### accept upon request the participation , in the training , of employees with disabilities , passengers with disabilities and with reduced mobility , and / or organisations representing them . ### encourage actively the participation , in the training , of staff with disabilities , as well as passengers with disabilities and with reduced mobility , and organisations representing them ;


### station managers and infrastructure managers shall make real - time data relating to trains , including those operated by other railway undertakings available to railway undertakings and ticket vendors , in a non - discriminatory manner . ### station managers , infrastructure managers and railway undertakings shall make real - time data relating to trains , including those operated by other railway undertakings available to railway undertakings and ticket vendors , in a non - discriminatory manner , in the most appropriate format , in an interoperable technical interface using the latest communication technologies so that railway undertakings and ticket vendors provide passengers with all the information required by this regulation ;


### railway undertakings and ticket vendors shall offer tickets and , where available , through - tickets and reservations . they shall make all possible efforts to offer through - tickets , including for journeys across borders and with more than one railway undertaking . ### railway undertakings , tour operators and ticket vendors shall offer tickets , through - tickets , reservations and combinations of tickets that provide the most optimal and cost - effective journey or combined journey , including cross - border , in an impartial and non - discriminatory manner . they shall make all possible efforts to offer through - tickets , including for journeys across borders or involving night trains and journeys with more than one railway undertaking .


### the increasing popularity of cycling across the union has implications for overall mobility and tourism . an increase in the use of both railways and cycling in the modal split reduces the environmental impact of transport . therefore , railway undertakings should facilitate the combination of cycling and train journeys as much as possible , in particular by allowing the carriage of bicycles on board trains . ### the increasing popularity of cycling across the union has implications for overall mobility and tourism . an increase in the use of both railways and cycling in the modal split reduces the environmental impact of transport . therefore , railway undertakings should facilitate the combination of cycling and train journeys where possible and in accordance with operational and safety requirements .


### if the train is blocked on the track , transport from the train to the railway station , to the alternative departure point or to the final destination of the service , where and when physically possible . ### if the train is blocked on the track , accessible transport from the train to the railway station , to the alternative departure point or to the final destination of the service , where and when physically possible .


### ensuring transparency in the general terms and conditions can be essential to promoting sustainable business relationships and to preventing unfair behaviour to the detriment of business users . providers of online intermediation services should therefore also ensure that the terms and conditions are easily available at all stages of the contractual relationship , including to prospective business users at the pre - contractual phase , and that any modifications to those terms are notified to business users within a set notice period which is reasonable and proportionate in light of the specific circumstances and which is at least 15 days . that notice period should not apply where , and to the extent that , it is waived in an unambiguous manner by the business user concerned or where , and to the extent that , the need to implement the modification without respecting the notice period stems from a legal obligation incumbent on the service provider under union or national law . ### ensuring transparency in the general terms and conditions can be essential to promoting sustainable business relationships and to preventing unfair behaviour to the detriment of business users . providers of online intermediation services should therefore also ensure that the terms and conditions are easily available at all stages of the contractual relationship , including to prospective business users at the pre - contractual phase , and that any modifications to those terms are notified to business users .


### providers of online intermediation services shall set out in their terms and conditions the main parameters determining ranking and the reasons for the relative importance of those main parameters as opposed to other parameters . ### providers of online intermediation services shall set out in their terms and conditions the main parameters determining ranking .


### providers of online intermediation services and providers of online search engines shall , when complying with the requirements of this article , not be required to disclose any trade secrets as defined in article 2 of directive 2016 / 943 . ### providers of online intermediation services shall , when complying with the requirements of this article , not be required to disclose any trade secrets as defined in article 2 of directive 2016 / 943 nor any other business sensitive information that determine their competitive advantage .


### this regulation shall apply to online intermediation services and online search engines provided , or offered to be provided , to business users and corporate website users , respectively , that have their place of establishment or residence in the union and that , through online intermediation services or online search engines , offer goods or services to consumers located in the union , irrespective of the place of establishment or residence of the providers of those services . ### this regulation shall apply to online intermediation services provided , or offered to be provided , to business users and corporate website users , respectively , that have their place of establishment or residence in the union and that , through online intermediation services , offer goods or services to consumers located in the union , irrespective of the place of establishment or residence of the providers of those services .


### providers of online intermediation services shall bear a reasonable proportion of the total costs of mediation in each individual case . a reasonable proportion of those total costs shall be determined , on the basis of a suggestion by the mediator , by taking into account all relevant elements of the case at hand , in particular the relative merits of the claims of the parties to the dispute , the conduct of the parties , as well as the size and financial strength of the parties relative to one another . however , providers of online intermediation services shall in any case bear at least half of the total cost . ### providers of online intermediation services shall bear a reasonable proportion of the total costs of mediation in each individual case . a reasonable proportion of those total costs shall be determined , on the basis of a suggestion by the mediator , by taking into account all relevant elements of the case at hand , in particular the relative merits of the claims of the parties to the dispute , the conduct of the parties , as well as the size and financial strength of the parties relative to one another .


### this regulation lays down rules to ensure that business users of online intermediation services and corporate website users in relation to online search engines are granted appropriate transparency and effective redress possibilities . ### this regulation lays down rules to ensure that business users of online business - to - consumer intermediation services where an official business - to - platform relationship is established are granted appropriate transparency and effective redress possibilities .


### a provider of online intermediation services can have legitimate reasons to decide to suspend or terminate the provision of its services , in whole or in part , to a given business user , including by delisting individual goods or services of a given business user or effectively removing search results . however , given that such decisions can significantly affect the interests of the business user concerned , they should be properly informed of the reasons thereof . the statement of reasons should allow business users to ascertain whether there is scope to challenge the decision , thereby improving the possibilities for business users to seek effective redress where necessary . in addition , requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content , in line with commission recommendation no 2018 / 33422 . the statement of reasons should identify the objective ground or grounds for the decision , based on the grounds that the provider had set out in advance in its terms and conditions , and refer in a proportionate manner to the relevant specific circumstances that led to that decision . _________________ 22 commission recommendation no 2018 / 334 of 1 march 2018 on measures to effectively tackle illegal content online . ### a provider of online intermediation services can have legitimate reasons to decide to suspend or terminate the provision of its services , in whole or in part , to a given business user , including by delisting individual goods or services of a given business user or effectively removing search results . however , given that such decisions can significantly affect the interests of the business user concerned , they should be properly informed of the reasons thereof . the statement of reasons should allow business users to ascertain whether there is scope to request a review of the decision , thereby improving the possibilities for business users to seek effective redress where necessary .


### ‘ ranking’ means the relative prominence given to the goods or services offered to consumers by business users through online intermediation services , or to websites indexed for consumers by online search engines , as presented , organised or communicated to those consumers by the providers of online intermediation services or by providers of online search engines , respectively , irrespective of the technological means used for such presentation , organisation or communication ; ### ‘ ranking’ means the relative prominence given to the goods or services offered to consumers by business users through online intermediation services as presented , organised or communicated to those consumers by the providers of online intermediation services irrespective of the technological means used for such presentation , organisation or communication ;


### all job vacancies available with its public employment services as well as those provided by its eures partners ; ### all job vacancies made publicly&#160 ; available with its pes as well as those provided by other eures members , and where relevant , &#160 ; eures partners ; members states may introduce a mechanism allowing employers to have the option not to have a vacancy published on the eures portal if the request is duly justified on the basis of the skills and competence requirements related to the job .


### following the request , the competent authority should enter into a dialogue with the hosting service provider about the necessary proactive measures to be put in place . if necessary , the competent authority should impose the adoption of appropriate , effective and proportionate proactive measures where it considers that the measures taken are insufficient to meet the risks . a decision to impose such specific proactive measures should not , in principle , lead to the imposition of a general obligation to monitor , as provided in article 15 of directive 2000 / 31 / ec . considering the particularly grave risks associated with the dissemination of terrorist content , the decisions adopted by the competent authorities on the basis of this regulation could derogate from the approach established in article 15 of directive 2000 / 31 / ec , as regards certain specific , targeted measures , the adoption of which is necessary for overriding public security reasons . before adopting such decisions , the competent authority should strike a fair balance between the public interest objectives and the fundamental rights involved , in particular , the freedom of expression and information and the freedom to conduct a business , and provide appropriate justification . ### following the request , the competent authority should enter into a dialogue with the hosting service provider about the necessary proactive measures to be put in place . if necessary , the competent authority should impose the adoption of appropriate , effective and proportionate proactive measures where it considers that the measures taken are insufficient to meet the risks . the competent authority should only impose proactive measures that the hosting service provider can reasonably be expected to implement , taking into account , among other factors , the hosting service providers’ financial and other resources . a decision to impose such specific proactive measures should not lead to the imposition of a general obligation to monitor , as provided in article 15 of directive 2000 / 31 / ec . considering the particularly grave risks associated with the dissemination of terrorist content , the decisions adopted by the competent authorities on the basis of this regulation could , in exceptional circumstances , derogate from the approach established in article 15 of directive 2000 / 31 / ec , as regards certain specific , targeted measures , the adoption of which is necessary for overriding public security reasons . before adopting such decisions , the competent authority should strike a fair balance between the public interest objectives and the fundamental rights involved , in particular , the freedom of expression and information and the freedom to conduct a business , and provide appropriate justification .


### 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 directly available to the public . 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 , excluding cloud it infrastructure service providers , to the extent they make the information directly available to the public . 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 .


### hosting service providers shall take appropriate , reasonable and proportionate actions in accordance with this regulation , against the dissemination of terrorist content and to protect users from terrorist content . in doing so , they shall act in a diligent , proportionate and non - discriminatory manner , and with due regard to the fundamental rights of the users and take into account the fundamental importance of the freedom of expression and information in an open and democratic society . ### hosting service providers shall take appropriate , reasonable and proportionate actions in accordance with this regulation , against the dissemination of terrorist content and to protect users from terrorist content . in doing so , they shall act in a diligent , proportionate and non - discriminatory manner , and with due regard in all circumstances to the fundamental rights of the users and take into account the fundamental importance of the freedom of expression and information in an open and democratic society . in particular those actions shall not amount to general monitoring .


### 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 , which constitutes one of the essential foundations of a pluralist , democratic society , and is one of the values on which the union is founded . any measures should avoid interference in the freedom of expression and information and insofar as possible should serve to prevent the dissemination of terrorist content through a strictly targeted approach , 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 .


### in order to ensure that hosting service providers exposed to terrorist content take appropriate measures to prevent the misuse of their services , the competent authorities should request hosting service providers having received a removal order , which has become final , to report on the proactive measures taken . these could consist of measures to prevent the re - upload of terrorist content , removed or access to it disabled as a result of a removal order or referrals they received , checking against publicly or privately - held tools containing known terrorist content . they may also employ the use of reliable technical tools to identify new terrorist content , either using those available on the market or those developed by the hosting service provider . the service provider should report on the specific proactive measures in place in order to allow the competent authority to judge whether the measures are effective and proportionate and whether , if automated means are used , the hosting service provider has the necessary abilities for human oversight and verification . in assessing the effectiveness and proportionality of the measures , competent authorities should take into account relevant parameters including the number of removal orders and referrals issued to the provider , their economic capacity and the impact of its service in disseminating terrorist content . ### in order to ensure that hosting service providers exposed to terrorist content take appropriate measures to prevent the misuse of their services , the competent authorities should request hosting service providers having received a removal order , which has become final , to report on the proactive measures taken . these could consist of measures to prevent the re - upload of terrorist content , removed or access to it disabled as a result of a removal order or referrals they received , checking against publicly or privately - held tools containing known terrorist content . they may also employ the use of reliable technical tools to identify new terrorist content , either using those available on the market or those developed by the hosting service provider . the service provider should report on the specific proactive measures in place in order to allow the competent authority to judge whether the measures are necessary , effective and proportionate and whether , if automated means are used , the hosting service provider has the necessary abilities for human oversight and verification . in assessing the effectiveness , necessity and proportionality of the measures , competent authorities should take into account relevant parameters including the number of removal orders and referrals issued to the provider , their economic capacity and the impact of its service in disseminating terrorist content , as well as the safeguards put in place to protect freedom of expression and information and the number of incidents of restrictions on legal content .


### ‘ dissemination of terrorist content’ means making terrorist content available to third parties on the hosting service providers’ services ; ### ‘ dissemination of terrorist content’ means making terrorist content available to the public on the hosting service providers’ services ;


### 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 the competent authority should take to restrict the dissemination of terrorist content online , this regulation should establish a definition of terrorist content in line with the definition of terrorist offences under directive 2017 / 541 of the european parliament and of the council 9 . given the need to address terrorist propaganda online , the definition should capture material and information that intentionally incites or advocates the commission of terrorist offences , or intentionally provides instructions for the making and use of explosives , firearms or other weapons or noxious or hazardous substances for the purpose of the commission of such offences , knowing that the skills provided are intended to be used for this purpose , or participates 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 should take into account factors such as the nature and wording of the statements , the context in which the statements were made , their intentionality and their potential to lead to harmful consequences , thereby affecting the security and safety of persons . the fact that the content was produced by , are 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 , journalistic or research purposes should be strongly protected . where the disseminated material is published under the editorial responsibility of the hosting provider , any decision as to the removal of such content should take into account the journalistic standards established by press 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 . the right to such expression 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 service provider pursuant to this regulation resides or is established , as well as the court of the member state where the content provider is based . __________________ 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 .


### 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 in the context of this regulation , the possibility for users to contest the removal of content resulting from measures taken by the hosting service provider as foreseen in this regulation and to be informed of effective means of remedies . it also includes the right for hosting service providers and content providers to effectively contest the removal orders , imposed proactive measures or penalties before the court of the member state whose authorities issued the removal order , imposed proactive measures or penalties , or the court where the hosting service provider is established or represented .


### 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 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 , whilst taking into account the fundamental importance of the freedom of expression and information in an open and democratic society .


### safeguards shall consist , in particular , of human oversight and verifications where appropriate and , in any event , where a detailed assessment of the relevant context is required in order to determine whether or not the content is to be considered terrorist content . ### safeguards shall consist , in particular , of human oversight and verifications of the appropriateness of the decision to remove or deny access to content , in particular with regard to the right to freedom of expression and information . human oversight shall be required where a detailed assessment of the relevant context is required in order to determine whether or not the content is to be considered terrorist content .


### hosting service providers shall , where appropriate , take proactive measures to protect their services against the dissemination of terrorist content . the measures shall be effective and proportionate , taking into account the risk and level of exposure to terrorist content , the fundamental rights of the users , and the fundamental importance of the freedom of expression and information in an open and democratic society . ### hosting service providers may , where appropriate , in particular where there is a non - incidental level of exposure to terrorist content and receipt of removal orders , take proactive measures to protect their services against the dissemination of terrorist content . the measures shall be effective , targeted and proportionate to the risk and level of exposure to terrorist content , paying particular regard to the fundamental rights of the users , and the fundamental importance of the freedom of expression and information in an open and democratic society .


### penalties are necessary to ensure the effective implementation by hosting service providers of the obligations pursuant to this regulation . member states should adopt rules on penalties , including , where appropriate , fining guidelines . particularly severe penalties shall be ascertained in the event that the hosting service provider systematically fails to remove terrorist content or disable access to it within one hour from receipt of a removal order . non - compliance in individual cases could be sanctioned while respecting the principles of ne bis in idem and of proportionality and ensuring that such sanctions take account of systematic failure . in order to ensure legal certainty , the regulation should set out to what extent the relevant obligations can be subject to penalties . penalties for non - compliance with article 6 should only be adopted in relation to obligations arising from a request to report pursuant to article 6 or a decision imposing additional proactive measures pursuant to article 6 . when determining whether or not financial penalties should be imposed , due account should be taken of the financial resources of the provider . member states shall ensure that penalties do not encourage the removal of content which is not terrorist content . ### penalties are necessary to ensure the effective implementation by hosting service providers of the obligations pursuant to this regulation . member states should adopt rules on penalties , including , where appropriate , fining guidelines . particularly severe penalties shall be ascertained in the event that the hosting service provider systematically fails to remove terrorist content or disable access to it within one hour from receipt of a removal order , depending on the size and means of the hosting service provider . non - compliance in individual cases could be sanctioned while respecting the principles of ne bis in idem and of proportionality and ensuring that such sanctions take account of systematic failure . in order to ensure legal certainty , the regulation should set out to what extent the relevant obligations can be subject to penalties . penalties for non - compliance with article 6 should only be adopted in relation to obligations arising from a request to report pursuant to article 6 or a decision imposing additional proactive measures pursuant to article 6 . when determining whether or not financial penalties should be imposed , due account should be taken of the financial resources of the provider . member states shall ensure that penalties do not encourage the removal of content which is not terrorist content .


### ' hosting service provider ' means a provider of information society services consisting in the storage of information provided by and at the request of the content provider and in making the information stored available to third parties ; ### ' hosting service provider ' means a provider of information society services consisting in the storage of information provided by and at the request of the content provider and in making the information stored available to the public ;


### hosting service providers shall promptly examine every complaint that they receive and reinstate the content without undue delay where the removal or disabling of access was unjustified . they shall inform the complainant about the outcome of the examination . ### hosting service providers shall promptly examine every complaint that they receive and reinstate the content without undue delay where the removal or disabling of access was unjustified . they shall inform the complainant about the outcome of the examination within two weeks of the receipt of the complaint .


### each member state shall designate the authority or authorities competent to ### each member state shall designate the authority competent to :


### the competent authority should transmit the removal order directly to the addressee and point of contact by any electronic means capable of producing a written record under conditions that allow the service provider to establish authenticity , including the accuracy of the date and the time of sending and receipt of the order , such as by secured email and platforms or other secured channels , including those made available by the service provider , in line with the rules protecting personal data . this requirement may notably be met by the use of qualified electronic registered delivery services as provided for by regulation 910 / 2014 of the european parliament and of the council12 . __________________ 12 regulation no 910 / 2014 of the european parliament and of the council of 23 july 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing directive 1999 / 93 / ec . ### the competent authority should transmit the removal order directly to the addressee and point of contact by any electronic means capable of producing a written record under conditions that establish the authenticity of the order without unreasonable financial or other burden on the service provider , including the accuracy of the date and the time of sending and receipt of the order , such as by secured email and platforms or other secured channels , including those made available by the service provider , in line with the rules protecting personal data . this requirement may notably be met by the use of qualified electronic registered delivery services as provided for by regulation 910 / 2014 of the european parliament and of the council12 . __________________ 12 regulation no 910 / 2014 of the european parliament and of the council of 23 july 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing directive 1999 / 93 / ec .


### hosting service providers shall set out in their terms and conditions their policy to prevent the dissemination of terrorist content , including , where appropriate , a meaningful explanation of the functioning of proactive measures including the use of automated tools . ### hosting service providers shall set out in their terms and conditions their policy to prevent the dissemination of terrorist content , including a meaningful explanation of the functioning of proactive measures in particular on the use of automated tools .


### the extent to which the functioning of the service is disrupted ; ### the extent to which the functioning of the network or service is affected ;


### member states may impose reasonable ‘ must carry’ obligations , for the transmission of specified radio and television broadcast channels and related complementary services , particularly accessibility services to enable appropriate access for disabled end - users and data supporting connected tv services and electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channels to the public where a significant number of end - users of such networks use them as their principal means to receive radio and television broadcast channels . such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent . ### member states may impose reasonable ' must carry ' obligations , for the transmission of specified radio and television broadcast channels and related complementary services , particularly accessibility services to enable appropriate access to content and electronic programming guide for end - users with disabilities and data supporting connected tv services and electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks and services used for the distribution of radio or television broadcast channels to the public where a significant number of end - users of such networks and services use them as their principal means to receive radio and television broadcast channels . such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent . member states shall only impose ' must carry ' obligations on analogue television broadcast transmissions where a lack of such an obligation would cause a significant disturbance for a significant number of end - users or where there are no other transmission means for specified television broadcast channels . ' must carry ' obligations referred to in the first subparagraph shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent .


### member states shall collect the information required pursuant to this regulation using all the sources they consider relevant and appropriate . these may include administrative data sources such as business registers . ### in article 3 , paragraph 1 is replaced by the following : member states shall collect the information required pursuant to this regulation using all the sources they consider relevant and appropriate . these may include administrative data sources such as business registers including the central registers of information on the ultimate beneficial owners of corporate and other legal entities referred to in the anti - money laundering directive xxx or the glei established by the oecd and the databases established in the framework of the coordinated direct investment survey initiative of the imf .


### article 5 data flows the statistics to be produced shall be grouped for transmission to the commission according to the following data flows : balance of payments euro indicators ; balance of payments quarterly statistics ; international trade in services ; foreign direct investment flows ; fdi positions . the data flows shall be as further specified in annex i . ### article 5 is replaced by the following article 5 data flows the statistics to be produced shall be grouped for transmission to the commission according to the following data flows : balance of payments euro indicators ; balance of payments quarterly statistics ; international trade in services ; foreign direct investment flows ; fdi positions . 2 . the statistics to be produced shall aggregate fdi outflows on the basis of the country of incorporation of the ultimate beneficial owner of the economic unit controlling the outflow . 3 . the statistics to be produced shall differentiate foreign direct investment inflows between flows resulting in greenfield investments by an increase in gross capital formation or an increase in working capital of an economic unit from takeovers which result only in a change in ownership of an economic unit over the yearly reference period . 4 . the statistics produced in conformity with paragraphs 1 to 3 shall be transmitted to the commission . 5 . the data flows referred to in paragraph 1 shall be as further specified in annex i .


### having regard to the treaty on the functioning of the european union , and in particular articles 43 , 91 , 100 , 114 , 192 , 194 and 337 thereof , ### having regard to the treaty on the functioning of the european union , and in particular article 337 thereof ,


### no sooner than three years after the date of application of this directive , the commission shall carry out an evaluation of this directive and present a report on the main findings to the european parliament , the council and the european economic and social committee and the committee of the regions . ### no later than five years after the date of application of this directive , the commission shall carry out an evaluation of this directive and present a report on the main findings to the european parliament , the council and the european economic and social committee and the committee of the regions . based on the outcome of this evaluation , the commission shall propose , where appropriate , necessary amendments and modifications to the scope of this directive .


### this directive applies to certain unfair trading practices which occur in relation to the sales of food products by a supplier that is a small and medium - sized enterprise to a buyer that is not a small and medium - sized enterprise . ### this directive applies to certain unfair trading practices which occur in relation to the sales of agricultural and food products , as well as to the services related to those products , by a supplier to a buyer that is not a small and medium - sized enterprise .


### “perishable food products” means food products that will become unfit for human consumption unless they are stored , treated , packaged or otherwise conserved to prevent them from becoming unfit . ### “perishable agricultural and food products” means agricultural and food products that will become unfit for proper use or consumption unless they are stored , treated , packaged or otherwise conserved to prevent them from becoming unfit .


### “supplier” means any agricultural producer or any natural or legal person , irrespective of their place of establishment , who sells food products . the term “supplier” may include a group of such agricultural producers or such natural and legal persons , including producer organisations and associations of producer organisations ; ### “supplier” means any agricultural producer , food processor or any natural or legal person , established in the union , who sells food products ; the term “supplier” may include a group of such agricultural producers or such natural and legal persons , including producer organisations , associations of producer organisations or agricultural cooperatives ;


### member states shall ensure that the enforcement authority is properly equipped and shall confer on it the following powers : ### member states shall ensure that the enforcement authority is properly equipped to encourage the proper and fair functioning of the agricultural and food supply chain . they shall confer on it the following powers :


### this directive applies to certain unfair trading practices which occur in relation to the sales of food products by a supplier that is a small and medium - sized enterprise to a buyer that is not a small and medium - sized enterprise . ### this directive applies to certain unfair trading practices which occur in relation to the sales of food products by a supplier to a buyer .


### this directive applies to certain unfair trading practices which occur in relation to the sales of food products by a supplier that is a small and medium - sized enterprise to a buyer that is not a small and medium - sized enterprise . ### this directive applies to unfair trading practices which occur in relation to the sales of agricultural and food products by a supplier .


### this directive applies to certain unfair trading practices which occur in relation to the sales of food products by a supplier that is a small and medium - sized enterprise to a buyer that is not a small and medium - sized enterprise . ### this directive apply to certain unfair trading practices which occur in relation to the sales of food products by a supplier to a buyer .


### to strengthen the impact of research and innovation in developing , supporting and implementing union policies , and support the uptake of innovative solutions in industry and society to address global challenges ; ### to strengthen the role of research and innovation in achieving growth , sustainable development and in developing , supporting and implementing union policies , objectives and commitments , and support equitable access to and the uptake of innovative solutions in industry and society to address global challenges and improve people ' s well - being ;


### eur 15 000 000 000 for cluster ' digital and industry ' ; ### eur 25 000 000 000 for cluster ' digital , industry and space ' ;


### beneficiaries having received union funding shall use their best efforts to exploit their results , in particular in the union . exploitation may be done directly by the beneficiaries or indirectly in particular through the transfer and licensing of results in accordance with article 36 . ### beneficiaries having received union funding shall use their best efforts to exploit their results , by priority in the union and / or associated countries . exploitation may be done directly by the beneficiaries or indirectly in particular through the transfer and licensing of results in accordance with article 36 .


### resources allocated to member states under shared management and transferrable in accordance with article 21 of regulation xx [ …common provisions regulation ] may , at their request , be transferred to the programme . the commission shall implement those resources directly in accordance with point of article 62 of the financial regulation or indirectly in accordance with point of that article . where possible , those resources shall be used for the benefit of the member state concerned . ### resources allocated to member states under shared management from the european regional development fund and the european social fund + may , in justified cases , at the request of a member state , be transferred to specific projects under the programme , under the condition that they contribute to the objectives of the programme from which the transfer stems . the commission shall implement those resources directly in accordance with point of article 62 of the financial regulation or indirectly in accordance with point of that article . those resources shall be used for the benefit of the member state concerned .


### proposals shall be systematically screened to identify those actions raising complex or serious ethics issues and submit them to an ethics assessment . the ethics assessment shall be carried out by the commission unless it is delegated to the funding body . for actions involving the use of human embryonic stem cells or human embryos , an ethics assessment shall be mandatory . ethics screenings and assessments shall be carried out with the support of ethics experts . the commission and the funding bodies shall ensure the transparency of the ethics procedures as much as possible . ### proposals shall be systematically screened to identify those actions raising complex or serious ethics issues and submit them to an ethics assessment . the ethics assessment shall be carried out by the commission unless it is delegated to the funding body . for actions involving the use of human embryonic stem cells or human embryos , an ethics assessment shall be mandatory . ethics screenings and assessments shall be carried out with the support of ethics experts . the commission and the funding bodies shall ensure the transparency of the ethics procedures .


### the financial envelope for the implementation of the framework programme for the period 2021 &#8211 ; 2027 shall be eur 94 100 000 000 in current prices for the specific programme referred to in article 1 and , in addition , the amount for the specific programme referred to in article 1 , as laid down in regulation&#8230 ; . establishing the european defence fund . ### the financial envelope for the implementation of the framework programme for the period 2021 &#8211 ; 2027 shall be eur 120 000 000 000 in constant prices for the specific programme referred to in article 1 and , in addition , the amount for the specific programme referred to in article 1 , as laid down in regulation&#8230 ; . establishing the european defence fund .


### to foster all forms of innovation , including breakthrough innovation , and strengthen market deployment of innovative solutions ; ### to foster all forms of innovation , including breakthrough innovation , social and economic innovation and strengthen market deployment of knowledge and innovative solutions ;


### to support the creation and diffusion of high - quality new knowledge , skills , technologies and solutions to global challenges ; ### to promote , spread and develop scientific excellence ; support the creation and diffusion of high - quality new knowledge , skills , technologies ; contribute to addressing global challenges ; and strengthen the european knowledge base ;


### to foster all forms of innovation , including breakthrough innovation , and strengthen market deployment of innovative solutions ; ### to foster all forms of innovation , including breakthrough and social innovation , and strengthen deployment knowledge ;


### impact ; ### societal , scientific and / or economic impact ;


### open access to scientific publications resulting from research funded under the programme shall be ensured in accordance with article 35 . open access to research data shall be ensured in line with the principle ' as open as possible , as closed as necessary ' . open access to other research outputs shall be encouraged . ### open access to scientific publications resulting from research funded under the programme shall be ensured in accordance with article 35 . open access to research data underlying published research findings shall be ensured in line with the principle ' as open as possible , as closed as necessary ' . open access to other research outputs and other relevant research data shall be encouraged .


### in addition to the criteria set out in article 197 of the financial regulation , for beneficiaries with project - based remuneration , costs of personnel are eligible up to the remuneration that the person is paid for work in similar projects funded by national schemes . ### by derogation from the criteria set out in article 197 of the financial regulation , for beneficiaries with project - based remuneration , costs of personnel are eligible based on unique remuneration calculated at the european union level for researchers participating in the programme , in accordance with the principle ”equal pay for equal work” .


### by derogation from article 237 of the financial regulation , external experts may be selected without a call for expressions of interest , if justified and the selection is carried out in a transparent manner . ### by derogation from article 237 of the financial regulation , external experts may be selected without a call for expressions of interest , only if a call for expressions of interest has not identified suitable external experts . any selection of external experts without a call for expressions of interest must be duly justified and the selection is carried out in a transparent manner .


### by derogation from article 203 of the financial regulation , a certificate on the financial statements shall be mandatory at payment of the balance , if the amount claimed as actual costs and unit costs calculated in accordance with usual cost accounting practices is equal to or greater than eur 325 000 . ### by derogation from article 203 of the financial regulation , a certificate on the financial statements shall be mandatory at the final financial report , if the amount claimed as actual costs and unit costs calculated in accordance with usual cost accounting practices is equal to or greater than eur 325 000 .


### by derogation from article 237 of the financial regulation , external experts may be selected without a call for expressions of interest , if justified and the selection is carried out in a transparent manner . ### by derogation from article 237 of the financial regulation , independent external experts may exceptionally be selected without a call for expressions of interest , if justified and the selection is carried out in a transparent manner . such experts will need to prove their independence and capacity to support the european long - term rdi objectives .


### the action may also be terminated where expected results have lost their relevance for the union due to scientific , technological or economic reasons , including in the case of eic and missions , their relevance as part of a portfolio of actions . ### following consultation with independent experts and provided sufficient notice is given to beneficiaries , the action may also be terminated where expected results have lost their relevance for the union due to scientific , technological or economic reasons , including in the case of eic and missions , their relevance as part of a portfolio of actions .


### beneficiaries having received union funding shall use their best efforts to exploit their results , in particular in the union . exploitation may be done directly by the beneficiaries or indirectly in particular through the transfer and licensing of results in accordance with article 36 . ### beneficiaries having received union funding shall use their best efforts to exploit their results , by priority in the union . exploitation may be done directly by the beneficiaries or indirectly in particular through the transfer and licensing of results in accordance with article 36 .


### cluster ' digital and industry ' ; ### cluster ' digital , industry and space ' ;


### the grant agreement may establish milestones and related pre - financing installments . if milestones are not met , the action may be suspended , amended or terminated . ### the grant agreement shall establish milestones and related pre - financing instalments . if milestones are not met , the action may be suspended , amended or terminated .


### the conditions determining the level of financial contribution shall ensure an automatic correction of any significant imbalance compared to the amount that entities established in the associated country receive through participation in the programme , taking into account the costs in the management , execution and operation of the programme . ### the conditions determining the level of financial contribution shall ensure an automatic correction of any significant imbalance compared to the amount that entities established in the associated country receive through participation in the programme , taking into account the costs in the management , execution and operation of the programme . the balance of the financial contribution of associated countries shall be considered over the life span of the programme .


### the programme ' s general objective is to deliver scientific , economic and societal impact from the union ' s investments in research and innovation so as to strengthen the scientific and technological bases of the union and foster its competitiveness , including in its industry , deliver on the union strategic priorities , and contribute to tackling global challenges , including the sustainable development goals . ### the programme ' s general objective is to deliver scientific , economic and societal impact from the union ' s investments in research and innovation so as to strengthen the scientific and technological bases of the european research area and foster its competitiveness , including in its industry , research excellence and fundamental research , deliver on the union strategic priorities , and contribute to tackling global challenges , including the sustainable development goals .


### responsible management of research data shall be ensured in line with the principles ‘ findability’ , ‘ accessibility’ , ‘ interoperability’ and ‘ reusability’ . ### responsible management of research data shall be ensured in line with the principles ‘ findability’ , ‘ accessibility’ , ‘ interoperability’ , ‘ reusability’ and with regard to all relevant union legislation on data protection .


### be bold and inspirational , and hence have wide societal or economic relevance ; ### be bold and inspirational , and with wide societal , scientific and / or economic relevance ;


### –the proposal shall stem from any other action funded by horizon 2020 or this programme , or from a national programme similar to the eic ' s pathfinder and acknowledged as such by the commission ; ### –the proposal shall stem from any other action funded by horizon 2020 or this programme ;


### the programme ' s general objective is to deliver scientific , economic and societal impact from the union ' s investments in research and innovation so as to strengthen the scientific and technological bases of the union and foster its competitiveness , including in its industry , deliver on the union strategic priorities , and contribute to tackling global challenges , including the sustainable development goals . ### the programme ' s general objective is to deliver scientific , economic and societal impact from the union ' s investments in research and innovation so as to strengthen the scientific and technological bases of the european research area and foster its competitiveness , including in its research , excellence , fundamental research industry , deliver on the union strategic priorities , and contribute to tackling global challenges , including the sustainable development goals .


### adhere to the principles of union added value , transparency , openness , impact , leverage effect , long - term financial commitment of all the involved parties , flexibility , coherence and complementarity with union , local , regional national and international initiatives ; ### adhere to the principles of union added value , transparency , openness , impact , leverage effect , long - term financial commitment of all the involved parties , flexibility , coherence , data protection and complementarity with union , local , regional national and international initiatives ;


### the commission may reject a proposal retained by independent experts for justified reasons , including compliance with the objectives of union policies . ### the commission may reject a proposal retained by independent experts for justified reasons , including compliance with the objectives of union policies . subject to the opinion of the programme committee under the examination procedure .


### –fully or partially composed of external independent experts , ### –composed of external independent experts ,


### participation in and financial contribution to a programme of research and innovation activities , based on the commitment of the partners for financial and in - kind contributions and integration of their relevant activities using a programme co - fund action ; ### participation in and financial contribution to a programme of research and innovation activities specifying the objectives , key performance and impact indicators and outputs to be delivered , , based on the commitment of the partners for financial and in - kind contributions and integration of their relevant activities using a programme co - fund action ; financial contribution stemming from esif shall be allowed and perceived as national contributions ;


### article 11 is amended as follows : in paragraph , the following subparagraph is added : ' by way of derogation from point of the first subparagraph , the use or keeping on board of bottom set gillnets , entangling nets or trammel nets shall not be prohibited where the conditions established in that point cannot be complied with because of unintended catches of marine organisms subject to the landing obligation set out in article 15 of regulation [ xxxx ] . those unintended catches shall be landed and counted against quotas . ' ### article 11 is amended as follows : in paragraph , the following subparagraph is added : ' by way of derogation from point of the first subparagraph , the catch composition rules set out in annexes vi to vii to this regulation shall not apply in the case of fisheries to which the landing obligation set out in article 15 of regulation 1380 / 2013 applies as from 1 january 2015 . '


### all catches below the applicable minimum conservation reference size retained on board a union fishing vessel shall be placed in boxes , compartments or containers separately for each stock in such a way that they are identifiable from other boxes , compartments or containers . ### all catches below the applicable minimum conservation reference size retained on board a union fishing vessel shall be placed in boxes , compartments or containers in such a way that they are identifiable from other boxes , compartments or containers .


### the delegation of powers referred to in article 25a shall be conferred for an indeterminate period of time . ### the delegation of powers referred to in article 25a shall be conferred for a period of three years .


### by way of derogation from point of the first subparagraph , the use or keeping on board of bottom set gillnets , entangling nets or trammel nets shall not be prohibited where the conditions established in that point cannot be complied with because of unintended catches of marine organisms subject to the landing obligation set out in article 15 of regulation [ xxxx ] . those unintended catches shall be landed and counted against quotas . ### by way of derogation from point of the first subparagraph , only for those fisheries covered by the landing obligation as of 1 january 2015 , subject to article 15 of regulation 1380 / 2013 , the rules relating to catch composition established in annex x to this regulation are not applicable .


### unintended catches of undersized marine organisms which are subject to the landing obligation set out in article 15 of regulation [ xxxx ] shall be retained on board , and landed . they shall not be sold , displayed or offered for sale for human consumption . ### unintended catches of undersized marine organisms which are subject as from 1 january 2015 to the landing obligation set out in article 15 of regulation no 1380 / 2013 , which is to say sardines , anchovies , mackerel and horse mackerel caught using pelagic gear , shall be retained on board , and landed . they shall not be sold , displayed or offered for sale for human consumption .


### article 29e , the following subparagraph is added : ' where the fish referred to in point of the first subparagraph is subject to the landing obligation set out in article 15 of regulation [ xxxx ] , the condition laid down in that point shall be replaced by the condition that such fish is not targeted . unintended catches of such fish shall be landed and counted against quotas . ' ### article 29e , the following subparagraph is added : ' unintended catches of species subject as from 1 january 2015 to the landing obligation set out in article 15 of regulation 1380 / 2013 shall be landed and counted against quotas . however , targeted fishing for species not listed in point b ) shall be prohibited” ;


### proposal for a regulation of the european parliament and of the council amending council regulations no 850 / 98 , no 2187 / 2005 , no 1967 / 2006 , no 1098 / 2007 , no 254 / 2002 , no 2347 / 2002 and no 1224 / 2009 and repealing no 1434 / 98 as regards the landing obligation ### proposal for a regulation of the european parliament and of the council amending council regulations no 850 / 98 , no 2187 / 2005 , no 1967 / 2006 , no 1098 / 2007 , no 254 / 2002 , no 2347 / 2002 , no 1224 / 2009 and no 1380 / 2013 and repealing no 1434 / 98 as regards the landing obligation


### by way of derogation from point of the first subparagraph , the use or keeping on board of bottom set gillnets , entangling nets or trammel nets shall not be prohibited where the conditions established in that point cannot be complied with because of unintended catches of marine organisms subject to the landing obligation set out in article 15 of regulation [ xxxx ] . those unintended catches shall be landed and counted against quotas . ### by way of derogation from point of the first subparagraph , the catch composition rules set out in annexes vi to vii to this regulation shall not apply in the case of fisheries to which the landing obligation set out in article 15 of regulation no 1380 / 2013 applies as from 1 january 2015 .


### member states shall take the necessary measures to ensure that by 2030 the amount of municipal waste landfilled is reduced to 10% of the total amount of municipal waste generated . ### the targets laid down in the directive 1999 / 31 / ec of the european parliament and of the council1ashould first reach a satisfactory level so that new targets for 2030 can be set . __________________ 1a directive 2008 / 98 / ec of the european parliament and of the council of 19 november 2008 on waste and repealing certain directive


### estonia , greece , croatia , latvia , malta , romania and slovakia may obtain five additional years for the attainment of the target referred to in paragraph 5 . the member state shall notify the commission of its intention to make use of this provision at the latest 24 months before the deadline laid down in paragraph 5 . in the event of an extension , the member state shall take the necessary measures to reduce by 2030 the amount of municipal waste landfilled to 20% of the total amount of municipal waste generated . ### in order to motivate member states performing below the eu average and to increase the overall compliance , the commission considers it as priority to set realistic and understandable targets .


### the efsi should target projects delivering high societal and economic value . in particular , the efsi should target projects that promote job creation , long - term growth and competitiveness . the efsi should support a wide range of financial products , including equity , debt or guarantees , to best accommodate the needs of the individual project . this wide range of products should allow the efsi to adapt to market needs whilst encouraging private investment in the projects . the efsi should not be a substitute for private market finance but should instead catalyse private finance by addressing market failures so as to ensure the most effective and strategic use of public money . the requirement for consistency with state aid principles should contribute to such effective and strategic use . ### the efsi should target projects delivering high societal and economic value . in particular , the efsi should target projects that promote job creation , long - term growth and competitiveness , especially infrastructure measures . the efsi should support a wide range of financial products , including equity , debt or guarantees , to best accommodate the needs of the individual project . this wide range of products should allow the efsi to adapt to market needs whilst encouraging private investment in the projects . the efsi should not be a substitute for private market finance but should instead catalyse private finance by addressing market failures , without adding to administrative burden or creating additional payment systems , which would undermine the efficiency of the efsi’s objectives , so as to ensure the most effective and strategic use of public money . the requirement for consistency with state aid principles should contribute to such effective and strategic use .


### development of infrastructure , including in the areas of transport , particularly in industrial centres ; energy , in particular energy interconnections ; and digital infrastructure ; ### development of infrastructure , including in the areas of transport , particularly in industrial centres and rural areas ; energy , in particular energy interconnections ; and digital and telecommunication infrastructure , particularly in order to reduce rural isolation ;


### the purpose of the efsi should be to help resolve the difficulties in financing and implementing productive investments in the union and to ensure increased access to financing . it is intended that increased access to financing should be of particular benefit to small and medium enterprises . it is also appropriate to extend the benefit of such increased access to financing to mid - cap companies , which are companies having up to 3000 employees . overcoming europe ' s current investment difficulties should contribute to strengthening the union ' s economic , social and territorial cohesion . ### the purpose of the efsi should be to help resolve the difficulties in financing and implementing productive investments in the union and to ensure increased access to financing . it is intended that increased access to financing should be of particular benefit to small and medium enterprises . it is also appropriate to extend the benefit of such increased access to financing to mid - cap companies , which are companies having up to 3000 employees . overcoming europe ' s current investment difficulties should contribute to strengthening the union ' s competitiveness , growth potential and economic , social and territorial cohesion .


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


### the efsi should be established within the eib in order to benefit from its experience and proven track record and in order for its operations to start to have a positive impact as quickly as possible . the work of the efsi on providing finance to small and medium enterprises and small mid - cap companies should be channelled through the european investment fund to benefit from its experience in these activities . ### the efsi should be established within the eib in order to benefit from its experience and proven track record and in order for its operations to start to have a positive impact as quickly as possible . the work of the efsi on providing finance to small and medium enterprises , in particular , to enterprises operating in rural areas and in areas where agricultural processing is predominant and small mid - cap companies should be channelled through the european investment fund to benefit from its experience in these activities .


### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive by [ date : 1 , 5 years after the entry into force ] at the latest . they shall forthwith communicate to the commission the text of those provisions . ### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive by [ date : 2 years after the entry into force ] at the latest . they shall forthwith communicate to the commission the text of those provisions .


### it is the strategic objective of the union to halve the number of road deaths by 2020 compared to 2010 and to move close to zero fatalities by 2050 13 . however , progress towards achieving these objectives has stalled in recent years . _________________ 13 communication from the commission ' towards a european road safety area : policy orientations on road safety 2011 - 2020 ' 389 final ) ### it is the strategic objective of the union to halve the number of road deaths by 2020 compared to 2010 and to move close to zero fatalities by 2050 13 . however , progress towards achieving these objectives has stalled in recent years . greater efforts are therefore needed at all levels in order to attain the 2020 target . _________________ 13 communication from the commission ' towards a european road safety area : policy orientations on road safety 2011 - 2020 ' 389 final )


### in order to implement the programme , the commission shall adopt annual work programmes . those annual work programmes shall set out the objectives to be pursued , the expected results of the actions performed by the beneficiaries , the method of implementation of those actions and the total amount required to perform those actions . they shall also contain a description of the actions to be financed , an indication of the amount allocated to each action and an indicative implementation timetable . for the action grants , the annual work programmes shall set out priorities and essential award criteria . the maximum rate of co - financing shall be 60% of eligible costs . ### the commission shall implement the programme by means of annual work programmes in accordance with regulation no 966 / 2012 of the european parliament and of the council . the annual work programmes shall set out the objectives pursued , the expected results , the method of implementation and the total amount of the financing plan . they shall also contain a description of the actions to be financed , an indication of the amount allocated to each action and an indicative implementation timetable . for the action grants , the annual work programmes shall include priorities and the essential award criteria and maximum rate of co - financing . the maximum rate of direct co - financing shall be 60% of eligible costs . the maximum rate of cumulative non - direct union funding shall not exceed 70% of eligible costs of the beneficiary and the commission shall limit its annual contribution awarded under this programme to comply with this maximum amount .


### to that end , it is also important to ensure a minimum level of information and coordination with regard to foreign direct investments falling under the scope of this regulation in all member states . this information should be made available by the member states in which the foreign direct investment is planned or has been completed upon request of the member states or of the commission . relevant information includes aspects such as the ownership structure of the foreign investor and the financing of the planned or completed investment , including , when available , information about subsides granted by third countries . ### to that end , it is also important to ensure a minimum level of information exchange and coordination between member states with regard to foreign direct investments falling under the scope of this regulation in all member states . member states in which the foreign direct investment is planned or has been completed should make this information available upon request of the member states or of the commission or the investment screening coordination group . relevant information includes aspects such as the ownership structure of the foreign investor and the financing of the planned or completed investment , including information about subsides granted by third countries .


### in determining whether a foreign direct investment may affect security or public order , member states and the commission should be able to consider all relevant factors , including the effects on critical infrastructure , technologies , including key enabling technologies , and inputs which are essential for security or the maintenance of public order , and the disruption , loss or destruction of which would have a significant impact in a member state or in the union . in that regard , member states and the commission should also be able to take into account whether a foreign investor is controlled directly or indirectly by the government of a third country . ### in determining whether a foreign direct investment may affect security or public order , member states and the commission should be able to consider all relevant factors , including the effects on critical infrastructure , technologies , including key enabling technologies , which are essential for security or the maintenance of public order , and the disruption , loss or destruction of which would have a significant impact in a member state or in the union . in that regard , member states and the commission should also be able to take into account whether a foreign investor is controlled directly or indirectly by the government of a third country .


### where the commission considers that a foreign direct investment is likely to affect projects or programmes of union interest on grounds of security or public order , the commission may issue an opinion addressed to the member state where the foreign direct investment is planned or has been completed . ### where the commission considers that a foreign direct investment is likely to affect projects or programmes&#160 ; of union interest on grounds of security or public order , the commission may issue a non - binding&#160 ; opinion addressed to the member state where the foreign direct investment is planned or has been completed . this opinion should not be made publicly available .


### in determining whether a foreign direct investment is likely to affect security or public order , member states and the commission may take into account whether the foreign investor is controlled by the government of a third country , including through significant funding . ### in determining whether a foreign direct investment is likely to affect security or public order , member states and the commission shall take into account whether the foreign investor is controlled by the government , directly or indirectly , of a third country , including through significant funding , especially if that government does not fully respect international human rights law , international humanitarian law and is not complying with relevant international arms control norms such as the arms trade treaty , whether opaque ownership structures are used where the ultimate owner is not clear , or if common market rules are contravened . the commission or member states may assess positively geopolitical factors , such as whether the undertaking is based in a nato country .


### a broad range of investments which establish or maintain lasting and direct links between investors from third countries and undertakings carrying out an economic activity in a member state should be covered . ### a broad range of investments which establish or maintain lasting and direct links between investors from third countries and undertakings carrying out an economic activity in a member state should be covered . in addition , the framework for the screening of foreign direct investment should cover short - term investment masquerading as long - term commitment , including direct investment flows intended to avoid tax or for money laundering purposes , and investment channelled towards sectors with high research and product development expenditure with a view to acquiring technology .


### a mechanism which enables member states to cooperate and assist each other where a foreign direct investment in one member state may affect the security or public order of other member states should be set up . member states should be able to provide comments to a member state in which the investment is planned or has been completed , irrespective of whether the member states providing comments or the member states in which the investment is planned or has been completed maintain a screening mechanism or are screening the investment . the comments of member states should also be forwarded to the commission . the commission should also have the possibility , where appropriate , to issue an opinion to the member state in which the investment is planned or has been completed , irrespective of whether this member state maintains a screening mechanism or is screening the investment and irrespective of whether other member states have provided comments . ### a mechanism which enables member states to cooperate and assist each other where a foreign direct investment in one member state may affect the security or public order of other member states should be set up . member states should be able to adequately communicate , through appropriate channels , with any other member state in which an investment is planned or has been completed , irrespective of whether the member states providing comments or the member states in which the investment is planned or has been completed maintain a screening mechanism or are screening the investment . the comments of member states should also be forwarded to the commission . the commission should also have the possibility , where appropriate , to issue an opinion to the member state in which the investment is planned or has been completed , irrespective of whether this member state maintains a screening mechanism or is screening the investment and irrespective of whether other member states have provided comments .


### - critical infrastructure , including energy , transport , communications , data storage , space or financial infrastructure , as well as sensitive facilities ; ### - critical infrastructure , including critical material and raw materials , energy security , transport , communications , public health provision , media , data storage , aerospace or financial infrastructure , as well as sensitive facilities and security and defence industries and infrastructure , such as military bases , and foreign direct investment in land and real estate that may affect use of that defence infrastructure ;


### it is appropriate to lay down the essential elements of the procedural framework for the screening of foreign direct investment by member states to allow investors , the commission and other member states to understand how such investments are likely to be screened and to ensure that these investments are screened in a transparent manner and that they are non - discriminatory between third countries . those elements should at least include the establishment of timeframes for the screening and the possibility for foreign investors to seek judicial redress of screening decisions . ### it is appropriate to lay down the essential elements of the procedural framework for the screening of foreign direct investment by member states to allow investors , the commission and other member states to understand how such investments are likely to be screened and to ensure that these investments are screened in a transparent manner and that they are non - discriminatory between third countries . those elements should at least include the establishment of reasonable timeframes for the screening and the possibility for foreign investors to seek judicial redress of screening decisions , provided that the legal system of the member state concerned is not called into question , and that highly sensitive information is not made publicly available .


### it is important to provide legal certainty and to ensure eu wide coordination and cooperation by establishing a framework for the screening of foreign direct investment in the union on grounds of security or public order . this is without prejudice to the sole responsibility of the member states for the maintenance of national security . ### it is important to provide legal certainty and to ensure eu wide coordination and cooperation by establishing a framework for the screening of foreign direct investment in the union on grounds of security or public order . this legal certainty should not interfere with the sole responsibility of member states to mandate and control the national security of their respective countries and should have due account for the provisions of article 346 tfeu .


### member states shall ensure that the information requested by the commission and other member states pursuant to articles 8 and 9 is made available to the commission and the requesting member states without undue delay . ### member states shall ensure that the information requested by the commission pursuant to articles 8 and 9 is made available to the commission without undue delay .


### - access to sensitive information or the ability to control sensitive information . ### - access to sensitive or strategic national and european security information , or the ability to control sensitive or strategic security information .


### furthermore , the commission should have the possibility to screen foreign direct investments likely to affect projects and programmes of union interest on grounds of security or public order . this would give the commission a tool to protect projects and programmes which serve the union as whole and represent an important contribution to its economic growth , jobs and competitiveness . this should include in particular projects and programmes involving a substantial eu funding or established by union legislation regarding critical infrastructure , critical technologies or critical inputs . for greater clarity , an indicative list of projects or programmes of union interest in relation to which foreign direct investment can be subject to a screening by the commission should be listed in an annex . ### furthermore , the commission must screen foreign direct investments likely to affect projects and programmes of union interest on grounds of security or public order . this would give the commission a tool to protect projects and programmes which serve the union as whole and represent an important contribution to its economic growth , jobs and competitiveness . this should include , in particular , projects and programmes involving eu funding or established by union legislation regarding critical infrastructure , critical technologies or critical inputs . for greater clarity , an indicative and non - exhaustive list of projects or programmes of union interest in relation to which foreign direct investment can be subject to a screening by the commission is listed in the annex . in order to update that list , 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 . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement of 13 april 2016 on better law - making1a . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states’ experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts .


### member states shall inform the commission and the other member states of any foreign direct investments that are undergoing screening within the framework of their screening mechanisms , within 5 working days from the start of the screening . as part of the information , and when applicable , the screening member states shall endeavour to indicate whether it considers that the foreign direct investment undergoing screening is likely to fall within the scope of regulation no 139 / 2004 . ### member states&#160 ; shall inform the commission of any foreign direct investments that are undergoing screening within the framework of their screening mechanisms , within 5 working days from the start of the screening . as part of the information , and when applicable , the screening member states shall endeavour to indicate whether it considers that the foreign direct investment undergoing screening is likely to fall within the scope of regulation no 139 / 2004 .


### projects or programmes of union interest shall include in particular those projects and programmes which involve a substantial amount or a significant share of eu funding , or which are covered by union legislation regarding critical infrastructure , critical technologies or critical inputs . an indicative list of projects or programmes of union interest is included in annex 1 . ### projects or programmes of union interest shall include in particular those projects and programmes which involve a substantial amount or a significant share of eu funding , or which are covered by union legislation regarding critical infrastructure , and critical technologies . an indicative list of projects or programmes of union interest is included in annex 1 .


### the commission shall evaluate and present to the european parliament and the council a report on the application of this regulation no later than 3 years after its entry into force . member states shall be involved in this exercise and shall provide the commission with necessary information for the preparation of that report . ### each year after . . . [ date of the entry into force of this regulation ] , the commission shall present to the european parliament and the council a report on the application of this regulation setting out relevant information on the activities of member states ' and the commission ' s filtering systems . no later than . . . [ date three years after the entry into force of this regulation ] , the commission shall submit to the european parliament and the council an in - depth assessment of the frameworks for filtering foreign direct investment in europe and developments in filtering systems in non - eu jurisdictions , accompanied , where appropriate , by a legislative proposal .


### the commission shall address its opinion to the member state concerned within a reasonable period of time , and in any case no later than 25 working days following receipt of the information requested by the commission pursuant to paragraph 2 . where a member state has a screening mechanism in place as referred to in article 3 and the information on foreign direct investment undergoing screening has been received by the commission pursuant to article 8 , the opinion shall be delivered no later than 25 working days following receipt of such information . where additional information is needed to issue an opinion , the 25 - day period shall run from the date of receipt of the additional information . ### the commission shall address its opinion to the member state concerned within a reasonable period of time , and in any case no later than 25 working days following receipt of the information requested by the commission pursuant to paragraph 2 . where a member state has a screening mechanism in place as referred to in article 3 and the information on foreign direct investment undergoing screening has been received by the commission pursuant to article 8 , the opinion shall be delivered no later than 25 working days following receipt of such information .


### member states may maintain , amend or adopt mechanisms to screen foreign direct investments on the grounds of security or public order , under the conditions and in accordance with the terms set out in this regulation . ### member states shall maintain , amend or adopt mechanisms to screen foreign direct investments on their own territory . screening may be undertaken if necessary to protect security or to maintain public order and shall be done in particular on the basis of the terms set out in this regulation .


### - critical technologies , including artificial intelligence , robotics , semiconductors , technologies with potential dual use applications , cybersecurity , space or nuclear technology ; ### - critical technologies , including artificial intelligence , robotics , semiconductors , nanotechnologies , biotechnologies , other technologies with potential dual use applications , cybersecurity , military and defence technologies , cybersurveillance and intrusion technology , aerospace , space or nuclear technology or any other state - of - the - art technology of strategic importance , as well as undertakings in the supply chain for defence products and technologies where a risk of transfer to a country exists that poses a global or regional security risk ;