherent with the security and defence interests of the union . accordingly , the action ' s contribution to those interests and to the defence research and capability priorities commonly agreed by member states should serve as an award criterion . within the union , common defence research and capability shortfalls are identified in the common security and defence policy framework notably through overarching strategic research agenda and the capability development plan . other union processes such as the coordinated annual review on defence and the permanent structured cooperation will support the implementation of relevant priorities through identifying and taking forward opportunities for enhanced cooperation with a view to fulfilling the eu level of ambition on security and defence . where appropriate , regional and international priorities , including those in the north atlantic treaty organisation context , may also be taken into account if they are in line with union priorities and do not prevent any member state or an associated country from participating , while also taking into account that unnecessary duplication should be avoided . ### the promotion of innovation , research and technological development in the union defence industry should take place in a manner coherent with the security and defence interests of the union . accordingly , the action ' s contribution to those interests and to the defence research and capability priorities commonly agreed by member states should serve as an award criterion . within the union , common defence research and capability shortfalls are identified in the common security and defence policy framework notably through overarching strategic research agenda and the capability development plan . other union processes such as the coordinated annual review on defence and the permanent structured cooperation will support the implementation of relevant priorities through identifying and taking forward opportunities for enhanced cooperation with a view to fulfilling the eu level of ambition on security and defence . where appropriate , regional and international priorities , including those in the north atlantic treaty organisation context , may also be taken into account if they are in line with union priorities and do not prevent any member state or an associated country from participating , while also taking into account that unnecessary duplication should be avoided .


### the commission should endeavour to maintain dialogue with member states and industry to ensure the success of the fund . ### the commission should endeavour to maintain dialogue with member states and industry to ensure the success of the fund through the impact it brings to the defence industry


### reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the united nations sustainable development goals , this fund will contribute to mainstream climate action in the union ' s policies and to the achievement of an overall target of 25 % of the eu budget expenditures supporting climate objectives . relevant actions will be identified during the fund ' s preparation and implementation , and reassessed in the context of its mid - term evaluation . ### reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the united nations sustainable development goals , this fund will contribute to mainstream climate action in the union ' s policies and to the achievement of an overall target of 25 % of the eu budget expenditures supporting climate objectives by including the environmental impact reduction as a goal and award criteria for the fund . relevant actions will be identified during the fund ' s preparation and implementation , and reassessed in the context of its mid - term evaluation .


### the general objective of the fund is to foster the competitiveness , efficiency and innovation capacity of the european defence industry , by supporting collaborative actions and cross - border cooperation between legal entities throughout the union , including smes and mid - caps as well as fostering the better exploitation of the industrial potential of innovation , research and technological development , at each stage of the industrial life cycle , thus contributing to the union strategic autonomy . the fund should also contribute to the freedom of action of the union and its autonomy , in particular in technological and industrial terms . ### the general objective of the fund is to foster the competitiveness through research , efficiency and innovation capacity of the european defence industry , by supporting collaborative actions and cross - border cooperation between legal entities throughout the union , including smes and mid - caps as well as fostering the better exploitation of the industrial potential of innovation , research and technological development , at each stage of the industrial life cycle , thus contributing to the union strategic autonomy . the fund should also contribute to the freedom of action of the union and its autonomy , in particular in technological and industrial terms .


### if appropriate , ethics checks shall be carried out by the commission during the implementation of the action . for serious or complex ethics issues , the checks shall be carried out by the commission with the support of experts on defence ethics . ### ethics checks shall be carried out during the implementation of the action , at the commission ' s discretion or upon request of the european parliament . those checks shall be carried out by the commission with the support of experts on defence ethics .


### the fund may provide funding in any of the forms laid down in the financial regulation , in particular grants , prizes and procurement . it may also provide financing in the form of financial instruments within blending operations . ### the fund may provide funding in any of the forms laid down in the financial regulation , in particular grants , prizes and procurement , in full respect of the requirements of directive 2009 / 81 / ec on defence and security procurement . it may also provide financing in the form of financial instruments within blending operations .


### by derogation from the paragraph 3 beneficiaries and subcontractors involved in the action may use their assets , infrastructure , facilities and resources located or held on the territory of a non - associated third country if this is necessary for achieving the objectives of an action and provided that this will not put at risk the security of the union and its member states . under the same conditions , when performing an eligible action , beneficiaries and their subcontractors may cooperate with an entity established in a non - associated third country . the costs related to the use of such infrastructure , facilities , assets or resources and to such cooperation shall not be eligible under the fund . ### by derogation from the paragraph 3 and where appropriate beneficiaries and subcontractors involved in the action may use their assets , infrastructure , facilities and resources located or held on the territory of a non - associated third country if this is strictly necessary for achieving the objectives of an action and provided that this will not contravene the security and defence interests of the union and its member states as established in the framework of common foreign and security policy in accordance with title v of the teu . under the same conditions , when performing an eligible action , beneficiaries and their subcontractors may cooperate with an entity established in a non - associated third country . the costs related to the use of such infrastructure , facilities , assets or resources and to such cooperation shall not be eligible under the fund . technological products developed or manufactured with the help of this european fund may not be the subject of a transfer of technology or any intellectual property right for the benefit of a third state outside the european union , or for the benefit of any economic actor that is not controlled by a member state .


### in the event of a change during the implementation of an action which might question the fulfilment of those criteria and conditions , the beneficiary shall inform the commission , which shall assess whether those criteria and conditions are still met and address the potential impact on the funding of the action . ### in the event of a change during the implementation of an action which might question the fulfilment of those criteria and conditions , the beneficiary shall inform the commission immediately , which shall assess whether those criteria and conditions are still met and address the potential impact on the funding of the action .


### activities aiming to create , underpin and improve new knowledge and defence technology which can achieve significant effects in the area of defence ; ### activities aiming to create , underpin and improve new knowledge and defence technology which can achieve significant effects in competitiveness in the area of defence ;


### the certification of a defence product , tangible or intangible component or technology . certification is the process according to which a national authority certifies that the defence product , tangible or intangible component or technology complies with the applicable regulations ; ### the certification of a defence product , tangible or intangible component or technology . certification is the process according to which a national authority certifies that the defence product , tangible or intangible component or technology complies with the applicable regulations and product standards ;


### the development of technologies or assets increasing efficiency across the life cycle of defence products and technologies ; ### the development of technologies or assets increasing efficiency and reducing the environmental impact across the life cycle of defence products and technologies ;


### contribution to the competitiveness of the european defence industry , in particular by creating new market opportunities and accelerating the growth of companies throughout the union ; ### contribution to the competitiveness of the european defence industry as well as contribution to the reinforcing of the single market for defence , in particular by creating new market opportunities and accelerating the growth of companies throughout the union ;


### the commission shall be assisted by a committee within the meaning of regulation no 182 / 2011 . the european defence agency shall be invited as an observer to provide its views and expertise . the european external action service shall also be invited to assist . ### the commission shall be assisted by a committee within the meaning of regulation no 182 / 2011 . the european defence agency shall be invited as an observer to provide its views and expertise . the european external action service shall also be invited to assist . the european parliament may select a representative group of members to assist the committee .


### independent experts shall be union ' s citizens identified and selected on the basis of calls for expressions of interest addressed to relevant organisations such as ministries of defence and subordinated agencies , research institutes , universities , business associations or enterprises of the defence sector with a view to establishing a list of experts . by derogation from article [ 237 ] of the financial regulation , this list shall not be made public . ### independent experts shall be union ' s citizens identified and selected on the basis of calls for expressions of interest addressed to relevant organisations such as ministries of defence and subordinated agencies , research institutes , non governmental organisations , universities , business associations or enterprises of the defence sector with a view to establishing a list of experts that is gender balanced . by derogation from article [ 237 ] of the financial regulation , this list shall not be made public .


### through the principle of contractual freedom it will be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this regulation , especially as far as certain technical means of transmission or certain language versions are concerned , provided that any such limitations of the exploitation of those rights are in compliance with union law . ### the possibilities enabled by this regulation under no circumstance may they undermine the principles of territoriality and contractual freedom . through these principles it will be possible to continue limiting the exploitation of the rights affected by this regulation , especially as far as certain technical means of transmission or certain language versions are concerned , provided that any such limitations of the exploitation of those rights are in compliance with union and member states law .


### a review of the regulation should be undertaken after the regulation has been in force for a period of time , in order to assess , among others , to what extent the cross - border provision of ancillary online services has increased to the benefit of european consumers and hence also to the benefit of improved cultural diversity in the union . ### a review of the regulation should be undertaken after the regulation has been in force for a period of time , in order to assess , among others , and in the light of the entry into force of the regulation of the european parliament and of the council on ensuring the cross - border portability of online content services in the internal market , to what extent the cross - border provision of ancillary online services has increased to the benefit of european consumers and hence also to the benefit of improved cultural diversity in the union , paying special attention to its impact on investment in european content .


### since the objective of this regulation , namely promoting the cross - border provision of ancillary online services and facilitating retransmissions of television and radio programmes originating in other member states , cannot be sufficiently achieved by member states and can therefore , by reason of the scale and effects , be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve its objective . as concerns the cross - border provision of ancillary online services , this regulation establishes enabling mechanisms to facilitate the clearance of copyright and related rights . this regulation does not oblige broadcasting organisations to provide such services across borders . neither does this regulation oblige operators of retransmission services to include in their services television or radio programmes originating in other member states . this regulation concerns only the exercise of certain retransmission rights to the extent necessary to simplify the licensing of copyright and related rights for such services and only with regard to television and radio programmes originating in other member states of the union , ### since the objective of this regulation , namely promoting the cross - border provision of ancillary online services of broadcasters and facilitating retransmissions of television and radio programmes originating in other member states , cannot be sufficiently achieved by member states and can therefore , by reason of the scale and effects , be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve its objective . as concerns the cross - border provision of ancillary online services of broadcasters , this regulation establishes enabling mechanisms to facilitate the clearance of copyright and related rights . this regulation does not oblige broadcasting organisations to provide such services across borders . neither does this regulation oblige operators of retransmission services to include in their services television or radio programmes originating in other member states . this regulation concerns only the exercise of certain retransmission rights to the extent necessary to simplify the licensing of copyright and related rights for such services and only with regard to television and radio programmes originating in other member states of the union ,


### ' retransmission ' means any simultaneous , unaltered and unabridged retransmission , other than cable retransmission as defined in directive 93 / 83 / eec and other than retransmission provided over an internet access service as defined in regulation 2015 / 2120 of the european parliament and of the council19 , intended for reception by the public of an initial transmission from another member state , by wire or over the air , including that by satellite but excluding online transmission , of television or radio programmes intended for the reception by the public , provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made . _________________ 19 regulation 2015 / 2120 of the european parliament and of the council of 25 november 2015 laying down measures concerning open internet access and amending directive 2002 / 22 / ec on universal service and users’ rights relating to electronic communications networks and services and regulation no 531 / 2012 on roaming on public mobile communications networks within the union , oj l 310 , 26 . 11 . 2015 , p . 1 . ### ' retransmission ' means any simultaneous , unaltered and unabridged retransmission , other than cable retransmission as defined in directive 93 / 83 / eec , intended for reception by the public of an initial transmission from another member state , in a closed environment , by wire or over the air , including that by satellite but excluding online transmission , of television or radio programmes intended for the reception by the public , provided that such retransmission has the same characteristics as the cable retransmission and is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made .


### agreements on the exercise of copyright and related rights relevant for the acts of communication to the public and the making available occurring in the course of provision of an ancillary online service as well as for the acts of reproduction which are necessary for the provision of , the access to or the use of an ancillary online service which are in force on [ the date mentioned in article 7 , to be inserted by opoce ] shall be subject to article 2 as from [ the date mentioned in article 7 + 2 years , to be inserted by opoce ] if they expire after that date . ### agreements on the exercise of copyright and related rights relevant for the acts of communication to the public and the making available of news and current affairs programmes occurring in the course of provision of an ancillary online service as well as for the acts of reproduction of news and current affairs programmes which are necessary for the provision of an ancillary online service which are in force on [ the date mentioned in article 7 , to be inserted by opoce ] shall be subject to article 2 as from [ the date mentioned in article 7 + 2 years , to be inserted by opoce ] if they expire after that date .


### it shall apply from [ 6 months following the day of its publication , to be inserted by opoce ] . ### it shall apply from [ 12 months following the day of its publication , to be inserted by opoce ] .


### in order to ensure uniform conditions for the implementation of regulation no 726 / 2004 , implementing powers should be conferred on the commission to adopt implementing acts in relation to marketing authorisations for medicinal products for human use . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council8 . ___________ 8 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission’s exercise of implementing powers . ### in order to ensure uniform conditions for the implementation of regulation no 726 / 2004 , implementing powers should be conferred on the commission to adopt implementing acts in relation to marketing authorisations for medicinal products for human and veterinary use . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council8 . ___________ 8 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission’s exercise of implementing powers .


### where the budget is implemented under shared implementation the commission and the member states shall respect the principles of sound financial management , transparency and non - discrimination and shall ensure the visibility of union action . to this end , the commission and the member states shall fulfil their respective control and audit obligations and assume the resulting responsibilities laid down in this regulation . complementary provisions shall be laid down in sector - specific rules . ### where the budget is implemented under shared implementation the commission and the member states shall respect the principles of sound financial management , transparency and non - discrimination and shall ensure the visibility of union action . to this end , the commission and the member states shall fulfil their respective control and audit obligations and assume the resulting responsibilities laid down in this regulation . complementary provisions shall be laid down in sector - specific rules . the sector - specific rules provide the framework for ensuring the principles of subsidiarity and of proportionality . the principle of proportionality is to be strengthened by setting minimum requirements and enhancing flexibility , by providing for the use of discretion and the accountability of the member states . member states shall provide for the detail of the funding procedures in accordance with the framework laid down in this regulation .


### “ the commission shall decide , by means of implementing acts , on requests to amend programmes that concern one or more of the following : a change in the programme strategy through a change of more than 50 % in the quantified target linked to a focus area ; a change in the eafrd contribution rate of one or more measures ; a change of the entire union contribution or its annual distribution at programme level ; ” ### 2 a . in article 11 , point is replaced by the following : “ the commission shall decide , by means of implementing acts , on requests to amend programmes that concern an increase in the eafrd contribution rate of one or more measures . ”


### ' 2 . the beneficiary of support provided in paragraph 1 and shall be the provider of advice or training . support under paragraph 1 shall be granted to the authority or body selected to set up the farm management , farm relief , farm advisory or forestry advisory service . ' ### in article 15 , paragraph 2 is replaced by the following : ' 2 . the beneficiary of support provided in paragraph 1 and shall be either the provider of advice or training or the public body responsible for the selection of the provider . support under paragraph 1 shall be granted to the authority or body selected to set up the farm management , farm relief , farm advisory or forestry advisory service . '


### ' the authorities or bodies selected to provide advice shall have appropriate resources in the form of regularly trained and qualified staff and advisory experience and reliability with respect to the fields in which they advise . the beneficiaries under this measure shall be chosen through calls for tenders . the selection procedure shall be governed by public procurement law and shall be open to both public and private bodies . it shall be objective and shall exclude candidates with conflicts of interest . ' ### in article 15 , subparagraph 1 is replaced by the following : ' the authorities or bodies selected to provide advice shall have appropriate resources in the form of regularly trained and qualified staff and advisory experience and reliability with respect to the fields in which they advise . the providers under this measure shall be chosen through a selection procedure open to both public and private bodies . it shall be objective and shall exclude candidates with conflicts of interest . '


### ' 1 . support under this measure shall cover new participation by farmers and groups of farmers in : ' ### in article 16 , the introductory part is replaced by the following : ' 1 . support under this measure shall cover new participation by farmers and groups of farmers , or participation by farmers or group of farmers in the five preceding years , in : '


### ' establishment of agroforestry systems ' ### the title of article 23 is amended as follows : ' establishment and regeneration / renovation of agroforestry systems '


### ' 1 . support under point of article 21 shall be granted to private land - holders , municipalities and their associations and shall cover the costs of establishment and an annual premium per hectare to cover the costs of maintenance for a maximum period of five years . ' ### in article 23 , paragraph 1 is amended as follows : ' 1 . support under point of article 21 shall be granted to private land - holders , municipalities and their associations and shall cover the costs of establishment , regeneration and / or renovation and an annual premium per hectare to cover the costs of maintenance for a maximum period of five years . '


### ' setting - up of producer groups and organisations ' ### in article 27 , the title is replaced by the following : ' setting - up of producer groups , producer organisations and bargaining organisations '


### ' 1 . support under this measure shall be granted in order to facilitate the setting up of producer groups and organisations in the agriculture and forestry sectors for the purpose of : ' ### in article 27 , the introductory part is replaced by the following : ' 1 . support under this measure shall be granted in order to facilitate the setting up of producer groups , producer organisations and bargaining organisations in the agriculture and forestry sectors for the purpose of : '


### ' other activities that may be carried out by producer groups and organisations , such as the development of business and marketing skills and the organisation and facilitation of the innovation processes . ' ### in article 27 , point is replaced by the following : ' other activities that may be carried out by producer groups , producer organisations and bargaining organisations , such as the development of business and marketing skills and the organisation and facilitation of the innovation processes . '


### ' support shall be granted to producer groups and organisations which are officially recognised by a member state ' s competent authority on the basis of a business plan . it shall be limited to producer groups and organisations that are smes . ' ### 6 d . in article 27 , the first subparagraph is replaced by the following : ' support shall be granted to producer groups , producer organisations and bargaining organisations which are officially recognised by a member state ' s competent authority on the basis of a business plan . it shall be limited to producer groups , producer organisations and bargaining organisations that are smes . '


### ' member states shall verify that the objectives of the business plan have been reached within five years after recognition of the producer group or organisation . ' ### 6 e . in article 27 , the second subparagraph is replaced by the following : ' member states shall verify that the objectives of the business plan have been reached within five years after recognition of the producer group , producer organisations or bargaining organisations . '


### ' in the first year member states may pay support to the producer group or organisation calculated on the basis of the average annual value of the marketed production of its members over the three years before they entered the group or organisation . in the case of producer groups and organisations in the forestry sector , support shall be calculated on the basis of the average marketed production of the members of the group or organisation over the last five years before the recognition , excluding the highest and the lowest value . ' ### 6 f . in article 27 , the second subparagraph is replaced by the following : ' in the first year member states may pay support to the producer group , producer organisations and bargaining organisations calculated on the basis of the average annual value of the marketed production of its members over the three years before they entered the group or organisation . in the case of producer groups , producer organisations and bargaining organisations in the forestry sector , support shall be calculated on the basis of the average marketed production of the members of the group or organisation over the last five years before the recognition , excluding the highest and the lowest value . '


### ' 5 . states may continue support for setting up of producer groups even after they have been recognised as producer organisations under the conditions of regulation no 1308 / 2013 . ' ### 6 g . in article 27 , paragraph 5 is replaced by the following : ' 5 . member states may continue support for setting up of producer groups even after they have been recognised as producer organisations or as bargaining organisations under the conditions of regulation no 1308 / 2013 . '


### ' 1 . support under this measure shall be granted , per hectare of agricultural area , to farmers or groups of farmers who undertake , on a voluntary basis , to convert to or maintain organic farming practices and methods as defined in regulation no 834 / 2007 and who are active farmers within the meaning of article 9 of regulation no 1307 / 2013 . ' ### in article 29 , paragraph 1 is replaced by the following : ' 1 . support under this measure shall be granted , per hectare of agricultural area and if duly justified also on livestock unit to farmers or groups of farmers who undertake , on a voluntary basis , to convert to or maintain organic farming practices and methods as defined in regulation no 834 / 2007 and who are active farmers within the meaning of article 9 of regulation no 1307 / 2013 '


### ' support under this measure shall be granted , per hectare of agricultural area , to farmers or groups of farmers who undertake , on a voluntary basis , to convert to or maintain organic farming practices and methods as defined in regulation no 834 / 2007 and who are active farmers within the meaning of article 9 of regulation no 1307 / 2013 . ' ### in article 29 , paragraph 1 , is replaced by the following : ' support under this measure shall be granted , per hectare of agricultural area and , where justified per livestock unit , to farmers or groups of farmers who undertake , on a voluntary basis , to convert to or maintain organic farming practices and methods as defined in regulation no 834 / 2007 and who are active farmers within the meaning of article 9 of regulation no 1307 / 2013 . '


### ' 1 . support under this measure shall be granted , per hectare of agricultural area , to farmers or groups of farmers who undertake , on a voluntary basis , to convert to or maintain organic farming practices and methods as defined in regulation no 834 / 2007 and who are active farmers within the meaning of article 9 of regulation no 1307 / 2013 . ' ### in article 29 , paragraph 1 is amended as follows : ' 1 . support under this measure shall be granted , per hectare of agricultural area , and , where duly justified , per livestock unit , to farmers or groups of farmers who undertake , on a voluntary basis , to convert to or maintain organic farming practices and methods as defined in regulation no 834 / 2007 and who are active farmers within the meaning of article 9 of regulation no 1307 / 2013 . '


### ' support under point of article 36 shall only be granted to cover for loss caused by the outbreak of adverse climatic events , an animal or plant disease , a pest infestation , or a measure adopted in accordance with directive 2000 / 29 / ec to eradicate or contain a plant disease or pest or an environmental incident , which destroy more than 30 % of the average annual production of the farmer in the preceding three - year period or a three - year average based on the preceding five - year period , excluding the highest and lowest entry . indexes may be used in order to calculate the annual production of the farmer . the calculation method used shall permit the determination of the actual loss of an individual farmer in a given year . ' ### 7 b . in article 38 , subparagraph 2 is replaced by the following : ' support under point of article 36 shall only be granted to cover for loss caused by the outbreak of adverse climatic events , an animal or plant disease , a pest infestation , or a measure adopted in accordance with directive 2000 / 29 / ec to eradicate or contain a plant disease or pest or an environmental incident , which destroy more than 20 % of the average annual production of the farmer in the preceding three - year period or a three - year average based on the preceding five - year period , excluding the highest and lowest entry . indexes may be used in order to calculate the annual production of the farmer . the calculation method used shall permit the determination of the actual loss of an individual farmer in a given year . '


### working capital that is ancillary to , and linked to a new investment , which receives eafrd support through a financial instrument established in accordance with article 37 of regulation no 1303 / 2013 , may be eligible expenditure . such eligible expenditure shall not exceed 30 % of the total amount of the eligible expenditure for the investment . the relevant request shall be duly substantiated . ### where support is provided through a financial instrument established in accordance with article 37 of regulation no 1303 / 2013 , working capital may be eligible expenditure . such eligible expenditure shall not exceed eur 200 000 or 30% of the total amount of the eligible expenditure for the investment , whichever is the higher .


### ' 1 . without prejudice to paragraphs 5 , 6 and 7 of this article , the total amount of union support for rural development under this regulation for the period from 1 january 2014 to 31 december 2020 shall be eur 84 936 million , in 2011 prices , in accordance with the multiannual financial framework for the years 2014 to 2020 . ' ### 12 a . in article 58 , paragraph 1 is replaced by the following : ' 1 . without prejudice to paragraphs 5 , 6 and 7 of this article , the total amount of union support for rural development under this regulation for the period from 1 january 2014 to 31 december 2020 shall be eur 84 936 million , in 2011 prices , in accordance with the multiannual financial framework for the years 2014 to 2020 . without prejudice to a redefinition of the total amount of union support for rural development , the current rural development programmes , approved in accordance with article 10 , shall continue to apply until 2024 or until a new reform is adopted . '


### ' article 37 crop , animal and plant insurance maximum amount in eur or rate : 65 % of the insurance premium due ' ### 16 a . in annex ii , article 37 is replaced by the following : ' article 37 crop , animal and plant insurance maximum amount in eur or rate : 70 % of the insurance premium due '


### ' article 38 mutual funds for adverse climatic events , animal and plant diseases , pest infestations and environmental incidents maximum amount in eur or rate : 65 % of the eligible costs ' ### 16 b . in annex ii , article 38 is replaced by the following : ' article 38 mutual funds for adverse climatic events , animal and plant diseases , pest infestations and environmental incidents maximum amount in eur or rate : 70 % of the eligible costs '


### ' article 39 income stabilisation tool maximum amount in eur or rate : 65 % of the eligible costs ' ### 16 c . in annex ii , article 39 is replaced by the following : ' article 39 income stabilisation tool maximum amount in eur or rate : 70 % of the eligible costs '