### while the procurement procedure is under way , all contacts between the contracting authority and candidates or tenderers shall satisfy conditions ensuring transparency and equal treatment . after the time limit for receipt of tenders , these contacts shall not lead to changes to the procurement documents or to substantial changes to the terms of the submitted tender , except where a procedure set out in article 104 specifically allows for these possibilities . ### while the procurement procedure is under way , all contacts between the contracting authority and candidates or tenderers shall satisfy conditions ensuring transparency , equal treatment and good administration as set out in article 96 . after the time limit for receipt of tenders , these contacts shall not lead to changes to the procurement documents or to substantial changes to the terms of the submitted tender , except where a procedure set out in article 104 specifically allows for these possibilities .


### the contracting authority may modify a contract or framework contract substantially without a procurement procedure only in cases provided for in the delegated acts adopted pursuant to this regulation and provided the substantial modification does not alter the subject matter of the contract or framework contract . ### the contracting authority may modify a contract or framework contract without a procurement procedure only in cases provided for in paragraph [ 2a ] or in the delegated acts adopted pursuant to this regulation and provided the modification does not alter the subject matter or overall nature of the contract or framework contract .


### ensure full performance of the contract after payment of the balance . ### ensure full performance of the contract during the contract liability period .


### subject to exceptions and conditions to be specified in the delegated acts adopted pursuant to this regulation , in the case of contracts above the thresholds set out in paragraph 1 , the contracting authority shall not sign the contract or framework contract with the successful tenderer until a standstill period has elapsed . ### subject to exceptions and conditions to be specified in the delegated acts adopted pursuant to this regulation , in the case of contracts above the thresholds set out in paragraph 1 , the contracting authority shall not sign the contract or framework contract with the successful tenderer until a standstill period has elapsed . contracts signed before the end of the standstill period shall be void .


### where financial instruments are implemented under shared management with member states , the provisions applying to those instruments , including rules for contributions to financial instruments managed directly or indirectly in accordance with this title , shall be laid down in the regulations referred to in article 175 . ### article 139 is replaced by the following : ' 5 . where financial instruments are implemented under shared management with member states , the provisions applying to those instruments , including rules for contributions to financial instruments managed directly or indirectly in accordance with this title , shall be laid down in the regulations referred to in article 175 . notwithstanding the foregoing , article 140 shall also apply to financial instruments under shared management . '


### no financial support shall be granted to dedicated investment vehicles , to financial intermediaries and to final recipients which are in one of the situations referred to in points , and of article 106 and points and of article 107 . ### no financial support shall be granted to dedicated investment vehicles , to financial intermediaries and to final recipients which are in one of the situations referred to in points , , and of article 106 and points , and of article 107 .


### the court of auditors shall transmit to the commission and the institutions concerned , by 30 june , any observations which are , in its opinion , such that they should appear in the annual report . those observations shall remain confidential and shall be subject to an adversarial procedure . each institution shall address its reply to the court of auditors by 15 october . the replies of institutions other than the commission shall be sent to the commission at the same time . ### article 162 is replaced by the following : ' 1 . the court of auditors shall transmit to the commission and the institutions concerned , by 30 june , any observations which are , in its opinion , such that they should appear in the annual report . those observations shall remain confidential and shall be subject to an adversarial procedure . they shall nevertheless be made available to the european parliament on request , if appropriate , on a confidential basis . each institution shall address its reply to the court of auditors by 15 october . the replies of institutions other than the commission shall be sent to the commission at the same time . '


### the court of auditors shall transmit to the commission and the institutions concerned , by 30 june , any observations which are , in its opinion , such that they should appear in the annual report . those observations shall remain confidential and shall be subject to an adversarial procedure . each institution shall address its reply to the court of auditors by 15 october . the replies of institutions other than the commission shall be sent to the commission at the same time . ### article 162 is replaced by the following : ' 1 . the court of auditors shall transmit to the commission and the institutions concerned by 30 june , any observations which are , in its opinion , such that they should appear in the annual report . those observations shall remain confidential and shall be subject to an adversarial procedure . each institution shall address its reply to the court of auditors by 15 october . the replies of institutions other than the commission shall be sent to the commission at the same time . they shall nevertheless be published in the end of the adversarial procedure . '


### the court of auditors shall transmit to the commission and the institutions concerned , by 30 june , any observations which are , in its opinion , such that they should appear in the annual report . those observations shall remain confidential and shall be subject to an adversarial procedure . each institution shall address its reply to the court of auditors by 15 october . the replies of institutions other than the commission shall be sent to the commission at the same time . ### article 162 is replaced by the following : ' 1 . the court of auditors shall transmit to the commission and the institutions concerned , by 30 june , any observations which are , in its opinion , such that they should appear in the annual report . those observations shall remain confidential and shall be subject to an adversarial procedure . they shall nevertheless be made available to the european parliament on request , if appropriate on a confidential basis . each institution shall address its reply to the court of auditors by 15 october . the replies of institutions other than the commission shall be sent to the commission at the same time . '


### the court of auditors shall transmit to the institution or the body concerned any observations which are , in its opinion , such that they should appear in a special report . those observations shall remain confidential and shall be subject to an adversarial procedure . the institution or the body concerned shall inform the court of auditors , within two and a half months of transmission of those observations , of any replies it wishes to make in relation to those observations . the court of auditors shall adopt the definitive version of the special report the month following receipt of the replies made by the institution or body concerned . the special reports , together with the replies of the institutions or bodies concerned , shall be transmitted without delay to the european parliament and the council , each of which shall decide , where appropriate in conjunction with the commission , what action is to be taken in response . the court of auditors shall take all necessary steps to ensure that the replies to its observations from each institution or body concerned are published together with the special report . ### article 163 is replaced by the following : ' 1 . the court of auditors shall transmit to the institution or the body concerned any observations which are , in its opinion , such that they should appear in a special report . those observations shall remain confidential and shall be subject to an adversarial procedure . the replies of the institution or the body concerned shall directly and exclusively address those observations . the court of auditors shall adopt the definitive version of the special report within two and a half months of transmission of those observations to the institution or body concerned . the special reports , together with the replies of the institutions or bodies concerned , shall be transmitted without delay to the european parliament and the council , each of which shall decide , where appropriate in conjunction with the commission , what action is to be taken in response . the court of auditors shall take all necessary steps to ensure that the replies to its observations from each institution or body concerned are published together with the special report . '


### the court of auditors shall transmit to the institution or the body concerned any observations which are , in its opinion , such that they should appear in a special report . those observations shall remain confidential and shall be subject to an adversarial procedure . the institution or the body concerned shall inform the court of auditors , within two and a half months of transmission of those observations , of any replies it wishes to make in relation to those observations . the court of auditors shall adopt the definitive version of the special report the month following receipt of the replies made by the institution or body concerned . the special reports , together with the replies of the institutions or bodies concerned , shall be transmitted without delay to the european parliament and the council , each of which shall decide , where appropriate in conjunction with the commission , what action is to be taken in response . the court of auditors shall take all necessary steps to ensure that the replies to its observations from each institution or body concerned are published together with the special report . ### article 163 is replaced by the following : ' 1 . the court of auditors shall transmit to the institution or the body concerned any observations which are , in its opinion , such that they should appear in a special report . those observations shall remain confidential and shall be subject to an adversarial procedure . the institution or the body concerned shall inform the court of auditors , in general within five weeks of transmission of those observations , of any replies it wishes to make in relation to those observations . the replies of the institution or the body concerned shall directly and exclusively address those observations . the court of auditors shall ensure that special reports are drawn up and adopted within an appropriate period of time , which shall , in general , not exceed 12 months . the special reports , together with the replies of the institutions or bodies concerned , shall be transmitted without delay to the european parliament and the council , each of which shall decide , where appropriate in conjunction with the commission , what action is to be taken in response . the court of auditors shall take all necessary steps to ensure that the replies to its observations from each institution or body concerned , as well as the timeline for the drawing up of the special report , are published together with the special report . '


### the court of auditors shall adopt the definitive version of the special report the month following receipt of the replies made by the institution or body concerned . ### in article 163 , the third subparagraph is replaced by the following : ' the court of auditors shall adopt the definitive version of the special report within two and a half months of transmission of those observations and after having received the replies of the institution or the body concerned that fully and precisely address those observations . '


### in accordance with article 319 tfeu and article 106a of the euratom treaty , the commission and the other institutions shall take all appropriate steps to act on the observations accompanying the european parliament ' s discharge decision and on the comments accompanying the recommendation for discharge adopted by the council . 2 . at the request of the european parliament or the council , the institutions shall report on the measures taken in the light of those observations and comments , and , in particular , on the instructions they have given to any of their departments which are responsible for the implementation of the budget . the member states shall cooperate with the commission by informing it of the measures they have taken to act on those observations so that the commission may take them into account when drawing up its own report . the reports from the institutions shall also be transmitted to the court of auditors . ### article 166 is replaced by the following : ' 1 . in accordance with article 319 tfeu and article 106a of the euratom treaty , the commission and the other institutions and bodies shall take all appropriate steps to act on the observations accompanying the european parliament’s discharge decision and on the comments accompanying the recommendation for discharge adopted by the council . 2 . at the request of the european parliament or the council , the other institutions and bodies shall report on the measures taken in the light of those observations and comments , and , in particular , on the instructions they have given to any of their departments which are responsible for the implementation of the budget . the member states shall cooperate with the commission by informing it of the measures they have taken to act on those observations so that the commission may take them into account when drawing up its own report . the reports from the institutions and bodies shall also be transmitted to the court of auditors . '


### the commission shall be empowered to adopt delegated acts in accordance with article 210 concerning detailed rules on external action procurement . ### the commission shall be empowered to adopt delegated acts in accordance with article 210 concerning detailed rules on external action procurement . these rules shall include specific provisions on procurement related to civilian missions under the common security and defence policy in order to guarantee the rapid and flexible conduct of operations , establishing , in particular , adapted fast - track procedures to be applied to all civilian csdp missions .


### the bodies having legal personality set up by a basic act and entrusted with the implementation of a public - private partnership shall adopt their financial rules . those rules shall include a set of principles necessary to ensure sound financial management of union funds . the commission shall be empowered to adopt a model financial regulation by means of a delegated act in accordance with article 210 which shall lay down the principles necessary to ensure sound financial management of union funds and which shall be based on article 60 . the financial rules of those bodies shall not depart from the model financial regulation except where their specific needs so require and with the commission ' s prior consent . ### article 209 is replaced by the following : ' 1 . the bodies having legal personality set up by a basic act and entrusted with the implementation of a public - private partnership shall adopt their financial rules . those rules shall include a set of principles necessary to ensure sound financial management of union funds . the commission shall be empowered to adopt a model financial regulation by means of a delegated act in accordance with article 210 which shall lay down the principles necessary to ensure sound financial management of union funds and which shall be based on article 60 . the financial rules of those bodies shall not depart from the model financial regulation except where their specific needs so require and with the commission ' s prior consent . 2 . discharge for the implementation of the budgets of the bodies referred to in paragraph 1 , shall be given by the european parliament on the recommendation of the council . the bodies referred to in paragraph 1 shall fully cooperate with the institutions involved in the discharge procedure and provide , as appropriate , any additional necessary information , including through attendance at meetings of the relevant bodies . 3 . the commission’s internal auditor shall exercise the same powers over the bodies referred to in paragraph 1 as those exercised in respect of the commission . 4 . an independent external auditor shall verify that the annual accounts of each of the bodies referred to in paragraph 1 properly present the income , expenditure and financial position of the relevant body prior to the consolidation in the commission’s final accounts or by the date set in the financial rules of the relevant bodies . unless otherwise provided in the basic act referred to in paragraph 1 , the court of auditors shall prepare a specific annual report on each body in line with the requirements of article 287 tfeu . in preparing this report , the court shall consider the audit work performed by the independent external auditor and the action taken in response to the auditor’s findings . '


### article 209 model financial regulation for public - private partnership bodies the bodies having legal personality set up by a basic act and entrusted with the implementation of a public - private partnership shall adopt their financial rules . those rules shall include a set of principles necessary to ensure sound financial management of union funds . the commission shall be empowered to adopt a model financial regulation by means of a delegated act in accordance with article 210 which shall lay down the principles necessary to ensure sound financial management of union funds and which shall be based on article 60 . the financial rules of those bodies shall not depart from the model financial regulation except where their specific needs so require and with the commission ' s prior consent . ### article 209 is replaced by the following : ' article 209 model financial regulation for public - private partnership bodies the bodies having legal personality set up by a basic act and entrusted with the implementation of a public - private partnership shall adopt their financial rules . those rules shall include a set of principles necessary to ensure sound financial management of union funds . the commission shall be empowered to adopt a model financial regulation by means of a delegated act in accordance with article 210 which shall lay down the principles necessary to ensure sound financial management of union funds and which shall be based on article 60 . the financial rules of those bodies shall not depart from the model financial regulation except where their specific needs so require and with the commission’s prior consent . 2 . discharge for the implementation of the budget of the bodies referred to in paragraph 1 shall be given by the european parliament on the recommendation of the council . those bodies shall fully cooperate with the institutions involved in the discharge procedure and provide , as appropriate , any additional necessary information , including through attendance at meetings of the relevant bodies . 3 . an independent external auditor shall verify that the annual accounts of the bodies referred to in paragraph 1 properly present the income , expenditure and financial position of the relevant body prior to the consolidation in the commission’s final accounts or by the date set in the financial rules of the relevant body . unless otherwise provided for in the basic act referred to in the first subparagraph of paragraph 1 , the court of auditors shall prepare a specific annual report for each body , in accordance with article 287 tfeu . when preparing this report , the court of auditors shall take in consideration the work performed by the independent external auditor and the action taken in response to the auditor’s findings . ’


### the ecris legal framework , however , does not sufficiently cover the particularities of requests concerning third country nationals . although it is now possible to exchange information on third country nationals through ecris , there is no procedure or mechanism in place to do so efficiently . ### the existing ecris legal framework , however , does not sufficiently address the particularities of requests concerning third country nationals . although it is already possible to exchange information on third country nationals through ecris , there is no common european procedure or mechanism in place to do so efficiently .


### such blanket requests impose an administrative burden on all member states , including those not holding information on the particular third country national . in practice , this negative effect deters member states from requesting information on third country nationals and leads to member states limiting the criminal record information on information stored in their national register . ### such blanket requests impose a disproportionate administrative burden on all member states , including those not holding information on the particular third country national . in practice , this negative effect deters member states from requesting information on third country nationals from other member states which leads to serious limitation of exchange of criminal record information on information stored in their national register . as a consequence , the third country national already convicted in another member states may be undetected by the convicting member state , which in turn affects the level of security and safety provided to union citizens and persons residing within the union .


### as a result , a system should be established by which the central authority of a member state finds out quickly and efficiently in which other member state criminal record information on a third country national is stored so that the existing ecris framework can then be used . ### as a result , a system should be established by which the central authority of a member state finds out promptly and efficiently which other member state holds criminal record information on a third country national .


### in order to compensate the lack of a single member state where information on a particular third country national is stored , decentralised information technology should enable the central authorities of the member states to find out in which other member state criminal record information is stored . for this purpose , each central authority should distribute to the other member states an index - filter which includes , in an anonymised form , the identification data of the third country nationals convicted in its member state . the personal data should be rendered anonymous in such a way that the data subject is not identifiable . the receiving member state may then match these data with their own information on a ‘ hit’ / ‘ no hit’ basis , thus finding out whether or not criminal record information is available in other member states and , in case of a ‘ hit’ , in which member states . the receiving member state should then follow up a ‘ hit’ using the ecris framework . with respect to third country nationals who also hold the nationality of a member state , the information included in the index should be limited to information available as regards nationals of member states . ### in order to compensate the lack of a single member state being directly responsible for the storage of information on each particular convicted third country national , a decentralised information technology system should enable the central authorities of the member states to find out which other member state has criminal record information on this particular third country national . for this purpose , each designated central authority should distribute to the other member states an index - filter which includes , in a pseudonymised form , the identification data of the third country nationals convicted in its member state . the personal data should be pseudonymised in such a way that the data subject is not directly identifiable . the convicting member state may then match these data with their own information , thus finding out whether a particular third country national has already been convicted in other member states . given the fact that in the case of third country nationals there is no member state of nationality , it is appropriate to consider the possibility of establishing for third country nationals a centralised system which would be more efficient .


### establishes a decentralised information technology system for the exchange of information on convictions based on the criminal records databases in each member state , the european criminal record information system . ' ; ### establishes a european information technology system for the exchange of information on convictions based on the criminal records databases in each member state , the european criminal record information system . ' ;


### when information extracted from the criminal record is requested under article 6 from the central authority of the member state of the person’s nationality for any purposes other than that of criminal proceedings , that central authority shall in respect of convictions handed down in the member state of the person’s nationality and of convictions handed down in third countries , which have been subsequently transmitted to it and entered in its criminal record , reply in accordance with its national law . ### in article 7 the first subparagraph is replaced by the following : ' 2 . when information extracted from the criminal record is requested under article 6 from the central authority of the member state of the person ' s nationality for any purposes other than that of criminal proceedings , that central authority shall in respect of convictions handed down in the member state of the person ' s nationality and of convictions handed down in third countries , which have been subsequently transmitted to it and entered in its criminal record , reply , if so provided in the national law of the member state of the person ' s nationality or of the requesting member state . ' ;


### the investeu fund should contribute to improving the competitiveness of the union , including in the field of innovation and digitisation , the sustainability of the union ' s economic growth , the social resilience and inclusiveness and the integration of the union capital markets , including solutions addressing their fragmentation and diversifying sources of financing for the union enterprises . to that end , it should support projects that are technically and economically viable by providing a framework for the use of debt , risk sharing and equity instruments underpinned by a guarantee from the union ' s budget and by contributions from implementing partners . it should be demand - driven while support under the investeu fund should at the same time focus on contributing to meeting policy objectives of the union . ### the investeu fund should contribute to improving the competitiveness of the union , including in the field of innovation and digitisation , supporting skills , the sustainability of the union ' s economic growth , the social resilience and inclusiveness , in particular for young people from vulnerable social groups , and the integration of the union capital markets , including solutions addressing their fragmentation and diversifying sources of financing for the union enterprises . to that end , it should support projects that are technically and economically viable by providing a framework for the use of debt , risk sharing and equity instruments underpinned by a guarantee from the union ' s budget and by contributions from implementing partners . it should be demand - driven while support under the investeu fund should at the same time focus on contributing to meeting policy objectives of the union .


### low infrastructure investment rates in the union during the financial crisis undermined the union ' s ability to boost sustainable growth , competitiveness and convergence . sizeable investments in the european infrastructure are fundamental to meet the union ' s sustainability targets , including the 2030 energy and climate targets . accordingly , support from the investeu fund should target investments into transport , energy , including energy efficiency and renewable energy , environmental , climate action , maritime and digital infrastructure . to maximise the impact and the value added of union financing support , it is appropriate to promote a streamlined investment process enabling visibility of the project pipeline and consistency across relevant union programmes . bearing in mind security threats , investment projects receiving union support should take into account principles for the protection of citizens in public spaces . this should be complementary to the efforts made by other union funds such as the european regional development fund providing support for security components of investments in public spaces , transport , energy and other critical infrastructure . ### low infrastructure investment rates in the union during the financial crisis undermined the union ' s ability to boost sustainable growth , competitiveness and convergence . sizeable investments in the european infrastructure are fundamental to meet the union ' s sustainability targets , including the 2030 energy and climate targets . accordingly , support from the investeu fund should target investments into transport , energy , including energy efficiency and renewable energy , environmental , climate action , maritime and digital infrastructure . to maximise the impact and the value added of union financing support , it is appropriate to promote a streamlined investment process enabling visibility of the project pipeline and consistency across relevant union programmes . bearing in mind security threats , investment projects receiving union support should take into account principles for the protection of citizens in public spaces , as well as places where large crowds gather , such as stadiums , educational institutions , museums and monuments . this should be complementary to the efforts made by other union funds such as the european regional development fund providing support for security components of investments in public spaces , transport , energy and other critical infrastructure .


### whereas the level of overall investment in the union is increasing , investment in higher - risk activities such as research and innovation is still inadequate . the resulting underinvestment in research and innovation is damaging to the industrial and economic competitiveness of the union and the quality of life of its citizens . the investeu fund should provide the appropriate financial products to cover different stages in the innovation cycle and a wide range of stakeholders , in particular to allow the upscaling of and deployment of solutions at a commercial scale in the union , in order to make such solutions competitive on world markets . ### whereas the level of overall investment in the union is increasing , investment in higher - risk activities such as research and innovation , in particular in the case of innovative business ideas relating to rapidly growing sectors of the economy , such as the cultural and creative industries , is still inadequate . the resulting underinvestment and difficulties in accessing financial mechanisms in research and innovation are damaging to the industrial and economic competitiveness of the union and the quality of life of its citizens . the investeu fund should provide the appropriate financial products to cover different stages in the innovation cycle and a wide range of stakeholders , such as young entrepreneurs , in particular to allow the upscaling of and deployment of solutions at a commercial scale in the union , in order to make such solutions competitive on world markets .


### as set out in the reflection paper on the social dimension of europe16and the european pillar of social rights17 , building a more inclusive and fairer union is a key priority for the union to tackle inequality and foster social inclusion policies in europe . inequality of opportunities affects in particular access to education , training and health . investment in the social , skills and human capital - related economy , as well as in the integration of vulnerable populations in the society , can enhance economic opportunities , especially if coordinated at union level . the investeu fund should be used to support investment in education and training , help increase employment , in particular among the unskilled and long - term unemployed , and improve the situation with regard to intergenerational solidarity , the health sector , homelessness , digital inclusiveness , community development , the role and place of young people in society as well as vulnerable people , including third country nationals . the investeu programme should also contribute to the support of european culture and creativity . to counter the profound transformations of societies in the union and of the labour market in the coming decade , it is necessary to invest in human capital , microfinance , social enterprise finance and new social economy business models , including social impact investment and social outcomes contracting . the investeu programme should strengthen nascent social market eco - system , increasing the supply of and access to finance to micro - and social enterprises , to meet the demand of those who need it the most . the report of the high - level task - force on investing in social infrastructure in europe18has identified investment gaps in social infrastructure and services , including for education , training , health and housing , which call for support , including at the union level . therefore , the collective power of public , commercial and philanthropic capital , as well as support from foundations , should be harnessed to support the social market value chain development and a more resilient union . _________________ 16 com 206 . 17 com 250 . 18 published as european economy discussion paper 074 in january 2018 . ### as set out in the reflection paper on the social dimension of europe16 and the european pillar of social rights17 , building a more inclusive and fairer union is a key priority for the union to tackle inequality and foster social inclusion policies in europe . inequality of opportunities affects in particular access to education , training and health . investment in the social , skills and human capital - related economy , as well as in the integration of vulnerable populations in the society and support for the younger generation , can enhance economic opportunities , especially if coordinated at union level . the investeu fund should be used to support investment in education and training , help increase employment , in particular among the unskilled and long - term unemployed , and improve the situation with regard to intergenerational solidarity , the health sector , homelessness , digital inclusiveness , community development , the role and place of young people in society , especially those not in education , employment or training , as well as vulnerable people , including third country nationals . the investeu programme should also contribute to the support of european culture and creativity as well as grassroots sport that is a lever for social and economic development . to counter the profound transformations of societies in the union and of the labour market in the coming decade , it is necessary to invest in human capital , microfinance and the financing of social enterprises , educational institutions , cultural and creative sector businesses , sports organisations as well as in new social economy business models , including social impact investment and social outcomes contracting . the investeu programme should strengthen nascent social market eco - system , increasing the supply of and access to finance to micro - and social enterprises , to meet the demand of those who need it the most . the report of the high - level task - force on investing in social infrastructure in europe18 has identified investment gaps in social infrastructure and services , including for education , training , health , housing , culture and sport which call for support , including at the union level . therefore , the collective power of public , commercial and philanthropic capital , as well as support from foundations , should be harnessed to support the social market value chain development and a more resilient union . _________________ 16 com 206 . 17 com 250 . 18 published as european economy discussion paper 074 in january 2018 .


### each policy window should be composed of two compartments , that is to say an eu compartment and a member state compartment . the eu compartment should address union - wide market failures or sub - optimal investment situations in a proportionate manner ; supported actions should have a clear european added value . the member state compartment should give member states the possibility to contribute a share of their resources of funds under shared management to the provisioning of the eu guarantee to use the eu guarantee for financing or investment operations to address specific market failures or sub - optimal investment situations in their own territory , including in vulnerable and remote areas such as the outermost regions of the union , to deliver objectives of the fund under shared management . actions supported from the investeu fund through either eu or member state compartments should not duplicate or crowd out private financing or distort competition in the internal market . ### each policy window should be composed of two compartments , that is to say an eu compartment and a member state compartment . the eu compartment should address union - wide market failures or sub - optimal investment situations in a proportionate manner ; supported actions should have a clear european added value . the member state compartment should give member states the possibility to contribute a share of their resources of funds under shared management to the provisioning of the eu guarantee to use the eu guarantee for financing or investment operations to address specific market failures or sub - optimal investment situations in their own territory , including in vulnerable , border , inaccessible and remote areas and mountain and island regions , such as the outermost regions of the union , to deliver objectives of the fund under shared management . actions supported from the investeu fund through either eu or member state compartments should not duplicate or crowd out private financing or distort competition in the internal market .


### the social resilience and inclusiveness of the union ; ### the social resilience and inclusiveness of the union ; particular emphasis should be placed on combating unemployment and developing skills , in particular among young people ;


### to support financing and investment operations in research , innovation and digitisation ; ### to support financing and investment operations in education , research , innovation and digitisation ;


### sustainable infrastructure policy window : comprises sustainable investment in the areas of transport , energy , digital connectivity , supply and processing of raw materials , space , oceans and water , waste , nature and other environment infrastructure , equipment , mobile assets and deployment of innovative technologies that contribute to the environmental or social sustainability objectives of the union , or to both , or meet the environmental or social sustainability standards of the union ; ### sustainable infrastructure policy window : comprises sustainable investment in the areas of transport , energy , digital connectivity , education , supply and processing of raw materials , space , oceans and water , waste , nature and other environment infrastructure , the cultural heritage , sport , equipment , mobile assets and deployment of innovative technologies that contribute to the environmental or social sustainability objectives of the union , or to both , or meet the environmental or social sustainability standards of the union ;


### social investment and skills policy window : comprises microfinance , social enterprise finance and social economy ; skills , education , training and related services ; social infrastructure ; social innovation ; health and long - term care ; inclusion and accessibility ; cultural activities with a social goal ; integration of vulnerable people , including third country nationals . ### social investment and skills policy window : comprises microfinance , social enterprise finance and social economy ; skills , education , training and related services ; social infrastructure ; social innovation ; health and long - term care ; inclusion and accessibility ; cultural and sports activities with a social goal ; actions relating to young people , especially those not in education , employment or training ; integration of vulnerable people , including third country nationals .


### enhancement and restoration of eco - systems and their services ; ### enhancement and restoration of eco - systems and their services ; conservation and protection of natural archaeological sites and monuments of the cultural environment ;


### cultural and creative sectors ; media , audio - visual sector and journalism . ### cultural and creative sectors ; media , audio - visual sector and journalism , advertising , the cultural heritage , traditional handicrafts , museums , sports , design , cinema , theatre , music , visual arts , publishing , video games .


### tourism . ### tourism , including projects that drive sustainable tourism and are associated with any special form of thematic tourism such as cultural , religious and pilgrimage , sports and educational tourism , rural tourism and youth tourism .


### education and training , including early childhood education and care , educational facilities , student housing and digital equipment ; ### education and training , including pre - school education , upbringing and care , educational facilities , student housing and digital equipment ;


### cultural activities with a social goal ; ### cultural activities and sports events with a social goal ; support for vulnerable groups , social inclusion and charity ;


### the extended efsi should address remaining market failures and sub - optimal investment situations and continue to mobilise private sector financing in investments crucial for europe’s future job creation – including for the youth – , growth and competitiveness with strengthened additionality . they include investments in the areas of energy , environment and climate action , social and human capital and related infrastructure , healthcare , research and innovation , cross - border and sustainable transport , as well as the digital transformation . in particular , the contribution of operations supported by the efsi to achieving the union’s ambitious targets set at the paris climate conference should be reinforced . energy interconnection priority projects and energy efficiency projects should also be increasingly targeted . in addition , efsi support to motorways should be avoided , unless it is needed to support private investment in transport in cohesion countries or in cross - border transport projects involving at least one cohesion country . for reasons of clarity , although they are already eligible , it should be explicitly laid down that projects in the fields of agriculture , fishery and aquaculture come within the general objectives eligible for efsi support . ### the extended efsi should address remaining market failures and sub - optimal investment situations and continue to mobilise private sector financing in investments crucial for europe’s future job creation – including for the youth – , growth and competitiveness with strengthened additionality . they include investments in the areas of energy , environment and climate action , the circular economy , social and human capital and related infrastructure , healthcare , research and innovation , cross - border and sustainable transport , tourism , as well as the digital transformation . in particular , the contribution of operations supported by the efsi to achieving the union’s ambitious targets set at the paris climate conference should be reinforced . this would be in line with eib’s current climate finance target of 25% based on its full portfolio . energy interconnection priority projects and energy efficiency projects should also be increasingly targeted especially since the former could exemplify cases of market failure and the latter of sub - optimal investment situations . in addition , efsi support to motorways should be avoided , unless it is needed to support private investment in transport in cohesion countries or in cross - border transport projects involving at least one cohesion country . for reasons of clarity , although they are already eligible , it should be explicitly laid down that projects in the fields of agriculture , fishery and aquaculture come within the general objectives eligible for efsi support .


### additionality , a key feature of the efsi , should be strengthened in the selection of projects . in particular , operations should only be eligible for efsi support if they address clearly identified market failures or sub - optimal investment situations . operations in infrastructure under the infrastructure and innovation window linking two or more member states , including e - infrastructure , should be considered additional given their inherent difficulty and their high added value for the union . ### additionality , a key feature of the efsi , should be systematically assessed and documented in the selection of each project . in particular , operations should only be eligible for efsi support if they address clearly identified market failures or sub - optimal investment situations . operations in infrastructure under the infrastructure and innovation window linking two or more member states , especially if at least one member state is a cohesion country , including e - infrastructure , should be considered additional given their inherent difficulty and their high added value for the union .


### the eib and the eif should ensure that the final beneficiaries , including smes , are informed of the existence of efsi support , so as to enhance the visibility of the eu guarantee granted under regulation 2015 / 1017 . ### the eib and the eif should ensure that the final beneficiaries , including start - ups and smes , are informed of the existence of efsi support , so as to enhance the visibility of the eu guarantee granted under regulation 2015 / 1017 .


### the european investment advisory hub should be enhanced and its activities should focus on needs not covered adequately under current arrangements . it should pay particular attention to supporting the preparation of projects involving two or more member states and projects that contribute to achieving the objectives of cop21 . notwithstanding its objective to build upon existing advisory services of the eib and the commission , so to act as a single technical advisory hub for project financing within the union , the eiah should also contribute actively to the objective of sectorial and geographical diversification of the efsi and support the eib where needed in originating projects . it should also actively contribute to the establishment of investment platforms and provide advice on the combination of other sources of union funding with the efsi . ### the european investment advisory hub should be enhanced and its activities should focus on needs not covered adequately under current arrangements . it should pay particular attention to supporting the preparation of projects involving two or more member states and projects that contribute to achieving the objectives of cop21 . notwithstanding its objective to build upon existing advisory services of the eib and the commission , so to act as a single technical advisory hub for project financing within the union , the eiah should also contribute actively to the objective of sectorial and geographical diversification of the efsi and support the eib where needed in originating projects by strengthening its local presence in countries with limited capacity but with high investment potential . it should also actively collaborate with established national promotional banks , work with the commission in order to facilitate member states in the establishment of npbs , contribute to the establishment of sectoral or regional investment platforms and provide advice on the combination of other sources of union funding with the efsi .


### the approach of annually binding national limits taken in decision no 406 / 2009 / ec of the european parliament and of the council19 should be continued from 2021 to 2030 , with the start of the trajectory calculation in 2020 on the average of the greenhouse gas emissions during 2016 to 2018 and the end of the trajectory being the 2030 limit for each member state . an adjustment to the allocation in 2021 is provided for member states with both a positive limit under decision 406 / 2009 / ec and increasing annual emission allocations between 2017 and 2020 determined pursuant to decisions 2013 / 162 / eu and 2013 / 634 / eu , to reflect the capacity for increased emissions in those years . the european council concluded that the availability and use of existing flexibility instruments within the non - ets sectors should be significantly enhanced in order to ensure cost - effectiveness of the collective union effort and convergence of emissions per capita by 2030 . __________________ 19 decision no 406 / 2009 / ec of the european parliament and of the council of 23 april 2009 on the effort of member states to reduce their greenhouse gas emissions to meet the community’s greenhouse gas emission reduction commitments up to 2020 . ### the approach of annually binding national limits taken in decision no 406 / 2009 / ec of the european parliament and of the council19 should be continued from 2021 to 2030 . for the member states with a negative limit under annex ii of decision no 406 / 2009 / ec the start of the trajectory calculation should be in 2021 on the average of the greenhouse gas emissions during 2016 to 2018 and the end of the trajectory being the 2030 limit for that member state . for the member states with a positive limit under annex ii of decision no 406 / 2009 / ec the start of the trajectory calculation should be in 2021 on limit set for that member state in annex ii of decision no 406 / 2009 / ec and ending in 2030 on the limit set for that member state . an adjustment to the allocation in 2021 is provided for member states with both a positive limit under decision 406 / 2009 / ec and increasing annual emission allocations between 2017 and 2020 determined pursuant to decisions 2013 / 162 / eu and 2013 / 634 / eu , to reflect the capacity for increased emissions in those years . the european council concluded that the availability and use of existing flexibility instruments within the non - ets sectors should be significantly enhanced in order to ensure cost - effectiveness of the collective union effort and convergence of emissions per capita by 2030 . __________________ 19 decision no 406 / 2009 / ec of the european parliament and of the council of 23 april 2009 on the effort of member states to reduce their greenhouse gas emissions to meet the community’s greenhouse gas emission reduction commitments up to 2020 .


### the approach of annually binding national limits taken in decision no 406 / 2009 / ec of the european parliament and of the council19 should be continued from 2021 to 2030 , with the start of the trajectory calculation in 2020 on the average of the greenhouse gas emissions during 2016 to 2018 and the end of the trajectory being the 2030 limit for each member state . an adjustment to the allocation in 2021 is provided for member states with both a positive limit under decision 406 / 2009 / ec and increasing annual emission allocations between 2017 and 2020 determined pursuant to decisions 2013 / 162 / eu and 2013 / 634 / eu , to reflect the capacity for increased emissions in those years . the european council concluded that the availability and use of existing flexibility instruments within the non - ets sectors should be significantly enhanced in order to ensure cost - effectiveness of the collective union effort and convergence of emissions per capita by 2030 . __________________ 19 decision no 406 / 2009 / ec of the european parliament and of the council of 23 april 2009 on the effort of member states to reduce their greenhouse gas emissions to meet the community’s greenhouse gas emission reduction commitments up to 2020 . ### the approach of annually binding national limits taken in decision no 406 / 2009 / ec of the european parliament and of the council19 should be continued from 2021 to 2030 , with the start of the trajectory calculation in 2021 on the average of the greenhouse gas emissions during 2016 to 2018 or , in case of an overachievement of the 2020 target , on the annual emission allocation for 2020 pursuant to commission implementing decision 2013 / 634 / eu19a , in order to recognize and not to penalize the member states that , being early movers , have already put in place many efforts to reach the target , and the end of the trajectory being the 2030 limit for each member state . an adjustment to the allocation in 2021 is provided for member states with both a positive limit under decision 406 / 2009 / ec and increasing annual emission allocations between 2017 and 2020 determined pursuant to decisions 2013 / 162 / eu and 2013 / 634 / eu , to reflect the capacity for increased emissions in those years . the european council concluded that the availability and use of existing flexibility instruments within the non - ets sectors should be significantly enhanced in order to ensure cost - effectiveness of the collective union effort and convergence of emissions per capita by 2030 . __________________ 19 decision no 406 / 2009 / ec of the european parliament and of the council of 23 april 2009 on the effort of member states to reduce their greenhouse gas emissions to meet the community’s greenhouse gas emission reduction commitments up to 2020 . 19a commission implementing decision 2013 / 634 / eu of 31 october 2013 on the adjustments to member states’ annual emission allocations for the period from 2013 to 2020 pursuant to decision no 406 / 2009 / ec of the european parliament and of the council .


### subject to the flexibilities provided for in articles 5 , 6 and 7 , to the adjustment pursuant to article 10 and taking into account any deduction resulting from the application of article 7 of decision no 406 / 2009 / ec , each member state shall ensure that its greenhouse gas emissions in each year between 2021 and 2029 do not exceed the level defined by a linear trajectory , starting in 2020 on the average of its greenhouse gas emissions during 2016 , 2017 and 2018 determined pursuant to paragraph 3 and ending in 2030 on the limit set for that member state in annex i to this regulation . ### subject to the flexibilities provided for in articles 5 , 6 and 7 , to the adjustment pursuant to article 10 and taking into account any deduction resulting from the application of article 7 of decision no 406 / 2009 / ec , each member state with a negative limit under annex ii to decision no 406 / 2009 / ec shall ensure that its greenhouse gas emissions in each year between 2021 and 2029 do not exceed the level defined by a linear trajectory , starting in 2021 on the average of its greenhouse gas emissions during 2016 , 2017 and 2018 determined pursuant to paragraph 3 and ending in 2030 on the limit set for that member state in annex i to this regulation . subject to the flexibilities provided for in articles 5 , 6 and 7 , to the adjustment pursuant to article 10 and taking into account any deduction resulting from the application of article 7 of decision no 406 / 2009 / ec , each member state with a positive limit under annex ii to decision no 406 / 2009 / ec shall ensure that its greenhouse gas emissions in each year between 2021 and 2029 do not exceed the level defined by a linear trajectory , starting in 2021 on limit set for that member state in annex ii to decision no 406 / 2009 / ec and ending in 2030 on the limit set for that member state in annex i to this regulation .


### the integration of the programme for the union ' s action in the field of health with the esf + will also create synergies between the developments and testing of initiatives and policies to improve the effectiveness , resilience and sustainability of health systems developed by the health strand of the esf + programme and their implementation in the member states by the tools provided by the other strands of the esf + regulation . ### the integration of the programme for the union ' s action in the field of health with the esf + will also create synergies between the developments and testing of initiatives and policies to improve the effectiveness , accessibility , resilience and sustainability of health systems developed by the health strand of the esf + programme and their implementation in the member states by the tools provided by the other strands of the esf + regulation .


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


### keeping people healthy and active longer and empowering them to take an active role in managing their health will have positive effects on health , health inequalities , quality of life , productivity , competitiveness and inclusiveness , while reducing pressures on national budgets . the commission has been committed to help member states to reach their sustainable development goals , in particular sdg 3 ' ensure healthy lives and promote well - being for all at all ages ' . 17 _________________ 17 com 739 final ### continued effort is required in order to meet the requirements set out in article 168 tfeu . keeping people healthy and active longer and empowering them to take an active role in managing their health will have positive effects on health , health inequalities , quality of life , productivity , competitiveness and inclusiveness , while reducing pressures on national budgets . support for , and recognition of , innovation , including social innovation , which has an impact on health , helps in order to take up the challenge of sustainability in the health sector in the context of addressing the challenges of demographic change . moreover , action to reduce inequalities in health is important for the purposes of achieving ' inclusive growth ' . the commission has been committed to help member states to reach their sustainable development goals , in particular sdg 3 ' ensure healthy lives and promote well - being for all at all ages . 17 _________________ 17 com 739 final


### keeping people healthy and active longer and empowering them to take an active role in managing their health will have positive effects on health , health inequalities , quality of life , productivity , competitiveness and inclusiveness , while reducing pressures on national budgets . the commission has been committed to help member states to reach their sustainable development goals , in particular sdg 3 ' ensure healthy lives and promote well - being for all at all ages ' . 17 __________________ 17 com 739 final ### continued effort is required in order to meet the requirements set out in article 168 tfeu . keeping people healthy and active longer and empowering them to take an active role in managing their health will have positive effects on health , health inequalities , quality of life , productivity , competitiveness and inclusiveness , while reducing pressures on national budgets . support for , and recognition of , innovation , which has an impact on health , helps in order to take up the challenge of sustainability in the health sector in the context of addressing the challenges of demographic change ; moreover , action to reduce inequalities in health is important for the purposes of achieving ' inclusive growth ' . the commission has been committed to help member states to reach their sustainable development goals , in particular sdg 3 ' ensure healthy lives and promote well - being for all at all ages ' 17 . __________________ 17 com 739 final


### the health strand of the esf + should contribute to disease prevention throughout the lifetime of the union ' s citizens and to health promotion by addressing health risk factors such as tobacco use and passive smoking , harmful use of alcohol , consumption of illicit drugs and reduction of drugs - related health damage , unhealthy dietary habits and physical inactivity and foster supportive environments for healthy lifestyles in order to complement member states action in line with the relevant strategies . the health strand of the esf + should mainstream effective prevention models , innovative technologies and new business models and solutions to contribute to innovative , efficient and sustainable health systems of the member states and facilitate access to better and safer healthcare for european citizens . ### the health strand of the esf + should contribute to disease prevention , early diagnosis throughout the lifetime of the union ' s citizens and to health promotion by addressing health risk factors such as tobacco use , smoking and passive smoking , harmful use of alcohol , consumption of illicit drugs and reduction of drugs - related health damage , obesity and unhealthy dietary habits and physical inactivity and foster supportive environments for healthy lifestyles , well - designed public health interventions for reducing the burden and impact of infections and preventable infectious diseases in the overall health throughout life in order to complement member states action in line with the relevant strategies . the health strand of the esf + should mainstream effective prevention models , innovative technologies and new business models and solutions to contribute to innovative , efficient and sustainable health systems of the member states and facilitate access to better and safer healthcare for european citizens in both , urban and rural areas . with a view to fully tapping into the potential of cross - sectorial cooperation and to improving synergies and coherence with other policy fields to achieve the general objectives of the esf + , sport and physical activity should be used as a tool in esf + actions aimed , in particular , at health promotion , and disease prevention .


### given the specific nature of some of the objectives covered by the health strand of the esf + and by the type of the actions under that strand , the respective competent authorities of the member states are best placed to implement the related activities . those authorities , designated by the member states themselves , should therefore be considered to be identified beneficiaries for the purpose of article [ 195 ] of [ the new financial regulation ] and the grants be awarded to such authorities without prior publication of calls for proposals . ### given the specific nature of some of the objectives covered by the health strand of the esf + and by the type of the actions under that strand , the respective competent authorities of the member states are best placed to implement the related activities with the active support of civil society . those authorities , designated by the member states themselves , and additionally , civil society organisations , as appropriate , should therefore be considered to be identified beneficiaries for the purpose of article [ 195 ] of [ the new financial regulation ] and the grants be awarded to such authorities without prior publication of calls for proposals .


### under the health strand , the esf + shall support health promotion and disease prevention , contribute to effectiveness , accessibility and resilience of health systems , make healthcare safer , reduce health inequalities , protect citizens from cross - border health threats , and support eu health legislation . ### under the health strand , the esf + shall support health promotion and disease prevention , including through the promotion of physical activity , contribute to effectiveness , accessibility and resilience of health systems , make healthcare safer , reduce health inequalities , increase life expectancy at birth , protect citizens from cross - border health threats , support eu health legislation and fostering health in all policies .


### programmes benefitting from the general support of the esf + strand under shared management shall use common output and result indicators , as set out in annex 1 to this regulation to monitor progress in implementation . the programmes may also use programme - specific indicators . ### programmes benefitting from the general support of the esf + strand under shared management shall use common output and result indicators , as set out in annex 1 to this regulation to monitor progress in implementation . the programmes may also use programme - specific indicators and action - specific indicators .


### support member states with knowledge transfer useful for the national reform processes for more effective , accessible and resilient health systems and better health promotion and disease prevention addressing , in particular , the challenges identified in the european semester ### support member states with knowledge transfer and implementation support , which are useful for the national reform processes for more effective , accessible , resilient and equitable health systems tackling social inequalities , and better health promotion and disease prevention addressing , in particular , the challenges identified in the european semester


### support to the commission ' scientific committees on ' consumer safety ' and on ' health , environmental and emerging risks ' ### support the development of health in all policies and establish processes by which health implications can be considered and taken into account in all policies .


### only actions pursuing the objectives referred to in articles 3 and 26 are eligible for funding . ### only actions related to health pursuing the objectives referred to in articles 3 , article 4 , and 26 are eligible for funding .


### through transfer , adaptation and roll - out of best practices with established union level added value between member states ; ### through exchange , transfer , adaptation and roll - out of best practices with established union level added value between member states ;


### of eu - level networks related to the fields referred to in article 26 ; ### of eu - level networks related to the fields referred to in article 26 , in a continuous and sustainable way , ensuring the presence of an active civil society at european level ;


### of national contact points providing guidance , information and assistance related the implementation of the programme ; ### of regional , subnational and national contact points providing guidance , information and assistance related the implementation of the programme ;


### indicators to monitor implementation and progress of the strands towards the achievement of the specific objectives set out in article 4 and the operational objectives set out in articles 23 and 26 shall be set . ### indicators , including programmatic and action specific indicators&#160 ; to monitor implementation and progress of the strands towards the achievement of the specific objectives set out in article 4 and the operational objectives set out in articles 23 and 26 shall be set .


### number of health technology joint clinical assessments ### number of beneficiaries affected by the results of the programme


### number of best practices transferred ### number of health technology joint clinical assessments


### degree of use of the results of the programme in national health policy as measured by a ' before and after ' questionnaire ### number of best practices transferred


### persons who are blind , visually impaired or otherwise print disabled continue to face many barriers in accessing books and other print material which are protected by copyright and related rights . measures need to be taken to increase the availability of those works in accessible formats and to improve their circulation in the internal market . ### persons who are blind , visually impaired or otherwise print disabled continue to face many barriers in accessing books and other print material which are protected by copyright and related rights . in view of the fact that only 7%1a to 20%2a of books are accessible to print - disabled persons , measures need to be taken to increase the availability of those works in accessible formats and to improve their circulation in the internal market . _________________ 1a lisu for the royal national institute of blind people , ʻavailability of accessible publications - 2011 updateʼ , october 2011 . 2a catherine meyer - lereculeur ʻexception ʻhandicapʼ au droit d’auteur et développement de l’offre de publications accessibles à l’ère numériqueʼ , may 2013 .


### the marrakesh treaty to facilitate access to published works for persons who are blind , visually impaired , or otherwise print disabled was signed on behalf of the union on 30 april 201423 . its aim is to improve the availability of works and other protected subject - matter in accessible formats for persons who are blind , visually impaired or otherwise print disabled . the marrakesh treaty requires contracting parties to provide exceptions or limitations to the rights of holders of copyright and related rights for the making and dissemination of copies in accessible formats of certain works and other subject - matter , and for the cross - border exchange of those copies . the conclusion of the marrakesh treaty by the union requires the adaptation of union law by establishing a mandatory exception for uses , works and beneficiary persons covered by the treaty . this directive implements the obligations that the union has to meet under the marrakesh treaty in a harmonised manner , with a view to ensuring that those measures are applied consistently throughout the internal market . _________________ 23 council decision 2014 / 221 / eu of 14 april 2014 on the signing , on behalf of the european union , of the marrakesh treaty to facilitate access to published works for persons who are blind , visually impaired , or otherwise print disabled . . ### the marrakesh treaty to facilitate access to published works for persons who are blind , visually impaired , or otherwise print disabled was signed on behalf of the union on 30 april 201423 . its aim is to improve the availability and cross - border exchange of works and other protected subject - matter in accessible formats for persons who are blind , visually impaired or otherwise print disabled . the marrakesh treaty requires contracting parties to provide exceptions or limitations to the rights of holders of copyright and related rights for the making and dissemination of copies in accessible formats of certain works and other subject - matter , and for the cross - border exchange of those copies . the conclusion of the marrakesh treaty by the union requires the adaptation of union law by establishing a mandatory and harmonised exception for uses , works and beneficiary persons covered by the treaty . this directive implements the obligations that the union has to meet under the marrakesh treaty in a harmonised manner , with a view to ensuring that those measures are applied consistently throughout the internal market . _________________ 23 council decision 2014 / 221 / eu of 14 april 2014 on the signing , on behalf of the european union , of the marrakesh treaty to facilitate access to published works for persons who are blind , visually impaired , or otherwise print disabled .


### in view of the specific nature of the exception , its targeted scope and the need for legal certainty for its beneficiaries , member states should not be allowed to impose additional requirements for the application of the exception , such as compensation schemes or the prior verification of the commercial availability of accessible format copies . ### in view of the specific nature of the exception , its targeted scope and the need for legal certainty for its beneficiaries and , in this sense , to harness the whole potential of the internal market , member states should not be allowed to impose additional requirements for the application of the exception , such as compensation schemes or the prior verification of the commercial availability of accessible format copies .


### in view of the specific nature of the exception , its targeted scope and the need for legal certainty for its beneficiaries , member states should not be allowed to impose additional requirements for the application of the exception , such as compensation schemes or the prior verification of the commercial availability of accessible format copies . ### in view of the specific nature of the exception , its targeted scope and the need for legal certainty for its beneficiaries , member states should not be allowed to impose additional requirements for the application of the exception , such as compensation schemes or the prior verification of the commercial availability of accessible format copies . such additional requirements would bear the risk of going against the purpose of the exceptions provided by the present directive , and against the purpose of facilitating the cross - border exchange of special format copies within the single market .


### any processing of personal data under this directive should respect fundamental rights , including the right to respect for private and family life and the right to protection of personal data under articles 7 and 8 of the charter of fundamental rights of the european union and must be in compliance with directive 95 / 46 / ec of the european parliament and of the council , which governs the processing of personal data , as may be carried out by authorised entities within the framework of this directive and under the supervision of the member statesʼ competent authorities , in particular the public independent authorities designated by the member states . ### any processing of personal data under this directive should respect fundamental rights , including the right to respect for private and family life and the right to protection of personal data under articles 7 and 8 of the charter of fundamental rights of the european union and must be in compliance with directive 95 / 46 / ec of the european parliament and of the council and with regulation 2016 / 679 of the european parliament and of the council1a , which govern the processing of personal data , as may be carried out by authorised entities within the framework of this directive and under the supervision of the member statesʼ competent authorities , in particular the public independent authorities designated by the member states . _________________ 1a regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec .


### any processing of personal data under this directive should respect fundamental rights , including the right to respect for private and family life and the right to protection of personal data under articles 7 and 8 of the charter of fundamental rights of the european union and must be in compliance with directive 95 / 46 / ec of the european parliament and of the council , which governs the processing of personal data , as may be carried out by authorised entities within the framework of this directive and under the supervision of the member statesʼ competent authorities , in particular the public independent authorities designated by the member states . ### any processing of personal data under this directive should respect fundamental rights , including the right to respect for private and family life and the right to protection of personal data under articles 7 and 8 of the charter of fundamental rights of the european union and must be in compliance with directive 95 / 46 / ec of the european parliament and of the council and with regulation 2016 / 679 of the european parliament and of the council , which govern the processing of personal data , as may be carried out by authorised entities within the framework of this directive and under the supervision of the member statesʼ competent authorities , in particular the public independent authorities designated by the member states .


### any processing of personal data under this directive should respect fundamental rights , including the right to respect for private and family life and the right to protection of personal data under articles 7 and 8 of the charter of fundamental rights of the european union and must be in compliance with directive 95 / 46 / ec of the european parliament and of the council , which governs the processing of personal data , as may be carried out by authorised entities within the framework of this directive and under the supervision of the member statesʼ competent authorities , in particular the public independent authorities designated by the member states . ### any processing of personal data under this directive should respect fundamental rights , including the right to respect for private and family life and the right to protection of personal data under articles 7 and 8 of the charter of fundamental rights of the european union and must be in compliance with directive 95 / 46 / ec of the european parliament and of the council and with regulation 2016 / 679 of the european parliament and of the council1a , which govern the processing of personal data , as may be carried out by authorised entities within the framework of this directive and under the supervision of the member statesʼ competent authorities , in particular the public independent authorities designated by the member states . __________________ 1a regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec .


### with the adoption of this directive , the union aims to ensure that beneficiary persons have access to books and other print material in accessible formats . accordingly , this directive is an essential first step in improving access to works for people with disabilities . ### with the adoption of this directive , the union aims to ensure that beneficiary persons have access to books and other print material in accessible formats across the internal market . accordingly , this directive is an essential first step in improving access to works for people with disabilities .


### ‘ accessible format copy’ means a copy of a work or other subject - matter in an alternative manner or form that gives a beneficiary person access to the work or other subject - matter , including allowing for the person to have access as feasibly and comfortably as a person without a visual impairment or any of the disabilities referred to in paragraph 2 ; ### ' accessible format copy ' means a copy of a work or other subject - matter in an alternative manner or form that gives a beneficiary person access to the work or other subject - matter , including allowing for the person to have access as feasibly and comfortably as a person without a visual impairment or any of the disabilities referred to in paragraph 2 ; the copy must be based on lawfully accessed works .


### air carriers already collect and process pnr data from their passengers for their own commercial purposes . this directive should not impose any obligation on air carriers to collect or retain any additional data from passengers or to impose any obligation on passengers to provide any data in addition to that already being provided to air carriers . ### air carriers already collect and process pnr data from their passengers for their own commercial purposes . this directive should not impose any obligation on air carriers and non - carrier economic operators to collect or retain any additional data from passengers or to impose any obligation on passengers to provide any data in addition to that already being provided to air carriers and non - carrier economic operators .


### the contents of any lists of required pnr data to be obtained by the passenger information unit should be drawn up with the objective of reflecting the legitimate requirements of public authorities to prevent , detect , investigate and prosecute terrorist offences or serious crime , thereby improving internal security within the union as well as protecting the fundamental rights of citizens , notably privacy and the protection of personal data . such lists should not contain any personal data that could reveal racial or ethnic origin , political opinions , religious or philosophical beliefs , trade union membership or data concerning health or sexual life of the individual concerned . the pnr data should contain details on the passenger’s reservation and travel itinerary which enable competent authorities to identify air passengers representing a threat to internal security . ### the contents of any lists of required pnr data to be obtained by the passenger information unit should be drawn up with the objective of reflecting the legitimate requirements of public authorities to prevent , detect , investigate and prosecute terrorist offences or serious crime , thereby improving internal security within the union as well as protecting the fundamental rights of citizens , notably privacy and the protection of personal data . such lists should not contain any personal data that could reveal racial or ethnic origin , political opinions , religious or philosophical beliefs , trade union membership or data concerning health or sexual life of the individual concerned . the pnr data should contain details on the passenger’s reservation and travel itinerary which enable competent authorities to identify air passengers representing a threat to internal security and to international security .


### there are two possible methods of data transfer currently available : the ‘ pull’ method , under which the competent authorities of the member state requiring the data can reach into the air carrier’s reservation system and extract a copy of the required data , and the ‘ push’ method , under which air carriers transfer the required pnr data to the authority requesting them , thus allowing air carriers to retain control of what data is provided . the ‘ push’ method is considered to offer a higher degree of data protection and should be mandatory for all air carriers . ### there are two possible methods of data transfer currently available : the ‘ pull’ method , under which the competent authorities of the member state requiring the data can reach into the air carrier’s reservation system and extract a copy of the required data , and the ‘ push’ method , under which air carriers and non - carrier economic operators transfer the required pnr data to the authority requesting them , thus allowing air carriers to retain control of what data is provided . the ‘ push’ method is considered to offer a higher degree of data protection and should be mandatory for all air carriers and non - carrier economic operators .


### the member states should take all necessary measures to enable air carriers to fulfil their obligations under this directive . dissuasive , effective and proportionate penalties , including financial ones , should be provided for by member states against those air carriers failing to meet their obligations regarding the transfer of pnr data . where there are repeated serious infringements which might undermine the basic objectives of this directive , these penalties may include , in exceptional cases , measures such as the immobilisation , seizure and confiscation of the means of transport , or the temporary suspension or withdrawal of the operating licence . ### the member states should take all necessary measures to enable air carriers and non - carrier economic operators to fulfil their obligations under this directive . dissuasive , effective and proportionate penalties , including financial ones , should be provided for by member states against those air carriers and non - carrier economic operators failing to meet their obligations regarding the transfer of pnr data . where there are repeated serious infringements which might undermine the basic objectives of this directive , these penalties may include , in exceptional cases , measures such as the immobilisation , seizure and confiscation of the means of transport , or the temporary suspension or withdrawal of the operating licence .


### each member state should be responsible for assessing the potential threats related to terrorist offences and serious crime . ### each member state has the duty to focus on assessing the potential threats related to terrorist offences and serious crime .


### member states should share with other member states the pnr data that they receive where such transfer is necessary for the prevention , detection , investigation or prosecution of terrorist offences or serious crime . the provisions of this directive should be without prejudice to other union instruments on the exchange of information between police and judicial authorities , including council decision 2009 / 371 / jha of 6 april 2009 establishing the european police office 39 and council framework decision 2006 / 960 / jha of 18 september 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the member states of the european union40 . such exchange of pnr data between law enforcement and judicial authorities should be governed by the rules on police and judicial cooperation . __________________ 39 oj l 121 , 15 . 5 . 2009 , p . 37 . 40 oj l 386 , 29 . 12 . 2006 , p . 89 . ### member states should share with other member states the pnr data that they receive where it is proven that such transfer is necessary for the prevention , detection , investigation or prosecution of terrorist offences or serious crime . the provisions of this directive should be without prejudice to other union instruments on the exchange of information between police and judicial authorities , including council decision 2009 / 371 / jha of 6 april 2009 establishing the european police office 39 and council framework decision 2006 / 960 / jha of 18 december 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the member states of the european union40 . such exchange of pnr data between law enforcement and judicial authorities should be governed by the rules on police and judicial cooperation . __________________ 39 oj l 121 , 15 . 05 . 09 . p . 37 . 40 oj l 386 , 29 . 12 . 06 . p . 89 .


### as a result of the legal and technical differences between national provisions concerning the processing of personal data , including pnr , air carriers are and will be faced with different requirements regarding the types of information to be transmitted , as well as the conditions under which this information needs to be provided to competent national authorities . these differences may be prejudicial to effective cooperation between the competent national authorities for the purposes of preventing , detecting , investigating and prosecuting terrorist offences or serious crime . ### as a result of the legal and technical differences between national provisions concerning the processing of personal data , including pnr , air carriers and non - carrier economic operators are and will be faced with different requirements regarding the types of information to be transmitted , as well as the conditions under which this information needs to be provided to competent national authorities . these differences may be prejudicial to effective cooperation between the competent national authorities for the purposes of preventing , detecting , investigating and prosecuting terrorist offences or serious crime .


### ‘ passenger name record’ or ' pnr data ' means a record of each passenger’s travel requirements which contains information necessary to enable reservations to be processed and controlled by the booking and participating air carriers for each journey booked by or on behalf of any person , whether it is contained in reservation systems , departure control systems or equivalent systems providing the same functionalities ; ### ‘ passenger name record’ or ' pnr data ' means a record of each passenger’s travel requirements which contains information necessary to enable reservations to be processed and controlled by the booking and participating air carriers , as well as non - carrier economic operators when the air carriers have not done the booking themselves , for each journey booked by or on behalf of any person , whether it is contained in reservation systems , departure control systems or equivalent systems providing the same functionalities ;


### ‘ reservation systems’ means the air carrier’s internal inventory system , in which pnr data are collected for the handling of reservations ; ### ‘ reservation systems’ means the air carrier’s or the non - carrier economic operator’s internal inventory system , in which pnr data are collected for the handling of reservations ;


### the pnr data transferred by the air carriers , pursuant to article 6 , in relation to international flights which land on or depart from the territory of each member state shall be collected by the passenger information unit of the relevant member state . should the pnr data transferred by air carriers include data beyond those listed in the annex , the passenger information unit shall delete such data immediately upon receipt . ### the pnr data transferred by the air carriers and non - carrier economic operators , pursuant to article 6 , in relation to international flights which land on or depart from the territory of each member state shall be collected by the passenger information unit of the relevant member state . should the pnr data transferred by air carriers and non - carrier economic operators include data beyond those listed in the annex , the passenger information unit shall delete such data immediately upon receipt .


### obligations on air carriers ### obligations on air carriers and non - carrier economic operators


### air carriers shall transfer pnr data by electronic means using the common protocols and supported data formats to be adopted in accordance with the procedure of articles 13 and 14 or , in the event of technical failure , by any other appropriate means ensuring an appropriate level of data security : ### air carriers and non - carrier economic operators shall transfer pnr data by electronic means using the common protocols and supported data formats to be adopted in accordance with the procedure of articles 13 and 14 or , in the event of technical failure , by any other appropriate means ensuring an appropriate level of data security :


### member states may permit air carriers to limit the transfer referred to in point of paragraph 2 to updates of the transfer referred to in point of paragraph 2 . ### member states may permit air carriers and non - carrier economic operators to limit the transfer referred to in point of paragraph 2 to updates of the transfer referred to in point of paragraph 2 .


### on a case - by - case basis , upon request from a passenger information unit in accordance with national law , air carriers shall transfer pnr data where access earlier than that mentioned in point of paragraph 2 is necessary to assist in responding to a specific and actual threat related to terrorist offences or serious crime . ### on a case - by - case basis , upon request from a passenger information unit in accordance with national law , air carriers and non - carrier economic operators shall transfer pnr data where access earlier than that mentioned in point of paragraph 2 is necessary to assist in responding to a specific and actual threat related to terrorist offences or serious crime .


### a member state may transfer pnr data and the results of the processing of pnr data to a third country , only on a case - by - case basis and if : ### in view of the importance of coherence between the internal and the external aspects of security , and in order to improve international cooperation , a member state may transfer pnr data and the results of the processing of pnr data to a third country , only on a case - by - case basis and if :


### member states shall ensure that the pnr data provided by the air carriers to the passenger information unit are retained in a database at the passenger information unit for a period of 30 days after their transfer to the passenger information unit of the first member state on whose territory the international flight is landing or departing . ### member states shall ensure that the pnr data provided by the air carriers and non - carrier economic operators to the passenger information unit are retained in a database at the passenger information unit for a period of 30 days after their transfer to the passenger information unit of the first member state on whose territory the international flight is landing or departing .


### penalties against air carriers ### penalties against air carriers and non - carrier economic operators


### member states shall ensure , in conformity with their national law , that dissuasive , effective and proportionate penalties , including financial penalties , are provided for against air carriers which , do not transmit the data required under this directive , to the extent that they are already collected by the them , or do not do so in the required format or otherwise infringe the national provisions adopted pursuant to this directive . ### member states shall ensure , in conformity with their national law , that dissuasive , effective and proportionate penalties , including financial penalties , are provided for against air carriers and non - carrier economic operators which , do not transmit the data required under this directive , to the extent that they are already collected by the them , or do not do so in the required format or otherwise infringe the national provisions adopted pursuant to this directive .


### all transfers of pnr data by air carriers to the passenger information units for the purposes of this directive shall be made by electronic means or , in the event of technical failure , by any other appropriate means , for a period of one year following the adoption of the common protocols and supported data formats in accordance with article 14 . ### all transfers of pnr data by air carriers and non - carrier economic operators to the passenger information units for the purposes of this directive shall be made by electronic means or , in the event of technical failure , by any other appropriate means , for a period of one year following the adoption of the common protocols and supported data formats in accordance with article 14 .