### after a call on the efsd guarantee , endowments to the efsd guarantee fund provided for in points , and of paragraph 2 exceeding the resources necessary to reach the provisioning rate at the level referred to in paragraph 5 shall be used within the limits of the initial investment period provided for in article 7 to restore the efsd guarantee up to its initial amount . ### after a call on the efsd guarantee , endowments to the efsd guarantee fund provided for in points , and of paragraph 2 exceeding the resources necessary to reach the provisioning rate at the level referred to in paragraph 5 or any surplus provided for in point of paragraph 6 shall first be used within the limits of the maximum period provided for in article 7 to restore the efsd guarantee up to its initial amount .


### by 31 december 2020 , the commission shall evaluate the functioning of the efsd . the commission shall submit its evaluation report to the european parliament and the council , containing an independent evaluation of the application of this regulation . this report shall be submitted without delay by the commission in the event that the approved financing and investment operations absorb in full the amount of the efsd guarantee available before 30 june 2020 . ### by 31 december 2019 , the commission shall evaluate the functioning of the efsd and its effective contribution to the purpose and objectives of this regulation . the commission shall submit its evaluation report to the european parliament and the council , containing an external evaluation of the application of this regulation , accompanied by a reasoned proposal with a view to reviewing or amending this regulation , as appropriate , in particular with a view to extending the initial investment period referred to in article 7 .


### by 31 december 2020 and every three years thereafter , the commission shall evaluate the use of the efsd guarantee fund . the commission shall submit its evaluation report to the european parliament and the council . that evaluation report shall be accompanied by an opinion of the court of auditors . ### by 31 december 2019 and every three years thereafter , the commission shall evaluate the use of the efsd guarantee fund . the commission shall submit its evaluation report to the european parliament and the council . that evaluation report shall be accompanied by an opinion of the court of auditors .


### in accordance with its transparency policies and general union principles on access to documents and information , the eligible counterparts shall make publicly available on their websites information relating to all financing and investment operations covered by the efsd guarantee under this regulation , relating in particular to the manner in which those operations contribute to the requirements of this regulation . ### in accordance with its transparency policies and union rules on access to documents and information and data protection , the eligible counterparts shall proactively and systematically make publicly available on their websites information relating to all financing and investment operations covered by the efsd guarantee under this regulation , relating in particular to the manner in which those operations contribute to the objectives and requirements of this regulation .


### in their financing and investment operations , the eligible counterparts shall not support any activities carried out for illegal purposes , including money laundering , terrorist financing , organised crime , tax fraud and tax evasion , corruption , and fraud affecting the financial interests of the union . the eligible counterparts shall not participate in any financing or investment operation through a vehicle located in a non - cooperative jurisdiction , in accordance with its policy towards weakly regulated or non - cooperative jurisdictions based on policies of the union , the organisation for economic co - operation and development or the financial action task force . ### in their financing and investment operations , the eligible counterparts shall not support any activities carried out for illegal purposes , including money laundering , terrorist financing , organised crime , tax fraud and tax evasion , corruption , and fraud affecting the financial interests of the union . in particular , the eligible counterparts shall neither participate in any financing or investment operation through a vehicle located in a jurisdiction that does not cooperate with the union in relation to the application of the internationally agreed tax standards on transparency and the exchange of information nor maintain business relations with entities established in such a jurisdiction . in their financing and investment operations covered by this regulation , the eligible counterparts shall not make use of or engage in tax avoidance structures , in particular aggressive tax planning schemes , or practices that do not comply with union tax good governance principles , as set out in union law , including commission recommendations and communications . when concluding agreements with financial intermediaries , the eligible counterparts shall transpose the requirements referred to in this paragraph in the relevant contracts and shall request country - by - country reporting concerning their observance .


### in their financing and investment operations , the eligible counterparts shall not support any activities carried out for illegal purposes , including money laundering , terrorist financing , organised crime , tax fraud and tax evasion , corruption , and fraud affecting the financial interests of the union . the eligible counterparts shall not participate in any financing or investment operation through a vehicle located in a non - cooperative jurisdiction , in accordance with its policy towards weakly regulated or non - cooperative jurisdictions based on policies of the union , the organisation for economic co - operation and development or the financial action task force . ### in their financing and investment operations , the eligible counterparts shall not support any activities carried out for illegal purposes , including money laundering , terrorist financing , organised crime , tax fraud and tax evasion , corruption , fraud or other activities affecting the financial interests of the union . the eligible counterparts shall not participate in any financing or investment operation through a vehicle located in a non - cooperative jurisdiction , in accordance with its policy towards weakly regulated or non - cooperative jurisdictions based on policies of the union , the organisation for economic co - operation and development or the financial action task force .


### paragraph 1 shall apply from [ xxx ] [ op please insert date : 4 months from the entry into force of the present decision ] . ### paragraph 1 shall apply from [ xxx ] [ op please insert date : 8 months from the entry into force of the present decision ] .


### the european council of 23 - 24 october 2014 also acknowledged the multiple objectives of the agriculture and land use sector , with their lower mitigation potential as well as the need to ensure coherence between the union food security and climate change objectives . the european council invited the commission to examine the best means of encouraging the sustainable intensification of food production , while optimising the sector ' s contribution to greenhouse gas mitigation and sequestration , including through afforestation , and to establish policy on how to include land use , land use change and forestry into the 2030 greenhouse gas mitigation framework as soon as technical conditions allow and in any case before 2020 . ### the european council of 23 - 24 october 2014 also acknowledged the multiple objectives of the agriculture and land use sector , with their lower mitigation potential as well as the need to ensure coherence between the union food security and climate change objectives . in addition , the implementation of technology solutions in agriculture and forestry sectors contribute to enhancing production and reducing the environmental footprint . the european council invited the commission to examine the best means of encouraging the sustainable intensification of food production , while optimising the sector ' s contribution to greenhouse gas mitigation and sequestration , including through afforestation , and to establish policy on how to include land use , land use change and forestry into the 2030 greenhouse gas mitigation framework as soon as technical conditions allow and in any case before 2020 .


### when the commission chooses to be assisted by an expert review team in accordance with commission decision 3301 ) in the review of national forestry accounting plans , it should build on the good practice and experience of the expert reviews under the unfccc , including as regards participation of national experts and recommendations , and select a sufficient number of experts from the member states . ### for the review of the national forestry accounting plans , an expert review team should be set up in accordance with commission decision 3301 ) . the expert review team should build on the good practice and experience of the expert reviews under the unfccc , including as regards participation of national , regional and local forest managers and other experts and recommendations , and a sufficient number of experts from the member states should be selected .


### the national forestry accounting plan shall contain all the elements listed in annex iv , section b and include a proposed new forest reference level based on the continuation of current forest management practice and intensity , as documented between 19902009 per forest type and per age class in national forests , expressed in tonnes of co2 equivalent per year . ### the national forestry accounting plan shall contain all the elements listed in annex iv , section b and include a proposed new forest reference level based , on the one hand , on the continuation of current forest management practice and intensity , as documented between 2005 - [ publications office to insert the date of entry into force of this regulation ] per forest type and per age class in national forests , expressed in tonnes of co2 equivalent per year and , on the other , on the state’s current sustainable forest management policies and measures .


### the commission shall review the national forestry accounting plans and technical corrections and assess the extent to which the proposed new or corrected forest reference levels have been determined in accordance with the principles and requirements set out in paragraphs and as well as article 5 . to the extent that this is required in order to ensure compliance with the principles and requirements set out in paragraphs and as well as article 5 , the commission may recalculate the proposed new or corrected forest reference levels . ### the commission shall facilitate the technical assessment of the national forestry accounting report submitted by a member state and assess the extent to which the proposed new or corrected forest reference levels have been determined in accordance with the principles and requirements set out in paragraphs 3 and 4 as well as article 5 . the commission shall compile a synthesis report and shall make it publicly available .


### the national forestry accounting plan submitted pursuant to article 8 of this regulation shall contain the following elements : ### the national forestry accounting report submitted pursuant to article 8 of this regulation shall contain the following elements :


### in order to support the efforts of member states and regions in facing new challenges and ensuring a high level of security for their citizens as well as the prevention of radicalisation , while relying on the synergies and complementarities with other union policies , investments under the erdf should contribute to security in areas where there is a need to ensure safe and secure public spaces and critical infrastructure , such as transport and energy . ### in order to support the efforts of member states and regions in facing new challenges and ensuring a high level of security for their citizens as well as the prevention of radicalisation , while relying on the synergies and complementarities with other union policies , investments under the erdf should facilitate access to quality education , culture and grassroots sport by helping the authorities to upgrade their infrastructures and contribute to security in areas where there is a need to ensure safe and secure public spaces and critical infrastructure , such as transport and energy .


### in order to support the efforts of member states and regions in facing new challenges and ensuring a high level of security for their citizens as well as the prevention of radicalisation , while relying on the synergies and complementarities with other union policies , investments under the erdf should contribute to security in areas where there is a need to ensure safe and secure public spaces and critical infrastructure , such as transport and energy . ### in order to support the efforts of member states and regions in facing new challenges and ensuring a high level of security for their citizens as well as the prevention of radicalisation , while relying on the synergies and complementarities with other union policies , such as culture , education , youth and sport , investments under the erdf should contribute to security in areas where there is a need to ensure safe and secure public spaces and critical infrastructure , such as transport and energy .


### this regulation should set out the different types of activities the costs of which may be supported by means of investments from the erdf and the cohesion fund , under their respective objectives as set out in the tfeu . the cohesion fund should be able to support investments in the environment and in ten - t . with regard to the erdf , the list of activities should be simplified and it should be able to support investments in infrastructure , investments in relation to access to services , productive investments in sme ' s , equipment , software and intangible assets , as well as measures with regard to information , communication , studies , networking , cooperation , exchange of experiences and activities involving clusters . in order to support the programme implementation , both funds should also be able to support technical assistance activities . finally , in order to support provide for a broader range of interventions for interreg programmes , the scope should be enlarged to also include the sharing a broad range of facilities and human resources and costs linked to measures within the scope of the esf + . ### this regulation should set out the different types of activities the costs of which may be supported by means of investments from the erdf and the cohesion fund , under their respective objectives as set out in the tfeu . the cohesion fund should be able to support investments in the environment and in ten - t . with regard to the erdf , the list of activities should be simplified and it should be able to support investments in infrastructure , investments in relation to access to services , productive investments in sme ' s , including the cultural and creative industries , equipment , software and intangible assets , as well as measures with regard to information , communication , studies , networking , cooperation , exchange of experiences and activities involving clusters . in order to support the programme implementation , both funds should also be able to support technical assistance activities . finally , in order to support provide for a broader range of interventions for interreg programmes , the scope should be enlarged to also include the sharing a broad range of facilities and human resources and costs linked to measures within the scope of the esf + .


### within the framework of sustainable urban development , it is considered necessary to support integrated territorial development in order to more effectively tackle the economic , environmental , climate , demographic and social challenges affecting urban areas , including functional urban areas , while taking into account the need to promote urban - rural linkages . the principles for selecting the urban areas where integrated actions for sustainable urban development are to be implemented , and the indicative amounts for those actions , should be set out in the programmes under the investment for jobs and growth goal with a minimum target of 6% of the erdf resources allocated at national level for that purpose . it should also be established that this percentage should be respected throughout the programming period in the case of transfer between priorities within a programme or between programmes , including at the mid - term review . ### within the framework of sustainable urban development , it is considered necessary to support integrated territorial development in order to more effectively tackle the economic , environmental , climate , cultural , demographic and social challenges affecting urban areas , including functional urban areas , while taking into account the need to promote urban - rural linkages . the principles for selecting the urban areas where integrated actions for sustainable urban development are to be implemented , and the indicative amounts for those actions , should be set out in the programmes under the investment for jobs and growth goal with a minimum target of 6% of the erdf resources allocated at national level for that purpose . it should also be established that this percentage should be respected throughout the programming period in the case of transfer between priorities within a programme or between programmes , including at the mid - term review .


### enhancing growth and competitiveness of smes ; ### enhancing creativity , growth and competitiveness of smes ;


### enhancing the effectiveness of labour markets and access to quality employment through developing social innovation and infrastructure ; ### enhancing the effectiveness of labour markets and access to quality employment , particularly for young people , through developing social innovation and infrastructure ;


### improving access to inclusive and quality services in education , training and lifelong learning through developing infrastructure ; ### improving access to inclusive and quality services in education , early childhood care , training and lifelong learning through developing infrastructure ;


### fostering the integrated social , economic and environmental development , cultural heritage and security in urban areas ; ### fostering the integrated social , economic , cultural and environmental development , cultural heritage and security in urban areas ;


### fostering the integrated social , economic and environmental local development , cultural heritage and security , including for rural and coastal areas also through community - led local development . ### fostering the integrated social , economic , cultural and environmental local development , cultural heritage and security , including for rural and coastal areas also through community - led local development .


### part i of this directive takes over the provisions of directive 2009 / 102 / ec as regards all single - member limited liability companies . it requires that in case all shares come to be held by a single shareholder , its identity should be disclosed to the public by the entry in the register . this directive also provides that decisions taken by the single shareholder exercising the power of the general meeting as well as the contracts between the shareholder and the company should be recorded in writing , unless they relate to contracts concluded under market conditions in the ordinary course of business . ### part i of this directive takes over the provisions of directive 2009 / 102 / ec as regards all single - member limited liability companies . it requires that in case all shares come to be held by a single shareholder , its identity should be disclosed to the public by the entry in the register . this directive also provides that decisions taken by the single shareholder exercising the power of the general meeting as well as the contracts between the shareholder and the company should be recorded in writing and kept in digital format , unless they relate to contracts concluded under market conditions in the ordinary course of business .


### establishing single - member limited liability companies as subsidiaries in other member states entails costs due to the diverse legal and administrative requirements which must be met in the member states concerned . such divergent requirements continue to exist among member states . ### establishing single - member limited liability companies as subsidiaries in other member states entail costs due to the diverse legal and administrative requirements which must be met in the member states concerned . such divergent requirements continue to exist among member states and create barriers for companies , in particular smes , to establish and operate cross - border .


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


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


### the availability of a harmonised legal framework governing the formation of single - member companies , including the establishment of a uniform template for the articles of association should contribute to the progressive abolition of restrictions on freedom of establishment as regards the conditions for setting up subsidiaries in the territories of member states and lead to a reduction in costs . ### the availability of a harmonised legal framework governing the formation of single - member companies , including the establishment by the individual member states of a uniform template for the articles of association should contribute to the progressive abolition of restrictions on freedom of establishment as regards the conditions for setting up subsidiaries in the territories of member states and lead to a reduction in costs .


### the coordination measures provided for in this directive shall apply to the laws , regulations and administrative provisions of the member states relating to : ### part 1 of this directive shall apply to the laws , regulations and administrative provisions of the member states relating to :


### ' single - member company ' means a company whose shares are held by a single person ; ### ' single - member company ' means a company with limited liability whose shares are held by a single person ;


### decisions taken by the single - member exercising powers referred to in paragraph 1 shall be recorded in writing . ### decisions taken by the single - member exercising powers referred to in paragraph 1 shall be recorded in writing and kept in a digital format . records of decisions taken shall be kept for at least five years .


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


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


### member states shall provide that the single - member shall not be liable for any amount exceeding the subscribed share capital . ### member states shall provide that the single - member shall not be liable for any amount exceeding the subscribed share capital , without prejudice to other provisions on liability laid down in national law .


### the sup , and its articles of association , shall be governed by the national law of the member state where the sup is registered . ### the sup shall be governed by the national law of the member state where the sup is registered in order to comply with this directive .


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


### an sup may , after registration , amend its articles of association by electronic or other means in accordance with applicable national law . this information shall be entered in the register of companies in the member state of registration . ### an sup may , after registration , amend its articles of association in accordance with applicable national law . this information shall be entered in the register of companies in the member state of registration .


### member states may only require for the registration of an sup the following information or documentation : ### in addition to the information contained in the articles of association , member states may only require for the registration of an sup the following information or documentation :


### national on - line registration web - sites shall include links to the registration web - sites in other member states . member states shall ensure that the following templates are used for on - line registration : ### the commission shall make a website available in all official languages of the european union containing all information on the registration procedure in the member states . member states shall ensure that the following templates can be used for remote registration :


### national on - line registration web - sites shall include links to the registration web - sites in other member states . member states shall ensure that the following templates are used for on - line registration : ### national on - line registration web - sites shall include links to the registration web - sites in other member states . member states shall ensure online registration with the following templates :


### member states may lay down rules for verifying the identity of the founding member , and any other person making the registration on the member ' s behalf , and the acceptability of the documents and other information submitted to the registration body . any identification issued in another member state by the authorities of that state or on their behalf , including identification issued electronically , shall be recognised and accepted for the purposes of the verification by the member state of registration . ### the registration procedure and the possible verification of the identity of the founding member and of a representative founding an sup on his behalf shall be governed by the applicable national law . member states shall ensure that procedural rules are laid down , including rules concerning verification of the identity of the founding member and of the representative , as well as the admissibility of documents and other information submitted to the registration body .


### member states shall not make the registration of an sup conditional on obtaining any licence or authorisation . the registration of the sup , all documents provided during the process of registration and subsequent changes to them , shall be disclosed in the relevant register of companies immediately after registration . ### member states shall not make the registration of an sup conditional on obtaining any licence or authorisation . this is without prejudice to provisions of national law that make carrying out certain activities after registration conditional on obtaining a licence or authorisation . these activities shall be listed in national on - line registration websites .


### an sup may , on the basis of a recommendation from the management body , make a distribution to the single - member provided that it complies with paragraphs 2 and 3 . ### member states shall ensure that an sup may , on the basis of a recommendation from the management body , make a distribution to the single - member provided that it complies with paragraphs 2 and 3 .


### penalties ### sanctions


### member states shall provide for penalties applicable to infringements of the national provisions adopted to implement this directive and shall take all the measures necessary to ensure that those penalties are enforced . the penalties provided for shall be effective , proportionate and dissuasive . ### member states shall provide for sanctions applicable to infringements of the national provisions adopted to implement this directive and shall take all the measures necessary to ensure that those sanctions are enforced . the sanctions provided for shall be effective , proportionate and dissuasive .


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


### it should be possible for the emff to support the promotion and the sustainable development of aquaculture , including freshwater aquaculture , for the farming of aquatic animals and plants for the production of food and other raw material . complex administrative procedures in some member states remain in place , such as difficult access to space and burdensome licensing procedures , which make it difficult for the sector to improve the image and competitiveness of farmed products . support should be consistent with the multiannual national strategic plans for aquaculture developed on the basis of regulation no 1380 / 2013 . in particular , support for environmental sustainability , productive investments , innovation , acquisition of professional skills , improvement of working conditions , compensatory measures providing critical land and nature management services should be eligible . public health actions , aquaculture stock insurance schemes and animal health and welfare actions should also be eligible . however , in the case of productive investments support should be provided only through financial instruments and through investeu , which offer a higher leverage on markets and are therefore more relevant than grants to address the financing challenges of the sector . ### it should be possible for the emff to support the promotion and the sustainable development of aquaculture , including freshwater aquaculture and protection of aquaculture against invasive species and diseases , for the farming of aquatic animals and plants for the production of food and other raw material . excessively complex administrative procedures in some member states remain in place , such as difficult access to space and burdensome licensing procedures , which make it unnecessarily difficult for the sector to improve the image and competitiveness of farmed products . support should be consistent with the multiannual national strategic plans for aquaculture developed on the basis of regulation no 1380 / 2013 . in particular , support for environmental sustainability , productive investments , innovation , control of specific diseases and invasive species which cause serious damage to aquaculture , acquisition of professional skills , improvement of working conditions , compensatory measures providing critical land and nature management services should be eligible . public health actions , aquaculture stock insurance schemes and animal health and welfare actions should also be eligible . however , in the case of productive investments support should be provided only through financial instruments and through investeu , which offer a higher leverage on markets and are therefore more relevant than grants to address the financing challenges of the sector .


### ' productive aquaculture investments ' means investments in the construction , extension , modernisation or in the equipment of facilities for aquaculture production ; ### ' productive aquaculture investments ' means investments in the construction , extension , modernisation , innovation or in the equipment of facilities for aquaculture production ;


### the contribution of the programme to climate change mitigation and adaptation . ### the contribution of the programme to climate change mitigation and adaptation , including by reducing co2 emissions by means of fuel savings .


### the emff may support the promotion of a sustainable aquaculture as provided for in article 34 of regulation no 1380 / 2013 . it may also support animal health and welfare in aquaculture in accordance with regulation no 2016 / 429 of the european parliament and of the council32and regulation no 652 / 2014 of the european parliament and of the council33 . _________________ 32 regulation no 2016 / 429 of the european parliament and of the council of 9 march 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health . 33 regulation no 652 / 2014 of the european parliament and of the council of 15 may 2014 laying down provisions for the management of expenditure relating to the food chain , animal health and animal welfare , and relating to plant health and plant reproductive material , amending council directives 98 / 56 / ec , 2000 / 29 / ec and 2008 / 90 / ec , regulations no 178 / 2002 , no 882 / 2004 and no 396 / 2005 of the european parliament and of the council , directive 2009 / 128 / ec of the european parliament and of the council and regulation no 1107 / 2009 of the european parliament and of the council and repealing council decisions 66 / 399 / eec , 76 / 894 / eec and 2009 / 470 / ec . ### the emff may support the promotion of a sustainable aquaculture as provided for in article 34 of regulation no 1380 / 2013 . it may also provide support to tackle specific problems in the sector which are due to invasive alien species and to promote animal health and welfare in aquaculture in accordance with regulation no 2016 / 429 of the european parliament and of the council32 and regulation no 652 / 2014 of the european parliament and of the council33 . _________________ 32 regulation no 2016 / 429 of the european parliament and of the council of 9 march 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health . 33 regulation no 652 / 2014 of the european parliament and of the council of 15 may 2014 laying down provisions for the management of expenditure relating to the food chain , animal health and animal welfare , and relating to plant health and plant reproductive material , amending council directives 98 / 56 / ec , 2000 / 29 / ec and 2008 / 90 / ec , regulations no 178 / 2002 , no 882 / 2004 and no 396 / 2005 of the european parliament and of the council , directive 2009 / 128 / ec of the european parliament and of the council and regulation no 1107 / 2009 of the european parliament and of the council and repealing council decisions 66 / 399 / eec , 76 / 894 / eec and 2009 / 470 / ec .


### good working conditions for drivers and fair business conditions for road transport undertakings are of paramount importance to creating a safe , efficient and socially accountable road transport sector . to facilitate that process it is essential that the union social rules in road transport are clear , fit for purpose , easy to apply and to enforce and implemented in an effective and consistent manner throughout the union ### good working conditions for drivers and fair business conditions for road transport undertakings are of paramount importance to creating a safe , efficient and socially accountable road transport sector , which is able to attract qualified workers . to facilitate that process it is essential that the union social rules in road transport are clear , proportionate , fit for purpose , easy to apply and to enforce and implemented in an effective and consistent manner throughout the union .


### having evaluated the effectiveness and efficiency of the implementation of the existing set of union social rules in road transport , and in particular regulation no 561 / 2006 of the european parliament and of the council9 , certain deficiencies were identified in the existing legal framework . unclear and unsuitable rules on weekly rest , resting facilities , breaks in multi - manning and the absence of rules on the return of drivers to their home , lead to diverging interpretations and enforcement practices in the member states . several member states recently adopted unilateral measures further increasing legal uncertainty and unequal treatment of drivers and operators . ______________ 9 regulation no 561 / 2006 of the european parliament and of the council of 15 march 2006 on the harmonisation of certain social legislation relating to road transport and amending council regulations no 3821 / 85 and no 2135 / 98 and repealing council regulation no 3820 / 85 . ### having evaluated the effectiveness and efficiency of the implementation of the existing set of union social rules in road transport , and in particular regulation no 561 / 2006 of the european parliament and of the council9 , certain deficiencies were identified in the implementation of the legal framework . unclear rules on weekly rest , resting facilities , breaks in multi - manning and the absence of rules on the return of drivers to their home or to another location of their choice , lead to diverging interpretations and enforcement practices in the member states . several member states recently adopted unilateral measures further increasing legal uncertainty and unequal treatment of drivers and operators . ____________________ 9 regulation no 561 / 2006 of the european parliament and of the council of 15 march 2006 on the harmonisation of certain social legislation relating to road transport and amending council regulations no 3821 / 85 and no 2135 / 98 and repealing council regulation no 3820 / 85 .


### the ex - post evaluation of regulation no 561 / 2006 confirmed that inconsistent and ineffective enforcement of the union social rules was mainly due to unclear rules , inefficient use of the control tools and insufficient administrative cooperation between the member states . ### the ex - post evaluation of regulation no 561 / 2006 confirmed that inconsistent and ineffective enforcement of the union social rules was mainly due to unclear rules , inefficient and unequal use of the control tools and insufficient administrative cooperation between the member states .


### clear , suitable and evenly enforced rules are also crucial for achieving the policy objectives of improving working conditions for drivers , and in particular ensuring undistorted competition between operators and contributing to road safety for all road users . ### clear , suitable and evenly enforced rules are also crucial for achieving the policy objectives of improving working conditions for drivers , and in particular ensuring undistorted and fair competition between operators and contributing to road safety for all road users .


### the minimum age for conductors shall be 18 years . ### in article 5 , paragraph 1 is replaced by the following : ' 1 . the minimum age for drivers shall be 18 years . '


### the regular weekly rest periods and any weekly rest of more than 45 hours taken in compensation for previous reduced weekly rest shall not be taken in a vehicle . they shall be taken in a suitable accommodation , with adequate sleeping and sanitary facilities ; ### the regular weekly rest periods , reduced weekly rest periods and any weekly rest of more than 45 hours taken in compensation for previous reduced weekly rest shall not be taken in a vehicle . they shall without exception be taken in a suitable accommodation , with adequate sleeping and sanitary facilities , which is ;


### article 10 a transport undertaking shall not give drivers it employs or who are put at its disposal any payment , even in the form of a bonus or wage supplement , related to distances travelled and / or the amount of goods carried if that payment is of such a kind as to endanger road safety and / or encourages infringement of this regulation . ### in article 10 , paragraph 1 is replaced by the following : ' article 10 a transport undertaking shall not give drivers it employs or who are put at its disposal any payment , even in the form of a bonus or wage supplement , related to distances travelled and / or the amount of goods carried . '


### a transport undertaking shall not give drivers it employs or who are put at its disposal any payment , even in the form of a bonus or wage supplement , related to distances travelled and / or the amount of goods carried if that payment is of such a kind as to endanger road safety and / or encourages infringement of this regulation . ### in article 10 , paragraph 1 is replaced by the following : ' 1 . a transport undertaking shall not give drivers it employs or who are put at its disposal any extra payment , even in the form of a bonus or wage supplement , related to distances travelled , the speed of delivery and / or the amount of goods carried if that payment encourages infringement of this regulation . ”


### in urgent cases member states may grant , under exceptional circumstances , a temporary exception for a period not exceeding 30 days , which shall be duly justified and notified immediately to the commission . ; ### in urgent cases member states may grant , under exceptional circumstances , a temporary exception for a period not exceeding 30 days , which shall be duly justified and notified immediately to the commission . this information shall be published on a dedicated public website maintained by the european commission in all eu languages . ;


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


### member states shall lay down rules on penalties applicable to infringements of this regulation and regulation no 165 / 2014 and shall take all measures necessary to ensure that they are implemented . those penalties shall be effective , proportionate to their gravity as determined in accordance with annex iii to directive 2006 / 22 / ec of the european parliament and of the council12 , dissuasive and non - discriminatory . no infringement of this regulation and regulation no 165 / 2014 shall be subjected to more than one penalty or procedure . the member states shall notify the commission of those measures and the rules on penalties by the date specified in the second subparagraph of article 29 . they shall notify without delay any subsequent amendments thereto . the commission shall inform member states accordingly . ; _________________ 12 directive 2006 / 22 / ec of the european parliament and of the council of 15 march 2006 on minimum conditions for the implementation of council regulations no 3820 / 85 and no 3821 / 85 concerning social legislation relating to road transport activities and repealing council directive 88 / 599 / eec . ### commission shall , by means of implementing acts , establish common harmonized rules on penalties applicable to infringements of this regulation and regulation no 165 / 2014 . member states shall take all measures necessary to ensure that they are implemented . those penalties shall be effective , proportionate to their gravity as determined in accordance with annex iii to directive 2006 / 22 / ec of the european parliament and of the council , dissuasive and non - discriminatory . no infringement of this regulation and regulation no 165 / 2014 shall be subjected to more than one penalty or procedure . the member states shall notify the commission of those measures and the rules on penalties by the date specified in the second subparagraph of article 29 . they shall notify without delay any subsequent amendments thereto . the commission shall inform member states accordingly . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 12 of this directive .


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


### by way of derogation from paragraph 6 , a driver engaged in a single occasional service of international carriage of passengers , as defined in regulation 1073 / 2009 of the european parliament and of the council of 21 october 2009 on common rules for access to the international market for coach and bus services , may postpone the weekly rest period for up to 12 consecutive 24 - hour periods following a previous regular weekly rest period , provided that : ### the introductory part in paragraph 6a is replaced by the following : by way of derogation from paragraph 6 , a driver engaged in a single occasional service of international carriage of passengers , as defined in regulation 1073 / 2009 of the european parliament and of the council of 21 october 2009 on common rules for access to the national or international market for coach and bus services , may postpone the weekly rest period for up to 12 consecutive 24 - hour periods following a previous regular weekly rest period , provided that :


### vehicles operating exclusively on islands not exceeding 2 300 square kilometres in area which are not linked to the rest of the national territory by a bridge , ford or tunnel open for use by motor vehicles ; ### article 13 shall be replaced by the following : ' vehicles operating exclusively on islands or regions isolated from the rest of the national territory not exceeding 2 300 square kilometres in area which are not connected to the rest of the national territory by a bridge , ford or tunnel open for use by motor vehicles , and which do not border another member state ; '


### 15 years after newly registered vehicles are required to have a tachograph as provided in articles 8 , 9 and 10 , vehicles operating in a member state other than their member state of registration shall be fitted with such a tachograph . ### in article 3 , paragraph 4 is amended as follows : ' by 1 january 2020 at the latest , all newly registered vehicles are required to have a smart tachograph as provided in articles 8 , 9 and 10 so they may operate in a member state other than the member state of registration . '


### 15 years after newly registered vehicles are required to have a tachograph as provided for in this article and in articles 8 and 10 , member states shall equip their control authorities to an appropriate extent with remote early detection equipment necessary to permit the data communication referred to in this article , taking into account their specific enforcement requirements and strategies . until that time , member states may decide whether to equip their control authorities with such remote early detection equipment . ### article 9 is replaced by the following : ' three years after newly registered vehicles are required to have a tachograph as provided for in this article and in articles 8 and 10 , member states shall equip their control authorities to an appropriate extent with remote early detection equipment necessary to permit the data communication referred to in this article , taking into account their specific enforcement requirements and strategies . taking into account their specific enforcement requirements and strategies . until that time , member states may decide whether to equip their control authorities with such remote early detection equipment .


### the record sheets for the current day and those used by the driver in the previous 28 days , ### in article 36 , point is replaced by the following : ' the record sheets for the current day and those used by the driver in the previous 56 days , ”


### any manual records and printouts made during the current day and the previous 28 days as required under this regulation and regulation no 561 / 2006 . ### in article 36 , point is replaced by the following : ' any manual records and printouts made during the current day and the previous 56 days as required under this regulation and regulation no 561 / 2006 . ”


### any manual records and printouts made during the current day and the previous 28 days as required under this regulation and regulation no 561 / 2006 , ### in article 36 , point is replaced by the following : ' any manual records and printouts made during the current day and the previous 56 days as required under this regulation and regulation no 561 / 2006 , ”


### the general objective of the programme ' neighbourhood , development and international cooperation instrument ' should be to uphold and promote the union ' s values and interests worldwide in order to pursue the objectives and principles of the union ' s external action , as laid down in article 3 , articles 8 and 21 of the treaty on european union . ### the general objective of the programme ' neighbourhood , development and international cooperation instrument ' should promote economic and social development , contribute to the eradication of poverty and&#160 ; to uphold the union ' s values and interests worldwide in order to pursue the objectives and principles of the union ' s external action , as laid down in article 3 , articles 8 and 21 of the treaty on european union .


### the european neighbourhood policy , as reviewed in 201562 , aims at the stabilisation of neighbouring countries and strengthening resilience , particularly by boosting economic development , as the union ' s main political priorities . in order to attain its objective , the reviewed european neighbourhood policy has been focusing on four priority areas : good governance , democracy , the rule of law and human rights , with a particular focus in engaging further with civil society ; economic development ; security ; migration and mobility , including tackling the root causes of irregular migration and forced displacement . differentiation and enhanced mutual ownership are the hallmark of the european neighbourhood policy , recognising different levels of engagement , and reflecting the interests of each country concerning the nature and focus of its partnership with the union . _________________ 62 joint communication to the european parliament , the council , the european economic and social committee and the committee of the regions , ' review of the european neighbourhood policy ' , 18 november 2015 . ### the european neighbourhood policy , as reviewed in 201562 , aims at the stabilisation of neighbouring countries and strengthening resilience , particularly by boosting economic development , as the union ' s main political priorities . in order to attain its objective , the reviewed european neighbourhood policy has been focusing on four priority areas : good governance , democracy , the rule of law and human rights , with a particular focus in engaging further with civil society ; economic development ; security ; migration and mobility , including tackling the root causes of irregular migration and forced displacement . differentiation and enhanced mutual ownership are the hallmark of the european neighbourhood policy , recognising different levels of engagement , and reflecting the interests of each country concerning the nature and focus of its partnership with the union . under the neighbourhood policy , the eu has engaged with several neighbourhood partner countries in the negotiation and conclusion of ambitious deep and comprehensive free trade agreements . these agreements have the purpose not only of improving access to the market and creating a favourable climate for investment but also of helping to attain the general aims of the neighbourhood policy , such as sustainable and inclusive economic and socical development which will benefit everybody . civil society in each of the partner countries and in the union , national parliaments and the european parliament must be involved in the negotiation processes and in monitoring the implementation of those agreements . this regulation should therefore support the negotiation of those agreements and the correct implementation of the agreements reached . _________________ 62 joint communication to the european parliament , the council , the european economic and social committee and the committee of the regions , ' review of the european neighbourhood policy ' , 18 november 2015 .


### the efsd + should aim at supporting investments as a means of contributing to the achievement of the sustainable development goals by fostering sustainable and inclusive economic and social development and promoting the socio - economic resilience in partner countries with a particular focus on the eradication of poverty , sustainable and inclusive growth , the creation of decent jobs , economic opportunities , skills and entrepreneurship , socioeconomic sectors , micro , small and medium - sized enterprises as well as addressing specific socioeconomic root causes of irregular migration , in accordance with the relevant indicative programming documents . special attention should be given to countries identified as experiencing fragility or conflict , least developed countries and heavily indebted poor countries . ### the efsd + should aim at supporting investments as a means of contributing to the achievement of the sustainable development goals by fostering sustainable and inclusive economic and social development and promoting the socio - economic resilience in partner countries with a particular focus on the eradication of poverty , sustainable and inclusive growth , the creation of decent jobs and economic opportunities for women and young people in particular , skills and entrepreneurship , socioeconomic sectors , micro , small and medium - sized enterprises as well as addressing specific socioeconomic root causes of irregular migration , in accordance with the relevant indicative programming documents . special attention should be given to countries identified as experiencing fragility or conflict , least developed countries and heavily indebted poor countries .


### an external action guarantee should be established building on the existing efsd guarantee and the guarantee fund for external actions . the external action guarantee should support the efsd + operations covered by budgetary guarantees , macro - financial assistance and loans to third countries on the basis of council decision 77 / 270 / euratom71 . these operations should be supported by appropriations under this regulation , together with those under regulation no … / … and regulation no … / … , which should also cover the provisioning and liabilities arising from macro - financial assistance loans and loans to third countries referred to in article 10 of regulation eins , respectively . when funding efsd + operations , priority should be given to those which have a high impact on job creation and whose cost - benefit ratio enhances the sustainability of investment . the operations supported with the external action guarantee should be accompanied by an in - depth ex ante assessment of environmental , financial and social aspects , as appropriate and in line with the better regulation requirements . the external action guarantee should not be used to provide essential public services , which remains a government responsibility . _________________ 71 council decision 77 / 270 / euratom of 29 march 1977 empowering the commission to issue euratom loans for the purpose of contributing to the financing of nuclear power stations . ### an external action guarantee should be established building on the existing efsd guarantee and the guarantee fund for external actions . the external action guarantee should support the efsd + operations covered by budgetary guarantees , macro - financial assistance and loans to third countries on the basis of council decision 77 / 270 / euratom71 . these operations should be supported by appropriations under this regulation , together with those under regulation no … / … and regulation no … / … , which should also cover the provisioning and liabilities arising from macro - financial assistance loans and loans to third countries referred to in article 10 of regulation eins , respectively . when funding efsd + operations , priority should be given to those which have a high impact on decent job creation and whose cost - benefit ratio enhances the sustainability of investment . the operations supported with the external action guarantee should be accompanied by an in - depth ex ante assessment of environmental , financial and social aspects , as appropriate and in line with the better regulation requirements . the external action guarantee should not be used to provide essential public services , which remains a government responsibility . _________________ 71 council decision 77 / 270 / euratom of 29 march 1977 empowering the commission to issue euratom loans for the purpose of contributing to the financing of nuclear power stations .


### in order to provide for flexibility , increase the attractiveness for the private sector and maximise the impact of the investments a derogation from the rules related to the methods of implementation of the union budget , as laid down in the financial regulation , should be provided as regards the eligible counterparts . those eligible counterparts could also be bodies which are not entrusted with the implementation of a public - private partnership and could also be bodies governed by the private law of a partner country . ### in order to provide for flexibility , increase the attractiveness for the private sector , promote fair competition and maximise the impact of the investments a derogation from the rules related to the methods of implementation of the union budget , as laid down in the financial regulation , should be provided as regards the eligible counterparts . those eligible counterparts could also be bodies which are not entrusted with the implementation of a public - private partnership and could also be bodies governed by the private law of a partner country .


### to support and foster dialogue and cooperation with third countries and regions in the neighbourhood , in sub - saharan africa , in asia and the pacific , and in the americas and the caribbean ; ### to support and foster dialogue and cooperation with third countries and regions in the neighbourhood , in sub - saharan africa , in asia and the pacific , and in the americas and the caribbean&#160 ; particularly on&#160 ; achieving sustainable economic and social development and eradicating poverty ;


### at global level , to consolidate and support democracy , rule of law and human rights , support civil society organisations , further stability and peace and address other global challenges including migration and mobility ; ### at global level , to consolidate and support democracy , rule of law , human rights and sustainable development with a particular focus on rule - and value - based international trade , eradicate poverty and foster economic growth , support civil society organisations , further stability and peace and address other global challenges including migration and mobility ;


### in relations with partner countries , their track record in implementing commitments , international agreements , and contractual relations with the union shall be taken into account . ### in relations with partner countries , their track record in implementing commitments , in particular the paris agreement , international agreements and contractual relations with the union , including association agreements , partnership and cooperation agreements and trade agreements , shall be taken into account .


### the purpose of the efsd + as an integrated financial package supplying financial capacity drawing on the methods of implementation set up in article 23 , , and , shall be to support investments and increase access to financing , in order to foster sustainable and inclusive economic and social development and promote the socio - economic resilience in partner countries with a particular focus on the , eradication of poverty , sustainable and inclusive growth , the creation of decent jobs , economic opportunities , skills and entrepreneurship , socioeconomic sectors , micro , small and medium - sized enterprises as well as addressing specific socioeconomic root causes of irregular migration , in accordance with the relevant indicative programming documents . special attention shall be given to countries identified as experiencing fragility or conflict , least developed countries and heavily indebted poor countries . ### the purpose of the efsd + as an integrated financial package supplying financial capacity drawing on the methods of implementation set up in article 23 , , and , shall be to support investments and increase access to financing , in order to foster sustainable and inclusive economic and social development and promote the socio - economic resilience in partner countries with a particular focus on the , eradication of poverty , sustainable and inclusive growth , the creation of decent jobs and economic opportunities in particular for women and young people , skills and entrepreneurship , socioeconomic sectors , micro , small and medium - sized enterprises as well as addressing specific socioeconomic root causes of irregular migration , in accordance with the relevant indicative programming documents . special attention shall be given to countries identified as experiencing fragility or conflict , least developed countries and heavily indebted poor countries .


### 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 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 and women entrepreneurship through measures aiming to ensure , amongst others , improved work / life balance , access to childcare and easier re - entry into the labour market after any extended maternity leaves . the esf + should also aim to provide a healthy , safe and free of sexual harassment and violence either online or in the physical places of work , 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 .


### ‘ economic operator’ means any natural or legal person or public entity or group of such persons and / or bodies which delivers regulated explosives precursors or services related to regulated explosives precursors , on the market , either off - or online and including online marketplaces ; ### ‘ economic operator’ means any natural or legal person or public entity or group of such persons and / or bodies which industrially uses or makes available regulated explosives precursors or services related to regulated explosives precursors , on the market , either off - or online and including online marketplaces .


### an economic operator who makes available a restricted explosives precursor to another economic operator shall inform that economic operator that the acquisition , possession or use of that restricted explosives precursor by members of the general public is subject to a restriction as set out in article 5 and . ### an economic operator who makes available products usually offered for sale to the general public which contain a restricted explosives precursor to another economic operator shall inform that economic operator that the acquisition , possession or use of that restricted explosives precursor by members of the general public is subject to a restriction as set out in article 5 .


### an economic operator who makes available regulated explosives precursors to a professional user or to a member of the general public in accordance with article 5 shall ensure and be able to demonstrate to the competent authorities referred to in article 11 that their personnel involved in the sale of regulated explosives precursors is : ### an economic operator who makes available products usually offered for sale to the general public which contain a restricted explosives precursor in accordance with article 5 shall ensure and be able to demonstrate to the competent authorities referred to in article 11 that their personnel involved in the sale of regulated explosives precursors is :


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


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


### the trade , business , craft or profession of the prospective customer ; ### the trade , &#160 ; business or profession together with the company name and address of the prospective customer ;


### hosting service providers active on the internet play an essential role in the digital economy by connecting business and citizens and by facilitating public debate and the distribution and receipt of information , opinions and ideas , contributing significantly to innovation , economic growth and job creation in the union . however , their services are in certain cases abused by third parties to carry out illegal activities online . of particular concern is the misuse of hosting service providers by terrorist groups and their supporters to disseminate terrorist content online in order to spread their message , to radicalise and recruit and to facilitate and direct terrorist activity . ### hosting service providers active on the internet play an essential role in the digital economy by connecting business and citizens and by facilitating public debate and the distribution and receipt of information , opinions and ideas , contributing significantly to innovation , economic growth and job creation in the union . however , their services are in certain cases abused by third parties to carry out illegal activities online . a matter of extreme concern is the misuse of hosting service providers by terrorist groups and their supporters to disseminate terrorist content online in order to spread their message , to radicalise and recruit and to facilitate and direct terrorist activity .


### efforts at union level to counter terrorist content online commenced in 2015 through a framework of voluntary cooperation between member states and hosting service providers need to be complemented by a clear legislative framework in order to further reduce accessibility to terrorist content online and adequately address a rapidly evolving problem . this legislative framework seeks to build on voluntary efforts , which were reinforced by the commission recommendation 2018 / 3347and responds to calls made by the european parliament to strengthen measures to tackle illegal and harmful content and by the european council to improve the automatic detection and removal of content that incites to terrorist acts . _________________ 7 commission recommendation 2018 / 334 of 1 march 2018 on measures to effectively tackle illegal content online . ### efforts at union level to counter terrorist content online commenced in 2015 through a framework of voluntary cooperation between member states and hosting service providers need to be complemented by a clear legislative framework in order to further reduce accessibility to terrorist content online and adequately address a rapidly evolving problem . this legislative framework seeks to build on voluntary efforts , which were reinforced by commission recommendation 2018 / 3347 , and responds to calls made by the european parliament to strengthen measures to tackle illegal and harmful content and by the european council to improve automatic detection and to allow the immediate removal of content that incites to terrorist acts . _________________ 7 commission recommendation 2018 / 334 of 1 march 2018 on measures to effectively tackle illegal content online .


### the application of this regulation should not affect the application of article 14 of directive 2000 / 31 / ec8 . in particular , any measures taken by the hosting service provider in compliance with this regulation , including any proactive measures , should not in themselves lead to that service provider losing the benefit of the liability exemption provided for in that provision . this regulation leaves unaffected the powers of national authorities and courts to establish liability of hosting service providers in specific cases where the conditions under article 14 of directive 2000 / 31 / ec for liability exemption are not met . _________________ 8 directive 2000 / 31 / ec of the european parliament and of the council of 8 june 2000 on certain legal aspects of information society services , in particular electronic commerce , in the internal market . ### the application of this regulation should not affect the application of articles 14 and 15 of directive 2000 / 31 / ec8 . in particular , as provided in these provisions , any measures taken by the hosting service provider in compliance with this regulation , including any proactive measures , should not in themselves lead to that service provider losing the benefit of the liability exemption or being imposed with an obligation to monitor . this regulation leaves unaffected the powers of national authorities and courts to establish liability of hosting service providers in specific cases where the conditions under article 14 of directive 2000 / 31 / ec for liability exemption are not met . _________________ 8 directive 2000 / 31 / ec of the european parliament and of the council of 8 june 2000 on certain legal aspects of information society services , in particular electronic commerce , in the internal market .


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


### in order to provide clarity about the actions that both hosting service providers and competent authorities should take to prevent the dissemination of terrorist content online , this regulation should establish a definition of terrorist content for preventative purposes drawing on the definition of terrorist offences under directive 2017 / 541 of the european parliament and of the council9 . given the need to address the most harmful terrorist propaganda online , the definition should capture material and information that incites , encourages or advocates the commission or contribution to terrorist offences , provides instructions for the commission of such offences or promotes the participation in activities of a terrorist group . such information includes in particular text , images , sound recordings and videos . when assessing whether content constitutes terrorist content within the meaning of this regulation , competent authorities as well as hosting service providers should take into account factors such as the nature and wording of the statements , the context in which the statements were made and their potential to lead to harmful consequences , thereby affecting the security and safety of persons . the fact that the material was produced by , is attributable to or disseminated on behalf of an eu - listed terrorist organisation or person constitutes an important factor in the assessment . content disseminated for educational , journalistic or research purposes should be adequately protected . furthermore , the expression of radical , polemic or controversial views in the public debate on sensitive political questions should not be considered terrorist content . _________________ 9 directive 2017 / 541 of the european parliament and of the council of 15 march 2017 on combating terrorism and replacing council framework decision 2002 / 475 / jha and amending council decision 2005 / 671 / jha . ### in order to provide clarity about the actions that both hosting service providers and competent authorities should take to prevent the dissemination of terrorist content online , this regulation should establish a definition of terrorist content drawing on the definition of terrorist offences under directive 2017 / 541 of the european parliament and of the council . given the need to address the most harmful terrorist propaganda online , the definition should capture material and information that incites , encourages or advocates the commission terrorist offences and content that is produced by , is attributable to or disseminated on behalf of an eu - listed terrorist organisation or person . such information includes in particular text , images , sound recordings and videos . when assessing whether content constitutes terrorist content within the meaning of this regulation , competent authorities as well as hosting service providers should take into account factors such as the nature and wording of the statements , the context in which the statements were made and their potential to lead to harmful consequences , thereby affecting the security and safety of persons . the fact that the material was produced by , is attributable to or disseminated on behalf of an eu - listed terrorist organisation or person constitutes an important factor in the assessment . content disseminated for educational , journalistic or research purposes should be adequately protected . furthermore , the expression of polemic or controversial views in the public debate on sensitive political questions should not be considered terrorist content .


### in order to cover those online hosting services where terrorist content is disseminated , this regulation should apply to information society services which store information provided by a recipient of the service at his or her request and in making the information stored available to third parties , irrespective of whether this activity is of a mere technical , automatic and passive nature . by way of example such providers of information society services include social media platforms , video streaming services , video , image and audio sharing services , file sharing and other cloud services to the extent they make the information available to third parties and websites where users can make comments or post reviews . the regulation should also apply to hosting service providers established outside the union but offering services within the union , since a significant proportion of hosting service providers exposed to terrorist content on their services are established in third countries . this should ensure that all companies operating in the digital single market comply with the same requirements , irrespective of their country of establishment . the determination as to whether a service provider offers services in the union requires an assessment whether the service provider enables legal or natural persons in one or more member states to use its services . however , the mere accessibility of a service provider’s website or of an email address and of other contact details in one or more member states taken in isolation should not be a sufficient condition for the application of this regulation . ### in order to cover those online hosting services where terrorist content is disseminated , this regulation should apply to information society services which store information provided by a recipient of the service at his or her request and in the dissemination of the information stored available to third parties , irrespective of whether this activity is of a mere technical , automatic and passive nature . by way of example such providers of information society services include social media platforms , video streaming services , video , image and audio sharing services , file sharing and other cloud services to the extent they make the information available to third parties and websites where users can make comments or post reviews . providers of services such as online encyclopaedias , educational and scientific repositories , open source software developing platforms , cloud infrastructure service providers that do not have access to customer content and cloud providers that do not share content to the general public , and services at other layers of the internet infrastructure than the application layer , should not be considered hosting service providers within the meaning of this regulation . the regulation should also apply to hosting service providers established outside the union but offering services within the union , since a significant proportion of hosting service providers exposed to terrorist content on their services are established in third countries . this should ensure that all companies operating in the digital single market comply with the same requirements , irrespective of their country of establishment . the determination as to whether a service provider offers services in the union requires an assessment whether the service provider enables legal or natural persons in one or more member states to use its services . however , the mere accessibility of a service provider ' s website or of an email address and of other contact details in one or more member states taken in isolation should not be a sufficient condition for the application of this regulation .


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


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


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


### based on the findings and conclusions in the implementation report and the outcome of the monitoring exercise , the commission should carry out an evaluation of this regulation no sooner than three years after its entry into force . the evaluation should be based on the five criteria of efficiency , effectiveness , relevance , coherence and eu added value . it will assess the functioning of the different operational and technical measures foreseen under the regulation , including the effectiveness of measures to enhance the detection , identification and removal of terrorist content , the effectiveness of safeguard mechanisms as well as the impacts on potentially affected rights and interests of third parties , including a review of the requirement to inform content providers . ### based on the findings and conclusions in the implementation report and the outcome of the monitoring exercise , the commission should carry out an evaluation of this regulation no sooner than three years after its entry into force . the evaluation should be based on the five criteria of efficiency , effectiveness , relevance , coherence and eu added value . it will assess the functioning of the different operational and technical measures foreseen under the regulation , including the effectiveness of measures to enhance the detection , identification and removal of terrorist content , the effectiveness of safeguard mechanisms as well as the impacts on potentially affected fundamental rights , especially the freedom of expression and information , the right to privacy and protection of personal data .


### this regulation lays down uniform rules to prevent the misuse of hosting services for the dissemination of terrorist content online . it lays down in particular : ### this regulation lays down uniform rules to address and prevent the misuse of hosting services for the dissemination of terrorist content online . it lays down in particular :


### ' hosting service provider ' means a provider of information society services consisting in the storage of information provided by and at the request of the content provider and in making the information stored available to third parties ; ### ' hosting service provider ' means a provider of information society services consisting in the storage of information provided by and at the request of the content provider and in disseminating the information stored publicly to third parties ; providers of services that do not share content publicly to third parties , and services at other layers of the internet infrastructure than the application layer , shall not be considered as hosting service providers within the meaning of this regulation .


### ‘ dissemination of terrorist content’ means making terrorist content available to third parties on the hosting service providers’ services ; ### ‘ dissemination of terrorist content’ means making terrorist content available to third parties on the hosting service providers’ services ; content disseminated for educational , scientific or documentary purposes , and for purposes for anti - radicalisation . and counter - narratives shall be adequately protected .


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


### hosting service providers shall take appropriate , reasonable and proportionate actions in accordance with this regulation , against the dissemination of terrorist content and to protect users from terrorist content . in doing so , they shall act in a diligent , proportionate and non - discriminatory manner , and with due regard to the fundamental rights of the users and take into account the fundamental importance of the freedom of expression and information in an open and democratic society . ### hosting service providers shall take appropriate , reasonable and proportionate actions in accordance with this regulation , in order to swiftly and effectively combat the dissemination of terrorist content and to protect users from terrorist content . in doing so , they shall act in a diligent , proportionate and non - discriminatory manner , and with due regard to the fundamental rights of the users and take into account the fundamental importance of the freedom of expression and information in an open and democratic society .