### waste prevention is the most efficient way to improve resource efficiency and to reduce the environmental impact of waste . it is important therefore that member states take appropriate measures to prevent waste generation and monitor and assess progress in the implementation of such measures . in order to ensure a uniform measurement of the overall progress in the implementation of waste prevention measures , common indicators should be established . ### waste prevention is the most efficient way to improve resource efficiency , to reduce the environmental impact of waste , and to promote durable , recyclable , reusable high - quality materials and to decrease the dependence on imports of increasingly rare raw materials . it is important therefore that member states take appropriate measures to prevent waste generation , including measures that reduce the presence of hazardous substances , promote recycling of materials with high quality , combat planned obsolescence , increase consumer empowerment through improved product information , encourage continuous communication and regular education campaigns on waste prevention and monitor and assess progress made in the implementation of such measures as well as prevention targets for the reduction of waste generation , with the aim of decoupling it from economic growth . in order to ensure a uniform measurement of the overall progress in the implementation of waste prevention measures , common indicators and calculation methods should be established .


### member states should take measures to promote prevention of food waste in line with the 2030 agenda for sustainable development , adopted by the united nations general assembly on 25 september 2015 , and in particular its target of halving food waste by 2030 . these measures should aim to prevent food waste in primary production , in processing and manufacturing , in retail and other distribution of food , in restaurants and food services as well as in households . having regard to the environmental and economic benefits of preventing food waste , member states should establish specific food waste prevention measures and should measure progress in food waste reduction . to facilitate exchange of good practice across the eu both between member states and between food business operators , uniform methodologies for such measurement should be established . reporting on food waste levels should take place on a biennial basis . ### member states should take measures to promote prevention of food waste in line with the 2030 agenda for sustainable development , adopted by the united nations general assembly on 25 september 2015 , and in particular its target of reducing food waste by at least 50 % by 2030 . these measures should aim to prevent food waste at retail and consumer levels and reduce food losses along the production and supply chains , including intentionally non - harvested agricultural production and post - harvest losses , and in other distribution of food , in public and private organisations that sell or offer meals , and in restaurants and food services as well as in households . having regard to the environmental and economic benefits of preventing food waste , member states should establish specific food waste prevention measures in their national waste prevention programmes in order to reach at least 30% of food waste reduction by 2025 and 50% by 2030 and should measure progress in food waste reduction . to facilitate exchange of good practice across the union both between member states and between food business operators , uniform methodologies for such measurement should be established . reporting on food waste levels should take place on a biennial basis . in order to prevent food waste , member states should set up a framework for enabling the food sector to further distribute and donate unsold products , while ensuring that such distribution has no negative impact on human health or food safety .


### member states should , for the purposes of calculating whether the preparation for re - use and recycling targets are achieved , be able to take into account products and components that are prepared for re - use by recognised re - use operators and by deposit - refund schemes and the recycling of metals that takes place in conjunction with incineration . in order to ensure a uniform calculation of this data , the commission will adopt detailed rules on the determination of recognised preparation for re - use operators and deposit - refund schemes , on the quality criteria for recycled metals and on the collection , verification and reporting of data . ### member states should , for the purposes of calculating whether the preparation for re - use and recycling targets are achieved , be able to take into account products and components , or , as appropriate , packaging , that are prepared for re - use by recognised re - use operators and by deposit - refund schemes and the recycling of metals that takes place in conjunction with energy recovery and incineration . in order to ensure a uniform calculation of this data , the commission will adopt detailed rules on the determination of recognised preparation for re - use operators and deposit - refund schemes , on the quality criteria for recycled metals and on the collection , verification and reporting of data .


### compliance with the obligation to set up separate collection systems for paper , metal , plastic and glass is essential in order to increase preparing for re - use and recycling rates in member states . in addition bio - waste should be collected separately to contribute to an increase in preparing for re - use and recycling rates and the prevention of contamination of dry recyclable materials . ### compliance with the obligation to set up separate collection systems for paper , metal , plastic , glass , wood and textiles is essential in order to increase preparing for re - use and recycling rates in member states . in addition bio - waste should be collected separately to contribute to an increase in preparing for re - use and recycling rates and the prevention of contamination of dry recyclable materials and to prevent incineration and landfilling . furthermore , a more efficient use of waste could create an important incentive for the bio - economy supply chain . separate collection of bio - waste from municipal and agricultural waste should therefore be made compulsory . the bio - economy plays a crucial role in guaranteeing the availability of raw materials across the union . the commission should consider setting a recycling target for bio - waste in order to attract infrastructure investments in recycling facilities for bio - waste and to boost the reprocessing of organic material .


### proper management of hazardous waste still presents a problem in the union , and data on its treatment are partly missing . it is therefore necessary to strengthen record keeping and traceability mechanisms through the establishment of electronic registries for hazardous waste in the member states . electronic data collection should be extended to other types of waste , where appropriate , in order to simplify record - keeping for businesses and administrations and improve the monitoring of waste flows in the union . ### proper management of hazardous waste still presents a problem in the union , and data on its treatment are partly missing . it is therefore necessary to strengthen record keeping and traceability mechanisms through the establishment of electronic registries for hazardous waste in the member states . electronic data collection should be extended to other types of waste , as widely as possible , in order to simplify record - keeping for businesses and administrations and improve the monitoring of waste flows in the union . that data should be collected in line with standards and specifications that support open data objectives and should be made available as open data .


### this directive sets long - term objectives for the union’s waste management and gives economic operators and member states a clear direction for the investments needed to attain the objectives of this directive . in developing their national waste management strategies and planning investments in waste management infrastructure , member states should make a sound use of the european structural and investment funds by promoting prevention , re - use and recycling , in line with the waste hierarchy . ### this directive sets long - term objectives for the union ' s waste management and gives economic operators and member states a clear direction for the investments needed to attain the objectives of this directive . in developing their national waste management strategies and planning investments in waste management infrastructure , member states should make a sound use of the european structural and investment funds by promoting first prevention , and re - use , and then recycling , in line with the waste hierarchy and not for supporting landfilling and incineration of waste .


### certain raw materials are of a high importance to the economy of the union and their supply is associated with a high risk . in order to ensure security of supply of those raw materials and in line with the raw materials initiative and the objectives and targets of the european innovation partnership on raw materials , member states should take measures to achieve the best possible management of waste containing significant amounts of those raw materials , taking economic and technological feasibility and environmental benefits into account . the commission has established a list of critical raw materials for the eu18 . this list is subject to regular review by the commission . __________________ 18 com 297 final . ### certain raw materials are of a high importance to the economy of the union and their supply is associated with a high risk . in order to ensure security of supply of those raw materials and in line with the raw materials initiative and the objectives and targets of the european innovation partnership on raw materials , member states should take measures to achieve the best possible management of waste containing significant amounts of those raw materials , by preventing the landfilling and incineration of untreated waste , taking economic and technological feasibility and environmental and health benefits into account . the commission has established a list of critical raw materials for the eu18 . this list is subject to regular review by the commission . __________________ 18 com0297


### littering has direct detrimental impacts on the environment and the wellbeing of citizens , and high clean - up costs are an unnecessary economic burden for society . the introduction of specific measures in waste management plans and proper enforcement by competent authorities should help eradicate this problem . ### littering has direct detrimental impacts on the environment and the wellbeing of citizens , and high clean - up costs are an unnecessary economic burden for society . littering has to be seen as a societal problem of individuals who handle waste in an improper or illegal way . the introduction of specific measures in waste management plans and proper enforcement by competent authorities should help eradicate this problem .


### statistical data reported by member states are essential for the commission to assess compliance with waste legislation across the member states . the quality , reliability and comparability of statistics should be improved by introducing a single entry point for all waste data , deleting obsolete reporting requirements , benchmarking national reporting methodologies and introducing a data quality check report . therefore , when reporting on the achievement of the targets set out in waste legislation , member states shall use the most recent methodology developed by the commission and the national statistical offices of the member states . ### statistical data reported by member states are essential for the commission to assess compliance with waste legislation across the member states . the quality , reliability and comparability of statistics should be improved establishing a harmonised methodology for data collection and processing and by introducing a single entry point for all waste data , which should be eurostat , and by deleting obsolete reporting requirements , benchmarking national reporting methodologies and introducing a data quality check report , which should be based on a harmonised format . reliable reporting of comparable statistical data concerning waste management is paramount to efficient implementation and to ensuring comparability of data among member states . therefore , when preparing the implementation reports under this directive , member states should use the most recent methodology developed by the commission and by the national statistical offices of the member states .


### ' bio - waste ' means biodegradable garden and park waste , food and kitchen waste from households , restaurants , caterers and retail premises , comparable waste from food processing plants and other waste with similar biodegradability properties that is comparable in nature , composition and quantity ; ### ' bio - waste ' means biodegradable garden and park waste , non - animal agricultural waste , food and kitchen waste from households , restaurants , caterers and retail premises , comparable waste from food production and processing plants and other waste with similar biodegradability and compostability properties that is comparable in nature and composition ;


### ' preparing for re - use ' means checking , cleaning or repairing recovery operations , by which waste , products or components of products that have been collected by a recognised preparation for re - use operator or deposit - refund scheme are prepared so that they can be re - used without any other pre - processing ; ### ' preparing for re - use ' means checking , cleaning or repairing recovery operations , by which products or components of products that have become waste are prepared so that they can be re - used without any other pre - processing ;


### ' final recycling process ' means the recycling process which begins when no further mechanical sorting operation is needed and waste materials enter a production process and are effectively reprocessed into products , materials or substances ; ### ' final recycling process ' means the recycling process which begins when no further mechanical sorting operation is needed and when waste and waste materials , considered to have ceased to be waste in accordance with article 6 , enter a production process and are effectively reprocessed into products , materials or substances ;


### the commission shall be empowered to adopt delegated acts in accordance with article 38a in order to establish detailed criteria on the application of the conditions laid down in paragraph 1 to specific substances or objects . ### the council and the european parliament shall , by means of the ordinary legislative procedure , and with assistance of the commission , establish detailed criteria on the application of the conditions laid down in paragraph 1 to specific substances or objects .


### the commission shall be empowered to adopt delegated acts in accordance with article 38a in order to establish detailed criteria on the application of the conditions laid down in paragraph 1 to certain waste . those detailed criteria shall include limit values for pollutants where necessary and shall take into account any possible adverse environmental effects of the substance or object . ### the commission shall be empowered to adopt delegated acts in accordance with article 38a in order to establish detailed criteria on the application of the conditions laid down in paragraph 1 to certain waste . end - of - waste specific criteria are to be considered for certain materials such as aggregates , paper , glass , metal , plastic , tyres and textiles . those detailed criteria shall include limit values for pollutants where necessary and shall take into account any possible adverse environmental effects of the substance or object .


### ' 1 . in order to strengthen the re - use and the prevention , recycling and other recovery of waste , member states may take legislative or non - legislative measures to ensure that any natural or legal person who professionally develops , manufactures , processes , treats , sells or imports products has extended producer responsibility . ' ### in paragraph 1 , the first subparagraph is replaced by the following : ' 1 . in order to strengthen the re - use and the prevention , recycling and other recovery of waste , member states shall take legislative or non - legislative measures to ensure that any natural or legal person who professionally develops , manufactures , processes , treats , sells or imports products has extended producer responsibility . '


### such measures may also include the establishment of extended producer responsibility schemes defining specific operational and financial obligations for producers of products . ### such measures shall also include the establishment of extended producer responsibility schemes defining specific operational , organisational and financial obligations for producers of products in which the producer´s responsibility is extended to the post - consumer state of a product´s life cycle . producer responsibility shall aim at covering all products placed in the market .


### such measures may encourage , inter alia , the development , production and marketing of products that are suitable for multiple use , that are technically durable and that are , after having become waste , suitable for preparation for re - use and recycling in order to facilitate proper implementation of the waste hierarchy . the measures should take into account the impact of products throughout their life cycle . ### such measures shall encourage , inter alia , the development , production and marketing of products that are suitable for multiple use , that are technically durable and easily repairable and that are , after having become waste and been prepared for re - use or recycled , suitable to be made available on the market or placed on the market in order to facilitate proper implementation of the waste hierarchy . the measures shall take into account the impact of products throughout their life cycle , the waste hierarchy and relevant union legislation and standards already applicable to products .


### the commission shall organise an exchange of information between member states and the actors involved in producer responsibility schemes on the practical implementation of the requirements defined in article 8a and on best practices to ensure adequate governance and cross - border cooperation of extended producer responsibility schemes . this includes , inter alia , exchange of information on the organisational features and the monitoring of producer responsibility organisations , the selection of waste management operators and the prevention of littering . the commission shall publish the results of the exchange of information . ### the commission shall organise an exchange of information between member states and the actors involved in producer responsibility schemes on the practical implementation of the requirements defined in article 8a and on best practices to ensure adequate governance and cross - border cooperation of extended producer responsibility schemes . this includes , inter alia , exchange of information on the organisational features and the monitoring of producer responsibility organisations , the selection of waste management operators and the prevention of littering . the commission shall publish the results of the exchange of information and may provide guidelines on relevant aspects .


### - define in a clear way the roles and responsibilities of producers of products placing goods on the market of the union , organisations implementing extended producer responsibility on their behalf , private or public waste operators , local authorities and , where appropriate , recognised preparation for re - use operators ; ### - define in a clear way the roles and responsibilities of producers of products placing goods on the market of the union , organisations implementing extended producer responsibility on their behalf , private or public waste operators , local authorities , distributors and retailers , end - users and consumers , reuse and repair networks , and , recognised preparation for re - use operators ;


### - define measurable waste management targets , in line with the waste hierarchy , aiming to attain at least the quantitative targets relevant for the scheme as laid down in this directive , directive 94 / 62 / ec , directive 2000 / 53 / ec , directive 2006 / 66 / ec and directive 2012 / 19 / eu ; ### - define measurable waste prevention , re - use , preparation for re - use , and recycling targets as well as minimum recycled content targets for plastics , aiming to attain at least the quantitative targets relevant for the scheme as laid down in this directive , directive 94 / 62 / ec , directive 2000 / 53 / ec , directive 2006 / 66 / ec and directive 2012 / 19 / eu and other objectives that are considered as relevant for the scheme ;


### - establish a reporting system to gather data on the products placed on the union market by the producers subject to extended producer responsibility . once these products become waste , the reporting system shall ensure that data is gathered on the collection and treatment of that waste specifying , where appropriate , the waste material flows ; ### - establish a reporting system to gather data on the products , or , as appropriate , packaging , placed on the union market by the producers subject to extended producer responsibility . once those products , or , as appropriate , packaging , become waste , the reporting system shall ensure that data is gathered on the collection and treatment of that waste specifying , where appropriate , the waste material flows ;


### has the necessary operational and financial means to meet its extended producer responsibility obligations ; ### has the necessary operational , organisational and financial means to meet its extended producer responsibility obligations ;


### are modulated on the basis of the real end - of - life cost of individual products or groups of similar products , notably by taking into account their re - usability and recyclability ; ### are modulated on the basis of the real end - of - life cost of individual products or groups of similar products , notably by taking into account their re - usability , reparability , recyclability , the presence of hazardous substances and the use of permanent materials which are able to be recycled multiple times without losing their characteristics . in order to create optimised market conditions for producers to take advantage of such a modulation , a set of criteria , acting as a basis for modulation , and their measurement method shall be established for the internal market of the union . by . . . [ insert the date : 2 years after the entry into force of this directive ] , the commission shall conduct a study and establish a multi - stakeholder platform in cooperation with member states and relevant industry sectors to set out those criteria and adopt implementing acts in accordance with article 39 .


### member states shall establish an adequate monitoring and enforcement framework with the view to ensure that the producers of products are implementing their extended producer responsibility obligations , the financial means are properly used , and all actors involved in the implementation of the scheme report reliable data . ### member states shall establish an adequate monitoring and enforcement framework with the view to ensure that the producers of products are implementing their extended producer responsibility obligations , the financial means are properly used , and all actors involved in the implementation of the scheme report reliable data . when a product is covered by an extended producer responsibility scheme , member states shall ensure that the treatment of the residual waste produced during the re - use and preparing for re - use process of that product is covered by the extended producer responsibility fee .


### - identify and target products that are the main sources of raw materials of a high importance to the economy of the union and whose supply is associated with a high risk to prevent that those materials become waste ; ### - identify and encourage the re - use of products containing a significant amount of critical raw materials , whose supply is associated with a high risk , also with regard to security of supply , to prevent that those materials become waste ;


### member states shall monitor and assess the implementation of the waste prevention measures . for that purpose , they shall use appropriate qualitative or quantitative indicators and targets , notably on the per capita quantity of municipal waste that is disposed of or subject to energy recovery . ### member states shall establish waste prevention programmes aimed at achieving a reduction in waste production , for example through measuring the weight of waste per capita . member states shall monitor and assess the implementation of the waste prevention measures . for that purpose , they shall use appropriate qualitative or quantitative indicators and targets , notably on the per capita quantity of municipal waste that is reduced , disposed of or subject to energy recovery . member states may also use additional qualitative or quantitative indicators including those which monitor the generation of waste other than municipal waste .


### prevention of waste ### re - use and prevention of waste


### “2 . where necessary to comply with paragraph 1 and to facilitate or improve recovery , waste shall be collected separately if technically , environmentally and economically practicable and shall not be mixed with other waste or other material with different properties . ” ### in article 10 , paragraph 2 is replaced by the following : “2 . to comply with paragraph 1 and to facilitate or improve recovery , waste shall be collected separately and shall not be mixed with other waste or other material with different properties . ”


### member states shall take measures , as appropriate , to promote preparing for re - use activities , notably by encouraging the establishment of and support for re - use and repair networks and by facilitating the access of such networks to waste collection points , and by promoting the use of economic instruments , procurement criteria , quantitative objectives or other measures . ### member states shall take measures , to promote preparing for re - use activities , notably by encouraging the establishment of and support for preparing for re - use operators and their networks , and by facilitating the access of such networks to waste collection points and facilities , and by promoting the use of economic instruments , procurement criteria or other measures .


### ' in order to comply with the objectives of this directive , and move towards a european recycling society with a high level of resource efficiency , member states shall take the necessary measures designed to achieve the following targets : ' ### in paragraph 2 the introductory wording is replaced by the following : “in order to comply with the objectives of this directive , and move towards a european circular economy with a high level of resource efficiency , member states shall take the necessary measures designed to achieve the following targets : ”


### estonia , greece , croatia , latvia , malta , romania and slovakia may obtain five additional years for the attainment of the targets referred to in paragraph 2 and . the member state shall notify the commission of its intention to make use of this provision at the latest 24 months before the respective deadlines laid down in paragraphs 2 and . in the event of an extension , the member state shall take the necessary measures to increase the preparing for re - use and the recycling of municipal waste to a minimum of 50% and 60% by weight , by 2025 and 2030 respectively . ### estonia , greece , cyprus , croatia , latvia , malta , romania and slovakia may obtain five additional years for the attainment of the targets referred to in paragraph 2 and . the member state shall notify the commission of its intention to make use of this provision at the latest 24 months before the respective deadlines laid down in paragraphs 2 and . in the event of an extension , the member state shall take the necessary measures to increase the preparing for re - use and the recycling of municipal waste to a minimum of 50% and 60% by weight , by 2025 and 2030 respectively . those member states may draw up annual national plans , with the assistance of the commission , specifying the measures to be taken to meet the targets .


### for the purposes of calculating whether the targets laid down in article 11 and and article 11 have been achieved member states may take into account the recycling of metals that takes place in conjunction with incineration in proportion to the share of the municipal waste incinerated provided that the recycled metals meet certain quality requirements . ### for the purposes of calculating whether the targets laid down in article 11 and and article 11 have been achieved member states may take into account the recycling of metals that takes place in conjunction with energy recovery and incineration in proportion to the share of the municipal waste incinerated provided that the recycled metals meet certain quality requirements .


### in order to ensure harmonised conditions for the application of paragraph 5 , the commission shall adopt delegated acts in accordance with article 38a establishing a common methodology for the calculation of the weight of metals that have been recycled in conjunction with incineration , including , the quality criteria for the recycled metals . ### in order to ensure harmonised conditions for the application of paragraph 5 , the commission shall adopt delegated acts in accordance with article 38a establishing a common methodology for the calculation of the weight of materials that have been recycled in conjunction with energy recovery and incineration , including the quality criteria for the recycled materials .


### member states shall ensure the separate collection of bio - waste where technically , environmentally and economically practicable and appropriate to ensure the relevant quality standards for compost and to attain the targets set out in article 11 , and and 11 . ### member states shall ensure the separate collection of bio - waste to ensure relevant quality standards for composting and digestion and to attain the targets set out in article 11 , and and 11 .


### recovery of waste . ### in article 24 , point is replaced by the following : recovery of non - hazardous waste .


### the commission may develop guidelines for the interpretation of the definitions of recovery and disposal . ### the commission may develop guidelines for the interpretation of the definitions of waste prevention , re - use , recovery and disposal .


### in the rome declaration signed on 25 september 2017 , leaders of 27 member states affirmed their determination to a safe and secure europe and to build a union where all citizens feel safe and can move freely , where the external borders are secured , with an efficient , responsible and sustainable migration policy , respecting international norms , as well as a europe determined to fight terrorism and organised crime . ### in the rome declaration signed on 25 september 2017 , leaders of 27 member states affirmed their determination to ensure a safe and secure europe and to build a union where all citizens feel safe and can move freely , where the external borders are secured , with an efficient , responsible and sustainable migration policy , respecting international norms , as well as a europe determined to fight terrorism and organised crime .


### the objective of the union’s policy in the field of external border management is to develop and implement european integrated border management at national and union level , which is a precondition for the free movement of persons within the union and is a fundamental component of an area of freedom , security and justice . ### the objective of the union’s policy in the field of external border management is to develop and implement the concept of european integrated border management at national and union level in order to facilitate legitimate border crossings , to prevent and detect irregular immigration and cross - border crime and to support the common visa policy , which should reinforce the free movement of persons within the union and is a fundamental component of an area of freedom , security and justice .


### european integrated border management , as implemented by the european border and coast guard , established by regulation 2016 / 1624 of the european parliament and of the council13 , composed of the european border and coast guard agency and the national authorities responsible for border management , including coast guards to the extent that they carry out border control tasks , is necessary for improving migration management and security . _________________ 13 regulation 2016 / 1624 of the european parliament and of the council of 14 september 2016 on the european border and coast guard and amending regulation 2016 / 399 of the european parliament and of the council and repealing regulation no 863 / 2007 of the european parliament and of the council , council regulation no 2007 / 2004 and council decision 2005 / 267 / ec . ### european integrated border management , as implemented by the european border and coast guard , established by regulation 2016 / 1624 of the european parliament and of the council13 , composed of the european border and coast guard agency and the national authorities responsible for border management , including coast guards to the extent that they carry out border control tasks , is necessary for improving migration management and security and preventing acts of terrorism and cross - border crime . _________________ 13 regulation 2016 / 1624 of the european parliament and of the council of 14 september 2016 on the european border and coast guard and amending regulation 2016 / 399 of the european parliament and of the council and repealing regulation no 863 / 2007 of the european parliament and of the council , council regulation no 2007 / 2004 and council decision 2005 / 267 / ec .


### to preserve the integrity of the schengen area and to strengthen its functioning , member states have , since 6 april 2017 , been obliged to carry out systematic checks against relevant databases on eu citizens who are crossing the eu’s external borders . furthermore , the commission issued a recommendation to member states to make better use of police checks and cross - border cooperation . ### to preserve the integrity of the schengen area and to strengthen its functioning , member states have , since 6 april 2017 , been obliged to carry out systematic checks against relevant databases on eu citizens who are crossing the eu’s external borders . furthermore , the commission issued a recommendation to member states to make better use of police checks and cross - border cooperation in order to prevent the growth of acts of terrorism and irregular migration .


### financial support from the union budget is indispensable to the implementation of european integrated border management to support member states in managing the crossing of the external borders efficiently and in addressing migratory challenges and potential future threats at those borders , thereby contributing to addressing serious crime with a cross - border dimension while acting in full respect of fundamental rights . ### financial support from the union budget is indispensable for the implementation of european integrated border management to support member states in managing the crossing of the external borders efficiently and in addressing migratory challenges and potential future threats at those borders , thereby contributing to addressing serious crime with a cross - border dimension while acting in full respect of fundamental rights .


### it is therefore necessary to establish the successor fund of the 2014 - 2020 internal security fund established by regulation no 515 / 2014 of the european parliament and of the council18 by setting up an integrated border management fund . __________________ 18 regulation no 515 / 2014 of the european parliament and of the council of 16 april 2014 establishing , as part of the internal security fund , the instrument for financial support for external borders and visa and repealing decision no 574 / 2007 / ec . ### it is therefore necessary to establish the successor fund of the 2014 - 2020 internal security fund established by regulation no 515 / 2014 of the european parliament and of the council18 , in part , by setting up an integrated border management fund . __________________ 18 regulation no 515 / 2014 of the european parliament and of the council of 16 april 2014 establishing , as part of the internal security fund , the instrument for financial support for external borders and visa and repealing decision no 574 / 2007 / ec .


### the instrument should build on the results and investments achieved with the support of its predecessors : the external borders fund for the period 2007 - 2013 established by decision no 574 / 2007 / ec of the european parliament and of the council21 and the instrument for external borders and visa as part of the internal security fund for the period 2014 - 2020 established by regulation no 515 / 201422 , and should extend it to take into account new developments . __________________ 21 oj l 144 , 6 . 6 . 2007 , p . 22 . 22 regulation no 515 / 2014 of the european parliament and of the council of 16 april 2014 establishing , as part of the internal security fund , the instrument for financial support for external borders and visa and repealing decision no 574 / 2007 / ec . ### the instrument should build on the results and investments of its predecessors : the external borders fund for the period 2007 - 2013 established by decision no 574 / 2007 / ec of the european parliament and of the council21 and the instrument for external borders and visa as part of the internal security fund for the period 2014 - 2020 established by regulation no 515 / 201422 , and should extend it to take into account new developments . __________________ 21 oj l 144 , 6 . 6 . 2007 , p . 22 . 22 regulation no 515 / 2014 of the european parliament and of the council of 16 april 2014 establishing , as part of the internal security fund , the instrument for financial support for external borders and visa and repealing decision no 574 / 2007 / ec .


### to ensure a uniform and high - quality external border control and to facilitate legitimate travel across the external borders , the instrument should contribute to the development of european integrated border management that includes all the measures involving policy , law , systematic cooperation , burden - sharing , assessment of the situation and changing circumstances regarding crossing points for irregular migrants , personnel , equipment and technology taken at different levels by the competent authorities of the member states and by the european border and coast guard agency , acting in cooperation with other actors such as third countries and other eu bodies , in particular the european agency for the operational management of large - scale it systems in the area of freedom , security and justice , europol and international organisations . ### to ensure a uniform and high - quality external border control and to facilitate legitimate travel across the external borders , the instrument should contribute to the development of european integrated border management that includes all the measures involving policy , law , systematic cooperation , burden - sharing , assessment of the situation and changing circumstances regarding border crossing points - whether formal or informal - personnel , equipment and technology taken at different levels by the competent authorities of the member states and by the european border and coast guard agency , acting in cooperation with other actors such as third countries and other eu bodies , in particular the [ european union agency for asylum ] , the european agency for the operational management of large - scale it systems in the area of freedom , security and justice , europol and international organisations .


### with a view to improving the management of the external borders , to contribute to preventing and combating irregular migration and to contribute to a high level of security within the area of freedom , security and justice of the union , the instrument should support the development of large - scale it systems , based on existing or new it systems . it should also support the setting - up of interoperability between those eu information systems 23 , the visa information system 24 , the european travel information and authorisation system 25 , eurodac26 , the schengen information system 27and the european criminal records information system for third - country nationals ) 28in the member states , in order for these eu information systems and their data to supplement each other . the instrument should also contribute to the necessary developments at national level following the implementation of the interoperability components at central level , a shared biometric matching service , a common identity repository and a multiple - identity detector ) 29 . _________________ 23 regulation 2017 / 2226 of 30 november 2017 establishing an entry / exit system to register entry and exit data and refusal of entry data of third - country nationals crossing the external borders of the member states and determining the conditions for access to the ees for law enforcement purposes , and amending the convention implementing the schengen agreement and regulations no 767 / 2008 and no 1077 / 2011 . 24 regulation no 767 / 2008 / ec of the european parliament and of the council of 9 july 2008 concerning the visa information system and the exchange of data between member states on short - stay visas . 25 com 731 final of 16 november 2016 . 26 com 272 final / 2 of 4 may 2016 . 27 com 881 final , 882 final and 883 final of 21 december 2016 . 28 com 344 final of 29 june 2017 . 29 com 794 final of 12 december 2017 . ### with a view to improving the management of the external borders , to contribute to preventing and combating irregular migration and the unlawful crossing of borders and to contribute to a high level of security within the area of freedom , security and justice of the union , the instrument should support the development of large - scale it systems , based on existing or new it systems . it should also support the setting - up of interoperability between those eu information systems 23 , the visa information system 24 , the european travel information and authorisation system 25 , eurodac26 , the schengen information system 27 and the european criminal records information system for third - country nationals 28 ) in the member states , in order for these eu information systems and their data to supplement each other . the instrument should also contribute to the necessary developments at national level following the implementation of the interoperability components at central level , a shared biometric matching service , a common identity repository and a multiple - identity detector 29 ) . _________________ 23 regulation 2017 / 2226 of 30 november 2017 establishing an entry / exit system to register entry and exit data and refusal of entry data of third - country nationals crossing the external borders of the member states and determining the conditions for access to the ees for law enforcement purposes , and amending the convention implementing the schengen agreement and regulations no 767 / 2008 and no 1077 / 2011 . 24 regulation no 767 / 2008 of the european parliament and of the council of 9 july 2008 concerning the visa information system and the exchange of data between member states on short - stay visas . 25 com 731 final of 16 november 2016 . 26 com 272 final / 2 of 4 may 2016 . 27 com 881 final , 882 final and 883 final of 21 december 2016 . 28 com 344 final of 29 june 2017 . 29 com 794 final of 12 december 2017 .


### in the interest of solidarity in the schengen area as a whole and in the spirit of shared responsibility for the protection of the union’s external borders , where weaknesses or risks are identified , in particular following a schengen evaluation in accordance with council regulation no 1053 / 201331 , the member state concerned should adequately address the matter by using resources under its programme to implement recommendations adopted pursuant to that regulation and in line with vulnerability assessments carried out by the european border and coast guard agency in accordance with article 13 of regulation 2016 / 1624 . _________________ 31 council regulation no 1053 / 2013 of 7 october 2013 establishing an evaluation and monitoring mechanism to verify the application of the schengen acquis . ### in the interest of solidarity in the schengen area and throughout the eu and in the spirit of shared responsibility for the protection of the union’s external borders , where weaknesses or risks are identified , in particular following a schengen evaluation in accordance with council regulation no 1053 / 201331 , the member state concerned should adequately address the matter by using resources under its programme to implement recommendations adopted pursuant to that regulation and in line with vulnerability assessments carried out by the european border and coast guard agency in accordance with article 13 of regulation 2016 / 1624 . _________________ 31 council regulation no 1053 / 2013 of 7 october 2013 establishing an evaluation and monitoring mechanism to verify the application of the schengen acquis .


### the instrument should express solidarity and shared responsibility through financial assistance for those member states that fully apply the schengen provisions on external borders and visas as well as those which are preparing for full participation in schengen , and should be used by the member states in the interests of the union’s common policy for the management of the external borders . ### the instrument should provide financial assistance to those member states that fully apply the schengen provisions on external borders and visas and to those which are preparing for full participation in schengen , and should be used by the member states in the interests of the union’s common policy for the management of the external borders .


### to contribute to the achievement of the policy objective of the instrument , member states should ensure that their programmes address the specific objectives of the instrument , that the priorities chosen are in line with the agreed eu priorities and the implementing measures as set out in annex ii and that the allocation of resources between objectives and actions is proportionate to the challenges and needs they are faced with . ### to contribute to the achievement of the policy objective of the instrument , member states should ensure that their programmes address the specific objectives of the instrument , that the priorities chosen are in line with the agreed eu priorities and the implementing measures as set out in annex ii and that the allocation of suitable resources between objectives and actions is proportionate to the challenges and needs they are faced with .


### border surveillance at sea is considered one of the coastguard functions performed in the union maritime domain . national authorities carrying out coast guard functions are also responsible for a wide range of tasks , which may include , but would not be limited to , maritime safety , security , search and rescue , border control , fisheries control , customs control , general law enforcement and environmental protection . the broad scope of coastguard functions brings them under the remit of different union policies which should seek synergies to achieve more effective and efficient results . ### border surveillance at sea is considered one of the coastguard functions performed in the union maritime domain . national authorities carrying out coast guard functions are also responsible for a wide range of tasks , which may include , but would not be limited to , maritime safety , search and rescue , border control , fisheries control , customs control , general law enforcement and environmental protection . the broad scope of coastguard functions brings them under the remit of different union policies which should seek synergies to achieve more effective and efficient results .


### funding from the union budget should concentrate on activities where union intervention can bring added value as compared to actions by member states alone . as the union is in a better position than member states to provide a framework for expressing union solidarity in border control , common visa policy and the management of migration flows , and to provide a platform for the development of common it systems underpinning those policies , financial support provided under this regulation will contribute in particular to strengthening national and union capabilities in those areas . ### funding from the union budget should concentrate on activities where union intervention can bring added value as compared to actions by member states alone . as the union is in a better position than member states to provide a framework for expressing union solidarity in border management and common visa policy , and to provide a platform for the development of common it systems underpinning those policies , financial support provided under this regulation will contribute in particular to strengthening national and union capabilities in those areas .


### the instrument should reflect the need for increased flexibility and simplification while respecting requirements in terms of predictability , and ensuring a fair and transparent distribution of resources to meet the objectives laid down in this regulation . ### the instrument should ensure a fair and transparent distribution of resources to meet the objectives laid down in this regulation . it should balance the need for predictability in the distribution of funding with the need for its increased flexibility and simplicity .


### as challenges in the area of border management and visas are constantly evolving there is a need to adapt the allocation of funding to the changes in migration flows , pressure at the border and security threats and steer funding towards the priorities with the highest added value for the union . to respond to pressing needs , changes in policy and union priorities and to steer funding towards actions with a high level of added value for the union , part of the funding will be periodically allocated to specific actions , union actions and emergency assistance , via a thematic facility . ### as challenges in the area of border management and visas are constantly evolving there is a need to adapt the allocation of funding to changes in priorities for visa policy and border management , including as a result of increased pressure at the border , and to steer funding towards the priorities with the highest added value for the union . to respond to pressing needs , changes in policy and union priorities and to steer funding towards actions with a high level of added value for the union , part of the funding will be periodically allocated to specific actions , union actions and emergency assistance , via a thematic facility .


### the instrument should contribute to supporting operating costs related to border management , common visa policy and large - scale it systems and should thereby enable member states to maintain capabilities which are crucial for the union as a whole . such support consists of full reimbursement of specific costs related to the objectives of the instrument and should form an integral part of the member states’ programmes . ### the instrument should , within defined limits , contribute to supporting operating costs related to border management , common visa policy and large - scale it systems and should thereby enable member states to maintain capabilities which are crucial for the union as a whole . such support consists of full reimbursement of specific costs related to the objectives of the instrument and should form an integral part of the member states’ programmes .


### part of the available resources under the instrument could also be allocated to member states’ programmes for the implementation of specific actions in addition to their initial allocation . these specific actions should be identified at union level and should concern actions which require cooperative effort or actions necessary to address developments in the union which require additional funding to be made available to one or more member states , such as the purchase through the national programmes of member states of technical equipment needed by the european border and coast guard agency to perform its operational activities , the modernisation of the processing of visa applications , the development of new large - scale it systems and the setting - up of interoperability between those systems . these specific actions will be defined by the commission in its work programmes . ### part of the available resources under the instrument could also be allocated to member states’ programmes for the implementation of specific actions in addition to their initial allocation . these specific actions should be identified at union level and should concern actions which require cooperative effort or actions necessary to address developments in the union which require additional funding to be made available to one or more member states , such as the purchase through the national programmes of member states of technical equipment needed by the european border and coast guard agency to perform its operational activities , the modernisation of the processing of visa applications , the development of large - scale it systems and the setting - up of interoperability between those systems . these specific actions will be defined by the commission in its work programmes which should be adopted by delegated act .


### ‘ external borders’ means the borders of the member states : land borders , including river and lake borders , sea borders as well as their airports , river ports , sea ports and lake ports to which the provisions of union law on the crossing of external borders apply , including those internal borders at which the controls have not been lifted yet ; ### ‘ external borders’ means as specified in article 2 paragraph 2 of regulation no 399 / 2016 the borders of the member states : land borders , including river and lake borders , sea borders as well as their airports , river ports , sea ports and lake ports to which the provisions of union law on the crossing of external borders apply , including those internal borders at which the controls have not been lifted yet ;


### supporting the common visa policy to facilitate legitimate travel and prevent migratory and security risks . ### supporting the common visa policy to ensure a more harmonised approach among the member states with regard to the issuance of visas and to facilitate legitimate travel .


### legal entities participating in consortia of at least two independent entities , established in different member states or overseas countries or territories linked to those states or in third countries , are eligible . ### legal entities participating in consortia of at least two independent entities , established in different member states or in overseas countries or territories linked to those states .


### when funding from the thematic facility is granted in direct or indirect management to member states , it shall be ensured that selected projects are not affected by a reasoned opinion by the commission in respect of an infringement under article 258 tfeu that puts at risk the legality and regularity of expenditure or the performance of projects . ### when funding from the thematic facility is granted in direct or indirect management to member states , no funding shall be available for projects where the legality of those projects , or the legality and regularity of that funding , or the performance of those projects , would be called into question as a result of a reasoned opinion by the commission in respect of an infringement under article 258 tfeu .


### when funding from the thematic facility is implemented in shared management , the commission shall , for the purposes of article 18 and article 19 of regulation no … / … [ cpr ] , assess whether the foreseen actions are not affected by a reasoned opinion by the commission in respect of an infringement under article 258 tfeu that puts at risk the legality and regularity of expenditure or the performance of the projects . ### when funding from the thematic facility is implemented in shared management , the commission shall , for the purposes of article 18 and article 19 of regulation no … / … [ cpr ] , assess the foreseen actions to ensure that no funding shall be available for projects where the legality of those projects , or the legality and regularity of those projects , or the performance of those projects , would be called into question as a result of a reasoned opinion by the commission in respect of an infringement under article 258 tfeu .


### the financing decisions may be annual or multiannual and may cover one or more components of the thematic facility . ### the work programmes may be annual or multiannual and may cover one or more components of the thematic facility .


### the contribution from the union budget shall not exceed 75 % of the total eligible expenditure of a project . ### the contribution from the union budget shall not exceed 80 % of the total eligible expenditure of a project .


### the commission shall ensure that the european border and coast guard agency and where appropriate , eu - lisa , are associated with the process of developing the programmes of member states at an early stage , in so far as it falls within the agencies’ competencies . ### the commission shall ensure , where appropriate , that the european border and coast guard agency , eu - lisa , the european union agency for fundamental rights , and any other relevant union agency are associated with the process of developing the programmes of member states at an early stage , in so far as it falls within the agencies’ competencies .


### the commission shall ensure that the european border and coast guard agency and where appropriate , eu - lisa , are associated with the process of developing the programmes of member states at an early stage , in so far as it falls within the agencies’ competencies . ### the commission shall ensure that the european border and coast guard agency and where appropriate , eu - lisa , are associated with the process of developing the programmes of member states at an early stage , in so far as it falls within the agencies’ competencies , with the exception of such collaboration not to lead to delays in program implementation and taking into account the specificities of each member state .


### it shall consult the european border and coast guard agency on the draft programmes with a specific emphasis on the activities included under operating support in line with article 3 to ensure consistency and complementarity of the actions of the agency and those of the member states regarding border management as well as to avoid double financing and to achieve cost efficiency . ### it shall consult the european border and coast guard agency on the draft programmes with a specific emphasis on the activities included under operating support in line with article 3 to ensure consistency and complementarity of the actions of the agency and those of the member states regarding border management , to avoid double financing and achieve cost efficiency , and to guarantee security .


### the commission may associate the european border and coast guard agency , and where appropriate , eu - lisa , with monitoring and evaluation tasks as referred to in section 5 , in particular in view of ensuring that the actions implemented with the support of the instrument are compliant with the relevant union acquis and agreed union priorities . ### the commission may associate , where appropriate , the european border and coast guard agency , eu - lisa , the european union agency for fundamental rights , and any other relevant agency with monitoring and evaluation tasks as referred to in section 5 , in particular in view of ensuring that the actions implemented with the support of the instrument are compliant with the relevant union acquis and agreed union priorities .


### whenever a member state decides to implement projects with or in a third country with the support of the instrument , the member state concerned shall consult the commission prior to the start of the project . ### before a member state decides to implement projects with , in or in relation to a third country with the support of the instrument , it shall ensure that all actions proposed by , in or in relation to that third country comply with the international obligations of the union and that member state , and that they fully respect the rights and principles enshrined in the charter of fundamental rights of the european union . the member state concerned shall consult the commission prior to the start of the project including on ensuring that the above conditions are fulfilled .


### as regards operating equipment , including means of transport , and communication systems required for effective and secure border control purchased with the support of this instrument , the following shall apply : ### as regards operating equipment , including means of transport and communication systems required for effective and secure border control , and search and rescue operations , purchased with the support of this instrument , the following shall apply :


### as regards operating equipment , including means of transport , and communication systems required for effective and secure border control purchased with the support of this instrument , the following shall apply : ### as regards operating equipment , including means of transport , and communication systems required for effective and secure border control purchased in compliance with the directive 2014 / 24 / eu and with the support of this instrument , the following shall apply :


### if at least 10 % of the initial allocation of a programme referred to in article 10 has not been covered by interim payment applications submitted in accordance with article 85 of regulation no … / … [ cpr ] , the member state concerned shall not be eligible to receive the additional allocation for its programme referred to in paragraph 1 . ### if at least 30 % of the initial allocation of a programme referred to in article 10 has not been covered by interim payment applications submitted in accordance with article 85 of regulation … / … [ cpr ] , the member state concerned shall not be eligible to receive the additional allocation for its programme referred to in paragraph 1 .


### the commission shall implement information and communication actions relating to this instrument , its actions and results . financial resources allocated to this instrument shall also contribute to the corporate communication on the political priorities of the union , as far as they are related to the objectives of this regulation . ### the commission shall implement information and communication actions relating to the implementation of this instrument , its actions and results . in particular , the commission shall publish information concerning the development of the annual and multiannual programmes of the thematic facility . the commission shall also publish the list of operations , projects and contracts selected for support under the thematic facility on a publicly available website and shall update that list at least every three months . financial resources allocated to this instrument shall also contribute to the corporate communication on the implementation of political priorities of the union , as far as they are related to the objectives of this regulation . in particular , the commission may promote best practices and exchange information as regards to the implementation of the instrument .


### in compliance with its reporting requirements pursuant to article 43 of the financial regulation , the commission shall present to the european parliament and the council information on performance in accordance with annex v . ### in compliance with its reporting requirements pursuant to article 41 and of the financial regulation , the commission shall present to the european parliament and the council information on performance in accordance with annex v , at least annually .


### the indicators to report on progress of the instrument towards the achievement of the objectives of this regulation are set out in annex viii . for output indicators , baselines shall be set at zero . the milestones set for 2024 and targets set for 2029 shall be cumulative . ### the indicators to report on progress of the instrument towards the achievement of the objectives of this regulation are set out in annex viii . for output indicators , baselines shall be set at zero . the milestones set for 2024 and targets set for 2029 shall be cumulative . for resources under shared management , the common indicators shall be used in accordance with articles 12 , 17 and 37 of regulation … / … [ cpr ] . upon request , the output indicators shall be made available to the european parliament and to the council .


### the power to adopt delegated acts referred to in articles 12 , 15 , 25 and 28 shall be conferred on the commission until 31 december 2028 . ### the power to adopt delegated acts referred to in articles 8 , 12 , 15 , 25 and 28 shall be conferred on the commission until 31 december 2028 .


### the european parliament or the council may revoke the delegation of powers referred to in articles 12 , 15 , 25 and 28 at any time . a decision of revocation shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force . ### the european parliament or the council may revoke the delegation of powers referred to in articles 8 , 12 , 15 , 25 and 28 at any time . a decision of revocation shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force .


### a delegated act adopted pursuant to articles 12 , 15 , 25 and 28 shall enter into force only if neither the european parliament nor the council has expressed an objection within two months of being notified of it if , before the expiry of that period , they have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or the council . ### a delegated act adopted pursuant to articles 8 , 12 , 15 , 25 and 28 shall enter into force only if neither the european parliament nor the council has expressed an objection within two months of being notified of it if , before the expiry of that period , they have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or the council .


### reinforcing the capacities for carrying out checks and surveillance at the external borders , including measures to prevent and detect cross - border crime , such as migrant smuggling , trafficking in human beings and terrorism ; ### reinforcing the capacities for carrying out checks and surveillance at the external borders , including measures to facilitate legitimate border crossings and , where appropriate , measures related to the prevention and detection of cross - border crime , such as migrant smuggling , trafficking in human beings and terrorism , and measures related to the referral of persons who are in need of , or wish to apply for , international protection ;


### implementing technical and operational measures within the schengen area which are related to border control ; ### implementing technical and operational measures within the schengen area which are related to border control , provided that such measures do not present a risk to free movement ;


### providing efficient and client - friendly services to visa applicants while maintaining the security and integrity of the visa procedure ; ### providing efficient and client - friendly services to visa applicants while maintaining the security and integrity of the visa procedure , with particular regard to vulnerable persons and children ;


### training in the field of or contributing to the development of european integrated border management , taking into account operational needs and risk analysis and in full compliance with fundamental rights ; ### training in the field of or contributing to the development of european integrated border management , taking into account operational needs , risk analysis and challenges identified in country - specific recommendations all in full compliance with fundamental rights ;


### studies , pilot projects and other relevant actions aiming to implement or develop european integrated border management , including measures aiming at the development of the european border and coast guard , such as common capacity - building , joint procurement , establishment of common standards and other measures streamlining the cooperation and coordination between the european border and coast guard agency and member states ; ### studies , pilot projects and other relevant actions aiming to implement or develop european integrated border management , including measures aiming at the development of the european border and coast guard , such as common capacity - building , joint procurement , establishment of common standards and other measures streamlining the cooperation and coordination between the european border and coast guard agency and member states , as well as measures related to the referral of persons who are in need of , or wish to apply for , international protection ;


### identification , fingerprinting , registration , security checks , debriefing , provision of information , medical and vulnerability screening and , where necessary , medical care as well as referral of third country nationals to the appropriate procedure at the external borders , in particular in hotspot areas ; ### identification , fingerprinting , registration , security checks , debriefing , provision of information , medical and vulnerability screening and , where necessary , medical care as well as referral of third country nationals to the appropriate asylum procedure at the external borders , in particular in hotspot areas ;


### development of statistical tools , methods and indicators ; ### development of statistical tools , methods and indicators with due regard for the principle of non - discrimination ;


### operating support for the implementation of the common visa policy . ### operating support for the implementation of the common visa policy with due regard for the principle of non - discrimination .


### measures enhancing the identification of victims of trafficking in human beings and enhancing cross - border cooperation for detecting traffickers in the framework of border control . ### measures enhancing the identification and support of victims of trafficking in human beings and enhancing cross - border cooperation for detecting traffickers in the framework of border control , including by developing and supporting effective protection and referral mechanisms .


### specific objective 2 : supporting the common visa policy to facilitate legitimate travel and prevent migratory and security risks : ### specific objective 2 : supporting the common visa policy to ensure a more harmonised approach among the member states with regard to the issuance of visas and to facilitate legitimate travel :


### the deployment of the current european migration liaison officers to the key countries of origin and transit , as called upon by the conclusions of the special meeting of the heads of states and governments on 23 april 2015 , was a first step towards enhancing the engagement with third countries on migration - related issues and stepping up coordination with immigration liaison officers deployed by member states . building on this experience , longer - term deployments of immigration liaison officers by the commission to third countries are to be foreseen to support development , implementation and to maximise the impact of union action on migration . ### the deployment of the current european migration liaison officers to the key countries of origin and transit , as called upon by the conclusions of the special meeting of the heads of states and governments on 23 april 2015 , was a first step towards enhancing the engagement with third countries on migration - related issues and stepping up coordination with immigration liaison officers deployed by member states . building on this experience , longer - term deployments of immigration liaison officers by the commission to third countries are to be foreseen to support development , implementation and to maximise the impact of union action on migration and systematically extend liaison officers ' information missions to collecting data on the ground in all significant countries of origin and transit or decisively contributing to facilitating the flow of such data .


### the establishment of a robust governance mechanism that ensures better coordination of all liaison officers dealing with immigration issues as a part of their duties , is essential in order to minimise information gaps and duplication of work and maximise operational capabilities and effectiveness . a steering board should provide guidance in line with union policy priorities – taking into account the union external relations – and should be given the necessary powers , in particular to adopt biennial work programmes of activities of networks of immigration liaison officers , assign tailored ad - hoc tasks for immigration liaison officers addressing priorities and emerging needs not already covered by the biennial work programme , allocate resources for agreed activities and be accountable for their execution . ### the establishment of a robust governance mechanism that ensures better coordination of all liaison officers dealing with immigration issues as a part of their duties , is essential in order to minimise information gaps and duplication of work and maximise operational capabilities and effectiveness . a steering board should provide guidance in line with union policy priorities , tailoring strategic cooperation and planning to available institutional capacity - taking into account the union external relations and existing arrangements for cooperation in practice between member states and the european commission in combating illegal migration . it should be given the necessary powers , in particular to adopt biennial work programmes of activities of networks of immigration liaison officers , assign tailored ad - hoc tasks for immigration liaison officers addressing priorities and emerging needs not already covered by the biennial work programme , allocate resources for agreed activities and be accountable for their execution .


### this regulation lays down rules to improve the coordination of immigration liaison officers deployed to third countries by member states , the commission and the union agencies through the creation of a european network of immigration liaison officers . ### this regulation lays down rules to improve the cooperation and coordination of immigration liaison officers deployed to third countries by member states , the commission and the union agencies through the creation of a european network of immigration liaison officers .


### the steering board shall be notified of the appointment of the network coordinators by the coordinator . ### the steering board shall be notified of the appointment of the network coordinators by the coordinator at least 15 days before they assume their functions .


### the steering board shall establish its own rules of procedures on the basis of a proposal by the chair within three months of its first meeting . the rules of procedures shall set out voting arrangements . ### the steering board shall establish its own rules of procedures on the basis of a proposal by the chair within three months of its first meeting , following prior consultation of the member states . the rules of procedures shall set out voting arrangements and the procedures by which the commission will cooperate with national authorities to ensure the proper circulation of strategic and operational analysis products .


### for the execution of the activities referred to paragraphs 2 and 3 , member states may receive the union financial support in accordance with regulation no 515 / 2014 . ### for the execution of the activities referred to paragraphs 2 and 3 , member states may receive the union financial support in accordance with regulation no 515 / 2014 , the commission setting up operational procedures or channels of communication to enable member states to coordinate requests for union funding .


### relevant documents , reports and analytical products in the area of immigration , in particular factual information on countries or regions in which immigration liaison officers are deployed ; ### relevant documents , reports and analytical products in the area of immigration , in particular factual information on countries or regions in which immigration liaison officers are deployed , as well as evidence of events and processes confirming identified or newly emerging risks , in cooperation with other relevant union entities , so that the necessary coordinated risk containment measures can be taken on submission of the scheduled report after four years ;


### member states shall provide the commission with the necessary information for the preparation of the report on the application of the regulation . ### member states shall provide the commission with the necessary information for the preparation of the report on the application of the regulation after it has informed the member states of the institutional cooperation mechanisms for the identification of internal security risks and threats likely to affect the functioning or security of the external borders and the obstacles and risks to common border management .


### since the adoption of council directive 91 / 533 / eec , 33 labour markets have undergone far - reaching changes due to demographic developments and digitalisation leading to the creation of new forms of employment , which have supported job creation and labour market growth . new forms of employment are often not as regular or stable as traditional employment relationships and lead to reduced predictability for the workers concerned , creating uncertainty as to applicable rights and social protection . in this evolving world of work , there is therefore an increased need for workers to be fully informed about their essential working conditions , which should occur in a written form and in a timely manner . in order adequately to frame the development of new forms of employment , workers in the union should also be provided with a number of new minimum rights aimed at promoting security and predictability in employment relationships while achieving upward convergence across member states and preserving labour market adaptability . __________________ 33 council directive 91 / 533 / ec of 14 october 1991 on an employer ' s obligation to inform employees of the conditions applicable to the contract or employment relationship . ### since the adoption of council directive 91 / 533 / eec , 33 labour markets have undergone far - reaching changes due to demographic developments and digitalisation leading to the creation of new forms of employment which are often not as regular or stable as traditional employment relationships and lead to reduced predictability for the workers concerned , creating uncertainty and precariousness as to working conditions , applicable rights and social protection . in this evolving world of work , there is therefore an increased need for all workers in all types of employment relationship to be fully informed about their essential working conditions , which should occur in a written form and in a timely manner . in order adequately to frame the development of new forms of employment , workers should also be provided with a number of new minimum rights aimed at promoting security and predictability in employment relationships while achieving upward convergence across member states and preserving labour market legal certainty . __________________ 33 council directive 91 / 533 / ec of 14 october 1991 on an employer ' s obligation to inform employees of the conditions applicable to the contract or employment relationship .


### minimum requirements relating to information on the essential aspects of the employment relationship and relating to working conditions that apply to every worker should therefore be established at union level in order to guarantee all workers in the union an adequate degree of transparency and predictability as regards their working conditions . ### minimum requirements relating to information on the essential aspects of the employment relationship and relating to working conditions that apply to every worker should therefore be strengthened and established at union level in order to guarantee all workers in the union an adequate degree of transparency and predictability as regards their working conditions


### directive 91 / 533 / eec introduced a minimum list of essential aspects on which workers have to be informed in writing . it is necessary to adapt that list in order to take account of developments on the labour market , in particular the growth of non - standard forms of employment . ### directive 91 / 533 / eec introduced a minimum list of essential aspects on which workers have to be informed in writing . it is necessary to adapt that minimum list in order to take account of developments on the labour market , in particular the growth of non - standard forms of employment . member states shall have the right to extend that minimum list in line with national requirements .


### a reasonable minimum advance notice , understood as the period of time between the moment a worker is informed about a new work assignment and the moment the assignment starts , constitutes another necessary element of predictability of work for employment relationships with work schedule which are variable or mostly determined by the employer . the length of the advance notice period may vary according to the needs of sectors , while ensuring adequate protection of workers . it applies without prejudice to directive 2002 / 15 / ec of the european parliament and of the council . 40 __________________ 40 directive 2002 / 15 / ec of the european parliament and of the council of 11 march 2002 on the organisation of the working time of persons performing mobile road transport activities . ### a reasonable minimum advance notice , understood as the period of time between the moment a worker is informed about a new work assignment and the moment the assignment starts , constitutes another necessary element of predictability of work for employment relationships with work schedule which are variable or mostly determined by the employer . the reasonable length of the advance notice period may vary according to the needs of sectors , but should not be shorter than 5 working days . it applies without prejudice to directive 2002 / 15 / ec of the european parliament and of the council . 40 the predetermined work schedule applies without prejudice to directive 2003 / 88 / ec of the european parliament and the council . a worker is entitled to guaranteed paid work where he or she has been given notice of work , even if the work is cancelled . this guaranteed paid work , in case of cancellation , cannot be replaced by a different assignment . __________________ 40 directive 2002 / 15 / ec of the european parliament and of the council of 11 march 2002 on the organisation of the working time of persons performing mobile road transport activities .


### where employers have the possibility to offer full - time or open - ended labour contracts to workers in non - standard forms of employment , a transition to more secure forms of employment should be promoted . workers should be able to request another more predictable and secure form of employment , where available , and receive a written response from the employer , which takes into account the needs of the employer and of the worker . ### while new forms of employment have been a driver of job creation and labour market growth , they are more open to insecure and unpredictable working conditions . where employers have the possibility to offer full - time or open - ended labour contracts to workers in non - standard forms of employment , including traineeships , a transition to more secure forms of employment should be promoted . workers should be able to request another more predictable and secure form of employment , where available , and receive a written response from the employer , which takes into account the needs of the employer and of the worker . in case of refusal , the letter should include a clear and objective justification .


### where employers have the possibility to offer full - time or open - ended labour contracts to workers in non - standard forms of employment , a transition to more secure forms of employment should be promoted . workers should be able to request another more predictable and secure form of employment , where available , and receive a written response from the employer , which takes into account the needs of the employer and of the worker . ### where employers have the possibility to offer full - time or open - ended labour contracts to workers in non - standard forms of employment , a transition to more secure forms of employment should be promoted . workers should be able to request another more predictable and secure form of employment , where available , and receive a written response duly justified from the employer , which takes into account the needs of the employer and of the worker and where any refusal is based in objective business conditions .


### where employers are required by legislation or collective agreements to provide training to workers to carry out the work for which they are employed , it is important to ensure that such training is provided equally , including to those in non - standard forms of employment . the costs of such training should not be charged to the worker nor withheld or deducted from the worker ' s remuneration . ### where employers are required by legislation or collective agreements to provide training to workers to carry out the work for which they are employed , it is important to ensure that such training is provided equally , and without discrimination based on any ground such as sex , including to those in non - standard forms of employment . the costs of such training should not be charged to the worker nor withheld or deducted from the worker ' s remuneration . the training should take place during working hours .


### where employers are required by legislation or collective agreements to provide training to workers to carry out the work for which they are employed , it is important to ensure that such training is provided equally , including to those in non - standard forms of employment . the costs of such training should not be charged to the worker nor withheld or deducted from the worker ' s remuneration . ### where employers are required by legislation or collective agreements to provide training to workers to carry out the work for which they are employed , it is important to ensure that such training is provided equally , including to those in non - standard forms of employment , and that such training is carried out during working hours . the costs of such training should not be charged to the worker nor withheld or deducted from the worker ' s remuneration . the worker should continue to be entitled to receive remuneration during their training .


### social partners may consider that in specific sectors or situations different provisions are more appropriate , for the pursuit of the purpose of this directive , than the minimum standards set in chapter three of this directive . member states should therefore be able to allow social partners to conclude collective agreements modifying the provisions contained in that chapter , as long as the overall level of protection of workers is not lowered . ### social partners may consider that in specific sectors or situations , provisions on minimum standards set in chapter three of this directive can be adapted and / or complemented for the pursuit of the purpose of this directive . member states should therefore be able to allow social partners to conclude or uphold collective agreements modifying the provisions contained in chapter iii , as long as the overall level of protection of workers is not lowered .


### the identities of the parties to the employment relationship ; ### the identities of the parties to the employment relationship including at least full names , addresses and , if applicable , legal representatives ;


### the place of work ; where there is no fixed or main place of work , the principle that the worker is employed at various places or is free to determine his or her place of work , and the registered place of business or , where appropriate , the domicile of the employer ; ### the place of work ; where there is no fixed or main place of work , the principle that the worker is employed at various places or is free to determine his or her place of work , and the registered place of business or , where appropriate , the domicile of the employer ; where the employee works in different places or the employer is allowed to change the employee’s place of work , the reasonable measures and arrangements in place to allow the worker to get or move to the different work places , the procedure , notice and due compensation ;


### if the work schedule is entirely or mostly not variable , the length of the worker’s standard working day or week and any arrangements for overtime and its remuneration ; ### if the work schedule is entirely or mostly not variable , the length of the worker’s contracted working day or week , the arrangements for overtime and its remuneration ; where applicable , the arrangements for working outside the worker’s contracted working day or week , including shift changes ;


### the information referred to in paragraph 2 to and may , where appropriate , be given in the form of a reference to the laws , regulations and administrative or statutory provisions or collective agreements governing those particular points . ### the information referred to in paragraph 2 to and may , where appropriate , be accompanied by a reference to the laws , regulations and administrative or statutory provisions or collective agreements governing those particular points .


### the country or countries in which the work abroad is to be performed and its duration ; ### the country or countries as well as the exact place or places in which the work abroad is to be performed and its duration ;


### member states may allow social partners to conclude collective agreements , in conformity with the national law or practice , which , while respecting the overall protection of workers , establish arrangements concerning the working conditions of workers which differ from those referred to in articles 7 to 11 . ### member states may , with the consent of the most representative social partners at national level , allow social partners to conclude collective agreements , at the appropriate level , adapting and / or complementing the provisions of chapter iii of this directive , in a manner which will take account of the specific needs of the social partners concerned while respecting the minimum requirements laid down in this directive , or to uphold existing collective agreements if they respect the overall level of protection .


### member states shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this directive or the relevant provisions already in force concerning the rights which are within the scope of this directive . member states shall take all measures necessary to ensure that those penalties are applied . penalties shall be effective , proportionate and dissuasive . they may take the form of a fine . they may also comprise payment of compensation . ### member states shall lay down the rules on sanctions and penalties applicable against employers for infringements of the national provisions adopted pursuant to this directive or the relevant provisions already in force concerning the rights which are within the scope of this directive . member states shall take all measures necessary to ensure that those penalties are applied . penalties shall be effective , proportionate and dissuasive . they may take the form of a fine . they shall also comprise proportionate payment of compensation .


### this directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within member states . ### this directive does not constitute valid grounds for reducing the level of protection already afforded to workers within member states in any form . member states shall gradually improve the level of protection for workers within the areas which fall under the scope of this directive .


### this directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within member states . ### this directive shall not constitute valid grounds , when implemented , for reducing the general level of protection already afforded to workers within member states .


### in order for money laundering to be an effective tool against organised crime , it should not be necessary to identify the specifics of the crime that generated the property , let alone require a prior or simultaneous conviction for that crime . prosecutions for money laundering should also not be impeded by the mere fact that the predicate offence was committed in another member state or third country , provided it is a criminal offence in that member state or third country . member states may establish as a prerequisite the fact that the predicate offence would have been a crime in its national law , had it been committed there . ### in order for money laundering to be an effective tool against organised crime , it should not be necessary to identify the specifics of the crime that generated the property , let alone require a prior or simultaneous conviction for that crime , nor all the factual elements or all circumstances relating to the criminal activity . prosecutions for money laundering should also not be impeded by the mere fact that the predicate offence was committed in another member state or third country , provided it is a criminal offence in that member state or third country . member states may establish as a prerequisite the fact that the predicate offence would have been a crime in its national law , had it been committed there .


### a prior or simultaneous conviction for the criminal activity that generated the property ; ### a prior or simultaneous conviction for the criminal activity from which the property was derived , as referred to in paragraph 1 ;


### each member state shall ensure that the offences referred to in article 3 shall be punishable by a maximum term of imprisonment of at least four years , at least in serious cases . ### each member state shall ensure that the offences referred to in article 3 and in article 4 shall be punishable by a maximum term of imprisonment of at least five years .


### each member state shall ensure that legal persons can be held liable for any of the offences referred to in articles 3 and 4 committed for the benefit of those legal persons by any person , acting either individually or as part of an organ of the legal person , and having a leading position within the legal person , based on : ### each member state shall ensure that legal persons can be held liable for any of the offences referred to in articles 3 and 4 committed for their benefit&#160 ; or for the benefit of a third person&#160 ; by any person , acting either individually or as part of an organ of the legal person , and having a leading position within the legal person , based on :


### member states shall ensure that legal persons can be held liable where the lack of supervision or control by a person referred to in paragraph 1 has made possible the commission of any of the offences referred to in articles 3 and 4 for the benefit of that legal person by a person under its authority . ### member states shall ensure that legal persons can be held liable where the lack of supervision or control by a person referred to in paragraph 1 has made possible the commission of any of the offences referred to in articles 3 and 4 for their benefit or for the benefit of a third person by a person under its authority .


### each member state shall ensure that a legal person held liable for offences pursuant to article 6 shall be punishable by effective , proportionate and dissuasive sanctions , which shall include criminal or non - criminal fines and may include other sanctions , such as : ### each member state shall ensure that a legal person held liable for offences pursuant to article 7 shall be punishable by effective , proportionate and dissuasive sanctions , which shall include criminal and non - criminal fines and shall include other sanctions , such as :