### the member state or the managing authority shall be responsible for organising at least the following information and publicity measures : a major information activity publicising the launch of the operational programme ; at least one major information activity a year which promotes the funding opportunities and the strategies pursued and presents the achievements of the operational programme , including , where relevant , major projects , joint action plans and other project examples ; displaying the flag of the european union in front of , or at a place visible to the public , at the premises of each managing authority ; publishing electronically the list of operations in accordance with section 1 ; giving examples of operations , by operational programme , on the single website or on the operational programme ' s website that is accessible through the single website portal ; the examples should be in a widely spoken official language of the european union other than the official language or languages of the member state concerned ; updating information about the operational programme ' s implementation , including its main achievements , on the single website or on the operational programme ' s website that is accessible through the single website portal . ### the member state or the managing authority shall be responsible for organising at least the following information and communication measures : a major information activity publicising the launch of the operational programme , even prior to the approval of the revelant communication strategies ; one major information activity a year which promotes the funding opportunities and the strategies pursued and presents the achievements of the operational programme , including , where relevant , major projects , joint action plans and other project examples ; displaying the emblem of the european union at the premises of each managing authority ; publishing electronically the list of operations in accordance with section 1 ; giving examples of operations , by operational programme , on the single website or on the operational programme ' s website that is accessible through the single website portal ; the examples should be in a widely spoken official language of the european union other than the official language or languages of the member state concerned ; updating information about the operational programme ' s implementation , including , when appropriate , its main achievements , on the single website or on the operational programme ' s website that is accessible through the single website portal .


### the managing authority shall involve in information and publicity measures , in accordance with national laws and practices , the following bodies : the partners referred to in article 5 ; information centres on europe , as well as commission representation offices in the member states ; educational and research institutions . these bodies shall widely disseminate the information described in article 105 and . ### the managing authority shall involve in information and communication measures , in accordance with national laws and practices , the following bodies where appropriate : the partners referred to in article 5 ; information centres on europe , as well as commission representation offices , and information offices of the european parliament in the member states ; educational and research institutions . these bodies shall widely disseminate the information described in article 105 .


### providing on the beneficiary ' s website , where such a website exists , a short description of the operation , including its aims and results , and highlighting the financial support from the european union ; ### providing on the beneficiary ' s website , where such a website exists , a short description of the operation , proportionate to the level of support , including its aims and results , and highlighting the financial support from the european union ;


### placing at least one poster with information about the project , including the financial support from the european union , at a location readily visible to the public , such as the entrance area of a building . ### placing , for operations not falling under paragraphs 4 and 5 , at least one poster with information about the project , including the financial support from the european union , at a location readily visible to the public , such as the entrance area of a building .


### for operations supported by the esf , and in appropriate cases for operations supported by the erdf or cohesion fund , the beneficiary shall ensure that those taking part in an operation have been informed of this funding . any document , including any attendance or other certificate , concerning such an operation shall include a statement to the effect that the operational programme was supported by the fund or funds . ### for operations supported by the esf , and in appropriate cases for operations supported by the erdf or cohesion fund , the beneficiary shall ensure that those taking part in an operation have been informed of this funding . any document , relating to the implementation of an operation which is used for the public or for participants , including any attendance or other certificate , shall include a statement to the effect that the operational programme was supported by the fund or funds .


### no later than three months after completion of an operation , the beneficiary shall put up a permanent plaque or billboard of significant size at a location readily visible to the public for each operation that fulfils the following criteria : the total public support to the operation exceeds eur 500 000 ; the operation consists in the purchase of a physical object or in the financing of infrastructure or of construction operations . the plaque or billboard shall state the type , name and purpose of the operation and shall be prepared in accordance with the technical characteristics adopted by the commission in accordance with article 105 . ### no later than three months after completion of an operation , the beneficiary shall put up a permanent plaque or billboard of significant size at a location readily visible to the public for each operation that fulfils the following criteria : the total public support to the operation exceeds eur 500 000 ; b ) the operation consists in the purchase of a physical object or in the financing of infrastructure or of construction operations . the plaque or billboard shall state the name and the main objective of the operation . it shall be prepared in accordance with the technical characteristics adopted by the commission in accordance with article 105 .


### the managing authority shall ensure that potential beneficiaries are informed on at least the following : the conditions of eligibility of expenditure to be met in order to qualify for support under an operational programme ; a description of the procedures for examining applications for funding and of the time periods involved ; the criteria for selecting the operations to be supported ; the contacts at national , regional or local level that are able to provide information on the operational programmes ; that applications should propose communication activities , proportional to the size of the operation , in order to inform the public about the operation ' s aims and the eu support to the operation . ### the managing authority shall ensure that potential beneficiaries have access to the relevant information , including updated information where necessary , and taking into account the accessibility of electronic or other communication services for certain potential beneficiaries , on at least the following : the funding opportunities and the launching of application calls ; the conditions of eligibility of expenditure to be met in order to qualify for support under an operational programme ; a description of the procedures for examining applications for funding and of the time periods involved ; the criteria for selecting the operations to be supported ; the contacts at national , regional or local level that are able to provide information on the operational programmes ; the responsibility of potential beneficiaries to inform the public about the aim of the operation and the support from the funds to the operation in accordance to point 2 . 2 above . the managing authority may request potential beneficiaries to propose indicative communication activities , proportional to the size of the operation , in the applications .


### information measures for beneficiaries the managing authority shall inform beneficiaries that acceptance of funding constitutes an acceptance of their inclusion in the list of operations published in accordance with article 105 . 2 . the managing authority shall provide information and publicity kits , including templates in electronic format , to help beneficiaries to meet their obligations set out in section 2 . 2 . ### information measures for beneficiaries the managing authority shall inform beneficiaries that acceptance of funding constitutes an acceptance of their inclusion in the list of operations published in accordance with article 105 . 2 . the managing authority shall provide information and communication tools , including templates in electronic format , to help beneficiaries to meet their obligations set out in section 2 . 2 , where appropriate .


### the communication strategy drawn up by the managing authority shall include at least the following elements : a description of the approach taken , including the main information and publicity measures to be taken by the member state or the managing authority aimed at potential beneficiaries , beneficiaries , multipliers and the wider public , having regard to the aims described in article 105 ; a description of materials that will be made available in formats accessible for people with disabilities ; a description of how beneficiaries will be supported in their communication activities ; the indicative budget for implementation of the strategy ; a description of the administrative bodies , including the staff resources , responsible for implementing the information and publicity measures ; the arrangements for the information and publicity measures referred to in section 2 , including the website or website portal at which such data may be found ; an indication of how the information and publicity measures shall be assessed in terms of visibility and awareness of policy , operational programmes and operations , and of the role played by the funds and the european union ; where appropriate , a description of the use of the main results of the previous operational programme ; an annual update setting out the information and communication activities to be carried out . ### the communication strategy drawn up by the managing authority and , where appropriate , by the member state shall include , the following elements : a description of the approach taken , including the main information and communication measures to be taken by the member state or the managing authority aimed at potential beneficiaries , beneficiaries , multipliers and the wider public , having regard to the aims described in article 105 ; a description of materials that will be made available in formats accessible for people with disabilities ; a description of how beneficiaries will be supported in their communication activities ; the indicative budget for implementation of the strategy ; a description of the administrative bodies , including the staff resources , responsible for implementing the information and communication measures ; the arrangements for the information and communication measures referred to in section 2 , including the website or website portal at which such data may be found ; an indication of how the information and communication measures shall be assessed in terms of visibility and awareness of policy , operational programmes and operations , and of the role played by the funds and the european union ; where appropriate , a description of the use of the main results of the previous operational programme ; an annual update setting out the information and communication activities to be carried out in the following year .


### the magnitude and frequency of deliberate or accidental security incidents is increasing and represents a major threat to the functioning of networks and information systems . such incidents can impede the pursuit of economic activities , generate substantial financial losses , undermine user confidence and cause major damage to the economy of the union . ### the magnitude and frequency of deliberate or accidental security incidents is increasing and represents a major threat to the functioning of networks and information systems . such incidents can impede the pursuit of economic activities , generate substantial financial losses , undermine user confidence and cause major damage to the economy of the union and , ultimately , endanger the wellbeing of eu citizens and the ability of eu member states to protect themselves and ensure the security of critical infrastructures .


### the existing capabilities are not sufficient enough to ensure a high level of nis within the union . member states have very different levels of preparedness leading to fragmented approaches across the union . this leads to an unequal level of protection of consumers and businesses , and undermines the overall level of nis within the union . lack of common minimum requirements on public administrations and market operators in turn makes it impossible to set up a global and effective mechanism for cooperation at union level . ### the existing capabilities are not sufficient enough to ensure a high level of nis within the union . member states have very different levels of preparedness leading to fragmented approaches across the union . this leads to an unequal level of protection of consumers and businesses , and undermines the overall level of nis within the union . lack of common minimum requirements on public administrations and market operators in turn makes it impossible to set up a global and effective mechanism for cooperation at union level . there is a need effectively to spur r&d&i in these areas and provide it with adequate funding . universities and research centres have a decisive role to play in this regard .


### competent authorities should have the necessary means to perform their duties , including powers to obtain sufficient information from market operators and public administrations in order to assess the level of security of network and information systems as well as reliable and comprehensive data about actual incidents that have had an impact on the operation of network and information systems . ### competent authorities should have the necessary means to perform their duties , including powers to obtain sufficient information from market operators and public administrations in order to assess the level of security of network and information systems as well as reliable and comprehensive data about actual incidents that have had an impact on the operation of network and information systems . the competent authorities should be able to hold liable the suppliers of defective computer programs or hardware or services that lead directly to an nis incident .


### in the application of this directive , the commission should liaise as appropriate with relevant sectoral committees and relevant bodies set up at eu level in particular in the field of energy , transport and health . ### in the application of this directive , the commission should liaise as appropriate with relevant sectoral committees and relevant bodies set up at eu level in particular in the field of energy , transport , health and the armed forces .


### creates a cooperation mechanism between member states in order to ensure a uniform application of this directive within the union and , where necessary , a coordinated and efficient handling of and response to risks and incidents affecting network and information systems ; ### creates a cooperation mechanism between member states in order to ensure a uniform application of this directive within the union and , where necessary , a coordinated , efficient and effective handling of and response to risks and incidents affecting network and information systems ;


### any device or group of inter - connected or related devices , one or more of which , pursuant to a program , perform automatic processing of computer data , as well as ### any group of inter - connected or related devices , one or more of which , pursuant to a program , perform automatic processing of computer data , as well as


### publish on a regular basis non - confidential information on on - going early warnings and coordinated response on a common website ; ### publish on a regular basis non - confidential information on on - going early warnings and coordinated response on common digital spaces which , in the same way as websites , allow for their consultation on mobile phones and tablets ;


### union nis cooperation plan ### nis eu strategy cooperation plan


### the competent authorities shall work in close cooperation with personal data protection authorities when addressing incidents resulting in personal data breaches . ### the competent authorities and the single points of contact shall work in close cooperation with data protection authorities when addressing incidents resulting in personal data breaches . the single points of contact and the data protection authorities shall develop , through cooperation with enisa , information exchange mechanisms and a single template to be used both for notifications under article 14 of this directive and the directive 95 / 46 / ec of the european parliament and of the council1 . _________________ 1 directive 95 / 46 / ec of the european parliament and of the council on the protection of individuals with regard to the processing of personal data and on the free movement of such data .


### consent should not provide a valid legal ground for the processing of personal data , where there is a clear imbalance between the data subject and the controller . this is especially the case where the data subject is in a situation of dependence from the controller , among others , where personal data are processed by the employer of employees ' personal data in the employment context . where the controller is a public authority , there would be an imbalance only in the specific data processing operations where the public authority can impose an obligation by virtue of its relevant public powers and the consent cannot be deemed as freely given , taking into account the interest of the data subject . ### consent should not provide a valid legal ground for the processing of personal data , where there is a clear imbalance between the data subject and the controller . this is especially the case where the data subject is in a situation of dependence from the controller , among others , where personal data are processed by the employer of employees ' personal data in the employment context . in an employment context , data processing primarily intended to have legally or financially advantageous consequences for the employee is an exception . where the controller is a public authority , there would be an imbalance only in the specific data processing operations where the public authority can impose an obligation by virtue of its relevant public powers and the consent cannot be deemed as freely given , taking into account the interest of the data subject .


### where the processing is carried out in the public sector or where , in the private sector , processing is carried out by a large enterprise , or where its core activities , regardless of the size of the enterprise , involve processing operations which require regular and systematic monitoring , a person should assist the controller or processor to monitor internal compliance with this regulation . such data protection officers , whether or not an employee of the controller , should be in a position to perform their duties and tasks independently . ### where the processing is carried out in the public sector or where , in the private sector , processing is carried out by an enterprise processing the personal data of more than 20 persons , or where its core activities , regardless of the size of the enterprise , involve processing operations which require regular and systematic monitoring , a person should assist the controller or processor to monitor internal compliance with this regulation . such data protection officers , whether or not an employee of the controller , should be in a position to perform their duties and tasks independently . to guarantee this independence , these data protection officers should enjoy particular protection against dismissal and discrimination in the performance of their duties , and they should be appointed only after obtaining the consent of the workplace representation ; furthermore , these data protection officers should have the opportunity to follow regular further training in relation to their duties , whereby the corresponding costs will be borne by the controller and / or processor .


### the general principles on the protection of individuals with regard to the processing of personal data should also be applicable to the employment context . therefore , in order to regulate the processing of employees ‘ personal data in the employment context , member states should be able , within the limits of this regulation , to adopt by law specific rules for the processing of personal data in the employment sector . ### the general principles on the protection of individuals with regard to the processing of personal data should also be applicable to the employment context . member states should be able to regulate the processing of employees ' personal data in the employment context by law or by collective agreement in accordance with national practices of regulating personal data in the employment context between employer - and workers ' representatives . such collective agreements can also regulate the processing of personal data and be the primary legal instrument for the parties to the agreement . the regulation should not impose restrictions on collective agreements . where a statutory basis exists in the member state in question for the regulation of employment matters by agreement between employee representatives and the management of the undertaking or the controlling undertaking of a group of undertakings or under directive 2009 / 38 / ec of the european parliament and of the council of 6 may 2009 on the establishment of a european works council or a procedure in community - scale undertakings and community - scale groups of undertakings for the purposes of informing and consulting employees it should also be possible to regulate the processing of personal data in an employment context by such an agreement .


### processing is necessary for the purposes of the legitimate interests pursued by a controller , except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data , in particular where the data subject is a child . this shall not apply to processing carried out by public authorities in the performance of their tasks . ### processing is necessary for the purposes of the legitimate interests pursued by a controller , or by the third party or parties to whom the data are disclosed , except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data , in particular where the data subject is a child . this shall not apply to processing carried out by public authorities in the performance of their tasks .


### the processing of personal data , revealing race or ethnic origin , political opinions , religion or beliefs , trade - union membership , and the processing of genetic data or data concerning health or sex life or criminal convictions or related security measures shall be prohibited . ### the processing of personal data , revealing race or ethnic origin , political opinions , religion or beliefs , trade - union membership and activities , and the processing of genetic data or data concerning health or sex life or criminal convictions or related security measures shall be prohibited . in particular , this would include safeguards to prohibit the blacklisting of workers , for example in relation to their trade union activities or health and safety representative roles .


### where the personal data are not collected from the data subject , the controller shall inform the data subject , in addition to the information referred to in paragraph 1 , from which source the personal data originate . ### where the personal data are not collected from the data subject , the controller shall inform the data subject , in addition to the information referred to in paragraph 1 , from which source the personal data originate . this would include data sourced from a third party illegally and passed on to the controller .


### an enterprise or an organisation employing fewer than 250 persons that is processing personal data only as an activity ancillary to its main activities . ### an enterprise or an organisation that is processing the personal data of fewer than 20 persons .


### the controller and the processor shall designate a data protection officer in any case where : ### the controller and the processor , after obtaining the consent of the workplace representation , shall designate a data protection officer in any case where :


### the processing is carried out by an enterprise employing 250 persons or more ; or ### the processing is carried out by an enterprise processing the personal data of more than 20 persons ; or


### within the limits of this regulation , member states may adopt by law specific rules regulating the processing of employees ' personal data in the employment context , in particular for the purposes of the recruitment , the performance of the contract of employment , including discharge of obligations laid down by law or by collective agreements , management , planning and organisation of work , health and safety at work , and for the purposes of the exercise and enjoyment , on an individual or collective basis , of rights and benefits related to employment , and for the purpose of the termination of the employment relationship . ### member states shall adopt by law and practice specific rules regulating the processing of employees ' personal data in the employment context , in particular but not limited to the purposes of the recruitment or the performance of the contract of employment . this will include measures to outlaw the blacklisting of workers , the discharge of obligations laid down by law or by collective agreements , management , planning and organisation of work , health and safety at work , and for the purposes of the exercise and enjoyment , on an individual or collective basis , of rights and benefits related to employment , and for the purpose of the termination of the employment relationship .


### some flexibility on regional allocation under the climate change mandate should be provided to allow for the fastest and most effective possible uptake of available financing within the 3 - year period 2011 - 2013 . in the event that the total amount of financing operations under consideration would exceed the available eur 2 billion , the commission and the eib should strive to ensure a balanced distribution across the regions covered , based on the established priorities for external aid under the general mandate . ### some flexibility on regional allocation under the climate change mandate should be provided to allow for the fastest and most effective possible uptake of available financing within the 3 - year period 2011 - 2013 , while ensuring a balanced distribution across regions over that period . in the event that the total amount of financing operations under consideration would exceed the available eur 2 billion , the commission and the eib should strive to ensure a balanced distribution across the regions covered , based on the established priorities for external aid under the general mandate .


### in order to enhance the coherence of the mandate , strengthen the focus of the eib external financing activity on supporting eu policies , and for the maximum benefit of beneficiaries , this decision should set out horizontal high - level objectives in the mandate for eib financing operations across all eligible countries , building on the comparative strengths of the eib in areas where it has a well - proven track record . in all regions covered by this decision , the eib should thus finance projects in the areas of climate change mitigation and adaptation , social and economic infrastructure ) , and local private sector development , in particular in support of small and medium - sized enterprises . within these areas , regional integration among partner countries , including economic integration between pre - accession countries , neighbouring countries and the eu , should be an underlying objective for eib financing operations . ### in order to enhance the coherence of the mandate , strengthen the focus of the eib external financing activity on supporting eu policies , and for the maximum benefit of beneficiaries , this decision should set out horizontal high - level objectives in the mandate for eib financing operations across all eligible countries , building on the comparative strengths of the eib in areas where it has a well - proven track record . in all regions covered by this decision , the eib should thus finance projects in the areas of climate change mitigation and adaptation , social and economic infrastructure ) , and local private sector development , in particular in support of small and medium - sized enterprises . it should be recalled that improving access for smes to capital can play an essential role in stimulating economic development and the fight against unemployment . within these areas , regional integration among partner countries , including economic integration between pre - accession countries , neighbouring countries and the eu , should be an underlying objective for eib financing operations . the eib can support eu presence in partner countries through foreign direct investment that contributes to promoting technology and knowledge transfer , either for investments within the aforementioned areas , or at its own risk .


### eib activity in neighbourhood countries should take place in the framework of the european neighbourhood policy , under which the eu aims to develop a special relationship with neighbouring countries with a view to establishing an area of prosperity and good neighbourliness , founded on the values of the eu and characterised by close and peaceful relations based on co - operation . to achieve these objectives the eu and its partners implement jointly agreed bilateral action plans defining a set of priorities including on political and security issues , trade and economic matters , environmental concerns and integration of transport and energy networks . the union for the mediterranean , the eastern partnership , and the black sea synergy are multilateral and regional initiatives complementary to the european neighbourhood policy aimed at fostering co - operation between the eu and the respective group of neighbouring partner countries facing common challenges and / or sharing a common geographical environment . the union for the mediterranean supports improved socio - economic , solidarity , regional integration , sustainable development and knowledge building , underlining the need to increase financial co - operation to support regional and trans - national projects . the eastern partnership aims to create the necessary conditions to accelerate political association and further economic integration between the eu and eastern partner countries . the russian federation and the eu have a wide - ranging strategic partnership , distinct from the european neighbourhood policy and expressed through the common spaces and roadmaps . this is complemented at multilateral level by the northern dimension which provides a framework for co - operation between the eu , russia , norway and iceland . ### eib activity in neighbourhood countries should take place in the framework of the european neighbourhood policy , under which the eu aims to develop a special relationship with neighbouring countries with a view to establishing an area of prosperity and good neighbourliness , founded on the values of the eu and characterised by close and peaceful relations based on co - operation . to achieve these objectives the eu and its partners implement jointly agreed bilateral action plans defining a set of priorities including on political and security issues , trade and economic matters , environmental concerns and integration of transport and energy networks . the union for the mediterranean , the eastern partnership , and the black sea synergy are multilateral and regional initiatives complementary to the european neighbourhood policy aimed at fostering co - operation between the eu and the respective group of neighbouring partner countries facing common challenges and / or sharing a common geographical environment . the union for the mediterranean supports improved socio - economic , solidarity , regional integration , sustainable development and knowledge building . the eastern partnership aims to create the necessary conditions to accelerate political association and further economic integration between the eu and eastern partner countries . the russian federation and the eu have a wide - ranging strategic partnership , distinct from the european neighbourhood policy and expressed through the common spaces and roadmaps . this is complemented at multilateral level by the northern dimension which provides a framework for co - operation between the eu , russia , norway and iceland .


### in its financing operations outside the eu that fall within the scope of this decision , the eib should endeavour to further enhance coordination and cooperation with ifis and ebfis where relevant , including , where appropriate , cooperation on sector conditionality and mutual reliance on procedures , use of joint co - financing and participation in global initiatives , such as those promoting aid coordination and effectiveness . the above efforts are to be based on reciprocity between eib and other institutions and require an equivalent effort by the eib and other financial institutions to be implemented effectively . in particular , the modalities for the implementation of eib financing in the eastern neighbourhood and partnership countries , central asia and turkey are set out in tripartite memoranda of understanding between the commission , the eib and the european bank for reconstruction and development . ### in its financing operations outside the eu that fall within the scope of this decision , the eib should endeavour to further enhance coordination and cooperation with ifis and ebfis where relevant , including , where appropriate , cooperation on sector conditionality and mutual reliance on procedures , use of joint co - financing and participation in global initiatives , such as those promoting aid coordination and effectiveness . the above efforts are to be based on reciprocity between eib and other institutions and require an equivalent effort by the eib and other financial institutions to be implemented effectively . in particular , the modalities for the implementation of eib financing in the eastern neighbourhood and partnership countries , central asia and turkey are set out in tripartite memoranda of understanding between the commission , the eib and the european bank for reconstruction and development . eib financing implemented through co - operation agreements with other ifis and bilateral financial institutions needs to respect the principles set out in this decision .


### the reporting and transmission of information by the eib to the commission should be strengthened in order to allow the commission to enhance its annual report to the european parliament and the council on the eib financing operations carried out under this decision . the report should in particular assess the compliance of eib financing operations with this decision , taking into account the operational guidelines , and include sections on added value in line with eu policies and sections on cooperation with the commission , other ifis and bilateral donors , including co - financing . where necessary , the report should include references to significant changes in circumstances that would justify further amendments to the mandate before the end of the period . ### the reporting and transmission of information by the eib to the commission should be strengthened in order to allow the commission to enhance its annual report to the european parliament and the council on the eib financing operations carried out under this decision . the report should in particular assess the compliance of eib financing operations with this decision , taking into account the operational guidelines , and include sections on added value in line with eu policies and sections on cooperation with the commission , other ifis and bilateral donors , including co - financing . the report should also assess the extent to which the eib has taken into account economic , financial , environmental and social sustainability in the design and monitoring of the projects financed . it should also contain a specific section devoted to a detailed evaluation of the measures taken by the eib to comply with the provisions of this decision , excluding from the scope of the guarantee all operations which would allow , or contribute directly or indirectly to , any form of tax evasion , and paying particular attention to eib operations using certain financial vehicles . where necessary , the report should include references to significant changes in circumstances that would justify further amendments to the mandate before the end of the period .


### eib financing operations should continue to be managed in accordance with the eib ' s own rules and procedures , including appropriate control measures and measures taken to avoid tax evasion , as well as with the relevant rules and procedures concerning the court of auditors and the european anti - fraud office , ### eib financing operations should continue to be managed in accordance with the eib ' s own rules and procedures , including appropriate control measures and measures taken to avoid tax evasion , as well as with the relevant rules and procedures concerning the court of auditors and the european anti - fraud office . the eib should not undertake any financing operations through jurisdictions classified as ' tax havens ' according to oecd standards ,


### eib financing operations should continue to be managed in accordance with the eib’s own rules and procedures , including appropriate control measures and measures taken to avoid tax evasion , as well as with the relevant rules and procedures concerning the court of auditors and the european anti - fraud office , ### eib financing operations should continue to be managed in accordance with the eib’s own rules and procedures , including appropriate control measures and measures taken to avoid tax evasion , as well as with the relevant rules and procedures concerning the court of auditors and the european anti - fraud office . the eib should not undertake any financing operations in jurisdictions classified as ' tax havens ' according to oecd standards ,


### eligible for eu guarantee shall be eib loans and loan guarantees for investment projects carried out in countries covered by this decision , granted in accordance with the eib’s own rules and procedures in support of the relevant external policy objectives of the eu , where the eib financing has been granted according to a signed agreement which has neither expired nor been cancelled . ### eligible for eu guarantee shall be eib loans and loan guarantees for investment projects carried out in countries covered by this decision , granted in accordance with the eib’s own rules and procedures in support of the relevant external policy objectives of the eu , where the eib financing has been granted according to a signed agreement which has neither expired nor been cancelled , and on condition that they do not directly or indirectly use any financial vehicle as defined in annex iia which would allow , or contribute to , any form of tax evasion .


### the commission shall report annually to the european parliament and the council on eib financing operations carried out under this decision . the report shall include an assessment of eib financing operations at project , sector , country and regional level as well as the contribution of the eib financing operations to the fulfilment of the external policy and strategic objectives of the eu . the report shall in particular assess the compliance of eib financing operations with this decision , taking into account the operational guidelines referred to in article 5 , and shall include sections on added value for the achievement of eu policy objectives as well as on cooperation with the commission and other international financial institutions and bilateral institutions , including co - financing . ### the commission shall report annually to the european parliament and the council on eib financing operations carried out under this decision . the report shall include an assessment of eib financing operations at project , sector , country and regional level as well as the contribution of the eib financing operations to the fulfilment of the external policy and strategic objectives of the eu . the report shall in particular assess the compliance of eib financing operations with this decision , taking into account the operational guidelines referred to in article&#160 ; 5 , and shall include sections on added value for the achievement of eu policy objectives and the extent to which to which the eib has taken into account environmental and social sustainability in the design and monitoring of the projects financed , as well as on cooperation with the commission and other international financial institutions and bilateral institutions , including co - financing . the report shall also contain an assessment of the eib ' s human and material resources policy relating to its activities outside the eu . finally , it shall contain a specific section devoted to a detailed evaluation of the measures taken by the eib to comply with the provisions of article&#160 ; 1 of this decision , excluding from the scope of the guarantee all operations which would allow , or contribute directly or indirectly to , any form of tax evasion , and paying particular attention to eib operations using financial vehicles as defined in annex&#160 ; iia .


### croatia , turkey , the former yugoslav republic of macedonia . ### croatia , turkey , the former yugoslav republic of macedonia , iceland .


### albania , bosnia and herzegovina , montenegro , serbia , kosovo under united nations security council resolution 1244 , iceland . ### albania , bosnia and herzegovina , montenegro , serbia , kosovo under united nations security council resolution 1244 .


### while this directive does not aim to harmonise national laws on the selection procedures and qualification criteria for board positions in detail , the introduction of certain minimum standards as regards the requirement for listed companies without balanced gender representation to take appointment decisions for non - executive directors on the basis of an objective comparative assessment of the qualifications of candidates in terms of suitability , competence and professional performance is necessary in order to attain gender balance among non - executives directors . only an eu - level measure can effectively help to ensure a competitive level - playing field throughout the union and avoid practical complications in business life . ### while this directive does not aim to harmonise national laws on the recruitment , selection and appointment procedures and qualification criteria for board positions in detail , the introduction of certain minimum standards as regards the requirement for listed companies and public undertakings without balanced gender representation to adjust their recruitment , selection and appointment procedures , amongst others by taking appointment decisions for directors on the basis of an objective comparative assessment of the qualifications of candidates in terms of suitability , competence and professional performance is necessary in order to attain gender balance among directors . only an eu - level measure can effectively help to ensure a competitive level - playing field throughout the union and avoid practical complications in business life .


### the union should therefore aim to increase the presence of women on company boards , in order both to boost economic growth and the competitiveness of european companies and to achieve effective gender equality on the labour market . this aim should be pursued through minimum requirements on positive action in the form of binding measures aiming at attaining a quantitative objective for the gender composition of boards of listed companies , in the view of the fact that member states and other countries which have chosen this or a similar method have achieved the best results in reducing the under - representation of women in economic decision - making positions . ### the union should therefore aim to increase the presence of women on company boards , in order both to boost economic growth and the competitiveness of european companies and to achieve effective gender equality on the labour market . this aim should be pursued through minimum requirements on positive action in the form of binding measures aiming at attaining a quantitative objective for the gender composition of boards of listed companies and public undertakings , in the view of the fact that member states and other countries which have chosen this or a similar method have achieved the best results in reducing the under - representation of women in economic decision - making positions .


### listed companies in the union should be imposed obligations of means providing for appropriate procedures with a view of meeting specific objectives regarding the gender composition of their boards . those listed companies in whose boards members of the under - represented sex hold less than 40 per cent of non - executive director positions should make the appointments to those positions on the basis of a comparative analysis of the qualifications of each candidate , by applying pre - established , clear , neutrally formulated and unambiguous criteria , in order to attain the said percentage at the latest by 1 january 2020 . therefore , the directive establishes the objective of at least 40 per cent of non - executive directors of the under - represented sex by that date . this objective in principle only concerns the overall gender diversity among the non - executive directors and does not interfere with the concrete choice of individual directors from a wide pool of male and female candidates in each individual case . in particular , it does not exclude any particular candidates for director positions , nor does it impose any individual directors on companies or shareholders . the decision on the appropriate board members thus remains with the companies and shareholders . ### listed companies in the union should be imposed obligations of means providing for appropriate procedures with a view of meeting specific objectives regarding the gender composition of their boards . those listed companies and public undertakings in whose boards members of the under - represented sex hold less than 40 per cent of director positions should adjust their recruitment , selection and appointment procedures to those positions on the basis of a comparative analysis of the qualifications of each candidate , by applying pre - established , clear , neutrally formulated and unambiguous criteria , in order to attain the said percentage at the latest by 1 january 2020 . therefore , the directive establishes the objective of at least 40 per cent of directors of the under - represented sex by that date . this objective in principle only concerns the overall gender diversity among the directors and does not interfere with the concrete choice of individual directors from a wide pool of male and female candidates in each individual case . in particular , it does not exclude any particular candidates for director positions , nor does it impose any individual directors on companies or shareholders . the decision on the appropriate board members thus remains with the companies and shareholders .


### member states exercise a dominant influence over listed companies which are public undertakings within the meaning of article 2 of commission directive 2006 / 111 / ec of 16 november 2006 on the transparency of financial relations between member states and public undertakings , as well as on financial transparency within certain undertakings . due to that dominant influence , they have the instruments at their disposal to bring about the necessary change more rapidly . therefore , in such companies the objective of least 40 per cent of non - executive directors of the under - represented sex should be set at an earlier date . ### member states exercise a dominant influence over public undertakings within the meaning of article 2 of commission directive 2006 / 111 / ec of 16 november 2006 on the transparency of financial relations between member states and public undertakings , as well as on financial transparency within certain undertakings . due to that dominant influence , they have the instruments at their disposal to bring about the necessary change more rapidly . therefore , in such companies the objective of least 40 per cent of directors of the under - represented sex should be set at an earlier date .


### determining the number of non - executive director positions necessary to meet the objective requires further specification since for most board sizes it is mathematically possible only to go beyond or remain below the exact share of 40 per cent . therefore , the number of board positions necessary to meet the objective should be the number closest to 40 per cent . at the same time , in order to avoid discrimination of the initially over - represented sex , listed companies should not be obliged to appoint members of the under - represented sex to half or more of the non - executive board positions . thus , for example , members of the under - represented sex should hold at least one position on boards with three or four non - executive directors , at least two positions on boards with five or six non - executive directors , and at least three positions on boards with seven or eight non - executive directors . ### determining the number of director positions necessary to meet the objective requires further specification since for most board sizes it is mathematically possible only to go beyond or remain below the exact share of 40 per cent . therefore , the number of board positions necessary to meet the objective should be the number closest to 40 per cent . at the same time , in order to avoid discrimination of the initially over - represented sex , listed companies and public undertakings should not be obliged to appoint members of the under - represented sex to more than half of the board positions . thus , for example , members of the under - represented sex should hold at least one position on boards with three directors , at least two positions on boards with four , five or six directors , and at least three positions on boards with seven or eight directors .


### this directive aims to improve the gender balance among directors of companies listed on stock exchanges and thus to contribute to the realisation of the principle of equal treatment between men and women , recognised as a fundamental right of the union . listed companies should therefore be required to disclose , upon the request of an unsuccessful candidate , not only the qualification criteria upon which the selection was based , but also the objective comparative assessment of those criteria and , where relevant , the considerations tilting the balance in favour of a candidate who is not of the under - represented sex . these limitations to the right to respect for private life with regard to the processing of personal data , recognised by the articles 7 and 8 of the charter , and the obligation for listed companies to supply that information , upon request , to the unsuccessful candidate , are necessary and , in conformity with the principle of proportionality , genuinely meet recognised objectives of general interest . they are therefore in line with the requirements for such limitations laid down in article 52 of the charter and with the relevant case - law of the court of justice . ### this directive aims to improve the gender balance among directors of companies listed on stock exchanges and public undertakings and thus to contribute to the realisation of the principle of equal treatment between men and women , recognised as a fundamental right of the union . listed companies and public undertakings should therefore be required to disclose , upon the request of an unsuccessful candidate , not only the qualification criteria upon which the recruitment , selection or appointment was based , but also the objective comparative assessment of those criteria and , where relevant , the considerations tilting the balance in favour of a candidate who is not of the under - represented sex . these limitations to the right to respect for private life with regard to the processing of personal data , recognised by the articles 7 and 8 of the charter , and the obligation for listed companies and public undertakings to supply that information , upon request , to the unsuccessful candidate , are necessary and , in conformity with the principle of proportionality , genuinely meet recognised objectives of general interest . they are therefore in line with the requirements for such limitations laid down in article 52 of the charter and with the relevant case - law of the court of justice .


### where an unsuccessful candidate of the under - represented sex establishes the presumption they were equally qualified as the appointed candidate of the other sex , the listed company should be required to demonstrate the correctness of the choice . ### where an unsuccessful candidate of the under - represented sex establishes the presumption they were equally qualified as the appointed candidate of the other sex , the company or undertaking in question should be required to demonstrate the correctness of the choice .


### member states should provide for effective , proportionate and dissuasive sanctions for breaches of this directive , which could include , inter alia , administrative fines and nullity or annulment declared by a judicial body of the appointment or of the election of non - executive directors made contrary to the national provisions adopted pursuant to article 4 . ### member states should provide for effective , proportionate and dissuasive sanctions for breaches of this directive , which could include , inter alia , administrative fines and nullity or annulment declared by a judicial body of the appointment or of the election of non - executive directors made contrary to the national provisions adopted pursuant to article 4 as well as forced dissolution , ordered by a competent judicial body in full respect of proper procedural safeguards , in cases of serious and repeated infringements .


### member states should provide for effective , proportionate and dissuasive sanctions for breaches of this directive , which could include , inter alia , administrative fines and nullity or annulment declared by a judicial body of the appointment or of the election of non - executive directors made contrary to the national provisions adopted pursuant to article 4 . ### member states should provide for effective , proportionate and dissuasive sanctions for breaches of this directive , which could include , inter alia , administrative fines and nullity or annulment declared by a judicial body of the appointment or of the election of directors made contrary to the national provisions adopted pursuant to article 4 .


### in addition to the measures relating to non - executive directors , and with a view also to improving the gender balance among directors involved in daily management tasks , listed companies should be required to make individual commitments regarding the representation of both sexes among executive directors , to be achieved at the latest by 1 january 2020 . these commitments should aim to achieve tangible progress from the individual company ' s current position towards better gender balance . ### in addition to the incentives relating to executive directors , and with a view to further improving the gender balance among directors involved in daily management tasks , listed companies should be required to make individual commitments regarding the representation of both sexes among executive directors , to be achieved at the latest by 1 january 2020 , and by 1 january 2018 in case of public undertakings . these commitments should aim to achieve tangible progress from the individual company ' s current position towards better gender balance .


### member states should require listed companies to provide information on the gender composition of their boards as well as information on how they managed to meet the objectives laid down in this directive , on a yearly basis to the competent national authorities in order to enable them to assess the progress of each listed company towards gender balance among directors . such information should be published and , where the company in question has not met the objective , it should include a description of the measures that it has taken so far and intends to take in the future in order to meet the objective . ### member states should require listed companies to provide information on the gender composition of their boards as well as information on how they managed to meet the objectives laid down in this directive , on a yearly basis to the competent national authorities in order to enable them to assess the progress of each listed company towards gender balance among directors . such information should be published in an appropriate and easily accessible manner in the annual report and on the website and , where the company in question has not met the objective , it should include a comprehensive description of the measures that it has taken so far and intends to take in the future in order to meet the objective .


### member states should require listed companies to provide information on the gender composition of their boards as well as information on how they managed to meet the objectives laid down in this directive , on a yearly basis to the competent national authorities in order to enable them to assess the progress of each listed company towards gender balance among directors . such information should be published and , where the company in question has not met the objective , it should include a description of the measures that it has taken so far and intends to take in the future in order to meet the objective . ### member states should require listed companies and public undertakings to provide information on the gender composition of their boards as well as information on how they managed to meet the objectives laid down in this directive , on a yearly basis to the competent national authorities in order to enable them to assess the progress of each listed company and public undertaking towards gender balance among directors . such information should be published and , where the company in question has not met the objective , it should include a description of the measures that it has taken so far and intends to take in the future in order to meet the objective .


### member states may have already taken measures providing for means to ensure a more balanced representation of women and men in company boards before the entry into force of this directive . such member states should have an opportunity to apply those measures in place of the procedural requirements relating to appointments where they can demonstrate that the measures taken are of equivalent efficacy in order to attain the objective of a presence of the under - represented sex of at least 40 per cent among non - executive directors of listed companies at the latest by 1 january 2020 or at the latest by 1 january 2018 in case of listed companies which are public undertakings . ### member states may have already taken measures providing for means to ensure a more balanced representation of women and men in company boards before the entry into force of this directive . such member states should have an opportunity to apply those measures in place of the procedural requirements relating to appointments where they can demonstrate that the measures taken are of equivalent efficacy in order to attain the objective of a presence of the under - represented sex of at least 40 per cent among directors of listed companies at the latest by 1 january 2020 or at the latest by 1 january 2018 in case of public undertakings .


### while some member states have taken regulatory action or encouraged self - regulation with mixed results , the majority of member states have not taken action or indicated their willingness to act in a way that would bring about sufficient improvement . projections based on a comprehensive analysis of all available information on past and current trends as well as intentions show that a balanced gender representation among non - executive board members across the union in line with the objectives set out in this directive will not be achieved by member states acting individually at any point in the foreseeable future . in the light of those circumstances and given the growing discrepancies between member states in terms of the representation of women and men on company boards , the gender balance on corporate boards across the union can only be improved through a common approach , and the potential for gender equality , competitiveness and growth can be better achieved through coordinated action at union level rather than through national initiatives of varying scope , ambition and effectiveness . since the objectives of this directive cannot be sufficiently achieved by the member states and can , therefore , by reason of the scale and effect of action , be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . ### while some member states have taken regulatory action or encouraged self - regulation with mixed results , the majority of member states have not taken action or indicated their willingness to act in a way that would bring about sufficient improvement . projections based on a comprehensive analysis of all available information on past and current trends as well as intentions show that a balanced gender representation among board members across the union in line with the objectives set out in this directive will not be achieved by member states acting individually at any point in the foreseeable future . in the light of those circumstances and given the growing discrepancies between member states in terms of the representation of women and men on company boards , the gender balance on corporate boards across the union can only be improved through a common approach , and the potential for gender equality , competitiveness and growth can be better achieved through coordinated action at union level rather than through national initiatives of varying scope , ambition and effectiveness . since the objectives of this directive cannot be sufficiently achieved by the member states and can , therefore , by reason of the scale and effect of action , be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union .


### in accordance with the principle of proportionality , as set out in that same article , this directive is limited to setting common objectives and principles and does not go beyond what is necessary in order to achieve those objectives . member states are given sufficient freedom to determine how the objectives laid down in this directive should best be achieved taking national circumstances into account , in particular rules and practices concerning recruitment for board positions . this directive does not interfere with the possibility for companies to appoint the most qualified board members , and it grants a sufficiently long period of adaptation for all listed companies . ### in accordance with the principle of proportionality , as set out in that same article , this directive is limited to setting common objectives and principles and does not go beyond what is necessary in order to achieve those objectives . member states are given sufficient freedom to determine how the objectives laid down in this directive should best be achieved taking national circumstances into account , in particular rules and practices concerning recruitment for board positions . this directive does not interfere with the possibility for companies to appoint the most qualified board members , and it grants a sufficiently long period of adaptation for all listed companies and public undertakings .


### this directive lays down measures to ensure a more balanced representation of men and women among the non - executive directors of listed companies by establishing measures aimed at accelerated progress towards gender balance while allowing companies sufficient time to make the necessary arrangements . ### this directive lays down measures to ensure a more balanced representation of men and women among the directors / board members of listed companies by establishing measures aimed at accelerated progress towards gender balance while allowing companies sufficient time to make the necessary arrangements


### this directive shall not apply to small and medium - sized enterprises . ### this directive shall apply to small and medium - sized enterprises .


### member states shall ensure that listed companies in whose boards members of the under - represented sex hold less than 40 per cent of the non - executive director positions make the appointments to those positions on the basis of a comparative analysis of the qualifications of each candidate , by applying pre - established , clear , neutrally formulated and unambiguous criteria , in order to attain the said percentage at the latest by 1 january 2020 or at the latest by 1 january 2018 in case of listed companies which are public undertakings . ### member states shall ensure that listed companies in whose boards members of the under - represented sex hold less than 40 per cent of the director positions adjust their recruitment , selection and appointment procedures and make their decisions on the basis of a comparative analysis of the qualifications of each candidate , by applying pre - established , clear , neutrally formulated and unambiguous criteria , in order to attain the said percentage at the latest by 1 january 2020 or at the latest by 1 january 2018 in case of public undertakings . member states may provide that the objective , laid down in paragraph 1 , is met where listed companies and public undertakings can show that members of the under - represented sex hold at least one third of all director positions , provided that both types of directors - executive and non - executive - are represented in this quota .


### the number of non - executive director positions necessary to meet the objective laid down in paragraph 1 shall be the number closest to the proportion of 40 per cent , but not exceeding 49 per cent . ### the number of non - executive director positions necessary to meet the objective laid down in paragraph 1 shall be at least 40 per cent .


### member states shall ensure that listed companies are obliged to disclose , on the request of an unsuccessful candidate , the qualification criteria upon which the selection was based , the objective comparative assessment of those criteria and , where relevant , the considerations tilting the balance in favour of a candidate of the other sex . ### member states shall ensure that listed companies and public undertakings are obliged to disclose , on the request of an unsuccessful candidate , the qualification criteria upon which the recruitment , selection or appointment was based , the objective comparative assessment of those criteria and , where relevant , the considerations tilting the balance in favour of a candidate of the other sex .


### member states shall ensure that listed companies undertake individual commitments regarding gender - balanced representation of both sexes among executive directors to be achieved at the latest by 1 january 2020 , or , in case of listed companies which are public undertakings , by 1 january 2018 . ### member states shall ensure that listed companies undertake individual commitments regarding gender - balanced representation of both sexes among executive directors to be achieved at the latest by 1 january 2020 , or , in case of public undertakings , by 1 january 2018 .


### member states shall require listed companies to provide information to the competent national authorities , once a year as from [ two years after adoption ] , about the gender representation on their boards , distinguishing between non - executive and executive directors and about the measures taken in view of the objectives laid down in article 4 and in paragraph 1 of this article , and to publish that information in an appropriate and accessible manner on their website . ### member states shall require listed companies to provide information to the competent national authorities , once a year as from [ two years after adoption ] , about the gender representation on their boards , distinguishing between non - executive and executive directors and about the measures taken in view of the objectives laid down in article 4 and in paragraph 1 of this article , and to publish that information in an appropriate and easily accessible manner in the annual report and on their website .


### member states shall require listed companies to provide information to the competent national authorities , once a year as from [ two years after adoption ] , about the gender representation on their boards , distinguishing between non - executive and executive directors and about the measures taken in view of the objectives laid down in article 4 and in paragraph 1 of this article , and to publish that information in an appropriate and accessible manner on their website . ### member states shall require listed companies and public undertakings to provide information to the competent national authorities , once a year as from [ two years after adoption ] , about the gender representation on their boards , distinguishing between non - executive and executive directors and about the measures taken in view of the objectives laid down in article 4 and in paragraph 1 of this article , and to publish that information in an appropriate and accessible manner on their website .


### where a listed company does not meet the objectives laid down in article 4 or its own individual commitments taken pursuant to paragraph 1 of this article , the information referred to in paragraph 2 of this article shall include the reasons for not reaching the objectives or commitments and a description of the measures which the company has adopted or intends to adopt in order to meet the objectives or commitments . ### where a listed company does not meet the objectives laid down in article 4 or its own individual commitments taken pursuant to paragraph 1 of this article , the information referred to in paragraph 2 of this article shall include the reasons for not reaching the objectives or commitments and a comprehensive description of the measures which the company has adopted or intends to adopt in order to meet the objectives or commitments .


### where a listed company does not meet the objectives laid down in article 4 or its own individual commitments taken pursuant to paragraph 1 of this article , the information referred to in paragraph 2 of this article shall include the reasons for not reaching the objectives or commitments and a description of the measures which the company has adopted or intends to adopt in order to meet the objectives or commitments . ### where a listed company or a public undertaking does not meet the objectives laid down in article 4 or its own individual commitments taken pursuant to paragraph 1 of this article , the information referred to in paragraph 2 of this article shall include the reasons for not reaching the objectives or commitments and a description of the measures which the company has adopted or intends to adopt in order to meet the objectives or commitments .


### the sanctions must be effective , proportionate and dissuasive and may include the following measures : ### the sanctions must be effective , proportionate , progressive and dissuasive and shall include the following measures :


### without prejudice to article 4 and , member states which before the entry into force of this directive have already taken measures to ensure a more balanced representation of women and men among the non - executive directors of listed companies may suspend the application of the procedural requirements relating to appointments contained in article 4 , , and , provided that it can be shown that those measures enable members of the under - represented sex to hold at least 40 per cent of the non - executive director positions of listed companies by at the latest 1 january 2020 , or at the latest 1 january 2018 for listed companies which are public undertakings . ### without prejudice to article 4 and , member states which before the entry into force of this directive have already taken measures to ensure a more balanced representation of women and men among the directors of listed companies and public undertakings may suspend the application of the procedural requirements relating to appointments contained in article 4 , , and , provided that it can be shown that those measures enable members of the under - represented sex to hold at least 40 per cent of the director positions of listed companies by at the latest 1 january 2020 , or at the latest 1 january 2018 for public undertakings .


### member states shall communicate to the commission by 1 january 2017 at the latest and every two years thereafter a report on the implementation of this directive . these reports shall include , amongst others , comprehensive information about the measures taken with a view to attaining the objectives laid down in article 4 , information provided in accordance with article 5 and information about individual commitments taken by listed companies pursuant to article 5 . ### member states shall communicate to the commission by 1 january 2017 at the latest and every two years thereafter a report on the implementation of this directive . these reports shall include , amongst others , comprehensive information about the measures taken with a view to attaining the objectives laid down in article 4 , information provided in accordance with article 5 and information about individual commitments taken by listed companies and public undertakings pursuant to article 5 .


### member states having suspended pursuant to article 8 the application of the procedural requirements relating to appointments contained in article 4 , , and shall include information in the reports mentioned in paragraph 1 demonstrating the concrete results obtained by the national measures referred to in article 8 . the commission shall then issue a specific report ascertaining whether those measures effectively enable members of the under - represented sex to hold at least 40 per cent of the non - executive director positions by 1 january 2018 for listed companies which are public undertakings , and by 1 january 2020 for listed companies which are not public undertakings . the first such report shall be issued by the commission by 1 july 2017 , and subsequent reports shall be issued within six months after notification of the respective national reports under paragraph 1 . ### member states having suspended pursuant to article 8 the application of the procedural requirements relating to appointments contained in article 4 , , and shall include information in the reports mentioned in paragraph 1 demonstrating the concrete results obtained by the national measures referred to in article 8 . the commission shall then issue a specific report ascertaining whether those measures effectively enable members of the under - represented sex to hold at least 40 per cent of the non - executive director positions by 1 january 2018 for public undertakings , and by 1 january 2020 for listed companies . the first such report shall be issued by the commission by 1 july 2017 , and subsequent reports shall be issued within six months after notification of the respective national reports under paragraph 1 .


### member states in question shall ensure that listed companies , which by applying the national measures referred to in article 8 have not appointed or elected members of the under - represented sex for at least 40 per cent of the non - executive director positions of their boards by 1 january 2018 , where they are public undertakings , or by 1 january 2020 , where they are not public undertakings , apply the procedural requirements relating to appointments contained in article 4 , , and with effect respectively from those dates . ### member states in question shall ensure that listed companies and public undertakings , which by applying the national measures referred to in article 8 have not appointed or elected members of the under - represented sex for at least 40 per cent of the director positions of their boards by 1 january 2018 , where they are public undertakings , or by 1 january 2020 , where they are not public undertakings , apply the procedural requirements relating to recruitment , selection and appointments contained in article 4 , , and with effect respectively from those dates .


### the commission shall review the application of this directive and report to the european parliament and the council by 31 december 2021 at the latest and every two years thereafter . the commission shall evaluate in particular whether the objectives of this directive have been achieved . ### the commission shall review the application of this directive and report to the european parliament and the council by 1 july 2018 at the latest and every two years thereafter . the commission shall evaluate in particular whether the objectives of this directive have been achieved .


### the commission shall review the application of this directive and report to the european parliament and the council by 31 december 2021 at the latest and every two years thereafter . the commission shall evaluate in particular whether the objectives of this directive have been achieved . ### the commission shall review the application of this directive and report to the european parliament and the council by 31 december 2021 at the latest and every two years thereafter . the commission , after consulting the european parliament , the council and the european social partners , shall evaluate in particular whether the objectives of this directive have been achieved .


### draft legislative resolution ### - 1a . stresses that point 47 of the interinstitutional agreement of 17 may 2006 between the european parliament , the council and the commission on budgetary discipline and sound financial management1 should apply for the extension of the mandate for the european banking authority ; emphasises that any decision of the legislative authority in favour of such an extension shall be without prejudice to the decisions of the budgetary authority in the context of the annual budgetary procedure ; ________________ 1 oj c 139 , 14 . 6 . 2006 , p . 1 .


### draft legislative resolution ### - 1b . requests the commission to present a financial statement which fully takes into account the result of the legislative agreement between the european parliament and the council to meet the budgetary and staff requirements of the european banking authority and the commission services ;


### environmental and climate requirements should be integrated into union ' s policies and activities . the life programme should therefore be complementary to other union funding programmes , including the european regional development fund , the european social fund , the cohesion fund , the european agriculture guarantee fund , the european agricultural fund for rural development , the european maritime and fisheries fund , and horizon 2020 . the commission and member states should ensure such complementarity at all levels . at union level , complementarity should be ensured by establishing a structured cooperation between the life programme and the shared - management union funding programmes in the common strategic framework , in particular to promote funding of activities that complement integrated projects or support the use of solutions , methods and approaches developed under the life programme . the life programme should also encourage the uptake of environmental and climate - related research and innovation results of horizon 2020 . within this context it should offer co - funding opportunities for projects with clear environmental and climate benefits in order to ensure synergies . coordination is required to prevent double funding . ### environmental and climate requirements should be integrated into union ' s policies and activities . the life programme should therefore be complementary to other union funding programmes , including the european regional development fund , the european social fund , the cohesion fund , the european agriculture guarantee fund , the european agricultural fund for rural development , the european maritime and fisheries fund , and horizon 2020 . the commission and member states should ensure such complementarity at all levels . at union level , complementarity should be ensured by establishing a structured cooperation between the life programme and the shared - management union funding programmes in the common strategic framework , in particular to promote funding of activities that complement integrated projects or support the use of solutions , methods and approaches developed under the life programme . the life programme should also encourage the uptake of environmental and climate - related research and innovation results of horizon 2020 . within this context it should offer co - funding opportunities for projects with clear environmental and climate benefits in order to ensure synergies . coordination is required to prevent double funding and also to ensure that the net financial investment in attainment of the objectives formulated in this regulation does not decline .


### environmental and climate requirements should be integrated into union ' s policies and activities . the life programme should therefore be complementary to other union funding programmes , including the european regional development fund , the european social fund , the cohesion fund , the european agriculture guarantee fund , the european agricultural fund for rural development , the european maritime and fisheries fund , and horizon 2020 . the commission and member states should ensure such complementarity at all levels . at union level , complementarity should be ensured by establishing a structured cooperation between the life programme and the shared - management union funding programmes in the common strategic framework , in particular to promote funding of activities that complement integrated projects or support the use of solutions , methods and approaches developed under the life programme . the life programme should also encourage the uptake of environmental and climate - related research and innovation results of horizon 2020 . within this context it should offer co - funding opportunities for projects with clear environmental and climate benefits in order to ensure synergies . coordination is required to prevent double funding . ### environmental and climate requirements should be integrated into union ' s policies and activities . the life programme should therefore be complementary to other union funding programmes , including the european regional development fund , the european social fund , the cohesion fund , the european agriculture guarantee fund , the european agricultural fund for rural development , the european maritime and fisheries fund , and horizon 2020 . the commission and member states should ensure such complementarity at all levels . at union level , complementarity should be ensured by establishing a structured cooperation between the life programme and the shared - management union funding programmes in the common strategic framework , in particular to promote funding of activities that complement integrated projects or support the use of solutions , methods and approaches developed under the life programme . to ensure legal clarity and the practical feasibility of integrated projects , cooperation between other union funds and integrated projects should be explicitly provided for in regulation no . . . / . . . . of the european parliament and of the council of . . / . . / . . . . [ laying down common provisions on the european regional development fund , the european social fund , the cohesion fund , the european agricultural fund for rural development and the european maritime and fisheries fund covered by the common strategic framework and laying down general provisions on the european regional development fund , the european social fund and the cohesion fund and repealing regulation no 1083 / 2006 ] 1 . concrete arrangements should be put in place to establish cooperation at an early stage , so that the advantages of integrated projects are taken into account during the drawing - up of partnership contracts and operational programmes . the life programme should also encourage the uptake of environmental and climate - related research and innovation results of horizon 2020 . within this context it should offer co - funding opportunities for projects with clear environmental and climate benefits in order to ensure synergies . coordination is required to prevent double funding . ____________ 1 com0615


### integrated projects referred to in article 18 point shall involve , where appropriate , stakeholders and promote , when possible , the coordination with and mobilisation of other union funding sources . ### integrated projects referred to in article 18 point shall involve stakeholders and promote , when possible , the coordination with and mobilisation of other union funding sources .


### the commission shall regularly monitor and report on the implementation of the life programme and its sub - programmes , including the amount of climate - related expenditure and biodiversity - related expenditure . it shall also examine synergies between the life programme and other complementary union programmes , and in particular between its sub - programmes . ### the commission shall monitor and report annually to the european parliament on the implementation of the life programme and its sub - programmes , including the amount of climate - related expenditure and biodiversity - related expenditure . it shall also examine synergies between the life programme and other complementary union programmes , and in particular between its sub - programmes .


### the acquisition or rental , by whatever financial means , of land , existing buildings or other immovable property or concerning rights thereon ; however financial service concessions awarded at the same time as , before or after the contract of acquisition or rental , in whatever form , shall be subject to this directive ; ### the acquisition , rental or leasing by the contracting authority or entity , by whatever financial means , of land , existing buildings or other immovable property or concerning rights thereon ; however financial service concessions awarded at the same time as , before or after the contract of acquisition or rental , in whatever form , shall be subject to this directive ;


### activities relating to the exploitation of a geographical area for the purpose of the provision of airports and maritime or inland ports or other terminal facilities to carriers by air , sea or inland waterway . ### activities relating to the exploitation of a geographical area for the purpose of the provision of airports and maritime or inland ports or other general infrastructure to carriers by air , sea or inland waterway .


### the european union should adopt a comprehensive set of instruments covering a range of policies related to external action , which require specific common rules and procedures for their implementation . these are : the development cooperation instrument , the european instrument for democracy and human rights , the european neighbourhood instrument , the instrument for stability , the instrument for nuclear safety cooperation , the instrument for pre - accession assistance and the partnership instrument . ### the european union should adopt a comprehensive set of instruments covering a range of policies related to external action , which might benefit from specific common rules and procedures for their implementation . these are : the development cooperation instrument , the european instrument for democracy and human rights , the european neighbourhood instrument , the instrument for stability , the instrument for nuclear safety cooperation , the instrument for pre - accession assistance and the partnership instrument .


### these instruments generally provide that actions to be funded on their basis should be the object of a multiannual indicative programming , providing the framework within which financing decisions should be adopted in accordance with the financial regulation , and with the procedures provided for in 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 . ### these instruments generally provide that actions to be funded on their basis should be the object of a multiannual strategic programming , providing the framework within which financing decisions should be adopted in accordance with the financial regulation , and , both for the programming and the implementing decisions , with the adequate procedures provided for in articles 290 and 291 of the treaty on the functioning of the european union .


### the financing decisions should take the forms of annual or multiannual action programmes and individual measures when following the planning provided for by the multiannual indicative programming , of special measures where required by unforeseen and justified needs , and of support measures . ### the financing decisions should take the forms of annual or biennial action programmes and individual measures when following the planning provided for by the multiannual strategic programming , of special measures where required by unforeseen and justified needs , and of support measures .


### taking into account the policy programming or financial execution nature of those implementing acts , in particular their budgetary implications , the examination procedure should in general be used for their adoption , except for measures of a small financial scale . however , the commission should adopt immediately applicable implementing acts where , in duly justified cases relating to the need for a swift response from the union , imperative grounds of urgency so requires . ### taking into account the financial execution nature of those implementing acts , in particular their budgetary implications , the examination procedure should in general be used for their adoption , except for individual measures , special measures and support measures of a financial scale below eur 10 million .


### for the implementation of financial instruments , when the management of the operation is entrusted to a financial intermediary , the commission decision should cover in particular provisions concerning risk - sharing , the remuneration of the intermediary responsible for implementation , the use and re - use of the funds and the possible profits . ### for the implementation of financial instruments , when the management of the operation is entrusted to a financial intermediary , the commission decision should cover in particular provisions concerning risk - sharing , transparency , the remuneration of the intermediary responsible for implementation , the use and re - use of the funds and the possible profits .


### while financing needs of the union’s external assistance are increasing , the economic and budgetary situation of the union limits the resources available for such assistance . the commission must therefore seek the most efficient use of available resources , in particular by using financial instruments that have a leverage effect . such leverage effect is increased by allowing funds invested and generated by the financial instruments to be used and re - used . ### while financing needs of the union’s external assistance are increasing , the economic and budgetary situation of the union limits the resources available for such assistance . the commission must therefore seek the most efficient use of available resources , in particular by using financial instruments that have a leverage effect . such leverage effect is increased by allowing funds invested and generated by the financial instruments to be used and re - used . this leverage effect must be clearly demonstrated particularly in the case of instruments that are counted towards official development assistance or climate finance . in such cases the funds leveraged must clearly contribute to poverty eradication and be aligned to aid effectiveness principles , or , in the case of climate finance , conform to unfccc priority areas and commitments .


### this regulation establishes the rules and conditions for providing the union ' s financial assistance to actions , including action programmes and other measures , under the following instruments : the development cooperation instrument , the european instrument for democracy and human rights , the european neighbourhood instrument , the instrument for stability , the instrument for nuclear safety cooperation , the instrument for pre - accession assistance and the partnership instrument , hereinafter also referred to jointly as ' the instruments ' and singly as ' the applicable instrument ' . ### this regulation establishes the rules and conditions for providing the union ' s financial assistance to actions under the following instruments : the development cooperation instrument , the european instrument for democracy and human rights , the european neighbourhood instrument , the instrument for stability , the instrument for nuclear safety cooperation , the instrument for pre - accession assistance and the partnership instrument , hereinafter also referred to jointly as ' the instruments ' and singly as ' the applicable instrument ' .


### the commission shall ensure that actions are implemented in accordance with the objectives of the applicable instrument , and in conformity with an effective protection of the financial interests of the union . the financial assistance provided on the basis of the instruments shall be consistent with the rules and procedures laid down in the financial regulation , which provides the basic financial and legal framework for their implementation . ### the commission shall ensure that actions are implemented in accordance with the objectives of and the specific provisions and derogations contained in the applicable instrument , and in conformity with an effective protection of the financial interests of the union . the financial assistance provided on the basis of the instruments shall be consistent with the rules and procedures laid down in the financial regulation , which provides the basic financial and legal framework for their implementation .


### adoption of action programmes , individual measures and special measures ### adoption of strategic programming documents , implementation documents , individual measures and special measures


### the commission shall adopt annual or multi - annual action programmes , where required based on the indicative programming documents referred to in the applicable instrument . ### the commission shall adopt annual or biennial action programmes which shall be based on and in line with the strategic programming documents defined in art . 2 .


### exceptionally , in particular where an action programme has not yet been adopted , the commission may , on the basis of the indicative programming documents , adopt individual measures under the same rules and procedures as for action programmes . ### exceptionally , where an action programme has not yet been adopted , the commission may , on the basis of and in line with the strategic programming documents defined in art . 2 , adopt individual measures under the same rules and procedures as for action programmes .


### in the event of unforeseen and duly justified needs , circumstances or commitments , the commission may adopt special measures not provided for in the indicative programming documents . special measures may also be used to ease the transition from emergency aid to long - term development operations , including measures to better prepare people to deal with recurring crises . ### under special unforeseen and duly justified circumstances , the commission may adopt special measures not provided for in the strategic programming documents . special measures may also be used to ease the transition from emergency to long - term operations .