### the union has a long - lasting experience on providing specific support to national administrations and other authorities of member states as regards capacity building and similar actions in certain sectors and in relation to the implementation of cohesion policy . the experience gained by the union in assisting national authorities carrying out reforms should be used in order to enhance the capacity of the union to provide support to member states . comprehensive and integrated action is indeed necessary in order to provide support to those member states that are undertaking growth - enhancing reforms and request assistance from the union in this respect . ### the way in which the union has been operating over the years shows that it has no long - lasting experience on providing specific support to national administrations and other authorities of member states as regards capacity building and similar actions in certain sectors and in relation to the implementation of cohesion policy .


### against this background , it is necessary to establish a structural reform support programme with the objective of strengthening the capacity of member states to prepare and implement growth - enhancing administrative and structural reforms , including through assistance for the efficient and effective use of the union funds . the programme is intended to contribute to the achievement of common goals towards obtaining economic recovery , job creation , boosting europe ' s competitiveness and stimulating investment in the real economy . ### against this background , structural reform support programmes such as the memorandum programmes have demonstrated , especially in greece and portugal , that they contribute neither to growth or to greater economic prosperity in the member states but are , on the contrary , massively swelling the ranks of the unemployed , aggravating social inequalities and leaving millions of eu citizens destitute .


### further to a dialogue with the requesting member state , including in the context of the european semester , the commission should analyse the request , taking into account the principles of transparency , equal treatment and sound financial management and determine the support to be provided based on urgency , breadth and depth of the problems as identified , support needs in respect of the policy areas envisaged , analysis of socioeconomic indicators , and the general administrative capacity of the member state . the commission should also , in close cooperation with the member state concerned , identify the priority areas , the scope of the support measures to be provided and the global financial contribution for such support , taking into account the existing actions and measures financed by union funds or other union programmes . ### further to a dialogue with the requesting member state , including in the context of the european semester , the commission should analyse the request , taking into account the principles of transparency , equal treatment , subsidiarity and sound financial management and determine the technical support to be provided based on urgency , breadth and depth of the problems as identified , support needs in respect of the policy areas envisaged , analysis of socioeconomic indicators , the added value of the envisaged structural reforms for the union as a whole and the general administrative capacity of the member state . the commission should also , in close cooperation with the member state concerned , identify the priority areas , the scope of the support measures to be provided and the global financial contribution for such support , taking into account the existing actions and measures financed by union funds or other union programmes .


### the commission communications ‘ the eu budget review’13 and ‘ a budget for europe 2020’14 underline the importance of focusing funding on activities with clear european added value , i . e . where the union intervention can bring additional value compared to action of member states alone . against this background , the support actions carried out under the programme should ensure complementarity and synergy with other programmes and policies at national , union and international level . the actions under the programme should allow elaborating and implementing solutions that address national challenges which have impact on cross - border or union - wide challenges and achieve a consistent and coherent implementation of union law . in addition , they should contribute to further develop trust and promote cooperation with the commission and among member states . moreover , the union is in a better position than member states to provide a platform for the provision and sharing of good practices from peers as well as to mobilise expertise . _________________ 13 com700 of 19 october 2010 . 14 com500 final of 29 june 2011 . ### the commission communications ‘ the eu budget review’13 and ‘ a budget for europe 2020’14 underline the importance of focusing funding on activities with clear european added value , i . e . where the union intervention can bring additional value compared to action of member states alone . against this background , the support actions carried out under the programme should ensure complementarity and synergy with other programmes and policies at national , union and international level . the actions under the programme should allow elaborating and implementing solutions that address national challenges which have impact on cross - border or union - wide challenges and achieve a consistent and coherent implementation of union law . in addition , they should contribute to further develop trust and promote cooperation with the commission and among member states . moreover , the union is in a good position to provide a platform for the provision and sharing of good practices between member states as well as to mobilise expertise . _________________ 13 com700 of 19 october 2010 . 14 com500 final of 29 june 2011 .


### since the objective of this regulation , namely to contribute to the institutional , administrative and structural reforms in the member states by providing support to national authorities for measures aimed at reforming institutions , governance , administration , economic and social sectors , including through assistance for the efficient and effective use of the union funds cannot be sufficiently achieved by the member states alone , but can rather , by reason of their scale and effects , be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve that objective , since the scope of the support would be mutually agreed with the member state concerned . ### since the objective of this regulation , namely to contribute to the institutional , administrative and structural reforms in the member states by providing technical support to national and , where appropriate , regional authorities for measures aimed at structurally reforming institutions , governance , administration , economic and social sectors , including through assistance for the efficient and effective use of the union funds cannot be sufficiently achieved by the member states alone , but can rather , by reason of their scale and effects , be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve that objective , since the scope of the support would be mutually agreed with the member state or the region with vested legislative and executive powers concerned .


### definitions ### definitions and principles


### for the purposes of this regulation , the following definitions shall apply : ### for the purposes of this regulation , the following definitions and principles shall apply :


### the development and implementation of solutions that address national challenges which have impact on cross - border or union - wide challenges ; ### the development and implementation of solutions that address national challenges which arise from or have impact on cross - border or union - wide challenges ;


### to support the efforts of national authorities to define and implement appropriate processes and methodologies by taking into account good practices and lessons learned by other countries in addressing similar situations ; ### to support national authorities to design and implement their processes and methodologies , taking into account good practices and lessons learned by other countries in addressing similar situations ;


### the specific objectives set out in paragraph 1 shall refer to policy areas related to competitiveness , growth , jobs and investment , in particular to the following : ### the specific objectives set out in paragraph 1 shall refer to the following policy areas related to competitiveness , growth , jobs and investment :


### request for support ### request for technical support


### a member state wishing to receive support under the programme shall submit a request for support to the commission , identifying the policy areas and the priorities for support within the scope of the programme as set out in article 5 . this request shall be submitted at the latest by 31 october of each calendar year . ### a member state wishing to receive technical support under the programme shall submit a request for technical support to the commission , identifying the policy areas and the priorities for support within the scope of the programme as set out in article 5 . this request shall be submitted at the latest by 31 october of each calendar year .


### taking into account the principles of transparency , equal treatment and sound financial management , further to a dialogue with the member state , including in the context of the european semester , the commission shall analyse the request for support referred to in paragraph 1 based on the urgency , breadth and depth of the problems identified , support needs in respect of the policy areas concerned , analysis of socioeconomic indicators and general administrative capacity of the member state . taking into account the existing actions and measures financed by union funds or other union programmes , the commission in close cooperation with the member state concerned shall identify the priority areas for support , the scope of the support measures to be provided and the global financial contribution for such support . ### taking into account the principles of transparency , equal treatment , subsidiarity and sound financial management , further to a dialogue with the member state , including in the context of the european semester , the commission shall analyse the request for support referred to in paragraph 1 based on the urgency , breadth and depth of the problems identified , support needs in respect of the policy areas concerned , analysis of socioeconomic indicators , union added value and general administrative capacity of the member state . taking into account the existing actions and measures financed by union funds or other union programmes , the commission in close cooperation with the member state concerned shall identify the priority areas for support , the scope of the support measures to be provided and the global financial contribution for such support .


### the implementation of reforms in the context of economic governance processes , in particular of the relevant country specific recommendations issued in the context of the european semester or of relevant actions related to the implementation of union law ; ### the implementation of structural reforms in the context of economic governance processes , in particular of the relevant country specific recommendations issued in the context of the european semester or of relevant actions related to the implementation of union law ;


### the implementation of reforms by member states , undertaken at their own initiative , notably to achieve sustainable investment , growth and job creation . ### the implementation of structural reforms by member states , undertaken at their own initiative , notably to achieve sustainable investment , growth and job creation .


### organisation of support ### organisation of technical support


### the commission may define the support envisaged for beneficiary member states in cooperation with other member states or international organisations . ### the commission may define the technical support envisaged for beneficiary member states in cooperation with other member states or international organisations .


### the beneficiary member state , in coordination with the commission , may enter into partnership with one or more other member states which shall act as reform partners in respect of specific areas of reform . a reform partner shall , in coordination with the commission , help formulate strategy , reform roadmaps , design high - quality assistance or oversee implementation of strategy and projects . ### the beneficiary member state , in cooperation with the commission , may enter into partnership with one or more other member states which shall act as reform partners in respect of specific areas of reform . a reform partner shall , in cooperation with the commission , help formulate strategy , reform roadmaps , design high - quality assistance or oversee implementation of strategy and projects .


### the programme shall support easy access to advanced digital skills , notably in hpc , ai , distributed ledgers and cybersecurity for the current and future labour force by offering students , recent graduates , and existing workers , wherever they are situated , with the means to acquire and develop these skills . ### the programme shall support easy access to advanced digital skills , notably in hpc , ai , distributed ledgers and cybersecurity for the current and future labour force by offering students , recent graduates , jobseekers and existing workers , wherever they are situated , with the means to acquire and develop these skills .


### on 17 november 2017 , the european pillar of social rights was jointly proclaimed by the european parliament , the council and the commission as a response to social challenges in europe . the twenty key principles of the pillar are structured around three categories : equal opportunities and access to the labour market ; fair working conditions ; social protection and inclusion . the twenty principles of the european pillar of social rights should guide the actions under the european social fund plus . in order to contribute to the implementation of the european pillar of social rights the esf + should support investments in people and systems in the policy areas of employment , education and social inclusion , thereby supporting economic , territorial and social cohesion in accordance with article 174 tfeu . ### on 17 november 2017 , the european pillar of social rights was jointly proclaimed by the european parliament , the council and the commission as a response to social challenges in europe . the european pillar of social rights is a declaration of political intent but not a legal framework . to reach the goals of the european pillar of social rights , the goals of the european social fund plus have to be grounded on a legal basis of the current eu acquis and cannot transcend it . the twenty key principles of the pillar are structured around three categories : equal opportunities and access to the labour market ; fair working conditions ; social protection and inclusion . the twenty principles of the european pillar of social rights should guide the actions under the esf + . in order to contribute to the implementation of the european pillar of social rights the esf + should support investments in people and systems in the policy areas of employment , education and social inclusion , thereby supporting economic , territorial and social cohesion in accordance with article 174 tfeu , while respecting the principles of subsidiarity and proportionality .


### the types of financing and the methods of implementation under this regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to deliver results , taking into account , in particular , the costs of controls , the administrative burden , and the expected risk of non - compliance . for grants , this should include consideration of the use of lump sums , flat rates and unit costs , as well as financing not linked to costs as envisaged in article 125 of the financial regulation . to implement measures linked to the socio - economic integration of third country nationals , and in accordance with article 88 of the common provisions regulation , the commission may reimburse member states using simplified cost options including the use of lump sums . ### the types of financing and the methods of implementation under this regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to deliver results , taking into account , in particular , the costs of controls , the administrative burden , and the expected risk of non - compliance . the distribution of financial resources between programmes may not be changed unless based on a parliamentary decision . for grants , this should include consideration of the use of lump sums , flat rates and unit costs , as well as financing not linked to costs as envisaged in article 125 of the financial regulation .


### in view of this wider scope of the esf + it is appropriate to foresee that the aims to enhance the effectiveness of labour markets and promote access to quality employment , to improve the access to and the quality of education and training as well as to promote social inclusion and health and to reduce poverty are not only implemented under shared management , but also under direct and indirect management under the employment and social innovation and health strands for actions required at union level . ### the union should contribute to the employment policies of the member states by encouraging cooperation and by complementing their action . in view of this wider scope of the esf + it is appropriate to foresee that the aims to enhance the effectiveness of labour markets and promote access to quality employment , to improve the access to and the quality of education and training as well as to promote social inclusion and health and to reduce poverty are only implemented under shared management .


### the esf + should aim to promote employment through active interventions enabling integration into the labour market , notably for youth , the long - term unemployed and the inactive , as well as through promoting self–employment and the social economy . the esf + should aim to improve the functioning of labour markets by supporting the modernisation of labour market institutions such as the public employment services in order to improve their capacity to provide intensified targeted counselling and guidance during the job search and the transition to employment and to enhance workers’ mobility . the esf + should promote women’s participation in the labour market through measures aiming to ensure , amongst others , improved work / life balance and access to childcare . the esf + should also aim to provide a healthy and well - adapted working environment in order to respond to health risks related to changing forms of work and the needs of the ageing workforce . ### the esf + should , in close cooperation with the member states , aim to promote employment through active interventions enabling integration into the labour market , notably for youth , the long - term unemployed and the inactive , as well as through promoting self–employment and the social economy . the esf + should aim to improve the functioning of labour markets by supporting the modernisation of labour market institutions such as the public employment services in order to improve their capacity to provide intensified targeted counselling and guidance during the job search and the transition to employment and to enhance workers’ mobility . the esf + should promote women’s participation in the labour market through measures aiming to ensure , amongst others , improved work / life balance and access to childcare . the esf + should also aim to provide a healthy and well - adapted working environment in order to respond to health risks related to changing forms of work and the needs of the ageing workforce .


### the esf + should provide support to improving the quality , effectiveness and labour market relevance of education and training systems in order to facilitate the acquisition of key competences notably as regards digital skills which all individuals need for personal fulfilment and development , employment , social inclusion and active citizenship . the esf + should help progression within education and training and transition to work , support lifelong learning and employability , and contribute to competitiveness and societal and economic innovation by supporting scalable and sustainable initiatives in these fields . this could be achieved for example through work - based learning and apprenticeships , lifelong guidance , skills anticipation in cooperation with industry , up - to - date training materials , forecasting and graduate tracking , training of educators , validation of learning outcomes and recognition of qualifications . ### the esf + should provide support to improving the quality , effectiveness and labour market relevance of education and training systems in order to facilitate the acquisition of key competences notably as regards digital skills which all individuals need for personal fulfilment and development , employment , social inclusion and active citizenship . the esf + should help progression within education and training and transition to work and reintegration to work , support lifelong learning and employability , and contribute to competitiveness and societal and economic innovation by supporting scalable and sustainable initiatives in these fields . this could be achieved for example through work - based learning and apprenticeships , lifelong guidance , skills anticipation in cooperation with industry , up - to - date training materials , forecasting and graduate tracking , training of educators , validation of learning outcomes and recognition of qualifications .


### lack of access to finance for microenterprises , social economy and social enterprises is one of the main obstacles to business creation , especially among people furthest from the labour market . the esf + regulation lays down provisions in order to create a market eco - system to increase the supply of and access to finance for social enterprises as well as to meet demand from those who need it most , and in particular the unemployed , women and vulnerable people who wish to start up or develop a microenterprise . this objective will also be addressed through financial instruments and budgetary guarantee under the social investment and skills policy window of the investeu fund . ### lack of access to finance for microenterprises , notably in the cultural and creative sectors , social economy and social enterprises is one of the main obstacles to business creation , especially among people furthest from the labour market . the esf + regulation lays down provisions in order to create a market eco - system to increase the supply of and access to finance for social and cultural enterprises as well as to meet demand from those who need it most , and in particular the unemployed , women and vulnerable people who wish to start up or develop a microenterprise . this objective will also be addressed through financial instruments and budgetary guarantee under the social investment and skills policy window of the investeu fund .


### the esf + aims to support member states to achieve high employment levels , fair social protection and a skilled and resilient workforce ready for the future world of work , in line with the principles set out in the european pillar of social rights proclaimed by the european parliament , the council and the commission on 17 november 2017 . ### the esf + aims to support member states to achieve high employment levels , fair social protection and a skilled and resilient workforce ready for the future world of work , in line with the principles set out in the treaties of the european union and with regard to the european pillar of social rights proclaimed by the european parliament , the council and the commission on 17 november 2017 .


### member states having a rate of young people aged 15 to 29 not in employment , education or training above the union average in 2019 on the basis of eurostat data , shall allocate at least 10% of their esf + resources under shared management for the years 2021 to 2025 to targeted actions and structural reforms to support youth employment and school - to - work transition , pathways to reintegrate into education or training and second chance education , in particular in the context of implementing youth guarantee schemes . ### member states having a rate of young people aged 15 to 29 not in employment , education or training above the union average in 2019 on the basis of eurostat data , shall allocate at least 10% of their esf + resources under shared management for the years 2021 to 2025 to targeted actions and structural reforms to support youth employment and school - to - work transition , pathways to reintegrate into education or training and second chance education , in particular in the context of implementing those youth guarantee schemes that have empirically proven to be successful .


### data on the indicators for participants shall only be transmitted when all data required under point of annex 1 relating to that participant are available . ### personal data of individual persons related to indicators required under point 1a and 3 of annex 1 is collected from each participant . data on the indicators for participants shall only be transmitted when all data required under point of annex 1 relating to that participant are available


### the period of validity of the touring visa shall correspond to the length of authorised stay . ### the period of validity of the touring visa shall correspond to the length of authorised stay . the length of the stay in each member states shall not exceed 90 days in any 180 day period .


### if applicants hold a travel document that is recognised by one or more , but not all , member states the touring visa shall be valid for the territory of the member states which recognise the travel document , provided that the intended stay is longer than 90 days in any 180 - day period in the territory of the member states concerned . ### if applicants hold a travel document that is recognised by all member states , the touring visa shall only be valid for the territory of the member states which recognise the travel document , provided that the intended stay is longer than 90 days in any 180 - day period in the territory of the member states concerned .


### such a framework is a necessary part of a well - managed migration policy to reduce divergences among national resettlement practices and procedures , provide for the legal and safe arrival to the territory of the member states of third - country nationals and stateless persons in need of international protection , help reduce the risk of a large - scale irregular inflow of third - country nationals and stateless persons to the territory of the member states and thereby reducing the pressure of spontaneous arrivals on the member states ' asylum systems , be an expression of solidarity with countries in regions to which or within which a large number of persons in need of international protection has been displaced by helping to alleviate the pressure on those countries , help achieve union ' s foreign policy objectives by increasing the union ' s leverage vis - à - vis third countries , and effectively contribute to global resettlement initiatives through speaking with one voice in international fora and with third countries . ### a mandatory framework is an unnecessary part of a poorly - managed migration policy to enforce harmonisation among national resettlement practices and procedures .


### in order to help reduce the risk of a large - scale irregular inflow of third - country nationals and stateless persons to the territory of the member states , show solidarity with countries in regions to which or within which a large number of persons in need of international protection has been displaced by helping to alleviate the pressure on those countries , and help achieve the union ' s foreign policy objectives , the regions or third countries from which resettlement is to occur should fit in a tailored engagement with third countries to better manage migration as foreseen in the commission ' s communication of 7 june 2016 on establishing a new partnership framework with third countries under the european agenda on migration32 . _________________ 32 com 377 final . ### in order to reduce the risk of a large - scale irregular inflow of third - country nationals and stateless persons to the territory of the member states , show solidarity with countries in regions to which or within which a large number of persons in need of international protection has been displaced by helping to alleviate the pressure on those countries , and help achieve the union ' s foreign policy objectives , the regions or third countries from which resettlement is to occur should fit in a tailored engagement with third countries to better manage migration as foreseen in the commission ' s communication of 7 june 2016 on establishing a new partnership framework with third countries under the european agenda on migration32 . _________________ 32 com 377 final .


### the resettlement procedure should be concluded as soon as possible in order to discourage persons in need of international protection to use irregular ways to enter the european union to seek protection . at the same time it should ensure that member states have sufficient time for a full and adequate examination of each case . the time - limits should correspond to what is necessary to make the different types of assessment foreseen for the ordinary and expedited procedure . ### the resettlement procedure should be concluded as soon as possible in order to discourage persons in need of international protection to use irregular ways to enter the european union to seek protection . at the same time it should ensure that participating member states have sufficient time for a full and adequate examination of each case . the time - limits should correspond to what is necessary to make the different types of assessment foreseen for the ordinary procedure .


### resettled persons should be granted international protection . accordingly , the provisions on the content of international protection contained in the asylum acquis should apply as of the moment when resettled persons arrive on the territory of the member states , including the rules to discourage secondary movement of beneficiaries of international protection . ### resettled persons should be granted international protection . accordingly , the provisions on the content of international protection contained in the asylum acquis should apply as of the moment when resettled persons arrive on the territory of the participating member states , including the rules to discourage secondary movement of beneficiaries of international protection .


### given the expertise of unhcr in facilitating the different forms of admission of persons in need of international protection from third countries , to which they have been displaced , to member states willing to admit them , unhcr should continue to play a key role in resettlement efforts conducted under the union resettlement framework . in addition to unhcr , other international actors such as the international organisation for migration should be called upon to assist member states in the implementation of the union resettlement framework . ### given the expertise of unhcr in facilitating the different forms of admission of persons in need of international protection from third countries , to which they have been displaced , to participating member states willing to admit them , unhcr should continue to play a key role in resettlement efforts conducted under the union resettlement framework . in addition to unhcr , other international actors such as the international organisation for migration should be called upon to assist participating member states in the implementation of the union resettlement framework .


### this regulation does not affect the ability of the member states to adopt or implement national resettlement schemes , which do not jeopardise the attainment of the union’s objectives under this regulation , for example where they contribute an additional number of resettlement places to targeted union resettlement schemes established under this regulation going beyond their contribution to the maximum number of persons to be resettled under the annual union resettlement plan . ### this regulation does not affect the ability of both the participating and non - participating member states to adopt or implement national resettlement schemes .


### this regulation establishes a union resettlement framework for the admission of third - country nationals and stateless persons to the territory of the member states with a view to granting them international protection . ### this regulation establishes a union resettlement framework for the admission of third - country nationals and stateless persons to the territory of the participating member states with a view to granting them international protection .


### for the purposes of this regulation ' resettlement ' means the admission of third - country nationals and stateless persons in need of international protection from a third country to which or within which they have been displaced to the territory of the member states with a view to granting them international protection . ### for the purposes of this regulation ' resettlement ' means the admission of third - country nationals and stateless persons in need of international protection from a third country to which or within which they have been displaced to the territory of the participating member states with a view to granting them international protection .


### provide for the legal and safe arrival of third - country nationals and stateless persons in need of international protection to the territory of the member states ; ### provide for the legal and safe arrival of third - country nationals and stateless persons in need of international protection to the territory of the participating member states ;


### third - country nationals and stateless persons who fall within at least one of the following categories : ### third - country nationals and stateless persons who fall within at least one of the following categories and meet the criteria set out in point of the first subparagraph :


### –women and girls at risk ; ### –women and girls at risk of sexual exploitation ;


### persons who have already been resettled by another member state in the implementation of this regulation , the conclusions of the representatives of the governments of the member states meeting within the council 11097 / 15 of 20 july 2015 , the eu - turkey statement of 18 march 2016 , the commission recommendation c 9490 of 15 december 2015 , or a national resettlement scheme ; and ### persons who have already been selected for resettlement , whether successfully or not , by another member state in the implementation of this regulation , the conclusions of the representatives of the governments of the member states meeting within the council 11097 / 15 of 20 july 2015 , the eu - turkey statement of 18 march 2016 , the commission recommendation c 9490 of 15 december 2015 , or a national resettlement scheme ; and


### where necessary , local coordination and practical cooperation arrangements among member states , supported by the [ european union agency for asylum ] in accordance with article 12 , and with third countries , and unhcr or other partners ; ### where necessary , local coordination and practical cooperation arrangements among participating member states , supported by the [ european union agency for asylum ] in accordance with article 12 , and with third countries , and unhcr or other partners ;


### when implementing a targeted union resettlement scheme , member states shall identify third - country nationals or stateless persons and assess whether those third - country nationals or stateless persons fall within the scope of a targeted union resettlement scheme . ### when implementing a targeted union resettlement scheme , participating member states shall identify third - country nationals or stateless persons and assess whether those third - country nationals or stateless persons fall within the scope of a targeted union resettlement scheme .


### member states may give preference inter alia to third - country nationals or stateless persons with : ### participating member states may give preference inter alia to third - country nationals or stateless persons with :


### after identifying third - country nationals or stateless persons , member states shall register the following information of those for whom they intend to conduct the resettlement procedure : ### after identifying third - country nationals or stateless persons , participating member states shall register the following information of those for whom they intend to conduct the resettlement procedure :


### member states shall make that assessment on the basis of documentary evidence , including , where applicable , information from unhcr on whether the third - country nationals or the stateless persons qualify as refugees or on the basis of a personal interview or a combination of both . ### participating member states shall make that assessment in particular on the basis of documentary evidence , including , where applicable , information from unhcr on whether the third - country nationals or the stateless persons qualify as refugees or on the basis of a personal interview or a combination of both .


### member states shall take a decision on the resettlement of third - country nationals or stateless persons on the basis of the assessment referred to in paragraph 3 as soon as possible and not later than eight months from their registration . member states may extend that time - limit of eight months by a period of not more than four months , where complex issues of fact or law are involved . ### participating member states shall take a decision on the resettlement of third - country nationals or stateless persons on the basis of the assessment referred to in paragraph 3 as soon as possible and not later than eight months from their registration . participating member states may extend that time - limit of eight months by a period of not more than four months , where complex issues of fact or law are involved .


### for the purpose of implementing the ordinary procedure , prior to identifying third - country nationals or stateless persons , member states may request unhcr , or where applicable , [ the european union agency for asylum ] or relevant international bodies to refer to them third - country nationals or stateless persons in relation to whom those entities have fully assessed : ### for the purpose of implementing the ordinary procedure , prior to identifying third - country nationals or stateless persons , participating member states may request unhcr , or where applicable , [ the european union agency for asylum ] or relevant international bodies to refer to them third - country nationals or stateless persons in relation to whom those entities have fully assessed :


### member states may also request unhcr to fully assess whether third - country nationals or stateless persons referred to them by unhcr qualify as refugees within the meaning of article 1 of the 1951 geneva convention . ### participating member states may also request unhcr to fully assess whether third - country nationals or stateless persons referred to them by unhcr qualify as refugees within the meaning of article 1 of the 1951 geneva convention .


### member states may also request that inter alia the criteria set out in points to of paragraph 1 be taken into account . ### participating member states may also request that inter alia the criteria set out in points to of paragraph 1 be taken into account .


### member states shall store the data referred to in paragraphs 2 to 4 for five years from the date of resettlement . ### participating member states are advised to store the data referred to in paragraphs 2 to 4 for five years from the date of resettlement .


### upon expiry of that period , member states shall erase the data . member states shall erase data relating to a person who has acquired citizenship of any member state before the expiry of that period as soon as the member state becomes aware that the person concerned has acquired such citizenship . ### upon expiry of that period , participating member states may erase the data . participating member states shall erase data relating to a person who has acquired citizenship of any member state before the expiry of that period as soon as the member state becomes aware that the person concerned has acquired such citizenship .


### to facilitate the implementation of the targeted union resettlement schemes , member states shall appoint national contact points and may decide to appoint liaison officers in third countries . ### to facilitate the implementation of the targeted union resettlement schemes , participating member states shall appoint national contact points and may decide to appoint liaison officers in third countries .


### [ the european union agency for asylum ] may support member states , including by coordinating technical cooperation between them , assisting them in the implementation of targeted union resettlement schemes and facilitating the sharing of infrastructure in accordance with [ regulation no xxx / xxx 39 ] . _________________ 39 oj l [ … ] , [ … ] , p . [ … ] . ### [ the european union agency for asylum ] may support participating member states that request it , including by coordinating technical cooperation between them , assisting them in the implementation of targeted union resettlement schemes and facilitating the sharing of infrastructure in accordance with [ regulation no xxx / xxx 39 ] . _________________ 39 oj l [ … ] , [ … ] , p . [ … ] .


### to implement targeted union resettlement schemes , and in particular to conduct pre - departure orientation programmes , fit - to - travel medical checks , travel arrangements and other practical arrangements , member states may be assisted by partners in accordance with local coordination and practical cooperation arrangements for targeted union resettlement schemes established in accordance with point of article 8 . ### to implement targeted union resettlement schemes , and in particular to conduct pre - departure orientation programmes , fit - to - travel medical checks , travel arrangements and other practical arrangements , participating member states may be assisted by partners in accordance with local coordination and practical cooperation arrangements for targeted union resettlement schemes established in accordance with point of article 8 .


### the high - level resettlement committee shall be chaired by the commission . it shall meet whenever necessary at the invitation of the commission or at a request of a member state and shall meet at least once a year . ### the high - level resettlement committee shall be chaired by the commission . it shall meet whenever necessary at the invitation of the commission or at a request of a participating member state and shall meet at least once a year .


### ' water intended for human consumption ' shall mean all water either in its original state or after treatment , intended for drinking , cooking , food preparation or production , or other domestic purposes in both public and private premises , regardless of its origin and whether it is supplied from a distribution network , supplied from a tanker or , for spring waters , put in bottles . ### ' water intended for human consumption ' shall mean water either in its original state or after treatment , intended for drinking , cooking , food preparation , or other&#160 ; internal purposes in both public and private premises , regardless of its origin and whether it is supplied from a distribution network , supplied from a tanker or , for spring waters , put in bottles .


### member states have taken all other measures necessary to comply with the requirements set out in articles 5 to 12 of this directive . ### member states have taken all other measures necessary to comply with the requirements set out : in articles 5 to 12 of this directive for water supplied to the final consumers from a distribution network or from a tanker ; in articles 5 and 6 of this directive for water put into bottles or containers in food business ; in articles 5 , 6 and 11 of this directive , for water produced and used in food business for the production , processing and distribution of food ;


### for those parameters member states shall ensure that water suppliers can deviate from the sampling frequencies set out in annex ii , part b , in accordance with the specifications set out in annex ii , part c . ### based on the outcome of the supply risk assessment and taken into account the results of the risk assessment carried out in accordance with article 8 of this directive and of the monitoring carried out pursuant to article 7 and article 8 of directive2000 / 60 / ec , water suppliers shall : a ) elaborate and adjust monitoring programmes pursuant to article 11 in accordance with the specifications set out in annex ii ; b ) take all necessary measures to ensure that the migration of substances or chemicals from construction products or that other products or chemicals used in the preparation or distribution of water intended for human consumption does not , either directly or indirectly , endanger human health ; c ) take all necessary preventive and mitigation measures to ensure that the supply and use of water intended for human consumption does not , either directly or indirectly , endanger human health .


### member states shall take all measures necessary to ensure that regular monitoring of the quality of water intended for human consumption is carried out , in order to check that the water available to consumers meets the requirements of this directive and in particular the parametric values set in accordance with article 5 . samples shall be taken so that they are representative of the quality of the water consumed throughout the year . in addition , member states shall take all measures necessary to ensure that , where disinfection forms part of the preparation or distribution of water intended for human consumption , the efficiency of the disinfection treatment applied is verified , and that any contamination from disinfection by - products is kept as low as possible without compromising the disinfection . ### member states shall take all measures necessary to ensure that regular monitoring of the quality of water intended for human consumption is carried out , in order to check that the water available to consumers meets the requirements of this directive at the point of compliance determined in accordance with article 6 and in particular the parametric values set in accordance with article 5 . samples shall be taken so that they are evenly spread over time providing monitoring of the quality of the water consumed throughout the year . in addition , member states shall take all measures necessary to ensure that , where disinfection forms part of the preparation or distribution of water intended for human consumption , the efficiency of the disinfection treatment applied is verified , and that any contamination from disinfection by - products is kept as low as possible without compromising the disinfection .


### the number of member states affected by any of the situations described in paragraphs 2 and 2a ; ### the interests of member states affected by any of the situations described in paragraphs 2 and 2a , on the basis of reports drawn up by the competent state bodies ,


### points , and of paragraph 1 do not apply to applicants who are vis registered regular travellers and who have lawfully used the two previously obtained visas . ### point of paragraph 1 does not apply to applicants who are vis registered regular travellers and who have lawfully used the two previously obtained visas .


### the following categories shall pay no visa fee : ### member states may exempt the following categories from visa fees :


### it is a key union priority to establish a resilient energy union to provide secure , sustainable , competitive and affordable energy to its citizens . achieving this requires continuation of ambitious climate action with the eu ets as the cornerstone of europe’s climate policy , and progress on the other aspects of energy union17 . implementing the ambition decided in the 2030 framework contributes to delivering a meaningful carbon price and continuing to stimulate cost - efficient greenhouse gas emission reductions . __________________ 17 com80 , establishing a framework strategy for a resilient energy union with a forward - looking climate change policy ### it is a key union priority to establish a resilient energy union to provide secure , sustainable , competitive and affordable energy to its citizens . achieving this while continuing ambitious climate action with the eu ets as the cornerstone of europe’s climate policy , and progress on the other aspects of energy union17 , requires that measures be put in place to reduce the negative impact of climate policy on the security of energy supplies , on energy poverty and on the competitiveness of european industry . __________________ 17 com80 , establishing a framework strategy for a resilient energy union with a forward - looking climate change policy


### it is a key union priority to establish a resilient energy union to provide secure , sustainable , competitive and affordable energy to its citizens . achieving this requires continuation of ambitious climate action with the eu ets as the cornerstone of europe’s climate policy , and progress on the other aspects of energy union17 . implementing the ambition decided in the 2030 framework contributes to delivering a meaningful carbon price and continuing to stimulate cost - efficient greenhouse gas emission reductions . __________________ 17 com80 , establishing a framework strategy for a resilient energy union with a forward - looking climate change policy ### it is a key union priority to establish a resilient energy union to provide secure , sustainable , competitive and affordable energy to its citizens and industries . achieving this requires continuation of ambitious climate action with the eu ets as the cornerstone of europe’s climate policy , and progress on the other aspects of energy union17 . implementing the ambition decided in the 2030 framework contributes to delivering a meaningful carbon price and continuing to stimulate cost - efficient greenhouse gas emission reductions . __________________ 17 com80 , establishing a framework strategy for a resilient energy union with a forward - looking climate change policy


### member states should partially compensate , in accordance with state aid rules , certain installations in sectors or sub - sectors which have been determined to be exposed to a significant risk of carbon leakage because of costs related to greenhouse gas emissions passed on in electricity prices . the protocol and accompanying decisions adopted by the conference of the parties in paris need to provide for the dynamic mobilisation of climate finance , technology transfer and capacity building for eligible parties , particularly those with least capabilities . public sector climate finance will continue to play an important role in mobilising resources after 2020 . therefore , auction revenues should also be used for climate financing actions in vulnerable third countries , including adaptation to the impacts of climate . the amount of climate finance to be mobilised will also depend on the ambition and quality of the proposed intended nationally determined contributions , subsequent investment plans and national adaptation planning processes . member states should also use auction revenues to promote skill formation and reallocation of labour affected by the transition of jobs in a decarbonising economy . ### member states may partially compensate , in accordance with state aid rules , certain installations in sectors or sub - sectors which have been determined to be exposed to a significant risk of carbon leakage because of costs related to greenhouse gas emissions passed on in electricity prices . public sector climate finance will continue to play an important role in mobilising resources after 2020 . therefore , auction revenues should also be used for climate financing actions in vulnerable third countries , including adaptation to the impacts of climate change . the amount of climate finance to be mobilised will also depend on the ambition and quality of the proposed indcs , subsequent investment plans and national adaptation planning processes . member states should also use auction revenues to promote skill formation and reallocation of labour affected by the transition of jobs in a decarbonising economy .


### a modernisation fund should be established from 2% of the total eu ets allowances , and auctioned in accordance with the rules and modalities for auctions taking place on the common auction platform set out in regulation 1031 / 2010 . member states who in 2013 had a gdp per capita at market exchange rates of below 60% below the union average should be eligible for funding from the modernisation fund and derogate up to 2030 from the principle of full auctioning for electricity generation by using the option of free allocation in order to transparently promote real investments modernising their energy sector while avoiding distortions of the internal energy market . the rules for governing the modernisation fund should provide a coherent , comprehensive and transparent framework to ensure the most efficient implementation possible , taking into account the need for easy access by all participants . the function of the governance structure should be commensurate with the purpose of ensuring the appropriate use of the funds . that governance structure should be composed of an investment board and a management committee and due account should be taken of the expertise of the eib in the decision - making process unless support is provided to small projects through loans from a national promotional banks or through grants via a national programme sharing the objectives of the modernisation fund . investments financed from the fund should be proposed by the member states . to ensure that the investment needs in low income member states are adequately addressed , the distribution of funds will take into account in equal shares verified emissions and gdp criteria . the financial assistance from the modernisation fund could be provided through different forms . ### a modernisation fund should be established from 2% of the total eu ets allowances , and should be sold at auction by the european investment bank in accordance with the rules and modalities for auctions taking place on the common auction platform set out in regulation 1031 / 2010 . member states who in 2013 had a gdp per capita at market exchange rates of below 60% below the union average should be eligible for funding from the modernisation fund and derogate up to 2030 from the principle of full auctioning for electricity generation by using the option of free allocation in order to transparently promote real investments modernising their energy sector while avoiding distortions of the internal energy market . the rules for governing the modernisation fund should provide a coherent , comprehensive and transparent framework to ensure the most efficient implementation possible , taking into account the need for easy access by all participants . the function of the governance structure should be commensurate with the purpose of ensuring the appropriate use of the funds . member states , as the beneficiaries of the fund , should be supported by an advisory board , and due account should be taken of the expertise of the eib in the decision - making process unless support is provided to small projects through loans from a national promotional banks or through grants via a national programme sharing the objectives of the modernisation fund . investments financed from the fund should be proposed by the member states . to ensure that the investment needs in low income member states are adequately addressed , the distribution of funds will take into account in equal shares verified emissions and gdp criteria . the financial assistance from the modernisation fund could be provided through different forms .


### that decision shall be considered within the committee referred to in article 23 . ### in article 3c , the last sentence is replaced by the following : that decision shall be considered within the committee referred to in article 30c .


### the commission shall be empowered to adopt a delegated act in accordance with article 23 . ### the commission is empowered to adopt delegated acts in accordance with article 30b to supplement this directive and concerning the criteria to be used for the selection of projects that are eligible to benefit from the additional allowances referred to in this paragraph .


### in article 3d , the second subparagraph is replaced by the following : ' the commission shall be empowered to adopt a delegated act in accordance with article 23 . ' ; ### in article 3d , paragraph 3 is replaced by the following : ' 3 . the commission is empowered to adopt delegated acts in accordance with article 30b to supplement this directive and concerning the detailed arrangements for the auctioning by member states of allowances not required to be issued free of charge in accordance with paragraphs 1 and 2 of this article or article 3f . the number of allowances to be auctioned in each period by each member state shall be proportionate to its share of the total attributed aviation emissions for all member states for the reference year reported pursuant to article 14 and verified pursuant to article 15 . for the period referred to in article 3c , the reference year shall be 2010 and for each subsequent period referred to in article 3c the reference year shall be the calendar year ending 24 months before the start of the period to which the auction relates . '


### in article 14 , the second subparagraph is replaced by the following : ' the commission shall be empowered to adopt a delegated act in accordance with article 23 . ' ; ### in article 14 , paragraph 1 is replaced by the following : ' 1 . the commission is empowered to adopt delegated acts in accordance with article 30b to supplement this directive and concerning the detailed arrangements for the monitoring and reporting of emissions and , where relevant , activity data , from the activities listed in annex i , the monitoring and reporting of tonne - kilometre data for the purpose of an application under articles 3e or 3f , which shall be based on the principles for monitoring and reporting set out in annex iv and the specification of the global warming potential of each greenhouse gas in the requirements for monitoring and reporting emissions for that gas . ' ;


### the third subparagraph of paragraph 4 is replaced by the following : ' the commission shall be empowered to adopt a delegated act in accordance with article 23 . ' ; ### in paragraph 4 , the first , second and third subparagraphs are replaced by the following : ' 4 . the commission is empowered to adopt delegated acts in accordance with article 30b to supplement this directive and concerning the detailed arrangements for timing , administration and other aspects of auctioning to ensure that it is conducted in an open , transparent , harmonised and non - discriminatory manner . to this end , the process shall be predictable , in particular as regards the timing and sequencing of auctions and the estimated volumes of allowances to be made available . where an assessment concludes in relation to the individual industrial sectors that no significant impact on sectors or subsectors exposed to a significant risk of carbon leakage is to be expected , the commission may , in exceptional circumstances , adapt the timetable for the period referred to in article 13 beginning on 1 january 2013 so as to ensure the orderly functioning of the market . the commission shall make no more than one such adaptation for a maximum number of 900 million allowances . auctions shall be designed to ensure that : operators , and in particular any smes covered by the eu ets , have full , fair and equitable access ; all participants have access to the same information at the same time and that participants do not undermine the operation of the auction ; the organisation and participation in auctions is cost - efficient and undue administrative costs are avoided ; and access to allowances is granted for small emitters . ' ;


### the second paragraph of paragraph 1 is replaced by the following : ' the commission shall be empowered to adopt a delegated act in accordance with article 23 . this act shall also provide for additional allocation from the new entrants reserve for significant production increases by applying the same thresholds and allocation adjustments as apply in respect of partial cessations of operation . ' ; ### in paragraph 1 , the first and second subparagraphs are replaced by the following : ' 1 . the commission is empowered to adopt delegated acts in accordance with article 30b to supplement this directive and concerning union - wide and fully - harmonised measures for the allocation of the allowances referred to in paragraphs 4 , 5 , 7 and 12 , including any necessary provisions for a harmonised application of paragraph 19 . these delegated acts shall also provide for additional allocation from the new entrants reserve for significant production increases by applying the thresholds defined in paragraph 7 . the threshold and allocation adjustments that apply to significant production increases shall also apply to partial cessations of operation . ' ;


### in article 15 , the fifth subparagraph is replaced by the following : ' the commission shall be empowered to adopt a delegated act in accordance with article 23 . ' ; ### in article 15 , the fourth and fifth paragraphs are replaced by the following : ' the commission is empowered to adopt delegated acts in accordance with article 30b to supplement this directive and concerning the detailed arrangements for the verification of emission reports based on the principles set out in annex v and for the accreditation and supervision of verifiers . it shall specify conditions for the accreditation and withdrawal of accreditation , for mutual recognition and peer evaluation of accreditation bodies , as appropriate . ' ;


### in article 19 , the third sentence is replaced by the following : ' it shall also include provisions to put into effect rules on the mutual recognition of allowances in agreements to link emission trading systems . the commission shall be empowered to adopt a delegated act in accordance with article 23 . ' ; ### in article 19 , paragraph 3 is replaced by the following : ' 3the commission is empowered to adopt delegated acts in accordance with article 30b to supplement this directive and concerning the detailed arrangements for the establishment of a standardised and secure system of registries in the form of standardised electronic databases containing common data elements to track the issue , holding , transfer and cancellation of allowances , to provide for public access and confidentiality , as appropriate , and to ensure that there are no transfers which are incompatible with the obligations resulting from the kyoto protocol . those delegated acts shall also include provisions concerning the use and identification of cers and erus in the eu ets and the monitoring of the level of such use . those acts shall also include provisions to put into effect rules on the mutual recognition of allowances in agreements to link emission trading systems . ' ;


### the commission shall be empowered to adopt a delegated act in accordance with article 23 . ### the commission is empowered to adopt delegated acts in accordance with article 30b to amend this directive and concerning non - essential elements of the annexes to this directive , with the exception of annexes i , iia and iib .


### the total remaining quantity of allowances to be auctioned by member states shall be distributed in accordance with paragraph 2 . ### the total remaining quantity of allowances to be auctioned by member states , after deducting half of the quantity of allowances referred to in the first subparagraph of article 10a shall be distributed in accordance with paragraph 2 .


### measures intended to increase energy efficiency and insulation or to provide financial support in order to address social aspects in lower and middle income households ; ' ### article 10 , point is replaced by the following : ' measures intended to increase energy efficiency , district heating systems and insulation or to provide financial support in order to address social aspects in lower and middle income households ; '


### by way of derogation regarding the benchmark values for aromatics , hydrogen and syngas , these benchmark values shall be adjusted by the same percentage as the refineries benchmarks in order to preserve a level playing field for producers of these products . ### the following subparagraph is inserted : “by way of derogation regarding the benchmark values for aromatics , hydrogen and syngas , these benchmark values shall be adjusted by the same percentage as the refineries benchmarks in order to preserve a level playing field for producers of these products . ” ;


### the commission shall adopt an implementing act for this purpose in accordance with article 22a . ### the commission shall adopt implementing acts for the purpose of adjusting the benchmark values for free allocation referred to in the third subparagraph . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 30c .


### in order to respect the auctioning share set out in article 10 , the sum of free allocations in every year where the sum of free allocations does not reach the maximum level that respects the member state auctioning share , the remaining allowances up to that level shall be used to prevent or limit reduction of free allocations to respect the member state auctioning share in later years . where , nonetheless , the maximum level is reached , free allocations shall be adjusted accordingly . any such adjustment shall be done in a uniform manner . ### where the sum of free allocations in a given year does not reach the maximum level that respects the member state auctioning share , the remaining allowances up to that level shall be used to prevent or limit the reduction of free allocations in subsequent years . where , however , the maximum level is reached , an amount of allowances equivalent to a reduction of up to two percentage points of the share of allowances to be auctioned by member states , pursuant to article 10 , shall be distributed free of charge to sectors and sub - sectors pursuant to article 10b . where , nonetheless , this reduction is insufficient to meet the demand of sectors or sub - sectors pursuant to article 10b , free allocations shall be adjusted accordingly by a uniform cross sectoral correction factor .


### allowances from the maximum amount referred to article 10a of this directive which were not allocated for free up to 2020 shall be set aside for new entrants and significant production increases , together with 250 million allowances placed in the market stability reserve pursuant to article 1 of decision 2015 / … of the european parliament and of the council . ### allowances from the maximum amount referred to article 10a of this directive which were not allocated for free up to 2020 shall be set aside for new entrants , significant production increases and the prevention or reduction of shortages of free allowances pursuant to article 10 , together with 250 million allowances placed in the market stability reserve before 2021 pursuant to article 1 of decision 2015 / 1814 of the european parliament and of the council .


### in paragraph 8 , the first , second and third subparagraphs of paragraph 8 are replaced by the following : ### paragraph 8 is replaced by the following :


### by 30 june 2019 , any member state intending to make use of optional free allocation shall publish a detailed national framework setting out the competitive bidding process and selection criteria for public comment . ### by 31 december 2018 , any member state intending to make use of optional free allocation through a bidding process shall publish a detailed national framework setting out the competitive bidding process and selection criteria for public comment .


### member states shall require benefiting electricity generators and network operators to report by 28 february of each year on the implementation of their selected investments . member states shall report on this to the commission , and the commission shall make such reports public . ### member states shall require benefiting electricity generators and network operators to report by 28 february of each year on the implementation of their selected investments , including the types of investments supported and the way in which they achieved the goals set out in point of the first subparagraph of paragraph 2 . member states shall report on this to the commission , and the commission shall make such reports public .


### when requests such as those referred to in paragraph 5 are addressed to the commission , the commission shall inform the other member states through their representatives on the committee referred to in article 23 in accordance with the committee’s rules of procedure . ### in article 16 , paragraph 7 is replaced by the following : 7 . when requests such as those referred to in paragraph 5 are addressed to the commission , the commission shall inform the other member states through their representatives on the committee referred to in article 30c in accordance with the committee’s rules of procedure .


### where appropriate , detailed rules shall be established in respect of the procedures referred to in this article . those implementing acts shall be adopted in accordance with the procedure referred to in article 22a . ### where appropriate , detailed rules shall be established in respect of the procedures referred to in this article . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 30c .


### the following article 22a is inserted : article 22a committee procedure ### the following article 30c is inserted : article 30c committee procedure


### article 23 exercise of the delegation ### article 30b exercise of the delegation


### in accordance with delegated acts which the commission shall be empowered to adopt in accordance with article 23 , if the inclusion refers to activities and greenhouse gases which are not listed in annex i ### the commission is empowered to adopt delegated acts in accordance with article 30b to supplement this directive and concerning the detailed arrangements for approval of the inclusion of the activities and greenhouse gases referred to in the first subparagraph in the emission allowance trading scheme if that inclusion refers to activities and greenhouse gases which are not listed in annex i .


### the second subparagraph of paragraph 3 is replaced by the following : ' the commission shall be empowered to adopt delegated acts for such a regulation for the monitoring and reporting of emissions and activity data in accordance with article 23 . ' ; ### paragraph 3 is replaced by the following : ' 3 . the commission is empowered to adopt delegated acts in accordance with article 30b to supplement this directive and concerning the detailed arrangements for the monitoring of , and reporting on , related to activities , installations and greenhouse gases which are not listed as a combination in annex i , if that monitoring and reporting can be carried out with sufficient accuracy . ' ;


### where a third country adopts measures for reducing the climate change impact of flights departing from that country which land in the community , the commission , after consulting with that third country , and with member states within the committee referred to in article 23 , shall consider options available in order to provide for optimal interaction between the community scheme and that country’s measures . where necessary , the commission may adopt amendments to provide for flights arriving from the third country concerned to be excluded from the aviation activities listed in annex i or to provide for any other amendments to the aviation activities listed in annex i which are required by an agreement pursuant to the fourth subparagraph . the commission shall be empowered to adopt such amendments in accordance with article 23 ### where a third country adopts measures for reducing the climate change impact of flights departing from that country which land in the union , the commission , after consulting with that third country , and with member states within the committee referred to in article 30c , shall consider options available in order to provide for optimal interaction between the eu ets and that country ' s measures . where necessary , the commission may adopt amendments to provide for flights arriving from the third country concerned to be excluded from the aviation activities listed in annex i or to provide for any other amendments to the aviation activities listed in annex i which are required by an international agreement . the commission is empowered to adopt delegated acts in accordance with article 30b to amend this directive and concerning such amendments .


### following consultation with the operator , member states may exclude from the community scheme installations which have reported to the competent authority emissions of less than 25 000 tonnes of carbon dioxide equivalent and , where they carry out combustion activities , have a rated thermal input below 35 mw , excluding emissions from biomass , in each of the three years preceding the notification under point , and which are subject to measures that will achieve an equivalent contribution to emission reductions , if the member state concerned complies with the following conditions : it notifies the commission of each such installation , specifying the equivalent measures applying to that installation that will achieve an equivalent contribution to emission reductions that are in place , before the list of installations pursuant to article 11 has to be submitted and at the latest when this list is submitted to the commission ; it confirms that monitoring arrangements are in place to assess whether any installation emits 25 000 tonnes or more of carbon dioxide equivalent , excluding emissions from biomass , in any one calendar year . member states may allow simplified monitoring , reporting and verification measures for installations with average annual verified emissions between 2008 and 2010 which are below 5 000 tonnes a year , in accordance with article 14 ; it confirms that if any installation emits 25 000 tonnes or more of carbon dioxide equivalent , excluding emissions from biomass , in any one calendar year or the measures applying to that installation that will achieve an equivalent contribution to emission reductions are no longer in place , the installation will be reintroduced into the community scheme ; it publishes the information referred to in points , and for public comment . hospitals may also be excluded if they undertake equivalent measures . ### in article 27 , paragraph 1 is replaced by the following : ' 1 . following consultation with the operator , member states may exclude from the community scheme installations which have reported to the competent authority emissions of less than 25 000 tonnes of carbon dioxide equivalent and , where they carry out combustion activities , have a rated thermal input below 35 mw , in each of the three years preceding the notification under point , and which are subject to measures that will achieve an equivalent contribution to emission reductions , if the member state concerned complies with the following conditions : it notifies the commission of each such installation , specifying the equivalent measures applying to that installation that will achieve an equivalent contribution to emission reductions that are in place , before the list of installations pursuant to article 11 has to be submitted and at the latest when this list is submitted to the commission ; it confirms that monitoring arrangements are in place to assess whether any installation emits 25 000 tonnes or more of carbon dioxide equivalent , in any one calendar year . member states may allow simplified monitoring , reporting and verification measures for installations with average annual verified emissions between 2008 and 2010 which are below 5 000 tonnes a year , in accordance with article 14 ; it confirms that if any installation emits 25 000 tonnes or more of carbon dioxide equivalent , in any one calendar year or the measures applying to that installation that will achieve an equivalent contribution to emission reductions are no longer in place , the installation will be reintroduced into the community scheme ; it publishes the information referred to in points , and for public comment . hospitals may also be excluded if they undertake equivalent measures . '


### ' following consultation with the operator , member states may exclude from the community scheme installations which have reported to the competent authority emissions of less than 25 000 tonnes of carbon dioxide equivalent and , where they carry out combustion activities , have a rated thermal input below 35 mw , excluding emissions from biomass , in each of the three years preceding the notification under point , and which are subject to measures that will achieve an equivalent contribution to emission reductions , if the member state concerned complies with the following conditions : it notifies the commission of each such installation , specifying the equivalent measures applying to that installation that will achieve an equivalent contribution to emission reductions that are in place , before the list of installations pursuant to article 11 has to be submitted and at the latest when this list is submitted to the commission ; it confirms that monitoring arrangements are in place to assess whether any installation emits 25 000 tonnes or more of carbon dioxide equivalent , excluding emissions from biomass , in any one calendar year . member states may allow simplified monitoring , reporting and verification measures for installations with average annual verified emissions between 2008 and 2010 which are below 5 000 tonnes a year , in accordance with article 14 ; it confirms that if any installation emits 25 000 tonnes or more of carbon dioxide equivalent , excluding emissions from biomass , in any one calendar year or the measures applying to that installation that will achieve an equivalent contribution to emission reductions are no longer in place , the installation will be reintroduced into the community scheme ; it publishes the information referred to in points , and for public comment . hospitals may also be excluded if they undertake equivalent measures . ' ### in article 27 , paragraph 1 is replaced by the following : ' following consultation with the operator , member states may exclude from the eu ets installations which have reported to the competent authority emissions of less than 50 000 tonnes of carbon dioxide equivalent , excluding emissions from biomass , in each of the three years preceding the notification under point , and which are subject to measures that will achieve an equivalent contribution to emission reductions , if the member state concerned complies with the following conditions : it notifies the commission of each such installation , specifying the equivalent measures applying to that installation that will achieve an equivalent contribution to emission reductions that are in place , before the list of installations pursuant to article 11 has to be submitted and at the latest when this list is submitted to the commission ; it confirms that monitoring arrangements are in place to assess whether any installation emits 50 000 tonnes or more of carbon dioxide equivalent , excluding emissions from biomass , in any one calendar year . member states may allow simplified monitoring , reporting and verification measures for installations with average annual verified emissions between 2008 and 2010 which are below 5 000 tonnes a year , in accordance with article 14 ; it confirms that if any installation emits 50 000 tonnes or more of carbon dioxide equivalent , excluding emissions from biomass , in any one calendar year or the measures applying to that installation that will achieve an equivalent contribution to emission reductions are no longer in place , the installation will be reintroduced into the eu ets ; it makes the information referred to in points , and available to the public . hospitals may also be excluded if they undertake equivalent measures . '


### ' article 29 report to ensure the better functioning of the carbon market if , on the basis of the regular reports on the carbon market referred to in article 10 , the commission has evidence that the carbon market is not functioning properly , it shall submit a report to the european parliament and to the council . the report may be accompanied , if appropriate , by proposals aiming at increasing transparency of the carbon market and addressing measures to improve its functioning . ' ### article 29 is amended as follows : ' article 29 report to ensure the better functioning of the carbon market if , on the basis of the regular reports on the carbon market referred to in article 10 , the commission has evidence that the carbon market is not functioning properly , it shall submit a report to the european parliament and to the council . the report may be accompanied , if appropriate , by proposals aiming at increasing transparency of the carbon market and addressing measures to improve its functioning , including measures to limit the impact of overlapping union - wide energy and climate policies on the supply - demand balance of the eu ets . ' ;


### for reasons of transparency and in order to strengthen the scrutiny and the democratic accountability of european political parties and the link between european civil society and the union institutions , in particular the european parliament , access to funding from the general budget of the european union should be made conditional upon the publication by the member parties of the programme and logo of the european political party concerned , as well as information regarding the gender representation among the candidates at the last elections to the european parliament and among the members of the european parliament . ### for reasons of transparency and in order to strengthen the scrutiny and the democratic accountability of european political parties and the link between european civil society and the union institutions , in particular the european parliament , access to funding from the general budget of the european union should be made conditional upon the publication by the majority of its member parties of the programme and logo of the european political party concerned .


### when assessing whether restrictive and / or discriminatory procurement measures or practices exist in a third country , the commission should examine to what degree laws on public procurement and concessions of the country concerned ensure transparency in line with international standards in the field of public procurement and preclude any discrimination against union goods , services and economic operators . in addition , it should examine to what degree individual contracting authorities or contracting entities maintain or adopt discriminatory practices against union goods , services and economic operators . ### when assessing whether restrictive and / or discriminatory procurement measures or practices exist in a third country , the commission shall examine to what degree laws on public procurement and concessions of the country concerned ensure transparency in line with international standards in the field of public procurement and preclude any discrimination against union goods , services and economic operators . in addition , it should examine to what degree individual contracting authorities or contracting entities maintain or adopt discriminatory practices against union goods , services and economic operators .


### member states are best placed to identify the contracting authorities or contracting entities , or categories of contracting authorities or contracting entities , which should apply the price adjustment measure . to ensure that an appropriate level of action is taken and that a fair distribution of the burden among member states is achieved , the commission should take the final decision , based on a list submitted by each member state . where necessary , the commission may establish a list on its own initiative . ### given that the member states are best placed to identify the contracting authorities or contracting entities , or categories of contracting authorities or contracting entities , which should apply the price adjustment measure , they shall send a proposed list of those entities to the commission . the commission shall draw up a final list of contracting authorities or contracting entities , or categories of contracting authorities or contracting entities in each member state , whose contracts the measure applies to . the commission shall take the final decision on the content of the list of contracting authorities or contracting entities which should apply the price adjustment measure . where necessary , the commission may establish a list on its own initiative .


### it is imperative that contracting authorities and contracting entities have access to a range of high - quality products meeting their purchasing requirements at a competitive price . therefore contracting authorities and contracting entities should be able not to apply price adjustment measures limiting access of non - covered goods and services in case there are no union and / or covered goods or services available which meet the requirements of the contracting authority or contracting entity to safeguard essential public needs , for example in the fields of health and public safety , or where the application of the measure would lead to a disproportionate increase in the price or costs of the contract . ### it is imperative that contracting authorities and contracting entities have access to a range of high - quality products meeting their purchasing requirements at a competitive price and offering the best value for money . therefore contracting authorities and contracting entities should be able not to apply price adjustment measures limiting access of non - covered goods and services in case there are no union and / or covered goods or services available which meet the requirements of the contracting authority or contracting entity to safeguard essential public needs , for example in the fields of health and public safety , or where the application of the measure would lead to a disproportionate increase in the price or costs of the contract .


### in case of misapplication by contracting authorities or contracting entities of exceptions to price adjustment measures limiting access of non - covered goods and services , the commission should be able to apply the corrective mechanism of article 3 of council directive 89 / 665 / eec20 or article 8 of council directive 92 / 13 / eec21 . in addition , contracts concluded with an economic operator by contracting authorities or contracting entities in violation of price adjustment measures limiting access of non - covered goods and services should be ineffective . __________________ 20council directive 89 / 665 / eec on the coordination of the laws , regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts . 21council directive 92 / 13 / eec coordinating the laws , regulations and administrative provisions relating to the application of community rules on the procurement procedures of entities operating in the water , energy , transport and telecommunications sectors . ### __________________ 20council directive 89 / 665 / eec on the coordination of the laws , regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts . 21council directive 92 / 13 / eec coordinating the laws , regulations and administrative provisions relating to the application of community rules on the procurement procedures of entities operating in the water , energy , transport and telecommunications sectors .


### in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council22 . __________________ 22 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for the control by the member states of the commission’s exercise of implementing powers . ### in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council22 . in the same purpose , all the european institutions should take into account the changes effected by this regulation and adjust their own procurement rules accordingly to reflect these changes . __________________ 22 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for the control by the member states of the commission’s exercise of implementing powers .


### the commission shall determine the contracting authorities or entities or categories of contracting authorities or entities , listed by member state , whose procurement is concerned by the measure . to provide the basis for this determination , each member state shall submit a list of appropriate contracting authorities or entities or categories of contracting authorities or entities . the commission shall ensure that an appropriate level of action is taken and that a fair distribution of the burden among member states is achieved . ### the commission shall determine the contracting authorities or entities or categories of contracting authorities or entities , listed by member state , whose procurement is concerned by the measure . to provide the basis for this determination , each member state shall submit a list of appropriate contracting authorities or entities or categories of contracting authorities or entities . this list can be updated by the member states in case of necessity . the commission shall ensure that an appropriate level of action is taken and that a fair distribution of the burden among member states is achieved .


### the commission shall determine the contracting authorities or entities or categories of contracting authorities or entities , listed by member state , whose procurement is concerned by the measure . to provide the basis for this determination , each member state shall submit a list of appropriate contracting authorities or entities or categories of contracting authorities or entities . the commission shall ensure that an appropriate level of action is taken and that a fair distribution of the burden among member states is achieved . ### by [ six months from the date this regulation enters into force ] at the latest , the commission shall determine the contracting authorities or entities or categories of contracting authorities or entities , listed by member state , whose procurement is concerned by the measure . to provide the basis for this determination , each member state shall submit a list of appropriate contracting authorities or entities or categories of contracting authorities or entities . the commission shall ensure that an appropriate level of action is taken and that a fair distribution of the burden among member states is achieved .


### authorities , including in third countries , issuing certificates of qualifications , service record books and logbooks in accordance with rules that are identical to those of this directive are processing personal data . for the purpose of evaluation of the directive , for statistical purposes , for maintaining safety , for ease of navigation and in order to facilitate the exchange of information between the authorities involved in the implementation and enforcement of this directive , these authorities and , where relevant , international organisations that established these identical rules , should also have access to the database kept by the commission . this access should however be subject to adequate level of data protection , including of personal data . ### authorities , including in third countries , issuing certificates of qualifications , service record books and logbooks in accordance with rules that are identical to those of this directive are processing personal data . for the purpose of evaluation of the directive , for statistical purposes , for maintaining safety , for ease of navigation and in order to facilitate the exchange of information between the authorities involved in the implementation and enforcement of this directive , these authorities and , where necessary , international organisations that established these identical rules , should also have access to the database kept by the commission . this access should however be subject to a high level of data protection , specifically of personal data .


### in order to provide minimum harmonised standards for the certification of qualifications and to facilitate the exchange of information between member states and the implementation , monitoring and evaluation of this directive by the commission , 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 as regards the setting of standards of competence , standards for medical fitness , standards for practical examinations , standards for the approval of simulators and standards defining the characteristics and conditions of use for a database kept by the commission to host a copy of key data related to union certificates of qualifications , service record books , logbooks and recognised documents . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council . ### in order to provide minimum harmonised standards for the certification of qualifications and to facilitate the exchange of information between member states and the implementation , monitoring and evaluation of this directive by the commission , 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 as regards the setting of standards of competence , standards for medical fitness , standards for practical examinations , standards for the approval of simulators and standards defining the characteristics and conditions of use for a database kept by the commission to host a copy of key data related to union certificates of qualifications , service record books , logbooks and recognised documents . it is of particular importance that the commission carry out extensive consultations during its preparatory work , including at expert level . the commission when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council .


### since the objective of this directive , namely establishing a common framework on the recognition of professional qualifications in inland navigation , cannot be sufficiently achieved by the member states but can rather , by reason of its scale and effects , be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary in order to achieve that objective . ### since the objective of this directive , namely establishing a common framework on the recognition of minimum professional qualifications in inland navigation , cannot be sufficiently achieved by the member states but can rather , by reason of its scale and effects , be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union and respecting willingness of the member states to cooperate . in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary in order to achieve that objective .