### the following paragraphs 5a to 5g are inserted : “5a . the members of the scientific panels shall be appointed by the management board for a renewable five year term of office in accordance with the following procedure : the executive director , after consulting the management board , shall send to the member states the request for the specific multidisciplinary expertise needed in each scientific panel and shall indicate the number of experts to be nominated by the member states . the executive director shall notify the member states of the authority ' s independence policy and implementing rules applicable to scientific panels ' members . member states shall launch a call for interest as a basis for their nominations . the executive director shall inform the management board of the requests sent to the member states . member states shall nominate experts with a view to collectively reach the number indicated by the executive director . each member state shall nominate at least 12 scientific experts . member states may nominate nationals of other member states . on the basis of the nominations made by member states , the executive director shall draw for each scientific panel a list of experts larger than the number of members to be appointed . the executive director may not draw up such a list where he / she can justify that the nominations received do not allow him , given the criteria for selection set up in point d ) of this paragraph , to draw up a larger list . the executive director shall submit the list to the management board for appointment . the nominations by the member states , the selection by the executive director and the appointments by the management board shall be made on the basis of the following criteria : a high level of scientific expertise ; independence and absence of conflict of interests in accordance with article 37 and the authority’s independence policy and implementing rules on the independence of the scientific panels’ members ; meeting the needs for the specific multi - disciplinary expertise of the panel to which they will be appointed and the applicable language regime . the management board shall ensure that the broadest possible geographical distribution is achieved in the final appointments . 5b . when the authority identifies that specific expertise is missing in a panel or several panels , the executive director shall propose additional members of the panel for appointment to the management board in accordance with the procedure laid down in paragraph 5 . 5c . the management board shall adopt , on the basis of a proposal of the executive director , rules on the detailed organisation and timing of the procedures set up in paragraphs 5a and 5b of the present article . 5d . the member states shall put in place measures ensuring that the members of the scientific panels act independently and remain free from conflict of interests as provided for in article 37 and the authority’s internal measures . member states shall ensure that the members of the scientific panels have the means to dedicate the necessary time and effort to contribute to the work of the authority . member states shall ensure that the members of the scientific panels do not receive any instruction at any national level and that their independent scientific contribution to the risk assessment system at union level is recognised as a priority task for the protection of the safety of the food chain . 5e . member states shall ensure that the public bodies employing those scientific experts and those having responsibility for the setting of priorities of the scientific bodies employing those experts implement the measures provided for in paragraph 5d . 5f . the authority shall support the tasks of the panels by organising their work , in particular the preparatory work to be undertaken by the authority’s staff or by designated national scientific organisations referred to in the article 36 including by organising the possibility for preparing scientific opinions to be peer - reviewed by the panels before they adopt them . 5g . each panel shall include a maximum of 21 members . ” , ### the following paragraphs 5a to 5f are inserted : ' 5a . when the authority identifies that specific expertise is missing in a panel or several panels , the executive director shall propose additional members of the panel for appointment to the management board in accordance with the procedure laid down in paragraphs . 5b . the management board shall adopt , on the basis of a proposal of the executive director , rules on the detailed organisation and timing of the procedures setup in paragraphs 5a and 5a of the present article . 5c . members of the scientific panels shall act independently and remain free from conflict of interests as provided for in article 37 and the authority’s internal measures . they shall have the means to dedicate the necessary time and effort to contribute to the work of the authority , shall not receive any instruction at any national level , and their independent scientific contribution to the risk assessment system at union level is shall be recognised as a priority task for the protection of the safety of the food chain . 5d . as appropriate , member states shall ensure that the public bodies employing those scientific experts and those having responsibility for the setting of priorities of the scientific bodies employing those experts implement the measures which are necessary to ensure that the conditions referred to in paragraph 5c are met . 5e . the authority shall support the tasks of the panels by organising their work , in particular the preparatory work to be undertaken by the authority’s staff or by designated national scientific organisations referred to in the article 36 including by organising the possibility for preparing scientific opinions to be peer - reviewed by the panels before they adopt them . 5f . each panel shall include a maximum of 21 members . ” ,


### the number of members in each scientific panel within the maximum provided for in paragraph 5g . ; ### “the number of members in each scientific panel within the maximum provided for in paragraph 5f . ”


### without prejudice to the obligation of applicants for authorisations under food law to demonstrate the safety of a subject matter submitted to a system of authorisation , the commission , in exceptional circumstances , may request the authority to commission scientific studies with the objective of verifying evidence used in its risk assessment process . the studies commissioned may have a wider scope than the evidence subject to verification . ; ### without prejudice to the obligation of applicants for authorisations under food law to demonstrate the safety of a subject matter submitted to a system of authorisation , the authority may , where scientific data and findings are in conflict with each other , commission scientific studies with the objective of verifying evidence used in its risk assessment process , with the aim of obtaining greater assurance about food or feed safety . the studies commissioned may have a wider scope than the evidence subject to verification . ;


### adopt a reasoned decision on the confidentiality request taking into account the observations of the applicant within ten weeks from the date of receipt of the confidentiality request with respect to applications for authorisation and without undue delay in the case of supplementary data and information and notify the applicant and inform the commission and the member states , as appropriate , of its decision ; and , ### adopt a reasoned decision on the confidentiality request taking into account the observations of the applicant within eight weeks from the date of receipt of the confidentiality request with respect to applications for authorisation and without undue delay in the case of supplementary data and information and notify the applicant and inform the commission and the member states , in every case , of its decision ; and ,


### notwithstanding paragraph 1 , disclosure of names and addresses of natural persons involved in testing on vertebrate animals or in obtaining toxicological information shall be deemed to significantly harm the privacy and the integrity of those natural persons and shall not be made publicly available , unless there is an overriding public interest . ### notwithstanding paragraph 1 , disclosure of names and addresses of natural persons involved in testing or in obtaining toxicological information shall be deemed to significantly harm the privacy and the integrity of those natural persons and shall not be made publicly available , unless there is an overriding public interest .


### notwithstanding paragraph 1 , disclosure of names and addresses of natural persons involved in testing on vertebrate animals or in obtaining toxicological information shall be deemed to significantly harm the privacy and the integrity of those natural persons and shall not be made publicly available , unless there is an overriding public interest . ### notwithstanding paragraph 1 , disclosure of names and addresses of natural persons involved in testing on vertebrate animals or in obtaining toxicological information shall be deemed to significantly harm the privacy and the integrity of those natural persons , constituting a threat to their independence and autonomous judgement , and shall not be made publicly available , unless there is an overriding public interest .


### the information systems operated by the authority to store its data , including confidential and personal data shall be designed to a high level of security appropriate to the security risks at stake , taking into account articles 39 to 39f of this regulation . access shall be based at the minimum on a system requiring two factor authentication or providing an equivalent level of security . the system shall ensure that any access to it is fully auditable . ; ### the information systems operated by the authority to store its data , including confidential and personal data shall be designed in a way that guarantees that the highest standards of security appropriate to the security risks at stake will be attained , taking into account articles 39 to 39f of this regulation . access shall be based at the minimum on a system requiring two factor authentication or providing an equivalent level of security . the system shall ensure that any access to it is fully auditable . ;


### each year the institution shall forward a report to the european parliament and the council containing a summary of the number and type of internal audits carried out , the recommendations made and the action taken on those recommendations . ### article 99 is replaced by the following : 5 . each year the institution shall report on request to the european parliament and the council on internal audits carried out , the recommendations made and the action taken on those recommendations . '


### regulation 2018 / xxx of the european parliament and of the council [ new cpr ] 16 sets out common rules applicable to various funds including the european regional development fund , the european social fund plus , the cohesion fund , the european maritime and fisheries fund , the asylum and migration fund , the internal security fund and the border management and visa instrument which operate under a common framework . __________________ 16 [ full reference - new cpr ] . ### regulation 2018 / xxx of the european parliament and of the council [ new cpr ] 16 sets out common rules applicable to various funds including the european regional development fund , the european social fund plus , the cohesion fund , the european agricultural fund for rural development , the european maritime and fisheries fund , the asylum and migration fund , the internal security fund and the border management and visa instrument which operate under a common framework . __________________ 16 [ full reference - new cpr ] .


### horizontal principles as set out in article 3 of the treaty on european union and in article 10 of the tfeu , including principles of subsidiarity and proportionality as set out in article 5 of the teu , should be respected in the implementation of the erdf and the cohesion fund , taking into account the charter of fundamental rights of the european union . member states should also respect the obligations of the un convention on the rights of persons with disabilities and ensure accessibility in line with its article 9 and in accordance with the union law harmonising accessibility requirements for products and services . member states and the commission should aim at eliminating inequalities and at promoting equality between men and women and integrating the gender perspective , as well as at combating discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . the funds should not support actions that contribute to any form of segregation . the objectives of the erdf and the cohesion fund should be pursued in the framework of sustainable development and the union ' s promotion of the aim of preserving , protecting and improving the quality of the environment as set out in articles 11 and 191 of the tfeu , taking into account the polluter pays principle . in order to protect the integrity of the internal market , operations benefitting undertakings shall comply with state aid rules as set out in articles 107 and 108 of the tfeu . ### horizontal principles as set out in article 3 of the treaty on european union and in article 10 of the tfeu , including principles of subsidiarity and proportionality as set out in article 5 of the teu , should be respected in the implementation of the erdf and the cohesion fund , taking into account the charter of fundamental rights of the european union and the united nations sustainable development goals . member states should also respect the obligations of the un convention on the rights of persons with disabilities and ensure accessibility in line with its article 9 and in accordance with the union law harmonising accessibility requirements for products and services . member states and the commission should aim at eliminating inequalities and at promoting equality between men and women and integrating the gender mainstreaming and gender equality , as well as at combating discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . the funds should not support actions that contribute to any form of segregation . the objectives of the erdf and the cohesion fund should be pursued in the framework of sustainable development and the union ' s promotion of the aim of preserving , protecting and improving the quality of the environment as set out in articles 11 and 191 of the tfeu , taking into account the polluter pays principle . in order to protect the integrity of the internal market , operations benefitting undertakings shall comply with state aid rules as set out in articles 107 and 108 of the tfeu .


### in order to enable the erdf to provide support under etc / interreg in terms of both investments in infrastructure and the associated investments , training and integration activities , it is necessary to provide that the erdf may also provide support for activities under the specific objectives of the esf + , set up under regulation 2018 / xxx of the european parliament and of the council [ new esf + ] 18 . __________________ 18 [ full reference - new esf + ] . ### in order to enable the erdf to provide support under etc / interreg in terms of both investments in infrastructure and the associated investments , training and integration activities , for the improvement and development of administrative skills and competences , it is necessary to provide that the erdf may also provide support for activities under the specific objectives of the esf + , set up under regulation 2018 / xxx of the european parliament and of the council [ new esf + ] 18 . __________________ 18 [ full reference - new esf + ] .


### the erdf should help to redress the main regional imbalances in the union and to reduce disparities between the levels of development of the various regions and the backwardness of the least favoured regions including those facing challenges due to the decarbonisation commitments . erdf support under the investment for jobs and growth goal should therefore be concentrated on key union priorities in line with policy objectives laid down in regulation 2018 / xxx [ new cpr ] . therefore support from the erdf should be concentrated on the policy objectives of ' a smarter europe by promoting innovative and smart economic transformation ' and ' a greener , low - carbon europe by promoting clean and fair energy transition , green and blue investment , the circular economy , climate adaptation and risk prevention and management ' . that thematic concentration should be attained at national level while allowing for flexibility at the level of individual programmes and between the three groups of member states formed according to respective gross national income . in addition , the methodology to classify member states should be set out in detail taking into account the specific situation of the outermost regions . ### the erdf should help to redress the main regional imbalances in the union and to reduce disparities between the levels of development of the various regions and the backwardness of the least favoured and less developed regions including those facing challenges due to the decarbonisation commitments . erdf support under the investment for jobs and growth goal should therefore be concentrated on key union priorities in line with policy objectives laid down in regulation 2018 / xxx [ new cpr ] . therefore support from the erdf should be concentrated on the policy objectives of ' a smarter europe by promoting innovative and smart economic transformation ' and ' a greener , low - carbon europe by promoting clean and fair energy transition , green and blue investment , the circular economy , climate adaptation and risk prevention and management ' . that thematic concentration should be attained at national level while allowing for flexibility at the level of individual programmes and between the three groups of regions formed according to respective gross domestic product . in addition , the methodology to classify member states should be set out in detail taking into account the specific situation of the outermost regions .


### the erdf should help to redress the main regional imbalances in the union and to reduce disparities between the levels of development of the various regions and the backwardness of the least favoured regions including those facing challenges due to the decarbonisation commitments . erdf support under the investment for jobs and growth goal should therefore be concentrated on key union priorities in line with policy objectives laid down in regulation 2018 / xxx [ new cpr ] . therefore support from the erdf should be concentrated on the policy objectives of ' a smarter europe by promoting innovative and smart economic transformation ' and ' a greener , low - carbon europe by promoting clean and fair energy transition , green and blue investment , the circular economy , climate adaptation and risk prevention and management ' . that thematic concentration should be attained at national level while allowing for flexibility at the level of individual programmes and between the three groups of member states formed according to respective gross national income . in addition , the methodology to classify member states should be set out in detail taking into account the specific situation of the outermost regions . ### the erdf should help to redress the main regional imbalances in the union and to reduce disparities between the levels of development of the various regions and the backwardness of the least favoured regions including those facing challenges due to the decarbonisation commitments . erdf support under the investment for jobs and growth goal should therefore be concentrated on key union priorities in line with policy objectives laid down in regulation 2018 / xxx [ new cpr ] . therefore support from the erdf should be concentrated on the policy objectives of ' a smarter europe by promoting innovative and smart economic transformation ' and ' a greener , low - carbon europe by promoting clean and fair energy transition , green and blue investment , the circular economy , climate adaptation and risk prevention and management ' . said thematic concentration should be attained at national level , allowing margins for flexibility at the level of individual programmes and between various categories of regions , taking account too of different levels of development . in addition , the methodology to classify the regions should be set out in detail taking into account the specific situation of the outermost regions .


### this regulation should set out the different types of activities the costs of which may be supported by means of investments from the erdf and the cohesion fund , under their respective objectives as set out in the tfeu . the cohesion fund should be able to support investments in the environment and in ten - t . with regard to the erdf , the list of activities should be simplified and it should be able to support investments in infrastructure , investments in relation to access to services , productive investments in sme ' s , equipment , software and intangible assets , as well as measures with regard to information , communication , studies , networking , cooperation , exchange of experiences and activities involving clusters . in order to support the programme implementation , both funds should also be able to support technical assistance activities . finally , in order to support provide for a broader range of interventions for interreg programmes , the scope should be enlarged to also include the sharing a broad range of facilities and human resources and costs linked to measures within the scope of the esf + . ### this regulation should set out the different types of activities the costs of which may be supported by means of investments from the erdf and the cohesion fund , under their respective objectives as set out in the tfeu . the cohesion fund should be able to support investments in the environment and in ten - t . with regard to the erdf , the list of activities should be simplified and it should be able to support investments in infrastructure , investments in relation to access to services , productive investments in sme ' s , equipment , software and intangible assets , as well as measures with regard to information , communication , studies , networking , cooperation , exchange of experiences and activities involving clusters . in order to support the programme implementation , both funds should also be able to support technical assistance activities including for the improvement and development of administrative skills and competences . finally , in order to support provide for a broader range of interventions for interreg programmes , the scope should be enlarged to also include the sharing a broad range of facilities and human resources and costs linked to measures within the scope of the esf + .


### for the purposes of this article , the gross national income ratio means the ratio between the gross national income per capita of a member state , measured in purchasing power standards and calculated on the basis of union figures for the period from 2014 to 2016 , and the average gross national income per capita in purchasing power standards of the 27 member states for that same reference period . ### for the purposes of this article , the classification of a region under one of the three categories of regions shall be determined on the basis of the ratio between the gross domestic product per capita of each region , measured in purchasing power parity and calculated on the basis of union figures for the period from 2014 to 2016 , and the average gdp of the eu27 for that same reference period .


### for the purposes of this article , the gross national income ratio means the ratio between the gross national income per capita of a member state , measured in purchasing power standards and calculated on the basis of union figures for the period from 2014 to 2016 , and the average gross national income per capita in purchasing power standards of the 27 member states for that same reference period . ### for the purposes of this article , the classification of a region in one of the three categories of regions shall be determined on the basis of the ratio of the gdp per capita of each region , measured in purchasing power parities and calculated on the basis of union data for the period 2014 to 2016 , and the average gdp of the eu - 27 for the same reference period .


### member states of group 1 shall allocate at least 85 % of their total erdf resources under priorities other than for technical assistance to po 1 and po 2 , and at least 60 % to po 1 ; ### for the category of more developed regions : at least 85 % of their total erdf resources under priorities other than for technical assistance to po 1 and po 2 , and at least 60 % to po 1 ;


### member states of group 1 shall allocate at least 85 % of their total erdf resources under priorities other than for technical assistance to po 1 and po 2 , and at least 60 % to po 1 ; ### member states of group 1 shall allocate at least 85 % of their total erdf resources under priorities other than for technical assistance to po 1 and po 2 , and at least 30 % to po 2 ;


### member states of group 3 shall allocate at least 35 % of their total erdf resources under priorities other than for technical assistance to po 1 , and at least 30 % to po 2 . ### member states of group 3 shall allocate at least 30 % of their total erdf resources under priorities other than for technical assistance to po 1 , and at least 25 % to po 2 .


### technical assistance . ### technical assistance , including improvement and development of administrative skills and competences of local authorities in managing these funds .


### member states shall ensure an appropriate balance between investments under points and . ### member states shall ensure an appropriate balance between investments under points , , and .


### investment in airport infrastructure except for outermost regions ; ### investment in airport infrastructure except for outermost regions and regions which suffer from severe and permanent natural or demographic handicaps in line with article 174 tfeu ;


### in addition , the cohesion fund shall not support investment in housing unless related to the promotion of energy efficiency or renewable energy use . ### in addition , the cohesion fund shall not support investment in housing unless related to the promotion of energy efficiency , renewable energy use , or water usage .


### aviation plays a crucial role in union ' s economy . it is a strong driver for economic growth , jobs , trade and mobility . over the past decades , growth in air transport services significantly contributed to improving connectivity within the union and with third countries and has been a significant enabler of union economy at large . ### aviation plays a crucial role in union ' s economy and the everyday lives of european union citizens . it is a strong driver for economic growth , jobs , trade , as well as connectivity and mobility for businesses and citizens alike . over the past decades , growth in air transport services significantly contributed to improving connectivity within the union and with third countries and has been a significant enabler of union economy at large .


### union air carriers are at the centre of a global network connecting europe internally and with the rest of the world . they should be enabled to compete against third countries air carriers in an environment of open and fair competition between all air carriers . this would contribute to maintaining conditions conducive to a high level of union ' s connectivity . ### union air carriers are at the centre of a global network connecting europe internally and with the rest of the world . they should be enabled to compete against third countries air carriers in an environment of open and fair competition between all air carriers taking into account regulatory issues such as labour conditions and environmental protection . this would contribute to maintaining conditions conducive to a high level of union ' s connectivity .


### union air carriers are at the centre of a global network connecting europe internally and with the rest of the world . they should be enabled to compete against third countries air carriers in an environment of open and fair competition between all air carriers . this would contribute to maintaining conditions conducive to a high level of union ' s connectivity . ### union air carriers are at the centre of a global network connecting europe internally and with the rest of the world . they should be enabled to compete against third countries air carriers in an environment of open , equal and fair competition between all air carriers . this would contribute to protecting jobs and the competitiveness of european airlines and to maintaining conditions conducive to a high level of union ' s connectivity .


### fair competition between air carriers can also be ensured through appropriate union legislation such as council regulation no 95 / 9320 and council directive 96 / 97 / ec21 . insofar as fair competition supposes protection of union air carriers from certain practices adopted by third countries or third country carriers , this issue is currently addressed in regulation no 868 / 2004 of the european parliament and of the council22 . however , regulation no 868 / 2004 has proven insufficiently effective , in respect of its underlying general aim of fair competition . this is notably due to certain of its rules pertaining notably to the definition of the practices concerned , other than subsidisation , and to the requirements regarding the initiation and conduct of investigations . in addition , regulation no 868 / 2004 fails to provide for a dedicated union internal procedure in respect of obligations contained in air transport or air services agreements to which the union is a party and intended to ensure fair competition . given the number and importance of the amendments that would be necessary to address these issues , it is appropriate to replace regulation no 868 / 2004 by a new act . __________________ 20 council regulation no 95 / 93 of 18 january 1993 on common rules for the allocation of slots at community airports . 21 council directive 96 / 67 / ec of 15 october 1996 on access to the groundhandling market at community airports . 22 regulation no 868 / 2004 of the european parliament and of the council of 21 april 2004 concerning protection against subsidisation and unfair pricing practices causing injury to community air carriers in the supply of air services from countries not members of the european community . ### fair competition between air carriers can also be ensured through appropriate union legislation such as council regulation no 95 / 9320 and council directive 96 / 97 / ec21 . insofar as fair competition supposes protection of union air carriers from certain practices adopted by third countries or third country carriers , this issue is currently addressed in regulation no 868 / 2004 of the european parliament and of the council22 . however , regulation no 868 / 2004 has proven totally ineffective , in respect of its underlying general aim of fair competition . this is notably due to certain of its rules pertaining notably to the definition of the practices concerned , other than subsidisation , and to the requirements regarding the initiation and conduct of investigations . in addition , regulation no 868 / 2004 fails to provide for a dedicated union internal procedure in respect of obligations contained in air transport or air services agreements to which the union is a party and intended to ensure fair competition . given the number and importance of the amendments that would be necessary to address these issues , it is appropriate to replace regulation no 868 / 2004 by a new act . __________________ 20 council regulation no 95 / 93 of 18 january 1993 on common rules for the allocation of slots at community airports . 21 council directive 96 / 67 / ec of 15 october 1996 on access to the groundhandling market at community airports . 22 regulation no 868 / 2004 of the european parliament and of the council of 21 april 2004 concerning protection against subsidisation and unfair pricing practices causing injury to community air carriers in the supply of air services from countries not members of the european community .


### effective , proportionate and dissuasive legislation remains necessary in order to maintain conditions conducive to a high level of union connectivity and to ensure fair competition with third countries air carriers . to that end , the commission should be entrusted with the power to conduct an investigation and to take measures where necessary . such measures should be available either where relevant obligations under an agreement to which the union is a party are violated , or where practices affecting competition cause or threaten to cause injury to union air carriers . ### effective , proportionate and dissuasive legislation remains necessary in order to maintain conditions conducive to a high level of union connectivity and to ensure fair competition with third countries air carriers , thus preserving jobs in union airlines . to that end , the commission should be entrusted with the power to conduct an investigation and to take measures where necessary . such measures should be available either where relevant obligations under an agreement to which the union is a party are violated , or where practices affecting competition cause or threaten to cause injury to union air carriers .


### proceedings should not be initiated or should be concluded without redressive measures under this regulation where the adoption of the latter would be against the union interest , having regard to their impact on other persons , notably consumers or undertakings in the union . proceedings should also be concluded without measures where the requirements for such measures are not , or no longer met . ### proceedings may be concluded without redressive measures under this regulation where the adoption of the latter would be against the union interest , having regard to their impact on other persons , notably consumers or undertakings in the union . proceedings should also be concluded without measures where the requirements for such measures are not , or no longer met .


### an investigation shall be initiated following a written complaint submitted by a member state , a union air carrier or an association of union air carriers in accordance with paragraph 2 , or on the commission ' s own initiative , if there is prima facie evidence of either of the following : ### an investigation shall be initiated following a written complaint submitted by a member state , a union air carrier or an association of union air carriers in accordance with paragraph 2 , a national consumer organisation , or on the commission ' s own initiative , if there is prima facie evidence of either of the following :


### an investigation shall be initiated following a written complaint submitted by a member state , a union air carrier or an association of union air carriers in accordance with paragraph 2 , or on the commission ' s own initiative , if there is prima facie evidence of either of the following : ### an investigation shall be initiated following a written complaint submitted by a member state , a union air carrier or an association of union air carriers in accordance with paragraph 2 , or on the commission ' s own initiative , if there are reasonable and factual indications of either of the following :


### a complaint shall include prima facie evidence of one of the cases referred to in paragraph 1 . ### a complaint shall include reasonable and factual indications of one of the cases referred to in paragraph 1 .


### where the evidence presented is insufficient for the purposes of paragraph 1 , the commission shall inform the complainant about the insufficiency within 60 days of the date on which the complaint was lodged . the complainant shall be given 30 days to provide additional evidence . where the complainant fails to do so within that time limit , the commission may decide not to initiate the investigation . ### where the evidence presented is insufficient for the purposes of paragraph 1 , the commission shall inform the complainant about the insufficiency within 60 days of the date on which the complaint was lodged . the complainant shall be given 60 days to provide additional information . where the complainant fails to do so within that time limit , the commission may decide not to initiate the investigation .


### whether a practice affecting competition , adopted by a third country or a third country entity , has caused injury or threat of injury to the union air carrier concerned . ### whether a practice affecting competition , adopted by a third country or a third country entity , has caused injury or threat of injury to the union air carrier concerned or where irregular behaviour restricting competition had a negative impact on the internal market of the european union .


### if it appears necessary , the commission may carry out investigations in the territory of the third country concerned , provided that the government of the third country concerned and the third country entity concerned have been officially notified and have given their consent . ### if it appears necessary , the commission may carry out investigations in the territory of the third country concerned or of another third country , provided that the government of the third country concerned and the third country entity concerned have been officially notified .


### complainants , interested parties , the member state concerned and the representatives of the third country or third country entity concerned may consult all information made available to the commission , except for internal documents that are for the use of the commission and the administrations , provided that such information is not confidential within the meaning of article 6 and provided that it has addressed a request in writing to the commission . ### complainants , interested parties , the member state concerned , the competent committees of the european parliament and the representatives of the third country or third country entity concerned may consult all information made available to the commission , except for internal documents that are for the use of the commission and the administrations , provided that such information is not confidential within the meaning of article 6 and provided that it has addressed a request in writing to the commission .


### in cases where access to the necessary information is refused or is otherwise not provided within the appropriate time limits , or where the investigation is significantly impeded , findings shall be made on the basis of the available facts . where the commission finds that false or misleading information has been submitted , such information shall be disregarded . ### in cases where access to the necessary information is refused or is otherwise not provided within the appropriate time limits , where a third country concerned has not granted access to its territory in order to conduct investigations or where the investigation is significantly impeded , findings shall be made on the basis of the available facts . where the commission finds that false or misleading information has been submitted , such information shall be disregarded .


### the proceedings shall be concluded within two years . that period may be prolonged in duly justified cases . ### the proceedings shall be concluded within an 18 month period following the initiation of an investigation . that period may be prolonged within a set timeline in duly justified cases .


### the commission may suspend the proceedings where the third country or the third country entity concerned has taken decisive steps to eliminate , as the case may be : ### the commission may , with the right of appeal by injured parties , suspend the proceedings where the third country or the third country entity concerned has taken decisive steps to eliminate , as the case may be :


### if the violation of applicable international obligations or the practice affecting competition , the injury or the threat of injury to the union air carrier concerned has not been eliminated following a reasonable period of time , the commission may resume the proceedings . ### if the violation of applicable international obligations or the practice affecting competition , the injury or the threat of injury to the union air carrier concerned has not been eliminated following a reasonable period of time , the commission shall resume the proceedings .


### the commission shall , by means of implementing acts , terminate the investigation conducted under article 4 without adopting redressive measures in any of the following cases : ### the commission shall , by means of delegated acts , terminate the investigation conducted under article 4 without adopting redressive measures in any of the following cases :


### the commission shall , by means of implementing acts , terminate the investigation conducted in accordance with article 4 without adopting redressive measures where : ### the commission shall , by means of delegated acts , terminate the investigation conducted in accordance with article 4 without adopting redressive measures where :


### the public should be able to scrutinise all the activities of a group when the group has certain establishments within the union . for groups which carry out activities within the union only through subsidiary undertakings or branches , subsidiaries and branches should publish and make accessible the report of the ultimate parent undertaking . however for reasons of proportionality and effectiveness , the obligation to publish and make accessible the report should be limited to medium - sized or large subsidiaries established in the union , or branches of a comparable size opened in a member state . the scope of directive 2013 / 34 / eu should therefore be extended accordingly to branches opened in a member state by an undertaking which is established outside the union . ### the public should be able to scrutinise all the activities of a group when the group has certain establishments within and outside the union . multinational undertakings are operating worldwide and their corporate behaviour has a substantial impact on developing countries . providing their citizens access to corporate country - by - country information would allow them and tax administrations in their countries to monitor , assess and / or hold those companies to account . by making the information public for each tax jurisdiction where the multinational undertaking has operations , the union would increase its policy coherence for development and limit potential tax avoidance schemes in countries where domestic resources mobilization has been identified as a key component of the development policy of the union .


### in order to ensure a level of detail that enables citizens to better assess the contribution of multinational undertakings to welfare in each member state , the information should be broken down by member state . moreover , information concerning the operations of multinational enterprises should also be shown with a high level of detail as regards certain tax jurisdictions which pose particular challenges . for all other third country operations , the information should be given in an aggregate number . ### in order to ensure a level of detail that enables citizens to better assess the contribution of multinational undertakings to welfare in each jurisdiction in which they operate , both within and outside the union , the information should be broken down by jurisdiction .


### the report on income tax information shall be made accessible to the public on the website of the undertaking on the date of its publication . ### the report on income tax information shall be published in a common template available in an open data format and made accessible to the public on the website of the undertaking on the date of its publication in at least one of the official languages of the union . on the date of publication of the report on income tax information , the undertaking shall also file the report in a public registry managed by the commission .


### the report on income tax information shall be published and made accessible on the website in at least one of the official languages of the union . ### the report on income tax information shall be published in a common template available in an open data format and made accessible on the website in at least one of the official languages of the union . on the date of publication of the report on income tax information , the undertaking shall also file the report in a public registry managed by the commission .


### member states shall require the medium - sized and large subsidiary undertakings referred to in article 3 and which are governed by their national laws and controlled by an ultimate parent undertaking which has a consolidated net turnover exceeding eur 750 000 000 and which is not governed by the law of a member state , to publish the report on income tax information of that ultimate parent undertaking on an annual basis . ### member states shall require subsidiary undertakings which are governed by their national laws and controlled by an ultimate parent undertaking which has a consolidated net turnover exceeding eur 40 000 000 and which is not governed by the law of a member state , to publish the report on income tax information of that ultimate parent undertaking on an annual basis .


### member states shall apply the rules set out in paragraph 4 only to a branch where the following criteria are met : the undertaking which opened the branch is either an affiliated undertaking of a group which is controlled by an ultimate parent undertaking not governed by the law of a member state and which has a consolidated net turnover exceeding eur 750 000 000 or an undertaking that is not an affiliated and which has a net turnover exceeding eur 750 000 000 ; the ultimate parent undertaking referred to in point does not have a medium - sized or large subsidiary undertaking as referred to in paragraph 3 . ### member states shall apply the rules set out in paragraph 4 only to a branch where the undertaking which opened the branch is either an affiliated undertaking of a group which is controlled by an ultimate parent undertaking not governed by the law of a member state and which has a consolidated net turnover exceeding eur 40 000 000 or an undertaking that is not an affiliated and which has a net turnover exceeding eur 40 000 000 .


### a brief description of the nature of the activities ; ### name or names , a brief description of the nature of the activities and geographical location ;


### the amount of the net turnover , which includes the turnover made with related parties ; ### the amount of the net turnover , including a subdivision between the turnover made with related parties and the turnover made with unrelated parties ;


### the report shall also present the information referred to in paragraph 2 of this article separately for each tax jurisdiction which , at the end of the previous financial year , is listed in the common union list of certain tax jurisdictions drawn up pursuant to article 48g , unless the report explicitly confirms , subject to the responsibility referred to in article 48e below , that the affiliated undertakings of a group governed by the laws of such tax jurisdiction do not engage directly in transactions with any affiliated undertaking of the same group governed by the laws of any member state . ### the report shall also present the information referred to in paragraph 2 of this article separately for each tax jurisdiction outside the union .


### member states shall ensure that the members of the administrative , management and supervisory bodies of the subsidiary undertakings referred to in article 48b of this directive and the person designated to carry out the disclosure formalities provided for in article 13 of directive 89 / 666 / eec for the branch referred to in article 48b of this directive , acting within the competences assigned to them by national law , have collective responsibility for ensuring that , to the best of their knowledge and ability , the report on income tax information is drawn up , published and made accessible in accordance with articles 48b , 48c and 48d . ### member states shall ensure that the members of the administrative , management and supervisory bodies of the subsidiary undertakings referred to in article 48b of this directive and the person designated to carry out the disclosure formalities provided for in article 13 of directive 89 / 666 / eec for the branch referred to in article 48b of this directive , acting within the competences assigned to them by national law , have collective responsibility for ensuring that the report on income tax information is drawn up , published and made accessible in accordance with articles 48b , 48c and 48d .


### in the area of ict standardisation , regulation no 1025 / 2012 of the european parliament and of the council refers to interoperability as an essential outcome of standardisation . ### in the area of ict standardisation , regulation no 1025 / 2012 of the european parliament and of the council refers to interoperability as an essential outcome of standardisation . when developing standards within the framework of the isa2 programme established by decision no 922 / 2009 / ec of the european parliament and of the council17a , particular attention should be paid to the provisions relating to the involvement of social and societal stakeholders laid down in that regulation . ___________________ 17a decision no 922 / 2009 / ec of the european parliament and of the council of 16 september 2009 on interoperability solutions for european public administrations . oj l 260 , 3 . 10 . 2009 , p . 20 .


### in public procurement , directives 2014 / 25 / eu19 , 2014 / 24 / eu20 and 2014 / 23 / eu21 of the european parliament and of the council of 28 march 2014 require member states to implement electronic procurement . they state that the tools and devices to be used for communicating by electronic means , as well as their technical characteristics , have to be interoperable with the information and communication technology products in general use . moreover , directive 2014 / 55 / eu22 on electronic invoicing in public procurement adopted by the parliament on 11 march 2014 concerns the development of a european standard for electronic invoicing in public procurement to ensure interoperability between electronic invoicing systems across the eu . __________________ 19 directive 2014 / 25 / eu of the european parliament and of the council of 26 february 2014 on procurement by entities operating in the water , energy , transport and postal services sectors and repealing directive 2004 / 17 / ec . oj l 94 , 28 . 3 . 2014 , p243 . 20 directive 2014 / 24 / eu of the european parliament and of the council of 26 february 2014 on public procurement and repealing directive 2004 / 18 / ec . oj l 94 , 28 . 3 / . 014 , p65 - 242 . 21 directive 2014 / 23 / eu of the european parliament and of the council of 26 february 2014 on the award of concession contracts . oj l 94 , 28 . 3 . 2014 , p1 - 64 . 22directive 2014 / 55 / eu of the european parliament and of the council of 16 april 2014 on electronic invoicing in public procurement . oj l 133 , 6 . 5 . 2014 , p . 1 . ### in public procurement , directives 2014 / 25 / eu19 , 2014 / 24 / eu20 and 2014 / 23 / eu21 of the european parliament and of the council of 28 march 2014 require member states to implement electronic procurement to improve the efficiency and transparency of public procurement procedures . they state that the tools and devices to be used for communicating by electronic means , as well as their technical characteristics , have to be interoperable with the information and communication technology products in general use . this means immense budgetary savings and the establishment of a level playing field , in particular for small and medium - sized enterprises and entrepreneurs . moreover , directive 2014 / 55 / eu22 on electronic invoicing in public procurement adopted by the parliament on 11 march 2014 concerns the development of a european standard for electronic invoicing in public procurement to ensure interoperability between electronic invoicing systems across the eu . __________________ 19 directive 2014 / 25 / eu of the european parliament and of the council of 26 february 2014 on procurement by entities operating in the water , energy , transport and postal services sectors and repealing directive 2004 / 17 / ec . oj l 94 , 28 . 3 . 2014 , p243 . 20 directive 2014 / 24 / eu of the european parliament and of the council of 26 february 2014 on public procurement and repealing directive 2004 / 18 / ec . oj l 94 , 28 . 3 / . 014 , p65 - 242 . 21 directive 2014 / 23 / eu of the european parliament and of the council of 26 february 2014 on the award of concession contracts . oj l 94 , 28 . 3 . 2014 , p1 - 64 . 22 directive 2014 / 55 / eu of the european parliament and of the council of 16 april 2014 on electronic invoicing in public procurement . oj l 133 , 6 . 5 . 2014 , p . 1 .


### a single sector interoperability perspective is associated with the risk that the adoption of different or incompatible solutions at national or sectoral levels will throw up new e - barriers that impede the proper functioning of the internal market and the associated freedoms of movement , and undermine the openness and competitiveness of markets and the delivery of services of general interest to citizens and enterprises . in order to mitigate this risk , member states and the union should step up joint efforts to avoid market fragmentation and ensure cross - border or cross - sector interoperability in the implementation of legislation , while reducing administrative burdens and costs , and promote commonly agreed ict solutions , while ensuring appropriate governance . ### a single sector interoperability perspective is associated with the risk that the adoption of different or incompatible solutions at national or sectoral levels will throw up new e - barriers that impede the proper functioning of the internal market and the associated freedoms of movement , and undermine the openness and competitiveness of markets , particularly public procurement markets , and the delivery of services of general interest to citizens and enterprises . however , it is important to recognise that there is a need for a targeted approach to the adoption of solutions regarding interoperability , given the different challenges posed by different policy objectives .


### solutions established or operated under the present isa2 programme should , as far as possible , form part of a consistent environment of services facilitating interaction between european public administrations , enterprises and citizens , and ensuring , facilitating and enabling cross - border or cross - sector interoperability . ### solutions established or operated under the present isa2 programme should , as far as possible , form part of a consistent environment of services facilitating interaction between european public administrations , enterprises and citizens , and ensuring , facilitating and enabling cross - border or cross - sector interoperability . such solutions should provide clear added value in terms of the facilitation or enabling of cross - border or cross - sector interoperability . member states and the commission should , in conjunction , put in place targeted programmes to ensure that , where necessary , policies with a cross - border or a cross - sector dimension are implemented appropriately through the development of interoperable systems .


### citizens and enterprises should also benefit from common , re - usable and interoperable front - office services resulting from better integration of processes and exchange of data through the european public administrations’ back - offices . ### citizens and enterprises should also benefit from common , re - usable and interoperable front - office services resulting from better integration of processes and exchange of data through the european public administrations’ back - offices . the ' once only ' principle , for supplying data only once to public administrations , should be promoted in order to reduce the administrative burden on citizens and businesses . in addition , in order for citizens to have confidence in e - services , solutions to provide secure communication through , in particular , e - authentication and encryption should be promoted .


### the isa2 programme should be an instrument for public - sector modernisation in the union . ### the isa2 programme is one of the many instruments for the encouragement of public - sector modernisation in the union . modernising european administrations and increasing their interoperability is a prerequisite for the completion of the digital single market , which will lead to the modernisation of traditional industry , and which has estimated gains of eur 500 billion in additional annual growth , and which can give a substantial boost to job creation in the union . member states should continue to modernise their administrations by improving business processes and ict infrastructures . this decision should be in line with the commission ' s commitment to enable european citizens fully to benefit from interoperable e - services , from e - government to e - health , prioritising the removal of obstacles such as unconnected e - services in order to make the single market freedoms of the union ' go digital ' .


### regulation no 1303 / 2013 includes a thematic objective of ‘ enhancing institutional capacity of public authorities and stakeholders and an efficient public administration’ . in this context , the isa2 programme should tie in with programmes and initiatives contributing to the modernisation of public administrations like e . g . the dae , and related networks like e . g . the european public administration network and seek synergies with them . ### regulation no 1303 / 2013 includes a thematic objective of ‘ enhancing institutional capacity of public authorities and stakeholders and an efficient public administration’ . in this context , the isa2 programme should tie in with programmes and initiatives contributing to the modernisation of public administrations like e . g . the dae , and related networks like e . g . the european public administration network and seek synergies with them . those programmes and initiatives should also ensure that the personnel of european public administrations receive the necessary training to implement interoperability solutions and that member states have the necessary financial and human resources .


### interoperability of european public administrations concerns all levels of administration : european , local , regional and national . it is therefore important that solutions take into account their respective needs , as well as those of citizens and enterprises where relevant . ### interoperability of european public administrations concerns all levels of administration : european , local , regional and national . it is therefore important that solutions take into account their respective needs , including those of citizens , enterprises and other stakeholders , and in particular small and medium - sized enterprises , given their valuable contribution to the union economy .


### the isa2 programme should contribute to the implementation of any follow - on initiatives in the context of europe 2020 and the dae . in order to avoid any duplication of effort , it should take account of other union programmes in the field of ict solutions , services and infrastructures , in particular the cef laid down in regulation 1316 / 2013 / eu and horizon 2020 laid down in regulation no 1291 / 2013 . ### the isa2 programme should contribute to the implementation of any follow - on initiatives in the context of europe 2020 and the dae . in order to avoid any duplication of effort , it should take account of other union programmes in the field of ict solutions , services and infrastructures , in particular the cef laid down in regulation no 1316 / 2013 and horizon 2020 laid down in regulation no 1291 / 2013 . the commission should coordinate those actions when implementing the isa2 programme and when planning future initiatives which would affect interoperability .


### the commission should adopt immediately applicable implementing acts where , in duly justified cases relating to the established rolling work programme , imperative grounds of urgency so require . ### the commission should adopt immediately applicable implementing acts where , in duly justified cases relating to the established rolling work programme , such as an interruption in the service , for example , imperative grounds of urgency so require .


### this decision establishes , for 2016 - 20 , a programme on interoperability solutions for european public administrations , businesses and citizens . the isa2 programme shall facilitate efficient and effective electronic cross - border or cross - sector interaction between european public administrations and between them and citizens and businesses , in order to enable the delivery of electronic public services supporting the implementation of union policies and activities . ### this decision establishes , for 2016 - 20 , a programme on interoperability solutions for european public administrations , businesses and citizens . 1a . the isa2 programme shall facilitate efficient and effective electronic cross - border or cross - sector interaction between european public administrations and between them and citizens and businesses , in order to enable the delivery of electronic public services supporting the implementation of union policies and activities . the isa2 programme shall take into account social , economic and other aspects of interoperability , as well as the specific situation of micro , small and medium - sized enterprises , in order to improve interaction between european public administrations on the one hand , and businesses and citizens on the other . the isa2 programme shall respect the right of citizens and businesses to use solutions other than online solutions . the isa2 programme shall contribute to the development of a more effective , simplified and user - friendly e - administration at the national , regional and local levels of public administration .


### - strategic and awareness - raising measures ; ### - strategic measures ;


### the assessment of the ict implications of proposed or adopted union legislation ; ### the assessment of the ict implications of planned , proposed or adopted union legislation , with , where appropriate , an assessment of the need to enlarge the scope and mandate of the european agency for the operational management of large scale it systems in the area of freedom , security and justice ;


### the identification of legislation gaps that hamper interoperability between european public administrations ; ### the identification of legislation gaps at union and national level that hamper cross - border or cross - sector interoperability between european public administrations ;


### the development of mechanisms that will measure and quantify the benefits of interoperability solutions . ### the development of mechanisms that will measure and , where applicable , quantify the benefits of interoperability solutions .


### in addition , the isa2 programme may act as a ‘ solution incubator’ , piloting new interoperability solutions , and as a ’solution bridge’ , operating existing interoperability solutions . ### in addition , the isa2 programme may act as a ‘ solution incubator’ , piloting new interoperability solutions , and as a ’solution bridge’ , developing or supporting existing interoperability solutions .


### in addition , the isa2 programme may act as a ‘ solution incubator’ , piloting new interoperability solutions , and as a ‘ solution bridge’ , operating existing interoperability solutions . ### the isa2 programme may act as a ‘ solution incubator’ , piloting new interoperability solutions , and as a ‘ solution bridge’ , operating existing interoperability solutions .


### the phases of specific projects shall be defined and specified at the time when the action is included in the rolling work programme . ### the phases of specific projects may be defined and specified at the time when the action is included in the rolling work programme . it shall be possible to terminate a project at any point if it is no longer needed or considered effective .


### involvement of the largest possible number of member states in a project shall be encouraged . member states shall be able , and encouraged , to join a project at any stage . ### selection criteria : involvement of the largest possible number of member states in a project shall be a selection priority . member states shall be able , and encouraged , to join a project at any stage . all actions and interoperability solutions funded under the isa2 programme shall be encouraged , where appropriate , to re - use available interoperability solutions .


### in order to ensure interoperability between national and union information systems , interoperability solutions shall be specified with reference to existing and new european standards or publicly available or open specifications for information exchange and service integration . ### implementation rules : in the implementation of the isa2 programme , due consideration shall be given to the european interoperability strategy , the european interoperability framework and their future updates . the establishment or improvement of interoperability solutions shall , where appropriate , build on or be accompanied by the sharing of experience and the exchange and promotion of good practices . the sharing of experience and good practices between all stakeholders and relevant public consultations shall be encouraged and facilitated by adequate means , e . g . a virtual repository . the implementation of interoperability solutions under the isa2 programme shall , where appropriate , be guided by the eira . interoperability solutions and their updates shall be included in the eic and made available , where appropriate , for re - use by european public administrations . in duly justified cases , the management interoperability solutions can be shared with non - profit associations or entities , under the commission ' s control . the commission shall monitor annually the implementation and re - use of interoperability solutions across the union , as part of the rolling work programme established pursuant to article 7 . in order to maximise synergies and ensure complementary and combined efforts , actions shall , where appropriate , be coordinated with other relevant union initiatives .


### implementation rules ### eligibility , solution selection criteria , and implementation rules


### at the start of the isa2 programme , the commission shall adopt implementing acts establishing a rolling work programme and amending it at least once a year , for the implementation of actions for the entire period of application of this decision . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 10 . ### at the start of the isa2 programme , the commission shall adopt implementing acts establishing a rolling work programme and , where strictly necessary , amending it at least once a year , for the implementation of actions for the entire period of application of this decision . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 10 .


### the rolling work programme shall identify , prioritise , document , select , design , implement and evaluate the actions referred to in article 5 , as well as promote their results . ### the rolling work programme shall identify , prioritise , document , select , design , implement and evaluate the actions referred to in article 5 , in accordance with the criteria set out in article 7 , as well as promoting their results and making them known to the european parliament through its appropriate committee .


### the evaluations shall examine issues such as the relevance , effectiveness , efficiency , utility , sustainability and coherence of programme actions . the final evaluation shall , in addition , examine the extent to which the programme has achieved its objective . ### the evaluations shall examine issues such as relevance , effectiveness , efficiency , utility , citizens’ and business satisfaction , and the sustainability and coherence of programme actions . the final evaluation shall , in addition , examine the extent to which the programme has achieved its objective .


### the evaluations shall examine issues such as the relevance , effectiveness , efficiency , utility , sustainability and coherence of programme actions . the final evaluation shall , in addition , examine the extent to which the programme has achieved its objective . ### the evaluations shall examine issues such as the relevance , added value , effectiveness , efficiency , utility , the satisfaction of citizens and businesses , sustainability and coherence of isa2 programme actions , as well as their coordination with other relevant union initiatives . the final evaluation shall , in addition , examine the extent to which the isa2 programme has achieved its objective .


### the performance of the programme shall be assessed against the objective laid out in article 1 and the actions of the rolling work programme . the objective shall be measured in particular through the number of key interoperability enablers and through the number of supporting instruments for public administrations delivered to and used by european public administrations . indicators for measuring the result and impact of the programme shall be defined in the rolling work programme . ### the performance of the isa2 programme shall be assessed against the objective laid out in article 1 and the eligibility and selection criteria set out in article 4 . the achievement of the objective shall be measured in particular in terms of the number of key interoperability enablers and supporting instruments for public administrations delivered to and used by european public administrations .


### quantifiable benefits that the interoperability solutions deliver by linking ict with users ' needs ; ### quantifiable and qualifiable benefits that the interoperability solutions deliver by linking ict with the needs of users and end - users , in particular citizens and smes ;


### the quantifiable positive impact of the interoperable ict - based solutions . ### the quantifiable and qualifiable impact of interoperable ict - based solutions , in particular on public administrations , citizens and smes .


### without prejudice to other union policies , interoperability solutions established or operated by the isa2 programme may be used by non - union initiatives , for non - commercial purposes , provided that no extra costs are incurred for the general budget of the union and the main union objective of the interoperable solution is not compromised . ### without prejudice to other union policies , and in accordance with the eligibility and selection criteria set out in article 4 , interoperability solutions established or operated by the isa2 programme may be used by non - union initiatives , for non - commercial purposes , provided that no extra costs are incurred for the general budget of the union and the main union objective of the interoperable solution is not compromised .


### horizontal principles as set out in article 3 of the treaty on european union and in article 10 of the tfeu , including principles of subsidiarity and proportionality as set out in article 5 of the teu , should be respected in the implementation of the erdf and the cohesion fund , taking into account the charter of fundamental rights of the european union . member states should also respect the obligations of the un convention on the rights of persons with disabilities and ensure accessibility in line with its article 9 and in accordance with the union law harmonising accessibility requirements for products and services . member states and the commission should aim at eliminating inequalities and at promoting equality between men and women and integrating the gender perspective , as well as at combating discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . the funds should not support actions that contribute to any form of segregation . the objectives of the erdf and the cohesion fund should be pursued in the framework of sustainable development and the union ' s promotion of the aim of preserving , protecting and improving the quality of the environment as set out in articles 11 and 191 of the tfeu , taking into account the polluter pays principle . in order to protect the integrity of the internal market , operations benefitting undertakings shall comply with state aid rules as set out in articles 107 and 108 of the tfeu . ### horizontal principles as set out in article 3 of the treaty on european union and in article 10 of the tfeu , including principles of subsidiarity and proportionality as set out in article 5 of the teu , should be respected in the implementation of the erdf and the cohesion fund , taking into account the charter of fundamental rights of the european union . member states should also respect the obligations of the un convention on the rights of persons with disabilities and ensure accessibility in line with its article 9 and in accordance with the union law harmonising accessibility requirements for products and services . member states and the commission should aim at eliminating inequalities , reducing regional disparities and at promoting equality between men and women and integrating the gender perspective , as well as at combating discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . the funds should not support actions that contribute to any form of segregation . the objectives of the erdf and the cohesion fund should be pursued in the framework of sustainable development and the union ' s promotion of the aim of preserving , protecting and improving the quality of the environment as set out in articles 11 and 191 of the tfeu , taking into account the polluter pays principle . in order to protect the integrity of the internal market , operations benefitting undertakings shall comply with state aid rules as set out in articles 107 and 108 of the tfeu .


### in order to support the efforts of member states and regions in facing new challenges and ensuring a high level of security for their citizens as well as the prevention of radicalisation , while relying on the synergies and complementarities with other union policies , investments under the erdf should contribute to security in areas where there is a need to ensure safe and secure public spaces and critical infrastructure , such as transport and energy . ### in order to support the efforts of member states and regions in facing new challenges and ensuring a high level of security and cohesion for their citizens as well as the prevention of radicalisation , while relying on the synergies and complementarities with other union policies , investments under the erdf should contribute to security in areas where there is a need to ensure safe and secure public spaces and critical infrastructure , such as transport and energy .


### enhancing growth and competitiveness of smes ; ### boosting growth , competitiveness and life span of smes ;


### ensuring equal access to health care through developing infrastructure , including primary care ; ### ensuring equal access to health care through developing infrastructure , including primary care , focusing on rural areas ;


### with regard to programmes implemented under the investment for jobs and growth goal , the total erdf resources in each member state shall be concentrated at national level in accordance with paragraphs 3 and 4 . ### with regard to programmes implemented under the investment for jobs and growth goal , the total erdf resources in each member state shall be concentrated at regional and / or national level in accordance with paragraphs 3 and 4 .


### with regard to the thematic concentration of support for member states comprising outermost regions , the erdf resources allocated specifically to programmes for the outermost regions and those allocated to all other regions shall be treated separately . ### with regard to the thematic concentration of support for the outermost regions of the member states , the erdf resources allocated specifically to programmes for the outermost regions and those allocated to all other regions shall be treated separately .


### the commission and the member states should be represented within a management board to exercise policy and political oversight over the european border and coast guard agency . the board should , where possible , consist of the operational heads of the national services responsible for border guard management or their representatives . this board should be entrusted with the necessary powers to establish the budget , verify its execution , adopt the appropriate financial rules , establish transparent working procedures for decision making by the european border and coast guard agency and appoint the executive director and the deputy executive director . the agency should be governed and operated in line with the principles of the common approach on union decentralised agencies adopted on 19 july 2012 by the european parliament , the council and the european commission . ### the commission and the member states should be represented within a management board to exercise policy and political oversight over the european border and coast guard agency . the board should , where possible , consist of the operational heads of the national services responsible for border guard management or their representatives . this board should be entrusted with the necessary powers to establish the budget , verify its execution , adopt the appropriate financial rules , establish transparent working procedures for decision making by the european border and coast guard agency and appoint the executive director and the deputy executive director . the agency should be governed and operated in line with the principles of the common approach on union decentralised agencies adopted on 19 july 2012 by the european parliament , the council and the european commission . this includes the conclusion of a headquarter agreement between the agency and the host country .


### the european border and coast guard shall , in the performance of its tasks , take into account the special needs of children , victims of trafficking in human beings , persons in need of medical assistance , persons in need of international protection , persons in distress at sea and other persons in a particularly vulnerable situation . ### the european border and coast guard shall , in the performance of its tasks , take into account the special needs of children , women , victims of trafficking in human beings , persons in need of medical assistance , persons in need of international protection , persons in distress at sea and other persons in a particularly vulnerable situation .


### the tasks of the agency’s liaison officers shall include , in compliance with union law and in accordance with fundamental rights , establishing and maintaining contacts with the competent authorities of the third country to which they are assigned with a view to contributing to the prevention of and fight against irregular immigration and the return of illegally staying third - country nationals . those liaison officers shall coordinate closely with union delegations . ### the tasks of the agency’s liaison officers shall include , in compliance with union law and in accordance with fundamental rights , establishing and maintaining contacts with the competent authorities of the third country to which they are assigned with a view to contributing to the prevention of and fight against irregular immigration and the return of illegally staying third - country nationals . those liaison officers shall coordinate closely with union delegations and shall , wherever possible , have their offices in the same building .


### the decision to deploy liaison officers to third countries shall be subject to receiving a prior opinion of the commission , and the european parliament shall be fully informed of those activities as soon as possible . ### the decision to deploy liaison officers to third countries shall be subject to receiving a prior opinion of the commission , and the european parliament shall be fully informed of those activities and their financial consequences as soon as possible .


### the member state in which the agency has its seat shall provide the best possible conditions to ensure proper functioning of the agency , including multilingual , european - oriented schooling and appropriate transport connections . ### the member state in which the agency has its seat shall provide the best possible conditions to ensure proper functioning of the agency , including multilingual , european - oriented schooling and appropriate transport connections and shall ensure appropriate security measures for the agency ' s staff and buildings .


### the executive director shall be appointed by the management board on the grounds of merit and documented high - level administrative and management skills , as well as senior professional experience in the field of management of the external borders and return . the management board shall take its decision by a two - thirds majority of all members with a right to vote . ### taking into account these opinions , the executive director shall be appointed by the management board on the grounds of merit and documented high - level administrative and management skills , as well as senior professional experience in the field of management of the external borders and return . the management board shall take its decision by a two - thirds majority of all members with a right to vote .


### the revenue of the agency shall consist , without prejudice to other types of income , of : ### the revenue of the agency shall consist of :


### the estimate shall be forwarded by the commission to the european parliament and the council together with the preliminary draft budget of the european union . ### upon reception the estimate shall be forwarded by the commission to the european parliament and the council .


### in the view of financing the deployment of rapid border interventions and return interventions , the budget of the agency adopted by the management board shall include a financial operational reserve amounting at least to 4% of the allocation foreseen for the operational activities . the reserve should be maintained throughout the year . ### in the view of financing the deployment of rapid border interventions and return interventions , the budget of the agency adopted by the management board shall include a financial operational reserve amounting at least to 4% of the allocation foreseen for the operational activities . on 1 october each year , at least one - quarter of the reserve should remain available in order to cover needs arising until the end of the year .


### natural mineral resources in conflict - affected or high risk areas &#8722 ; although holding great potential for development &#8211 ; can be a cause of dispute where their revenues are fuelling the outbreak or continuation of violent conflict , undermining national endeavours towards development , good governance and the rule of law . in these areas , breaking the nexus between conflict and illegal exploitation of minerals is critical to peace and stability . ### natural mineral resources in conflict - affected or high risk areas &#8722 ; although holding great potential for development &#8211 ; can be a cause of dispute where their revenues are fuelling the outbreak or continuation of violent conflict , undermining national endeavours towards development , good governance and the rule of law . women and children are disproportionately affected by these conflicts , and are the victims of systematic physical and sexual violence , recognised as an international war crime and used as a weapon of war by armed groups . in these areas , breaking the nexus between conflict and illegal exploitation of minerals is critical to peace and stability and human rights .


### the issue concerns resource - rich regions where the challenge posed by the desire to minimise the financing of armed groups and security forces has been taken up by governments and international organisations together with business operators and civil society organisations . ### the issue concerns resource - rich regions where the challenge posed by the desire to prevent the financing of armed groups and security forces has been taken up by governments and international organisations together with business operators and civil society organisations , including women ' s organisations that are at the forefront of drawing attention to the exploitative conditions imposed by these groups as well as to rape and violence used to control local populations .


### ' conflict - affected and high - risk areas ' means areas in a state of armed conflict , fragile post - conflict as well as areas witnessing weak or non - existent governance and security , such as failed states , and widespread and systematic violations of international law , including human rights abuses ; ### ‘ conflict - affected and high - risk areas’ means areas identified by the presence of armed conflict , widespread violence or other risks of harm to people and , for these purposes , it is recognized that : armed conflict may take a variety of forms , such as a conflict of international or non - international character , which may involve two or more states , or may consist of wars of liberation , or insurgencies , civil wars ; and high - - risk areas may include areas of political instability or repression , institutional weakness , insecurity , collapse of civil infrastructure and widespread violence , both of which areas are often characterized by widespread human rights abuses and violations of national or international law ;


### adopt and clearly communicate to suppliers and the public its supply chain policy for the minerals and metals potentially originating from conflict - affected and high - risk areas , ### adopt and clearly communicate to suppliers and the public its supply chain policy for the minerals and metals potentially originating from conflict - affected and high - risk areas , as well as key measures undertaken to avoid financing of illicit activities that may lead to violations of human rights and the exploitation of , and violence against , women and children ,


### adopt and clearly communicate to suppliers and the public its supply chain policy for the minerals and metals potentially originating from conflict - affected and high - risk areas , ### supplies the competent member state authority with proof of compliance with its due diligence obligation by the entire supply chain downstream from the smelter or refinery for the minerals and metals potentially originating from conflict - affected and high - risk areas and clearly communicates this to the public ,


### the checks referred to in paragraph 1 shall be conducted by taking a risk - based approach . in addition , checks may be conducted when a competent authority is in possession of relevant information , including on the basis of substantiated concerns provided by third parties , concerning the compliance by a responsible importer with this regulation . ### the checks referred to in paragraph 1 shall be conducted on the basis of uniform , harmonised control criteria and standards established by the competent authorities of the member states , taking a risk - based approach . in addition , checks may be conducted when a competent authority is in possession of relevant information , including on the basis of substantiated concerns provided by third parties , concerning the compliance by a responsible importer with this regulation .


### blending operations supported by means of a cef blending facility shall be selected on the basis of maturity and shall seek sectoral diversification in accordance with articles 3 and 4 as well as geographical balance across the member states . they shall : ### blending operations supported by means of a cef blending facility shall be selected on the basis of serving society and the common good , and take into account the likelihood of market failure without union intervention . such operations shall also be selected on the basis of maturity and shall seek sectoral diversification in accordance with articles 3 and 4 as well as geographical balance across the member states . they shall :


### the outdated usage of stamps in proving that a combined transport operation has occurred prevent the effective enforcement or the verification of eligibility for the measures provided for in directive 92 / 106 / eec . the evidence necessary to prove that a combined transport operation is taking place should be clarified as well as the means by which such evidence is provided . the use and transmission of electronic transport information , which should simplify the provision of relevant evidence and its treatment by the relevant authorities , should be encouraged . the format used should be reliable and authentic . the regulatory framework and initiatives simplifying administrative procedures and the digitalisation of transport aspects , should take into consideration developments at union level . ### the outdated usage of stamps in proving that a combined transport operation has occurred prevent the effective enforcement or the verification of eligibility for the measures provided for in directive 92 / 106 / eec . the evidence necessary to prove that a combined transport operation is taking place should be clarified as well as the means by which such evidence is provided . with a view to encourage digitalisation , the use and transmission of electronic transport information , which should simplify the provision of relevant evidence and its treatment by the relevant authorities , should be encouraged . the format used should be reliable and authentic . the regulatory framework and initiatives simplifying administrative procedures and the digitalisation of transport aspects , should take into consideration developments at union level .


### the scope of the current economic support measures defined in directive 92 / 106 / eec is very limited , consisting of fiscal measures which concern only combined rail / road transport operations . such measures should be extended to combined transport operations covering inland waterways and maritime transport . other relevant types of measures , such as infrastructure investment support measures or different economic support measures , should also be supported . ### the scope of the current economic support measures defined in directive 92 / 106 / eec is very limited , consisting of fiscal measures which concern only combined rail / road transport operations . such measures should be extended to combined transport operations covering inland waterways and maritime transport , focusing on infrastructure investments and other economic support measures . in the case of inland navigation , measures ensuring water maintenance and navigability should also be mandatory for member states , with the support of the european commission .


### member states should implement additional economic support measures in addition to the existing ones , targeting the various legs of a combined transport operation , in order to reduce the road freight and to encourage the use of other modes of transport such as rail , inland waterways and maritime transport , thereby reducing air pollution , greenhouse gas emissions , road traffic accidents , noise and congestion . such measures may include the reduction of certain taxes or transport fees , grants for intermodal load units effectively transported in combined transport operations , or the partial reimbursement of transhipments cost . ### member states should implement additional economic support measures in addition to the existing ones , targeting the various legs of a combined transport operation , in order to reduce the road freight and to encourage the use of other modes of transport such as rail , inland waterways and maritime transport , thereby reducing air pollution , greenhouse gas emissions , road traffic accidents , noise and congestion . such measures may include the reduction of certain taxes or transport fees , investments in digitalisation , grants for intermodal load units effectively transported in combined transport operations , or the partial reimbursement of transhipments cost .


### in a trailer or semi - trailer , with or without a tractor unit , swap body or container , identified in accordance with the identification regime established pursuant to international standards iso6346 and en13044 , where the load unit is transhipped between the different modes of transport ; or ### in a trailer or semi - trailer , with or without a tractor unit , swap body or container , identified in accordance with the identification regime established pursuant to international standards iso6346 and en13044 , including 44 tonnes gross weight allowance for cranable semi - trailers , where the load unit is transhipped between the different modes of transport ; or


### non - road legs using inland waterway or maritime transport for which there is no equivalent road transport alternative or which are unavoidable in a commercially viable transport operation , shall not be taken into consideration for the purposes of the combined transport operations . ### non - road legs using inland waterway or maritime transport for which there is no equivalent road transport alternative shall not be taken into consideration for the purposes of the combined transport operations .


### member states shall ensure that road transport is considered forming part of a combined transport operation covered by this directive only if the carrier can produce clear evidence that such road transport constitutes a road leg of a combined transport operation , including the transport of empty load units before and after the transport of goods . ### member states shall ensure that road transport is considered forming part of a combined transport operation covered by this directive only if the carrier can produce clear and verifiable evidence that such road transport constitutes a road leg of a combined transport operation , including the transport of empty load units before and after the transport of goods .


### the evidence referred to in paragraph 1 shall be presented or transmitted upon the request of the authorised inspecting officer of the member state where the check is carried out . in case of road side checks , it shall be presented within the duration of such check . it shall be in an official language of that member state or in english . during a roadside check , the driver shall be allowed to contact the head office , the transport manager or any other person or entity which may support him in providing the evidence referred to paragraph 2 . ### the evidence referred to in paragraph 1 shall be presented or transmitted upon the request of the authorised inspecting officer of the member state where the check is carried out . in case of road side checks , the evidence referred to in paragraph 2 , points , , and shall be presented . it shall be in an official language of that member state or in english . during a roadside check , the driver shall be allowed to contact the head office , the transport manager or any other person or entity which may support him in providing the evidence referred to paragraph 2 .


### where necessary for the achievement of the aim referred to in paragraph 8 , member states shall take the necessary measures to support investment in transhipment terminals as regards : ### where necessary for the achievement of the aim referred to in paragraph 8 , member states and the union , pursuant to regulation no 1316 / 2013 1b , shall take the necessary measures to support investment in transhipment terminals as regards : _________________ 1b regulation no 1316 / 2013 of the european parliament and of the council of 11 december 2013 establishing the connecting europe facility , amending regulation no 913 / 2010 and repealing regulations no 680 / 2007 and no 67 / 2010 text with eea relevance , .


### member states shall coordinate with neighbouring member states and with the commission and ensure that , when such measures are implemented , priority is given to ensuring a balanced and sufficient geographical distribution of suitable facilities in the union , and notably on the ten - t core and comprehensive networks , allowing that any location in the union is not situated at a distance farther than 150 km from such terminal . ### member states shall coordinate with neighbouring member states , particularly via close cooperation between their competent authorities , and with the commission and ensure that , when such measures are implemented , priority is given to ensuring a sufficient geographical distribution of transhipment terminals union - wide , and notably on the ten - t core and comprehensive networks , allowing that any location in the union is not situated at a distance farther than 150 km as the crow flies from such terminal . member states may derogate from this 150 - km rule if these facilities have no economic relevance or for reasons related the geographic or natural features of a given area . such derogations shall be duly justified by the competent authority .


### in article 5 the second and third subparagraphs are deleted . ### in article 5 the second subparagraph is deleted .