### by way of derogation from article 17 of regulation no 1224 / 2009 , the advance notification period laid down in that article shall be of at least one hour before the estimated time of arrival at port . ### by way of derogation from article 17 of regulation no 1224 / 2009 , the prior notification period laid down in that article shall be of at least one hour before the estimated time of arrival at port .


### the delegation of power referred to in articles 6 , 8 and 9 shall be conferred on the commission for an indeterminate period of time from the date of the entry into force of this regulation . ### the delegation of power referred to in articles 6 , 8 and 9 shall be conferred on the commission for a period of five years from 1 september 2015 . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### the administrative burden on small and medium sized enterprises should be as limited as possible taking into account to the extent possible other data sources than surveys . for the purpose of alleviating the burden on enterprises it should be possible to establish different data requirements depending on the size and importance of the business economies of member states . ### the administrative burden on businesses and in particular on small and medium sized enterprises should be as limited as possible taking into account to the extent possible other data sources than surveys . for the purpose of alleviating the burden on enterprises it should be possible to establish different data requirements depending on the size and importance of the business economies of member states .


### while maintaining the principle of providing business statistics on the entire economy , the data requirements should take into account to the extent possible , simplifying measures for alleviating the burden on business economies of member states which are relatively small , in accordance with the principle of proportionality . ### while maintaining the principle of providing business statistics on the entire economy , the data requirements should take into account to the extent possible , simplifying measures for alleviating the burden on business economies of member states which are relatively small , in accordance with the principle of proportionality . additional requirements should not pose a disproportionate administrative burden to respondents .


### in order to produce statistics on international trade in goods and to improve the quality of those statistics , the national statistical authorities of the member states concerned may exchange data received from their customs authorities related to the exports or imports of goods , in particular where those exports or imports involve the customs authorities of more than one member state . ### in order to produce statistics on international trade in goods and to improve the quality of those statistics , the national statistical authorities of the member states concerned shall exchange data received from their customs authorities related to the exports or imports of goods .


### it shall apply from 1 january 2019 . ### it shall apply from the first day following the year after entry into force of this regulation .


### however , articles 11 to 15 shall apply from 1 january 2020 . ### however , articles 11 to 15 shall apply from the first day following the second year after entry into force of this regulation .


### the public sector in the member states collects , produces , reproduces and disseminates a wide range of information in many areas of activity , such as social , economic , geographical , weather , tourist , business , patent and educational information . documents produced by public sector bodies of executive , legislative or judicial nature constitute a vast , diverse and valuable pool of resources that can benefit the knowledge economy . ### the public sector in the member states collects , produces , reproduces and disseminates a wide range of information in many areas of activity , such as social , political , economic , geographical , environmental , weather , tourist , business , patent and educational information . documents produced by public sector bodies of executive , legislative or judicial nature constitute a vast , diverse and valuable pool of resources that can benefit the knowledge economy .


### charges for the re - use of documents constitute an important market entry barrier for start - ups and smes . documents should therefore be made available for re - use without charges and , where charges are necessary , they should in principle be limited to the marginal costs . in exceptional cases , the necessity of not hindering the normal running of public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks should be taken into consideration . the role of public undertakings in a competitive economic environment should also be acknowledged . in such cases , public sector bodies and public undertakings should therefore be able to charge above marginal costs . those charges should be set according to objective , transparent and verifiable criteria and the total income from supplying and allowing re - use of documents should not exceed the cost of collection , production , reproduction and dissemination , together with a reasonable return on investment . where applicable , the costs of anonymisation of personal data or of commercially sensitive information should also be included in the eligible cost . the requirement to generate revenue to cover a substantial part of the public sector bodies’ costs relating to the performance of their public tasks or the scope of the services of general interest entrusted with public undertakings does not have to be a legal requirement and may stem , for example , from administrative practices in member states . such a requirement should be regularly reviewed by the member states . ### charges for the access to and re - use of documents constitute an important market entry barrier for start - ups and smes . documents should therefore be made available for access to and re - use without charges , or where charges are necessary , they should in principle be limited to the marginal costs . in exceptional cases , the necessity of not hindering the normal running of public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks should be taken into consideration . the role of public undertakings in a competitive economic environment should also be acknowledged . in such cases , public sector bodies and public undertakings should therefore be able to charge above marginal costs . those charges should be set according to objective , transparent and verifiable criteria and the total income from supplying and allowing re - use of documents should not exceed the cost of collection , production , reproduction and dissemination , together with a reasonable return on investment . where applicable , the costs of anonymisation of personal data or of commercially sensitive information should also be included in the eligible cost . the requirement to generate revenue to cover a substantial part of the public sector bodies’ costs relating to the performance of their public tasks or the scope of the services of general interest entrusted with public undertakings does not have to be a legal requirement and may stem , for example , from administrative practices in member states . such a requirement should be regularly reviewed by the member states .


### tools that help potential re - users to find documents available for re - use and the conditions for re - use can facilitate considerably the cross - border use of public sector documents . member states should therefore ensure that practical arrangements are in place that help re - users in their search for documents available for re - use . assets lists , accessible preferably online , of main documents , and portal sites that are linked to decentralised assets lists are examples of such practical arrangements . ### tools that help potential re - users to find documents available for access to and re - use and the conditions for re - use can facilitate considerably the cross - border use of public sector documents . member states should therefore ensure that practical arrangements are in place that help re - users in their search for documents available for re - use . such practical arrangements can include assets lists , accessible preferably online , of main documents , and portal sites that are linked to decentralised assets lists .


### the centre shall request the european chemicals agency and the european food safety authority to provide the information and data at their disposal on the new psychoactive substance . ### the centre shall request the european chemicals agency , the european centre for disease prevention and control , and the european food safety authority to provide the information and data at their disposal on the new psychoactive substance .


### the centre shall respect the conditions on use of the information , which are communicated to the centre , including conditions on information and data security and protection of confidential business information . ### the centre shall respect the conditions on use of the information , which are communicated to the centre , including conditions on access to documents , information and data security and protection of confidential business information .


### a network of competent member state authorities should be set up and facilitated by the european union agency for asylum to enhance practical cooperation and information sharing on all matters related to the application of this regulation , including the development of practical tools and guidance . ### a network of competent member state authorities should be set up and facilitated by the european union agency for asylum to enhance practical cooperation and information sharing on all matters related to the application of this regulation , including the development of practical tools and guidance . this network should be able to collaborate with the authorities of transit countries and countries of origin as well as with international organisations , in particular the united nations agencies and non - governmental organisations .


### in order to assess whether the corrective allocation mechanism in this regulation is meeting the objective of ensuring a fair sharing of responsibility between member states and of relieving disproportionate pressure on certain member states , the commission should review the functioning of the corrective allocation mechanism and in particular verify that the threshold for the triggering and cessation of the corrective allocation effectively ensures a fair sharing of responsibility between the member states and a swift access of applicants to procedures for granting international protection in situations when a member state is confronted with a disproportionate number of applications for international protection for which it is responsible under this regulation . ### in order to assess whether the corrective allocation mechanism in this regulation is meeting the objective of ensuring a fair sharing of responsibility between member states and of relieving disproportionate pressure on certain member states , the commission should review the functioning of the corrective allocation mechanism and in particular verify that the threshold for the triggering and cessation of the corrective allocation effectively ensures a fair sharing of responsibility between the member states and a swift access of applicants to procedures for granting international protection in situations when a member state is confronted with a disproportionate number of applications for international protection for which it is responsible under this regulation . in this regard , the commission should publish at regular intervals the number of applications for international protection received in each member state , including the positive response rate , the origin of the applicants and the processing time for each application .


### where necessary for the proper understanding of the applicant , the information shall also be supplied orally , for example in connection with the personal interview as referred to in article 7 . ### where necessary for the proper understanding of the applicant , the information shall also be supplied orally , for example in connection with the personal interview as referred to in article 7 . whenever the applicant is a minor , he or she shall be informed in a child - friendly manner .


### the best interests of the child shall be a primary consideration for member states with respect to all procedures provided for in this regulation . ### the best interests of the child shall be assessed on a systematic basis and shall be a primary consideration for member states with respect to all procedures provided for in this regulation .


### each member state where an unaccompanied minor is obliged to be present shall ensure that a representative represents and / or assists the unaccompanied minor with respect to the relevant procedures provided for in this regulation . the representative shall have the qualifications and expertise to ensure that the best interests of the minor are taken into consideration during the procedures carried out under this regulation . such representative shall have access to the content of the relevant documents in the applicant’s file including the specific leaflet for unaccompanied minors . ### each member state where an unaccompanied minor is obliged to be present shall ensure that a representative represents and / or assists the unaccompanied minor with respect to the relevant procedures provided for in this regulation . the representative shall have the qualifications and expertise to ensure that the best interests of the minor are taken into consideration during the procedures carried out under this regulation . such representative shall have access to the content of the relevant documents in the applicant’s file including the specific leaflet for unaccompanied minors . upon arrival , a well - trained guardian shall be appointed immediately .


### the staff of the competent authorities referred to in article 47 who deal with requests concerning unaccompanied minors shall have received , and shall continue to receive , appropriate training concerning the specific needs of minors . ### the staff of the competent authorities referred to in article 47 who deal with requests concerning unaccompanied minors shall have received , and shall continue to receive , appropriate training concerning the specific needs of minors . this includes modules on risk assessment to target care and protection depending on the individual needs of the child , with a specific focus on early identification of victims of trafficking and abuse , and training on good practices to prevent disappearance .


### evaluations have underlined that the variety of financial instruments delivered under the 2014 - 2020 multiannual financial framework period has led to some overlaps . that variety has also produced complexity for intermediaries and final recipients who were confronted with different eligibility and reporting rules . absence of compatible rules also hampered the combination of several union funds although such combination would have been beneficial to support projects in need of different types of funding . therefore , a single fund , the investeu fund , should be set up in order to achieve a more efficiently functioning support to final recipients by integrating and simplifying the financial offer under a single budgetary guarantee scheme , thereby improving the impact of union intervention while reducing the cost to the union budget . ### evaluations have underlined that the variety of financial instruments delivered under the 2014 - 2020 multiannual financial framework period has led to some overlaps . that variety has also produced complexity for intermediaries and final recipients who were confronted with different eligibility and reporting rules , thus acting as a further disincentive for investments . absence of compatible rules also hampered the combination of several union funds although such combination would have been beneficial to support projects in need of different types of funding . therefore , a single fund , the investeu fund , should be set up in order to achieve a more efficiently functioning support to final recipients by integrating and simplifying the financial offer under a single budgetary guarantee scheme , thereby improving the impact of union intervention while reducing the cost to the union budget .


### the union endorsed the objectives set out in the united nations agenda 2030 and its sustainable development goals and the paris agreement in 2015 as well as the sendai framework for disaster risk reduction 2015 - 2030 . to achieve the agreed objectives , including those embedded in the environmental policies of the union , action pursuing sustainable development is to be stepped up significantly . therefore , the principles of sustainable development should feature prominently in the design of the investeu fund . ### the union endorsed the objectives set out in the united nations agenda 2030 and its sustainable development goals and the paris agreement in 2015 as well as the sendai framework for disaster risk reduction 2015 - 2030 . to achieve the agreed objectives , including those embedded in the environmental policies of the union , action pursuing sustainable development is to be stepped up significantly and environmentally harmful subsidies to be phased - out . therefore , the principles of sustainable development should be the basis of the design of the investeu fund .


### according to the 2018 global risks report issued by the world economic forum , half of the ten most critical risks threatening the global economy relate to the environment . such risks include air , soil and water pollution , extreme weather events , biodiversity losses and failures of climate - change mitigation and adaptation . environmental principles are strongly embedded in the treaties and many of the union ' s policies . therefore , the mainstreaming of environmental objectives should be promoted in the investeu fund related operations . environmental protection and related risk prevention and management should be integrated in the preparation and implementation of investments . the eu should also track its biodiversity - related and air pollution control - related expenditure in order to fulfil the reporting obligations under the convention on biological diversity and directive 2016 / 2284 of the european parliament and of the council15 investment allocated to environmentally sustainability objectives should therefore be tracked using common methodologies coherent with that developed under other union programmes applying to climate , biodiversity and air pollution management in order to allow assessing the individual and combined impact of investments on the key components of the natural capital , including air , water , land and biodiversity . __________________ 15 directive 2016 / 2284 of the european parliament and of the council of 14 december 2016 on the reduction of national emissions of certain atmospheric pollutants , amending directive 2003 / 35 / ec and repealing directive 2001 / 81 / ec . ### according to the 2018 global risks report issued by the world economic forum , half of the ten most critical risks threatening the global economy relate to the environment . such risks include air , soil , inland water and ocean pollution , extreme weather events , biodiversity losses and failures of climate - change mitigation and adaptation . environmental principles are strongly embedded in the treaties and many of the union ' s policies . therefore , the mainstreaming of environmental objectives should be promoted in the investeu fund related operations . environmental protection and related risk prevention and management should be integrated in the preparation and implementation of investments . the eu should also track its biodiversity - related and air pollution control - related expenditure in order to fulfil the reporting obligations under the convention on biological diversity and directive 2016 / 2284 of the european parliament and of the council15 investment allocated to environmentally sustainability objectives should therefore be tracked using common methodologies coherent with that developed under other union programmes applying to climate , biodiversity and air pollution management in order to allow assessing the individual and combined impact of investments on the key components of the natural capital , including air , water , land and biodiversity . __________________ 15 directive 2016 / 2284 of the european parliament and of the council of 14 december 2016 on the reduction of national emissions of certain atmospheric pollutants , amending directive 2003 / 35 / ec and repealing directive 2001 / 81 / ec .


### a significant effort is urgently needed to invest in digital transformation and to distribute the benefits of it to all union citizens and businesses . the strong policy framework of the digital single market strategy should now be matched by investment of a similar ambition , including in artificial intelligence . ### a significant effort is urgently needed to invest in and boost the digital transformation and to distribute the benefits of it to all union citizens and businesses , in urban and rural areas . the strong policy framework of the digital single market strategy should now be matched by investment of a similar ambition , including in artificial intelligence in line with the digital europe programme , particularly with regard to ethics , machine learning , internet of things , biotechnology and fintech , which can increase efficiencies in mobilising capital for entrepreneurial ventures .


### a significant effort is urgently needed to invest in digital transformation and to distribute the benefits of it to all union citizens and businesses . the strong policy framework of the digital single market strategy should now be matched by investment of a similar ambition , including in artificial intelligence . ### a significant effort is urgently needed to invest in digital transformation and to distribute the benefits of it to all union citizens and businesses in urban and rural areas . the strong policy framework of the digital single market strategy should now be matched by investment of a similar ambition , including in artificial intelligence .


### small and medium - sized enterprises play a crucial role in the union . however , they face challenges when accessing finance because of their perceived high risk and lack of sufficient collateral . additional challenges arise from smes ' need to stay competitive by engaging in digitisation , internationalisation and innovation activities and skilling up their workforce . moreover , compared to larger enterprises , they have access to a more limited set of financing sources : they typically do not issue bonds , have only limited access to stock exchanges or large institutional investors . the challenge in accessing finance is even greater for those smes whose activities focus on intangible assets . smes in the union rely heavily on banks and debt financing in the form of bank overdrafts , bank loans or leasing . supporting smes that face the above challenges and providing more diversified sources of funding is necessary for increasing the ability of smes to finance their creation , growth and development , withstand economic downturns , and for making the economy and the financial system more resilient during economic downturn or shocks . this is also complementary to the initiatives already undertaken in the context of the capital markets union . the investeu fund should provide an opportunity to focus on specific , more targeted financial products . ### small and medium - sized enterprises play a crucial role in the union . however , they face challenges when accessing finance because of their perceived high risk and lack of sufficient collateral . additional challenges arise from smes ' need to stay competitive by engaging in digitisation , internationalisation and innovation activities and skilling up their workforce . moreover , compared to larger enterprises , they have access to a more limited set of financing sources : they typically do not issue bonds , have only limited access to stock exchanges or large institutional investors . the challenge in accessing finance is even greater for those smes whose activities focus on intangible assets . smes in the union rely heavily on banks and debt financing in the form of bank overdrafts , bank loans or leasing . supporting smes that face the above challenges by simplifying their access to finance and providing more diversified sources of funding is necessary for increasing the ability of smes to finance their creation , growth and development , withstand economic downturns , and for making the economy and the financial system more resilient during economic downturn or shocks . this is also complementary to the initiatives already undertaken in the context of the capital markets union . programmes such as cosme and h2020 have been important for smes in that they facilitated access to finance in all phases of their lifecycle , and that this was added to by efsi for which there was a quick sme uptake . the investeu fund should provide an opportunity to focus on specific , more targeted financial products .


### the eu guarantee underpinning the investeu fund should be implemented indirectly by the commission relying on implementing partners with outreach to final recipients . a guarantee agreement allocating guarantee capacity from the investeu fund should be concluded by the commission with each implementing partner , to support its financing and investment operations meeting the investeu fund objectives and eligibility criteria . the investeu fund should be provided with a specific governance structure to ensure the appropriate use of the eu guarantee . ### the eu guarantee underpinning the investeu fund should be implemented indirectly by the commission relying on implementing partners with outreach to final recipients . there should be a level - playing field among all implementing partners and the selection of implementing partners should be transparent , justified by the nature of the intervention and free of any conflict of interests . a guarantee agreement allocating guarantee capacity from the investeu fund should be concluded by the commission with each implementing partner , to support its financing and investment operations meeting the investeu fund objectives and eligibility criteria . the investeu fund should be provided with a specific governance structure to ensure the appropriate use of the eu guarantee .


### the eu guarantee for the purposes of the eu compartment referred to in point of article 8 shall be eur 38 000 000 000 . it shall be provisioned at the rate of 40 % . ### the eu guarantee for the purposes of the eu compartment referred to in point of article 8 shall be eur 38 000 000 000 . it shall be provisioned at the rate of 40 % , that is to say eur 15 200 000 000 .


### sustainable infrastructure policy window : comprises sustainable investment in the areas of transport , energy , digital connectivity , supply and processing of raw materials , space , oceans and water , waste , nature and other environment infrastructure , equipment , mobile assets and deployment of innovative technologies that contribute to the environmental or social sustainability objectives of the union , or to both , or meet the environmental or social sustainability standards of the union ; ### sustainable infrastructure policy window : comprises sustainable investment in the areas of transport and logistics , urban mobility , energy , energy efficiency , communication , digital and broadband connectivity , tourism , supply and processing of raw materials , space , oceans and water , waste , the circular economy , nature and other environment infrastructure , cultural heritage , equipment , mobile assets and deployment of innovative technologies that contribute to the environmental or social sustainability objectives of the union , or to both , as well as to the long - term sustainable development of the region in which the operation is taking place ;


### smes policy window : access to and availability of finance for smes and , in duly justified cases , for small mid - cap companies ; ### smes policy window : simplified access to and availability of finance for start - us , smes , including innovative ones , and , in duly justified cases , for small mid - cap companies , in particular to improve global competitiveness , innovation , digitisation and sustainability ;


### for the eu compartment , the eligible counterparts shall have expressed their interest and shall be able to cover financing and investment operations in at least three member states . the implementing partners may also cover together financing and investment operations in at least three member states by forming a group . ### for the eu compartment , the eligible counterparts that have expressed their interest shall be able to cover financing and investment operations in at least three member states , with the exception of blending operations as defined in article 2 , paragraph 1 , point . the implementing partners may also cover together financing and investment operations in at least three member states by forming a group .


### the performance reporting system shall ensure that data for monitoring implementation and results are collected efficiently , effectively and in a timely manner . to that end , proportionate reporting requirements shall be imposed on implementing partners and other recipients of union funds , as appropriate . ### the performance reporting system shall ensure that data for monitoring implementation and results are suitable for an in - depth analysis of the progress achieved and the difficulties encountered and are collected efficiently , effectively and in a timely manner . to that end , proportionate reporting requirements shall be imposed on implementing partners and other recipients of union funds , as appropriate . the reporting system shall provide a clear mapping of the policy windows detailed in the eligible areas for financing and investment operations as laid down in annex ii .


### member states shall co - operate and exchange any information necessary for the proceedings concerning an act or omission constituting a customs infringement referred to in articles 3 to 6 , in particular in case more than one member state has started proceedings against the same person in connection with the same facts . ### member states shall co - operate and exchange any information necessary for the proceedings concerning an act or omission constituting a customs infringement referred to in articles 3 to 6 , in particular in case more than one member state has started proceedings against the same person in connection with the same facts . the objective of cooperation between member states shall be to increase the effectiveness of customs checks on goods and to harmonise procedures within the union .


### the commission shall , by [ 1 may 2019 ] , submit a report on the application of this directive to the european parliament and the council , assessing the extent to which the member states have taken the necessary measures to comply with this directive . ### the commission shall , by [ 1 may 2019 ] , submit a report on the application of this directive to the european parliament and the council , assessing the extent to which the member states have taken the necessary measures to comply with this directive . the report shall incorporate performance criteria demonstrating progress made as regards strengthening the customs union and convergence of procedures .


### the union ' s ambitious external investment plan is needed to support investments starting in africa and the union ' s neighbourhood as a means to promote the sustainable development goals of the united nations 2030 agenda for sustainable development as well as the commitments under the recently revised european neighbourhood policy thus addressing root causes of migration . it should also contribute to the implementation of the paris agreement on climate change . ### the union ' s ambitious external investment plan is needed to support investments starting in africa and the union ' s neighbourhood as a means to promote the sustainable development goals of the united nations 2030 agenda for sustainable development in particular poverty eradication and reducing inequality as well as the commitments under the recently revised european neighbourhood policy . it should also contribute to the implementation of the paris agreement on climate change , and in particular incorporate climate proofing and climate resilience measures in all financing operations and investments .


### the commission should report annually to the european parliament and the council on the financing and investment operations covered by the efsd guarantee with a view to ensuring accountability to the european citizens . the report should be made public in order to allow relevant stakeholders , including civil society , to express their views . the commission should also report annually to the european parliament and the council on the management of the efsd guarantee fund so that accountability and transparency are ensured . ### the commission shall report annually to the european parliament and the council on the effectiveness and success of the projects financed by and investments made under the efsd guarantee with a view to ensuring accountability to the european citizens . the report will be made public in order to allow relevant stakeholders , including civil society , to express their views . the commission shall also report annually to the european parliament and the council on the management of the efsd guarantee fund so that accountability and transparency are ensured .


### ' additionality ' means the principle ensuring that the efsd guarantee support may not be aimed at replacing the support of a member state , private funding or another union financial intervention , as well as that it is aimed at addressing market failures and avoiding crowding out other public or private investments . ### ' additionality ' means the evidence based operational approach ensuring that the efsd guarantee support contributes to sustainable development by achieving positive results above and beyond what could have been achieved without the support . it may not be aimed at replacing the support of a member state , private funding or another union financial intervention , as well as that it is aimed at addressing market failures and avoiding crowding out other public or private investments . it aims to bring development and value additionality as essential parts .


### the efsd shall contribute to the achievement of the sustainable development goals of the 2030 agenda with a particular focus on sustainable growth , job creation , socio - economic sectors and on the support to micro , small and medium sized enterprises , thus addressing root causes of migration and contributing to sustainable reintegration of returned migrants in their countries of origin while maximising additionality , delivering innovative products and crowding in private sector funds . ### the efsd shall contribute to the achievement of the sustainable development goals of the 2030 agenda and the implementation of the european neighbourhood policy with a particular focus on sustainable growth , job creation , socio - economic sectors and on the support to micro , small and medium sized enterprises . the efsd shall also contribute to the implementation of the paris climate agreement by targeting investments to sectors that advance climate change mitigation and adaptation . the efsd shall thus address root causes of migration and contribute to sustainable reintegration of returned migrants in their countries of origin while maximising additionality , delivering innovative products and crowding in private sector funds .


### the efsd shall contribute to the achievement of the sustainable development goals of the 2030 agenda with a particular focus on sustainable growth , job creation , socio - economic sectors and on the support to micro , small and medium sized enterprises , thus addressing root causes of migration and contributing to sustainable reintegration of returned migrants in their countries of origin while maximising additionality , delivering innovative products and crowding in private sector funds . ### the efsd shall contribute to the achievement of the sustainable development goals of the 2030 agenda , while taking into account article 208 tfeu , and particularly focus on sustainable growth , job creation , education for boys and girls , socio - economic sectors and on the support to micro , small and medium sized enterprises , which are , when lacking , root causes of migration and which can , when improved , contribute to the sustainable reintegration of returned migrants in their countries of origin while maximising additionality , delivering innovative products and crowding in private sector funds .


### provide additionality ; ### provide additionality ; in particular , development additionality as defined in article 2 ;


### the commission shall submit an annual report to the european parliament and to the council on the financing and investment operation covered by the efsd guarantee . this report shall be made public . it shall include the following elements : ### the commission shall submit an annual report to the european parliament and to the council on the effectiveness and success of the projects financed by and investments made under the efsd guarantee . this report shall be made public . it shall include the following elements :


### by 31 december 2020 , the commission shall evaluate the functioning of the efsd . the commission shall submit its evaluation report to the european parliament and the council , containing an independent evaluation of the application of this regulation . this report shall be submitted without delay by the commission in the event that the approved financing and investment operations absorb in full the amount of the efsd guarantee available before 30 june 2020 . ### by 31 december 2020 , the commission shall evaluate , together with an independent evaluator , the functioning of the efsd . the commission shall submit its evaluation report to the european parliament and the council , containing an independent evaluation of the application of this regulation . this report shall be submitted without delay by the commission in the event that the approved financing and investment operations absorb in full the amount of the efsd guarantee available before 30 june 2020 .


### emissions and removals from forest land depend on a number of natural circumstances , age - class structure , as well as past and present management practices . the use of a base year would not make it possible to reflect those factors and resulting cyclical impacts on emissions and removals or their interannual variation . the relevant accounting rules should instead provide for the use of reference levels to exclude the effects of natural and country - specific characteristics . in the absence of the international review under the unfccc and the kyoto protocol , a review procedure should be established to ensure transparency and improve the quality of accounting in this category . ### emissions and removals from forest land depend on a number of natural circumstances , age - class structure , as well as past and present management practices that differ substantially between the member states . the use of a base year would not make it possible to reflect those factors and resulting cyclical impacts on emissions and removals or their interannual variation . the relevant accounting rules should instead provide for the use of reference levels to address the effects of natural and country - specific characteristics , as well as for coherence and requirements for sustainable forest management of forest europe . in the absence of the international review under the unfccc and the kyoto protocol , a transparent procedure should be established for the member states to improve auditability and the quality of accounting in this category .


### in order to provide for the appropriate accounting of transactions under this regulation , including the use of flexibilities and tracking compliance , 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 technical adaptation of definitions , values , lists of greenhouse gases and carbon pools , the update of reference levels , the accounting of transactions and the revision of methodology and information requirements . these measures shall take into account the provisions in commission regulation no 389 / 2013 establishing a union registry . the necessary provisions should be contained in a single legal instrument combining the accounting provisions pursuant to directive 2003 / 87 / ec , regulation no 525 / 2013 , regulation [ ] on binding annual greenhouse gas emission reductions by member states from 2021 to 2030 for a resilient energy union and this regulation . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level conducted in accordance with the principles laid down in the inter - institutional agreement on better law - making of 13 april 2016 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and council receive all documents at the same time as member states ' experts , and their experts have systematic access to meetings of commission expert groups dealing with the preparation of delegated acts . ### in order to provide for the appropriate accounting of transactions under this regulation , including the use of flexibilities and tracking compliance , 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 technical adaptation of definitions , values , lists of greenhouse gases and carbon pools , the accounting of transactions , the revision of methodology on the basis of the most recent adopted ipcc methodologies and unfccc guidance and information requirements . these measures shall take into account the provisions in commission regulation no 389 / 2013 establishing a union registry . the necessary provisions should be contained in a single legal instrument combining the accounting provisions pursuant to directive 2003 / 87 / ec , regulation no 525 / 2013 , regulation no . . . / . . . on binding annual greenhouse gas emission reductions by member states from 2021 to 2030 for a resilient energy union and this regulation . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level conducted in accordance with the principles laid down in the inter - institutional agreement on better law - making of 13 april 2016 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and council receive all documents at the same time as member states ' experts , and their experts have systematic access to meetings of commission expert groups dealing with the preparation of delegated acts .


### member state forest reference levels including harvested wood products ### member state forest reference levels


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


### in line with the europe 2020 strategy , the review of the small business act for europe18 advocated further progress in making smart regulation a reality , enhancing market access and promoting entrepreneurship , job creation and inclusive growth . __________________ 18 com 78 final , 23 . 2 . 2011 . ### in line with the europe 2020 strategy , the review of the small business act for europe18 advocated further progress in making smart regulation a reality , enhancing market access and promoting entrepreneurship , innovation , job creation and inclusive growth . __________________ 18 com 78 final , 23 . 2 . 2011 .


### in order to facilitate the cross - border activities of smes and the establishment of single - member companies as subsidiaries in other member states , the costs and administrative burdens involved in setting - up these companies should be reduced . ### in order to foster more entrepreneurship in europe and to facilitate the cross - border activities of smes and the establishment of single - member companies as subsidiaries in other member states , the costs and administrative burdens involved in setting - up these companies should be reduced and the rules for businesses on the internal market of the union should be simplified .


### contracts between the single - member and the company shall be recorded in writing . ### contracts between the single - member and the company shall be recorded in writing and kept in a digital format . records of such contracts shall be kept for at least five years .


### member states shall not hinder sups from being single - members in other companies . ### member states shall not hinder sups from being single - members in other companies . member states may establish rules prohibiting sups from being single - members in other limited liability companies if this leads to cross or circular ownership .


### member states shall require that the articles of association of the sup shall cover at least the subject matters provided for in paragraph 2 . ### member states shall require that the articles of association of the sup shall cover the subject matters provided for in paragraph 2 .


### it is necessary to establish a european maritime and fisheries fund for the 2021 - 2027 period . that fund should aim to target funding from the union budget to support the common fisheries policy , the union ' s maritime policy and the union ' s international commitments in the field of ocean governance . such funding is a key enabler for sustainable fisheries and the conservation of marine biological resources , for food security through the supply of seafood products , for the growth of a sustainable blue economy and for healthy , safe , secure , clean and sustainably managed seas and oceans . ### it is necessary to establish a european maritime and fisheries fund for the 2021 - 2027 period . that fund should aim to target funding from the union budget to support the full and timely implementation of the common fisheries policy , the union ' s maritime policy and the union ' s international commitments in the field of ocean governance . such funding is , combined with responsible fisheries policies , one of the key enablers for sustainable fisheries and the conservation of marine biological resources , for food security through the supply of seafood products , for the growth of a sustainable blue economy and for healthy , safe , secure , clean and sustainably managed seas and oceans .


### the emff should be based on four priorities : fostering sustainable fisheries and the conservation of marine biological resources ; contributing to food security in the union through competitive and sustainable aquaculture and markets ; enabling the growth of a sustainable blue economy and fostering prosperous coastal communities ; strengthening international ocean governance and enabling safe , secure , clean and sustainably managed seas and oceans . those priorities should be pursued through shared , direct and indirect management . ### the emff should be based on four priorities that are fully in line with the cfp objectives : fostering sustainable fisheries and the conservation of marine biological resources ; contributing to food security in the union through competitive and sustainable aquaculture and markets ; enabling the growth of a sustainable blue economy and fostering prosperous coastal communities ; strengthening international ocean governance and enabling safe , secure , clean and sustainably managed seas and oceans . those priorities should be pursued through shared , direct and indirect management .


### in accordance with article 42 of regulation no 1380 / 2013 of the european parliament and of the council 7 , union financial assistance under the emff should be conditional upon compliance with the rules of the cfp . applications from beneficiaries that do not comply with the applicable rules of the cfp should not be admissible . _________________ 7 regulation no 1380 / 2013 of the european parliament and of the council of 11 december 2013 on the common fisheries policy , amending council regulations no 1954 / 2003 and no 1224 / 2009 and repealing council regulations no 2371 / 2002 and no 639 / 2004 and council decision 2004 / 585 / ec . ### in accordance with article 42 of regulation no 1380 / 2013 of the european parliament and of the council 7 , union financial assistance under the emff should be conditional upon full compliance with the rules of the cfp and relevant eu environmental law . eu financial assistance should be granted only to those operators and member states who fully comply with their relevant legal obligations . applications from beneficiaries that do not comply with the applicable rules of the cfp should not be admissible . _________________ 7 regulation no 1380 / 2013 of the european parliament and of the council of 11 december 2013 on the common fisheries policy , amending council regulations no 1954 / 2003 and no 1224 / 2009 and repealing council regulations no 2371 / 2002 and no 639 / 2004 and council decision 2004 / 585 / ec .


### in order to address the specific conditions of the cfp referred to in regulation no 1380 / 2013 and to contribute to the compliance with the rules of the cfp , provisions additional to the rules on interruption , suspension and financial corrections as set out in regulation no [ regulation laying down common provisions ] should be laid down . where a member state or a beneficiary has failed to comply with its obligations under the cfp , or where the commission has evidence that suggests such a lack of compliance , the commission should , as a precautionary measure , be allowed to interrupt payment deadlines . in addition to the possibility of interruption of the payment deadline , and in order to avoid an evident risk of paying out ineligible expenditure , the commission should be allowed to suspend payments and impose financial corrections in cases of serious non - compliance with rules of the cfp by a member state . ### in order to address the specific conditions of the cfp referred to in regulation no 1380 / 2013 and to contribute to the full compliance with the rules of the cfp , provisions additional to the rules on interruption , suspension and financial corrections as set out in regulation no [ regulation laying down common provisions ] should be laid down . where a member state or a beneficiary has failed to comply with its obligations under the cfp , or where the commission has evidence that suggests such a lack of compliance , the commission should , as a precautionary measure , be allowed to interrupt payment deadlines . in addition to the possibility of interruption of the payment deadline , and in order to avoid an evident risk of paying out ineligible expenditure , the commission should be allowed to suspend payments and impose financial corrections in cases of serious non - compliance with rules of the cfp by a member state .


### much has been achieved over the last few years by the cfp in bringing fish stocks back to healthy levels , in increasing the profitability of the union ' s fishing industry and in conserving marine ecosystems . however , substantial challenges remain to achieve the socio - economic and environmental objectives of cfp . this requires continued support beyond 2020 , notably in sea basins where progress has been slower . ### steps have been taken over the last few years by the cfp towards bringing fish stocks back to healthy levels , in increasing the profitability of the union ' s fishing industry and in conserving marine ecosystems . however , substantial challenges remain to fully achieve the socio - economic and environmental objectives of cfp , including the legal obligation to restore and maintain all populations of fish stocks above biomass levels capable of producing maximum sustainable yield . this requires continued support beyond 2020 , notably in sea basins where progress has been slower .


### fisheries are vital to the livelihood and cultural heritage of many coastal communities in the union , in particular where small - scale coastal fishing plays an important role . with the average age in many fishing communities being over 50 , generational renewal and diversification of activities remain a challenge . ### fisheries are vital to the livelihood and cultural heritage of many coastal and island communities in the union , in particular where small - scale coastal fishing plays an important role . with the average age in many fishing communities being over 50 , generational renewal and diversification of activities remain a challenge .


### the emff should aim to achieve the environmental , economic , social and employment objectives of the cfp , as defined in article 2 of regulation no 1380 / 2013 . such support should ensure that fishing activities are environmentally sustainable in the long - term and managed in a way that is consistent with the objectives of achieving economic , social and employment benefits , and of contributing to the availability of food supplies . ### the emff should contribute to achieving the environmental , economic , social and employment objectives of the cfp , as defined in article 2 of regulation no 1380 / 2013 . such support should ensure that fishing activities are environmentally sustainable in the long - term and managed in a way that is consistent with the objectives set out in article 2 of regulation no 1380 / 201 , which will contribute to achieving economic , social and employment benefits , and of contributing to the availability of food supplies .


### support from the emff should aim to achieve and maintain sustainable fishing based on the maximum sustainable yield and to minimise the negative impacts of fishing activities on the marine ecosystem . that support should include innovation and investments in low - impact , climate resilient and low - carbon fishing practices and techniques . ### support from the emff should contribute to the timely achievement of the legal obligation to restore and maintain populations of all fish stocks above biomass levels capable of producing maximum sustainable yield and to minimise , and where possible eliminate , the negative impacts of fishing activities on the marine ecosystem . that support should include innovation and investments in low - impact , climate resilient and low - carbon fishing practices and techniques .


### the landing obligation is one of the main challenges of the cfp . it has implied significant changes in fishing practices for the sector , sometimes with an important financial cost . it should therefore be possible for the emff to support innovation and investments that contribute to the implementation of the landing obligation , with a higher aid intensity rate than the one that applies to other operations , like investments in selective fishing gears , in the improvement of port infrastructures and in the marketing of unwanted catches . it should also grant a maximum aid intensity rate of 100% to the design , development , monitoring , evaluation and management of transparent systems for exchanging fishing opportunities between member states , in order to mitigate the ' choke species ' effect caused by the landing obligation . ### the landing obligation is a legal obligation and one of the main challenges of the cfp . it has implied the end of the environmentally unacceptable practise of discharging as well as important changes in fishing practices for the sector , sometimes with an important financial cost . the member states should therefore use the emff to support innovation and investments that contribute to the full and timely implementation of the landing obligation , with a higher aid intensity rate than the one that applies to other operations , like investments in selective fishing gears , in the improvement of port infrastructures and in the marketing of unwanted catches . it should also grant a maximum aid intensity rate of 100% to the design , development , monitoring , evaluation and management of transparent systems for exchanging fishing opportunities between member states , in order to mitigate the ' choke species ' effect caused by the landing obligation .


### small - scale coastal fishing is carried out by fishing vessels below 12 metres and not using towed fishing gears . that sector represents nearly 75% of all fishing vessels registered in the union and nearly half of all employment in the fishery sector . operators from small - scale coastal fisheries are particularly dependant on healthy fish stocks for their main source of income . the emff should therefore give them a preferential treatment through a 100% aid intensity rate , including for operations related to control and enforcement , with the aim of encouraging sustainable fishing practices . in addition , certain areas of support should be reserved for small - scale fishing in fleet segment where the fishing capacity is balanced with the available fishing opportunities , i . e . support for the acquisition of a second - hand vessel and for engine replacement or modernisation . furthermore , member states should include in their programme an action plan for small - scale coastal fishing , which should be monitored on the basis of indicators for which milestones and targets should be set . ### small - scale coastal fishing is carried out by fishing vessels below 12 metres and not using towed fishing gears . that sector represents nearly 75% of all fishing vessels registered in the union and nearly half of all employment in the fishery sector . operators from small - scale coastal fisheries are particularly dependant on healthy fish stocks for their main source of income . the emff should therefore give them a preferential treatment through a 100% aid intensity rate , including for operations related to control and enforcement , with the aim of encouraging sustainable fishing practices in line with the cfp objectives . in addition , certain areas of support should be reserved for small - scale fishing in fleet segment where the fishing capacity is balanced with the available fishing opportunities , i . e . support for the acquisition of a second - hand vessel and for engine replacement or modernisation as well as for young fishermen . furthermore , member states should include in their programme an action plan for small - scale coastal fishing , which should be monitored on the basis of indicators for which milestones and targets should be set .


### fisheries and aquaculture contribute to food security and nutrition . however , the union currently imports more than 60% of its supply of fishery products and is therefore highly dependent on third countries . an important challenge is to encourage the consumption of fish protein produced in the union with high quality standards and available for consumers at affordable prices . ### fisheries and sustainable aquaculture contribute to food security and nutrition . however , the union currently imports more than 60% of its supply of fishery products and is therefore highly dependent on third countries . an important challenge is to encourage the consumption of fish protein produced in the union with high quality standards and available for consumers at affordable prices .


### job creation in coastal regions relies on a locally driven development of a sustainable blue economy that revives the social fabric of those regions . ocean industries and services are likely to outperform the growth of the global economy and make an important contribution to employment and growth by 2030 . to be sustainable , blue growth depends on innovation and investment in new maritime businesses and in the bio - economy , including sustainable tourism models , ocean - based renewable energy , innovative high - end shipbuilding and new port service , which can create jobs and at the same time enhance local development . whilst public investment in the sustainable blue economy should be mainstreamed throughout the union budget , the emff should specifically concentrate on enabling conditions for the development of the sustainable blue economy and on removing bottlenecks to facilitate investment and the development of new markets and technologies or services . support for the development of the sustainable blue economy should be delivered through shared , direct and indirect management . ### job creation in coastal regions and islands often relies on a locally driven development of a sustainable blue economy that revives the social fabric of those regions . ocean industries and services are likely to outperform the growth of the global economy and make an important contribution to employment and growth by 2030 . to be sustainable , blue growth depends on innovation and investment in new maritime businesses and in the bio - economy , including sustainable tourism models , ocean - based renewable energy , innovative high - end shipbuilding and new port service , which can create jobs and at the same time enhance local development . whilst public investment in the sustainable blue economy should be mainstreamed throughout the union budget , the emff should specifically concentrate on enabling conditions for the development of the sustainable blue economy and on removing bottlenecks to facilitate investment and the development of new markets and technologies or services . support for the development of the sustainable blue economy should be delivered through shared , direct and indirect management .


### as a global actor , the union is strongly committed to promoting international ocean governance , in accordance with the joint communication to the council , the european parliament , the european economic and social committee and the committee of the regions of 10 november 2016 entitled ' international ocean governance : and agenda for the future of our oceans ' 17 . the union ' s ocean governance policy is a new policy that covers the oceans in an integrated manner . international ocean governance is not only core to achieve the 2030 agenda for sustainable development , and in particular sustainable development goal 14 , but also to guarantee safe , secure , clean and sustainably managed seas and oceans for future generations . the union needs to deliver on those international commitments and be a driving force for better international ocean governance at bilateral , regional and multilateral levels , including to prevent , deter and eliminate illegal , unreported and unregulated fishing , to improve the international ocean governance framework , to reduce pressures on oceans and seas , to create the conditions for a sustainable blue economy and to strengthen international ocean research and data . _________________ 17 join 49 ### as a global actor , the union is strongly committed to promoting international ocean governance , in accordance with the joint communication to the council , the european parliament , the european economic and social committee and the committee of the regions of 10 november 2016 entitled ' international ocean governance : and agenda for the future of our oceans ' 17 . the union ' s ocean governance policy is a new policy that covers the oceans in an integrated manner . international ocean governance is not only core to achieve the 2030 agenda for sustainable development , and in particular sustainable development goal 14 , but also to guarantee safe , secure , clean and sustainably managed seas and oceans for future generations . the union needs to deliver on those international commitments and be a driving and leading force for better international ocean governance at bilateral , regional and multilateral levels , including to prevent , deter and eliminate illegal , unreported and unregulated fishing , to improve the international ocean governance framework , to reduce pressures on oceans and seas , to create the conditions for a sustainable blue economy and to strengthen international ocean research and data . _________________ 17 join 49


### the most recent evidence on the socio - economic performance of the sustainable blue economy , and in particular the fishery and aquaculture sector ; ### the most recent evidence on the balance between the environmental priorities and the socio - economic performance of the sustainable blue economy , and in particular the fishery and aquaculture sector ;


### has committed serious infringements under article 42 of council regulation no 1005 / 200828 or article 90 of council regulation no 1224 / 2009 or under other legislation adopted by the european parliament and by the council ; _________________ 28 council regulation no 1005 / 2008 of 29 september 2008 establishing a community system to prevent , deter and eliminate illegal , unreported and unregulated fishing , amending regulations no 2847 / 93 , no 1936 / 2001 and no 601 / 2004 and repealing regulations no 1093 / 94 and no 1447 / 1999 . ### has committed infringements under article 42 of council regulation no 1005 / 200828 or article 90 of council regulation no 1224 / 2009 or under other legislation adopted by the european parliament and by the council ; _________________ 28 council regulation no 1005 / 2008 of 29 september 2008 establishing a community system to prevent , deter and eliminate illegal , unreported and unregulated fishing , amending regulations no 2847 / 93 , no 1936 / 2001 and no 601 / 2004 and repealing regulations no 1093 / 94 and no 1447 / 1999 .


### the identification of the threshold triggering and the length of period of time of inadmissibility referred to in paragraphs 1 and 3 , which shall be proportionate to the nature , gravity , duration and repetition of the serious infringements , offences or fraud , and shall be of at least one year ' s duration ; ### the identification of the threshold triggering and the length of period of time of inadmissibility referred to in paragraphs 1 and 3 , which shall be proportionate to the nature , gravity , duration and repetition of the infringements , offences or fraud , and shall be of at least one year ' s duration ;


### if the support referred to in paragraph 1 is granted through the compensation for the permanent cessation of fishing activities , the following conditions shall be complied with : ### in exceptional cases , the support referred to in paragraph 1 may be granted through the compensation for the permanent cessation of fishing activities provided that the following conditions are complied with :


### the cessation is foreseen as a tool of an action plan referred to in article 22 of regulation no 1380 / 2013 ; ### the cessation is foreseen as a tool of an action plan to reduce fleet capacity referred to in article 22 of regulation no 1380 / 2013 ;


### 23aquaculture ### 23sustainable aquaculture


### in accordance with article 90 of regulation no [ regulation laying down common provisions ] , the commission may interrupt the payment deadline for all or part of a payment application in the case of evidence of non - compliance by a member state with the rules applicable under the cfp , if the non - compliance is liable to affect the expenditure contained in a payment application for which the interim payment is requested . ### in accordance with article 90 of regulation no [ regulation laying down common provisions ] , the commission may interrupt the payment deadline for all or part of a payment application in the case of evidence of non - compliance by a member state with the rules applicable under the cfp or relevant eu environmental law , if the non - compliance is liable to affect the expenditure contained in a payment application for which the interim payment is requested .


### in accordance with article 91 of regulation no [ regulation laying down common provisions ] , the commission may adopt implementing acts suspending all or part of the interim payments under the programme in the case of serious non - compliance by a member state with the rules applicable under the cfp , if the serious non - compliance is liable to affect the expenditure contained in a payment application for which the interim payment is requested . ### in accordance with article 91 of regulation no [ regulation laying down common provisions ] , the commission may adopt implementing acts suspending all or part of the interim payments under the programme in the case of serious non - compliance by a member state with the rules applicable under the cfp or relevant environmental law , if the serious non - compliance is liable to affect the expenditure contained in a payment application for which the interim payment is requested .


### expenditure contained in a payment application is affected by cases of serious non - compliance with the rules of the cfp by the member state which have resulted in the suspension of payment under article 34 and the member state concerned still fails to demonstrate that it has taken the necessary remedial action to ensure compliance with and the enforcement of applicable rules in the future . ### expenditure contained in a payment application is affected by cases of serious non - compliance with the rules of the cfp or relevant eu environmental law by the member state which have resulted in the suspension of payment under article 34 and the member state concerned still fails to demonstrate that it has taken the necessary remedial action to ensure compliance with and the enforcement of applicable rules in the future .


### the commission shall decide on the amount of the correction taking into account the nature , gravity , duration and repetition of the serious non - compliance by the member state or beneficiary with the rules of the cfp and the importance of the emff contribution to the economic activity of the beneficiary concerned . ### the commission shall decide on the amount of the correction taking into account the nature , gravity , duration and repetition of the serious non - compliance by the member state or beneficiary with the rules of the cfp or relevant eu environmental law and the importance of the emff contribution to the economic activity of the beneficiary concerned .


### where it is not possible to quantify precisely the amount of expenditure linked to non - compliance with the rules of the cfp by the member state , the commission shall apply a flat rate or extrapolated financial correction in accordance with paragraph 4 . ### where it is not possible to quantify precisely the amount of expenditure linked to non - compliance with the rules of the cfp or relevant eu environmental law by the member state , the commission shall apply a flat rate or extrapolated financial correction in accordance with paragraph 4 .


### . ### in article 8 , new paragraph 6 a is added : ' 6a . drivers engaged in occasional passenger services may derogate from the requirement to take a 24 - hour rest in a given week provided they work for a maximum of twelve 24 - hour periods , and this bloc of working periods is preceded by , and followed by , a regular weekly rest . if driving during the period from 22 : 00 to 06 : 00 , the vehicle must be multi - manned or the driving period referred to in article 7 reduced to three hours . '


### . ### in article 8 , new paragraph is added : ' drivers engaged in occasional passenger services may derogate from the requirement to take a 24 - hour rest in a given week provided they work for a maximum of twelve 24 - hour periods , and this bloc of working periods is preceded by , and followed by , a regular weekly rest . if driving during the period from 22 : 00 to 06 : 00 , the vehicle must be multi - manned or the driving period referred to in article 7 reduced to three hours . '


### . ### ' by way of derogation from paragraphs 6 , 7and 8b above , a driver engaged in occasional passenger services shall take an average of 45 hours weekly rest per week , calculated over a reference period of up to 13 weeks . a weekly rest period of at least 24 hours must be taken each week . when making use of the derogation , within the 13 - week reference period , driver’s total driving time per any 4 - week period must not exceed 160 hours . '


### . ### ' by way of derogation from paragraph 2 , a driver engaged in an occasional service of carriage of passengers , as defined in regulation no 1073 / 2009 of the european parliament and of the council of 21 october 2009 on common rules for access to the international market for coach and bus services , may postpone , maximum two times per week , the daily rest with one hour , provided that the daily rest period taken after the use of the derogation is at least 9 hours '


### vehicles or combinations of vehicles with a maximum permissible mass not exceeding 7 , 5 tonnes used by universal service providers as defined in article 2 of directive 97 / 67 / ec of the european parliament and of the council of 15 december 1997 on common rules for the development of the internal market of community postal services and the improvement of quality of service to deliver items as part of the universal service . ### in article 13 , the first subparagraph of point is replaced by the following : ' vehicles or combinations of vehicles with a maximum permissible mass not exceeding 7 , 5 tonnes used by any delivery service provider to perform last mile delivery services . '


### in urgent cases member states may grant , under exceptional circumstances , a temporary exception for a period not exceeding 30 days , which shall be duly justified and notified immediately to the commission . ; ### in urgent cases member states may grant a temporary exception for a period not exceeding 30 days , which shall be notified immediately to the commission . ;


### by way of derogation from paragraph 6 , a driver engaged in a single occasional service of international carriage of passengers , as defined in regulation no 1073 / 2009 of the european parliament and of the council of 21 october 2009 on common rules for access to the international market for coach and bus services , may postpone the weekly rest period for up to 12 consecutive 24 - hour periods following a previous regular weekly rest period , provided that : ### in article 8 , introductory part of paragraph 6a shall be replaced by the following : ' 6a . by way of derogation from paragraph 6 , a driver engaged in a single occasional service of carriage of passengers , as defined in regulation no 1073 / 2009 of the european parliament and of the council of 21 october 2009 on common rules for access to the international market for coach and bus services , may postpone the weekly rest period for up to 12 consecutive 24 - hour periods following a previous regular weekly rest period , provided that : '


### the distinction between a professional user , to which restricted explosives precursors can be made available and a member of the general public , to which they cannot , depends on whether the person intends to use that explosives precursor for purposes connected to their specific trade , craft or profession . economic operators should therefore not make available a restricted explosives precursor to a natural or legal person that is professionally active in an area where that specific restricted explosives precursor does not tend to be used for professional purposes . ### the distinction between a professional user , to which restricted explosives precursors can be made available and a member of the general public , to which they cannot , depends on whether the person intends to use that explosives precursor for purposes connected to their specific trade , craft or farming or professional activities . economic operators should therefore not make available a restricted explosives precursor to a natural or legal person that is professionally active in an area where that specific restricted explosives precursor does not tend to be used for professional purposes .


### insofar as online marketplaces act as mere intermediaries between economic operators on the one hand , and members of the general public , professional users or farmers on the other hand , they should not be required to instruct their personnel involved in the sale of restricted explosives precursors or verify the identity and , where appropriate , the licence of the prospective customer or request other information from the prospective customer . however , given the central role which online marketplaces that act as an intermediary play in online economic transactions , including as regards the sales of restricted explosives precursors , it is appropriate that they should inform , in a clear and effective manner , users who aim to make available restricted explosives precursors through the use of their services of the obligations under this regulation . in addition , it is appropriate that online marketplaces that act as an intermediary take measures to help ensure that their users comply with their obligations regarding verification , for instance by offering tools to faciliate verification of licences . all such obligations on online marketplaces that act as an intermediary under this regulation should be without prejudice to articles 14 and 15 of directive 2000 / 31 / ec of the european parliament and of the council34 . _________________ 34 directive 2000 / 31 / ec of the european parliament and of the council of 8 june 2000 on certain legal aspects of information society services , in particular electronic commerce , in the internal market . ### insofar as online marketplaces act as mere intermediaries between economic operators on the one hand , and members of the general public , professional users or farmers on the other hand , they should not be required to instruct their personnel involved in the sale of restricted explosives precursors or verify the identity and , where appropriate , the licence of the prospective customer or request other information from the prospective customer . however , given the central role which online marketplaces that act as an intermediary play in online economic transactions , including as regards the sales of regulated explosives precursors , it is appropriate that they inform , in a clear and effective manner , users who aim to make available regulated explosives precursors of their obligations under this regulation . in addition , it is appropriate that online marketplaces that act as an intermediary take measures to help ensure that their users comply with their obligations regarding verification , for instance by offering tools to facilitate verification of licences . what is more , they should be subject to the same detection and reporting obligations as economic operators with respect to suspicious transactions .


### ‘ member of the general public’ means any natural or legal person who has a need for a restricted explosives precursor for purposes that are not connected with their trade , business , craft or profession ; ### ‘ member of the general public’ means any natural or legal person who has a need for a restricted explosives precursor for purposes that are not connected with their trade , business , craft or farming or professional activities ;


### ' professional user ' means any natural or legal person who has a demonstrable need for a restricted explosives precursor for purposes connected with their trade , business , craft or profession which exclude making that restricted explosives precursor available to another person . ### ' professional user ' means any natural or legal person who has a demonstrable need for a restricted explosives precursor for purposes connected with their trade , business , craft or farming or professional activities which exclude making that restricted explosives precursor available to another person .


### for the purpose of verifying that a prospective customer is a professional user or a farmer , an economic operator who makes available a restricted explosives precursor to a professional user or a farmer shall for each transaction request the following : ### for the purpose of verifying that a prospective customer interested in buying a restricted explosives precursor is a professional user , an economic operator who makes available a restricted explosives precursor to a professional user or a farmer shall for each transaction request the following :


### without prejudice to paragraph 5 , the commission may , after consulting the member state and , if appropriate , third parties , decide that the measure taken by the member state is not justified and request the member state to withdraw it . ### without prejudice to paragraph 5 , the commission may , after consulting the member state and , if appropriate , third parties , decide that the measure taken by the member state is not justified and request the member state to withdraw it . the national contact point of the member state concerned shall inform economic operators and the online markets that act as an intermediary of that decision .


### the presence of terrorist content online has serious negative consequences for users , for citizens and society at large as well as for the online service providers hosting such content , since it undermines the trust of their users and damages their business models . in light of their central role and the technological means and capabilities associated with the services they provide , online service providers have particular societal responsibilities to protect their services from misuse by terrorists and to help tackle terrorist content disseminated through their services . ### the presence of illegal terrorist content online has serious negative consequences for users , for citizens and society at large as well as for the online service providers hosting such content , since it undermines the trust of their users and damages their business models . in light of their central role and the technological means and capabilities associated with the services they provide , online service providers have particular societal responsibilities to protect their services from misuse by terrorists and to help the competent authorities tackle illegal terrorist content disseminated through their services .


### the application of this regulation should not affect the application of article 14 of directive 2000 / 31 / ec8 . in particular , any measures taken by the hosting service provider in compliance with this regulation , including any proactive measures , should not in themselves lead to that service provider losing the benefit of the liability exemption provided for in that provision . this regulation leaves unaffected the powers of national authorities and courts to establish liability of hosting service providers in specific cases where the conditions under article 14 of directive 2000 / 31 / ec for liability exemption are not met . _________________ 8 directive 2000 / 31 / ec of the european parliament and of the council of 8 june 2000 on certain legal aspects of information society services , in particular electronic commerce , in the internal market . ### this regulation should lay down specific obligations to hosting service providers exposed to a substantial amount of illegal terrorist content . the application of this regulation should not affect the application of article 14 and 15 of directive 2000 / 31 / ec8 . in particular , any measures taken by the hosting service provider in compliance with this regulation or as a result of having been informed by the competent authority about the illegality of content should not in themselves lead to that service provider losing the benefit of the liability exemption provided for in that provision . this regulation leaves unaffected the powers of national authorities and courts to establish liability of hosting service providers in specific cases where the conditions under article 14 of directive 2000 / 31 / ec for liability exemption are not met . _________________ 8 directive 2000 / 31 / ec of the european parliament and of the council of 8 june 2000 on certain legal aspects of information society services , in particular electronic commerce , in the internal market .


### this regulation contributes to the protection of public security while establishing appropriate and robust safeguards to ensure protection of the fundamental rights at stake . this includes the rights to respect for private life and to the protection of personal data , the right to effective judicial protection , the right to freedom of expression , including the freedom to receive and impart information , the freedom to conduct a business , and the principle of non - discrimination . competent authorities and hosting service providers should only adopt measures which are necessary , appropriate and proportionate within a democratic society , taking into account the particular importance accorded to the freedom of expression and information , which constitutes one of the essential foundations of a pluralist , democratic society , and is one of the values on which the union is founded . measures constituting interference in the freedom of expression and information should be strictly targeted , in the sense that they must serve to prevent the dissemination of terrorist content , but without thereby affecting the right to lawfully receive and impart information , taking into account the central role of hosting service providers in facilitating public debate and the distribution and receipt of facts , opinions and ideas in accordance with the law . ### this regulation contributes to the protection of public security while establishing appropriate and robust safeguards to ensure protection of the fundamental rights at stake . this includes the rights to respect for private life and to the protection of personal data , the right to effective judicial protection , the right to freedom of expression , including the freedom to receive and impart information , the freedom to conduct a business , and the principle of non - discrimination . competent authorities and hosting service providers should only adopt measures which are necessary , appropriate and proportionate within a democratic society , taking into account the particular importance accorded to the freedom of expression and information , as well as the freedom of the press and pluralism of the media , which constitutes the essential foundation of a pluralist , democratic society , and is one of the values on which the union is founded . measures constituting interference in the freedom of expression and information should be strictly targeted , in the sense that they must serve to prevent the dissemination of terrorist content , but without thereby affecting the right to lawfully receive and impart information , taking into account the central role of hosting service providers in facilitating public debate and the distribution and receipt of facts , opinions and ideas in accordance with the law .


### the right to an effective remedy is enshrined in article 19 teu and article 47 of the charter of fundamental rights of the european union . each natural or legal person has the right to an effective judicial remedy before the competent national court against any of the measures taken pursuant to this regulation , which can adversely affect the rights of that person . the right includes , in particular the possibility for hosting service providers and content providers to effectively contest the removal orders before the court of the member state whose authorities issued the removal order . ### the right to an effective remedy is enshrined in article 19 teu and article 47 of the charter of fundamental rights of the european union . each natural or legal person has the right to an effective judicial remedy before the competent national court against any of the measures taken pursuant to this regulation , which can adversely affect the rights of that person . the right includes , in particular the possibility for hosting service providers and content providers to effectively contest the removal orders before the court of the member state whose authorities issued the removal order . that right can be invoked before the court of the member state where the hosting service provider has its main establishment or where the legal representative designated by the hosting provider pursuant to article 16 resides or is established .


### in order to provide clarity about the actions that both hosting service providers and competent authorities should take to prevent the dissemination of terrorist content online , this regulation should establish a definition of terrorist content for preventative purposes drawing on the definition of terrorist offences under directive 2017 / 541 of the european parliament and of the council9 . given the need to address the most harmful terrorist propaganda online , the definition should capture material and information that incites , encourages or advocates the commission or contribution to terrorist offences , provides instructions for the commission of such offences or promotes the participation in activities of a terrorist group . such information includes in particular text , images , sound recordings and videos . when assessing whether content constitutes terrorist content within the meaning of this regulation , competent authorities as well as hosting service providers should take into account factors such as the nature and wording of the statements , the context in which the statements were made and their potential to lead to harmful consequences , thereby affecting the security and safety of persons . the fact that the material was produced by , is attributable to or disseminated on behalf of an eu - listed terrorist organisation or person constitutes an important factor in the assessment . content disseminated for educational , journalistic or research purposes should be adequately protected . furthermore , the expression of radical , polemic or controversial views in the public debate on sensitive political questions should not be considered terrorist content . _________________ 9 directive 2017 / 541 of the european parliament and of the council of 15 march 2017 on combating terrorism and replacing council framework decision 2002 / 475 / jha and amending council decision 2005 / 671 / jha . ### in order to provide clarity about the actions that both hosting service providers and competent authorities should take to prevent the dissemination of terrorist content online , this regulation should establish a definition of terrorist content for preventative purposes drawing on the definition of terrorist offences under directive 2017 / 541 of the european parliament and of the council9 . given the need to address the most harmful terrorist propaganda online , the definition should capture material that incites , encourages or advocates the commission or contribution to terrorist offences or promotes the participation in activities of a terrorist group . the definition includes content that provides guidance for the making and use of explosives , firearms or other weapons or noxious or hazardous substances as well as cbrn substances , or on other methods and techniques , including the selection of targets , for the purpose of committing terrorist offences . such material includes in particular text , images , sound recordings and videos . when assessing whether content constitutes terrorist content within the meaning of this regulation , competent authorities as well as hosting service providers should take into account factors such as the nature and wording of the statements , the context in which the statements were made and their potential to lead to harmful consequences , thereby affecting the security and safety of persons . the fact that the material was produced by , is attributable to or disseminated on behalf of an eu - listed terrorist organisation or person constitutes an important factor in the assessment . content disseminated for educational , counter - narrative or research purposes should be adequately protected , striking a fair balance between fundamental rights including in particular the freedom of expression and information and public security needs . where the disseminated material is published under the editorial responsibility of the content provider , any decision as to the removal of such content should take into account the journalistic standards established by press and / or media regulation consistent with the law of the union and the right to freedom of expression and the right to freedom and pluralism of the media as enshrined in article 11 of the charter of fundamental rights . furthermore , the expression of radical , polemic or controversial views in the public debate on sensitive political questions should not be considered terrorist content . _________________ 9 directive 2017 / 541 of the european parliament and of the council of 15 march 2017 on combating terrorism and replacing council framework decision 2002 / 475 / jha and amending council decision 2005 / 671 / jha .


### in order to cover those online hosting services where terrorist content is disseminated , this regulation should apply to information society services which store information provided by a recipient of the service at his or her request and in making the information stored available to third parties , irrespective of whether this activity is of a mere technical , automatic and passive nature . by way of example such providers of information society services include social media platforms , video streaming services , video , image and audio sharing services , file sharing and other cloud services to the extent they make the information available to third parties and websites where users can make comments or post reviews . the regulation should also apply to hosting service providers established outside the union but offering services within the union , since a significant proportion of hosting service providers exposed to terrorist content on their services are established in third countries . this should ensure that all companies operating in the digital single market comply with the same requirements , irrespective of their country of establishment . the determination as to whether a service provider offers services in the union requires an assessment whether the service provider enables legal or natural persons in one or more member states to use its services . however , the mere accessibility of a service provider’s website or of an email address and of other contact details in one or more member states taken in isolation should not be a sufficient condition for the application of this regulation . ### in order to cover those online hosting services where terrorist content is disseminated , this regulation should apply to information society services which store information provided by a recipient of the service at his or her request and in making the information stored available to the public , irrespective of whether this activity is of a mere technical , automatic and passive nature . by way of example such providers of information society services include social media platforms , video streaming services , video , image and audio sharing services and public file sharing services to the extent they make the information publicly available . excluded from the scope of this regulation are closed cloud and storage services , in particular business - to - business solutions , mere technical services such as file sharing and other cloud services , services that consist of selling goods online , and mere conduits and other electronic communication services within the meaning of union law . the regulation should also apply to hosting service providers established outside the union but offering services within the union , since a significant proportion of hosting service providers exposed to terrorist content on their services are established in third countries . this should ensure that all companies operating in the digital single market comply with the same requirements , irrespective of their country of establishment . the determination as to whether a service provider offers services in the union requires an assessment whether the service provider enables legal or natural persons in one or more member states to use its services . however , the mere accessibility of a service provider’s website or of an email address and of other contact details in one or more member states taken in isolation should not be a sufficient condition for the application of this regulation .