### the current emission limits for co and total hydrocarbons after a cold start at low temperature have been carried over from euro 3 requirements set out in directive 98 / 69 / ec of the european parliament and of the council4 , which appear to be outdated in the light of existing vehicle technology and air quality needs . in addition , air quality problems and results of vehicle emission measurements suggest the need to introduce an appropriate limit for nox / no2 emissions . therefore , revised emission limits should be introduced pursuant to article 14 of regulation no 715 / 2007 . __________________ 4 directive 98 / 69 / ec of the european parliament and of the council of 13 october 1998 relating to measures to be taken against air pollution by emissions from motor vehicles and amending council directive 70 / 220 / eec . ### the current emission limits for co and total hydrocarbons after a cold start at low temperature have been carried over from euro 3 requirements set out in directive 98 / 69 / ec of the european parliament and of the council4 , which appear to be outdated in the light of existing vehicle technology and air quality needs . furthermore , air quality problems and results of vehicle emission measurements suggest the need to introduce an appropriate limit for nox / no2 emissions . therefore , revised emission limits should be introduced pursuant to article 14 of regulation no 715 / 2007 . __________________ 4 directive 98 / 69 / ec of the european parliament and of the council of 13 october 1998 relating to measures to be taken against air pollution by emissions from motor vehicles and amending council directive 70 / 220 / eec .


### after publication of the delegated acts adopted in accordance with the second subparagraph and at the manufacturer ' s request , this regulation shall apply to vehicles of categories m1 , m2 , n1 and n2 as defined in annex ii to directive 2007 / 46 / ec of the european parliament and of the council* with a reference mass exceeding 2 610 kg but with a maximum vehicle mass not exceeding 5 000 kg . the commission shall be empowered to adopt delegated acts in accordance with article 14a concerning the detailed rules on the application of this regulation to vehicles of categories m1 , m2 , n1 and n2 as defined in annex ii to directive 2007 / 46 / ec with a reference mass exceeding 2 610 kg but with a maximum vehicle mass not exceeding 5 000 kg . the delegated acts shall ensure in particular that at chassis dynamometer tests the actual operational mass of the vehicle is appropriately considered for determining the equivalent inertia as well as other default power and load parameters . ____________________ * oj l 263 , 9 . 10 . 2007 , p . 1 . ' . ### after publication of the delegated acts adopted in accordance with the second subparagraph and at the manufacturer ' s request , this regulation shall apply to vehicles of categories m1 , m2 , n1 and n2 as defined in annex ii to directive 2007 / 46 / ec of the european parliament and of the council* with a reference mass exceeding 2 610 kg but with a maximum technically permissible laden mass not exceeding 7 500 kg . the commission shall be empowered to adopt delegated acts in accordance with article 14a concerning the detailed rules on the application of this regulation to vehicles of categories m1 , m2 , n1 and n2 as defined in annex ii to directive 2007 / 46 / ec with a reference mass exceeding 2 610 kg but with a maximum technically permissible laden mass not exceeding 7 500 kg . the delegated acts shall ensure in particular that at chassis dynamometer tests the actual operational mass of the vehicle is appropriately considered for determining the equivalent inertia as well as other default power and load parameters . ____________________ * oj l 263 , 9 . 10 . 2007 , p . 1 . ' .


### the power to adopt delegated acts referred to in the second subparagraph of article 2 , article 5 , article 8 and in article 14 to shall be conferred on the commission for an indeterminate period of time from [ … ] [ publications office , please insert the exact date of entry into force ] . ### the power to adopt delegated acts referred to in the second subparagraph of article 2 , article 5 , article 8 and in article 14 to shall be conferred on the commission for a period of five years from the [ date of entry into force of this directive ] . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### the power to adopt delegated acts referred to in the second subparagraph of article 2 , article 5 , article 8 and in article 14 to shall be conferred on the commission for an indeterminate period of time from [ … ] [ publications office , please insert the exact date of entry into force ] . ### the power to adopt delegated acts referred to in the second subparagraph of article 2 , article 5 , article 8 and in article 14 to shall be conferred on the commission until 30 june 2019 from [ … ] [ publications office , please insert the exact date of entry into force ] . the commission shall draw up a report in respect of the delegation of power not later than nine months before 30 june 2019 . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### the commission shall adopt measures for the implementation of this article including measures in relation to the following : ### in article 5 , the introductory sentence is replaced by the following : ' 4 . the commission shall be empowered to adopt delegated acts in accordance with article 12a in order to develop the specific procedures , tests and requirements for type - approval set out in this article , including requirements in relation to the following : ' .


### it shall apply from the date following that on which the treaties cease to apply to and in the united kingdom pursuant to article 50 of the treaty on european union . ### it shall apply from the date following that on which the treaties cease to apply to and in the united kingdom pursuant to article 50 of the treaty on european union . however , this regulation shall not apply if a withdrawal agreement concluded with the united kingdom in accordance with article 50 of the treaty on european union has entered into force by that date .


### this regulation should build on the eidas regulation26which lays down conditions under which member states recognise certain means of electronic identification for natural and legal persons falling under a notified electronic identification scheme of another member state . from the date of application of that regulation it should be possible for users to use their electronic identification and authentication means in order to operate on a cross - border basis and interact electronically with competent authorities . _________________ 26 regulation no 910 / 2014 of the european parliament and of the council of 23 july 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing directive 1999 / 93 / ec . ### this regulation should build on the eidas regulation26 , which lays down conditions under which member states recognise certain means of electronic identification for natural and legal persons falling under a notified electronic identification scheme of another member state . from the date of application of that regulation it should be possible for users to use their electronic identification and authentication means in order to operate on a cross - border basis and interact electronically with competent authorities . this regulation should guarantee technological neutrality as regards electronic identification and authentication systems . _________________ 26 regulation no 910 / 2014 of the european parliament and of the council of 23 july 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing directive 1999 / 93 / ec .


### in order to allow citizens and business to directly enjoy the benefits of the internal market without unnecessary additional administrative burden , this regulation should require full digitalisation of the user interface of certain key procedures for cross - border users , which are listed in annex ii to this regulation and provide the criteria for defining how the procedure qualifies as fully online . the ' registration of business activity ' is one of such procedures of particular relevance for businesses . it should not , however , cover the procedures leading to the constitution of companies or firms as legal entities as such procedures necessitate a comprehensive approach aimed at facilitating digital solutions throughout a company’s lifecycle . when businesses establish themselves in another member state , they are required to register with a social security scheme and an insurance scheme in order to register their employees and pay contributions to both schemes . those procedures are common for all businesses operating in any sector of the economy , and it is therefore appropriate to require that those two registration procedures are made available online . ### in order to allow citizens and business to directly enjoy the benefits of the internal market without unnecessary additional administrative burden , this regulation should require full digitalisation of the user interface of certain key procedures for cross - border users , which are listed in annex ii to this regulation and provide the criteria for defining how the procedure qualifies as fully online . such a requirement of full digitalisation should only apply where those procedures exist in the member states . the ' registration of business activity ' is one of such procedures of particular relevance for businesses . it should not , however , cover the procedures leading to the constitution of companies or firms as legal entities as such procedures necessitate a comprehensive approach aimed at facilitating digital solutions throughout a company’s lifecycle . when businesses establish themselves in another member state , they are required to register with a social security scheme and an insurance scheme in order to register their employees and pay contributions to both schemes . those procedures are common for all businesses operating in any sector of the economy , and it is therefore appropriate to require that those two registration procedures are made available online .


### in order to allow citizens and business to directly enjoy the benefits of the internal market without unnecessary additional administrative burden , this regulation should require full digitalisation of the user interface of certain key procedures for cross - border users , which are listed in annex ii to this regulation and provide the criteria for defining how the procedure qualifies as fully online . the ' registration of business activity ' is one of such procedures of particular relevance for businesses . it should not , however , cover the procedures leading to the constitution of companies or firms as legal entities as such procedures necessitate a comprehensive approach aimed at facilitating digital solutions throughout a company’s lifecycle . when businesses establish themselves in another member state , they are required to register with a social security scheme and an insurance scheme in order to register their employees and pay contributions to both schemes . those procedures are common for all businesses operating in any sector of the economy , and it is therefore appropriate to require that those two registration procedures are made available online . ### in order to allow citizens and business to directly enjoy the benefits of the internal market without unnecessary additional administrative burden , this regulation should require full digitalisation of the user interface of certain key procedures for cross - border users , which are listed in annex ii to this regulation and provide the criteria for defining how the procedure qualifies as fully online . this regulation should not cover the procedures leading to the constitution of companies or firms as legal entities or the registration of a business activity , including registration as a sole trader , a partnership or any other form that it is not a separate legal entity . when businesses establish themselves in another member state , they are required to register with a social security scheme and an insurance scheme in order to register their employees and pay contributions to both schemes . those procedures are common for all businesses operating in any sector of the economy , and it is therefore appropriate to require that those two registration procedures are made available online .


### in some instances , given the current state of technical development it may still be necessary for users of a procedure to appear in person before a competent authority as part of the online procedure , in particular in the case of requesting or renewing passports or identity cards containing biometric data . any such exception should be limited to situations where no digital technology exists to achieve the purpose of the procedure . ### in some instances , the user may be required to submit evidence to prove facts that cannot be established by online means , such as medical certificates and proof of the roadworthiness of motor vehicles . as long as the evidence to prove such facts can be submitted in electronic format , this should not constitute an exception to the principle that a procedure should be offered fully online . in other instances , given the current state of technical development , it may still be necessary for users of an online procedure to appear in person before a competent authority as part of the online procedure , such as in the case of requesting or renewing passports or identity cards containing biometric data . any such exception should not be discriminatory and should be limited to situations where no digital technology exists to achieve the purpose of completing the procedure online and where it is absolutely necessary for the member states to implement strict , indispensable , objectively justified and proportionate measures . this may , for example , be in the interest of public policy , general security , public health and the fight against fraud . in such exceptional cases , member states should limit the physical presence of the user to what is strictly necessary . any such exceptions should be notified to the commission and should be discussed regularly and carefully reviewed for an improvement in the situation in the gateway coordination group together with good national practices and technical developments that would facilitate the further digitalisation of procedures .


### in some instances , given the current state of technical development it may still be necessary for users of a procedure to appear in person before a competent authority as part of the online procedure , in particular in the case of requesting or renewing passports or identity cards containing biometric data . any such exception should be limited to situations where no digital technology exists to achieve the purpose of the procedure . ### in some instances , the user may be required to submit evidence to prove facts that cannot be established by online means , such as medical certificates and proof of the roadworthiness of motor vehicles . as long as the evidence to prove such facts can be submitted in electronic format , this should not constitute an exception to the principle that a procedure should be offered fully online . in other instances , given the current state of technical development , it may still be necessary for users of an online procedure to appear in person before a competent authority as part of the online procedure , such as in the case of requesting or renewing passports or identity cards containing biometric data . any such exception should be limited to situations where no appropriate technology exists .


### this regulation should not interfere with the competencies of national authorities in different steps of any procedure , including the procedural workflows within and between their competent authorities whether digitalised or not . ### this regulation should not restrict member states in their choice of procedure or in the granting of competences to national authorities and should not interfere with the procedural workflows within and between their competent authorities whether digitalised or not .


### furthermore , the member states and the commission may decide to add other national assistance or problem solving services , provided by competent authorities or by private and semi - private entities , under the conditions set out in this regulation . in principle , competent authorities should be responsible for assisting citizens and businesses with any queries they have in relation to applicable rules and procedures that cannot be fully addressed by online services . however , in very specialised areas and where the service provided by private or semi - private bodies meets the users’ needs , member states can propose to the commission to include such services in the gateway , provided that they meet all conditions set out in the regulation and do not duplicate the assistance or problem solving services already included . ### furthermore , the member states and the commission may decide to add other national assistance or problem solving services , provided by competent authorities or by private or semi - private entities or public bodies , such as chambers of commerce , including bilateral chambers of commerce , or non - governmental assistance services for citizens , under the conditions set out in this regulation . in principle , competent authorities should be responsible for assisting citizens and businesses with any queries they have in relation to applicable rules and procedures that cannot be fully addressed by online services . however , in very specialised areas and where the service provided by private or semi - private bodies meets the users’ needs , member states can propose to the commission to include such services in the gateway , provided that they meet all conditions set out in the regulation and do not duplicate the assistance or problem solving services already included .


### a single digital gateway shall be established by the commission and the competent authorities in accordance with this regulation . the gateway shall consist of a common user interface integrated in a single portal managed by the commission and shall link to relevant national and union websites . ### a single digital gateway shall be established by the commission and the competent authorities in accordance with this regulation . the gateway shall consist of a common user interface integrated in&#160 ; the&#160 ; single portal ' your europe ' managed by the commission and shall link to relevant national and union websites .


### ‘ competent authority’ means any member state body or authority established at either national , regional or local level with specific responsibilities relating to the information , procedures , assistance and problem solving services covered by this regulation ; ### ‘ competent authority’ means any member state body or authority established at either national , regional or local level with specific responsibilities relating to the information , procedures , assistance and problem solving services covered by this regulation or any other person or body in which the member state has invested such competence ;


### member states shall ensure that where a procedure , referred to in article 2 , established at national level , can be accessed and completed online by users of that member state , it can be also accessed and completed by users of other member states in a non - discriminatory way . ### member states shall ensure that , where a procedure referred to in article 2 and established at national level by central state bodies or uniformly made available to all sub - central authorities can be accessed and completed online by users of that member state , it can be also be accessed and completed by users of other member states in a non - discriminatory way .


### member states shall ensure that where a procedure , referred to in article2 , established at national level , can be accessed and completed online by users of that member state , it can be also accessed and completed by users of other member states in a non - discriminatory way . ### member states shall ensure that where a procedure referred to in article 2 and , established at national level , can be accessed and completed online by users of that member state , it can be also accessed and completed by users of other member states in a non - discriminatory way .


### member states shall ensure that users can complete the procedures listed in annex ii fully online . ### each member state shall ensure that users can access and complete the procedures listed in annex ii fully online , where such procedures exist in the member state concerned .


### the procedures , referred to in paragraph 2 , shall be considered as fully online where identification , provision of information , supporting evidence , signature and final submission can be done electronically at a distance and via a single communication channel and if the output of the procedure is also delivered electronically . ### the procedures , referred to in paragraph 2 , shall be considered as fully online where identification , provision of information , supporting evidence , signature and final submission can be done electronically at a distance and via a single communication channel and if the output of the procedure is also delivered electronically . member states must also have the power to establish direct contact with citizens and businesses .


### it includes the name of the entity responsible for the content of the information ; ### it includes the name of the authority or entity responsible for the content of the information ;


### the estimated time required to complete the procedure and any applicable deadlines ; ### the estimated time required to complete the procedure , any applicable deadlines and , in the case of the lack of reply from the competent authority , any rules regarding tacit approval or the consequences thereof .


### the competent authorities shall ensure that the following requirements are fulfilled in relation to the procedures referred to in article 5 for which they are responsible : ### the member states shall ensure that the following requirements are fulfilled in relation to the procedures referred to in article 5 for which they are responsible :


### in case of non - compliance with applicable deadlines , users are informed in advance of the reasons thereof and a new deadline is given . ### in the case of non - compliance with applicable deadlines , users are informed in advance of the reasons thereof and a new deadline is given , unless the rules on tacit approval or administrative silence referred to in point of article 8 provide otherwise .


### the commission shall provide a common user interface to ensure the proper functioning of the gateway . ### the commission shall provide a common user interface to ensure the proper functioning of the gateway . the common user interface&#160 ; shall be integrated into the existing portal ' your europe ' .


### the competent authorities and the commission shall promote the awareness and the use of the gateway amongst citizens and businesses and shall ensure the accessibility and visibility of the gateway and its services through search engines accessible to the public . ### the competent authorities , the member states , the commission and the european parliament shall promote the awareness and the use of the gateway amongst citizens and businesses and shall ensure the accessibility and visibility of the gateway and its services through search engines accessible to the public .


### in order to gather direct information from users about their satisfaction with the services provided within the gateway , the commission shall provide users through the gateway with a user - friendly tool allowing them to comment anonymously , immediately after using any of the services referred to in article 2 , on quality and availability of the services provided through the gateway and of the common user interface . ### in order to gather direct information from users about their satisfaction with the services provided within the gateway , the commission shall provide users through the gateway with a user - friendly tool&#160 ; containing a text box allowing them to comment anonymously , immediately after using any of the services referred to in article 2 , on the quality and availability of the services provided through the gateway and of the common user interface .


### provide users of the gateway with a user - friendly tool to signal anonymously obstacles encountered by them in exercising their internal market rights ; ### provide users of the gateway with a user - friendly tool containing a text box to signal anonymously obstacles encountered by them in exercising their internal market rights ;


### a coordination group shall be established . it shall be composed of the national coordinators and shall be chaired by a representative of the commission . it shall adopt its rules of procedure . the commission shall provide the secretariat . ### a coordination group shall be established . it shall be composed of the national coordinators and a representative of the european parliament and shall be chaired by a representative of the commission . it shall adopt its rules of procedure . the commission shall provide the secretariat .


### article 2 , articles 4 to 11 , article 12 to and , article 13 , article 14 , article 15 to , article 16 , article 17 , article 21 and , article 22 to and article 23 shall apply from [ two years after entry into force of this regulation ] . ### article 2 , articles 4 , article 6 , article 7 , article 9 , article 12 , article 13 , article 14 , article 15 to , article 16 , article 17 , article 21 and , article 22 to and article 23 shall apply from [ two years after entry into force of this regulation ] . article 5 , article 8 , article 10 , article 11 , article 12 shall apply from [ three years after entry into force of this regulation ] .


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


### the directive lays down an obligation for member states to make all documents re - usable unless access is restricted or excluded under national rules on access to documents and subject to the other exceptions laid down in this directive . the directive builds on the existing access regimes in the member states and does not change the national rules for access to documents . it does not apply in cases in which citizens or companies can , under the relevant access regime , only obtain a document if they can prove a particular interest . at union level , articles 41 and 42 of the charter of fundamental rights of the european union recognise the right of any citizen of the union and any natural or legal person residing or having its registered office in a member state to have access to european parliament , council and commission documents . public sector bodies should be encouraged to make available for re - use any documents held by them . public sector bodies should promote and encourage re - use of documents , including official texts of a legislative and administrative nature in those cases where the public sector body has the right to authorise their re - use . ### the directive lays down an obligation for member states to make all documents re - usable without prejudice to exceptions laid down in this directive . the directive builds on the access regimes currently in force in the member states . in that regard , it does not change the national rules for access to documents , nor does it establish specific access rights or obligations to publish information , which should remain a decision at the discretion of member states . it does not apply in cases in which citizens or companies can , under the relevant access regime , only obtain a document if they can prove a particular interest . at union level , articles 41 and 42 of the charter of fundamental rights of the european union recognise the right of any citizen of the union and any natural or legal person residing or having its registered office in a member state to have access to european parliament , council and commission documents . public sector bodies should be encouraged to make available for re - use any documents held by them . public sector bodies should promote and encourage re - use of documents , including official texts of a legislative and administrative nature in those cases where the public sector body has the right to authorise their re - use .


### the directive lays down an obligation for member states to make all documents re - usable unless access is restricted or excluded under national rules on access to documents and subject to the other exceptions laid down in this directive . the directive builds on the existing access regimes in the member states and does not change the national rules for access to documents . it does not apply in cases in which citizens or companies can , under the relevant access regime , only obtain a document if they can prove a particular interest . at union level , articles 41 and 42 of the charter of fundamental rights of the european union recognise the right of any citizen of the union and any natural or legal person residing or having its registered office in a member state to have access to european parliament , council and commission documents . public sector bodies should be encouraged to make available for re - use any documents held by them . public sector bodies should promote and encourage re - use of documents , including official texts of a legislative and administrative nature in those cases where the public sector body has the right to authorise their re - use . ### the directive lays down an obligation for member states to make all documents re - usable without prejudice to exceptions laid down in this directive . the directive builds on the existing access regimes in the member states and does not change the national rules for access to documents . decisions on whether to publish information are left to the discretion of the member states . the directive does not apply in cases in which citizens or companies can , under the relevant access regime , only obtain a document if they can prove a particular interest . at union level , articles 41 and 42 of the charter of fundamental rights of the european union recognise the right of any citizen of the union and any natural or legal person residing or having its registered office in a member state to have access to european parliament , council and commission documents . public sector bodies should be encouraged to make available for re - use any documents held by them . public sector bodies should promote and encourage re - use of documents , including official texts of a legislative and administrative nature in those cases where the public sector body has the right to authorise their re - use .


### public sector bodies are increasingly making their documents available for re - use in a proactive manner , by ensuring online discoverability and actual availability of both metadata and the underlying content . documents should also be made available for re - use following a request lodged by a re - user . in those cases , the time limit for replying to requests for re - use should be reasonable and in accordance with the equivalent time for requests to access the document under the relevant access regimes . public undertakings , educational establishments , research performing organisations and research funding organisations should however be exempt from this requirement . reasonable time limits throughout the union will stimulate the creation of new aggregated information products and services at pan - european level . this is particularly important for dynamic data , the economic value of which depends on the immediate availability of the information and of regular updates . dynamic data should therefore be made available immediately after collection , via an application programming interface so as to facilitate the development of internet , mobile and cloud applications based on such data . whenever this is not possible due to technical or financial constraints , public sector bodies should make the documents available in a timeframe that allows their full economic potential to be exploited . should a licence be used , the timely availability of documents may be a part of the terms of the licence . ### public sector bodies and public undertakings are increasingly making their documents available for re - use in a proactive manner , by ensuring online discoverability and actual availability of both metadata and the underlying content . documents should also be made available for re - use following a request lodged by a re - user . in those cases , the time limit for replying to requests for re - use should be reasonable and in accordance with the equivalent time for requests to access the document under the relevant access regimes . educational establishments , research performing organisations and research funding organisations should however be exempt from this requirement . reasonable time limits throughout the union will stimulate the creation of new aggregated information products and services at pan - european level . this is particularly important for dynamic data , the economic value of which depends on the immediate availability of the information and of regular updates . dynamic data should therefore be made available immediately after collection , via an application programming interface so as to facilitate the development of internet , mobile and cloud applications based on such data . whenever this is not possible due to technical or financial constraints , public sector bodies and public undertakings should make the documents available in a timeframe that allows their full economic potential to be exploited . should a licence be used , the timely availability of documents may be a part of the terms of the licence .


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


### ensuring that the conditions for re - use of public sector documents are clear and publicly available is a pre - condition for the development of a union - wide information market . therefore all applicable conditions for the re - use of the documents should be made clear to the potential re - users . member states should encourage the creation of indices accessible on line , where appropriate , of available documents so as to promote and facilitate requests for re - use . applicants for re - use of documents held by entities other than public undertakings , educational establishments , research performing organisations and research funding organisations should be informed of available means of redress relating to decisions or practices affecting them . this will be particularly important for smes which may not be familiar with interactions with public sector bodies from other member states and corresponding means of redress . ### ensuring that the conditions for re - use of public sector documents are clear and publicly available is a pre - condition for the development of a union - wide information market . therefore all applicable conditions for the re - use of the documents should be made clear to the potential re - users . member states should encourage the creation of indices accessible on line , where appropriate , of available documents so as to promote and facilitate requests for re - use . applicants for re - use of documents held by entities other than educational establishments , research performing organisations and research funding organisations should be informed of available means of redress relating to decisions or practices affecting them . this will be particularly important for smes and start - ups which may not be familiar with interactions with public sector bodies from other member states and corresponding means of redress .


### conditions for re - use should be non - discriminatory for comparable categories of re - use . this should , for example , not prevent the exchange of information between public sector bodies free of charge for the exercise of public tasks , whilst other parties are charged for the re - use of the same documents . neither should it prevent the adoption of a differentiated charging policy for commercial and non - commercial re - use . ### conditions for re - use should be non - discriminatory for comparable categories of re - use . this should , for example , not prevent the exchange of information between public sector bodies free of charge for the exercise of public tasks , whilst other parties are charged for the re - use of the same documents . neither should it prevent the adoption of a differentiated charging policy for commercial and non - commercial re - use , and the adoption of a differentiated licencing and charging policy when an economic player wishes to re - use documents in specific commercial conditions .


### in view of ensuring their maximum impact and to facilitate re - use , the high - value datasets should be made available for re - use with minimal legal restrictions and at no cost . they should also be published via application programming interfaces , whenever the dataset in question contains dynamic data . ### in view of ensuring their maximum impact and to facilitate re - use , the high - value datasets should be made available for re - use with minimal legal restrictions and at no cost . they should also be published via application programming interfaces , whenever the dataset in question contains dynamic data . as with other public sector information , they should be accompanied by authentication tools which give confidence to users .


### public sector bodies shall , through electronic means where possible and appropriate , process requests for re - use and shall make the document available for re - use to the applicant or , if a licence is needed , finalise the licence offer to the applicant within a reasonable time that is consistent with the time - frames laid down for the processing of requests for access to documents . ### public sector bodies and public undertakings shall , through electronic means where possible and appropriate , process requests for re - use and shall make the document available for re - use to the applicant or , if a licence is needed , finalise the licence offer to the applicant within a reasonable time that is consistent with the time - frames laid down for the processing of requests for access to documents .


### where no time limits or other rules regulating the timely provision of documents have been established , public sector bodies shall process the request and shall deliver the documents for re - use to the applicant or , if a licence is needed , finalise the licence offer to the applicant within a timeframe of not more than 20 working days after its receipt . this timeframe may be extended by another 20 working days for extensive or complex requests . in such cases the applicant shall be notified within three weeks after the initial request that more time is needed to process it . ### where no time limits or other rules regulating the timely provision of documents have been established , public sector bodies and public undertakings shall process the request and shall deliver the documents for re - use to the applicant or , if a licence is needed , finalise the licence offer to the applicant within a timeframe of not more than 20 working days after its receipt . this timeframe may be extended by another 20 working days for extensive or complex requests . in such cases the applicant shall be notified within three weeks after the initial request that more time is needed to process it .


### in the event of a negative decision , the public sector bodies shall communicate the grounds for refusal to the applicant on the basis of the relevant provisions of the access regime in that member state or of the national provisions adopted pursuant to this directive , in particular points to of article 1 or article 3 . where a negative decision is based on point of article 1 , the public sector body shall include a reference to the natural or legal person who is the rightholder , where known , or alternatively to the licensor from which the public sector body has obtained the relevant material . libraries , including university libraries , museums and archives shall not be required to include such a reference . ### in the event of a negative decision , the public sector bodies and public undertakings shall communicate the grounds for refusal to the applicant on the basis of the relevant provisions of the access regime in that member state or of the national provisions adopted pursuant to this directive , in particular points to of article 1 or article 3 . where a negative decision is based on point of article 1 , the public sector body and public undertakings shall include a reference to the natural or legal person who is the rightholder , where known , or alternatively to the licensor from which the public sector body has obtained the relevant material . libraries , including university libraries , museums and archives shall not be required to include such a reference .


### the re - use of high value datasets , the list of which shall be defined in accordance with article 13 , and of research data referred to in point of article 1 shall be free of charge for the user . ### the re - use of high value datasets , the list of which shall be defined in accordance with article 13 , and of research data referred to in point of article 1 shall be free of charge or at a reduced cost for the user .


### the re - use of documents shall be open to all potential actors in the market , even if one or more market actors already exploit added - value products based on these documents . contracts or other arrangements between the public sector bodies or public undertakings holding the documents and third parties shall not grant exclusive rights . ### the re - use of documents shall be open to all potential actors in the market , even if one or more market&#160 ; actors already exploit added - value products based on these documents . contracts or other arrangements between the public sector bodies&#160 ; or public undertakings holding the documents and third parties shall where possible not grant exclusive rights . any existing exemptions from procurement legislation under article 11 of directive 2014 / 24 / eu and innovation partnerships as defined in article 31 of directive 2014 / 24 / eu shall be taken into account .


### with a view to achieving the objectives of this directive , the commission shall adopt the list of high value datasets among the documents to which this directive applies , together with the modalities of their publication and re - use . ### member states shall ensure that the high value datasets , listed in annex ia , are available for free , machine - readable and accessible for download , and accompanied by authentication tools , subject to effective long - term preservation policies , and , where appropriate , via apis . the conditions for re - use shall be compatible with open standard licences . the commission is empowered to adopt delegated acts in accordance with article 14 in order to supplement this directive by extending the list of categories of high value datasets in annex ia and in particular by further specifying the high value datasets among the documents to which this directive applies , together with the modalities of their publication and re - use .


### with a view to achieving the objectives of this directive , the commission shall adopt the list of high value datasets among the documents to which this directive applies , together with the modalities of their publication and re - use . ### member states shall ensure that the list of categories of high value datasets , listed in annex ia are available for free , machine - readable and accessible for download , and where appropriate , via apis . the conditions for re - use shall be compatible with open standard licences . the commission shall be empowered to adopt delegated acts in accordance with article 14 in order to extend the list of categories of high value datasets in annex ia new and in particular to further specify the list of high value datasets among the documents to which this directive applies , together with the modalities of their publication and re - use .


### with a view to achieving the objectives of this directive , the commission shall adopt the list of high value datasets among the documents to which this directive applies , together with the modalities of their publication and re - use . ### with a view to achieving the objectives of this directive , the commission shall adopt a list of categories for high value datasets , and member states shall set the list of high value datasets from the categories adopted by the commission .


### the selection of datasets for the list referred to in paragraph 1 shall be based on the assessment of their potential to generate socio - economic benefits , the number of users and the revenues they may help generate , and their potential for being combined with other datasets . ### the selection of the list of categories referred to in paragraph 1 shall be based on the assessment of their potential to generate socio - economic benefits , the number of users and the revenues they may help generate , and their potential for being combined with other datasets . the provided list in annex ia is not exhaustive and may be expanded through delegated act , where appropriate ;


### the objective of this directive is to remove obstacles to the exercise of fundamental freedoms , such as the free movement of capital and freedom of establishment , which result from differences between national laws and procedures on preventive restructuring , insolvency and second chance . this directive aims at removing such obstacles by ensuring that viable enterprises in financial difficulties have access to effective national preventive restructuring frameworks which enable them to continue operating ; that honest over indebted entrepreneurs have a second chance after a full discharge of debt after a reasonable period of time ; and that the effectiveness of restructuring , insolvency and discharge procedures is improved , in particular with a view to shortening their length . ### the objective of this directive is to remove obstacles to the free movement of capital and freedom of establishment stemming from differences between national laws and procedures on preventive restructuring , insolvency and second chance , thereby contributing to the establishment of a true&#160 ; capital markets union . this directive aims at removing such obstacles by ensuring that viable enterprises in financial difficulties have access to effective national preventive restructuring frameworks which enable them to continue operating ; that honest over - indebted entrepreneurs have a second chance after a full discharge of debt after a reasonable period of time ; and that the effectiveness of restructuring , insolvency and discharge procedures is improved , in particular with a view to shortening their length .


### excessive length of restructuring , insolvency and discharge procedures in several member states is an important factor triggering low recovery rates and deterring investors from making business in jurisdictions where procedures risk taking too long . ### excessive length of restructuring , insolvency and discharge procedures in several member states is an important factor triggering low recovery rates and deterring investors from making business in jurisdictions where procedures risk taking too long and being unduly costly .


### all these differences translate into additional costs for investors when assessing the risks of debtors entering financial difficulties in one or more member states and the costs of restructuring companies having establishments , creditors or assets in other member states , such as is most clearly the case of restructuring international groups of companies . many investors mention uncertainty about insolvency rules or the risk of lengthy or complex insolvency procedures in another country as a main reason for not investing or not entering into a business relationship with a counterpart outside their own country . ### all these differences translate into additional costs for investors when assessing the risks of debtors entering financial difficulties in one or more member states and the costs of restructuring companies having establishments , creditors or assets in other member states , such as is most clearly the case of restructuring international groups of companies . many investors mention uncertainty about insolvency rules or the risk of lengthy or complex insolvency procedures in another country as a main reason for not investing or not entering into a business relationship with a counterpart outside their own country . small and medium sized enterprises in particular do not , for the most part , have the resources to assess risks related to cross - border activities .


### those differences lead to uneven conditions for access to credit and to uneven recovery rates in the member states . a higher degree of harmonisation in the field of restructuring , insolvency and second chance is thus indispensable for a well - functioning single market in general and for a working capital markets union in particular . ### those differences lead to uneven conditions for access to credit and to uneven recovery rates in the member states , and hamper the free movement of capital in the internal market . a higher degree of harmonisation in the field of restructuring , insolvency and second chance is thus indispensable for a well - functioning single market in general and the establishment of a capital markets union in particular .


### the obstacles to the exercise of fundamental freedoms are not limited to purely cross - border situations . an increasingly interconnected single market - where goods , services , capital and workers circulate freely – with an ever stronger digital dimension means that very few companies are purely national if all relevant elements are considered , such as their client base , supply chain , scope of activities , investor and capital base . even purely national insolvencies may have an impact on the functioning of the single market through the so - called domino effect of insolvencies , whereby an enterprise ' s insolvency may trigger further insolvencies in the supply chain . ### the obstacles to the exercise of fundamental freedoms are not limited to purely cross - border situations . an increasingly interconnected single market - where goods , services , capital and workers circulate freely – with an ever stronger digital dimension means that very few companies are purely national if all relevant elements are considered , such as their client base , supply chain , scope of activities , investor and capital base . even purely national insolvencies may have an impact on the functioning of the single market through the so - called domino effect of insolvencies , whereby an enterprise ' s insolvency may trigger further insolvencies in the supply chain , to which small and medium sized enterprises are particularly vulnerable .


### it is necessary to lower the costs of restructuring for both debtors and creditors . therefore the differences which hamper the early restructuring of viable enterprises in financial difficulties and the possibility of a second chance for honest entrepreneurs should be reduced . that should bring greater transparency , legal certainty and predictability in the union . also , it should maximise the returns to all types of creditors and investors and encourage cross - border investment . greater coherence should also facilitate the restructuring of groups of companies irrespective of where the members of the group are located in the union . ### it is necessary to lower the costs of restructuring for both debtors and creditors . therefore the differences which hamper the early restructuring of viable enterprises in financial difficulties and the possibility of a second chance for honest entrepreneurs should be reduced . that should bring greater transparency in the union , and more legal certainty and predictability for both debtors and creditors . also , it should maximise the returns to all types of creditors and investors and encourage cross - border investment . greater coherence should also facilitate the restructuring of groups of companies irrespective of where the members of the group are located in the union .


### the earlier the debtor can detect its financial difficulties and can take appropriate action , the higher the probability of avoiding an impending insolvency or , in case of a business whose viability is permanently impaired , the more orderly and efficient the winding - up process . clear information on the available preventive restructuring procedures as well as early warning tools should therefore be put in place to incentivise debtors who start to experience financial problems to take early action . possible early warning mechanisms should include accounting and monitoring duties for the debtor or the debtor ' s management as well as reporting duties under loan agreements . in addition , third parties with relevant information such as accountants , tax and social security authorities could be incentivised or obliged under national law to flag a negative development . ### the earlier the debtor can detect its financial difficulties and can take appropriate action , the higher the probability of avoiding an impending insolvency or , in case of a business whose viability is permanently impaired , the more orderly and efficient the winding - up process . clear information on the available preventive restructuring procedures as well as early warning tools should therefore be put in place to incentivise debtors who start to experience financial problems to take early action . possible early warning mechanisms should include accounting and monitoring duties for the debtor or the debtor ' s management as well as reporting duties under loan agreements . moreover , third parties with relevant information such as accountants , tax and social security authorities could be incentivised or obliged under national law to flag a negative development . in addition , the commission should promote , in line with its digital single market strategy , the use and development of new it technologies for notifications and online communications , to ensure more effective early warning procedures .


### the earlier the debtor can detect its financial difficulties and can take appropriate action , the higher the probability of avoiding an impending insolvency or , in case of a business whose viability is permanently impaired , the more orderly and efficient the winding - up process . clear information on the available preventive restructuring procedures as well as early warning tools should therefore be put in place to incentivise debtors who start to experience financial problems to take early action . possible early warning mechanisms should include accounting and monitoring duties for the debtor or the debtor ' s management as well as reporting duties under loan agreements . in addition , third parties with relevant information such as accountants , tax and social security authorities could be incentivised or obliged under national law to flag a negative development . ### the earlier the debtor can detect its financial difficulties and can take appropriate action , the higher the probability of avoiding an impending insolvency or , in case of a business whose viability is permanently impaired , the more orderly and efficient the winding - up process . clear information on the available preventive restructuring procedures as well as early warning tools should therefore be put in place to incentivise debtors who start to experience financial problems to take early action . possible early warning mechanisms should include accounting and monitoring duties for the debtor taking into consideration the lack of financial resources of smes or the debtor ' s management as well as reporting duties under loan agreements . in addition , third parties with relevant information such as accountants , tax and social security authorities could be incentivised or obliged under national law to flag a negative development .


### a debtor should be able to request the judicial or administrative authority for a temporary stay of individual enforcement actions which should also suspend the obligation to file for opening of insolvency procedures where such actions may adversely affect negotiations and hamper the prospects of a restructuring of the debtor ' s business . the stay of enforcement could be general , that is to say affecting all creditors , or targeted towards individual creditors . in order to provide for a fair balance between the rights of the debtor and of creditors , the stay should be granted for a period of no more than four months . complex restructurings may , however , require more time . member states may decide that in such cases , extensions of this period may be granted by the judicial or administrative authority , providing there is evidence that negotiations on the restructuring plan are progressing and that creditors are not unfairly prejudiced . if further extensions are granted , the judicial or administrative authority should be satisfied that there is a strong likelihood that a restructuring plan will be adopted . member states should ensure that any request to extend the initial duration of the stay is made within a reasonable deadline so as to allow the judiciary or administrative authorities to deliver a decision within due time . where a judicial or administrative authority does not take a decision on the extension of a stay of enforcement before it lapses , the stay should cease to have effects on the day the stay period expires . in the interest of legal certainty , the total period of the stay should be limited to twelve months . ### a debtor should be able to request the judicial or administrative authority for a temporary stay of individual enforcement actions which should also suspend the obligation to file for opening of insolvency procedures where such actions may adversely affect negotiations and hamper the prospects of a restructuring of the debtor ' s business . the stay of enforcement could be general , that is to say affecting all creditors , or targeted towards individual creditors . in order to provide for a fair balance between the rights of the debtor and of creditors , the stay should be granted for a period of no more than three months . complex restructurings may , however , require more time . member states may decide that in such cases , extensions of this period may be granted by the judicial or administrative authority , providing there is evidence that negotiations on the restructuring plan are progressing and that creditors are not unfairly prejudiced . if further extensions are granted , the judicial or administrative authority should be satisfied that there is a strong likelihood that a restructuring plan will be adopted . member states should ensure that any request to extend the initial duration of the stay is made within a reasonable deadline so as to allow the judiciary or administrative authorities to deliver a decision within due time . where a judicial or administrative authority does not take a decision on the extension of a stay of enforcement before it lapses , the stay should cease to have effects on the day the stay period expires . in the interest of legal certainty , the total period of the stay should be limited to six months .


### to ensure that rights which are substantially similar are treated equitably and that restructuring plans can be adopted without unfairly prejudicing the rights of affected parties , affected parties should be treated in separate classes which reflect the class formation criteria under national law . as a minimum , secured and unsecured creditors should always be treated in separate classes . national law may provide that secured claims may be divided into secured and unsecured claims based on collateral valuation . national law may also stipulate specific rules supporting class formation where non - diversified or otherwise especially vulnerable creditors , such as workers or small suppliers , would benefit from such class formation . national laws should in any case ensure that adequate treatment is given to matters of particular importance for class formation purposes , such as claims from connected parties , and should contain rules that deal with contingent claims and contested claims . the judicial or administrative authority should examine class formation when a restructuring plan is submitted for confirmation , but member states could stipulate that such authorities may also examine class formation at an earlier stage should the proposer of the plan seek validation or guidance in advance . ### to ensure that rights which are substantially similar are treated equitably and that restructuring plans can be adopted without unfairly prejudicing the rights of affected parties , affected parties should be treated in separate classes which reflect the class formation criteria under national law . as a minimum , secured and unsecured creditors should always be treated in separate classes . national law may provide that secured claims may be divided into secured and unsecured claims based on collateral valuation . national law should also stipulate specific rules supporting class formation where non - diversified or otherwise especially vulnerable creditors , such as workers or small suppliers , would benefit from such class formation . national laws should in any case ensure that adequate treatment is given to matters of particular importance for class formation purposes , such as claims from connected parties , and should contain rules that deal with contingent claims and contested claims . the judicial or administrative authority should examine class formation when a restructuring plan is submitted for confirmation , but member states could stipulate that such authorities may also examine class formation at an earlier stage should the proposer of the plan seek validation or guidance in advance .


### while a restructuring plan should always be deemed adopted if the required majority in each affected class supports the plan , a restructuring plan which is not supported by the required majority in each affected class may still be confirmed by a judicial or administrative authority provided that it is supported by at least one affected class of creditors and that dissenting classes are not unfairly prejudiced under the proposed plan . in particular , the plan should abide by the absolute priority rule which ensures that a dissenting class of creditors is paid in full before a more junior class can receive any distribution or keep any interest under the restructuring plan . the absolute priority rule serves as a basis for the value to be allocated among the creditors in restructuring . as a corollary to the absolute priority rule , no class of creditors can receive or keep under the restructuring plan economic values or benefits exceeding the full amount of the claims or interests of such class . the absolute priority rule makes it possible to determine , when compared to the capital structure of the enterprise under restructuring , the value allocation that parties are to receive under the restructuring plan on the basis of the value of the enterprise as a going concern . ### while a restructuring plan should always be deemed adopted if the required majority in each affected class supports the plan , a restructuring plan which is not supported by the required majority in each affected class may still be confirmed by a judicial or administrative authority provided that it is supported by at least one affected class of creditors , representing a majority of the claims , and that dissenting classes are not unfairly prejudiced under the proposed plan . in particular , the plan should abide by the absolute priority rule which ensures that a dissenting class of creditors is paid in full before a more junior class can receive any distribution or keep any interest under the restructuring plan . the absolute priority rule serves as a basis for the value to be allocated among the creditors in restructuring . as a corollary to the absolute priority rule , no class of creditors can receive or keep under the restructuring plan economic values or benefits exceeding the full amount of the claims or interests of such class . the absolute priority rule makes it possible to determine , when compared to the capital structure of the enterprise under restructuring , the value allocation that parties are to receive under the restructuring plan on the basis of the value of the enterprise as a going concern .


### the different second chance possibilities in the member states may incentivise over - indebted entrepreneurs to relocate to member states in order to benefit from shorter discharge periods or more attractive conditions for discharge , leading to additional legal uncertainty and costs for the creditors when recovering their claims . furthermore , the effects of bankruptcy , in particular the social stigma , legal consequences such as disqualifying entrepreneurs from taking up and pursuing entrepreneurial activity and the on - going inability to pay off debts constitute important disincentives for entrepreneurs seeking to set up a business or have a second chance , even if evidence shows that entrepreneurs who have gone bankrupt have more chance to be successful the second time . steps should therefore be taken to reduce the negative effects of over - indebtedness and bankruptcy on entrepreneurs , in particular by allowing for a full discharge of debts after a certain period of time and by limiting the length of disqualification orders issued in connection with the debtor ' s over - indebtedness . ### the different second chance possibilities in the member states may incentivise over - indebted entrepreneurs to relocate to member states in order to benefit from shorter discharge periods or more attractive conditions for discharge , leading to additional legal uncertainty and costs for the creditors when recovering their claims . furthermore , the effects of bankruptcy , in particular the social stigma , legal consequences such as disqualifying entrepreneurs from taking up and pursuing entrepreneurial activity and the on - going inability to pay off debts constitute important disincentives for entrepreneurs seeking to set up a business or have a second chance , even if evidence shows that entrepreneurs who have gone bankrupt have more chance to be successful the second time . steps should therefore be taken to reduce the negative effects of over - indebtedness and bankruptcy on entrepreneurs , and to incentivise entrepreneurs to take up new business activities more quickly , in particular by allowing for a full discharge of debts after a certain period of time and by limiting the length of disqualification orders issued in connection with the debtor ' s over - indebtedness .


### it is necessary to maintain and enhance the transparency and predictability of the procedures in delivering outcomes that are favourable for the preservation of businesses and for giving entrepreneurs a second chance or that permit the efficient liquidation of non - viable enterprises . it is also necessary to reduce the excessive length of insolvency procedures in many member states , which results in legal uncertainty for creditors and investors and low recovery rates . finally , given the enhanced cooperation mechanisms between courts and practitioners in cross - border cases set up by regulation 2015 / 848 , the professionalism of all actors involved needs to be brought to comparable high levels across the union . to achieve these objectives , member states should ensure that members of the judicial and administrative bodies are properly trained and have specialised knowledge and experience in insolvency matters . such specialisation of members of the judiciary should allow making decisions with potentially significant economic and social impacts within a short period of time and should not mean that members of the judiciary have to deal exclusively with restructuring , insolvency and second chance matters . for example , the creation of specialised courts or chambers in accordance with national law governing the organisation of the judicial system could be an efficient way of achieving these objectives . ### it is necessary to maintain and enhance the transparency and predictability of the procedures in delivering outcomes that are favourable for the preservation of businesses and for giving entrepreneurs a second chance or that permit the efficient liquidation of non - viable enterprises . enhanced transparency and predictability would also ensure greater legal certainty for investors and creditors involved in the restructuring , insolvency and discharge procedures . it is also necessary to reduce the excessive length of insolvency procedures in many member states , which results in legal uncertainty for creditors and investors and low recovery rates . finally , given the enhanced cooperation mechanisms between courts and practitioners in cross - border cases set up by regulation 2015 / 848 , the professionalism of all actors involved needs to be brought to comparable high levels across the union . to achieve these objectives , member states should ensure that members of the judicial and administrative bodies are properly trained and have specialised knowledge and experience in insolvency matters . such specialisation of members of the judiciary should allow making decisions with potentially significant economic and social impacts within a short period of time and should not mean that members of the judiciary have to deal exclusively with restructuring , insolvency and second chance matters . for example , the creation of specialised courts or chambers in accordance with national law governing the organisation of the judicial system could be an efficient way of achieving these objectives .


### member states should also ensure that the practitioners in the field of restructuring , insolvency and second chance which are appointed by judicial or administrative authorities are properly trained and supervised in the carrying out of their tasks , that they are appointed in a transparent manner with due regard to the need to ensure efficient procedures and that they perform their tasks with integrity . practitioners should also adhere to voluntary codes of conduct aiming at ensuring an appropriate level of qualification and training , transparency of the duties of such practitioners and the rules for determining their remuneration , the taking up of professional indemnity insurance cover and the establishment of oversight and regulatory mechanisms which should include an appropriate and effective regime for sanctioning those who have failed in their duties . such standards may be attained without the need in principle to create new professions or qualifications . ### member states should also ensure that the practitioners in the field of restructuring , insolvency and second chance which are appointed by judicial or administrative authorities have sufficient expertise and are properly supervised in the carrying out of their tasks , that they are appointed in a transparent manner with due regard to the need to ensure efficient procedures and that they perform their tasks with integrity . practitioners should also adhere to voluntary codes of conduct aiming at ensuring an appropriate level of qualification and training , transparency of the duties of such practitioners and the rules for determining their remuneration , the taking up of professional indemnity insurance cover and the establishment of oversight and regulatory mechanisms which should include an appropriate and effective regime for sanctioning those who have failed in their duties . such standards may be attained without the need in principle to create new professions or qualifications .


### ' insolvency procedure ' means a collective insolvency procedure which entails a partial or total divestment of the debtor and the appointment of a liquidator ; ### ' insolvency procedure ' means a collective procedure which entails a partial or total divestment of the debtor and the appointment of a liquidator ;


### ' affected parties ' means creditors or classes of creditors and , where applicable under national law , equity holders whose claims or interests are affected under a restructuring plan ; ### ' affected parties ' means creditors or classes of creditors , including contracting partners of executing contracts and , where applicable under national law , equity holders whose claims or interests are affected under a restructuring plan ;


### ' practitioner in the field of restructuring ' means any person or body appointed by a judicial or administrative authority to carry out one or more of the following tasks : ### ' practitioner in the field of restructuring ' means any person or body that carries out one or more of the following tasks :


### member states shall ensure that debtors and entrepreneurs have access to early warning tools which can detect a deteriorating business development and signal to the debtor or the entrepreneur the need to act as a matter of urgency . ### member states shall ensure that debtors and entrepreneurs have access to early warning tools which can detect a deteriorating business development and signal to the debtor or the entrepreneur the need to act as a matter of urgency . in that regard , the commission shall promote , as part of its digital single market strategy , the use and development of new it technologies for notifications and online communications , to ensure more effective early warning procedures .


### the appointment by a judicial or administrative authority of a practitioner in the field of restructuring shall not be mandatory in every case . ### the appointment by a judicial or administrative authority of a practitioner in the field of restructuring shall not be mandatory in every case . nevertheless , small and medium sized businesses and entrepreneurs shall have easy access to the professional advice of a practitioner in the field of restructuring on a low cost basis .


### the appointment by a judicial or administrative authority of a practitioner in the field of restructuring shall not be mandatory in every case . ### member states may require the appointment by a judicial or administrative authority of a practitioner in the field of restructuring , if necessary and appropriate to safeguard the rights of affected parties .


### member states may require the appointment of a practitioner in the field of restructuring in the following cases : ### member states shall ensure the appointment of a practitioner in the field of restructuring at least in the following cases :


### member states shall ensure that debtors who are negotiating a restructuring plan with their creditors may benefit from a stay of individual enforcement actions if and to the extent such a stay is necessary to support the negotiations of a restructuring plan . ### member states shall ensure that debtors who are negotiating a restructuring plan with their creditors may benefit from a stay of individual enforcement actions if and to the extent such a stay is necessary to support the negotiations of a restructuring plan and if the debtor can demonstrate the ability to restructure , in order to justify that such a stay is necessary to allow the negotiation of a restructuring plan .


### member states shall ensure that a stay of individual enforcement actions may be ordered in respect of all types of creditors , including secured and preferential creditors . the stay may be general , covering all creditors , or limited , covering one or more individual creditors , in accordance with national law . ### member states shall ensure that a stay of individual enforcement actions may be ordered in respect of the creditors , including secured and preferential creditors , involved in the negotiation of the restructuring plan . the stay may be general , covering all creditors , or limited , covering one or more individual creditors , in accordance with national law .


### paragraph 2 shall not apply to workers ' outstanding claims except if and to the extent that member states ensure by other means that the payment of such claims is guaranteed at a level of protection at least equivalent to that provided for under the relevant national law transposing directive 2008 / 94 / ec . ### paragraph 2 shall not apply to micro and small enterprise claims and workers ' outstanding claims except if and to the extent that member states ensure by other means that the payment of such claims is guaranteed at a level of protection at least equivalent to that provided for under the relevant national law transposing directive 2008 / 94 / ec .


### member states shall ensure that , where an individual creditor or a single class of creditors is or would be unfairly prejudiced by a stay of individual enforcement actions , the judicial or administrative authority may decide not grant the stay of individual enforcement actions or may lift a stay of individual enforcement actions already granted in respect of that creditor or class of creditors , at the request of the creditors concerned . ### member states shall ensure that , where an individual creditor or a single class of creditors is or would be unfairly prejudiced by a stay of individual enforcement actions , the judicial or administrative authority may decide not grant the stay of individual enforcement actions or may lift a stay of individual enforcement actions already granted in respect of that creditor or class of creditors , at the request of the creditors concerned . an unfair prejudice exists at least where if a creditor or class of creditor is facing considerable economic difficulties .


### member states shall ensure that , where an individual creditor or a single class of creditors is or would be unfairly prejudiced by a stay of individual enforcement actions , the judicial or administrative authority may decide not grant the stay of individual enforcement actions or may lift a stay of individual enforcement actions already granted in respect of that creditor or class of creditors , at the request of the creditors concerned . ### member states shall ensure that , where an individual creditor or a single class of creditors is or would be unfairly prejudiced by a stay of individual enforcement actions , or a vulnerable creditor would encounter financial difficulties , the judicial or administrative authority may decide not grant the stay of individual enforcement actions or may lift a stay of individual enforcement actions already granted in respect of that creditor or class of creditors , at the request of the creditors concerned .


### a general stay covering all creditors shall prevent the opening of insolvency procedures at the request of one or more creditors . ### a general stay covering all creditors involved in the negotiation of the restructuring plan shall prevent the opening of insolvency procedures at the request of one or more creditors .


### member states may derogate from paragraph 1 where the debtor becomes illiquid and therefore unable to pay his debts as they fall due during the stay period . in that case , member states shall ensure that restructuring procedures are not automatically terminated and that , upon examining the prospects for achieving an agreement on a successful restructuring plan within the period of the stay , a judicial or administrative authority may decide to defer the opening of insolvency procedure and keep in place the benefit of the stay of individual enforcement actions . ### member states shall ensure that a derogation from paragraph 1 where the debtor becomes illiquid and therefore unable to pay his debts as they fall due during the stay period will be put in place . in that case , member states shall ensure that restructuring procedures are not automatically terminated and that , upon examining the prospects for achieving an agreement on a successful restructuring plan within the period of the stay , a judicial or administrative authority may decide to defer the opening of insolvency procedure and keep in place the benefit of the stay of individual enforcement actions , upon the condition of not financially troubling the creditors severely .


### member states shall ensure that , during the stay period , creditors to which the stay applies may not withhold performance or terminate , accelerate or in any other way modify executory contracts to the detriment of the debtor for debts that came into existence prior to the stay . member states may limit the application of this provision to essential contracts which are necessary for the continuation of the day - to - day operation of the business . ### member states may require that , during the stay period , creditors to which the stay applies may not withhold performance or terminate , accelerate or in any other way modify essential executory contracts to the detriment of the debtor for debts that came into existence prior to the stay . member states may limit the application of this provision to essential contracts which are necessary for the continuation of the day - to - day operation of the business , upon the condition of not financially troubling the creditors severely .


### member states shall ensure that creditors may not withhold performance or terminate , accelerate or in any other way modify executory contracts to the detriment of the debtor by virtue of a contractual clause providing for such measures , solely by reason of the debtor ' s entry into restructuring negotiations , a requested for a stay of individual enforcement actions , the ordering of the stay as such or any similar event connected to the stay . ### member states may require that creditors may not withhold performance or terminate , accelerate or in any other way modify executory contracts to the detriment of the debtor by virtue of a contractual clause providing for such measures , solely by reason of the debtor ' s entry into restructuring negotiations , a requested for a stay of individual enforcement actions , the ordering of the stay as such or any similar event connected to the stay .


### member states shall ensure that nothing prevents the debtor from paying in the ordinary course of business claims of or owed to unaffected creditors and the claims of affected creditors that arise after the stay is granted and which continue to arise throughout the period of the stay . ### member states shall ensure that nothing prevents the debtor from paying in the ordinary course of business claims of or owed to unaffected creditors and the claims of affected creditors that arise after the stay is granted and which continue to arise throughout the period of the stay . during that period , debtors shall be able to execute transactions that are in the interest of the continuity of the business .


### member states shall ensure that any affected creditors have a right to vote on the adoption of a restructuring plan . member states may also grant such voting rights to affected equity holders , in accordance with article 12 . ### member states shall determine which types of creditors might be affected by a restructuring plan and ensure that any affected creditors have a right to vote on the adoption of a restructuring plan . member states may also grant such voting rights to affected equity holders , in accordance with article 12 .


### member states shall ensure that affected parties are treated in separate classes which reflect the class formation criteria . classes shall be formed in such a way that each class comprises claims or interests with rights that are sufficiently similar to justify considering the members of the class a homogenous group with commonality of interest . as a minimum , secured and unsecured claims shall be treated in separate classes for the purposes of adopting a restructuring plan . member states may also provide that workers are treated in a separate class of their own . ### member states shall ensure that affected parties are treated in separate classes which reflect the class formation criteria . classes shall be formed in such a way that each class comprises claims or interests with rights that are sufficiently similar to justify considering the members of the class a homogenous group with commonality of interest . as a minimum , secured and unsecured claims shall be treated in separate classes for the purposes of adopting a restructuring plan . member states shall also provide specific rules supporting separate class formation for otherwise especially vulnerable creditors , such as workers or small suppliers .


### a restructuring plan shall be deemed to be adopted by affected parties , provided that a majority in the amount of their claims or interests is obtained in each and every class . member states shall lay down the required majorities for the adoption of a restructuring plan , which shall be in any case not higher than 75% in the amount of claims or interests in each class . ### a restructuring plan shall be deemed to be adopted by affected creditors and equity holders , provided that a majority in the amount of their claims or interests is obtained in each and every class . member states shall lay down the required majorities for the adoption of a restructuring plan , which shall be in any case not higher than 75% in the amount of claims or interests in each class .


### a restructuring plan shall be deemed to be adopted by affected parties , provided that a majority in the amount of their claims or interests is obtained in each and every class . member states shall lay down the required majorities for the adoption of a restructuring plan , which shall be in any case not higher than 75% in the amount of claims or interests in each class . ### a restructuring plan shall be deemed to be adopted by affected parties , provided that a majority in the amount of their claims or interests is obtained in each and every class . member states shall lay down the required majorities for the adoption of a restructuring plan , which shall be in any case not lower than 75% in the amount of claims or interests in each class .


### member states may require the transactions referred to in point of paragraph 2 to be approved by a practitioner in the field of restructuring or by a judicial or administrative authority in order to benefit from the protection referred to in paragraph 1 . ### member states shall require the transactions referred to in point of paragraph 2 to be approved by a practitioner in the field of restructuring or by a judicial or administrative authority in order to benefit from the protection referred to in paragraph 1 .


### the over - indebted entrepreneur does not adhere to a repayment plan or to any other legal obligation aimed at safeguarding the interests of creditors ; ### the over - indebted entrepreneur does not substantially adhere to a repayment plan or to any other legal obligation aimed at safeguarding the interests of creditors , taking into consideration the difficulties in terms of adherence to insolvency and restructuring procedures , which micro and small enterprises encounter .


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


### member states shall ensure that the members of the judiciary and administrative authorities dealing with restructuring , insolvency and second chance matters receive initial and further training to a level appropriate to their responsibilities . ### member states shall ensure that the members of the judiciary and administrative authorities dealing with restructuring , insolvency and second chance matters have the expertise and experience at a level appropriate to their responsibilities .


### member states shall ensure that mediators , insolvency practitioners and other practitioners appointed in restructuring , insolvency and second chance matters receive the necessary initial and further training in order to ensure that their services are provided in an effective , impartial , independent and competent way in relation to the parties . ### member states shall ensure that mediators , insolvency practitioners and other practitioners appointed in restructuring , insolvency and second chance matters have the expertise&#160 ; and experience&#160 ; in order to ensure that their services are provided in an effective , impartial , independent and competent way in relation to the parties .


### where practitioners in the field of restructuring , insolvency and second chance are appointed by the judicial or administrative authority , member states shall ensure that the criteria concerning the manner in which the judicial or administrative authority selects such a practitioner are clear and transparent . in selecting a practitioner in the field of restructuring , insolvency and second chance for a particular case , due consideration shall be given to the practitioner ' s experience and expertise . where appropriate , the debtors and creditors shall be consulted in the selection of the practitioner . ### where practitioners in the field of restructuring , insolvency and second chance are appointed by the judicial or administrative authority , member states shall ensure that the criteria concerning the manner in which the judicial or administrative authority selects such a practitioner are clear and transparent . in selecting a practitioner in the field of restructuring , insolvency and second chance for a particular case , due consideration shall be given to the practitioner ' s experience and expertise .


### member states shall ensure that the fees charged by practitioners in the field of restructuring , insolvency and second chance are governed by rules which incentivise a timely and efficient resolution of procedures with due regard to the complexity of the case . member states shall ensure that appropriate procedures with built - in safeguards are available to ensure that any disputes over remuneration can be resolved in a timely manner . ### member states shall ensure that the fees charged by practitioners in the field of restructuring , insolvency and second chance are governed by rules which incentivise a timely and efficient resolution of procedures with due regard to the complexity of the case , and to the responsibilities of an administrative or judicial authority . member states shall ensure that appropriate procedures with built - in safeguards are available to ensure that any disputes over remuneration can be resolved in a timely manner .


### other persons trading in goods to the extent that payments are made or received in cash in an amount of eur 10 000 or more , whether the transaction is carried out in a single operation or in several operations which appear to be linked ; ' ### in article 2 , paragraph 1 , point 3 point e is replaced by the following : other persons trading in goods or services to the extent that payments are made or received in cash in an amount of eur 10 000 or more , whether the transaction is carried out in a single operation or in several operations which appear to be linked ; '


### in the case of persons trading in goods , when carrying out occasional transactions in cash amounting to eur 10 000 or more , whether the transaction is carried out in a single operation or in several operations which appear to be linked ; ' ### in article 11 , point c is replaced by the following : in the case of persons trading in goods or services , when carrying out occasional transactions in cash amounting to eur 10 000 or more , whether the transaction is carried out in a single operation or in several operations which appear to be linked ; '


### in order to address the need for implementation and compliance information , amendments of several pieces of environmental legislation should be introduced taking into account the results of the commission report on actions to streamline environmental report45 and its related fitness check46 . __________________ 45 com 312 . 46 swd 230 . ### in order to address the need for implementation and compliance information , amendments of several pieces of legislation related to the environment should be introduced , taking into account the results of the commission report on actions to streamline environmental report45 and its related fitness check46 . __________________ 45 com 312 . 46 swd 230 .