### a valid driver card shall not be withdrawn or suspended unless the competent authorities of a member state find that the card has been falsified , or the driver is using a card of which he is not the holder , or the card held has been obtained on the basis of false declarations and / or forged documents . if such suspension or withdrawal measures are taken by a member state other than the issuing member state , the former shall return the card to the authorities of the member state which issued it , indicating the reasons for returning it . ### a valid driver card shall not be withdrawn or suspended unless the competent authorities of a member state find that the card has been falsified , or the driver is using a card of which he is not the holder , or the card held has been obtained on the basis of false declarations and / or forged documents . if such suspension or withdrawal measures are taken by a member state other than the issuing member state , the former shall return the card to the authorities of the member state which issued it , as soon as possible , indicating the reasons for withdrawal or suspension .


### the commission and the member states shall take all necessary measures to ensure that the electronic registers are interconnected and accessible throughout the union . ### the commission and the member states shall take all necessary measures to ensure that the electronic registers are interconnected and accessible throughout the union , using the tachonet messaging system or a compatible system .


### control officers may have access to the electronic register in order to control the status of a driver card . ### control officers shall have access to the electronic register in order to control the status of a driver card .


### the transport undertaking , the vehicle owner and the drivers shall ensure the correct functioning and proper use of the recording equipment and the driver card where a driver is required to drive a vehicle fitted with the recording equipment referred to in annex ib . ### the transport undertaking , the vehicle owner and the drivers shall ensure the correct functioning and proper use of the tachograph and the driver card where the driver is required to drive a vehicle fitted with a digital tachograph . whenever an analogue tachograph is used the transport undertaking and the driver shall ensure its correct functioning and the proper use of the record sheet .


### the driver shall enter in the recording equipment referred to in annex ib the symbols of the countries in which the daily work period was started and finished . however , a member state may require drivers of vehicles engaged in transport operations inside its territory to add more detailed geographic specifications to the country symbol provided that the member state notified them to the commission before 1 april 1998 . ### the driver shall enter in the digital tachograph the symbols of the countries in which the daily working period was started and finished . however , a member state may require drivers of vehicles engaged in transport operations inside its territory to add more detailed geographic specifications to the country symbol provided that the member state notified them to the commission before 1 april 1998 .


### measures taken by member states pursuant to article 37 may give the competent authorities power to prohibit the use of the vehicle in cases where breakdown or faulty operation has not been remedied as provided in the first and the second subparagraphs . ### measures taken by member states pursuant to article 37 shall include the power of the competent authorities to prohibit the use of the vehicle in cases where breakdown or faulty operation has not been remedied as provided in the first and the second subparagraphs .


### data protection , enforcement and sanctions ### enforcement and sanctions


### the delegation of power referred to in articles 4 , 5 , 6 and 38 shall be conferred for an indeterminate period of time from the [ date of entry into force of this regulation ] . ### the delegation of power referred to in articles 3g , 4 , 5 , 6 and 34a shall be conferred on the commission for a period of five years from the date of entry into force of this regulation . the commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### the delegation of powers referred to in articles 4 , 5 , 6 and 38 may be revoked at any time by the european parliament or by the council . a decision of revocation shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force . ### the delegation of powers referred to in articles 3g , 4 , 5 , 6 and 34a may be revoked at any time by the european parliament or by the council . a decision of revocation shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force .


### a delegated act adopted pursuant to articles 4 , 5 , 6 and 38 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of 2 months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by [ 2 months ] at the initiative of the european parliament or the council . ### a delegated act adopted pursuant to articles 3g , 4 , 5 , 6 and 34a shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of 2 months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by [ 2 months ] at the initiative of the european parliament or the council .


### in 2009 , independent experts adopted the report of the interim evaluation of edctp18 . the opinion of the expert panel was that edctp1 provided a unique platform for a genuine dialogue with african scientists and it has started to bridge the gap between north and south in building research capacities and in providing learning and working opportunities for young african researchers . following this report , there are fundamental issues to be taken into consideration for a second european and developing countries clinical trials partnership programme : the current scope of edctp1 needs to be changed and extended ; the integration of european national programmes should be further improved ; collaboration with other major public and private funders , including the pharmaceutical industry , needs to be strengthened and extended ; synergies with european external policy actions should be developed , in particular with eu development assistance ; co - funding rules should be clarified and simplified ; monitoring tools need to be strengthened . __________________ 8 van velzen et al . , independent external evaluation report , december 2009 . ### in 2009 , independent experts adopted the report of the interim evaluation of edctp18 . the opinion of the expert panel was that edctp1 provided a unique platform for a genuine dialogue with african scientists and it has started to bridge the gap between north and south in building research capacities and in providing learning and working opportunities for young african researchers . following this report , there are fundamental issues to be taken into consideration for a second european and developing countries clinical trials partnership programme : the current scope of edctp1 needs to be changed and extended ; the integration of european national programmes should be further improved ; collaboration with other major public and private funders , non - governmental organisations and foundations needs to be strengthened and extended ; synergies with european external policy actions should be developed , especially with eu development assistance , including by earmarking part of the eu’s contribution to the global fund to fight aids , tuberculosis and malaria for actions aimed at facilitating the transfer of edctp2 research results to the populations of developing countries , thereby strengthening their healthcare systems ; co - funding rules should be clarified and simplified ; monitoring tools need to be strengthened . __________________ 8 van velzen et al . , independent external evaluation report , december 2009 .


### edctp2 shall contribute to the reduction of the social and economic burden of poverty - related diseases in developing countries , in particular in sub - saharan africa , by accelerating the clinical development of effective , safe and affordable medical interventions for poverty - related diseases , in partnership with sub - saharan africa . ### edctp2 shall contribute to the reduction of the social and economic burden of poverty - related diseases , neglected infectious diseases and diseases that chiefly affect children in developing countries , in particular in sub - saharan africa , by accelerating the clinical development of effective , safe and affordable medical interventions for poverty - related diseases , in partnership with sub - saharan africa .


### an increased number of new or improved medical interventions for hiv / aids , tuberculosis , malaria and other poverty - related diseases , and by the end of the programme to have delivered at least one new medical intervention ; to have issued at least 30 guidelines for improved or extended use of existing medical interventions ; and to have progressed the clinical development of at least 20 candidate medical intervention . ### an increased number of new or improved medical interventions for hiv / aids , tuberculosis , malaria , other poverty - related diseases , neglected infectious diseases and diseases that chiefly affect children ; by the end of the programme to have delivered at least one new medical intervention ; to have issued at least 30 guidelines for improved or extended use of existing medical interventions ; and to have progressed the clinical development of at least 20 candidate medical intervention .


### support clinical trials on new or improved medical interventions for poverty - related diseases through partnerships between european and developing countries , in particular sub - saharan africa : ### support clinical trials on new or improved medical interventions for poverty - related diseases , neglected infectious diseases and diseases that chiefly affect children through partnerships between european and developing countries , in particular sub - saharan africa :


### establish cooperation and launch joint actions with other public and private funders . ### establish cooperation and launch joint actions with other public and private funders , non - governmental organisations and foundations ;


### promoting networking , coordination , alignment , cooperation and integration of national research programmes and activities on poverty - related infectious diseases at scientific , management and financial level ; ### promoting networking , coordination , alignment , cooperation and integration of national research programmes and activities on poverty - related infectious diseases , neglected infectious diseases and diseases that chiefly affect children at scientific , management and financial level ;


### certain types of natural disaster , such as droughts , are developing over a longer period of time before their disastrous effects are felt . provision should be made to allow the use of the fund also in such cases . ### certain types of natural disaster , such as droughts and coastal erosion , are developing over a longer period of time before their disastrous effects are felt . provision should be made to allow the use of the fund also in such cases .


### for the purpose of this article harmonised statistical data provided by eurostat shall be used . ### for the purpose of this article harmonised last available statistical data provided by eurostat shall be used .


### for the purposes of this regulation , a ‘ regional natural disaster’ shall mean any natural disaster resulting , in a region of a member state or a country involved in accession negotiations with the union at nuts 2 level , in direct damage in excess of 1 , 5 % of the region ' s gross domestic product . where the disaster concerns several regions at nuts 2 level , the threshold shall be applied to the weighted average gdp of those regions . ### for the purposes of this regulation , a ‘ regional natural disaster’ shall mean any natural disaster resulting , in a region of a member state or a country involved in accession negotiations with the union at nuts 2 level , in direct damage in excess of 1 , 5 % of the region ' s gross domestic product . in the case of outermost regions defined under article 349 of the treaty , the threshold shall be reduced to 1 % of the affected region’s gross domestic product or where there is a direct impact on a whole sector of activity or group of infrastructure such as ports , roads or airports which , given the specific island condition of these regions , makes it impossible for economic and social activity to resume immediately under normal conditions . where the disaster concerns several regions at nuts 2 level or regions referred to in article 349 of the treaty , the thresholds shall be applied to the weighted average gdp of those regions . in the case of natural disasters which affect outermost , island or archipelago regions , the assessment referred to in article 4 shall include a degree of flexibility in these thresholds , to allow for their specific territorial condition .


### the commission shall make a preliminary assessment of whether the application fulfils the conditions laid down in article 4 and verify the availability of budgetary resources . where those conditions are fulfilled and sufficient resources are available , the commission may adopt a decision awarding the advance and pay it out without delay before the decision referred to in article 4 has been taken . the payment of an advance shall be made without prejudice to the final decision on the mobilisation of the fund . ### the commission shall without delay make a preliminary assessment of whether the application fulfils the conditions laid down in article 4 and verify the availability of budgetary resources . where those conditions are fulfilled and sufficient resources are available , the commission may adopt a decision awarding the advance and pay it out without delay before the decision referred to in article 4 has been taken . the payment of an advance shall be made without prejudice to the final decision on the mobilisation of the fund .


### the amount of the advance shall not exceed 10 % of the amount of the contribution anticipated and shall in no case exceed eur 30 000 000 . once the definitive amount of the contribution has been determined , the commission shall take into account the sum of the advance prior to the balance of the contribution being paid . the commission shall recover unduly paid advances . ### the amount of the advance shall not exceed 15 % of the amount of the contribution anticipated and shall in no case exceed eur 40 000 000 . once the definitive amount of the contribution has been determined , the commission shall take into account the sum of the advance prior to the balance of the contribution being paid . the commission shall recover unduly paid advances


### no later than six months after the expiry of the one - year period referred to in paragraph 1 , the beneficiary state shall present a report on the implementation of the contribution from the fund with a statement justifying the expenditure , indicating any other source of funding received for the operations concerned , including insurance settlements and compensation from third parties . ### no later than six months after the expiry of the 18 - month year period referred to in paragraph 1 , the beneficiary state shall present a report on the implementation of the contribution from the fund with a statement justifying the expenditure , indicating any other source of funding received for the operations concerned , including insurance settlements and compensation from third parties . to enhance the visibility of european solidarity and ensure that it is clearly recognisable , the report should also set out in what way the public was informed that the expenditure in question came from the fund .


### the ‘ european agenda for culture in a globalizing world’ , endorsed by the council in a resolution of 16 november 2007 sets the objectives for future activities of the european union for the cultural and creative sectors . it aims to promote cultural diversity and intercultural dialogue , to promote culture as a catalyst for creativity in the framework for growth and jobs and to promote culture as a vital element in the union ' s international relations . ### the ‘ european agenda for culture in a globalizing world’ , endorsed by the council in a resolution of 16 november 2007 sets the objectives for future activities of the european union for the cultural and creative sectors . it aims to promote cultural diversity and intercultural dialogue , to protect and promote cultural rights of persons belonging to minorities and socially marginalised people , to promote culture as a catalyst for creativity in the framework for growth and jobs and to promote culture as a vital element in the union ' s international relations .


### the unesco convention on the protection and the promotion of the diversity of cultural expressions which entered into force on 18 march 2007 , and to which the union is a party , aims at strengthening international cooperation , including international co - production and co - distribution agreements , and solidarity so as to favour the cultural expression of all countries . ### the unesco convention on the protection and the promotion of the diversity of cultural expressions which entered into force on 18 march 2007 , and to which the union is a party , aims at strengthening international cooperation , including international co - production and co - distribution agreements , and solidarity so as to favour the cultural expression of all countries and individuals . in this regard , the convention states that due attention should be paid to various social groups , including persons belonging to minorities .


### the european cultural and creative sectors are inherently fragmented along national and linguistic lines . on the one hand , fragmentation results in a culturally diverse and highly independent cultural landscape , providing a voice for the different cultural traditions forming the diversity of our european heritage . on the other hand , fragmentation leads to limited and sub - optimal transnational circulation of cultural and creative works and operators within and outside the union , to geographical imbalances and - subsequently - to a limited choice for the consumer . ### the european cultural and creative sectors are inherently fragmented along national and linguistic lines and also in terms of their chances to introduce themselves to the wider public . as for national differences , the fact that the situation of the cultural and creative sectors is much more difficult in some member states having lower production capacity , limited purchasing power and sponsoring capacity , cannot be ignored ; therefore , special efforts should be made to promote the cultural and creative sector ' s potential to reach customers . on the one hand , fragmentation results in a culturally diverse and highly independent cultural landscape , providing a voice for the different cultural traditions forming the diversity of our european heritage . on the other hand , fragmentation leads to limited and sub - optimal transnational circulation of cultural and creative works and operators within and outside the union , to geographical and social imbalances and - subsequently - to a limited choice for the consumer .


### the digital shift is having a massive impact on how cultural and creative goods and services are made , disseminated , accessed , consumed and monetised . these changes offer great opportunities for the european cultural and creative sectors . lower distribution costs , new distribution channels and new opportunities for niche products can facilitate access and increase circulation worldwide . in order to seize these opportunities and adapt to the context of the digital shift and globalisation , the cultural and creative sectors need to develop new skills and require greater access to finance to upgrade equipment , develop new production and distribution methods and adapt their business models . ### the digital shift is having a massive impact on how cultural and creative goods and services are made , disseminated , accessed , consumed and monetised . these changes offer great opportunities for the european cultural and creative sectors . lower distribution costs , new distribution channels and new opportunities for niche products can facilitate access and increase circulation worldwide . in order to seize these opportunities and adapt to the context of the digital shift and globalisation , the cultural and creative sectors need to develop new skills and require greater access to finance to upgrade equipment , develop new production and distribution methods and adapt their business models . these new requirements are difficult to meet for operators coming from socially disadvantaged backgrounds .


### one of the greatest challenges of the cultural and creative sectors , especially small operators including small and medium - sized enterprises and micro - enterprises , is their difficulty accessing the funds they need to finance their activities , grow , maintain their competitiveness or internationalise . while this is a common challenge for smes in general , the situation is significantly more difficult in the cultural and creative sectors due to the intangible nature of many of their assets , the prototype profile of their activities , the lack of investment - readiness of the operators in the sectors as well as the insufficient investor - readiness of financial institutions . ### one of the greatest challenges of the cultural and creative sectors , especially small operators including small and medium - sized enterprises and micro - enterprises , is their difficulty accessing the funds they need to finance their activities , set up their operation , grow , maintain their competitiveness or internationalise . while this is a common challenge for micro - entreprises and smes in general , the situation is significantly more difficult in the cultural and creative sectors due to the intangible nature of many of their assets , the prototype profile of their activities , the lack of investment - readiness of the operators in the sectors as well as the insufficient investor - readiness of financial institutions .


### it is necessary to ensure the european added value of all actions carried out within in the framework of the programme , complementarity to member state activities and compliance with article 167 of the treaty and other union activities , in particular in the field of education , research and innovation , industrial and cohesion policy , tourism and external relations . ### it is necessary to ensure the european added value of all actions carried out within in the framework of the programme , complementarity to member state activities and compliance with article 167 of the treaty and other union activities , in particular in the field of education , employment , research and innovation , industrial and cohesion policy , tourism and external relations .


### in compliance with the principles for performance related assessment , the procedures for monitoring and evaluating the programme should include detailed annual reports and refer to the specific , measurable , achievable , relevant and time - bound targets and indicators laid down in this regulation . ### in compliance with the principles for performance related assessment , the procedures for monitoring and evaluating the programme should include detailed annual reports and refer to the specific , measurable , achievable , relevant and time - bound targets and indicators laid down in this regulation . annual reports should be sent to and presented in the european parliament .


### the transnational character of its activities and their impact , which will complement national , international and other union programmes ; ### the transnational and intercultural character of its activities and their impact , which will complement national , international and other union programmes ;


### ensuring a more level playing field in the european cultural and creative sectors by taking account of low production capacity countries and / or countries or regions with a restricted geographical and linguistic area . ### ensuring a more level playing field in the european cultural and creative sectors by taking account of low production capacity countries and / or countries or regions with a restricted geographical and linguistic area , as well as operators coming from disadvantaged groups .


### to support the capacity of the european cultural and creative sectors to operate transnationally ; ### to support the capacity of the european cultural and creative sectors to operate transnationally by inter alia equipping operators with the communication and entrepreneurial skills required in this context ;


### to strengthen the financial capacity of the cultural and creative sectors , and in particular small and medium - sized enterprises and organisations ; ### to strengthen the financial autonomy of the cultural and creative sectors , and in particular micro , small and medium - sized enterprises and organisations and socially disadvantaged operators , by promoting the availability of managerial , business and entrepreneurial training programmes specifically tailored for professionals in the cultural and creative sector ;


### the commission shall establish a facility targeting the cultural and creative sectors and operated within the context of a union debt instrument for small and medium - sized enterprises . this facility shall have the following priorities : ### the commission shall establish a facility targeting the cultural and creative sectors and operated within the context of a union debt instrument for micro , small and medium - sized enterprises . this facility shall have the following priorities :


### draft legislative resolution facilitate access to finance for small - and medium - sized enterprises and organisations in the european cultural and creative sectors ; ### facilitate access to finance for micro , small - and medium - sized enterprises and organisations in the european cultural and creative sectors , with special attention being paid to young operators and operators coming from disadvantaged social groups ;


### transnational exchange of experiences and knowhow on new business models , peer - learning activities and networking among cultural operators and policy makers related to the development of the cultural and creative sectors ; ### transnational exchange of experiences and knowhow on new business models , training programmes , peer - learning activities and networking among cultural operators and policy makers related to the development of the cultural and creative sectors ;


### – promote the creative europe programme at national level ; ### – promote the creative europe programme at national and regional level ;


### cooperation measures bringing together operators from different countries to undertake sectoral or cross - sectoral activities ; ### cooperation measures bringing together operators from different countries to undertake sectoral or cross - sectoral activities , with special attention being paid to socially disadvantaged operators ;


### support audiovisual operators to develop european audiovisual works with enhanced cross - border circulation potential ; ### support audiovisual operators to develop european audiovisual works with enhanced cross - border circulation potential , with special attention being paid to socially disadvantaged operators ;


### support activities aiming at increasing knowledge and interest of audiences ; ### support activities aiming at increasing knowledge and interest of audiences regarding the diverse and complex nature of societies ;


### relevant eu policies , in particular those in the fields of education , employment , health , research and innovation , enterprise , tourism , justice and development ; ### relevant eu policies , in particular those in the fields of culture , education , employment , health , research and innovation , industry , enterprise , trade , tourism , justice and development ;


### other relevant eu funding sources in the field of culture and media policies , in particular the european social fund , the european regional development fund , the research and innovation programmes , as well as the financial instruments relating to justice and citizenship , external cooperation programmes and the pre - accession instruments . in particular , it will be important to ensure synergies at the level of implementation between the programme and the national and regional strategies for smart specialisation . ### other relevant eu funding sources in the field of culture and media policies , in particular the european social fund , the european union programme for social change and innovation , the european regional development fund , the research and innovation programmes , as well as the financial instruments relating to justice and citizenship , external cooperation programmes and the pre - accession instruments . in particular , it will be important to ensure synergies at the level of implementation between the programme and the national and regional strategies for smart specialisation .


### in addition to the regular monitoring the commission shall establish an external evaluation report no later than end - 2017 in order to assess the effectiveness in achieving the objectives and the efficiency of the programme and its european added value in view of a decision on the renewal , modification or suspension of the programme . the evaluation shall address the scope for simplification , its internal and external coherence , the continued relevance of all objectives , as well as the contribution of the measures to the union priorities of smart , sustainable and inclusive growth . it shall take into account evaluation results on the long - term impact of decision no 1855 / 2006 / ec , decision no 1718 / 2006 / ec and decision no 1041 / 2009 / ec of the european parliament and of the council . ### in addition to the regular monitoring the commission shall establish an external evaluation report no later than end - 2017 in order to assess the effectiveness in achieving the objectives and the efficiency of the programme and its european added value in view of a decision on the renewal , modification or suspension of the programme . the evaluation shall address the scope for simplification , its internal and external coherence , the continued relevance of all objectives , as well as the contribution of the measures to the union priorities of smart , sustainable and inclusive growth . it shall take into account evaluation results on the long - term impact of decision no 1855 / 2006 / ec , decision no 1718 / 2006 / ec and decision no 1041 / 2009 / ec of the european parliament and of the council . the external evaluation report shall be forwarded to and presented in the european parliament .


### the commission shall establish a facility targeting the cultural and creative sectors and operated within the context of a european union debt instrument for small and medium - sized enterprises . the financial support thus provided shall be earmarked to small and medium - sized enterprises and organisations operating in the cultural and creative sectors . ### the commission shall establish a facility targeting the cultural and creative sectors and operated within the context of a european union debt instrument for micro , small and medium - sized enterprises . the financial support thus provided shall be earmarked to micro , small and medium - sized enterprises and organisations operating in the cultural and creative sectors .


### draft legislative resolution ### underlines that the provisions of point 47 of the iia shall be applied for the setting - up of the agency ; stresses that , should the legislative authority decide in favour of setting up such an agency , parliament will enter into negotiations with the other arm of the budgetary authority with a view to coming to a timely agreement on the financing of this agency in line with the relevant provisions of the iia ;


### in order to guarantee its full autonomy and independence , the authority should be granted an autonomous budget with revenues mainly from obligatory contributions from national supervisory authorities and from the general budget of the european union . the community budgetary procedure should be applicable as far as the community contribution is concerned . the auditing of accounts should be undertaken by the court of auditors . ### in order to guarantee its full autonomy and independence , the authority should be granted an autonomous budget with revenues mainly from obligatory contributions from national supervisory authorities and from the general budget of the european union . the financing of the authority by the european union is subject to an agreement by the budgetary authority as foreseen in point 47 of the interinstitutional agreement of 17 may 2006 between the european parliament , the council and the commission on budgetary discipline and sound financial management . the community budgetary procedure should be applicable . the auditing of accounts should be undertaken by the court of auditors ;


### a subsidy from the community , entered in the general budget of the european union ; ### a subsidy from the community , entered in the general budget of the european union ; the financing of the authority by the european union is subject to an agreement by the budgetary authority as foreseen in point 47 of the interinstitutional agreement of 17 may 2006 on budgetary discipline and sound financial management ;


### the european parliament , following a recommendation from the council acting by qualified majority , shall , before 15 may of the year n + 2 , grant a discharge to the authority for the implementation of the budget for the financial year n . ### the european parliament , following a recommendation from the council acting by qualified majority , shall , before 15 may of the year n + 2 , grant a discharge to the authority for the implementation of the budget consisting of revenues from the general budget of the european union and national supervisory authorities for the financial year n .


### in its resolution of 15 december 2010 on the revision of the energy efficiency action plan19 , the european parliament called on the commission to include in its revised energy efficiency action plan measures to close the gap to reach the overall eu energy efficiency objective in 2020 . ### in its resolution of 15 december 2010 on the revision of the energy efficiency action plan , the european parliament called on the commission to include in its revised energy efficiency action plan a binding energy efficiency target , alongside measures to close the gap to reach the overall eu energy savings objective in 2020 .


### an assessment of the possibility of establishing a ‘ white certificate’ scheme at union level has shown that , in the current situation , such a system would create excessive administrative costs and that there is a risk that energy savings would be concentrated in a number of member states and not introduced across the union . the latter objective can better be achieved , at least at this stage , by means of national energy efficiency obligation schemes or other alternative measures that achieve the same amount of energy savings . the commission should however define , by a delegated act , the conditions under which a member state could in future recognise the energy savings achieved in another member state . it is appropriate for the level of ambition of such schemes to be established in a common framework at union level while providing significant flexibility to member states to take full account of the national organisation of market actors , the specific context of the energy sector and final customers ' habits . the common framework should give energy utilities the option of offering energy services to all final customers , not only to those to whom they sell energy . this increases competition in the energy market because energy utilities can differentiate their product by providing complementary energy services . the common framework should allow member states to include requirements in their national scheme that pursue a social aim , notably in order to ensure that vulnerable customers have access to the benefits of higher energy efficiency . it should also allow member states to exempt small companies from the energy efficiency obligation . the commission communication ‘ small business act’28 sets out principles that should be taken into account by member states that decide to abstain from applying this possibility . ### an assessment of the possibility of establishing a ‘ white certificate’ scheme at union level has shown that , in the current situation , such a system would create excessive administrative costs and that there is a risk that energy savings would be concentrated in a number of member states and not introduced across the union . the latter objective can better be achieved , at least at this stage , by means of national energy efficiency obligation schemes or other alternative measures that achieve the same amount of energy savings . the common framework should give energy utilities the option of offering energy services to all final customers , not only to those to whom they sell energy . this increases competition in the energy market because energy utilities can differentiate their product by providing complementary energy services . the common framework should allow member states to include requirements in their national scheme that pursue a social aim , notably in order to ensure that vulnerable customers have access to the benefits of higher energy efficiency . it should also allow member states to exempt small companies from the energy efficiency obligation . the commission communication ‘ small business act’28 sets out principles that should be taken into account by member states that decide to abstain from applying this possibility .


### in the implementation of the 20% energy efficiency target , the commission will have to monitor the impact of new measures on directive 2003 / 87 / ec establishing the eu ' s emissions trading directive in order to maintain the incentives in the emissions trading system rewarding low carbon investments and preparing the ets sectors for the innovations needed in the future . ### the implementation of the 20% energy efficiency target could result in reduced demand for eu ets allowances and entail distortions in the eu carbon price , the commission shall conduct an assessment report of the impacts that the new measures will have on directive 2003 / 87 / ec establishing the eu ' s emissions trading directive , in order to create incentives in the emissions trading system triggering additional energy efficiency measures , rewarding low carbon investments and preparing the ets sectors for the innovations needed in the future .


### this directive establishes a common framework for the promotion of energy efficiency within the union in order to ensure the achievement of the union ' s target of 20% primary energy savings by 2020 and to pave the way for further energy efficiency improvements beyond that date . ### this directive establishes a common framework for the promotion of energy efficiency within the union in order to ensure the achievement of the union ' s target of at least 20% primary energy savings by 2020 and to pave the way for further energy efficiency improvements for 2025 , 2030 and beyond .


### member states shall ensure that the savings claimed by obligated parties are calculated in accordance with annex v . they shall put in place control systems under which at least a statistically significant proportion of the energy efficiency improvement measures put in place by the obligated parties is independently verified . ### member states shall ensure that the savings claimed by obligated parties are calculated in accordance with annex v . they shall put in place independent measurement , control and verification systems under which at least a statistically significant and representative sample of the energy efficiency improvement measures put in place by the obligated parties is independently verified .


### include requirements with a social aim in the saving obligations they impose , including by requiring measures to be implemented in households affected by energy poverty or in social housing ; ### include requirements with a social aim in the saving obligations they impose , including by requiring measures to be implemented in households affected by energy poverty or in social housing . these measures must be decided in consultation with the public authorities .


### when member states put in place the roll - out of smart meters foreseen by directives 2009 / 72 / ec and 2009 / 73 / ec concerning electricity and gas markets , they shall ensure that the objectives of energy efficiency and final customer benefits are fully taken into account when establishing the minimum functionalities of the meters and obligations imposed on market participants . ### when member states put in place the roll - out of smart meters foreseen by directives 2009 / 72 / ec and 2009 / 73 / ec concerning electricity and gas markets , they shall ensure that the objectives of energy efficiency and final customer benefits are fully taken into account when establishing the minimum functionalities of the meters and obligations imposed on market participants . this includes ensuring that smart meters are user - friendly and provide clear , accurate and detailed real - time information on energy consumption in order to enable the final customer to make energy savings .


### when member states put in place the roll - out of smart meters foreseen by directives 2009 / 72 / ec and 2009 / 73 / ec concerning electricity and gas markets , they shall ensure that the objectives of energy efficiency and final customer benefits are fully taken into account when establishing the minimum functionalities of the meters and obligations imposed on market participants . ### when member states put in place the roll - out of smart meters , these should be subject to a full cost - benefit analysis of the consumer interest , as foreseen by directives 2009 / 72 / ec and 2009 / 73 / ec concerning electricity and gas markets . when establishing the minimum functionalities of the meters and obligations imposed on market participants , member states shall ensure that the objectives of energy efficiency and final customer benefits are fully taken into account .


### by 1 january 2014 , member states shall establish and notify to the commission a national heating and cooling plan for developing the potential for the application of high - efficiency cogeneration and efficient district heating and cooling , containing the information set out in annex vii . the plans shall be updated and notified to the commission every five years . member states shall ensure by means of their regulatory framework that national heating and cooling plans are taken into account in local and regional development plans , including urban and rural spatial plans , and fulfil the design criteria in annex vii . ### by 1 january 2014 , member states shall establish and notify to the commission a national heating and cooling plan for developing the potential for the application of high - efficiency cogeneration , including small - and micro - cogeneration , and efficient district heating and cooling , containing the information set out in annex vii . the plans shall be updated and notified to the commission every five years . member states shall ensure by means of their regulatory framework that national heating and cooling plans are taken into account in local and regional development plans , including urban and rural spatial plans , and fulfil the design criteria in annex vii .


### member states shall take the necessary measures to develop efficient district heating and cooling infrastructure to accommodate the development of high - efficiency cogeneration and the use of heating and cooling from waste heat and renewable energy sources in accordance with paragraphs 1 , 3 , 6 and 7 . when developing district heating and cooling , they shall to the extent possible opt for high - efficiency cogeneration rather than heat - only generation . ### member states shall take the necessary measures to develop efficient district heating and cooling infrastructure to accommodate the development of high - efficiency cogeneration , including small - and micro - cogeneration , and the use of heating and cooling from waste heat and renewable energy sources in accordance with paragraphs 1 , 3 , 6 and 7 . when developing district heating and cooling , they shall to the extent possible opt for high - efficiency cogeneration rather than heat - only generation .


### the threshold conditions related to the availability of heat load set out in point 1 of annex viii are not met ; ### a cost - benefit analysis shows that the costs outweigh the benefits in comparison with the full life - cycle costs , including infrastructure investment , of providing the same amount of electricity and heat with separate heating or cooling ;


### member states shall establish mechanisms to ensure the connection of these installations to district heating and cooling networks . they may require these installations to bear the connection charges and the cost of developing the district heating and cooling networks necessary to transport their waste heat to consumers . ### member states shall establish mechanisms to ensure the connection of these installations to district heating and cooling networks . they shall ensure that the connection charges and the cost of developing the district heating and cooling networks necessary to transport their waste heat to consumers are fairly distributed between the involved actors .


### the commission shall establish by 1 january 2013 by means of a delegated act in accordance with article 18 a methodology for the cost - benefit analysis referred to in paragraphs 4 , 7 and 8 . ### the commission shall establish by 1 january 2013 by means of a delegated act in accordance with article 18 a methodology for the cost - benefit analysis referred to in paragraphs 4 , 7 and 8 . the methodology shall be prepared in consultation with the concerned stakeholders . such a methodology shall take into account both socio - economic and business finance perspectives .


### trans - european transport network projects financed by the cohesion fund are to comply with the guidelines adopted by decision no 661 / 2010 / eu of the european parliament and of the council of 7 july 2010 on union guidelines for the development of the trans - european transport network9 . in order to concentrate efforts , priority should be given to projects of common interest as defined in that decision . ### trans - european transport network projects financed by the cohesion fund are to comply with the guidelines adopted by decision no 661 / 2010 / eu of the european parliament and of the council of 7 july 2010 on union guidelines for the development of the trans - european transport network9 . in order to concentrate efforts , priority should be given to projects of common interest as defined in that decision after their precise definition and delimitation of their key objectives .


### in order to address the specific needs of the cohesion fund , and in line with the europe 2020 strategy that cohesion policy should support the need to deliver smart , sustainable and inclusive growth11 , it is necessary to set out investment priorities within the scope of the thematic objectives laid down in regulation no [ … ] / 2012 [ cpr ] . ### in order to address the specific needs of the cohesion fund , and in line with the europe 2020 strategy that cohesion policy should support the principle of territorial cohesion and the need to deliver smart , sustainable and inclusive growth11 , it is necessary to set out investment priorities within the scope of the thematic objectives laid down in regulation no [ … ] / 2012 [ cpr ] .


### promoting low - carbon strategies for urban areas ; ### promoting low - carbon strategies for urban and rural areas ;


### promoting low - carbon strategies for urban areas ; ### promoting low - carbon and sustainable mobility strategies , intermodal transport systems and their interoperability , research and planning for urban areas ,


### for programme - specific result indicators , baselines shall use the latest available data and targets shall be fixed for 2022 , but may be expressed in quantitative or qualitative terms . ### for programme - specific result indicators , baselines shall use the latest available data and targets shall be fixed for 2022 , and shall be expressed in both quantitative and qualitative terms .


### information of a precise nature , which has not been made public , relating , directly or indirectly , to one or more issuers of financial instruments or to one or more financial instruments , and which if it were made public , would be likely to have a significant effect on the prices of those financial instruments or on the price of related derivative financial instruments . ### information which has not been made public relating , directly or indirectly , to one or more issuers of financial instruments or to one or more financial instruments , and which if it were made public , would be likely to have a significant effect on the prices of those financial instruments or on the price of related derivative financial instruments ;


### any person who operates the business of a trading venue shall adopt and maintain effective arrangements and procedures in accordance with [ articles 31 and 56 ] of directive [ new mifid ] aimed at preventing and detecting market abuse . ### any person who operates the business of a trading venue shall adopt and maintain effective arrangements and procedures in accordance with [ articles 31 and 56 ] of directive [ new mifid ] aimed at preventing and detecting market abuse . these must be approved by the competent supervisory authority .


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


### as is the case with directive 96 / 71 / ec , this directive should not prejudice the application of the law which , under article 8 of the rome i regulation , applies to individual employment contracts , or the application of regulation no 883 / 2004 of the european parliament and of the council of 29 april 2004 on the coordination of social security systems and regulation no 987 / 2009 of the european parliament and of the council of 16 september 2009 laying down the procedure for implementing regulation no 883 / 2004 on the coordination of social security systems . ### as is the case with directive 96 / 71 / ec , this directive should not prejudice the application of the law which , under article 8 of the rome i regulation , applies to individual employment contracts , or the application of regulation no 883 / 2004 of the european parliament and of the council of 29 april 2004 on the coordination of social security systems , regulation no 987 / 2009 of the european parliament and of the council of 16 september 2009 laying down the procedure for implementing regulation no 883 / 2004 on the coordination of social security systems , regulation no 465 / 2012 of the european parliament and of the council of 22 may 2012 or article 45 and 46 tfeu . the provisions of this directive should be without prejudice to member states providing for more favourable conditions for posted workers .


### in order to ensure the correct application of , and to monitor compliance with , the substantive rules on the terms and conditions of employment to be respected with regard to posted workers , member states should apply only certain control measures or administrative formalities to undertakings posting workers for the provision of services . such measures and requirements may only be imposed provided that the competent authorities cannot carry out their supervisory task effectively without the requested information and the necessary information cannot be obtained easily from the employer of posted workers or the authorities in the member state of establishment of the service provider within a reasonable delay and / or less restrictive measures would not ensure that the objectives of the national controls measures deemed necessary are attained . ### it is of paramount importance that the host member state continues to control and monitor as outlined in article 5 directive 96 / 71 / ec . in order to ensure the correct application of , and to monitor compliance with , the substantive rules on the terms and conditions of employment to be respected with regard to posted workers , member states shall apply necessary control measures or administrative formalities to undertakings posting workers for the provision of services .


### a comprehensive system of preventive and control measures , together with deterrent penalties to identify and prevent individual instances of bogus self - employed , should contribute to combat concealed employment effectively . ### a comprehensive and effective system of preventive and control measures , together with deterrent penalties to identify and prevent individual instances of bogus self - employed , should contribute to combat concealed employment effectively . in this context it is essential that competent authorities in the member states have the means to check if there is a situation of dependency between the allegedly self - employed individual and his or her employer .


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


### to facilitate the enforcement of directive 96 / 71 / ec and ensure more effective application of it , effective complaint mechanisms should exist through which posted workers may lodge complaints or engage in proceedings either directly or through relevant designated third parties , such as trade unions or other associations as well as common institutions of social partners . this should be without prejudice to national rules of procedure concerning representation and defence before the courts . ### to facilitate the enforcement of directive 96 / 71 / ec and ensure more effective application of it , effective complaint mechanisms should exist through which posted workers may lodge complaints or engage in proceedings either directly or through relevant designated third parties , such as trade unions or other associations as well as common institutions of social partners . this should be without prejudice to national rules of procedure concerning representation and defence before the courts . trade unions should have a right of collective action and the possibility of representative action .


### this directive aims to guarantee respect for an appropriate level of minimum protection of the rights of posted workers for the cross - border provision of services , while facilitating the exercise of the freedom to provide services for service providers and promoting fair competition between service providers . ### in accordance with art . 3 of the directive 96 / 71 / ec , this directive sets out implementation instruments needed for the equal treatment of posted workers as regards the terms and conditions of employment which apply in the place where the service is to be performed , as defined by national law or practice of member states and therefore contributes to fair competition in the single market .


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


### ' competent authority ' means an authority designated by a member state to perform functions under this directive ; ### ' competent authority ' means public authorities of a member state designated by this member state to perform functions under this directive ;


### the work is carried out for a limited period of time in another member state ; ### the work of the posted workers is carried out for a limited period of time in another member state than the one in which the employee normally carries out his work and starts on a specified day ; in accordance with art 3 of directive 96 / 71 / ec , for the calculation of this limited time , account shall be taken of any previous periods for which the post has been filled by a posted worker ;


### role of liaison offices ### role of competent authorities and liaison offices


### contact details of the competent authorities shall be communicated to the commission and the other member states . the commission shall publish and regularly update the list of the competent authorities and liaison offices . ### contact details of the competent authorities shall be communicated to the commission and the other member states and be available to the public . the commission shall publish and regularly update the list of the competent authorities and liaison offices . other member states and eu institutions shall respect each member state ' s choice of competent authorities .


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


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


### the commission shall continue to support the member states in this area . ### the commission under supervision of council and the european parliament shall continue to support the member states in this area .


### the cooperation of the member states shall in particular consist in replying to reasoned requests for information and to carry out checks , inspections and investigations from competent authorities with respect to the situations of posting referred to in article 1 of directive 96 / 71 / ec , including investigation of any abuses of applicable rules on the posting of workers or possible cases of unlawful transnational activities . ### the cooperation of the member states shall in particular consist in replying to requests for information without delay and to carry out checks , inspections and investigations from competent authorities with respect to the situations of posting referred to in article 1 of directive 96 / 71 / ec and relevant articles in this directive , including investigation of any abuses of applicable rules on the posting of workers or possible cases of unlawful transnational activities .


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


### member states shall , with the assistance of the commission , take accompanying measures to develop , facilitate and promote the exchange between officials in charge of the implementation of administrative cooperation and mutual assistance as well as monitoring the compliance with and enforcement of the applicable rules . ### member states shall , with assistance of the commission , take accompanying measures to develop , facilitate and promote the exchange between social partners , officials in charge of the implementation of administrative cooperation and mutual assistance , as well as to ensure that organisations providing information to posted workers are supported .


### member states shall ensure that appropriate checks and monitoring mechanisms are put in place and that effective and adequate inspections are carried out on their territory in order to control and monitor compliance with the provisions and rules laid down in directive 96 / 71 / ec and to guarantee its proper application and enforcement . such inspections shall be based primarily on a risk assessment to be drawn up regularly by the competent authorities . the risk assessment shall identify the sectors of activity in which the employment of workers posted for the provision of services is concentrated on their territory . when making such risk assessment the realisation of big infrastructural projects , the special problems and needs of specific sectors , the past record of infringement , as well as the vulnerability of certain groups of workers shall be taken into account . ### in order to improve compliance with art . 3 and 5 of directive 96 / 71 / ec and to guarantee its effective application and enforcement , host member states shall ensure that effective checks and monitoring mechanisms are put in place and that effective and adequate inspections are carried out on their territory . in order to make effective checks and controls possible , member states may in particular impose the following requirements :


### further to the request by the requesting authority for recovery of a penalty or a fine or notification of a decision imposing a penalty or fine , the requested authority shall provide any information and mutual assistance which would be useful to the requesting authority in the recovery of a fine and / or penalty , as well as , to the extent possible , for the underlying claim . ### further to the request by the requesting authority for recovery of a penalty or a fine or notification of a decision imposing a penalty or fine , the requested authority shall without delay provide any information and mutual assistance requested to the requesting authority in the recovery of a fine and / or penalty , as well as , for the underlying claim .


### if , in the course of the recovery or notification procedure , the fine , penalty and / or underlying claim is contested by the service provider concerned or an interested party , the cross - border enforcement procedure of the fine or penalty imposed shall be suspended pending the decision of the appropriate national authority in the matter . ### if , in the course of the recovery or notification procedure , the fine , penalty and / or underlying claim is contested by the service provider concerned or an interested party , the cross - border enforcement procedure of the fine or penalty imposed shall be suspended pending the decision of the appropriate national authority in the matter . the requesting authority shall without delay notify the requested authority of the contestation . the requesting authority may however request the precautionary freezing and confiscation of assets to limit the risk of non - recovery before the decision is final in accordance with directive on the freezing and confiscation of proceeds of crime in the european union ' .


### if , in the course of the recovery or notification procedure , the fine , penalty and / or underlying claim is contested by the service provider concerned or an interested party , the cross - border enforcement procedure of the fine or penalty imposed shall be suspended pending the decision of the appropriate national authority in the matter . ### if , in the course of the recovery or notification procedure , the fine , penalty and / or underlying claim is contested in the requesting member state by the service provider concerned in compliance with the regulations applicable for contestation , , the cross - border enforcement procedure of the fine or penalty imposed shall be suspended pending the decision of the appropriate national authority in the matter .


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


### no later than 5 years after the expiry of the deadline for transposition , the commission shall report to the european parliament , the council and the european economic and social committee on the implementation of this directive , making appropriate proposals where necessary . ### no later than 5 years after the expiry of the deadline for transposition , the commission shall report to the european parliament , the council , the european economic and social committee and the committee of the regions on the implementation of this directive , making appropriate proposals where necessary .


### this regulation establishes a visa safeguard clause allowing the rapid , temporary suspension of the visa waiver for a third country on the positive list in case of an emergency situation , where an urgent response is needed in order to resolve the difficulties faced by one or more member states , and taking account of the overall impact of the emergency situation on the european union as a whole . ### this regulation establishes a visa safeguard clause allowing the rapid , temporary suspension of the visa waiver for a third country on the positive list in case of an emergency situation , where an urgent response is needed in order to resolve the difficulties faced by at least three member states or where there is an average rise throughout the eu as a whole of more than 5 % of certain benchmark figures relating to numbers of illegally staying third - country nationals , of rejected asylum applications and of rejected readmission applications , and taking account of the overall impact of the emergency situation on the european union as a whole .


### paragraphs 2 to 5 of this article shall apply in the event of one or more member states being confronted by an emergency situation characterised by the occurrence of any of the following : a sudden increase of at least 50% , over a six month period , in the number of nationals of a third country listed in annex ii found to be illegally staying in the member state ' s territory , in comparison with the previous six month period ; a sudden increase of at least 50% , over a six month period , in comparison with the previous six month period , in the number of asylum applications from the nationals of a third country listed in annex ii for which the recognition rate of asylum applications was less than 3% over that previous six month period ; a sudden increase of at least 50% , over a six month period , in the number of rejected readmission applications submitted by a member state to a third country listed in annex ii for its own nationals , in comparison with the previous six month period . ### paragraphs 2 to 5 of this article shall apply in the event of at least three member states being confronted by an emergency situation characterised by the occurrence of any of the following , or in the event that the average rise in the following benchmarks throughout the eu as a whole exceeds 5 % : a sudden increase of at least 66 % , over a six month period , in the number of nationals of a third country listed in annex ii found to be illegally staying in the member state ' s territory , in comparison with the same period in the previous year ; a sudden increase of at least 66 % , over a six month period , in comparison with the same period in the previous year , in the number of asylum applications from the nationals of a third country listed in annex ii for which the recognition rate of asylum applications was less than 3% over that previous six month period ; a sudden increase of at least 66 % , over a six month period , in the number of rejected readmission applications submitted by a member state to a third country listed in annex ii for its own nationals , in comparison with the same period in the previous year .


### the commission shall examine the notification taking into account the number of member states affected by any of the situations described in paragraph 1 and the overall impact of the increases on the migratory situation in the union as the latter appears from the data provided by the member states as well as from reports prepared by frontex and / or the european asylum support office , and , within three months following receipt thereof , the commission may adopt an implementing decision suspending the exemption of visa requirement for the nationals of the third country concerned for a period of six months . the implementing decision shall be adopted in accordance with the procedure referred to in article 4a . the implementing decision shall determine the date on which the suspension of the exemption of visa requirement is to take effect . ### the commission shall inform the european parliament and the council without delay of the notification received by the member states concerned and examine the notification taking into account the number of member states affected by any of the situations described in paragraph 1 and the overall impact of the increases on the migratory situation in the union as the latter appears from the data provided by the member states as well as from reports prepared by frontex and / or the european asylum support office and , within three months following receipt thereof , the commission shall send the results of its examination to the european parliament and the council , which shall have one week in which to give their consent , after which the commission may adopt an implementing decision suspending the exemption of visa requirement for the nationals of the third country concerned for a period of six months . the implementing decision shall be adopted in accordance with the procedure referred to in article 4a . the implementing decision shall determine the date on which the suspension of the exemption of visa requirement is to take effect .


### article 176 of the treaty provides that the european regional development fund is intended to help to redress the main regional imbalances in the union . in accordance with article 174 of the treaty , the erdf contributes to reducing disparities between the levels of development of the various regions and the backwardness of the least favoured regions , among which particular attention should be paid to regions which suffer from severe and permanent natural or demographic handicaps such as island , cross - border and mountain regions . ### article 176 of the treaty provides that the european regional development fund is intended to help to redress the main regional imbalances in the union . in accordance with article 174 of the treaty , the erdf contributes to reducing disparities between the levels of social and economic development of the various regions and the backwardness of the least favoured regions , among which particular attention should be paid to the most disadvantaged regions and microregions such as areas affected by severe economic and social challenges , and regions which suffer from severe and permanent natural or demographic handicaps such as island , cross - border and mountain regions .


### to increase the value added of the union ' s cohesion policy , the specific provisions should lead to considerable simplification on all levels involved : beneficiaries , programme authorities , participating member states and third countries , as well as the commission . ### to increase the value added of the union ' s cohesion policy in general , and to take into account the multicountry dimension of european territorial cooperation , the specific provisions should lead to considerable simplification on all levels involved : beneficiaries , programme authorities , participating member states and third countries , as well as the commission , since beneficiaries may have to enforce different sets of rules , both from the union itself , from one or several member states and possibly from third countries . particular attention should be paid to the need to avoid inconsistencies between those different sets of rules and to avoid increasing administrative burden .


### interregional cooperation should aim to reinforce the effectiveness of cohesion policy by encouraging exchange of experience between regions to enhance design and implementation of operational programmes under the investment for growth and jobs goal . it should , in particular , foster cooperation between innovative research - intensive clusters and exchanges between researchers and research institutions , based on ‘ regions of knowledge’ and ‘ research potential in convergence and outermost regions’ under the seventh framework programme for research . ### interregional cooperation should aim to reinforce the effectiveness of cohesion policy by encouraging exchange of experience between regions to enhance design and implementation of operational programmes to strengthen the investment in growth and jobs . it should , in particular , foster cooperation between innovative research - intensive clusters and exchanges between researchers and research institutions , based on ' regions of knowledge ' and ' research potential in convergence and outermost regions ' under the seventh framework programme for research .


### the selection of thematic objectives should be limited in order to maximise the impact of cohesion policy across the union . however , the concentration under interregional cooperation should be reflected in the aim of each operation rather than in a limitation of the number of thematic objectives , in order to get the most out of interregional cooperation for the reinforcement of the effectiveness of cohesion policy under the investment for growth and jobs and the european territorial cooperation goals . ### the selection of thematic objectives should be limited in order to maximise the impact of cohesion policy across the union while choosing at least one of the thematic objectives , laid down in points , and of article 9 of regulation no [ . . . cpr ] 1 . however , the concentration under interregional cooperation should be reflected in the aim of each operation rather than in a limitation of the number of thematic objectives , in order to get the most out of interregional cooperation for the reinforcement of the effectiveness of cohesion policy under the investment for growth and jobs and the european territorial cooperation goals . a differentiated approach depending on the regional and local context has to be taken in order to meet the specific needs of a given territory with a particular emphasis on safeguarding the accessibility of services and on supporting active inclusion of disadvantaged groups , such as the roma population and persons with disabilities , fostering social innovation , sustainable growth and decent jobs . __________________ 1 com0615


### in order to deliver on the targets and objectives of smart , sustainable and inclusive growth set out in the europe 2020 strategy , the erdf should contribute under the european territorial cooperation goal to the thematic objectives of developing an economy based on knowledge , research and innovation , promoting a greener , more resource - efficient and competitive economy , fostering high employment that delivers social and territorial cohesion , and developing administrative capacity . however , the list of the investment priorities under the different thematic objectives should be adapted to the specific needs of the european territorial cooperation goal , in particular by allowing for the continuation under cross - border cooperation of legal and administrative cooperation and cooperation between citizens and institutions , of cooperation in the fields of employment , training and social inclusion in a cross - border perspective , by allowing for the continuation under transnational cooperation of maritime cross - border cooperation not covered by cross - border cooperation programmes , and by the development and implementation of macro - regional and sea - basin strategies . ### in order to reach the objectives of smart , sustainable and inclusive growth set out in the europe 2020 strategy , the erdf should contribute under the european territorial cooperation goal to fostering research and innovation , upgrading skills to promote the knowledge economy , developing human capital through education and training , assisting the transition between education , professional training and employment , promoting a greener , more resource - efficient and competitive economy , fostering high and decent employment that delivers social and territorial cohesion , and developing administrative and institutional capacity . however , the list of the investment priorities under the different thematic objectives should be adapted to the specific needs of the european territorial cooperation goal , in particular by allowing for the continuation under cross - border cooperation of legal and administrative cooperation and cooperation between citizens and institutions , of cooperation in the fields of employment , training and social inclusion in a cross - border perspective , by allowing for the continuation under transnational cooperation of maritime cross - border cooperation not covered by cross - border cooperation programmes , and by the development and implementation of macro - regional and sea - basin strategies .


### exchange of experience on thematic objectives among partners throughout the union on the identification and dissemination of good practice with a view to its transfer to operational programmes under the investment for growth and jobs goal ; ### exchange of experience on thematic objectives among partners throughout the union on the identification and dissemination of good practice with a view to its transfer to operational programmes under the investment for growth and jobs goal and identifying clear and measurable targets which should contribute to reach the national objectives of the europe 2020 strategy ;


### analysis of development trends in relation to the aims of territorial cohesion and harmonious development of the european territory through studies , data collection and other measures . ### analysis of development trends in relation to the aims of territorial and social cohesion and harmonious development of the european territory through studies , data collection and other measures .


### for cross - border cooperation , the regions to be supported shall be the nuts level 3 regions of the union along all internal and external land borders other than those covered by programmes under the external financial instruments of the union , and all nuts level 3 regions of the union along maritime borders separated by a maximum of 150 km , without prejudice to potential adjustments needed to ensure the coherence and continuity of cooperation programme areas established for the 2007 - 2013 programming period . ### for cross - border cooperation , the regions to be supported shall be the nuts level 3 regions of the union along all internal and external land borders other than those covered by programmes under the external financial instruments of the union , and all nuts level 3 regions of the union along maritime borders separated by a maximum of 150 km , without prejudice to potential adjustments needed to ensure the coherence and continuity of cooperation programme areas established for the 2007 - 2013 programming period other than for the outermost regions , where this geographical distance criterion does not apply .


### the participating member states and third countries or territories , where applicable , shall confirm in writing their agreement to the contents of a cooperation programme prior to its submission to the commission . this agreement shall also include a commitment of all participating member states to provide the co - financing necessary to implement the cooperation programme . ### the participating member states and third countries or territories , where applicable , shall confirm in writing their agreement to the contents of a cooperation programme prior to its submission to the commission . this agreement shall also include a commitment of all participating member states to provide the co - financing necessary to implement the cooperation programme . the same procedure , namely the agreement of all participating member states and third countries or territories , shall be necessary in the event of an amendment of the cooperation programme in accordance with article 26 of regulation no [ . . . ] / 2012 [ cpr ] .


### the participating member states and third countries or territories , where applicable , shall confirm in writing their agreement to the contents of a cooperation programme prior to its submission to the commission . this agreement shall also include a commitment of all participating member states to provide the co - financing necessary to implement the cooperation programme . ### the participating member states and third countries or territories , when invited to participate in cooperation programmes , shall confirm in writing their agreement to the contents of a cooperation programme prior to its submission to the commission . this agreement shall also include a commitment of all participating member states and , if possible , third countries or territories , to provide the co - financing necessary to implement the cooperation programme .


### for matters not covered by eligibility rules laid down in or on the basis of articles 55 to 61 of regulation no [ … ] / 2012 [ cpr ] , regulation no [ … ] / 2012 [ erdf ] or this regulation or by the monitoring committee , the national rules of the country in which the expenditure is incurred shall apply . ### for matters not covered by eligibility rules laid down in or on the basis of articles 55 to 61 of regulation no [ … ] / 2012 [ cpr ] , regulation no [ … ] / 2012 [ erdf ] , regulation no . . . / 2012 of the european parliament and of the council on [ the financial rules applicable to the annual budget of the union ] or this regulation or by the monitoring committee , the national rules of the country in which the expenditure is incurred shall apply and shall neither contradict union rules , nor add disproportionate administrative burden to the beneficiary .


### draft legislative resolution specific challenges in the area of research and innovation should be addressed through new forms of funding such as prizes , pre - commercial procurement and public procurement of innovative solutions which require specific rules . ### specific challenges in the area of research and innovation should be addressed through new forms of funding such as prizes , pre - commercial procurement and public procurement of innovative solutions which require specific rules as well as an enhanced and more targeted use of innovative financial instruments . member states and the commission should endeavour to increase their visibility and accessibility to relevant stakeholders .


### direct eligible personnel costs may be financed on the basis of scale of unit costs determined according to the participant ' s usual cost accounting practices , provided that they comply with the following cumulative criteria : ### direct eligible personnel costs may be financed on the basis of scale of unit costs determined as reference rates for different categories of researchers , updated by the commission on a yearly basis . rates are differentiated by countries and are obtained by applying the correction coefficients for cost of living in the country . scales of unit costs must comply with the following cumulative criteria :


### they comply with the provisions in article 23 ; ### the provisions in article 23 ;


### they ensure compliance with the non - profit requirement and avoidance of double funding of costs ; ### the non - profit requirement and avoidance of double funding of costs ;


### they are calculated with due regard to the provisions on productive hours in article 25 . ### the provisions on productive hours in article 25 .


### in order to enhance the free movement of fruit juices and certain similar products within the european union , council directive 2001 / 112 / ec of 20 december 2001 relating to fruit juices and certain similar products intended for human consumption has laid down specific provisions regarding production , composition and labelling of the products concerned . those rules should be adapted to technical progress and should take account of developments in relevant international standards , in particular the codex standard for fruit juices and nectars which was adopted by the codex alimentarius commission during its 28th session on 4 - 9 july 2005 and the code of practice of the european fruit juice association . ### in order to protect the interests of consumers and provide them with as much information as possible and to enhance the free movement of fruit juices and certain similar products within the european union , council directive 2001 / 112 / ec of 20 december 2001 relating to fruit juices and certain similar products intended for human consumption has laid down specific provisions regarding production , composition and labelling of the products concerned . the concepts should be clarified and clearly differentiated categories established in order to adapt those rules to technical progress and take account of developments in relevant international standards , in particular the codex standard for fruit juices and nectars which was adopted by the codex alimentarius commission during its 28th session on 4 - 9 july 2005 and the code of practice of the european fruit juice association . 1 oj l 10 , of 12 . 1 . 2002 , p . 58 .


### directive 2000 / 13 / ec of the european parliament and of the council of 20 march 2000 on the approximation of the laws of the member states relating to the labelling , presentation and advertising of foodstuffs , and in particular article 7 and thereof , should apply subject to certain conditions . it should be clearly indicated when a product is a mixture of fruit juice and fruit juice from concentrate , and , for fruit nectar , when it is obtained entirely or partly from a concentrated product . the list of ingredients in the labelling should bear the names of both the fruit juices and fruit juices from concentrate used . ### directive 2000 / 13 / ec of the european parliament and of the council of 20 march 2000 on the approximation of the laws of the member states relating to the labelling , presentation and advertising of foodstuffs , and in particular article 7 and thereof , should apply subject to certain conditions . it should be clearly indicated when a product is a mixture of fruit juice and fruit juice from concentrate , and , for fruit nectar , when it is obtained entirely or partly from a concentrated product . the list of ingredients in the labelling should bear the names of both the fruit juices and fruit juices from concentrate used . there should be a ban on the use of misleading or ambiguous descriptions such as ‘ natural juice’ , which suggest that juices have been produced directly , where this is not the case .


### for products manufactured from two or more fruits , except where lemon and lime juice are used under the conditions laid down in part ii . 2 of annex i , the product names shall be supplemented by a list of the fruits used , in descending order of the volume of the fruit juices or purées included . however , in the case of products manufactured from three or more fruits , the indication of the fruits used may be replaced by the words ‘ several fruits’ or a similar wording , or by the number of fruits used . ### for products manufactured from two or more fruits , except where lemon and lime juice are used under the conditions laid down in part ii . 2 of annex i , the product names shall be supplemented by a list of the fruits used , in descending order of the weight of the fruit juices or purées included . however , in the case of products manufactured from three or more fruits , the indication of the fruits used may be replaced by the words ‘ several fruits’ or a similar wording , or by the number of fruits used .


### the labelling of concentrated fruit juice referred to in annex i , part i , point 2 , not intended for delivery to the final consumer , shall bear a reference indicating the presence and quantity of added lemon juice , lime juice or acidifying agents permitted by regulation no 1333 / 2008 of the european parliament and of the council of 16 december 2008 on food additives* . this reference shall appear on the packaging , on a label attached to the packaging or on an accompanying document . ### the labelling of concentrated fruit juice referred to in annex i , part i , point 2 , not intended for delivery to the final consumer , shall bear a reference indicating the presence and quantity of added lemon juice , lime juice or acidifying agents permitted by regulation no 1333 / 2008 of the european parliament and of the council of 16 december 2008 on food additives* . this reference shall appear on the packaging , on a label attached to the packaging or on an accompanying document . it shall be prohibited to use misleading or ambiguous descriptions such as ‘ natural juice’ , which suggest that juices have been produced directly when this is not the case .


### in order to bring this directive in line with the technical progress and to take account of developments in relevant international standards , the commission may by means of delegated acts adapt the annexes , except of part i of annex i , and of annex ii . ### in order to bring this directive in line with the technical progress and to take account of developments in relevant international standards , the commission may by means of delegated acts adapt the annexes as required , except part i of annex i , and annex ii .


### in order to bring this directive in line with the technical progress and to take account of developments in relevant international standards , the commission may by means of delegated acts adapt the annexes , except of part i of annex i , and of annex ii . ### in order to bring this directive in line with technical progress and to take account of developments in relevant international standards , the commission may by means of delegated acts adapt the annexes , except for part i of annex i , part ii point 2 of annex i , and annex ii .


### the powers to adopt the delegated acts referred to in this directive shall be conferred on the commission for an indeterminate period of time . ### the powers to adopt the delegated acts referred to in article 10 shall be conferred on the commission for a period of five years following the entry into force of this directive . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period .


### the european parliament or the council may object to a delegated act within a period of two months from the date of notification . at the initiative of the european parliament or the council this period shall be extended by one month . ### the european parliament or the council may object to a delegated act within a period of two months from the date of notification . at the initiative of the european parliament or the council this period shall be extended by two months .


### some juices may be processed from fruits with pips , seeds and peel , which are not usually incorporated in the juice ; however parts or components of pips , seeds and peel , which cannot be removed by good manufacturing practices are accepted . ### some juices may be processed from fruits with pips , seeds and peel , which are not usually incorporated in the juice ; where necessary , however , parts or components of pips , seeds and peel , which cannot be removed by good manufacturing practices are accepted .


### citrus limon burm . f . ### citrus limon burm . f . citrus limonium risso