### it is important to gather reliable data on the performance of restructuring , insolvency and discharge procedures in order to monitor the implementation and application of this directive . therefore member states should collect and aggregate data that is sufficiently granular to enable an accurate assessment of how the directive works in practice . ### it is important to gather reliable data on the performance of restructuring , insolvency and discharge procedures in order to monitor the implementation and application of this directive . therefore member states should collect and aggregate data that is sufficiently granular to enable an accurate assessment of how the directive works in practice with a view to instituting additional reforms if necessary . they should accordingly proceed to collect and analyse data by type of procedure so that reliable and usable comparative statistics can be obtained .


### member states shall ensure that debtors and entrepreneurs have access to early warning tools which can detect a deteriorating business development and signal to the debtor or the entrepreneur the need to act as a matter of urgency . ### member states shall develop early warning tools which can detect a deteriorating business development and signal to the debtor , the entrepreneur and the employees ' representative or the employees themselves , where they have no representative , the need to act as a matter of urgency .


### member states shall ensure that debtors and entrepreneurs have access to relevant up - to - date , clear , concise and user - friendly information about the availability of early warning tools and any means available to them to restructure at an early stage or to obtain a discharge of personal debt . ### member states shall ensure public , free , relevant up - to - date , clear , concise and user - friendly information about the availability of early warning tools and any means available to debtors and entrepreneurs to restructure at an early stage or to obtain a discharge of personal debt .


### member states shall ensure that debtors who are negotiating a restructuring plan with their creditors may benefit from a stay of individual enforcement actions if and to the extent such a stay is necessary to support the negotiations of a restructuring plan . ### member states shall ensure that debtors who are negotiating a restructuring plan with their creditors may benefit from a stay of individual enforcement actions . particular conditions shall be specified in order to ensure that such a stay is necessary to allow the negotiation of a restructuring plan . member states shall at least require that businesses of debtors benefiting from a stay of individual enforcement actions are viable .


### member states may derogate from paragraph 1 where the debtor becomes illiquid and therefore unable to pay his debts as they fall due during the stay period . in that case , member states shall ensure that restructuring procedures are not automatically terminated and that , upon examining the prospects for achieving an agreement on a successful restructuring plan within the period of the stay , a judicial or administrative authority may decide to defer the opening of insolvency procedure and keep in place the benefit of the stay of individual enforcement actions . ### member states may derogate from paragraph 1 where the debtor becomes illiquid and therefore unable to pay his debts as they fall due during the stay period . in that event , a judicial or administrative authority shall have the power to defer the opening of the insolvency procedure and to keep in place the benefit of the stay of individual enforcement actions , on condition that it does not cause severe financial difficulties to creditors , in order to examine the prospects for achieving an agreement on a successful restructuring plan or an economically viable business transfer , within the period of the stay .


### member states shall require restructuring plans submitted for confirmation by a judicial or administrative authority to contain at least the following information : ### member states shall require restructuring plans to be confirmed by a judicial or administrative authority and shall guarantee that plans are notified for assessment to employees ' representatives or to the debtors ' employees themselves , where they have no representative , for their opinion . restructuring plans shall contain at least the following information :


### member states shall ensure that affected parties are treated in separate classes which reflect the class formation criteria . classes shall be formed in such a way that each class comprises claims or interests with rights that are sufficiently similar to justify considering the members of the class a homogenous group with commonality of interest . as a minimum , secured and unsecured claims shall be treated in separate classes for the purposes of adopting a restructuring plan . member states may also provide that workers are treated in a separate class of their own . ### member states shall ensure that affected parties are treated in separate classes which reflect the class formation criteria under national law . classes shall be formed in such a way that each class comprises claims or interests with rights that are sufficiently similar to justify considering the members of the class a homogenous group with commonality of interest . as a minimum , secured and unsecured claims shall be treated in separate classes for the purposes of adopting a restructuring plan . member states shall also provide for employees and equity holders to be treated in separate classes of their own , as preferential creditors , including in respect of any debts owed to the state . employees’ representatives shall be informed and consulted , shall be able to propose alternative solutions that guarantee the maintenance of jobs , and shall be able to request intervention by an external expert who would draw up alternative proposals , with the same status and consideration as any other plan or proposal .


### the restructuring plan complies with the best interest of creditors test ; ### in the event that creditors challenge , whether the restructuring plan complies with the best interest of creditors test ;


### the over - indebted entrepreneur acted dishonestly or in bad faith towards the creditors when becoming indebted or during the collection of the debts ; ### the over - indebted entrepreneur acted dishonestly or in bad faith towards the creditors when becoming indebted or during the collection of the debts . the commission shall provide guidelines for member states to establish a set of criteria for what constitutes dishonest action or bad faith ;


### member states may exclude specific categories of debt , such as secured debts or debts arising out of criminal penalties or tortious liability , from discharge or lay down a longer discharge period where such exclusions or longer periods are justified by a general interest . ### member states may exclude specific categories of debt , such as secured debts or debts arising out of right to alimony , criminal penalties or tortious liability , from discharge or lay down a longer discharge period where such exclusions or longer periods are justified by a general interest . when exclusion involves public creditors , member states shall take into account the necessary balance between the general public interest and the promotion of entrepreneurship .


### member states shall ensure that , where an over - indebted entrepreneur has professional debts incurred in the course of his or her trade , business , craft or profession as well as personal debts incurred outside those activities , all debts are treated in a single procedure for the purposes of obtaining a discharge . ### member states shall ensure that , where an over - indebted entrepreneur has professional debts incurred in the course of his or her trade , business , craft or profession as well as personal debts incurred outside those activities , professional debts are to be treated , for the purposes of obtaining a discharge , separately from personal debts . where there are procedures for obtaining a discharge for both professional and personal debts , these procedures can be coordinated for the purposes of obtaining a discharge in accordance with this directive .


### member states shall ensure that mediators , insolvency practitioners and other practitioners appointed in restructuring , insolvency and second chance matters receive the necessary initial and further training in order to ensure that their services are provided in an effective , impartial , independent and competent way in relation to the parties . ### member states shall ensure that mediators , insolvency practitioners and other practitioners appointed in restructuring , insolvency and second chance matters have extensive expertise&#160 ; and experience&#160 ; in order to ensure that their services are provided in an effective , impartial , independent and competent way in relation to the parties . member states shall also ensure the availability of a public list of registered practitioners and mediators which will facilitate the encouragement of debtors to obtain protection through contractual means beside those required by this directive .


### member states shall encourage , by any means which they consider appropriate , the development of , and adherence to , voluntary codes of conduct by practitioners in the field of restructuring , insolvency and second chance , as well as other effective oversight mechanisms concerning the provisions of such services . ### the commission shall encourage member states to set minimum standards for the practitioner , such as training and professional qualification , a registered status as a practitioner , licensing , personal liability and professional code of ethics , insurance and good repute .


### member states shall compile statistics from the aggregate data referred to in paragraphs 1 and 2 for full calendar years ending on 31 december of each year , starting with data collected for the first full calendar year following [ the date of start of application of implementing measures ] . these statistics shall be communicated to the commission on the basis of a standard data communication form annually , by 31 march of the calendar year following the year for which data is collected . ### member states shall compile statistics from the aggregate data referred to in paragraphs 1 and 2 for full calendar years ending on 31 december of each year , starting with data collected for the first full calendar year following [ the date of start of application of implementing measures ] . these statistics shall be communicated to the commission on the basis of a standard data communication form annually , by 31 march of the calendar year following the year for which data is collected . member states shall present statistics by means of a user - friendly website .


### no later than [ 5 years from the date of start of application of implementing measures ] and every 7 years thereafter , the commission shall present to the european parliament , the council and the european economic and social committee a report on the application of this directive , including on whether additional measures to consolidate and strengthen the legal framework on restructuring , insolvency and second chance should be considered . ### no later than [ 5 years from the date of start of application of implementing measures ] and every 7 years thereafter , the commission shall review the application of this directive and shall present to the european parliament , the council and the european economic and social committee a report accompanied , if possible , by a proposal for new legislative acts to consolidate and strengthen the legal framework on restructuring , insolvency and second chance . that review shall not focus solely on the material recovery rate but also on solvency and restoring viability . particular attention shall be paid to the impact on smes .


### the ceas is based on common minimum standards for asylum procedures , recognition and protection offered at union level , reception conditions and a system for determining the member state responsible for asylum seekers . notwithstanding progress on the ceas , there are still significant disparities between the member states in the granting of international protection and in the form that such international protection takes . those disparities should be addressed by ensuring greater convergence in the assessment of applications for international protection and by guaranteeing a high and uniform level of application of union law across the union . ### the ceas is based on common minimum standards for asylum procedures , recognition and protection offered at union level , reception conditions and a system for determining the member state responsible for asylum seekers . notwithstanding progress on the ceas , there are significant differences between the member states in the granting of international protection and in the form that such international protection takes , due to variations in regional and geopolitical challenges . those disparities should be addressed by ensuring greater cooperation in the assessment of applications for international protection and by guaranteeing a high level of application and efficient enforcement of union and international law across the union based on best practices and better involvement of regional actors .


### in its communication of 6 april 2016 , the commission set out its options for improving the ceas , namely to establish a sustainable and fair system for determining the member states responsible for asylum seekers , to reinforce the eurodac system , to achieve greater convergence in the asylum system and to prevent secondary movements , and develop an enhanced mandate for the european asylum support office . that communication is in line with calls by the european council on 18 february 2016 to make progress towards reforming the eu ' s existing framework so as to ensure a humane and efficient asylum policy . it also proposes a way forward in line with the holistic approach to migration set out by the european parliament in its own initiative report of 12 april 2016 . ### in its communication of 6 april 2016 , the commission set out its options for improving the ceas , namely to establish a sustainable and fair system for determining the member states responsible for asylum seekers , to reinforce the eurodac system , to achieve greater convergence in the asylum system by adopting a new regulation establishing a single common european asylum system , a new regulation on the conditions that must be met by asylum seekers and through targeted amendments to the directive on reception conditions , and to prevent secondary movements , and develop an enhanced mandate for the european asylum support office . that communication is in line with calls by the european council on 18 february 2016 to make progress towards reforming the eu ' s existing framework so as to ensure a humane and efficient asylum policy . it also proposes a way forward in line with the holistic approach to migration set out by the european parliament in its own initiative report of 12 april 2016 .


### having regard to structural weaknesses of the ceas brought to the fore by large - scale and uncontrolled arrival of migrants and asylum seekers to the union and the need for an efficient , high and uniform level of the application of union asylum law in member states , it is necessary to improve the implementation and functioning of the ceas by building on the work of the european asylum support office and further develop it into a fully - fledged agency which should be responsible for facilitating and improving the functioning of the ceas , for enabling a sustainable and fair distribution of applications for international protection for ensuring convergence in the assessment of applications for international protection across the union , and for monitoring the operational and technical application of union law . ### having regard to structural weaknesses of the ceas brought to the fore by large - scale and uncontrolled arrival of migrants and asylum seekers to the union and the need for an efficient , high and uniform level of the application of union and international asylum law in member states , it is necessary to improve the implementation and functioning of the ceas by building on the work of the european asylum support office and further develop it into a fully - fledged agency which should be responsible for facilitating and improving the functioning of the ceas , for enabling a sustainable and fair distribution of applications for international protection for ensuring convergence in the assessment of applications for international protection across the union , and for monitoring the operational and technical application of union and international law .


### the tasks of the european asylum support office should be expanded , and to reflect those changes , it should be renamed european union agency for asylum . the agency should be a centre of expertise and its main role should be to strengthen practical cooperation and information exchange among member states on asylum , promote union law and operational standards to ensure a high degree of uniformity as regards asylum procedures , reception conditions and the assessment of protection needs across the union , monitor the operational and technical application of union law and standards as regards asylum , support the dublin system and provide increased operational and technical support to member states for the management of the asylum and reception systems , in particular those whose systems are subject to disproportionate pressure . ### the tasks of the european asylum support office should be expanded , and to reflect those changes , it should be renamed european union agency for asylum . the agency should be a centre of expertise and its main roles should be to strengthen practical cooperation and information exchange among member states on asylum , promote union law and operational standards to ensure a high degree of uniformity as regards asylum procedures , reception conditions and the assessment of protection needs across the union , evaluate and monitor the operational and technical application of union law and standards as regards asylum , support the dublin system and provide increased operational and technical support to member states for the management of the asylum and reception systems , in particular those whose systems are subject to disproportionate pressure .


### the european union agency for asylum should ensure a more structured and streamlined production of information on countries of origin at the level of the european union . it is necessary for the agency to gather information and draw up reports providing for country of origin information by making use of european networks on country of origin information so as to avoid duplication and create synergies with national reports . furthermore , to ensure convergence in the assessment of applications for international protection and the nature and quality of protection granted , the agency should , together with member states , engage in and develop a common analysis providing guidance on the situation in specific countries of origin . ### the european union agency for asylum should ensure a more structured and streamlined production of information on countries of origin and transit at the level of the european union . it is necessary for the agency to gather information and draw up reports providing for country of origin and transit information by making use of european networks , in particular the eeas , union delegations and diplomatic missions of member states , on country of origin information so as to avoid duplication and create synergies with national reports . furthermore , to ensure convergence and high standards in the assessment of applications for international protection and the nature and quality of protection granted , the agency should , together with member states , engage in and develop a common analysis providing guidance on the situation in specific countries of origin . such common analysis should be developed taking into account the most recent relevant information and reports of the iom , international and national organisations and the unhcr , such as fact - finding missions reports and country / situation specific position papers and eligibility guidelines relating to the specific country of origin and transit . where there is a conflict between the common analysis and unhcr guidance , the latter should be carefully taken into account by member states when examining individual applications for international protection in accordance with the supervisory responsibility of the unhcr as set out in paragraph 8 of the statute of the office of the high commissioner for refugees , read in conjunction with article 35 of the 1951 convention relating to the status of refugees and article ii of the 1967 protocol relating to the status of refugees .


### this regulation respects fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union . all activities of the european union agency for asylum shall be carried out in full respect of these fundamental rights and principles , including the right to asylum , the protection from refoulement , the right to respect for private and family life , the right to protection of personal data and the right to an effective remedy . the rights of the child and the special needs of vulnerable persons shall always being taken into account . ### this regulation respects fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union and the 1951 geneva convention . all activities of the european union agency for asylum shall be carried out in full respect of these fundamental rights and principles , including the right to asylum , the protection from refoulement , the right to respect for private and family life , the right to protection of personal data and the right to an effective remedy . the rights of the child and the special needs of vulnerable persons , in particular women and lgbti people shall always being taken into account .


### the commission may request the agency to carry out a review of the situation in any such third country with a view to assess whether the relevant conditions and criteria set out in that directive are respected . ### the european parliament , the council or the commission may request the agency to carry out a review of the situation in any such third country with a view to assess whether the relevant conditions and criteria set out in that directive are respected .


### where the asylum and reception systems of a member state are subject to disproportionate pressure that places exceptionally heavy and urgent demands on those systems , the agency shall , at the request of the member state concerned or on its own initiative , organise and coordinate a comprehensive set of operational and technical measures as referred to in article 16 and deploy experts from the asylum intervention pool referred to in article 18 and experts from its own staff to reinforce the asylum and reception systems within a short period of time . ### where the asylum and reception systems of a member state are subject to disproportionate pressure that places exceptionally heavy and urgent demands on those systems , the agency shall , at the request of the member state concerned or on its own initiative , organise and coordinate a comprehensive set of operational and technical measures as referred to in article 16 and deploy experts from the asylum intervention pool referred to in article 18 , experts from its own staff and where necessary additional technical equipment to reinforce the asylum and reception systems within a short period of time .


### the management board may establish an executive board , composed of the chairperson of the management board , the two representatives of the commission to the management board and three other members of the management board , to assist it and the executive director with regard to the preparation of decisions , the annual and multi - annual programming and activities to be adopted by the management board . 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 . ### the management board may establish a small - sized executive board , to assist it and the executive director with regard to the preparation of the decisions , programmes and activities to be adopted by the management board and to take certain provisional , urgent decisions on behalf of the management board when necessary . the executive board shall not take decisions that must be passed by either a two - thirds or three - quarters majority of the management board . the management board may delegate certain clearly defined tasks to the executive board , in particular where this improves the efficiency of the agency . it may not delegate to the executive board tasks related to decisions that must be passed by either a two - thirds or three - quarters majority of the management board .


### on a proposal by the executive director , the management board shall decide on the composition and working methods of the consultative forum , including thematic or geographic - focused consultation groups , and the modalities of transmission of information to the consultative forum . ### the executive director shall decide on the composition and working methods of the consultative forum , including thematic or geographic - focused consultation groups , and the modalities of transmission of information to the consultative forum .


### on 15 july 2014 , the then president - elect of the european commission presented a set of political guidelines for the european commission to the european parliament . these political guidelines called for the mobilisation of ‘ up to eur 300 billion in additional public and private investment in the real economy over the next three years’ to stimulate investment for the purpose of job creation . ### on 15 july 2014 , the then president - elect of the european commission presented a set of political guidelines for the european commission to the european parliament . these political guidelines called for an energy union , a connected digital single market , and the mobilisation of ‘ up to eur 300 billion in additional public and private investment in the real economy over the next three years’ to stimulate investment for the purpose of job creation .


### many small and medium enterprises , as well as mid - cap companies , across the union require assistance to attract market financing , especially as regards investments that carry a greater degree of risk . the efsi should help these businesses to overcome capital shortages by allowing the eib and the european investment fund to provide direct and indirect equity injections , as well as to provide guarantees for high - quality securitisation of loans , and other products that are granted in pursuit of the aims of the efsi . ### many innovative and fast growing enterprises , including start - ups across the union require assistance to attract market financing , especially as regards investments that carry a greater degree of risk . the efsi should help these businesses to overcome capital shortages by allowing the eib and the european investment fund to provide direct and indirect equity injections , as well as to provide guarantees for high - quality securitisation of loans , and other products that are granted in pursuit of the aims of the efsi .


### decisions on the use of the efsi support for infrastructure and large mid - cap projects should be made by an investment committee . the investment committee should be composed of independent experts who are knowledgeable and experienced in the areas of investment projects . the investment committee should be accountable to a steering board of the efsi , who should supervise the fulfilment of the efsi ' s objectives . to effectively benefit from the experience of the eif , the efsi should support funding to the eif to allow the eif to undertake individual projects in the areas of small and medium enterprises and small mid - cap companies . ### decisions on the use of the efsi support for infrastructure and large mid - cap projects should be made by an investment committee . the investment committee should be composed of independent experts who are knowledgeable and experienced in the areas of project structuring and project financing , investment projects and in different sectors , such as research and development , energy , transport and ict . the investment committee should be accountable to a steering board of the efsi , who should supervise the fulfilment of the efsi ' s objectives . to effectively benefit from the experience of the eif , the efsi should support funding to the eif to allow the eif to undertake individual projects in the areas of small and medium enterprises and small mid - cap companies .


### decisions on the use of the efsi support for infrastructure and large mid - cap projects should be made by an investment committee . the investment committee should be composed of independent experts who are knowledgeable and experienced in the areas of investment projects . the investment committee should be accountable to a steering board of the efsi , who should supervise the fulfilment of the efsi ' s objectives . to effectively benefit from the experience of the eif , the efsi should support funding to the eif to allow the eif to undertake individual projects in the areas of small and medium enterprises and small mid - cap companies . ### decisions on the use of the efsi support for infrastructure and large mid - cap projects should be made by an investment committee . the investment committee should be composed of independent experts who are knowledgeable and experienced in the areas of investment projects . the investment committee shall carry out its responsibilities fully independently and in line with the criteria set out in this regulation , as this is key to ensure the trust and participation of the private sector in the investment plan . the investment committee shall not take any instructions from third entities regarding the selection of individual projects to be funded by efsi , but shall be accountable to a steering board of the efsi , who supervises the fulfilment of the efsi ' s objectives . to effectively benefit from the experience of the eif , the efsi shall support funding to the eif to allow the eif to undertake individual projects in the areas of small and medium enterprises and small mid - cap companies .


### in accordance with the treaty on the functioning of the european union , infrastructure and project investments supported under efsi should be consistent with state aid rules . to that end , the commission has announced that it will formulate a set of core principles , for the purpose of state aid assessments , which a project will have to meet to be eligible for support under the efsi . if a project meets these criteria and receives support from the efsi , the commission has announced that any national complementary support , will be assessed under a simplified and accelerated state aid assessment whereby the only additional issue to be verified by the commission will be the proportionality of public support . the commission has also announced that it will provide further guidance on the set of core principles with a view to ensuring an efficient use of public funds . ### in accordance with the treaty on the functioning of the european union , infrastructure and project investments supported under efsi should comply with state aid rules . to that end , the commission has announced that it will formulate a set of core principles , for the purpose of state aid assessments , which a project will have to meet to be eligible for support under the efsi . if a project meets these criteria and receives support from the efsi , the commission has announced that any national complementary support , will be assessed under a simplified and accelerated state aid assessment whereby the only additional issue to be verified by the commission will be the proportionality of public support . the commission has also announced that it will provide further guidance on the set of core principles with a view to ensuring an efficient use of public funds .


### the efsi agreement shall be open to accession by member states . subject to the consent of existing contributors , the efsi agreement shall also be open to accession by other third parties , including national promotional banks or public agencies owned or controlled by member states , and private sector entities . ### the efsi agreement shall be open to accession by member states , under the terms laid out in the efsi agreement . subject to the consent of existing contributors , the efsi agreement shall also be open to accession by other third parties , including national promotional banks or public agencies owned or controlled by member states , and private sector entities .


### the managing director shall report every quarter on the activities of the efsi to the steering board . ### the managing director shall report every quarter on the activities of the efsi to the steering board and the european parliament .


### in addition , the eu guarantee shall be granted for support of dedicated investment platforms and national promotional banks , via the eib , that invest in operations meeting the requirements of this regulation . in that case , the steering board shall specify policies regarding eligible investment platforms . ### in addition , the eu guarantee shall be granted for support of dedicated investment platforms , and national promotional banks , alternative investment fund managers , which manage alternative investment funds authorised in accordance with directive 2011 / 61 / eu , managers of collective investment undertakings authorised in accordance with regulation no 345 / 2013 and managers of collective investment undertakings in accordance with regulation no 346 / 2013 , via the eib , that invest in operations meeting the requirements of this regulation . in that case , the steering board shall specify policies regarding eligible investment platforms , aifs , qualifying venture capital and social entrepreneurship funds .


### by 31 december 2018 , and every year thereafter , the commission shall review the adequacy of the level of the guarantee fund taking into account any reduction of resources resulting from the activation of the guarantee and the eib ' s assessment submitted in accordance with article 10 . ### by 31 december 2018 , and every year thereafter , the commission shall review the adequacy of the level of the guarantee fund taking into account any reduction of resources resulting from the activation of the guarantee and the eib ' s assessment submitted in accordance with article 10 . under no circumstances the budgets of horizon2020 and the connecting europe facility may be further impacted by the outcome of this review .


### from 1 january 2019 , if as a result of calls on the guarantee , the level of the guarantee fund falls below 50% of the target amount , the commission shall submit a report on exceptional measures that may be required to replenish it . ### from 1 january 2019 , if as a result of calls on the guarantee , the level of the guarantee fund falls below 50% of the target amount , the commission shall submit a report on exceptional measures that may be required to replenish it . in the case that such a report is drafted , under no circumstances may the budgets of horizon2020 and the connecting europe facility be further impacted by its contents .


### member states shall develop , update and disseminate , on a regular and structured basis , information on current and future investment projects in their territory . ### member states and regional and local authorities shall develop , update and disseminate , on a regular and structured basis , information on current and future investment projects in their territory .


### the eib shall notify olaf promptly and provide it with the necessary information when , at any stage of the preparation , implementation or closure of operations subject to the eu guarantee , it has grounds to suspect that there is a potential case of fraud , corruption , money laundering or other illegal activity that may affect the financial interests of the union . ### the eib shall notify olaf promptly and provide it with the necessary information when , at any stage of the preparation , implementation or closure of operations subject to the eu guarantee , it has grounds to suspect that there is a potential case of conflict of interests , fraud , corruption , money laundering or other illegal activity that may affect the financial interests of the union .


### the discriminatory practices that this regulation seeks to address typically take place through general terms , conditions and other information set and applied by or on behalf of the trader concerned , as a precondition for obtaining access to the goods or services in question , and that are made available to the public at large . such general conditions of access include inter alia prices , payment conditions and delivery conditions . they can be made available to the public at large by or on behalf of the trader through various means , such as information published in advertisements , on websites or pre - contractual or contractual documentation . such conditions apply in the absence of an individually negotiated agreement to the contrary entered into directly between the trader and the customer . terms and conditions that are individually negotiated between the trader and the customers should not be considered general conditions of access for the purposes of this regulation . ### the discriminatory practices that this regulation seeks to address typically take place through general terms , conditions and other information set and applied by or on behalf of the trader concerned , as a precondition for obtaining access to the goods or services in question , and that are made available to the public at large . such general conditions of access include inter alia prices , requirements based on telephone prefixes , payment conditions and delivery conditions . they can be made available to the public at large by or on behalf of the trader through various means , such as information published in advertisements or on websites , or may form part of pre - contractual or contractual information . such conditions apply in the absence of individually negotiated terms and conditions between the trader and the customer . terms and conditions that are individually negotiated between the trader and the customers should not be considered general conditions of access for the purposes of this regulation . however , the possibility of individually negotiating terms and conditions or agreeing individually upon additional rights or obligations should not result in geo - blocking or other unjustified forms of discrimination addressed by this regulation .


### in order to increase the possibility for customers to access information related to the sales of goods and the provision of services on the internal market and to increase transparency , including with respect to prices , traders should not , through the use of technological measures or otherwise , prevent customers from having full and equal access to online interfaces on the basis of their nationality , place of residence or place of establishment . such technological measures can encompass , in particular , any technologies used to determine the physical location of the customer , including the tracking of that by means of ip address , coordinates obtained through a global navigation satellite system or data related to a payment transaction . however , that prohibition of discrimination with respect to access to online interfaces should not be understood as creating an obligation for the trader to engage in commercial transactions with customers . ### in order to increase the possibility for customers to access information related to the sales of goods and the provision of services within the internal market and to increase transparency , including with respect to prices but not limited to them , traders or any other parties acting on their behalf , including intermediaries , online marketplaces and operators of online interfaces for the purposes of access , should not , through the use of technological measures or otherwise , prevent customers from having full and equal access to online interfaces on the basis of their nationality , place of residence or temporary location , or place of establishment . full and equal access to online interfaces in the form of a mobile application includes the possibility for the customer to download and access any version of the mobile application a trader may operate in one or more member states . technological measures that prevent such access can encompass , but not be limited to , in particular , any technologies used to determine the physical location of the customer , including the tracking of that location by means of ip address , surfing history and / or patterns , gsm tracking or localisation , coordinates obtained through a global navigation satellite system or data related to a payment transaction . however , that prohibition of discrimination with respect to access to online interfaces should not be understood as creating an obligation for the trader to engage in commercial transactions with customers .


### finally , in the situation where the trader provides services and those services are received by the customer in the premises of or at a location chosen by the trader and different from the member state of which the customer is a national or in which the customer has his or her place of residence or place of establishment , the application of different general conditions of access for reasons related to such criteria should not be justified either . those situations concern , as the case may be , the provision of services such as hotel accommodation , sport events , car rental , and entry tickets to music festivals or leisure parks . in those situations , the trader does not have to register for vat in another member state nor arrange for cross - border delivery of goods . ### finally , in the situation where the trader provides services and those services are received by the customer in the premises of or a physical location , such as the premises of the trader or other specific location where the trader offer the provision of his or her services within the territory of a member state where the trader operates , the application of different general conditions of access for reasons related to the nationality or the place of residence or temporary location , or place of establishment of the customer , should not be justified either . those situations concern the provision of services , different from electronically supplied services , such as hotel accommodation , sport events , car rental , and entry tickets to music festivals or leisure parks . in those situations , the trader does not have to register for vat in another member state nor arrange for cross - border delivery of goods .


### traders falling under the special scheme provided in chapter 1 of title xii of council directive 2006 / 112 / ec27 are not required to pay vat . for those traders , when providing electronically supplied services , the prohibition of applying different general conditions of access for reasons related to the nationality , place of residence or place of establishment of the customer would imply a requirement to register in order to account for vat of other member states and might entail additional costs , which would be a disproportionate burden , considering the size and characteristics of the traders concerned . therefore , those traders should be exempted from that prohibition for such time as such a scheme is applicable . __________________ 27 council directive 2006 / 112 / ec of 28 november 2006 on the common system of value added tax ### traders falling under the special scheme provided in chapter 1 of title xii of council directive 2006 / 112 / ec are not required to pay vat in the member state where they are established . for those traders , when providing electronically supplied services , the prohibition of applying different general conditions of access for reasons related to the nationality , place of residence or place of establishment of the customer would imply a requirement to register in order to account for vat of other member states and might entail additional costs , which would be a disproportionate burden , considering the size and characteristics of the traders concerned . therefore , those traders should be exempted from that prohibition for such time as such a scheme is applicable . __________________ 27 council directive 2006 / 112 / ec of 28 november 2006 on the common system of value added tax


### directive 2015 / 2366 / eu of the european parliament and of the council28 introduced strict security requirements for the initiation and processing of electronic payments , which reduced the risk of fraud for all new and more traditional means of payment , especially online payments . payment service providers are obliged to apply so - called strong customer authentication , an authentication process that validates the identity of the user of a payment service or of the payment transaction . for remote transactions , such as online payments , the security requirements go even further , requiring a dynamic link to the amount of the transaction and the account of the payee , to further protect the user by minimising the risks in case of mistakes or fraudulent attacks . as a result of these provisions , the risk of payment fraud in national and cross - border purchases is brought to an equal level and should not be used as an argument to refuse or discriminate any commercial transactions within the union . __________________ 28 directive 2015 / 2366 of the european parliament and of the council of 25 november 2015 on payment services in the internal market , amending directives 2002 / 65 / ec , 2009 / 110 / ec and 2013 / 36 / eu and regulation no 1093 / 2010 , and repealing directive 2007 / 64 / ec . ### directive 2015 / 2366 / eu of the european parliament and of the council28 introduced strict security requirements for the initiation and processing of electronic payments , which reduced the risk of fraud for all new and more traditional means of payment , especially online payments . payment service providers are obliged to apply so - called strong customer authentication , an authentication process that validates the identity of the user of a payment service or of the payment transaction . for remote transactions , such as online payments , the security requirements go even further , requiring a dynamic link to the amount of the transaction and the account of the payee , to further protect the user by minimising the risks in case of mistakes or fraudulent attacks . as a result of these provisions , the risk of payment fraud in national and cross - border purchases is brought to an equal level and should not be used as an argument to refuse or discriminate any commercial transactions within the union . however , in situations where there are no other means available to the trader to reduce the risk of default by the customer , including in particular difficulties related to assessing the creditworthiness of the customer , traders should be allowed to withhold the goods or the service until they receive a confirmation that the payment transaction was properly initiated . different treatment , however , should be based only on objective and well justified reasons . __________________ 28 directive 2015 / 2366 of the european parliament and of the council of 25 november 2015 on payment services in the internal market , amending directives 2002 / 65 / ec , 2009 / 110 / ec and 2013 / 36 / eu and regulation no 1093 / 2010 , and repealing directive 2007 / 64 / ec .


### traders shall not , for reasons related to the nationality , place of residence or place of establishment of the customer , redirect customers to a version of their online interface that is different from the online interface which the customer originally sought to access , by virtue of its layout , use of language or other characteristics that make it specific to customers with a particular nationality , place of residence or place establishment , unless the customer gives his or her explicit consent prior to such redirection . ### traders shall not , for reasons related to the nationality , place of residence or place of establishment of the customer , redirect customers to a version of their online interface that is different from the online interface which the customer first sought to access , by virtue of its layout , use of language or other characteristics that make it specific to customers with a particular nationality , place of residence or place establishment , unless the customer gives his or her explicit consent prior to such redirection .


### traders shall not , for reasons related to the nationality , place of residence or place of establishment of the customer , redirect customers to a version of their online interface that is different from the online interface which the customer originally sought to access , by virtue of its layout , use of language or other characteristics that make it specific to customers with a particular nationality , place of residence or place establishment , unless the customer gives his or her explicit consent prior to such redirection . ### traders shall not , for reasons related to the nationality , place of residence or temporary location , or place of establishment of the customer , redirect customers to a version of their online interface that is different from the online interface to which the customer first sought access , by virtue of its layout , use of language or other characteristics that make it specific to customers with a particular nationality , place of residence or temporary location , or place of establishment , unless the customer has given his or her explicit consent to such redirection .


### in the event of such redirection with the customer ' s explicit consent , the original version of the online interface shall remain easily accessible for that customer . ### in the event of such redirection with the customer ' s explicit consent , the version of the online interface to which the customer first sought access , shall remain easily accessible for that customer .


### agreements imposing on traders obligations , in respect of passive sales , to act in violation of this regulation shall be automatically void . ### contractual provisions imposing on traders obligations , in respect of passive sales within the meaning of commission regulation no 330 / 2010 , to act in violation of this regulation shall be automatically null and void .


### agreements imposing on traders obligations , in respect of passive sales , to act in violation of this regulation shall be automatically void . ### provisions of agreements imposing on traders obligations , in respect of passive sales within the meaning of regulation no 330 / 2010 , to act in violation of this regulation shall be automatically null and void .


### by [ date : two years after the entry into force of this regulation ] and every five years thereafter , the commission shall report on the evaluation of this regulation to the european parliament , the council and the european economic and social committee . that report shall , where necessary , be accompanied by a proposal for an amendment of this regulation , in light of legal , technical and economic developments . ### by [ date : two years after the entry into force of this regulation ] , as required thereafter and at the latest every four years thereafter , the commission shall assess the application of this regulation in light of legal , technical and economic developments , and shall submit a respective report to the european parliament , the council and the european economic and social committee . that report shall , if appropriate , be accompanied by a legislative proposal to review the current regulation . the report referred to in the first paragraph shall include an assessment on possibly extending the scope of this regulation , notably on extending the prohibition of article 4 to electronically supplied services , the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter as well as to other sectors , such as music , e - books , games and / or software . furthermore , the report shall pay special attention to potential economic effects on smes and start - ups , the effectiveness of national enforcement measures referred to in article 7 of this regulation as well as focus on the use and protection of personal data .


### in the context of the evolving migratory challenges characterised by the need to support strong reception , asylum , integration and migration systems of member states , prevent and adequately handle situations of pressure and replace irregular and unsafe arrivals with legal and safe pathways , investing in efficient and coordinated migration management in the union is key to realising the union ' s objective of constituting an area of freedom , security and justice pursuant to article 67 of the treaty on the functioning of the european union . ### in the context of the evolving migratory challenges characterised by the need to support strong reception , asylum , integration and migration systems of member states , prevent and adequately handle in solidarity situations of pressure and replace irregular and unsafe arrivals with legal and safe pathways , investing in efficient and coordinated migration management in the union is key to realising the union ' s objective of constituting an area of freedom , security and justice pursuant to article&#160 ; 67 of the treaty on the functioning of the european union .


### the fund should support the efficient management of migration flows , inter alia by promoting common measures in the area of asylum , including member states’ efforts in receiving persons in need of international protection through resettlement and the transfer of applicants for or beneficiaries of international protection between member states , supporting integration strategies and a more effective legal migration policy , so as to ensure the union’s long - term competitiveness and the future of its social model and reduce incentives for irregular migration through a sustainable return and readmission policy . the fund should support the strengthening of cooperation with third countries to reinforce management of flows of persons applying for asylum or other forms of international protection , avenues on legal migration and to counter irregular migration and ensure sustainability of return and effective readmission to third countries . ### the fund should help member states demonstrate their solidarity with one another and support the efficient management of migration flows , inter alia by promoting common measures in the area of asylum , including member states’ efforts in receiving persons in need of international protection through resettlement and the transfer of applicants for or beneficiaries of international protection between member states , supporting integration strategies and a more effective legal migration policy , so as to ensure the union’s long - term competitiveness and the future of its social model and reduce incentives for irregular migration through a sustainable return and readmission policy . the fund should support the strengthening of cooperation with third countries to build up their reception capacity and reinforce management of flows of persons applying for asylum or other forms of international protection , avenues on legal migration and to counter irregular migration and ensure sustainability of return and effective readmission and reintegration to third countries with full respect for returnees ' fundamental rights and dignity .


### the fund should also complement and reinforce the activities undertaken by the european union agency for asylum established by regulation . . / . . [ euaa regulation ] 14with a view to facilitating and improving the functioning of the common european asylum system , by coordinating and strengthening practical cooperation and information exchange between member states , promoting union law and operational standards on asylum in order to ensure a high degree of uniformity based on high protection standards as regards procedures for international protection , reception conditions and the assessment of protection needs across the union , enabling a sustainable and fair distribution of applications for international protection , facilitate convergence in the assessment of applications for international protection across the union , support the resettlement efforts of the member states and provide operational and technical assistance to member states for the management of their asylum and reception systems , in particular those whose systems are subject to disproportionate pressure . _________________ 14 regulation no . . / . . of the european parliament and of the council of [ euaa regulation ] . ### the fund should also complement and reinforce the activities undertaken by the european union agency for asylum established by regulation . . / . . [ euaa regulation ] 14 with a view to facilitating and improving the functioning of the common european asylum system , by coordinating and strengthening practical cooperation and information exchange between member states , promoting union law and operational standards on asylum in order to ensure a high degree of uniformity based on high protection standards as regards procedures for international protection , reception conditions and the assessment of protection needs across the union , enabling a sustainable and fair distribution of applications for international protection among the member states , facilitate convergence in the assessment of applications for international protection across the union , support the resettlement efforts of the member states and provide operational and technical assistance to member states for the management of their asylum and reception systems , in particular those whose systems are subject to disproportionate pressure . _________________ 14 regulation no . . / . . of the european parliament and of the council of [ euaa regulation ] .


### synergies , consistency and efficiency should be sought with other union funds and overlap between actions should be avoided . ### synergies , consistency , complementarity and efficiency should be sought with other union funds and any overlap or contradiction between actions should be avoided .


### funding from the union budget should concentrate on activities where union intervention can bring added value compared to action undertaken by member states alone . financial support provided under this regulation should contribute , in particular , to strengthening national and union capabilities in the areas of asylum and migration . ### funding from the union budget should concentrate on activities where union intervention can bring added value compared to action undertaken by member states alone . financial support provided under this regulation should contribute , in particular , to member state solidarity on asylum and strengthening national and union capabilities in the areas of asylum and migration .


### to contribute to the achievement of the policy objective of the fund , member states should ensure that their programmes include actions addressing the specific objectives of this regulation , that the priorities chosen are in line with the implementation measures as set out in annex ii and that the allocation of resources between the objectives ensures that the overall policy objective can be met . ### to contribute to the achievement of the policy objective of the fund , member states should ensure that their programmes contribute to achieving the specific objectives of this regulation and that the priorities chosen are in line with the implementation measures as set out in annex ii . member states should ensure that how resources for the various objectives of the fund are shared is in proportion to the challenges and needs in order to ensure that the objectives can be achieved . to this end , each objective should be assigned a minimum level of resources .


### to complement the implementation of the policy objective of this fund at national level through member states’ programmes , the fund should also provide support for actions at union level . such actions should serve overall strategic purposes within the scope of intervention of the fund relating to policy analysis and innovation , transnational mutual learning and partnerships and the testing of new initiatives and actions across the union . ### to complement the implementation of the policy objective of this fund at national level through member states’ programmes , the fund should also provide support for actions at union level . such actions should serve overall strategic purposes within the scope of intervention of the fund relating to policy analysis and innovation , transnational mutual learning and partnerships , the work done by diaspora communities and the intermediary role they can play in this regard , and the testing of new initiatives and actions across the union .


### in accordance with the financial regulation21 , regulation no 883 / 2013 of the european parliament and of the council22 , council regulation no 2988 / 9523 , council regulation no 2185 / 9624and council regulation 2017 / 193925 , the financial interests of the union are to be protected through proportionate measures , including the prevention , detection , correction and investigation of irregularities and fraud , the recovery of funds lost , wrongly paid or incorrectly used and , where appropriate , the imposition of administrative sanctions . in particular , in accordance with regulation no 883 / 2013 and regulation no 2185 / 96 , the european anti - fraud office may carry out administrative investigations , including on - the - spot checks and inspections , with a view to establishing whether there has been fraud , corruption or any other criminal offences affecting the financial interests of the union . in accordance with regulation 2017 / 1939 , the european public prosecutor’s office may investigate and prosecute fraud and other illegal activities affecting the financial interests of the union as provided for in directive 2017 / 1371 of the european parliament and of the council26 . in accordance with the financial regulation , any person or entity receiving union funds is to cooperate fully in the protection of the union’s financial interests to grant the necessary rights and access to the commission , olaf and the european court of auditors and to ensure that any third parties involved in the implementation of union funds grant equivalent rights . _________________ 21 oj c , , p . . 22 oj c , , p . . 23 council regulation no 2988 / 95 of 18 december 1995 on the protection of the european communities’ financial interests . 24 oj c , , p . . 25 council regulation 2017 / 1371 of 12 october 2017 implementing enhanced cooperation on the establishment of the european public prosecutor’s office . 26 directive 2017 / 1371 of the european parliament and of the council of 5 july 2017 on the fight against fraud to the union’s financial interests by means of criminal law . ### in accordance with the financial regulation21 , regulation no 883 / 2013 of the european parliament and of the council22 , council regulation no 2988 / 9523 , council regulation no 2185 / 9624 and council regulation 2017 / 193925 , the financial interests of the union are to be protected through proportionate measures , including the prevention , detection , correction and investigation of irregularities and fraud , the recovery of funds lost , wrongly paid or incorrectly used and , where appropriate , the imposition of administrative and / or criminal sanctions . in particular , in accordance with regulation no 883 / 2013 and regulation no 2185 / 96 , the european anti - fraud office may carry out administrative investigations , including on - the - spot checks and inspections , with a view to establishing whether there has been fraud , corruption or any other criminal offences affecting the financial interests of the union . in accordance with regulation 2017 / 1939 , the european public prosecutor’s office may investigate and prosecute fraud and other illegal activities affecting the financial interests of the union as provided for in directive 2017 / 1371 of the european parliament and of the council26 . in accordance with the financial regulation , any person or entity receiving union funds is to cooperate fully in the protection of the union’s financial interests to grant the necessary rights and access to the commission , olaf and the european court of auditors and to ensure that any third parties involved in the implementation of union funds grant equivalent rights . member states are to cooperate fully and give all the necessary assistance to the union’s institutions , agencies and bodies in order to protect the union’s financial interests . _________________ 21 oj c , , p . . 22 oj c , , p . . 23 council regulation no 2988 / 95 of 18 december 1995 on the protection of the european communities ' financial interests . 24 oj c , , p . . 25 council regulation 2017 / 1371 of 12 october 2017 implementing enhanced cooperation on the establishment of the european public prosecutor’s office . 26 directive 2017 / 1371 of the european parliament and of the council of 5 july 2017 on the fight against fraud to the union ' s financial interests by means of criminal law .


### 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 on the functioning of the european union should be delegated to the commission in respect of the list of actions eligible for higher co - financing as listed in annex iv , operating support and in order to develop further the common monitoring and evaluation framework . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that these consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law making of 13 april 2016 . ### 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 on the functioning of the european union should be delegated to the commission in respect of the list of actions eligible for higher co - financing as listed in annex iv , the operating support provided for in annex vii and in order to develop further the common monitoring and evaluation framework . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that these consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law making of 13 april 2016 .


### since the objective of this regulation , namely to contribute to an effective management of migration flows in the union , in accordance with the common policy on asylum and international protection and the common immigration policy , cannot be sufficiently achieved by the member states acting alone and can be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve that objective . ### since the objectives of this regulation , namely to boost solidarity between member states and contribute to an effective management of migration flows in the union , in accordance with the common policy on asylum and international protection and the common immigration policy , cannot be sufficiently achieved by the member states acting alone and can be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve that objective .


### the policy objective of the fund shall be to contribute to an efficient management of migration flows in line with the relevant union acquis and in compliance with the union ' s commitments on fundamental rights . ### the policy objective of the fund shall be to contribute to solidarity and the equitable sharing of responsibilities between member states and to an efficient management of migration flows in line with the relevant union acquis and in compliance with the charter of fundamental rights and the union ' s commitments on fundamental rights .


### whenever a member state decides to implement projects with or in a third country with the support of the fund , the member state concerned shall consult the commission prior to the start of the project . ### whenever a member state decides to implement projects with or in a third country with the support of the fund , the member state concerned shall request the approval of the commission prior to the start of the project . before giving its approval , the commission shall ensure the complementarity and coherence of the planned projects with other eu and member state actions taken vis - à - vis the third country concerned . the commission shall also verify the conformity of the planned projects with the requirements concerning fundamental rights set out in article 3 .


### whenever a member state decides to implement projects with or in a third country with the support of the fund , the member state concerned shall consult the commission prior to the start of the project . ### whenever a member state decides to implement projects with a third country with the support of the fund , the member state concerned shall consult the commission prior to the start of the project .


### specific actions are transnational or national projects in line with the objectives of this regulation for which one , several or all member states may receive an additional allocation to their programmes . ### specific actions are transnational or national projects delivering added value for the eu and in line with the objectives of this regulation for which one , several or all member states may receive an additional allocation to their programmes .


### the commission shall implement information and communication actions relating to the fund and its actions and results . financial resources allocated to the fund shall also contribute to the corporate communication on the political priorities of the union , as far as they are related to the objectives of this regulation . ### the commission shall , for the benefit of the public , implement information and communication actions relating , in particular , to the fund and its actions and results . financial resources allocated to the fund shall also contribute to the corporate communication on the political priorities of the union , as far as they are related to the objectives of this regulation .


### the mid - term and the retrospective evaluation shall be carried out in a timely manner to feed into the decision - making process . ### the mid - term and the retrospective evaluation shall be carried out in a timely manner to feed into the decision - making process . these evaluations shall be submitted to the european parliament forthwith .


### the complementarity between the actions supported by the fund and support provided by other union funds , in particular those in or in relation to third countries ; ### the complementarity and coherence between the actions supported by the fund and support provided by other union funds , in particular those in or in relation to third countries ;


### contribution of the programme to the implementation of the relevant union acquis and action plans ; ### contribution of the programme to the implementation of the relevant union acquis and action plans and to cooperation and solidarity between member states in the field of asylum ;


### for initial allocation the reference figures shall be the latest annual statistical data produced by the commission covering the preceding three calendar years on the basis of data provided by member states on the date of the applicability of this regulation in accordance with union law . for the mid - term review , the reference figures shall be the latest annual statistical data produced by the commission covering the preceding three calendar years available at the time of the mid - term review in 2024 on the basis of data provided by member states in accordance with union law . where member states have not supplied the commission with the statistics concerned , they shall provide provisional data as soon as possible . ### for initial allocation the reference figures shall be the latest annual statistical data produced by the commission covering the preceding three calendar years on the basis of data provided by member states on the date of the applicability of this regulation in accordance with union law . data on children in migration should be disaggregated by age and sex , by specific vulnerabilities and by asylum status . for the mid - term review , the reference figures shall be the latest annual statistical data produced by the commission covering the preceding three calendar years available at the time of the mid - term review in 2024 on the basis of data provided by member states in accordance with union law . where member states have not supplied the commission with the statistics concerned , they shall provide provisional data as soon as possible .


### enhancing solidarity and cooperation with third countries affected by migratory flows , including through resettlement and other legal avenues to protection in the union as well as partnership and cooperation with third countries for the purpose of managing migration . ### enhancing solidarity and cooperation with third countries affected by migratory flows , including through resettlement and other legal avenues with prioritisation of vulnerable groups such as children and adolescents facing protection risks in the union as well as partnership and cooperation with third countries for the purpose of managing migration .


### the development , monitoring and evaluation of policies and procedures including on collection and exchange of information and data , development and application of common statistical tools , methods and indicators for measuring progress and assessing policy developments ; ### the development , monitoring and evaluation of policies and procedures with a specific focus on child safeguarding policies , including on collection and exchange of disaggregated information and data , development and application of common statistical tools , methods and indicators for measuring progress and assessing policy developments ;


### identifying applicants with special procedural or reception needs ; ### identifying applicants with special procedural or reception needs ; in particular , child applicants by providing them with specialised support immediately upon arrival ;


### enhancing the capacity of member states to collect , analyse and disseminate country of origin information ; ### enhancing the capacity of member states to collect , analyse and share among themselves country of origin information ;


### infrastructure for reception or detention , including the possible joint use of such facilities by more than one member state ; ### infrastructure for reception or detention , including the possible joint use of such facilities by more than one member state ; detention for children shall be used as a measure of last resort in line with existing eu law , for the shortest time possible and never in prison accommodation ;


### introduction , development and improvement of effective alternative measures to detention , in particular in relation to unaccompanied minors and families ; ### introduction , development and improvement of effective alternative measures to detention , in particular in relation to unaccompanied children and families ;


### return assistance , in particular assisted voluntary return and information about assisted voluntary return programmes ; ### return assistance and child rights - based compliant mechanisms , in particular assisted voluntary return and information about assisted voluntary return programmes , including by providing specific guidance for children in returns procedures ;


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


### - ensure equal treatment and non - discrimination between producers of products and with regards to small and medium enterprises . ### - ensure equal treatment and non - discrimination between producers of products and waste and recycling operators and with regards to small and medium enterprises .


### the commission shall review the data reported in accordance with this article and publish a report on the results of its review . the report shall assess the organisation of the data collection , the sources of data and the methodology used in member states as well as the completeness , reliability , timeliness and consistency of that data . the assessment may include specific recommendations for improvement . the report shall be drawn up every three years . ### the commission shall review the data reported in accordance with this article and publish a report on the results of its review . the report shall assess the organisation of the data collection , the sources of data and the methodology used in member states as well as the completeness , reliability , timeliness and consistency of that data and the availability of open data . the assessment may include specific recommendations for improvement . the report shall be drawn up nine months after the first reporting of the data by the member states and every three years thereafter .


### the commission shall adopt implementing acts laying down the format for reporting data in accordance with paragraphs 1 and 2 and for the reporting on backfilling operations . those implementing acts shall be adopted in accordance with the procedure referred to in article 39 . ### the commission shall adopt implementing acts laying down the format for reporting data in accordance with paragraphs 1 and 2 and for the reporting on backfilling operations that support the re - use of data and open data objectives . those implementing acts shall be adopted in accordance with the procedure referred to in article 39 .


### the instrument should support measures in the territory of the schengen countries that are linked to border control as part of the development of a common integrated border management system , which strengthens the overall functioning of the schengen area . ### the instrument should support measures linked to border control in the territory of the schengen countries as part of the development of a common integrated border management system , which strengthens the overall functioning of the schengen area .


### as part of the integrated border management fund , the policy objective of the instrument shall be ensuring strong and effective european integrated border management at the external borders while safeguarding the free movement of persons within it , in full compliance with the union ' s commitments on fundamental rights , thereby contributing to guaranteeing a high level of security in the union . ### as part of the integrated border management fund , the policy objective of the instrument shall be ensuring strong and effective european integrated border management at the external borders while safeguarding the free movement of persons within it , thereby contributing to guaranteeing a high level of security&#160 ; in the union , &#160 ; in full compliance with the union ' s acquis and obligations of the union and its member states arising from international instruments to which they are signatory .


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


### in 2024 the commission shall allocate to the programmes of member states concerned the additional amount referred to in article 10 in accordance with the criteria referred to in paragraph 1 of and in paragraphs 2 to 11 of annex i . the allocation shall be based on the latest available statistical data for the criteria referred to in paragraph 1 and in paragraphs 2 to 11 of annex i . funding shall be effective for the period as of the calendar year 2025 . ### following a mid - term review , to be&#160 ; presented&#160 ; by april&#160 ; 2024 , the commission shall allocate to the programmes of member states concerned the additional amount referred to in article 10 in accordance with the criteria referred to in paragraph 1 of and in paragraphs 2 to 11 of annex i . the allocation shall be based on the latest available statistical data for the criteria referred to in paragraph 1 and in paragraphs 2 to 11 of annex i . funding shall be effective for the period as of the calendar year 2025 .


### the objective of this regulation is to ensure better coordination and optimise utilisation of liaison officers deployed to third countries by member states , the commission and union agencies in order to respond more effectively to the eu priorities of preventing and combatting illegal immigration and related cross - border criminality such as smuggling of migrants and trafficking in human beings , facilitating return , readmission and reintegration activities , contributing to integrated management of union ' s external borders , as well as supporting management of legal immigration , including in the area of international protection , resettlement and pre - departure integration measures undertaken by member states and union . ### the objective of this regulation is to ensure better coordination and optimise utilisation of the various areas of expertise of liaison officers deployed to third countries by member states , the commission and union agencies in order to respond more effectively to the eu priorities of preventing irregular immigration , combating related cross - border criminality such as smuggling of migrants and trafficking in human beings , facilitating return , readmission and reintegration activities , contributing to integrated management of the union ' s external borders , and supporting management of legal immigration , including in the area of international protection , resettlement and pre - departure integration measures undertaken by member states and the union .


### building on council regulation no 377 / 2004 , this regulation aims to ensure that immigration liaison officers better contribute to the functioning of a european network of immigration liaison officers primarily by establishing a mechanism through which member states , the commission and union agencies can more systematically coordinate tasks and roles of their liaison officers . ### building on council regulation no 377 / 2004 , this regulation aims to ensure that immigration liaison officers contribute to the functioning of a european network of immigration liaison officers primarily by establishing a mechanism through which member states , the commission and union agencies can more systematically coordinate tasks and roles of their liaison officers .


### since the objectives of this regulation , which are to optimise utilisation of immigration liaison officers deployed by member states , commission and eu agencies to third countries in order to more effectively implement union priorities regarding preventing and combatting illegal immigration , facilitating return , readmission and reintegration , contributing to integrated management of union’s external borders , as well as supporting management of legal immigration or international protection schemes , cannot be sufficiently achieved by the member states alone but are better achieved through coordination at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve those objectives . ### since the objectives of this regulation , which are to optimise utilisation of the different skills of immigration liaison officers deployed by member states , commission and eu agencies to third countries in order to more effectively implement union priorities regarding preventing irregular immigration , facilitating return , readmission and reintegration , contributing to integrated management of union’s external borders and supporting management of legal immigration or international protection schemes , cannot be sufficiently achieved by the member states alone but are better achieved through coordination at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality as set out in that article , this regulation does not go beyond what is necessary to achieve those objectives .


### immigration liaison officers may render assistance in : ### immigration liaison officers may render assistance , within the limits of their expertise and training , in :


### confirming identity and facilitating the resettlement of persons in need of international protection in the union ; ### confirming identity and facilitating the resettlement of persons in need of international protection , particularly vulnerable groups such as non - accompanied children , in the union ;


### member states may also agree that their immigration liaison officers shall share certain tasks among each other . ### member states may also agree that their immigration liaison officers shall share certain tasks among each other , on the basis of their liason officers ' expertise and specialist training .


### support the development of capability of immigration liaison officers , including through developing common core curricula , pre - deployment training and the organisation of joint seminars on subjects as referred to in article 3 ; ### support the development of capability of immigration liaison officers , including through developing common core curricula , in cooperation with the european union agency for asylum and the european border and coast guard agency so as to avoid any duplication with training provided by these agencies , providing pre - deployment training and organising joint seminars on subjects as referred to in article 3 ;


### the consultation on the european pillar of social rights showed the need to strengthen enforcement of union labour law to ensure its effectiveness . as regards directive 91 / 533 / eec , the refit evaluation41 confirmed that strengthened enforcement mechanisms could improve its effectiveness . it showed that redress systems based solely on claims for damages are less effective than systems that also provide for sanctions for employers who fail to issue written statements . it also showed that employees rarely seek redress during the employment relationship , which jeopardises the goal of the provision of the written statement to ensure workers are informed about their essential features of their employment relationship . it is therefore necessary to introduce enforcement provisions which ensure the use either of favourable presumptions where information about the employment relationship is not provided , or of an administrative procedure under which the employer may be required to provide the missing information and subject to sanction if it does not . that redress should be subject to a procedure by which the employer is notified that information is missing and has 15 days in which to supply complete and correct information . __________________ 41 swd205 final , page 26 . ### the consultation on the european pillar of social rights showed the need to strengthen enforcement of union labour law to ensure its effectiveness . the evaluation of directive 91 / 533 / eec conducted under the commission´s regulatory fitness and performance programme , refit41 , confirmed that strengthened enforcement mechanisms could improve the effectiveness of union labour law . it showed that redress systems based solely on claims for damages are less effective than systems that also provide for sanctions for employers who fail to issue written statements . it also showed that employees rarely seek redress during the employment relationship , which jeopardises the goal of the provision of the written statement , which is to ensure that workers are informed about their essential features of their employment relationship . it is therefore necessary to introduce enforcement provisions which ensure the use of favourable presumptions where information about the employment relationship is not provided , and / or of a procedure under which the employer may be required to provide the missing information and may be subject to sanction if the employer does not do so . such favourable presumptions could include a presumption that the worker has an open - ended employment relationship , that there is no probationary period or that the worker has a full - time position , where the respective information is missing . that redress should be subject to a procedure by which the employer is notified by the worker or by a third party such as worker´s representatives or other competent entity or authority , that information is missing and has 15 days in which to supply complete and correct information . __________________ 41 swd205 final , page 26 .


### the information referred to in article 3 shall be provided individually to the worker in the form of a document at the latest on the first day of the employment relationship . that document may be provided and transmitted electronically as long as it is easily accessible by the worker and can be stored and printed . ### the information referred to in article 3 shall be provided individually to the worker in the form of one or more documents at the latest within one calendar week from the first working day . the other information referred to in article 3 shall be provided individually to the worker in the form of a document within one month from the first working day .


### each member state shall ensure that the conduct referred to in articles 3 and 4 shall be punishable by effective , proportionate and dissuasive criminal penalties . ### each member state shall ensure that the conduct referred to in articles 3 and 4 shall be punishable by effective , proportionate and dissuasive criminal penalties , with strict respect for fundamental rights and the general principles of the criminal law which protect the rights of defence and of the accused .


### each member state shall ensure that a legal person held liable for offences pursuant to article 6 shall be punishable by effective , proportionate and dissuasive sanctions , which shall include criminal or non - criminal fines and may include other sanctions , such as : ### each member state shall ensure that a legal person held liable for offences pursuant to article 6 shall be punishable by effective , proportionate and dissuasive sanctions , which shall include criminal or non - criminal fines and may include other sanctions , with strict respect for fundamental rights and the general principles of the criminal law which protect the rights of defence and of the accused , such as :


### each member state shall ensure that a legal person held liable for offences pursuant to article 6 shall be punishable by effective , proportionate and dissuasive sanctions , which shall include criminal or non - criminal fines and may include other sanctions , such as : ### each member state shall ensure that a legal person held liable for offences pursuant to article 6 shall be punishable by effective , proportionate and dissuasive sanctions , which shall include criminal or non - criminal fines and may include other sanctions , with strict respect for fundamental rights and the general principles of criminal law which protect the rights of defence and of the accused , such as :


### novel foods are subject to the general labelling requirements laid down in regulation no 1169 / 2011 of the european parliament and of the council on the provision of food information to consumers and other relevant labelling requirements in union food law . in certain cases it may be necessary to provide for additional labelling information , in particular regarding the description of the food , its source or its conditions of use to ensure that consumers are sufficiently informed of the nature of the novel food . ### novel foods are subject to the general labelling requirements laid down in regulation no 1169 / 2011 of the european parliament and of the council on the provision of food information to consumers and other relevant labelling requirements in union food law . additional labelling information should be included , in particular regarding the description of the food , its origin , its composition and its conditions of use to ensure that consumers are sufficiently informed of the nature of the novel food , including those coming from third countries . therefore , when a novel food is included in the union list or in the list of traditional foods from third countries , specific conditions of use or labelling requirements may be imposed , which might , inter alia , relate to any specific characteristic or food property , such as composition , nutritional value or nutritional effects and intended use of the food , or to ethical considerations or implications for the health of specific groups of the population . it is appropriate to lay down in this regulation specific labelling requirements in respect of food ingredients present in the form of engineered nanomaterials which fall within the scope of this regulation .


### its use does not mislead the consumer ; ### its intended use , presentation and labelling do not mislead the consumer , especially when there is a significant change in the nutritional value of a food intended to replace another food ;


### additional specific labelling requirements to inform the final consumer of any specific characteristic or food property , such as the composition , nutritional value or nutritional effects and intended use of the food , which renders a novel food no longer equivalent to an existing food or of implications for the health of specific groups of the population ; ### additional specific labelling requirements to inform the final consumer of any specific characteristic or food property and ensure its traceability , such as the composition , provenance , nutritional value or nutritional effects and intended use of the food , which renders a novel food no longer equivalent to an existing food or of implications for the health of specific groups of the population ;


### the name and a description of the traditional food ; ### the name and a description of the traditional food and an explanation of the intended use ;


### its country of origin ; ### its country / countries of origin ;


### whether the composition of the food and the conditions of its use , do not pose a safety risk to human health in the union . ### whether the composition of the food and the conditions of its use , do not pose a safety risk to human health in the union and where applicable the environment .


### whether the composition of the food and the conditions of its use , do not pose a safety risk to human health in the union . ### whether the composition of the food and the conditions of its use , do not pose a safety risk to human health in the union and where applicable to the environment .