### the supervisory authority shall impose a fine up to 500 000 eur , or in case of an enterprise up to 1 % of its annual worldwide turnover , to anyone who , intentionally or negligently : does not provide the information , or does provide incomplete information , or does not provide the information in a sufficiently transparent manner , to the data subject pursuant to article 11 , article 12 and article 14 ; does not provide access for the data subject or does not rectify personal data pursuant to articles 15 and 16 or does not communicate the relevant information to a recipient pursuant to article 13 ; does not comply with the right to be forgotten or to erasure , or fails to put mechanisms in place to ensure that the time limits are observed or does not take all necessary steps to inform third parties that a data subjects requests to erase any links to , or copy or replication of the personal data pursuant article 17 ; does not provide a copy of the personal data in electronic format or hinders the data subject to transmit the personal data to another application in violation of article 18 ; does not or not sufficiently determine the respective responsibilities with co - controllers pursuant to article 24 ; does not or not sufficiently maintain the documentation pursuant to article 28 , article 31 , and article 44 ; does not comply , in cases where special categories of data are not involved , pursuant to articles 80 , 82 and 83 with rules in relation to freedom of expression or with rules on the processing in the employment context or with the conditions for processing for historical , statistical and scientific research purposes . ### the supervisory authority shall impose a fine that shall not exceed 500 000 eur , or in case of an enterprise 2 % of its annual worldwide turnover to anyone who intentionally or negligently infringes articles 11 , 12 and , 13 , 14 , 15 , 16 , 17 , 18 , 24 , 28 , 31 , 44 , 80 , 82 , 83 .


### the recipients or categories of recipients to whom the personal data are to be or have been disclosed , in particular to recipients in third countries ; ### the recipients to whom the personal data are to be or have been disclosed , including to recipients in third countries ;


### the data subject shall have the right to obtain from the controller communication of the personal data undergoing processing . where the data subject makes the request in electronic form , the information shall be provided in electronic form , unless otherwise requested by the data subject . ### the data subject shall have the right to obtain from the controller a full copy of all personal data undergoing processing and all relating data as it is kept by the controller . the information and all data shall be provided in writing or in electronic form , unless otherwise requested by the data subject .


### the commission shall be empowered to adopt delegated acts in accordance with article 86 for the purpose of further specifying the criteria and requirements for the data protection certification mechanisms referred to in paragraph 1 , including conditions for granting and withdrawal , and requirements for recognition within the union and in third countries . ### the commission shall be empowered to adopt delegated acts in accordance with article 86 for the purpose of further specifying the criteria and requirements for the data protection certification mechanisms referred to in paragraph 1 , including conditions for granting and withdrawal , and requirements for recognition within the union and in third countries . these delegated acts shall confer enforceable rights on data subjects .


### the implementing act shall specify its geographical and sectoral application , and , where applicable , identify the supervisory authority mentioned in point of paragraph 2 . ### the delegated act shall specify its territorial application , and identify the supervisory authority mentioned in point of paragraph 2 .


### decisions adopted by the commission on the basis of article 25 or article 26 of directive 95 / 46 / ec shall remain in force , until amended , replaced or repealed by the commission . ### decisions adopted by the commission on the basis of article 25 or article 26 of directive 95 / 46 / ec shall remain in force until two years after the entry into force of this regulation .


### a delegated act adopted pursuant to article 6 , article 8 , article 9 , article 12 , article 14 , article 15 , article 17 , article 20 , article 22 , article 23 , article 26 , article 28 , article 30 , article 31 , article 32 , article 33 , article 34 , article 35 , article 37 , article 39 , article 43 , article 44 , article 79 , article 81 , article 82 and article 83 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or the council . ### a delegated act adopted pursuant to [ articles xxx ] shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of four months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or the council .


### any person who has suffered damage as a result of an unlawful processing operation or of an action incompatible with this regulation shall have the right to receive compensation from the controller or the processor for the damage suffered . ### any person who has suffered material or immaterial damage as a result of an unlawful processing operation or of an action incompatible with this regulation shall have the right to receive compensation from the controller or the processor for the damage suffered . it is in the responsibility of the processor to prove that the damage was not caused by him .


### the supervisory authority referred to in paragraph 1 and the supervisory authority competent under article 51 shall take account of the opinion of the european data protection board and shall within two weeks after the information on the opinion by the chair of the european data protection board , electronically communicate to the chair of the european data protection board and to the commission whether it maintains or amends its draft measure and , if any , the amended draft measure , using a standardised format . ### the supervisory authority referred to in paragraph 1 and the supervisory authorities competent under article 51 shall take the utmost account of the opinions of the european data protection board and shall within two weeks after the information on the opinion by the chair of the european data protection board , electronically communicate to the chair of the european data protection board and to the commission whether it maintains or amends its draft measure and , if any , the amended draft measure , using a standardised format .


### the information and the actions taken on requests referred to in paragraph 1 shall be free of charge . where requests are manifestly excessive , in particular because of their repetitive character , the controller may charge a fee for providing the information or taking the action requested , or the controller may not take the action requested . in that case , the controller shall bear the burden of proving the manifestly excessive character of the request . ### the information and the actions taken on requests referred to in paragraph 1 shall be free of charge .


### processing is necessary for the purposes of the legitimate interests pursued by a controller , except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data , in particular where the data subject is a child . this shall not apply to processing carried out by public authorities in the performance of their tasks . ### processing is necessary for the purposes of the legitimate interests pursued by a controller , except where personal data require particular safeguarding by virtue of the overriding interests of protecting data subjects in connection with their fundamental rights and freedoms . this shall apply in particular where the data subject is a child . it shall not apply to processing carried out by public authorities in the performance of their tasks . exemption from the scope of this provision may also be based on one or more of the other grounds set out in this paragraph .


### a delegated act adopted pursuant to article 6 , article 8 , article 9 , article 12 , article 14 , article 15 , article 17 , article 20 , article 22 , article 23 , article 26 , article 28 , article 30 , article 31 , article 32 , article 336 ) , article 34 , article 35 , article 37 , article 39 , article 43 , article 44 , article 79 , article 81 , article 82 and article 83 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or the council . ### a delegated act adopted pursuant to article 7 , article 11 , article 12 , article 14 , article 17 , article 22 , article 31 , article 32 , article 33 , article 38 , article 39 , article 41 , article 41 , article 79 , article 81 and article 82 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of four months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or the council .


### this regulation applies to the processing of personal data in the context of the activities of an establishment of a controller or a processor in the union . ### this regulation applies to the processing of personal data in the context of the activities of an establishment of a controller or a processor in the union , whether the processing takes place in the union or not .


### ' data subject ' means an identified natural person or a natural person who can be identified , directly or indirectly , by means reasonably likely to be used by the controller or by any other natural or legal person , in particular by reference to an identification number , location data , online identifier or to one or more factors specific to the physical , physiological , genetic , mental , economic , cultural or social identity of that person ; ### ' data subject ' means an identified natural person or a natural person who can be identified or singled out , directly or indirectly , alone or in combination with associated data , by means reasonably likely to be used by the controller or by any other natural or legal person , in particular by reference to a unique identifier , location data , online identifier or to one or more factors specific to the physical , physiological , genetic , mental , economic , cultural , social or gender identity or sexual orientation of that person ;


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


### in cases where data subjects in several member states are likely to be affected by processing operations , a supervisory authority of each of those member states shall have the right to participate in the joint investigative tasks or joint operations , as appropriate . the competent supervisory authority shall invite the supervisory authority of each of those member states to take part in the respective joint investigative tasks or joint operations and respond to the request of a supervisory authority to participate in the operations without delay . ### in cases where the controller or processor has establishments in several member states or where data subjects in several member states are likely to be affected by processing operations , a supervisory authority of each of those member states shall have the right to participate in the joint investigative tasks or joint operations , as appropriate . the lead authority as defined in article 54a shall invite the supervisory authority of each of those member states to take part in the respective joint investigative tasks or joint operations and respond to the request of a supervisory authority to participate in the operations without delay . the lead authority shall act as the single contact point for the controller or processor .


### processing of data relating to criminal convictions or related security measures is carried out either under the control of official authority or when the processing is necessary for compliance with a legal or regulatory obligation to which a controller is subject , or for the performance of a task carried out for important public interest reasons , and in so far as authorised by union law or member state law providing for adequate safeguards . a complete register of criminal convictions shall be kept only under the control of official authority . ### processing of data relating to administrative sanctions , judgments , criminal offences , convictions or related security measures , is carried out either under the control of official authority or when the processing is necessary for compliance with a legal or regulatory obligation to which a controller is subject , or for the performance of a task carried out for important public interest reasons , and in so far as authorised by union law or member state law providing for adequate safeguards . a complete register of criminal convictions shall be kept only under the control of official authority .


### the law of the member state must meet an objective of public interest or must be necessary to protect the rights and freedoms of others , respect the essence of the right to the protection of personal data and be proportionate to the legitimate aim pursued . ### such laws shall provide for suitable measures to safeguard the data subject ' s legitimate interests , must meet an objective of public interest or must be necessary to protect the rights and freedoms of others , be proportionate to the legitimate aim pursued and necessary in a democratic society .


### the data subject shall have the right to obtain from the controller at any time , on request , confirmation as to whether or not personal data relating to the data subject are being processed . where such personal data are being processed , the controller shall provide the following information : ### the data subject shall have the right to obtain from the controller at any time , on request , in clear and plain language , confirmation as to whether or not personal data relating to the data subject are being processed , and as to the existence of profiling and measures based on profiling in respect of the data subject the controller shall provide the following information :


### any person who has suffered damage as a result of an unlawful processing operation or of an action incompatible with this regulation shall have the right to receive compensation from the controller or the processor for the damage suffered . ### any person who has suffered material or immaterial damage as a result of an unlawful processing operation , including blacklisting , or of an action incompatible with this regulation shall have the right to receive compensation from the controller or the processor for the damage suffered and for any emotional injury .


### other public interests of the union or of a member state , in particular an important economic or financial interest of the union or of a member state , including monetary , budgetary and taxation matters and the protection of market stability and integrity ; ### other public interests of the union or of a member state , in particular an important economic or financial interest of the union or of a member state , including monetary , budgetary and taxation matters ;


### where personal data are processed for direct marketing purposes , the data subject shall have the right to object free of charge to the processing of their personal data for such marketing . this right shall be explicitly offered to the data subject in an intelligible manner and shall be clearly distinguishable from other information . ### processing of personal data for direct marketing purposes shall require the explicit consent of the data subject . the data shall not be given to third parties . a withdrawal of consent shall be possible at all times and free of charge . this right shall be explicitly offered to the data subject in an intelligible manner and shall be clearly distinguishable from other information .


### for reasons of public interest in the area of public health in accordance with article 81 ; ### for health purposes or for reasons of public interest in the area of public health in accordance with article 81 ;


### where the processing of personal data in the context of the activities of an establishment of a controller or a processor in the union takes place in more than one member state , one single supervisory authority should be competent for monitoring the activities of the controller or processor throughout the union and taking the related decisions , in order to increase the consistent application , provide legal certainty and reduce administrative burden for such controllers and processors . ### where the processing of personal data in the context of the activities of an establishment of a controller or a processor in the union takes place in more than one member state , one single supervisory authority should be competent for monitoring the processing activities of the controller or processor throughout the union and taking the related decisions , in order to increase the consistent application , provide legal certainty and reduce administrative burden for such controllers and processors . by way of derogation from article 51 , when the processing of personal data is not mainly carried out by the main establishment , but by one of the other establishments of the controller or processor situated in the european union , the competent supervisory authority for those processing operations shall be that of the member state where that other establishment is situated . in keeping with the provisions of chapter vii , this derogation shall be without prejudice to the right of the supervisory authority of the member state where the main establishment is situated to require an additional declaration .


### where personal data are processed for direct marketing purposes , the data subject shall have the right to object free of charge to the processing of their personal data for such marketing . this right shall be explicitly offered to the data subject in an intelligible manner and shall be clearly distinguishable from other information . ### where personal data are processed for direct marketing purposes , the data subject shall have the right to object free of charge to the processing of their personal data for such marketing . this right shall be explicitly offered in a manner intelligible to the data subject and shall be clearly distinguishable from other information .


### reasons of public interest in the area of public health , such as protecting against serious cross - border threats to health or ensuring high standards of quality and safety , inter alia for medicinal products or medical devices ; or ### reasons of public interest in the area of public health , including protecting against serious cross - border threats to health or ensuring high standards of quality and safety , inter alia for medicinal products or medical devices ; o


### kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed ; personal data may be stored for longer periods insofar as the data will be processed solely for historical , statistical or scientific research purposes in accordance with the rules and conditions of article 83 and if a periodic review is carried out to assess the necessity to continue the storage ; ### kept in a form which permits identification or singling out of data subjects for no longer than is necessary for the purposes for which the personal data are processed ; personal data may be stored for longer periods insofar as the data will be processed solely for historical , statistical or scientific research purposes in accordance with the rules and conditions of article 83 and if a periodic review is carried out to assess the necessity to continue the storage ;


### ' data subject ' means an identified natural person or a natural person who can be identified , directly or indirectly , by means reasonably likely to be used by the controller or by any other natural or legal person , in particular by reference to an identification number , location data , online identifier or to one or more factors specific to the physical , physiological , genetic , mental , economic , cultural or social identity of that person ; ### ' data subject ' means an identified or identifiable natural person who can be identified , directly or indirectly , by technically available means reasonably likely to be used by the controller or by any other natural or legal person , where the use of such means does not entail excessive costs , is not overly time - consuming and does not require complex actions to be taken ;


### the general principles on the protection of individuals with regard to the processing of personal data should also be applicable to the employment context . therefore , in order to regulate the processing of employees’ personal data in the employment context , member states should be able , within the limits of this regulation , to adopt by law specific rules for the processing of personal data in the employment sector . ### the general principles on the protection of individuals with regard to the processing of personal data should also be applicable to the employment context . member states should be able to regulate the processing of employees’ personal data in the employment context in accordance with the rules and minimum standards set out in this regulation . where a statutory basis is provided in the member state in question for the regulation of employment matters by agreement between employee representatives and the management of the undertaking or the controlling undertaking of a group of undertakings or under directive 2009 / 38 / ec of the european parliament and of the council of 6 may 2009 on the establishment of a european works council or a procedure in community - scale undertakings and community - scale groups of undertakings for the purposes of informing and consulting employees , the processing of personal data in an employment context should also be regulated by such an agreement , if the rules and minimum standards set out in this regulation are not undercut .


### within the limits of this regulation , member states may adopt by law specific rules regulating the processing of employees ' personal data in the employment context , in particular for the purposes of the recruitment , the performance of the contract of employment , including discharge of obligations laid down by law or by collective agreements , management , planning and organisation of work , health and safety at work , and for the purposes of the exercise and enjoyment , on an individual or collective basis , of rights and benefits related to employment , and for the purpose of the termination of the employment relationship . ### member states may in accordance with national law and practices adopt specific rules regulating the processing of employees ' personal data on the labour market in particular for but not limited to the purposes of the recruitment , the performance of the contract of employment , including discharge of obligations laid down by law or by collective agreements , management , planning and organisation of work , health and safety at work , and for the purposes of the exercise and enjoyment , on an individual or collective basis , of rights and benefits related to employment , and for the purpose of the termination of the employment relationship . this regulation recognizes the role of the social partners . in countries where it has been left to the parties on the labour market to regulate wages and various other work condition through collective agreements the social partners ' obligations and rights under collective agreements should be taken into specific consideration when applying article 6 .


### the general principles on the protection of individuals with regard to the processing of personal data should also be applicable to the employment context . therefore , in order to regulate the processing of employees ' personal data in the employment context , member states should be able , within the limits of this regulation , to adopt by law specific rules for the processing of personal data in the employment sector . ### the general principles on the protection of individuals with regard to the processing of personal data should also be applicable to the employment context . member states should be able to regulate the processing of employees ' personal data in the employment context in accordance with the rules and minimum standards set out in this regulation . where a statutory basis is provided in the member state in question for the regulation of employment matters by agreement between employee representatives and the management of the undertaking or the controlling undertaking of a group of undertakings or under directive 2009 / 38 / ec of the european parliament and of the council of 6 may 2009 on the establishment of a european works council or a procedure in community - scale undertakings and community - scale groups of undertakings for the purposes of informing and consulting employees1 , the processing of personal data in an employment context may also be regulated by such an agreement ; in this particular case there is the possibility for derogations and exceptions in accordance with national law and practices . ________________ 1 oj l 122 , 16 . 5 . 2009 , p . 28 .


### if the data subject ' s consent is to be given in the context of a written declaration which also concerns another matter , the requirement to give consent must be presented distinguishable in its appearance from this other matter . ### if the data subject ' s consent is to be given in the context of a written declaration which also concerns another matter , the requirement to give consent must be presented distinguishable in its appearance from this other matter . the permission of the data subject may be sought electronically , particularly in the context of information society services .


### the data subject shall have the right to object , on grounds relating to their particular situation , at any time to the processing of personal data which is based on points , and of article 6 , unless the controller demonstrates compelling legitimate grounds for the processing which override the interests or fundamental rights and freedoms of the data subject . ### the data subject shall have the right to object at any time to the processing of personal data which is based on points and of article 6 .


### processing of personal data which is necessary for the purposes of historical , statistical or scientific research shall be lawful subject to the conditions and safeguards referred to in article 83 . ### processing of personal data which is necessary for historical , statistical or scientific purposes shall be lawful subject to the conditions and safeguards referred to in article 83 .


### for historical , statistical and scientific research purposes in accordance with article 83 ; ### for historical , statistical and scientific research purposes in accordance with article 83 , including for clinical trials , patient and disease registries and other health research and medical innovation purposes ;


### processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller in the field of employment law in so far as it is authorised by union law or member state law providing for adequate safeguards ; ### processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller in the field of employment law , including collective wage agreements , in so far as it is authorised by union law or member state law providing for adequate safeguards ;


### the commission may set out standard forms and procedures for prior authorisations and consultations referred to in paragraphs 1 and 2 , and standard forms and procedures for informing the supervisory authorities pursuant to paragraph 6 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 87 . ### the commission may set out standard forms for prior authorisations and consultations referred to in paragraphs 1 and 2 , and standard forms for informing the supervisory authorities pursuant to paragraph 6 . those implementing acts shall be adopted , after requesting an opinion of the european data protection board , in accordance with the examination procedure referred to in article 87 .


### within the limits of this regulation , member states may adopt by law specific rules regulating the processing of employees ' personal data in the employment context , in particular for the purposes of the recruitment , the performance of the contract of employment , including discharge of obligations laid down by law or by collective agreements , management , planning and organisation of work , health and safety at work , and for the purposes of the exercise and enjoyment , on an individual or collective basis , of rights and benefits related to employment , and for the purpose of the termination of the employment relationship . ### member states may , in accordance with the rules set out in this regulation , and taking into account the principle of proportionality , adopt by legal provisions specific rules regulating the processing of employees ' personal data in the employment context , in particular but not limited to the purposes of the recruitment and job applications within the group of undertakings , the performance of the contract of employment , including discharge of obligations laid down by law and by collective agreements , company agreements and collective agreements in accordance with national law and practice , management , planning and organisation of work , health and safety at work , and for the purposes of the exercise and enjoyment , on an individual or collective basis , of rights and benefits related to employment , and for the purpose of the termination of the employment relationship . the level of protection afforded by this regulation may not be undercut . notwithstanding the previous sentence , where arrangements are made by agreement between employee representatives and the management of the undertaking or of the controlling undertaking of a group of undertakings the level of protection afforded by this regulation may not be significantly undercut . the right of member states , or the social partners via collective agreements , to provide employees with more favourable protection provisions in respect of the processing of personal data in the employment context shall remain unaffected .


### where the commission requests advice from the european data protection board , it may lay out a time limit within which the european data protection board shall provide such advice , taking into account the urgency of the matter . ### where the european parliament , the council or the commission request advice from the european data protection board , it may lay out a time limit within which the european data protection board shall provide such advice , taking into account the urgency of the matter .


### each supervisory authority must draw up an annual report on its activities . the report shall be presented to the national parliament and shall be made be available to the public , the commission and the european data protection board . ### each supervisory authority must draw up a report on its activities at least every two years . the report shall be presented to the national parliament and shall be made be available to the public , the commission and the european data protection board .


### the commission may decide that a third country , or a territory or a processing sector within that third country , or an international organisation ensures an adequate level of protection within the meaning of paragraph 2 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 87 . ### the commission shall be empowered to adopt delegated acts in accordance with article 86 to decide that a third country , or a territory within that third country , or an international organisation ensures an adequate level of protection within the meaning of paragraph 2 .


### any supervisory authority or the european data protection board may request that any matter shall be dealt with in the consistency mechanism , in particular where a supervisory authority does not submit a draft measure referred to in paragraph 2 or does not comply with the obligations for mutual assistance in accordance with article 55 or for joint operations in accordance with article 56 . ### any supervisory authority or the european data protection board may request that any matter shall be dealt with in the consistency mechanism , in particular where a supervisory authority does not submit a draft measure referred to in paragraph 2 or does not comply with the obligations for mutual assistance in accordance with article 55 or for joint operations in accordance with article 56 , or where a supervisory authority concerned opposes a draft measure proposed by another supervisory authority concerned or by the lead authority , as per the provisions of article 54 .


### the implementing act shall specify its geographical and sectoral application , and , where applicable , identify the supervisory authority mentioned in point of paragraph 2 . ### the delegated act shall specify its territorial application , and identify the supervisory authority mentioned in point of paragraph 2 .


### ‘ data concerning health’ means any information which relates to the physical or mental health of an individual , or to the provision of health services to the individual ; ### ‘ data concerning health’ means any personal information which relates to the physical or mental health of an individual , or to the provision of health services to the individual ;


### the processing of personal data , revealing race or ethnic origin , political opinions , religion or beliefs , trade - union membership , and the processing of genetic data or data concerning health or sex life or criminal convictions or related security measures shall be prohibited . ### the processing of personal data , revealing race or ethnic origin , political opinions , religion or beliefs , sexual orientation or gender identity , trade - union membership and activities , and the processing of genetic or biometric data or data concerning health or sex life or criminal convictions or related security measures shall be prohibited .


### the european data protection board shall take decisions by a simple majority of its members . ### the european data protection board shall take decisions by a simple majority of its members , unless otherwise provided in its rules of procedure .


### any body , organisation or association which aims to protect data subjects’ rights and interests concerning the protection of their personal data and has been properly constituted according to the law of a member state shall have the right to lodge a complaint with a supervisory authority in any member state on behalf of one or more data subjects if it considers that a data subject’s rights under this regulation have been infringed as a result of the processing of personal data . ### any body , organisation or association which aims to protect data subjects’ rights and interests concerning the protection of their personal data and has been properly constituted according to the law of a member state , in particular employees’ representatives , shall have the right to lodge a complaint with a supervisory authority in any member state on behalf of one or more data subjects if it considers that a data subject’s rights under this regulation have been infringed as a result of the processing of personal data .


### the data subject has given consent to the processing of those personal data , subject to the conditions laid down in articles 7 and 8 , except where union law or member state law provide that the prohibition referred to in paragraph 1 may not be lifted by the data subject ; or ### the data subject has given consent to the processing of those personal data , subject to the conditions laid down in articles 7 and 8 , except where union law or member state law provide that the prohibition referred to in paragraph 1 may not be lifted by the data subject . this includes safeguards to prevent the blacklisting of workers , for example in relation to their trade union activities ; or


### in cases where data subjects in several member states are likely to be affected by processing operations , a supervisory authority of each of those member states shall have the right to participate in the joint investigative tasks or joint operations , as appropriate . the competent supervisory authority shall invite the supervisory authority of each of those member states to take part in the respective joint investigative tasks or joint operations and respond to the request of a supervisory authority to participate in the operations without delay . ### in cases where the controller or processor has establishments in several member states or where data subjects in several member states are likely to be affected by processing operations , a supervisory authority of each of those member states shall have the right to participate in the joint investigative tasks or joint operations , as appropriate . the lead authority as defined in article 54a shall invite the supervisory authority of each of those member states to take part in the respective joint investigative tasks or joint operations and respond to the request of a supervisory authority to participate in the operations without delay . the lead authority shall act as the single contact point for the controller or processor .


### when the personal data breach is likely to adversely affect the protection of the personal data or privacy of the data subject , the controller shall , after the notification referred to in article 31 , communicate the personal data breach to the data subject without undue delay . ### when the personal data breach is likely to adversely affect the protection of the personal data or privacy of the data subject , the controller shall , after the notification referred to in article 31 , communicate the personal data breach to the data subject within 24 hours .


### union or member state law may restrict by way of a legislative measure the scope of the obligations and rights provided for in points to of article 5 and articles 11 to 20 and article 32 , when such a restriction constitutes a necessary and proportionate measure in a democratic society to safeguard : ### union or member state law may restrict by way of a legislative measure the scope of the obligations and rights in articles 11 to 20 and article 32 , when such a restriction constitutes a necessary and proportionate measure in a democratic society to safeguard :


### processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller in the field of employment law in so far as it is authorised by union law or member state law providing for adequate safeguards ; or ### processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller in the field of employment law in so far as it is authorised by union law or member state law or collective agreements providing for adequate safeguards ; or


### the general principles on the protection of individuals with regard to the processing of personal data should also be applicable to the employment context . therefore , in order to regulate the processing of employees ' personal data in the employment context , member states should be able , within the limits of this regulation , to adopt by law specific rules for the processing of personal data in the employment sector . ### the general principles on the protection of individuals with regard to the processing of personal data should also be applicable to the employment and the social security context . therefore , in order to regulate the processing of employees ' personal data in the employment context , member states should be able , in accordance with this regulation , to adopt by law specific rules for the processing of personal data in the employment sector .


### research and innovation activities carried out under horizon 2020 shall have an exclusive focus on civil applications . ### research and innovation activities carried out under horizon 2020 shall focus primarily on civil applications .


### union funding under this challenge will thus support the development , implementation and adaptation of key union policies , notably europe 2020 priorities for smart , sustainable and inclusive growth , the common foreign and security policy and the union ' s internal security strategy , including policies on disaster prevention and response . coordination with the joint research centre direct actions will be pursued . ### union funding under this challenge will thus support the development , implementation and adaptation of key union policies , notably europe 2020 priorities for smart , sustainable and inclusive growth . coordination with the joint research centre direct actions will be pursued .


### completion of at least the 12 years of general school education or a certificate attesting success in an examination , of an equivalent level , for admission to a midwifery school for route i ; ### completion of at least 10 years of general school education or a certificate attesting success in an examination , of an equivalent level , for admission to a midwifery school for route i ;


### admission to training for nurses responsible for general care shall be contingent upon completion of general education of 12 years , as attested by a diploma , certificate or other evidence issued by the competent authorities or bodies in a member state or by a certificate attesting success in an examination , of an equivalent level , for admission to a school of nursing . ### admission to training for nurses responsible for general care shall be contingent upon completion of general education of at least 10 years , as attested by a diploma , certificate or other evidence issued by the competent authorities or bodies in a member state or by a certificate attesting success in an examination , of an equivalent level , for admission to a school of nursing . this provision shall be without prejudice to the right of member states to set a longer period of general education as a criterion governing admission to training .


### admission to training for nurses responsible for general care shall be contingent upon completion of general education of 12 years , as attested by a diploma , certificate or other evidence issued by the competent authorities or bodies in a member state or by a certificate attesting success in an examination , of an equivalent level , for admission to a school of nursing . ### admission to training for nurses responsible for general care shall be contingent upon completion of general education of 10 years up to the age of 16 at least , as attested by a diploma , certificate or other evidence issued by the competent authorities or bodies in a member state or by a certificate attesting success in an examination , of an equivalent level , for admission to a school of nursing .


### in order to supplement or amend certain non - essential elements of directive 2005 / 36 / ec , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of updating of annex i , setting the criteria for the calculation of fees related to the european professional card , establishing the details of the documentation necessary for the european professional card , the adaptations of the list of activities set out in annex iv , the adaptations of points 5 . 1 . 1 to 5 . 1 . 4 , 5 . 2 . 2 , 5 . 3 . 2 , 5 . 3 . 3 , 5 . 4 . 2 , 5 . 5 . 2 , 5 . 6 . 2 and 5 . 7 . 1 of annex v , clarifying the knowledge and skills for medical doctors , nurses responsible for general care , dental practitioners , veterinary surgeons , midwives , pharmacists and architects , adapting the minimum periods of training for specialist medical trainings and specialist dental training , the inclusion in point 5 . 1 . 3 of annex v of new medical specialities , the amendments to the list set out in points 5 . 2 . 1 , 5 . 3 . 1 , 5 . 4 . 1 , 5 . 5 . 1 and 5 . 6 . 1 of annex v , inclusion in point 5 . 3 . 3 of annex v of new dental specialities , specifying the conditions of application of common training frameworks , and specifying the conditions of application of common training tests . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council . ### in order to supplement or amend certain non - essential elements of directive 2005 / 36 / ec , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of updating of annex i , the adaptations of the list of activities set out in annex iv , clarifying the knowledge and skills for architects , adapting the minimum periods of training for specialist medical trainings and specialist dental training , the inclusion in point 5 . 1 . 3 of annex v of new medical specialities , the amendments to the list set out in points 5 . 2 . 1 , 5 . 3 . 1 , 5 . 4 . 1 , 5 . 5 . 1 and 5 . 6 . 1 of annex v , inclusion in point 5 . 3 . 3 of annex v of new dental specialities , specifying the conditions of application of common training frameworks , and specifying the conditions of application of common training tests . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council .


### in case of professions with patient safety implications , member states may confer to the competent authorities the right to carry out language checking covering all professionals concerned if it is expressly requested by the national health care system , or in case of self - employed professionals not affiliated to the nationals health care system , by representative national patient organisations . ### in the case of professions with patient safety implications , member states shall confer on the competent authorities the right to carry out language checking of the professionals concerned .


### whilst the directive already provides for detailed obligations for member states to exchange information , such obligations should be reinforced . member states should not only react to request for information but also alert other member states in a proactive manner . such alert system should be similar to that of directive 2006 / 123 / ec . a specific alert mechanism is however necessary for health professionals benefiting from automatic recognition under directive 2005 / 36 / ec . this should also apply to veterinary surgeons unless the member states have already triggered the alert mechanism provided for in directive 2006 / 123 / ec . all member states should be alerted if a professional due to a disciplinary action or criminal conviction is no longer entitled to move to another member state . this alert should be activated through the imi regardless of whether the professional has exercised any of the rights under directive 2005 / 36 / ec or of whether he has applied for recognition of his professional qualifications through the issuance of a european professional card or through any other method provided for by that directive . the alert procedure should comply with union law on the protection of personal data and other fundamental rights . ### whilst the directive already provides for detailed obligations for member states to exchange information , such obligations should be reinforced . member states should not only react to request for information but also alert other member states in a proactive manner . such alert system should be similar to that of directive 2006 / 123 / ec . a specific alert mechanism is however necessary for health professionals benefiting from automatic recognition under directive 2005 / 36 / ec . this should also apply to veterinary surgeons unless the member states have already triggered the alert mechanism provided for in directive 2006 / 123 / ec . all member states should be alerted if a professional , following a disciplinary action or criminal conviction which totally or partially restricts him from lawfully pursuing his profession , is no longer entitled to move to another member state or if he used , or tried to use , false documents as a basis for requesting recognition of his professional qualifications . this alert should be activated through the imi regardless of whether the professional has exercised any of the rights under directive 2005 / 36 / ec or of whether he has applied for recognition of his professional qualifications through the issuance of a european professional card or through any other method provided for by that directive . the alert procedure should comply with union law on the protection of personal data and other fundamental rights .


### the competent authority of the home member state shall verify the application , create and validate a european professional card within two weeks from the date it receives a complete application . it shall inform the applicant and the member state in which the applicant envisages to provide services , of the validation of the european professional card . the transmission of the validation information to the host member states concerned shall constitute the declaration provided for in article 7 . the host member state may not require a further declaration under article 7 for the following two years . ### the competent authority of the home member state shall verify the application and create a european professional card within four weeks from the date it receives the complete application . it shall inform the applicant and the member state in which the applicant envisages to provide services , of the creation of the european professional card . the transmission of the creation information to the host member states concerned shall constitute the declaration provided for in article 7 . the host member state may not require a further declaration under article 7 for the following two years .


### upon receipt of a complete application for a european professional card , the competent authority of the home member state shall , within two weeks , verify and confirm the authenticity and validity of the submitted supporting documents , create the european professional card , transmit it for validation to the competent authority of the host member state and inform that authority on the corresponding imi file . the applicant shall be informed by the home member state of the state of the procedure . ### upon receipt of a complete application for a european professional card , the competent authority of the home member state shall , within five weeks , verify and confirm the authenticity and validity of the submitted supporting documents , create the european professional card , transmit it for validation to the competent authority of the host member state and inform that authority on the corresponding imi file . the applicant shall be informed by the home member state of the state of the procedure .


### broadcasting organisations generally rely on a licence from a local collecting society , for their own broadcasts of television and radio programmes which include musical works . this licence is often limited to broadcasting activities . a licence for online rights in musical works would be required in order to allow such television or radio broadcasts to be also available online . to facilitate the licensing of online music rights for the purposes of simultaneous and delayed transmission online of television and radio broadcasts , it is necessary to provide for a derogation from the rules that would otherwise apply to the multi - territorial licensing of musical works for online uses . such derogation should be limited to what is necessary to allow access to television or radio programmes online and to material having a clear and subordinate relationship to the original broadcast produced for purposes such as supplementing , previewing or reviewing that television or radio programme . that derogation should not operate so as to distort competition with other services which give consumers access to individual musical or audiovisual works online , or lead to restrictive practices , such as market or customer sharing , in breach of articles 101 or 102 of the treaty on the functioning of the european union . ### broadcasting organisations generally rely on a blanket licence from a local collecting society in order to acquire rights to the worldwide repertoire of musical works and to be able to provide the public with television and radio programmes and online services . such blanket licences for broadcasting organisations are based on their actual needs , have become firmly established and are recognised by rightholders , broadcasting organisations and collecting societies alike . this established practice should be retained by this directive in order to avoid the application of disparate legislation on the licensing of offline and online services provided by broadcasting organisations . it is therefore necessary to exclude collecting societies from the scope of title iii as soon as they issue licences to broadcasting organisations . this should not , however , operate so as to distort competition with other services which give consumers access to individual musical works online , or lead to restrictive practices , such as market or customer sharing , and must accord with national and eu law , particularly articles 101 and 102 of the treaty on the functioning of the european union .


### member states should concentrate support to ensure a significant contribution to the achievement of union objectives in line with their specific national and regional development needs . ex ante conditionalities should be defined to ensure that the necessary framework conditions for the effective use of union support are in place . the fulfilment of those ex ante conditionalities should be assessed by the commission in the framework of its assessment of the partnership contract and programmes . in cases where there is a failure to fulfil an ex ante conditionality , the commission should have the power to suspend payments to the programme . ### member states should concentrate support to ensure a significant contribution to the achievement of union objectives in line with their specific national and regional development needs . ex ante conditionalities should be defined to ensure that the necessary framework conditions for the effective use of union support are in place . the fulfilment of those ex ante conditionalities should be assessed by the commission in the framework of its assessment of the partnership contract and programmes . in cases where , in spite of the commission’s recommendations , a member state does nothing to ensure such fulfilment , the commission may have the power to suspend payments to the programme . when deciding to suspend payments , the commission should take account of the economic and social effects on the member state in question . the suspensions should be lifted and funds be made available again to the member state concerned as soon as the member state takes the necessary action .


### in order to supplement and amend certain non - essential elements of this regulation , the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission in respect of a code of conduct on the objectives and criteria to support the implementation of partnership , the adoption of a common strategic framework , additional rules on the allocation of the performance reserve , the definition of the area and population covered by the local development strategies , detailed rules on financial instruments , the rules on certain types of financial instruments set up at national , regional , transnational or cross - border level , rules concerning funding agreements , transfer and management of assets , the arrangements for management and control , the rules on payment requests , and establishment of a system of capitalisation of annual instalments , the definition of the flat rate for revenue generating operations , the definition of the flat rate applied to indirect costs for grants based on existing methods and corresponding rates applicable in union policies , the responsibilities of member states concerning the procedure for reporting irregularities and recovery of sums unduly paid , the modalities of exchange of information of operations , the arrangements for the adequate audit trail , the conditions of national audits , the accreditation criteria for managing authorities and certifying authorities , the identification of commonly accepted data carriers , and the criteria for establishing the level of financial correction to be applied . the commission should also be empowered to amend annex v in order to address future adaptation needs . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . ### in order to supplement and amend certain non - essential elements of this regulation , the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission in respect of a set of guidelines on the objectives and criteria to support the implementation of partnership , the adoption of a common strategic framework , the definition of the area and population covered by the local development strategies , detailed rules on financial instruments , the rules on certain types of financial instruments set up at national , regional , transnational or cross - border level , rules concerning funding agreements , transfer and management of assets , the arrangements for management and control , the rules on payment requests , and establishment of a system of capitalisation of annual instalments , the definition of the flat rate for revenue generating operations , the definition of the flat rate applied to indirect costs for grants based on existing methods and corresponding rates applicable in union policies , the responsibilities of member states concerning the procedure for reporting irregularities and recovery of sums unduly paid , the modalities of exchange of information of operations , the arrangements for the adequate audit trail , the conditions of national audits , the accreditation criteria for managing authorities and certifying authorities , the identification of commonly accepted data carriers , and the criteria for establishing the level of financial correction to be applied . the commission should also be empowered to amend annex v in order to address future adaptation needs . it is of its particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level .


### the commission shall assess the information provided on the fulfilment of ex ante conditionalities in the framework of its assessment of the partnership contract and programmes . it may decide , when adopting a programme , to suspend all or part of interim payments to the programme pending the satisfactory completion of actions to fulfil an ex ante conditionality . the failure to complete actions to fulfil an ex ante conditionality by the deadline set out in the programme shall constitute a basis for suspending payments by the commission . ### the commission shall assess the information provided on the fulfilment of ex ante conditionalities in the framework of its assessment of the partnership contract and programmes . the failure to complete actions to fulfil an ex ante conditionality by the deadline set out in the programme shall constitute a basis for suspending payments by the commission .


### a description of the specific actions to promote equal opportunities and prevent any discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation during the preparation , design and implementation of the operational programme and in particular in relation to access to funding , taking account of the needs of the various target groups at risk of such discrimination and in particular the requirements of ensuring accessibility for disabled persons ; ### a description of the specific actions to promote equal opportunities and prevent any discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation and avoid reproducing segregation during the preparation , design and implementation of the operational programme and in particular in relation to access to funding , taking account of the needs of the various target groups at risk of such discrimination and in particular the requirements of ensuring accessibility for disabled persons ;


### by 31 january , 30 april , 31 july and 31 october , the managing authority shall transmit electronically to the commission for monitoring purposes , for each operational programme and by priority axis : ### by 31 january and 31 july , the managing authority shall transmit electronically to the commission for monitoring purposes , for each operational programme and by priority axis :


### an integrated approach to address the specific needs of geographical areas most affected by poverty or of target groups at highest risk of discrimination or exclusion , with special regard to marginalised communities , where appropriate , including the indicative financial allocation for the relevant csf funds ; ### on the basis of the commission ' s guidelines , an integrated approach to address the specific needs of geographical areas most affected by poverty or of target groups at highest risk of discrimination or poverty and social exclusion , with special regard to marginalised communities , where appropriate , including the indicative financial allocation for the relevant csf funds . the integrated approach shall demonstrate how the csf funds will contribute to the delivery of integrated national anti - poverty strategies as detailed in the nrps and supported by national public policies which promote the inclusion of all groups at risk of poverty and social exclusion , underpinned by national social reports ;


### programmes shall be drawn up by member states or any authority designated by them , in cooperation with the partners . ### programmes shall be drawn up by member states or any authority designated by them , member states shall begin a period of consultation with the relevant stakeholders and civil society representatives and shall publish the results of these consultations before drawing up such programmes .


### for the partnership contract and each programme respectively , a member state shall organise a partnership with the following partners : ### for the partnership contract and each programme respectively , member states and regional authorities shall organise a partnership with the following partners :


### actions to disseminate information , support networking , carry out communication activities , raise awareness and promote cooperation and exchange of experience , including with third countries . to bring about greater efficiency in communication to the public at large and stronger synergies between the communication activities undertaken at the initiative of the commission , the resources allocated to communication actions under this regulation shall also contribute to the corporate communication of the political priorities of the european union as far as they are related to the general objectives of this regulation ; ### actions to disseminate information , support networking , carry out communication activities , raise awareness and promote cooperation and exchange of experience , particularly amongst non - governmental organisations , including with third countries . to bring about greater efficiency in communication to the public at large and stronger synergies between the communication activities undertaken at the initiative of the commission , the resources allocated to communication actions under this regulation shall also contribute to the corporate communication of the political priorities of the european union as far as they are related to the general objectives of this regulation ;


### contributions in kind are not eligible expenditure in respect of financial instruments , except for contributions of land or real estate in respect of investments with the objective of supporting urban development or urban regeneration , where the land or real estate forms part of the investment . such contributions of land or real estate shall be eligible provided that the conditions in article 59 are met . ### contributions in kind are not eligible expenditure in respect of financial instruments , except for contributions of land or real estate in respect of investments with the objective of supporting urban or rural development and urban regeneration , where the land or real estate forms part of the investment . such contributions of land or real estate shall be eligible provided that the conditions in article 59 are met .


### a performance framework should be defined for each programme with a view to monitoring progress towards the objectives and targets set for each programme over the course of the programming period . the commission should undertake a performance review in cooperation with the member states in 2017 and 2019 . a performance reserve should be foreseen and allocated in 2019 where milestones set in the performance framework have been attained . due to their diversity and multi - country character , there should be no performance reserve for ' european territorial cooperation ' programmes . in cases where the shortfall in the achievement of milestones or targets is significant , the commission should be able to suspend payments to the programme or , at the end of the programming period , apply financial corrections , in order to ensure that the union budget is not used in a wasteful or inefficient way . ### a performance framework should be defined for each programme with a view to monitoring progress towards the objectives and targets set for each programme over the course of the programming period . the commission should undertake a performance review in cooperation with the member states in 2017 and 2019 and provide them with the necessary technical assistance if they are not achieving the stated aims . in cases where the shortfall in the achievement of milestones or targets is significant , thereby proving that the measures necessary to achieve them are not being taken , the commission should be able to suspend payments to the programme . when deciding to suspend payments , the commission should take account of the economic and social effects on the member state in question . the suspensions should be lifted and funds be made available again to the member state concerned as soon as the member state takes the necessary action .


### programmes shall be submitted by the member states at the same time as the partnership contract , with the exception of european territorial cooperation programmes , which shall be submitted within six months of the approval of the common strategic framework . all programmes shall be accompanied by the ex ante evaluation as set out in article 48 . ### programmes shall be submitted by the member states within 3 months after the submission of the partnership contract , with the exception of european territorial cooperation programmes , which shall be submitted within nine months of the adoption of the common strategic framework . all programmes shall be accompanied by the ex ante evaluation as set out in article 48 .


### the specific actions taken to promote equality between men and women and to prevent discrimination , including accessibility for disabled persons , and the arrangements implemented to ensure the integration of the gender perspective in the operational programme and operations ; ### the specific actions taken to promote equality between men and women and to prevent discrimination , including accessibility for disabled persons , and the arrangements implemented to ensure the integration of the gender perspective in the operational programme and operations , as well as the specific actions taken to fight poverty and promote social inclusion of vulnerable groups of people ;


### the ex post evaluations shall be carried out by the commission or by the member states , in close cooperation . ex post evaluations shall examine the effectiveness and efficiency of the csf funds and their contribution to the union strategy for smart , sustainable and inclusive growth in accordance with specific requirements established in the fund - specific rules . ex post evaluations shall be completed by 31 december 2023 . ### the ex post evaluations shall be carried out by the commission in close cooperation with the member states . ex post evaluations shall examine the effectiveness and efficiency of the csf funds and their contribution to the union strategy for smart , sustainable and inclusive growth in accordance with specific requirements established in the fund - specific rules . ex post evaluations shall be completed by 31 december 2023 .


### progress towards achievement of the union strategy for smart , sustainable and inclusive growth , in particular in respect of the milestones set out for each programme in the performance framework and the support used for climate change objectives ; ### progress towards achievement of the union strategy for smart , sustainable and inclusive growth , in particular in respect of the milestones set out for each programme in the performance framework and the support used for climate change , poverty reduction and overall and youth unemployment reduction objectives ;


### where an urban development strategy or other territorial strategy or pact as defined in article 12 of regulation&#8230 ; [ esf ] requires an integrated approach involving investments under more than one priority axis of one or more operational programmes , the action shall be carried out as an integrated territorial investment . ### where an urban or rural development strategy or pact as defined in article 12 of regulation&#8230 ; [ esf ] requires an integrated approach involving investments under more than one priority axis of one or more operational programmes , the action shall be carried out as an integrated territorial investment .


### an integrated approach to address the specific needs of geographical areas most affected by poverty or of target groups at highest risk of discrimination or exclusion , with special regard to marginalised communities , where appropriate , including the indicative financial allocation for the relevant csf funds ; ### an integrated approach to address the specific needs of geographical areas most affected by poverty or of target groups at highest risk of discrimination or social exclusion , with special regard to marginalised communities , where appropriate , including the indicative financial allocation for the relevant csf funds , with a view to helping implement the national strategies for combating poverty ;


### a performance framework should be defined for each programme with a view to monitoring progress towards the objectives and targets set for each programme over the course of the programming period . the commission should undertake a performance review in cooperation with the member states in 2017 and 2019 . a performance reserve should be foreseen and allocated in 2019 where milestones set in the performance framework have been attained . due to their diversity and multi - country character , there should be no performance reserve for ‘ european territorial cooperation’ programmes . in cases where the shortfall in the achievement of milestones or targets is significant , the commission should be able to suspend payments to the programme or , at the end of the programming period , apply financial corrections , in order to ensure that the union budget is not used in a wasteful or inefficient way . ### a performance framework should be defined for each programme with a view to monitoring progress towards the objectives and targets set for each programme over the course of the programming period . the commission should undertake a performance review in cooperation with the member states in 2017 and 2019 .


### member states should concentrate support to ensure a significant contribution to the achievement of union objectives in line with their specific national and regional development needs . ex ante conditionalities should be defined to ensure that the necessary framework conditions for the effective use of union support are in place . the fulfilment of those ex ante conditionalities should be assessed by the commission in the framework of its assessment of the partnership contract and programmes . in cases where there is a failure to fulfil an ex ante conditionality , the commission should have the power to suspend payments to the programme . ### member states should concentrate support to ensure a significant contribution to the achievement of union objectives in line with their specific national and regional development needs . ex ante conditionalities should be defined to ensure that the necessary framework conditions for the effective use of union support are in place . the fulfilment of those ex ante conditionalities should be assessed by the commission in the framework of its assessment of the partnership contract and programmes . in cases where , in spite of the commission’s recommendations , a member state does nothing to ensure such fulfilment , the commission may have the power to suspend payments to the programme . when deciding to suspend payments , the commission should take account of the economic and social effects on the member state in question . the suspensions should be lifted and funds be made available again to the member state concerned as soon as the member state takes the necessary action .


### each member state shall transmit its partnership contract to the commission within 3 months of the adoption of the common strategic framework . ### each member state shall transmit its partnership contract to the commission within six months of the adoption of the common strategic framework .


### promotion of equality between men and women and non - discrimination ### promotion of equal opportunities and non - discrimination


### the commission shall assess the information provided on the fulfilment of ex ante conditionalities in the framework of its assessment of the partnership contract and programmes . it may decide , when adopting a programme , to suspend all or part of interim payments to the programme pending the satisfactory completion of actions to fulfil an ex ante conditionality . the failure to complete actions to fulfil an ex ante conditionality by the deadline set out in the programme shall constitute a basis for suspending payments by the commission . ### the commission shall assess the information provided on the fulfilment of ex ante conditionalities in the framework of its assessment of the partnership contract and programmes . it may decide , when adopting a programme , to suspend all or part of interim payments to the programme pending the satisfactory completion of actions to fulfil an ex ante conditionality . the failure to complete actions to fulfil an ex ante conditionality by the deadline set out in the programme shall constitute a basis for suspending payments by the commission . the failure to maintain already fulfilled ex - ante conditionality during the implementation of the programme shall also constitute a basis for suspending payments by the commission .


### - is in accordance with the national poverty and social exclusion target , which includes the extension of employment opportunities for disadvantaged groups ; ### - lays out concrete proposals and public policy measures designed to work towards the achievement of the national poverty and social exclusion target , which includes the extension of quality employment opportunities for disadvantaged groups ;


### an analysis of the environmental impact , taking into account climate change adaptation and mitigation needs , and disaster resilience ; ### an analysis of the environmental impact , taking into account climate change adaptation and mitigation needs , and disaster resilience , and of the social impact , taking into account the benefits in terms of cohesion and development ;


### the list of cities where integrated actions for sustainable urban development will be implemented , the indicative annual allocation of the erdf support for these actions , including the resources delegated to cities for management under article 7 of regulation no [ … ] [ erdf ] and the indicative annual allocation of esf support for integrated actions ; ### the list of cities and suburban areas for regeneration where integrated actions for sustainable urban development will be implemented , the indicative annual allocation of the erdf support for these actions , including the resources delegated to cities for management under article 7 of regulation no [ … ] [ erdf ] and the indicative annual allocation of esf support for integrated actions ;


### 0 , 2% of the erdf resources for the investment for growth and jobs goal shall be allocated to innovative actions at the initiative of the commission in the area of sustainable urban development . ### 0 , 2% of the erdf resources for the investment for growth and jobs goal shall be allocated to innovative actions at the initiative of the commission in the area of sustainable urban and rural development .


### the member states and the commission shall ensure that equality between men and women and the integration of gender perspective is promoted in the preparation and implementation of programmes . ### the member states and the commission shall ensure that the principles of equal opportunities and non - discrimination are promoted in the preparation and implementation of programmes .


### - is coherent with the national reform programme ; ### - is coherent with the national reform programme and national social reports ;


### competent regional , local , urban and other public authorities ; ### other relevant public authorities ;


### a performance framework should be defined for each programme with a view to monitoring progress towards the objectives and targets set for each programme over the course of the programming period . the commission should undertake a performance review in cooperation with the member states in 2017 and 2019 . a performance reserve should be foreseen and allocated in 2019 where milestones set in the performance framework have been attained . due to their diversity and multi - country character , there should be no performance reserve for ' european territorial cooperation ' programmes . in cases where the shortfall in the achievement of milestones or targets is significant , the commission should be able to suspend payments to the programme or , at the end of the programming period , apply financial corrections , in order to ensure that the union budget is not used in a wasteful or inefficient way . ### a performance framework should be defined for each programme with a view to monitoring progress towards the objectives and targets set for each programme over the course of the programming period . the commission should undertake a performance review in cooperation with the member states in 2017 and 2019 and provide them with the necessary technical assistance if they are not achieving the stated aims . in cases where the shortfall in the achievement of milestones or targets is significant , thereby proving that the measures necessary to achieve them are not being taken , the commission should be able to suspend payments to the programme . when deciding to suspend payments , the commission should take account of the economic and social effects on the member state in question . the suspensions should be lifted and funds be made available again to the member state concerned as soon as the member state takes the necessary action .


### the actions taken to involve the partners and their role in the preparation of the partnership contract and the progress report as defined in article 46 of this regulation ; ### the actions taken to involve the partners , their effectiveness and the role of those partners in the preparation of the partnership contract and the progress report as defined in article 46 of this regulation ;


### progress in implementation of the integrated approach to territorial development , including sustainable urban development , and community - led local development under the operational programme ; ### progress in implementation of the integrated approach to territorial development , including sustainable urban and rural development , and community - led local development under the operational programme ;


### member states shall assess whether the applicable ex ante conditionalities are fulfilled . ### member states shall assess whether the ex ante conditionalities , relevant to the effectiveness of the contribution of the funds in the applicable cases of investment , are fulfilled .


### the commission should be empowered to adopt , by means of implementing acts , as regards all csf funds , decisions approving the partnership contracts , decisions on the allocation of the performance reserve , decisions suspending payments linked to member states’ economic policies , and , in the case of decommitment , decisions to amend decisions adopting programmes ; and as regards the funds , decisions identifying the regions and member states fulfilling the investment for growth and jobs criteria , decisions setting out the annual breakdown of commitment appropriations to the member states , decisions setting out the amount to be transferred from each member state ' s cf allocation to the connecting europe facility , decisions setting out the amount to be transferred from each member state ' s structural funds allocation for food for deprived people , decisions adopting and amending operational programmes , decisions on major projects , decisions on joint action plans , decisions suspending payments and decisions on financial corrections . ### the commission should be empowered to adopt , by means of implementing acts , as regards all csf funds , decisions approving the partnership contracts , and , in the case of decommitment , decisions to amend decisions adopting programmes ; and as regards the funds , decisions identifying the regions and member states fulfilling the investment for growth and jobs criteria , decisions setting out the annual breakdown of commitment appropriations to the member states , decisions setting out the amount to be transferred from each member state ' s cf allocation to the connecting europe facility , decisions setting out the amount to be transferred from each member state ' s structural funds allocation for food for deprived people , decisions adopting and amending operational programmes , decisions on major projects , decisions on joint action plans , decisions suspending payments and decisions on financial corrections .


### during that trip the fishing vessel concerned has only one regulated gear on board and that gear is listed in accordance with paragraph 2 . ### the fishing vessel concerned uses a regulated gear and that gear is listed in accordance with paragraph 2 ;


### exclusions from the fishing effort regime that were already in force prior to [ __ - will be filled with concrete date ] shall continue to apply for as long as the conditions under which those exclusions were granted remain fulfilled . member states shall provide annually to the commission any relevant information enabling it to establish that those conditions remain fulfilled . ### exclusions from the fishing effort regime that were already in force prior to …* shall continue to apply for as long as the conditions under which those exclusions were granted remain fulfilled . member states shall provide annually to the commission any relevant information enabling it to establish that those conditions remain fulfilled . * oj : insert the date of publication of the official journal in which this regulation is published .


### when calculating a day present within an area member states shall use the same method used to establish the effort baseline referred to in article 12 . ### member states shall calculate days present within an area in accordance with article 26 of regulation no 1224 / 2009 establishing a community fisheries control system .


### during that trip the fishing vessel concerned has only one regulated gear on board and that gear is listed in accordance with paragraph 2 . ### the fishing vessel concerned uses a regulated gear and that gear is listed in accordance with paragraph 2 .


### supporting actions providing operators with skills and knowhow encouraging the adaption to digital technologies , including testing new approaches to audience building and business models ; ### supporting actions providing operators with skills and know - how encouraging the adaption to digital technologies , including testing new approaches to audience building and business models ; mobile internet technologies should form an integral part of this process , in view of their increasing use ;


### before appointment , the candidate selected by the management board may be invited to make a statement before the competent committee of the european parliament and to answer questions put by its members . ### before appointment , the candidate selected by the management board shall make a statement before the competent committee of the european parliament and answer questions put by its members .


### the delegation of power referred to in article 5 , article 6 , article 6 , article 7 , article 8 , article 8a , article 8b , article 8c , article 9 , article 10 , article 14 , article 14 , article 25 and article 64 shall be conferred on the commission for an indeterminate period of time . ### the delegation of power referred to in article 5 , article 6 , article 6 , article 7 , article 8 , article 8a , article 8b , article 8c , article 9 , article 10 , article 14 , article 14 , article 25 and article 64 shall be conferred on the commission for a period of five years from the date of entry into force of this regulation . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### when necessary , because of urgency , the executive board may take certain provisional decisions on behalf of the management board , in particular on administrative management matters , including the suspension of the delegation of the appointing authority powers and budgetary matters ### when necessary , because of urgency , the executive board may take certain provisional decisions on behalf of the management board on administrative management matters , including the suspension of the delegation of the appointing authority powers and budgetary matters . such provisional decisions shall be referred immediately to the management board . the management board may revoke the decisions taken by the executive board by an absolute majority of the votes of its members .


### the identification and registration of movements of bovine animals when put out to summer grazing in different mountain areas . ### the identification and registration of movements of bovine animals during different types of seasonal transhumance .


### the maximum period referred to in point shall not exceed 20 days from the date of arrival of the animals on the holding of destination . in any event , the means of identification shall be applied to the animals before they leave the holding of destination . ### the maximum period referred to in the first subparagraph shall not exceed 20 days from the date of arrival of the animals on the holding of destination . by way of derogation , for reasons related to the physiological development of the animals , that period may be extended to up to 60 days of their age for the second means of identification . in any event , the means of identification shall be applied to the animals before they leave the holding of destination .


### by way of derogation , paragraphs 1 and 2 shall not apply to medical applications using the magnetic resonance effect and the following related activities : integral system testing before release for shipment , installation , cleaning , maintenance , research and development activities . in these particular cases , specific protection measures shall be put in place . for this purpose the commission shall consult the existing working groups and proceed according to the measures set out in annex iv . ### by way of derogation , the exposure limits as set out in paragraphs 1 and 2 shall not apply to medical applications using the magnetic resonance effect and the following related activities : integral system testing before release for shipment , installation , cleaning , maintenance , research and development activities . workers exposed to electromagnetic fields from magnetic resonance imaging shall still be covered by the protective measures set out in this directive . guidelines shall be drawn up for the safe use of medical applications using the magnetic resonance effect . for this purpose the commission shall consult the existing working groups and proceed according to the measures set out in annex iv . this derogation shall be revised within 5 years , taking into account new evidence regarding the effect of exposure to electromagnetic fields and advances in protecting workers from exposure .


### this directive does not address long - term effects . ### this directive does not address long - term effects . however , should new evidence on the long - term effects of exposure to electromagnetic fields come to light then this directive should be revised appropriately .


### by way of derogation , paragraphs 1 and 2 shall not apply to the armed forces in member states where an equivalent and more specific protection system such as nato standard stanag 2345 is already in place and implemented . member states shall inform the commission of the existence and effective implementation of such protection systems when notifying the transposition of the provisions of this directive into national legislation in accordance with article 14 . ### by way of derogation , the exposure limits as set out in paragraphs 1 and 2 shall not apply to the armed forces in member states where an equivalent and more specific protection system such as nato standard stanag 2345 is already in place and implemented . member states shall inform the commission of the existence and effective implementation of such protection systems when notifying the transposition of the provisions of this directive into national legislation in accordance with article 14 .


### where non - annex i goods are exported , the agricultural products listed in points , , , and of article 133 of regulation no &#8230 ; / &#8230 ; [ com 626 final ] which have been used in the manufacturing of those non - annex i goods shall qualify for export refunds as set out in annex ii to this regulation . article 133 and of regulation no &#8230 ; / &#8230 ; [ com 626 final ] shall apply . ### in accordance with article 133 of regulation no &#8230 ; / &#8230 ; [ com 626 final ] , where non - annex i goods are exported , the agricultural products listed in points , , , and of article 133 of that regulation which have been used in the manufacturing of those non - annex i goods shall qualify for export refunds as set out in annex ii to this regulation . article 133 and of regulation no &#8230 ; / &#8230 ; [ com 626 final ] shall apply .


### the power to adopt the delegated acts referred to in articles 8 , 12 , 15 , 19 , 27 , 32 , article 34 , article 37 , article 38 and article 39 shall be conferred on the commission for an indeterminate period of time from the date of entry into force of this regulation . ### the power to adopt the delegated acts referred to in article 5 , article 5 , articles 8 , 12 , 15 , 19 , 27 , 32 , article 34 , article 37 , article 38 and article 39 shall be conferred on the commission for a period of five years from the date of entry into force of this regulation . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### be initiated to contain an incipient major accident within the installation , or within the exclusion zone established by the member state around the perimeter of the installation , or subsea wellhead ; ### be initiated to prevent escalation or limit consequences of an accident related to offshore oil and gas operations within an exclusion zone established by the member state around the perimeter of the installation , subsea wellhead or pipeline ;


### the name and address of the operator of the installation ; ### the name and address of the operator and if different , the owner of the installation ;


### as no existing financial security instruments , including risk pooling arrangements , can accommodate all possible consequences of extreme accidents , the commission should proceed with further analysis and studies of the appropriate measures to ensure adequately robust liability regime for damages related to offshore oil and gas operations , requirements on financial capacity including availability of appropriated financial security instruments or other arrangements . ### member states should ensure that operators in their jurisdiction demonstrate their ability to pay for the consequences of damage caused by their operations , through the provision of financial security , and should decide which instruments are appropriate for this purpose . as no existing financial security instruments , including risk pooling arrangements , can accommodate all possible consequences of extreme accidents , the commission should proceed with further analysis and studies of the appropriate measures to ensure a robust liability regime for damages related to offshore oil and gas operations , and requirements on financial capacity including improving the availability of financial security instruments and arrangements . the commission should report on the findings and proposals within one year after adoption of this regulation .


### operators shall communicate details of the national arrangements pursuant to paragraph 1 to their employees , and to employees to relevant subcontractors , and ensure that reference to anonymous reporting is included in relevant training and notices . ### operators shall communicate details of the national arrangements established by the competent authorities pursuant to paragraph 1 , to their employees , and to the employees of any relevant subcontractors , and shall ensure that reference to anonymous reporting is included in relevant training and notices and in an employee ' s contract of employment .


### member states shall prepare external emergency plans covering all offshore oil and gas installations and potentially affected areas within their jurisdiction . ### member states shall prepare external emergency response plans covering all offshore oil and gas installations or connected infrastructure and potentially affected areas within their jurisdiction . the external emergency response plans shall specify the role of operators in the external emergency response , and the operators ' liability regarding the costs of external emergency response .