### horizontal principles as set out in article 3 of the treaty on european union and in article 10 of the tfeu , including principles of subsidiarity and proportionality as set out in article 5 of the teu , should be respected in the implementation of the erdf and the cohesion fund , taking into account the charter of fundamental rights of the european union . member states should also respect the obligations of the un convention on the rights of persons with disabilities and ensure accessibility in line with its article 9 and in accordance with the union law harmonising accessibility requirements for products and services . member states and the commission should aim at eliminating inequalities and at promoting equality between men and women and integrating the gender perspective , as well as at combating discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . the funds should not support actions that contribute to any form of segregation . the objectives of the erdf and the cohesion fund should be pursued in the framework of sustainable development and the union ' s promotion of the aim of preserving , protecting and improving the quality of the environment as set out in articles 11 and 191 of the tfeu , taking into account the polluter pays principle . in order to protect the integrity of the internal market , operations benefitting undertakings shall comply with state aid rules as set out in articles 107 and 108 of the tfeu . ### horizontal principles as set out in article 3 of the treaty on european union and in article 10 of the tfeu , including principles of subsidiarity and proportionality as set out in article 5 of the teu , should be respected in the implementation of the erdf and the cohesion fund , taking into account the charter of fundamental rights of the european union . member states and the commission should aim at eliminating inequalities and at promoting equality between men and women and integrating the gender perspective , as well as at combating discrimination based on gender , racial or ethnic origin , religion or belief , disability , age or sexual orientation . they should also ensure that the erdf and the cohesion fund promote equal opportunities for all , without discrimination in accordance with article 10 tfeu and promotes the inclusion in society of persons with disabilities on an equal basis with others and contribute to the implementation of the united nations convention on the rights of persons with disabilities and ensure accessibility in line with its article 9 . the funds should also promote the transition from institutional care to family and community - based care , in particular for those who face multiple discrimination . the funds should the funds should not support actions that contribute to any form of segregation or social exclusion . the objectives of the erdf and the cohesion fund should be pursued in the framework of sustainable development and the union ' s promotion of the aim of preserving , protecting and improving the quality of the environment as set out in articles 11 and 191 of the tfeu , taking into account the polluter pays principle . in order to protect the integrity of the internal market , operations benefitting undertakings shall comply with state aid rules as set out in articles 107 and 108 of the tfeu .


### investment related to production , processing , distribution , storage or combustion of fossil fuels , with the exception of investment related to clean vehicles as defined in article 4 of directive 2009 / 33 / ec of the european parliament and of the council26 ; __________________ 26 directive 2009 / 33 / ec of the european parliament and of the council of 23 april 2009 on the promotion of clean and energy - efficient road transport vehicles . ### investment related to production , processing , distribution , storage or combustion of fossil fuels , with the exception of investment : related to clean vehicles as defined in article 4 of directive 2009 / 33 / ec of the european parliament and of the council26 ; linked to improving energy efficiency in district heating systems ; in the transport and distribution of gas to ensure energy security ; and in cases where fossil fuels are only an auxiliary component ; __________________ 26 directive 2009 / 33 / ec of the european parliament and of the council of 23 april 2009 on the promotion of clean and energy - efficient road transport vehicles .


### ' a greener , low - carbon europe by promoting clean and fair energy transition , green and blue investment , the circular economy , climate adaptation and risk prevention and management by : ### ' a greener , low - carbon europe by promoting clean and fair energy transition , green and blue investment , the circular economy , urban mobility , climate adaptation and risk prevention and management by :


### fostering the integrated social , economic and environmental development , cultural heritage and security in urban areas ; ### fostering the integrated social , economic , cultural and environmental development , cultural expression and heritage and security in urban and rural areas ;


### in addition , investments under the erdf should contribute to the development of a comprehensive high - speed digital infrastructure network , and to promoting clean and sustainable multimodal urban mobility . ### in addition , investments under the erdf should contribute to the development of a comprehensive high - speed digital infrastructure network throughout the union , including in rural areas where it is a vital contributor to small and medium - sized enterprises , and to promoting clean and sustainable multimodal urban mobility .


### promoting energy efficiency measures ; ### promoting energy efficiency measures taking into account the energy efficiency first principle ; particular attention should be given to projects aiming at tackling energy poverty as well as to smaller or clusters of smaller scale public or private projects targeting households ;


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


### in order to maximise the contribution to territorial development , actions in this field should be based on integrated territorial strategies including in urban areas . therefore , the erdf support should be delivered through the forms set out in article 22 of regulation 2018 / xxxx [ new cpr ] ensuring appropriate involvement of local , regional and urban authorities . ### in order to maximise the contribution to territorial development , and be more effective in addressing economic , demographic , environmental and social challenges in areas with natural or demographic disadvantages or which have difficulty accessing basic services , actions in this field should be based on programmes , axes or integrated territorial strategies which may in addition benefit from a multifund and integrated approach involving the erdf , esf + , emff and eafrd . a minimum target of 5 % of erdf resources should be earmarked at national level for the territorial development priority . therefore , support should be delivered ensuring appropriate involvement of local , regional and urban authorities .


### improving access to inclusive and quality services in education , training and life long learning through developing infrastructure ; ### improving access to inclusive and quality services in education , training and life long learning through developing accessible infrastructure and services ;


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


### member states of group 1 shall allocate at least 85 % of their total erdf resources under priorities other than for technical assistance to po&#160 ; 1 and po&#160 ; 2 , and at least 60&#160 ; % to po&#160 ; 1 ; ### for the more developed regions category they shall allocate : at least 60&#160 ; % of total erdf resources at national level to one of the pos listed in the first paragraph of article 2 of regulation 2018 / xxxx [ new erdf ] ; and at least 30 % of total erdf resources at national level to po 2 ;


### in order to concentrate the use of limited resources in the most efficient way , the support given to by the erdf to productive investments under the relevant specific objective , should be limited to only micro , small and medium - sized enterprises within the meaning of commission recommendation 2003 / 361 / ec19 , except where investments involve cooperation with smes in research and innovation activities . __________________ 19 commission recommendation 2003 / 361 / ec of 6 may 2003 concerning the definition of micro , small and medium - sized enterprises . ### in order to concentrate the use of limited resources in the most efficient way , but without undermining achievement of the programme ' s objectives , the support given to by the erdf to productive investments under the relevant specific objective , should preferably be limited to micro , small and medium - sized enterprises within the meaning of commission recommendation 2003 / 361 / ec19 , except where investments involve cooperation with smes . __________________ 19 commission recommendation 2003 / 361 / ec of 6 may 2003 concerning the definition of micro , small and medium - sized enterprises .


### enhancing biodiversity , green infrastructure in the urban environment , and reducing pollution ; ### enhancing biodiversity , green infrastructure , promoting zero emissions urban mobility , reducing pollution , protecting and promoting natural heritage ;


### fostering the integrated social , economic and environmental development , cultural heritage and security in urban areas ; ### fostering the integrated social , economic and environmental development , culture , cultural heritage , sport and provision of their infrastructure as well as security in urban areas ; recalling that all the projects related to cultural heritage preservation , restoration , reuse and communication should take into consideration the recommendations on quality interventions on cultural heritage sites issued during the european year of cultural heritage 2018 ;


### investment related to production , processing , distribution , storage or combustion of fossil fuels , with the exception of investment related to clean vehicles as defined in article 4 of directive 2009 / 33 / ec of the european parliament and of the council26 ; _________________ 26 directive 2009 / 33 / ec of the european parliament and of the council of 23 april 2009 on the promotion of clean and energy - efficient road transport vehicles . ### investment related to production , processing , transport , distribution , storage or combustion of fossil fuels , even if they are ancillary components , with the exception of investment related to clean vehicles as defined in article 4 of directive 2009 / 33 / ec of the european parliament and of the council26 ; _________________ 26 directive 2009 / 33 / ec of the european parliament and of the council of 23 april 2009 on the promotion of clean and energy - efficient road transport vehicles oj l 120 , 15 . 5 . 2009 , p . 5 ) .


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


### member states shall implement integrated territorial development , supported by the erdf , exclusively through the forms referred to in article [ 22 ] of regulation 2018 / xxxx [ new cpr ] . ### member states shall implement integrated territorial development , through a specific axis or programme or through the other forms referred to in article [ 22 ] of regulation 2018 / xxxx [ new cpr ] , and may benefit from a multifund and integrated approach involving the erdf , esf + , emff and eafrd .


### pursuant to paragraph 22 and 23 of the inter - institutional agreement for better law - making of 13 april 2016 , there is a need to evaluate the funds on the basis of information collected through specific monitoring requirements , while avoiding overregulation and administrative burdens , in particular on member states . these requirements , where appropriate , can include measurable indicators , as a basis for evaluating the effects of the funds on the ground . ### pursuant to paragraph 22 and 23 of the inter - institutional agreement for better law - making of 13 april 2016 , there is a need to evaluate the funds on the basis of information collected through specific monitoring requirements , while avoiding overregulation and administrative burdens , in particular on member states . as far as possible , these requirements should include measurable indicators , as a basis for evaluating the effects of the funds on the ground .


### member states of group 1 shall allocate at least 85 % of their total erdf resources under priorities other than for technical assistance to po 1 and po 2 , and at least 60 % to po 1 ; ### in more developed regions at least 75 % of the total erdf resources at national level shall be allocated under priorities other than for technical assistance to po 1 and po 2 , and at least 30 % to po 2 ;


### member states of group 2 shall allocate at least 45 % of their total erdf resources under priorities other than for technical assistance to po 1 , and at least 30 % to po 2 ; ### for the transition regions category they shall allocate : at least 45&#160 ; % of total erdf resources at national level to one of the pos listed in the first paragraph of article 2 of regulation 2018 / xxxx [ new erdf ] ; and at least 30 % of total erdf resources at national level to po 2 ;


### upon request from one or more member states , the european urban initiative may also support inter - governmental cooperation on urban matters . ### the european urban initiative shall also support inter - governmental cooperation on urban matters .


### fostering the integrated social , economic and environmental development , cultural heritage and security in urban areas ; ### fostering integrated social , economic and environmental development , culture , natural heritage , sustainable tourism and security in urban areas ;


### ' a europe closer to citizens by fostering the sustainable and integrated development of urban , rural and coastal areas and local initiatives ' by : ### ' a europe closer to citizens by fostering the sustainable and integrated development of urban , mountainous , rural and coastal areas and areas that have difficulty accessing basic services , and local initiatives ' by :


### enhancing the effectiveness of labour markets and access to quality employment through developing social innovation and infrastructure ; ### enhancing the effectiveness of labour markets and access to quality employment and support for worker mobility through developing social innovation and infrastructure that&#160 ; encourages balanced territorial development across the whole eu , in&#160 ; particular for women in rural areas , paying specific attention to education , skills training and jobs in rural areas ;


### fostering the integrated social , economic and environmental local development , cultural heritage and security , including for rural and coastal areas also through community - led local development . ### fostering integrated social , economic and environmental development , culture , natural heritage , sustainable tourism and security , all at local level , cultural heritage and security , including for mountainous , rural and coastal areas , and areas that have difficulty accessing basic services , through territorial and local development strategies , through the forms set out in points and of article 22 of regulation 2018 / xxxx [ new cpr ] .


### the erdf shall support integrated territorial development based on territorial strategies in accordance with article [ 23 ] of regulation 2018 / xxxx [ new cpr ] focused on urban areas within programmes under both goals referred to in article 4 of that regulation . ### the erdf shall support integrated territorial development based on territorial strategies in accordance with article&#160 ; [ 23 ] of regulation 2018 / xxxx [ new cpr ] focused on functional - urban areas within programmes under both goals referred to in article 4 of that regulation .


### pursuant to paragraph 22 and 23 of the inter - institutional agreement for better law - making of 13 april 2016 , there is a need to evaluate the funds on the basis of information collected through specific monitoring requirements , while avoiding overregulation and administrative burdens , in particular on member states . these requirements , where appropriate , can include measurable indicators , as a basis for evaluating the effects of the funds on the ground . ### pursuant to paragraph 22 and 23 of the inter - institutional agreement for better law - making of 13 april 2016 , there is a need to evaluate the funds on the basis of information collected through specific monitoring requirements , while avoiding overregulation and administrative burdens . these requirements , where appropriate , can include measurable indicators , as a basis for evaluating the effects of the funds on the ground .


### productive investments in smes ; ### productive investments and investments which help to safeguard existing jobs and create new jobs in smes ;


### horizontal principles as set out in article 3 of the treaty on european union and in article 10 of the tfeu , including principles of subsidiarity and proportionality as set out in article 5 of the teu , should be respected in the implementation of the erdf and the cohesion fund , taking into account the charter of fundamental rights of the european union . member states should also respect the obligations of the un convention on the rights of persons with disabilities and ensure accessibility in line with its article 9 and in accordance with the union law harmonising accessibility requirements for products and services . member states and the commission should aim at eliminating inequalities and at promoting equality between men and women and integrating the gender perspective , as well as at combating discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . the funds should not support actions that contribute to any form of segregation . the objectives of the erdf and the cohesion fund should be pursued in the framework of sustainable development and the union ' s promotion of the aim of preserving , protecting and improving the quality of the environment as set out in articles 11 and 191 of the tfeu , taking into account the polluter pays principle . in order to protect the integrity of the internal market , operations benefitting undertakings shall comply with state aid rules as set out in articles 107 and 108 of the tfeu . ### horizontal principles as set out in article 3 of the treaty on european union , with a special focus on combating social exclusion and discrimination , and in article 10 of the tfeu , including principles of subsidiarity and proportionality as set out in article 5 of the teu , should be respected in the implementation of the erdf and the cohesion fund , taking into account and fully respecting the charter of fundamental rights of the european union and the european convention for the protection of human rights and fundamental freedoms . member states should also comply with the obligations set out in the un convention on the rights of persons with disabilities , in particular the obligation to ensure accessibility set out in its article 9 , in accordance with the union law harmonising accessibility requirements for products and services . the accessibility of persons with disabilities should be guaranteed in all infrastructure projects funded by the erdf and the cohesion fund with the exception of duly justified cases . member states and the commission should aim at eradicating poverty , at eliminating inequalities and at promoting equality between men and women and integrating the gender perspective , as well as at combating discrimination complying with article 21 of the charter that stipulates that any discrimination based on any ground such as sex , race , colour , ethnic or social origin , genetic features , language , religion or belief , political or any other opinion , membership of a national minority , property , birth , disability , age or sexual orientation is prohibited . . the funds should not support actions that contribute to any form of segregation . the objectives of the erdf and the cohesion fund should be pursued in the framework of sustainable development and the union ' s promotion of the aim of preserving , protecting and improving the quality of the environment as set out in articles 11 and 191 of the tfeu , taking into account the polluter pays principle . in order to protect the integrity of the internal market , operations benefitting undertakings shall comply with state aid rules as set out in articles 107 and 108 of the tfeu .


### ensuring equal access to health care through developing infrastructure , including primary care ; ### ensuring equal access to physical and mental health care including preventive measures through developing infrastructure , including primary care ;


### reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the united nations sustainable development goals , the funds will contribute to mainstream climate actions and to the achievement of an overall target of 25 % of the eu budget expenditure supporting climate objectives . operations under the erdf are expected to contribute 30 % of the overall financial envelope of the erdf to climate objectives . operations under the cohesion fund are expected to contribute 37 % of the overall financial envelope of the cohesion fund to climate objectives . ### reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the united nations sustainable development goals , as well as to ensure integrated disaster prevention support linking resilience and risk prevention , preparation and response , the funds will contribute to mainstream climate actions and to the achievement of an overall target of 25 % of the eu budget expenditure supporting climate objectives . operations under the erdf are expected to contribute 30 % of the overall financial envelope of the erdf to climate objectives . operations under the cohesion fund are expected to contribute 37 % of the overall financial envelope of the cohesion fund to climate objectives .


### ' a more social europe implementing the european pillar of social rights ' by : ### ' a non - discriminatory , inclusive and more social europe implementing the european pillar of social rights , and eliminating poverty and social exclusion ' by :


### in order to improve the overall administrative capacity of institutions and governance in member states implementing programmes under the investment for jobs and growth goal , it is necessary to enable supporting measures under all of the specific objectives . ### in order to improve the overall administrative capacity of the institutions and governance in the member states implementing the programmes under the investment for jobs and growth goal , it is necessary to promote administrative reinforcement measures of a structural nature in support of all specific objectives , based on measurable objectives and notified to citizens and businesses as a means of simplifying and reducing the administrative burden .


### member states of group 3 shall allocate at least 35 % of their total erdf resources under priorities other than for technical assistance to po 1 , and at least 30 % to po 2 . ### less developed regions shall allocate at least 33 % of their total erdf resources under priorities other than for technical assistance to both po 1 and po 2 .


### member states of group 1 shall allocate at least 85 % of their total erdf resources under priorities other than for technical assistance to po&#160 ; 1 and po&#160 ; 2 , and at least 60&#160 ; % to po&#160 ; 1 ; ### for the more developed regions category they shall allocate : at least 60&#160 ; % of total erdf resources at national level to one of the pos listed in the first paragraph of article 2 of regulation 2018 / xxxx [ new erdf ] ; and at least 30 % of total erdf resources at national level to po 2 ;


### member states of group 3 shall allocate at least 35 % of their total erdf resources under priorities other than for technical assistance to po 1 , and at least 30 % to po 2 . ### for the less developed regions category they shall allocate : at least 35&#160 ; % of total erdf resources at national level to one of the pos listed in the first paragraph of article 2 of regulation 2018 / xxxx [ new erdf ] ; and at least 30 % of total erdf resources at national level to po 2 ;


### promoting sustainable water management ; ### promoting sustainable water management , and access to drinking water to all citizens ;


### member states of group 2 shall allocate at least 45 % of their total erdf resources under priorities other than for technical assistance to po 1 , and at least 30 % to po 2 ; ### for the transition regions category they shall allocate : at least 45&#160 ; % of total erdf resources at national level to one of the pos listed in the first paragraph of article 2 of regulation 2018 / xxxx [ new erdf ] ; and at least 30 % of total erdf resources at national level to po 2 ;


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


### promoting climate change adaptation , risk prevention and disaster resilience ; ### promoting climate change adaptation , risk prevention including seismic risk prevention and promoting resilience to disaster and extreme weather events ;


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


### promoting sustainable multimodal urban mobility ; ### promoting sustainable multimodal mobility in both urban and rural areas ;


### where the erdf allocation with regard to po 1 or po 2 or both of a given programme is reduced following a decommitment under article [ 99 ] of regulation 2018 / xxxx [ new cpr ] , or due to financial corrections by the commission in accordance with article [ 98 ] of that regulation , compliance with the thematic concentration requirement set out in paragraph 4 shall not be re - assessed . ### where the erdf allocation with regard to po 2 or both the selected pos of a given programme is reduced following a decommitment under article [ 99 ] of regulation 2018 / xxxx [ new cpr ] , or due to financial corrections by the commission in accordance with article [ 98 ] of that regulation , compliance with the thematic concentration requirement set out in paragraph 4 shall not be re - assessed .


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


### sustainable urban development ### sustainable urban and rural development


### horizontal principles as set out in article 3 of the treaty on european union and in article 10 of the tfeu , including principles of subsidiarity and proportionality as set out in article 5 of the teu , should be respected in the implementation of the erdf and the cohesion fund , taking into account the charter of fundamental rights of the european union . member states should also respect the obligations of the un convention on the rights of persons with disabilities and ensure accessibility in line with its article 9 and in accordance with the union law harmonising accessibility requirements for products and services . member states and the commission should aim at eliminating inequalities and at promoting equality between men and women and integrating the gender perspective , as well as at combating discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . the funds should not support actions that contribute to any form of segregation . the objectives of the erdf and the cohesion fund should be pursued in the framework of sustainable development and the union ' s promotion of the aim of preserving , protecting and improving the quality of the environment as set out in articles 11 and 191 of the tfeu , taking into account the polluter pays principle . in order to protect the integrity of the internal market , operations benefitting undertakings shall comply with state aid rules as set out in articles 107 and 108 of the tfeu . ### horizontal principles as set out in article 3 of the treaty on european union , with a special focus on combating social exclusion and discrimination , and in article 10 of the tfeu , including principles of subsidiarity and proportionality as set out in article 5 of the teu , should be respected in the implementation of the erdf and the cohesion fund , taking into account and fully respecting the charter of fundamental rights of the european union and the european convention for the protection of human rights and fundamental freedoms . member states should also comply with the obligations set out in the un convention on the rights of persons with disabilities , in particular the obligation to ensure accessibility set out in its article 9 , in accordance with the union law harmonising accessibility requirements for products and services . the accessibility of persons with disabilities should be guaranteed in all infrastructure projects funded by the erdf and the cohesion fund with the exception of duly justified cases . member states and the commission should aim at eradicating poverty , at eliminating inequalities and at promoting equality between men and women and integrating the gender perspective , as well as at combating discrimination complying with article 21 of the charter that stipulates that any discrimination based on any ground such as sex , race , colour , ethnic or social origin , genetic features , language , religion or belief , political or any other opinion , membership of a national minority , property , birth , disability , age or sexual orientation is prohibited . . the funds should not support actions that contribute to any form of segregation . the objectives of the erdf and the cohesion fund should be pursued in the framework of sustainable development and the union ' s promotion of the aim of preserving , protecting and improving the quality of the environment as set out in articles 11 and 191 of the tfeu , taking into account the polluter pays principle . in order to protect the integrity of the internal market , operations benefitting undertakings shall comply with state aid rules as set out in articles 107 and 108 of the tfeu .


### those with a gross national income ratio below 75 % of the eu average . ### less developed regions , whose per capita gross domestic product is below 75 % of the eu27 average ;


### in order to maximise the contribution to territorial development , actions in this field should be based on integrated territorial strategies including in urban areas . therefore , the erdf support should be delivered through the forms set out in article 22 of regulation 2018 / xxxx [ new cpr ] ensuring appropriate involvement of local , regional and urban authorities . ### in order to maximise the contribution to territorial development , and be more effective in addressing economic , demographic , environmental and social challenges in areas with natural or demographic disadvantages or which have difficulty accessing basic services , actions in this field should be based on programmes , axes or integrated territorial strategies which may in addition benefit from a multifund and integrated approach involving the erdf , esf + , emff and eafrd . a minimum target of 5 % of erdf resources should be earmarked at national level for the territorial development priority . therefore , support should be delivered ensuring appropriate involvement of local , regional and urban authorities .


### fostering the integrated social , economic and environmental local development , cultural heritage and security , including for rural and coastal areas also through community - led local development . ### fostering integrated social , economic and environmental development , culture , natural heritage , sustainable tourism and security , all at local level , cultural heritage and security , including for mountainous , rural and coastal areas , and areas that have difficulty accessing basic services , through territorial and local development strategies , through the forms set out in points and of article 22 of regulation 2018 / xxxx [ new cpr ] .


### in order to concentrate the use of limited resources in the most efficient way , the support given to by the erdf to productive investments under the relevant specific objective , should be limited to only micro , small and medium - sized enterprises within the meaning of commission recommendation 2003 / 361 / ec19 , except where investments involve cooperation with smes in research and innovation activities . _________________ 19 commission recommendation 2003 / 361 / ec of 6 may 2003 concerning the definition of micro , small and medium - sized enterprises . ### in order to concentrate the use of limited resources in the most efficient way , the support given to by the erdf to productive investments under the relevant specific objective , should be reserved primarily for micro , small and medium - sized enterprises within the meaning of commission recommendation 2003 / 361 / ec19 , except where investments involve cooperation with smes . _________________ 19 commission recommendation 2003 / 361 / ec of 6 may 2003 concerning the definition of micro , small and medium - sized enterprises


### increasing the socioeconomic integration of marginalised communities , migrants and disadvantaged groups , through integrated measures including housing and social services ; ### increasing the socioeconomic inclusion of marginalised communities , such as the roma , and other disadvantaged groups through integrated measures including housing and social services ;


### increasing the socioeconomic integration of marginalised communities , migrants and disadvantaged groups , through integrated measures including housing and social services ; ### increasing the socioeconomic integration of marginalised communities , migrants and disadvantaged groups , through integrated actions including housing and social services ;


### increasing the socioeconomic integration of marginalised communities , migrants and disadvantaged groups , through integrated measures including housing and social services ; ### promoting the socioeconomic integration of marginalised communities and disadvantaged groups , through integrated actions , including housing and social services ;


### in order to maximise the contribution to territorial development , actions in this field should be based on integrated territorial strategies including in urban areas . therefore , the erdf support should be delivered through the forms set out in article 22 of regulation 2018 / xxxx [ new cpr ] ensuring appropriate involvement of local , regional and urban authorities . ### in order to maximise the contribution to territorial development , and to address more effectively economic , demographic , environmental and social challenges in areas with natural or demographic disadvantages or where it is difficult to access basic services , actions in this field should be based on programmes , axes or integrated territorial strategies which may also benefit from a multifund and integrated approach involving the erdf , esf + , emff and eafrd . a minimum target of 5% of erdf resources should be earmarked at national level for the integrated territorial development priority . therefore , support should be delivered ensuring appropriate involvement of local , regional and urban authorities .


### member states shall implement integrated territorial development , supported by the erdf , exclusively through the forms referred to in article [ 22 ] of regulation 2018 / xxxx [ new cpr ] . ### member states may implement integrated territorial development , supported by the erdf , exclusively through the forms referred to in article [ 22 ] of regulation 2018 / xxxx [ new cpr ] .


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


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


### horizontal principles as set out in article 3 of the treaty on european union and in article 10 of the tfeu , including principles of subsidiarity and proportionality as set out in article 5 of the teu , should be respected in the implementation of the erdf and the cohesion fund , taking into account the charter of fundamental rights of the european union . member states should also respect the obligations of the un convention on the rights of persons with disabilities and ensure accessibility in line with its article 9 and in accordance with the union law harmonising accessibility requirements for products and services . member states and the commission should aim at eliminating inequalities and at promoting equality between men and women and integrating the gender perspective , as well as at combating discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . the funds should not support actions that contribute to any form of segregation . the objectives of the erdf and the cohesion fund should be pursued in the framework of sustainable development and the union ' s promotion of the aim of preserving , protecting and improving the quality of the environment as set out in articles 11 and 191 of the tfeu , taking into account the polluter pays principle . in order to protect the integrity of the internal market , operations benefitting undertakings shall comply with state aid rules as set out in articles 107 and 108 of the tfeu . ### horizontal principles as set out in article 3 of the treaty on european union and in article 10 of the tfeu , including principles of subsidiarity and proportionality as set out in article 5 of the teu , should be respected in the implementation of the erdf and the cohesion fund , taking into account the charter of fundamental rights of the european union . member states and the commission should aim at eliminating inequalities and at promoting equality between men and women and integrating the gender perspective , as well as at combating discrimination based on gender , racial or ethnic origin , religion or belief , disability , age or sexual orientation . they should also ensure that the erdf and the cohesion fund promote equal opportunities for all , without discrimination in accordance with article 10 tfeu and promotes the inclusion in society of persons with disabilities on an equal basis with others and contribute to the implementation of the united nations convention on the rights of persons with disabilities and ensure accessibility in line with its article 9 . the funds should also promote the transition from institutional care to family and community - based care , in particular for those who face multiple discrimination . the funds should the funds should not support actions that contribute to any form of segregation or social exclusion . the objectives of the erdf and the cohesion fund should be pursued in the framework of sustainable development and the union ' s promotion of the aim of preserving , protecting and improving the quality of the environment as set out in articles 11 and 191 of the tfeu , taking into account the polluter pays principle . in order to protect the integrity of the internal market , operations benefitting undertakings shall comply with state aid rules as set out in articles 107 and 108 of the tfeu .


### the specific additional allocation for the outermost regions shall be used to offset the additional costs incurred in these regions as a result of one or several of the permanent restraints to their development listed in article 349 of the tfeu . ### article 3 shall not apply to the specific additional allocation for the outermost regions . this allocation shall be used to offset the additional costs incurred in these regions as a result of one or several of the permanent restraints to their development listed in article 349 of the tfeu .


### where the erdf allocation with regard to po 1 or po 2 or both of a given programme is reduced following a decommitment under article [ 99 ] of regulation 2018 / xxxx [ new cpr ] , or due to financial corrections by the commission in accordance with article [ 98 ] of that regulation , compliance with the thematic concentration requirement set out in paragraph 4 shall not be re - assessed . ### where the erdf allocation with regard to po 2 or both the selected pos of a given programme is reduced following a decommitment under article [ 99 ] of regulation 2018 / xxxx [ new cpr ] , or due to financial corrections by the commission in accordance with article [ 98 ] of that regulation , compliance with the thematic concentration requirement set out in paragraph 4 shall not be re - assessed .


### those with a gross national income ratio equal to or above 75 % and below 100 % of the eu average ; ### transition regions , whose per capita gross domestic product is between 75 % and 100 % of the eu27 average ;


### in order to concentrate the use of limited resources in the most efficient way , the support given to by the erdf to productive investments under the relevant specific objective , should be limited to only micro , small and medium - sized enterprises within the meaning of commission recommendation 2003 / 361 / ec19 , except where investments involve cooperation with smes in research and innovation activities . __________________ 19 commission recommendation 2003 / 361 / ec of 6 may 2003 concerning the definition of micro , small and medium - sized enterprises . ### in order to concentrate the use of limited resources in the most efficient way , but without undermining achievement of the programme ' s objectives , the support given to by the erdf to productive investments under the relevant specific objective , should preferably be limited to micro , small and medium - sized enterprises within the meaning of commission recommendation 2003 / 361 / ec19 , except where investments involve cooperation with smes . __________________ 19 commission recommendation 2003 / 361 / ec of 6 may 2003 concerning the definition of micro , small and medium - sized enterprises .


### in an increasingly interconnected world and in view of the demographic and migration dynamics , it is clear that union migration policy requires a common approach that relies on the synergies and complementarities of the different funding instruments . in order to ensure coherent , strong and consistent support for solidarity and responsibility - sharing efforts between member states in managing migration , the erdf should provide support to facilitate the long - term integration of migrants . ### in an increasingly interconnected world and in view of the demographic and migration dynamics , it is clear that union migration policy requires a common approach that relies on the synergies and complementarities of the different funding instruments . in order to ensure coherent , strong and consistent support for solidarity and responsibility - sharing efforts between member states in managing migration , the erdf should provide support to facilitate the long - term integration of migrants and refugees . priority should be given to the promotion of employment and social inclusion , the fight against poverty and discrimination , and investment in education , continuous training and apprenticeships .


### this initiative shall cover all urban areas and shall support the urban agenda of the union . ### this initiative shall cover all functional - urban areas and shall support the urban agenda of the union . local authorities should be actively involved in establishing and implementing the european urban initiative .


### in order to improve the overall administrative capacity of institutions and governance in member states implementing programmes under the investment for jobs and growth goal , it is necessary to enable supporting measures under all of the specific objectives . ### in order to improve the overall administrative capacity of the institutions and governance in the member states implementing the programmes under the investment for jobs and growth goal , it is necessary to promote administrative reinforcement measures of a structural nature in support of all specific objectives , based on measurable objectives and notified to citizens and businesses as a means of simplifying and reducing the administrative burden .


### in order to maximise the contribution to territorial development , actions in this field should be based on integrated territorial strategies including in urban areas . therefore , the erdf support should be delivered through the forms set out in article 22 of regulation 2018 / xxxx [ new cpr ] ensuring appropriate involvement of local , regional and urban authorities . ### in order to maximise the contribution to territorial development , and be more effective in addressing economic , demographic , environmental and social challenges in areas with natural or demographic disadvantages or which have difficulty accessing basic services , actions in this field should be based on programmes , axes or integrated territorial strategies which may in addition benefit from a multifund and integrated approach involving the erdf , esf + , emff and eafrd . a minimum target of 5 % of erdf resources should be earmarked at national level for the territorial development priority . therefore , support should be delivered ensuring appropriate involvement of local , regional and urban authorities .


### the erdf may support integrated territorial development within programmes under both goals referred to in article 4 of regulation 2018 / xxxx [ new cpr ] in accordance with chapter ii of title iii of that regulation [ new cpr ] . ### the erdf shall support integrated territorial development within programmes under both goals referred to in article 4 of regulation 2018 / xxxx [ new cpr ] in accordance with chapter ii of title iii of that regulation [ new cpr ] .


### ' a more social europe implementing the european pillar of social rights ' by : ### ' a non - discriminatory , inclusive and more social europe implementing the european pillar of social rights , and eliminating poverty and social exclusion ' by :


### the erdf shall support integrated territorial development based on territorial strategies in accordance with article&#160 ; [ 23 ] of regulation 2018 / xxxx [ new cpr ] focused on urban areas within programmes under both goals referred to in article 4 of that regulation . ### to address economic , environmental , climate , demographic and social challenges , the erdf shall support integrated territorial development based on territorial strategies in accordance with article&#160 ; [ 23 ] of regulation 2018 / xxxx [ new cpr ] , which may also benefit from a multifund and integrated approach involving the erdf and the esf + , and focused on urban areas within programmes under both goals referred to in article 4 of that regulation .


### the erdf shall support integrated territorial development based on territorial strategies in accordance with article [ 23 ] of regulation 2018 / xxxx [ new cpr ] focused on urban areas within programmes under both goals referred to in article 4 of that regulation . ### the erdf shall support integrated territorial development based on territorial strategies in accordance with article&#160 ; [ 23 ] of regulation 2018 / xxxx [ new cpr ] within programmes under both goals referred to in article 4 of that regulation .


### fostering the integrated social , economic and environmental development , cultural heritage and security in urban areas ; ### fostering the integrated social , economic and environmental development , cultural heritage and security in functional - urban areas ;


### fostering the integrated social , economic and environmental local development , cultural heritage and security , including for rural and coastal areas also through community - led local development . ### fostering integrated social , economic and environmental development , culture , natural heritage , sustainable tourism and security , all at local level , cultural heritage and security , including for mountainous , rural and coastal areas , and areas that have difficulty accessing basic services , through territorial and local development strategies , through the forms set out in points and of article 22 of regulation 2018 / xxxx [ new cpr ] .


### member states shall implement integrated territorial development , supported by the erdf , exclusively through the forms referred to in article [ 22 ] of regulation 2018 / xxxx [ new cpr ] . ### member states shall implement integrated territorial development , supported by the erdf , exclusively through the forms referred to in article [ 22 ] of regulation 2018 / xxxx [ new cpr ] . this could take the form of a multi - fund approach , in particular with the esf + , and should , where appropriate , be articulated through the eafrd and the emff .


### individual export authorisations and global export authorisations shall be valid for one year , and may be renewed by the competent authority . global export authorisations for large projects shall be valid for a duration to be determined by the competent authority . ### individual export authorisations and global export authorisations shall be valid for two years , and may be renewed by the competent authority . global export authorisations for large projects shall be valid for a duration to be determined by the competent authority .


### the commission and the member states will maintain an updated register of authorisation requirements in place . ### the commission and the member states shall maintain an updated register of authorisation requirements in place . the data available in this register will be included in the report to the european parliament , referred to in article 24 .


### the commission and the competent authorities of the member states shall , where appropriate , maintain regular and reciprocal exchange of information with third countries . ### the commission and the competent authorities of the member states shall engage , where appropriate , in those multilateral export control regimes in which they participate to promote international adherence to the list of dual - use items subject to export controls in section b of annex i and , where appropriate , maintain regular and reciprocal exchange of information with third countries , engage in capacity - building and to promote upward convergence .


### considering the emergence of new categories of dual - use items , and in response to calls from the european parliament and indications that certain cyber - surveillance technologies exported from the union have been misused by persons complicit in or responsible for directing or committing serious violations of human rights or international humanitarian law in situations of armed conflict or internal repression , it is appropriate to control the export of those technologies in order to protect public security as well as public morals . these measures should not go beyond what is proportionate . they should , in particular , not prevent the export of information and communication technology used for legitimate purposes , including law enforcement and internet security research . the commission , in close consultations with the member states and stakeholders , will develop guidelines to support the practical applications of those controls . ### considering the emergence of new categories of dual - use items , and in response to calls from the european parliament and indications that certain cyber - surveillance technologies exported from the union have been misused by persons complicit in or responsible for directing or committing serious violations of human rights or international humanitarian law in situations of armed conflict or internal repression , it is appropriate to control the export of those technologies in order to protect public security as well as public morals . these measures should not go beyond what is proportionate . they should , in particular , not prevent the export of information and communication technology used for legitimate purposes , including law enforcement and internet security research . the commission , in close consultations with the member states and stakeholders , should provide guidance to support the practical applications of those controls upon entry into force of this regulation .


### for use by persons complicit in or responsible for directing or committing serious violations of human rights or international humanitarian law in situations of armed conflict or internal repression in the country of final destination , as identified by relevant public international institutions , or european or national competent authorities , and where there is evidence of the use of this or similar items for directing or implementing such serious violations by the proposed end - user ; ### for use by persons complicit in or responsible for directing or committing violations of international human rights law , in countries where serious violations of human rights have been identified by relevant public international institutions , or european or national competent authorities , and where there is evidence of the use of this or similar items for directing or implementing such serious violations by the proposed end - user ;


### for use by persons complicit in or responsible for directing or committing serious violations of human rights or international humanitarian law in situations of armed conflict or internal repression in the country of final destination , as identified by relevant public international institutions , or european or national competent authorities , and where there is evidence of the use of this or similar items for directing or implementing such serious violations by the proposed end - user ; ### for use by persons complicit in or responsible for directing or committing violations of international human rights law or international humanitarian law in countries where serious violations of human rights have been established by the competent bodies of the un , the council of europe , the union or national competent authorities , and where there is evidence of the use of this or similar items for directing or implementing such violations by the proposed end - user ;


### the list of dual - use items set out in section b of annex i may be amended if this is necessary due to risks that the export of such items may pose as regards the commission of serious violations of human rights or international humanitarian law or the essential security interests of the union and its member states . ### the list of dual - use items set out in section b of annex i shall be amended if this is necessary due to risks that the export of such items may pose as regards the commission of serious violations of human rights or international humanitarian law or the essential security interests of the union and its member states or if controls for a significant amount of dual use items have been triggered pursuant to article 4 in this regulation .


### authorisations for the export of non - listed items shall be granted for specific items and end - users . the authorisations shall be granted by the competent authority of the member state where the exporter is resident or established or , in case when the exporter is a person resident or established outside the union , by the competent authority of the member state where the items are located . the authorisations shall be valid throughout the union . the authorisations shall be valid for one year , and may be renewed by the competent authority . ### authorisations for the export of non - listed items shall be granted for specific items and end - users . the authorisations shall be granted by the competent authority of the member state where the exporter is resident or established or , in case when the exporter is a person resident or established outside the union , by the competent authority of the member state where the items are located . the authorisations shall be valid throughout the union . the authorisations shall be valid for two years , and may be renewed by the competent authority .


### the commission and the council shall make available guidance and / or recommendations to ensure common risk assessments by the competent authorities of the member states for the implementation of those criteria . ### the commission and the council shall make available guidance , upon entry into force of this regulation , to ensure common risk assessments by the competent authorities of the member states for the implementation of those criteria and with a view to provide uniform criteria for licensing decisions . the commission shall prepare guidance in the form of a handbook detailing the steps to be followed by member state competent licensing authorities and exporters exercising due diligence with practical recommendations on the implementation and compliance with the controls pursuant to article 4 and the criteria listed in article 14 . this handbook shall be elaborated in close cooperation with the dual use coordination group and will involve external expertise from academia , exporters and civil society organizations . the commission shall establish a capacity - building programme by developing common training programmes for officials from licensing and customs enforcement authorities .


### where known , the end - use and end - user of the dual - use items . ### the end - use and end - user of the dual - use items .


### the internal situation in the country of final destination – competent authorities will not authorise exports that would provoke or prolong armed conflicts or aggravate existing tensions or conflicts in the country of final destination ; ### the internal situation in the country of final destination – competent authorities shall not authorise exports that would provoke or prolong armed conflicts or aggravate existing tensions or conflicts in the country of final destination ;


### authorisations may be subject , if appropriate , to an end - use statement . ### authorisations shall be subject , if appropriate , to an end - use statement .


### ' large project authorisation ' shall mean a global export authorisation granted to one specific exporter , in respect of a type or category of dual - use item which may be valid for exports to one or more specified end users in one or more specified third countries for the duration of a specified project the realisation of which exceeds one year ; ### ' large project authorisation ' shall mean a global export authorisation granted to one specific exporter , in respect of a type or category of dual - use item which may be valid for exports to one or more specified end users in one or more specified third countries for the duration of a specified project the realisation of which exceeds one year . this global export authorization may be valid for no longer than four years and may be renewed by the competent authority ;


### the first subparagraph shall not apply to public bodies and the international organisations referred to in article 151 . ### the first subparagraph shall not apply to public bodies and bodies with a public service mission and assessed in accordance with article 149 and the international organisations referred to in article 151 .


### facilitate cross - border enforcement procedures of penalties and fines ; ### coordinate cross - border enforcement procedures of penalties and fines ;


### for these purposes , the authority should cooperate with other relevant union initiatives and networks , in particular the european network of public employment services 54 , the european enterprise network55 , the border focal point56 and solvit57 , as well as with relevant national services such as the bodies to promote equal treatment and to support union workers and members of their family , designated by member states under directive 2014 / 54 / eu , and national contact points designated under directive 2011 / 24 / eu of the european parliament and of the council58 to provide information on healthcare . the authority should also explore synergies with the proposed european services e - card59 , notably with regard to those cases in which member states opt for the submission of declarations regarding posted workers through the e - card platform . the authority should replace the commission in managing the european network of employment services european coordination office established pursuant to regulation no 2016 / 589 , including the definition of user needs and business requirements for the effectiveness of the eures portal and related it services , but excluding the it provision , and the operation and development of the it infrastructure , which will continue to be ensured by the commission . _________________ 54 decision no 573 / 2014 / eu of the european parliament and of the council of 15 may 2014 on enhanced cooperation between public employment services . 55 european enterprise network , https : / / een . ec . europa . eu / 56 communication from the commission to the council and the european parliament , boosting growth and cohesion in eu border regions , com 534 . 57 commission recommendation of 17 september 2013 on the principles governing solvit . 58 directive 2011 / 24 / eu of the european parliament and of the council of 9 march 2011 on the application of patients’ rights in cross - border healthcare . 59 com 824 final and com 823 final . ### for these purposes , the authority should cooperate with other relevant union initiatives and networks , in particular the european network of public employment services 54 , the european enterprise network55 , the border focal point56 and solvit57 , as well as with relevant national services such as the bodies to promote equal treatment and to support union workers and members of their family , designated by member states under directive 2014 / 54 / eu , and national contact points designated under directive 2011 / 24 / eu of the european parliament and of the council58 to provide information on healthcare . the authority should replace the commission in managing the european network of employment services european coordination office established pursuant to regulation no 2016 / 589 , including the definition of user needs and business requirements for the effectiveness of the eures portal and related it services , but excluding the it provision , and the operation and development of the it infrastructure , which will continue to be ensured by the commission . _________________ 54 decision no 573 / 2014 / eu of the european parliament and of the council of 15 may 2014 on enhanced cooperation between public employment services . 55 european enterprise network , https : / / een . ec . europa . eu / 56 communication from the commission to the council and the european parliament , boosting growth and cohesion in eu border regions , com 534 . 57 commission recommendation of 17 september 2013 on the principles governing solvit . 58 directive 2011 / 24 / eu of the european parliament and of the council of 9 march 2011 on the application of patients’ rights in cross - border healthcare .


### to increase member states ' capacity to tackle irregularities with a cross - border dimension in relation to union law within its scope , the authority should support the national authorities in carrying out concerted and joint inspections , including by facilitating the implementation of the inspections in accordance with article 10 of directive 2014 / 67 / eu . these should take place at the request of member states or upon their agreement to the authority ' s suggestion . the authority should provide strategic , logistical , and technical support to member states participating in the concerted or joint inspections in full respect of confidentiality requirements . inspections should be carried out in agreement with the member states concerned and take place fully within the legal framework of national law of member states concerned , which should follow up on the outcomes of the concerted and joint inspections according to national law . ### to support member states ' initiatives to tackle irregularities with a cross - border dimension in relation to union law within its scope , the authority should support the national authorities in carrying out concerted and joint inspections , including by facilitating the implementation of the inspections in accordance with article 10 of directive 2014 / 67 / eu . these should solely take place at the request of member states or upon their mutual agreement to the authority ' s suggestion . the authority should provide strategic , logistical , and technical support to member states participating in the concerted or joint inspections in full respect of confidentiality and data protection requirements . inspections should be carried out in agreement with the member states concerned and take place fully within the legal framework of national law of member states concerned , which should follow up on the outcomes of the concerted and joint inspections according to national law .


### the management board , acting on a proposal from the commission that takes into account the assessment referred to in paragraph 4 , may extend the term of office of the executive director once , for no more than five years . ### the management board , acting on a proposal from the commission that takes into account the assessment referred to in paragraph 4 , may extend the term of office of the executive director once , for no more than four years .


### to guarantee its full autonomy and independence , the authority should be granted an autonomous budget , with revenue coming from the general budget of the union , any voluntary financial contribution from the member states and any contribution from third countries participating in the work of the authority . in exceptional and duly justified cases it should also be in the position to receive delegation agreements or ad hoc grants , and to charge for publications and any service provided by the authority . ### to guarantee its full autonomy and independence , the authority should be granted an autonomous budget , with revenue coming from the general budget of the union , any voluntary financial contribution from the member states and any contribution from third countries participating in the work of the authority . the authority ' s budget has to be focused on results . in exceptional and duly justified cases it should also be in the position to receive delegation agreements or ad hoc grants , and to charge for publications and any service provided by the authority .


### carry out analyses and risk assessments on issues of cross - border labour mobility , in accordance with article 11 ; ### initiate analyses and carry out risk assessments on issues related to labour mobility within the internal market and issue opinions and recommendations , in accordance with article 11


### the authority should perform its activities in the areas of cross - border labour mobility and social security coordination , including free movement of workers , posting of workers and highly mobile services . it should also enhance cooperation between member states in tackling undeclared work . in cases where the authority , in the course of the performance of its activities , becomes aware of suspected irregularities , including in areas of union law beyond its scope , such as violations of working conditions , health and safety rules , or the employment of illegally staying third - country nationals , it should be able to report them and cooperate on these matters with the commission , competent union bodies , and national authorities where appropriate . ### the authority should perform its activities in the areas of cross - border labour mobility and social security coordination , including free movement of workers , posting of workers and cross - border provision of services . it should also oblige cooperation between member states in tackling undeclared work . in cases where the authority , in the course of the performance of its activities , becomes aware of suspected irregularities , including in areas of union law beyond its scope , such as violations of working conditions , health and safety rules , or the employment of illegally staying third - country nationals , it should be able to report them and cooperate on these matters with the commission , competent union bodies , and national authorities where appropriate . the authority should support member states in fulfilling their responsibilities and thereby help them to exploit any synergy effects in order to work as efficient as possible .


### the stakeholder group shall be chaired by the executive director and shall meet at least twice a year on the initiative of the executive director or at the request of the commission . ### the stakeholder group shall be chaired by the executive director and shall meet at least twice a year on the initiative of the executive director , at the request of the commission , or in cases of special urgency at the request of a member state .


### facilitate cross - border enforcement procedures of penalties and fines ; ### help to ensure that cross - border enforcement procedures of penalties and fines work ; elaborate , in cooperation with the member states , an enhanced and systematic fining policy that is effective , dissuasive and proportionate , to be applied and monitored by the authority ; provide assistance to recover workers ' financial entitlements and to identify the place of jurisdiction ;


### the member states and the commission should be represented on a management board , in order to ensure the effective functioning of the authority . the composition of the management board , including the selection of its chair and deputy - chair , should respect the principles of gender balance , experience and qualification . in view of the effective and efficient functioning of the authority , the management board , in particular , should adopt an annual work programme , carry out its functions relating to the authority’s budget , adopt the financial rules applicable to the authority , appoint an executive director , and establish procedures for taking decisions relating to the operational tasks of the authority by the executive director . representatives from countries other than union member states , which are applying the union rules within the scope of the authority , may participate in the meetings of the management board as observers . ### the member states , the european parliament , the commission and the social partners should be represented on a management board , in order to ensure the effective functioning of the authority . the composition of the management board , including the selection of its chair and deputy - chair , should respect the principles of gender balance , experience and qualification . in view of the effective and efficient functioning of the authority , the management board , in particular , should adopt an annual work programme , carry out its functions relating to the authority’s budget , adopt the financial rules applicable to the authority , appoint an executive director , and establish procedures for taking decisions relating to the operational tasks of the authority by the executive director . representatives from countries other than union member states , which are applying the union rules within the scope of the authority , may participate in the meetings of the management board as observers .


### the management board shall appoint the executive director from a list of candidates proposed by the commission , following an open and transparent selection procedure . ### the management board shall appoint the executive director from a list of candidates proposed by the commission and member states , following an open and transparent selection procedure .


### at the request of one or several member states , the authority shall coordinate concerted or joint inspections in the areas under the scope of the authority ' s competences . the request may be submitted by one or several member states . the authority may also suggest to the authorities of the member states concerned that they perform a concerted or joint inspection . ### at the request of one or several member states , or of social partners ' organisations or on the initiative the authority , member states shall work towards concluding an agreement between them and the authority for concerted or joint inspections in the areas under the scope of the authority ' s competences .


### when presenting a case for mediation by the authority , member states shall ensure that all personal data related to that case is anonymised and the authority shall not process the personal data of individuals concerned by the case at any point in the course of the mediation procedure . ### when presenting a case for mediation by the authority , member states shall ensure that all personal data related to that case is anonymised .


### in view of the fair , simple and effective application of union law , the authority should support cooperation and timely exchange of information between member states . together with other staff , national liaison officers working within the authority should support member states’ compliance with cooperation obligations , speed up exchanges between them through procedures dedicated to reducing delays , and ensure links with other national liaison offices , bodies , and contact points established under union law . the authority should encourage the use of innovative approaches to effective and efficient cross - border cooperation , including electronic data exchange tools such as the electronic exchange of social security information system and the internal market information system , and should contribute to further digitalising procedures and improving it tools used for message exchange between national authorities . ### in view of the fair , simple and effective application of union law , the authority should improve cooperation and timely exchange of information between member states . together with other staff , national liaison officers working within the authority should support member states’ compliance with cooperation obligations , speed up exchanges between them through procedures dedicated to reducing delays , and ensure links with other national liaison offices , bodies , and contact points established under union law . the authority should encourage the use of innovative approaches to effective and efficient cross - border cooperation , including electronic data exchange tools such as the electronic exchange of social security information system and the internal market information system , and should contribute to further digitalising procedures and improving it tools used for message exchange between national authorities .


### the organisation of a concerted or joint inspection shall be subject to the prior agreement of all participating member states via their national liaison officers . in the event that one or more member states refuse to take part in the concerted or joint inspection , the other national authorities may , where appropriate , only carry out the envisaged concerted or joint inspection in the participating member states . the member states that declined to participate in the inspection shall keep information about the envisaged inspection confidential . ### the member states that declined to participate in the inspection shall keep information about the envisaged inspection confidential .


### support cooperation between member states in the cross - border enforcement of relevant union law , including facilitating joint inspections ; ### improve cooperation between member states in the cross - border consistent , efficient and effective application of relevant union law , including facilitating joint inspections ;


### support member states in streamlining the provision of information and services to individuals and employers pertaining to cross - border mobility on a voluntary basis , while fully respecting member states ' competences . ### support member states in streamlining and improving the provision of information and services to individuals and employers pertaining to cross - border mobility on a voluntary basis , while fully respecting member states ' competences .


### the term of office of the executive director shall be five years . by the end of that period , the commission shall undertake an assessment that takes into account an evaluation of the executive director ' s performance and the authority ' s future tasks and challenges . ### the term of office of the executive director shall be four years . by the end of that period , the commission shall undertake an assessment that takes into account an evaluation of the executive director ' s performance and the authority ' s future tasks and challenges .


### therefore , the objective of this regulation is to adapt the legal framework in order to ensure that the licensing of rights no longer presents barriers to cross - border portability of online content services in the union and that the cross - border portability can be ensured . ### therefore , the objective of this regulation is to provide a common approach to the provision of online content services to subscribers temporarily present in member states other than their member state of residence , without undermining or abolishing the territorial and multi - territorial licensing of rights as they play a key role in the financing , production and distribution of european audiovisual content .


### there are a number of barriers which hinder the provision of these services to consumers temporarily present in another member state . certain online services include content such as music , games or films which are protected by copyright and / or related rights under union law . in particular , the obstacles to cross - border portability of online content services stem from the fact that the rights for the transmission of content protected by copyright and / or related rights such as audiovisual works are often licensed on a territorial basis as well as from the fact that online service providers may choose to serve specific markets only . ### there are a number of barriers which hinder the provision of these services to consumers temporarily present in another member state . certain online services include content such as music , games or films which are protected by copyright and / or related rights under union law . in particular , the obstacles to cross - border portability of online content services stem from the fact that the rights for the transmission of content protected by copyright and / or related rights such as audiovisual works are not always licensed on a multi - territorial basis as well as from the fact that online service providers may choose to serve specific markets only .


### ' member state of residence ' means the member state where the subscriber is habitually residing ; ### ' member state of residence ' means the member state , established on the basis of article 3a , where the subscriber has his or her actual residence , defined as the place where one has established a permanent centre of interests , with the intention of giving it a lasting character and a place to which an individual regularly returns and with which he or she has a continuous connection ;


### in order to ensure that providers of online content services comply with the obligation to provide cross - border portability of their services without acquiring the relevant rights in another member state , it is necessary to stipulate that those service providers which lawfully provide portable online content services in the member state of residence of subscribers are always entitled to provide such services to those subscribers when they are temporarily present in another member state . this should be achieved by establishing that the provision , the access to and the use of such online content service should be deemed to occur in the member state of the subscriber ' s residence . ### in order to ensure that providers of online content services comply with the obligation to provide cross - border portability of their services without infringing the territorial exclusivity of the relevant rights in another member state , it is necessary to stipulate that those service providers which lawfully provide portable online content services in the member state of residence of subscribers are always entitled to provide such services to those subscribers when they are temporarily present in another member state . this should be achieved by establishing that the provision , the access to and the use of such online content service should be deemed to occur in the member state of the subscriber ' s residence . this legal fiction should only be employed to enable cross - border portability and should be distinguished from cross - border access , which is outside the scope of this regulation .


### the agency shall have its seat in amsterdam , the netherlands . ### the agency shall have its seat in milan , italy .


### this regulation shall apply from the date on which the treaties cease to apply to the united kingdom or from 30 march 2019 , whichever is the earlier . ### this regulation shall apply from 30 march 2019 .


### member states may allow declarants to provide the information through other reporting channels , such as port community systems , provided that those channels are voluntary for the declarants . in this case , member states shall ensure that those other channels make available the relevant information to the national single window . ### member states&#160 ; shall allow declarants to provide the information through existing system to system reporting channels , and port community systems , provided that those channels are voluntary for the declarants . in this case , member states shall ensure that those other channels make available the relevant information to the national single window .


### in order to improve the efficiency of maritime transport and to limit the duplication of information which must be provided for operational purposes when a ship makes a port call , the information provided by the declarant to a national single windows should be also shared with certain other entities , such as port or terminal operators . ### in order to improve the efficiency of maritime transport and to limit the duplication of information which must be provided for operational purposes when a ship makes a port call , the information provided by the declarant to a national single window should be also shared with certain other entities , such as port or terminal operators , when authorised and taking into account confidentiality , commercial sensitivities and legal constraints .


### member states may allow declarants to provide the information through other reporting channels , such as port community systems , provided that those channels are voluntary for the declarants . in this case , member states shall ensure that those other channels make available the relevant information to the national single window . ### member states shall allow declarants to provide the information through existing system to system reporting channels , such as port community systems and national single windows , provided that those channels are voluntary for the declarants . in this case , member states shall ensure that those other channels make available the relevant information to the national single window .


### member states may allow declarants to provide the information through other reporting channels , such as port community systems , provided that those channels are voluntary for the declarants . in this case , member states shall ensure that those other channels make available the relevant information to the national single window . ### member states shall allow declarants to provide the information through other reporting channels , such as port community systems , provided that those channels are voluntary for the declarants . in this case , member states shall ensure that those other channels make available the relevant information to the national single window .


### the provision of an online support website . ### the provision of a helpdesk and an online support website in the official language of that member state and in english .


### by six years after the entry into force of this regulation the commission shall review the application of this regulation and submit to the european parliament and the council an assessment report on the functioning of the emswe on the basis of the data and statistics collected . the assessment report shall include , where necessary , an evaluation of emerging technologies , which could lead to changes to or replacement of the reporting interface module . ### by six years after the entry into force of this regulation the commission shall review the application of this regulation and submit to the european parliament and the council an assessment report on the functioning of the emswe on the basis of the data and statistics collected . the assessment report shall include , where necessary , an evaluation of emerging technologies , which could lead to changes to or replacement of the reporting interface module with an eu access point interface able to relay data directly to the national single windows by the declarants for the fulfilment of reporting obligations .


### emerging new digital technologies present ever - growing opportunities to increase the efficiency of the maritime transfer sector and to reduce administrative burden . in order for the benefits of such new technologies to accrue as early as possible , the commission should be empowered to amend , by means of implementing acts , the technical specifications , standards and procedures of the harmonised reporting environment . new technologies should also be taken into account when this regulation is reviewed . ### emerging new digital technologies present ever - growing opportunities to increase the efficiency of the maritime transport sector and to reduce administrative burden . in order for the benefits of such new technologies to accrue as early as possible , the commission should be empowered to amend , by means of implementing acts , the technical specifications , standards and procedures of the harmonised reporting environment . new technologies should also be taken into account when this regulation is reviewed , in order to take advantage of the benefits of those technologies and to encourage market players to develop new digital technologies .


### the functional and technical specifications , quality control mechanisms and procedures for deploying , maintaining and employing the reporting interface module referred to in paragraph 2 ; ### the functional and technical specifications , quality control mechanisms and procedures for deploying , maintaining and employing the reporting interface referred to in paragraph 2 ;