### the following self - service terminals : automatic teller machines , ticketing machines and check - in machines shall comply with the requirements set out in section ii of annex i . ### the following self - service terminals : automatic teller machines , ticketing machines and check - in machines , and payment terminals shall comply with the requirements set out in section ii of annex i .


### this directive respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union . in particular , this directive seeks to ensure full respect for the rights of persons with disabilities to benefit from measures designed to ensure their independence , social and occupational integration and participation in the life of the community and to promote the application of article 26 of the charter of fundamental rights of the european union . ### this directive respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union . in particular , this directive seeks to ensure full respect for the rights of persons with disabilities and persons with age related or any other impairments to benefit from measures designed to ensure their independence , social and occupational integration and participation in the life of the community and to promote the application of article 25 and 26 of the charter of fundamental rights of the european union .


### member states shall ensure that information held by market surveillance authorities concerning the compliance of economic operators with the applicable accessibility requirements set out in article 3 and the assessment of the exceptions provided for in article 12 , is made available to consumers upon request and in an accessible format , except where that information cannot be provided for reasons of confidentiality as provided for in article 19 of regulation no 765 / 2008 . ### member states shall ensure that information held by market surveillance authorities concerning the compliance of economic operators with the applicable accessibility requirements set out in article 3 and the assessment of the exceptions provided for in article 12 , is made available to consumers in an accessible format , except where that information cannot be provided for reasons of confidentiality as provided for in article 19 of regulation no 765 / 2008 .


### the purpose of this directive is to contribute to the proper functioning of the internal market by approximating laws , regulations and administrative provisions of the member states , by eliminating barriers to the free movement of certain accessible products and services this will increase the availability of accessible products and services on the internal market . ### the purpose of this directive is to contribute to the proper functioning of the internal market by approximating laws , regulations and administrative provisions of the member states , by eliminating barriers to the free movement of accessible products and services this will increase the availability of accessible products and services on the internal market .


### the approximation of national measures at union level is therefore necessary for the proper functioning of the internal market in order to put an end to fragmentation in the market of accessible products and services , to create economies of scale , to facilitate cross - border trade and mobility , as well as to help economic operators to concentrate resources on innovation instead of using those resources for complying with fragmented legal requirements across the union . ### the approximation of national measures at union level is therefore necessary for the proper functioning of the internal market in order to put an end to fragmentation in the market of accessible products and services , to create economies of scale , to facilitate cross - border trade and mobility , freedom of movement of products and services , as well as persons , including persons with disabilities , as well as to help economic operators to concentrate resources on innovation instead of using those resources for complying with fragmented legal requirements across the union .


### article 4 availability of preventive restructuring frameworks member states shall ensure that , where there is likelihood of insolvency , debtors in financial difficulty have access to an effective preventive restructuring framework that enables them to restructure their debts or business , restore their viability and avoid insolvency . 2 . preventive restructuring frameworks may consist of one or more procedures or measures . 3 . member states shall put in place provisions limiting the involvement of a judicial or administrative authority to where it is necessary and proportionate so that rights of any affected parties are safeguarded . 4 . preventive restructuring frameworks shall be available on the application by debtors , or by creditors with the agreement of debtors . ### article 4 availability of preventive restructuring frameworks member states shall ensure that , where there is likelihood of insolvency , debtors in financial difficulty have access to an effective preventive restructuring framework that enables them to restructure their debts or business , restore their viability or arrange for sustainable management by another undertaking and avoid insolvency or find a solution that is more satisfactory than liquidation of assets to help pay off creditors claims , protect jobs and sustain business activity . 2 . preventive restructuring frameworks may consist of one or more procedures or measures , duly negotiated and consulted with workers’ representatives , if any , who shall retain all rights of collective bargaining and industrial action . such frameworks shall also provide for procedures or measures aimed at the rescue of the indebted firm by workers , in accordance with relevant national law . 3 . member states shall put in place provisions limiting the involvement of a judicial or administrative authority to where it is necessary and proportionate , while ensuring that rights of any affected parties are safeguarded . 4 . preventive restructuring frameworks shall be available on the application by debtors , by workers or by other creditors with the agreement of debtors .


### a general stay covering all creditors shall prevent the opening of insolvency procedures at the request of one or more creditors . ### a general stay covering all creditors shall prevent the opening of insolvency procedures at the request of one or more creditors , with the exception of workers , in accordance with paragraph 3 of article 6 .


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


### member states shall encourage , by any means which they consider appropriate , the development of , and adherence to , voluntary codes of conduct by practitioners in the field of restructuring , insolvency and second chance , as well as other effective oversight mechanisms concerning the provisions of such services . ### member states shall ensure that practitioners in the field of restructuring , insolvency and second chance , as well as other effective oversight mechanisms concerning the provisions of such services comply with statutory codes of conduct , which shall at least include provisions on training , qualification , licensing , registration , personal liability , insurance and good repute .


### member states shall put in place provisions limiting the involvement of a judicial or administrative authority to where it is necessary and proportionate so that rights of any affected parties are safeguarded . ### member states may put in place provisions limiting the involvement of a judicial or administrative authority to where it is necessary and proportionate while ensuring that rights of any affected parties are safeguarded .


### notifications to creditors ; ### notifications to creditors , including workers ' representatives ;


### an opinion or reasoned statement by the person responsible for proposing the restructuring plan which explains why the business is viable , how implementing the proposed plan is likely to result in the debtor avoiding insolvency and restore its long - term viability , and states any anticipated necessary pre - conditions for its success . ### an opinion or reasoned statement by the person responsible for proposing the restructuring plan which explains why the business is viable , how implementing the proposed plan is likely to result in the debtor avoiding insolvency and restore its long - term viability , and states any anticipated necessary pre - conditions for its success . such an opinion or reasoned statement shall be the subject of validation by an external expert .


### the agency shall set up teams of experts for each monitoring exercise , including for the on - site visits as necessary . the teams of experts shall be composed of experts from the agency ' s own staff and commission representatives . the team of experts shall be responsible for drawing up a report based on the findings of on - site visits and information provided by member states . ### the agency shall set up teams of experts for each reporting exercise , including for the on - site visits as necessary . the teams of experts shall be composed of experts from the agency ' s own staff and commission representatives . the team of experts shall be responsible for drawing up a report based on the findings of on - site visits and information provided by member states as well as other relevant stakeholders , such as the unhcr and non - governmental organisations .


### member states shall ensure that the experts that they contribute match the profiles and numbers decided upon by the management board . the duration of deployment shall be determined by the home member state but it shall not be less than 30 days . ### member states shall ensure that the experts that they contribute match the profiles and numbers requested by the member state in need . the duration of deployment shall be determined by the home member state but it shall not be less than 60 days .


### the executive director , after consultation with the commission , shall submit draft recommendations to the member state concerned outlining the necessary measures to address shortcomings identified in the monitoring report . the member state concerned shall be given one month to comment on the draft recommendations . after giving consideration to those comments , the management board shall adopt the recommendations and it shall invite the member state concerned to draw up an action plan outlining the measures to remedy any shortcomings . ### the commission shall submit draft recommendations to the member state concerned outlining the necessary measures to address shortcomings identified in the report . the member state concerned shall be given one month to comment on the draft recommendations . after giving consideration to those comments , the commission shall adopt the recommendations and it shall invite the member state concerned to draw up an action plan outlining the measures to remedy any shortcomings .


### member states shall contribute to the asylum intervention pool through a national expert pool on the basis of the various defined profiles and by nominating experts corresponding to the required profiles . the duration of deployment shall be determined by the home member state but it shall not be less than 30 days . ### member states shall contribute to the asylum intervention pool through a national expert pool on the basis of the various defined profiles and by nominating experts corresponding to the required profiles . the duration of deployment shall be determined by the home member state but it shall not be less than 60 days .


### the management board shall , on a proposal of the executive director , decide by a three - fourths majority of members with a right to vote on the profiles of experts and on the share that each member state shall contribute to constitute the asylum intervention pool . the same procedure shall apply to any subsequent changes in the profiles and the overall number of experts . ### the management board shall , on a proposal of the executive director , decide on the profiles of experts and on the share that each member state shall contribute to constitute the asylum intervention pool . the same procedure shall apply to any subsequent changes in the profiles and the overall number of experts . the executive director shall ensure that the composition of the asylum support teams or the experts to be deployed from the asylum intervention pool is in accordance with the request , depending on the needs on the ground , of the host member state .


### manage and further develop a portal for gathering information on countries of origin ; ### manage and further develop a publicly accessible portal for gathering and disseminating information on countries of origin ;


### the executive director shall , after consulting the commission , submit that common analysis to the management board for endorsement . member states shall be required to take that common analysis into account when examining applications for international protection , without prejudice to their competence for deciding on individual applications . ### the executive director shall , after consulting the consultative forum , submit that common analysis to the management board for endorsement . member states shall be required to take that common analysis into account when examining applications for international protection , without prejudice to their competence for deciding on individual applications .


### the annual work programme shall list the member states to be monitored the following year in accordance with the multi - annual programming and the thematic assessments . it shall include an indication of what the monitoring shall consist of and a schedule for any on - site visits . ### the annual work programme shall list the member states to be subject of a report the following year in accordance with the multi - annual programming and the thematic assessments . it shall include an indication of what the report shall consist of and a schedule for any on - site visits . unannounced on - site visits may also be conducted .


### the agency shall organise and coordinate , for a limited period of time , one or more of following operational and technical measures : ### the agency shall organise and coordinate one or more of following operational and technical measures :


### member states shall ensure that the experts that they contribute match the profiles and numbers decided upon by the management board . the duration of deployment shall be determined by the home member state but it shall not be less than 30 days . ### member states shall ensure that the experts that they contribute match the profiles and numbers decided upon by the management board . the duration of deployment shall be determined by the home member state but it shall not be less than 60 days .


### where the asylum and reception systems of a member state are subject to disproportionate pressure that places exceptionally heavy and urgent demands on those systems , the agency shall , at the request of the member state concerned or on its own initiative , organise and coordinate a comprehensive set of operational and technical measures as referred to in article 16 and deploy experts from the asylum intervention pool referred to in article 18 and experts from its own staff to reinforce the asylum and reception systems within a short period of time . ### where the asylum and reception systems of a member state are subject to disproportionate pressure that places exceptionally heavy and urgent demands on those systems , the agency shall , at the request of the member state concerned , organise and coordinate together with the host member state concerned , a comprehensive set of operational and technical measures as referred to in article 16 and deploy experts from the asylum intervention pool referred to in article 18 and experts from its own staff to reinforce the asylum and reception systems within a short period of time .


### the multi - annual programming shall list the member states whose asylum and reception systems shall be monitored each year , ensuring that each member state shall be monitored at least once in every five - year period . ### the multi - annual programming shall list the member states whose asylum and reception systems shall be reported on each year , ensuring that each member state shall be the subject of report at least once in every two - year period .


### the management board shall be composed of one representative from each member state and two representatives of the commission , which shall have the right to vote . ### the management board shall be composed of one representative from each member state , two representatives of the commission , two representatives of the european parliament and the unhcr which shall have the right to vote .


### on a proposal by the executive director , the management board shall decide on the composition and working methods of the consultative forum , including thematic or geographic - focused consultation groups , and the modalities of transmission of information to the consultative forum . ### on a proposal by the executive director , the management board shall decide on the composition of the consultative forum , taking into consideration the knowledge , expertise , diversity of civil society organisation and relevance to the agency ' s activities as well as the modalities of transmission of information to the consultative forum . the consultative forum shall , after consulting the management board and the executive director , define its working methods .


### the executive director shall transmit the draft report of the team of experts to the member state concerned , which shall provide its comments on that draft report . the executive director shall then submit the draft report , taking into account the comments of the member state concerned , to the management board . the management board shall adopt the monitoring report and transmit it to the commission . ### the executive director shall transmit the draft report of the team of experts to the member state concerned , which shall provide its comments on that draft report . the executive director shall then submit the draft report , taking into account the comments of the member state concerned , to the management board . the management board shall transmit it to the commission and the european parliament .


### assist member states in ensuring that all the necessary child rights and child protection safeguards are in place ; ### assist member states in ensuring that all the necessary fundamental rights safeguards , including child rights and child protection safeguards are in place ;


### the consultative forum shall assist the executive director and the management board in matters related to asylum , in accordance with specific needs in areas identified as a priority for the agency ' s work . ### the consultative forum shall advise the executive director and the management board in matters related to asylum , in accordance with specific needs in areas identified as a priority for the agency ' s work .


### the executive director shall , after informing the host member state , suspend or terminate the deployment of the asylum support teams if the conditions to carry out the operational and technical measures are no longer fulfilled or if the operational plan is not respected by the host member state . ### the executive director shall , after informing the host member state , suspend or terminate , in whole or in part , the deployment of the asylum support teams if the conditions to carry out the operational and technical measures are no longer fulfilled or if the operational plan is not respected by the host member state or if he or she considers that there are violations of fundamental rights or international obligations that are of a serious nature and are likely to persist .


### the agency may benefit from union funding in accordance with the provisions of the relevant instruments supporting the external relations policy of the union . it may launch and finance technical assistance projects in third countries regarding matters covered by this regulation . ### the agency may benefit from union funding in accordance with the provisions of the regulation for a union framework on resettlement .


### the commission may , taking into account the seriousness of the shortcomings identified , organise on - site visits to the member state concerned to verify the implementation of the action plan . ### the commission may , taking into account the seriousness of the shortcomings identified , organise announced and unannounced on - site visits to the member state concerned to verify the implementation of the action plan .


### on a proposal by the executive director , the management board shall decide on the composition and working methods of the consultative forum , including thematic or geographic - focused consultation groups , and the modalities of transmission of information to the consultative forum . ### on a proposal by the executive director , the management board shall decide on the composition of the consultative forum , on the basis of knowledge and expertise and relevance to the agency ' s activities as well as on the modalities of transmission of information to the consultative forum . the consultative forum should decide on its working methods , including thematic or geographic - focused working groups as deemed necessary and useful .


### the agency shall take the necessary initiatives to ensure that the experts who participate in the asylum support teams and the asylum intervention pool , have received specialist training relevant to their duties and functions prior to their participation in the operational activities organised by the agency . the agency shall conduct regular exercises with those experts in accordance with the specialist training and exercise schedule referred to in its annual work programme . ### the agency shall provide the experts who participate in the asylum support teams and the asylum intervention pool with the specialist training relevant to their duties and functions prior to their participation in the operational activities organised by the agency . the agency shall conduct regular exercises with those experts in accordance with the specialist training and exercise schedule referred to in its annual work programme .


### member states shall ensure that the experts that they contribute match the profiles and numbers decided upon by the management board . the duration of deployment shall be determined by the home member state but it shall not be less than 30 days . ### member states shall ensure that the experts that they contribute match the profiles and numbers requested by the member state in need . the duration of deployment shall be determined by the home member state but it shall not be less than 60 days .


### the economic and financial crisis has led to a lowering of the level of investments within the union . investment has fallen by approximately 15% since its peak in 2007 . the union suffers in particular from a lack of investment as a consequence of market uncertainty regarding the economic future and the fiscal constraints on member states . this lack of investment slows economic recovery and negatively affects job creation , long - term growth prospects and competitiveness . ### the economic and financial crisis has led to a lowering of the level of investments within the union . investment has fallen by approximately 15% since its peak in 2007 . the union suffers in particular from a lack of investment as a consequence of austerity policies , including lower wages and public spending , which have depressed aggregate demand and increased market uncertainty regarding the economic future ; and the fiscal constraints placed on member states by sgp rules and the unwillingness of the ecb to intervene decisively in public bond markets . this lack of investment slows economic recovery and negatively affects job creation and long - term growth prospects and competitiveness .


### the purpose of the efsi should be to help resolve the difficulties in financing and implementing productive investments in the union and to ensure increased access to financing . it is intended that increased access to financing should be of particular benefit to small and medium enterprises . it is also appropriate to extend the benefit of such increased access to financing to mid - cap companies , which are companies having up to 3000 employees . overcoming europe ' s current investment difficulties should contribute to strengthening the union ' s economic , social and territorial cohesion . ### the purpose of the efsi should be to help resolve the difficulties in financing and implementing productive investments in the union and to ensure increased access to financing . it is intended that increased access to financing should be of particular benefit to msmes and cooperatives . it may be appropriate to extend the benefit of such increased access to financing to mid - cap companies , which are companies having up to 3000 employees , when projects contribute to quality job creation , industrial development and social and environmental sustainability . overcoming europe ' s current investment difficulties should contribute to strengthening the union ' s economic , social and territorial cohesion .


### the investment committee shall be composed of six independent experts and the managing director . independent experts shall have a high level of relevant market experience in project finance and be appointed by the steering board for a renewable fixed term of three years . ### the investment committee shall be composed of six experts and the managing director . experts shall be selected on the basis of relevant knowledge and experience in management in project finance and the fields of employment policy , industrial policy , energy and research and innovation ; they shall be appointed by the steering board for a renewable fixed term of three years .


### throughout the economic and financial crisis , the union has made efforts to promote growth , in particular through initiatives set out in the europe 2020 strategy that put in place an approach for smart , sustainable and inclusive growth . the european investment bank has also strengthened its role in instigating and promoting investment within the union , partly by way of an increase in capital in january 2013 . further action is required to ensure that the investment needs of the union are addressed and that the liquidity available on the market is used efficiently and channelled towards the funding of viable investment projects . ### throughout the economic and financial crisis , the union has been responsible for structural reforms and budgetary cuts which have moved the economy away from the europe 2020 targets . action is required to ensure that the investment needs of the union are addressed and that the liquidity available on the market is used efficiently and channelled towards the funding of viable investment projects , which reinforce social and regional cohesion through the creation of quality jobs and the broadening and improvement of the productive base of member states , especially those most affected by the crisis .


### the purpose of the efsi shall be to support investments in the union and to ensure increased access to financing for companies having up to 3000 employees , with a particular focus on small and medium enterprises , through the supply of risk bearing capacity to the eib . ### the purpose of the efsi shall be to support public and strategic investments in the union and to ensure increased access to financing for msmes and cooperatives , through the supply of risk bearing capacity to the eib .


### the investment committee shall be composed of six independent experts and the managing director . independent experts shall have a high level of relevant market experience in project finance and be appointed by the steering board for a renewable fixed term of three years . ### the investment committee shall be composed of six independent experts , including in the areas of employment and social affairs and the environment , and including representatives of the scientific community , and the managing director . independent experts shall have a high level of experience in project finance , including in the areas of employment and social affairs and the environment , and including representatives of the scientific community , and be appointed by the steering board for a renewable fixed term of three years .


### the efsi agreement shall be open to accession by member states . subject to the consent of existing contributors , the efsi agreement shall also be open to accession by other third parties , including national promotional banks or public agencies owned or controlled by member states , and private sector entities . ### the efsi agreement shall be open to accession by member states . subject to the consent of existing contributors , the efsi agreement shall also be open to accession by other third parties , including national promotional banks or public agencies owned or controlled by member states .


### the efsi should target projects delivering high societal and economic value . in particular , the efsi should target projects that promote job creation , long - term growth and competitiveness . the efsi should support a wide range of financial products , including equity , debt or guarantees , to best accommodate the needs of the individual project . this wide range of products should allow the efsi to adapt to market needs whilst encouraging private investment in the projects . the efsi should not be a substitute for private market finance but should instead catalyse private finance by addressing market failures so as to ensure the most effective and strategic use of public money . the requirement for consistency with state aid principles should contribute to such effective and strategic use . ### the efsi should target projects delivering high societal and economic value . in particular , the efsi should target projects that promote job creation , long - term growth and competitiveness . the efsi should not be a substitute for private market finance .


### where the trader provides electronically supplied services , other than services the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter ; ### receive electronically supplied services from the trader , other than services the main feature of which is the provision of access to and use of copyright - protected works or other protected subject matter ;


### where the trader sells goods , provides services , or seeks to do so , in a member state other than the member state in which the customer has the place of residence or the place of establishment ; ### where the trader or supplier sells goods , provides services , or seeks to do so , in a member state other than the member state in which the customer has the place of residence or the place of establishment ;


### for the purposes of ensuring the good functioning of the internal market , the targeted measures set out in this regulation , which provide for a clear , uniform and effective set of rules on a selected number of issues , are therefore required . ### for the purposes of ensuring the good functioning of the internal market and guaranteeing the free movement of people , goods and services without discrimination based on country of origin or place of residence , the targeted measures set out in this regulation , which provide for a clear , uniform and effective set of rules on a selected number of issues , are therefore required . these measures should maintain a balance between consumer protection and economic and contractual freedom for traders .


### where the trader provides electronically supplied services , other than services the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter ; ### where the trader provides electronically supplied services , other than services the main feature of which is the provision of access to or use of copyright protected works or other protected subject matter , or sells copyright protected works or protected subject matter in an intangible form ;


### this regulation shall not affect acts of union law concerning judicial cooperation in civil matters . compliance with this regulation shall not be construed as implying that a trader directs his or her activities to the member state where the consumer has the habitual residence or domicile within the meaning of point of article 6 of regulation no 593 / 2008 and point of article 17 of regulation 1215 / 2012 . ### this regulation shall be without prejudice to union law concerning judicial cooperation in civil matters . compliance with this regulation shall not be construed as implying that a trader directs his or her activities to the member state where the consumer has the habitual residence or domicile within the meaning of point of article 6 of regulation no 593 / 2008 , and point of article 17 of regulation 1215 / 2012 . in particular , where a trader acting , in accordance with articles 3 , 4 and 5 , does not block or limit customers ' access to his or her online interface , does not redirect customers to a version of his or her online interface that is different from the online interface to which the customer first sought access , regardless of their nationality or place of residence , place of temporary location or place of establishment , does not apply different general conditions of access when selling goods or providing services in situations laid down in this regulation or where the trader accepts payment instruments issued in another member state on a non - discriminatory basis , that trader shall not be considered as directing his or her activities to the member state where the consumer has the habitual residence or domicile .


### where the trader sells goods and those goods are not delivered cross - border to the member state of the customer by the trader or on his or her behalf ; ### buy goods from a trader and those goods are not delivered cross - border to the member state of the customer by the trader or on his or her behalf ;


### by [ date : two years after the entry into force of this regulation ] and every five years thereafter , the commission shall report on the evaluation of this regulation to the european parliament , the council and the european economic and social committee . that report shall , where necessary , be accompanied by a proposal for an amendment of this regulation , in light of legal , technical and economic developments . ### by [ date : five years after the entry into force of this regulation ] and every five years thereafter , the commission shall report on the evaluation of this regulation to the european parliament , the council and the european economic and social committee . that report shall , where necessary , be accompanied by a proposal for an amendment of this regulation , in light of legal , technical and economic developments .


### the payments are in a currency that the payee accepts . ### the payment transaction is in a currency that the trader accepts .


### where the trader provides services , other than those covered by point , and those services are supplied to the customer in the premises of the trader or in a physical location where the trader operates , in a member state other than that of which the customer is a national or in which the customer has the place of residence or the place of establishment . ### receive services from the trader other than electronically supplied services and those services are supplied to the customer in a physical location within a member state where the trader operates .


### both consumers and undertakings should be safeguarded from discrimination for reasons related to their nationality , place of residence or place of establishment when acting as customers for the purposes of this regulation . however , that protection should not extend to customers purchasing a good or a service for resale , because it would affect widely used distribution schemes between undertakings in a business to business context , such as selective and exclusive distribution , which generally allow for manufacturers to select their retailers , subject to compliance with the rules on competition . ### both consumers and undertakings should be safeguarded from discrimination for reasons related to their nationality , place of residence or place of establishment when acting as customers for the purposes of this regulation .


### where the trader provides services , other than those covered by point , and those services are supplied to the customer in the premises of the trader or in a physical location where the trader operates , in a member state other than that of which the customer is a national or in which the customer has the place of residence or the place of establishment . ### receive services , other than those covered by point , from a trader in a member state where that trader operates , and where that customer is a national of , or has a place of residence or establishment in , another member state .


### this regulation aims at preventing discrimination based on customers ' nationality , place of residence or place of establishment , including geo - blocking , in cross - border commercial transactions between traders and customers relating to the sales of goods and the provision of services within the union . it seeks to address direct as well as indirect discrimination , thus also covering unjustified differences of treatment on the basis of other distinguishing criteria which lead to the same result as the application of criteria directly based on customers ' nationality , place of residence or place of establishment . such other criteria can be applied , in particular , on the basis of information indicating the physical location of customers , such as the ip address used when accessing an online interface , the address submitted for the delivery of goods , the choice language made or the member state where the customer ' s payment instrument has been issued . ### this regulation aims at preventing discrimination based on customers ' nationality , place of residence or place of establishment , including geo - blocking , in cross - border commercial transactions between traders and customers relating to the sales of goods and the provision of services within the union . it seeks to prevent direct as well as indirect discrimination . by indirect discrimination it is understood the application of distinguishing criteria other than customer ' s nationality , place of residence or place of establishment which lead either deterministically or statistically to the same result as the direct application of those same criteria . it also covers unjustified differences of treatment on the basis of other distinguishing criteria which lead to the same result as the application of criteria directly based on customers ' nationality , place of residence or place of establishment . such other criteria can be applied , in particular , on the basis of information indicating the physical location of customers , such as the ip address used when accessing an online interface , the address submitted for the delivery of goods , the choice language made or the member state where the customer ' s payment instrument has been issued .


### where the trader sells goods , provides services , or seeks to do so , in the same member state as the one in which the customer has the place of residence or place of establishment , but the customer is a national of another member state ; ### where the trader or supplier sells goods , provides services , or seeks to do so , in the same member state as the one in which the customer has the place of residence or place of establishment , but the customer is a national of another member state ;


### each member state shall receive a fixed amount of eur 5 000 000 from the fund at the start of the programming period only ; ### each member state shall receive a fixed amount of eur 10 000 000 from the fund at the start of the programming period only ;


### the migration crisis highlighted the need to reform the common european asylum system to ensure that efficient asylum procedures to prevent secondary movements , to provide uniform and appropriate reception conditions for applicants for international protection , uniform standards for the granting of international protection and appropriate rights and benefits for beneficiaries of international protection . at the same time , the reform was needed to put in place a fairer and more effective system of determining member states’ responsibility for applicants for international protection as well as a union framework for member states’ resettlement efforts . therefore , it is appropriate for the fund to provide increased support to member states’ efforts to fully and properly implement the reformed common european asylum system . ### the humanitarian crisis faced by persons in need of international protection who arrived to the european union in 2015 as well as the rising number of deaths in the mediterranean over the past years highlighted the need to develop safe and legal pathways to the european union , including a union resettlement framework , and to put in place a new system of determining member states’ responsibility for applicants for international protection based on solidarity . at the same time , it is appropriate for the fund to provide increased support to member states’ efforts to fully and properly implement the common european asylum system provided that such efforts are not in violation of fundamental rights .


### support to member states contributing to solidarity and responsibility efforts ; and ### support to member states at central , regional or local level and to international and non - governmental organisations , including migrants organisations , which contribute to solidarity efforts ;


### the establishment and development of national strategies in asylum , legal migration , integration , return and irregular migration ; ### the establishment and development of national , regional and local strategies in asylum , migration and integration .


### by 15 february 2023 and by the same date of each subsequent year up to and including 2031 , member states shall submit to the commission the annual performance report as referred to in article 36 of regulation &#8230 ; / 2021 [ common provisions regulation ] . the report submitted in 2023 shall cover the implementation of the programme in the period to 30 june 2022 . ### by 15 february 2023 and by the same date of each subsequent year up to and including 2031 , member states shall submit to the commission the annual performance report as referred to in article 36 of regulation &#8230 ; / 2021 [ common provisions regulation ] . the report submitted in 2023 shall cover the implementation of the programme in the period to 30 june 2022 . member states shall publish these reports on the dedicated website of the managing authority as stipulated in article 44 of the common provision regulation . the european commission shall make annual performance reports available on a dedicated webpage .


### proposal for a regulation of the european parliament and of the council establishing the asylum and migration fund ### proposal for a regulation of the european parliament and of the council establishing the asylum , migration and integration fund


### it is appropriate to allow those member states that so wish to provide in their programmes that integration actions may include immediate relatives of third - country nationals , to the extent that this is necessary for the effective implementation of such actions . the term ‘ immediate relative’ should be understood as meaning spouses , partners and any person having direct family links in descending or ascending line with the third - country national targeted by the integration action , and who would otherwise not be covered by the scope of the fund . ### member states should ensure in their programmes that integration actions include immediate relatives of third - country nationals . the term ‘ immediate relative’ should be understood as meaning spouses , partners and any person having direct family links in descending or ascending line with the third - country national targeted by the integration action , and who would otherwise not be covered by the scope of the fund .


### establishing or improving reception accommodation infrastructure , including the possible joint use of such facilities by more than one member state ; ### supporting housing in small units , including appartments and the establishment or improvement of open reception accommodation infrastructure , including small - scale infrastructure addressing the needs of families with minors and unaccompanied minors ;


### the fund should support the efficient management of migration flows , inter alia by promoting common measures in the area of asylum , including member states’ efforts in receiving persons in need of international protection through resettlement and the transfer of applicants for or beneficiaries of international protection between member states , supporting integration strategies and a more effective legal migration policy , so as to ensure the union’s long - term competitiveness and the future of its social model and reduce incentives for irregular migration through a sustainable return and readmission policy . the fund should support the strengthening of cooperation with third countries to reinforce management of flows of persons applying for asylum or other forms of international protection , avenues on legal migration and to counter irregular migration and ensure sustainability of return and effective readmission to third countries . ### the fund should support the development of a human - rights based asylum , migration and integration policy , inter alia by promoting member states’ efforts in receiving persons in need of international protection through resettlement and other forms of ad - hoc humanitarian admission , transferring of applicants for or beneficiaries of international protection between member states , supporting reception and integration strategies and developing a legal migration policy . the fund should support the strengthening of cooperation between member states to reinforce the protection of persons applying for asylum or other forms of international protection , and to develop avenues on legal migration .


### regulation … / 2021 [ common provisions regulation ] establishes the framework for action for erdf , esf + , the cohesion fund , the european maritime and fisheries fund , the asylum and migration fund , the internal security fund and the border management and visa instrument as a part of the integrated border management fund , and lays down , in particular , the rules concerning programming , monitoring and evaluation , management and control for union funds implemented under shared management . it is therefore necessary to specify the objectives of amf , and to lay down specific provisions concerning the type of activities that may be financed by amf . ### regulation … / 2021 [ common provisions regulation ] establishes the framework for action for erdf , esf + , the cohesion fund , the european maritime and fisheries fund , the asylum , migration and integration fund , the internal security fund and the border management and visa instrument as a part of the integrated border management fund , and lays down , in particular , the rules concerning programming , monitoring and evaluation , management and control for union funds implemented under shared management . it is therefore necessary to specify the objectives of amif , and to lay down specific provisions concerning the type of activities that may be financed by amif .


### supporting the capacity of member states’ asylum systems as regards infrastructures and services where necessary ; ### supporting the capacity of member states’ asylum systems as well as local and regional authorities , including adequate and dignified reception conditions and services ;


### this regulation establishes the asylum and migration fund . ### this regulation establishes the asylum , migration and integration fund .


### within the objectives referred to in article 3 , and in line with the implementation measures listed in annex ii , the fund shall in particular support the actions listed in annex iii . ### within the objectives referred to in article 3 , and in line with the implementation measures listed in annex ii , the fund shall support the actions listed in annex iii .


### development of mobility schemes to the union , such as circular or temporary migration schemes , including training to enhance employability ; ### development of mobility schemes to the union , including but not limited to circular or temporary migration schemes , and training to enhance employability ;


### the commission shall carry out a mid - term and a retrospective evaluation of this regulation , including the actions implemented under the fund . ### by 30 september 2024 , the commission shall carry out a mid - term review of the progress towards the achievements of the objectives of this regulation . by the same date , the commission shall submit an evaluation report to the european parliament and the council .


### partnerships and cooperation with third countries are an essential component of union asylum policy to ensure the adequate management of flows of persons applying for asylum or other forms of international protection . with the aim of replacing the unsafe and irregular arrivals with legal and safe arrival to the territory of the member states of third - country nationals or stateless persons in need of international protection , expressing solidarity with countries in regions to which or within which a large number of persons in need of international protection have been displaced by helping to alleviate the pressure on those countries , helping achieve the union’s migration policy objectives by increasing the union’s leverage vis - à - vis third countries , and of effectively contributing to global resettlement initiatives by speaking with one voice in international fora and with third countries , the fund should provide financial incentives to the implementation of the union resettlement [ and humanitarian admission ] framework . ### the development of safe and legal pathways to the european union is an essential component of union asylum policy . the union resettlement and humanitarian admission framework is a legal pathway which should offer the most vulnerable third - country nationals or stateless persons in need of international protection access to a durable solution , which should be complemented by other legal pathways . this framework should contribute to increasing the union ' s contribution to international resettlement and humanitarian admission initiatives with a view to contributing significantly to meeting the global resettlement needs , including emergency cases . to that end , the asylum , migration and integration fund should provide targeted assistance in the form of financial incentives for each person admitted in accordance with the union resettlement and humanitarian admission framework as well as for actions to establish appropriate infrastructure and services for the implementation of the framework .


### the fund should be implemented in full compliance with the rights and principles enshrined in the charter of fundamental rights of the european union and with the union’s international obligations as regards fundamental rights . ### actions funded under the fund should be implemented in full compliance with the rights and principles enshrined in the charter of fundamental rights of the european union , union data protection laws , the european convention on human rights , the principle of fair treatment of third country nationals , the right to international protection , the principle of non refoulement and the union’s and member states international obligations as regards fundamental rights , including the universal declaration of human rights and the geneva convention relating to the status of refugees of 28 july 1951 , as supplemented by the protocol of 31 january 1967 .


### –integration measures implemented by local and regional authorities and civil - society organisations ; ### –measures implemented by local and regional authorities and civil - society organisations , including refugee and migrant organisations ;


### in order to support efforts to ensure a comprehensive approach to management of migration grounded on mutual trust , solidarity and responsibility sharing among member states and union institutions , with the objective of ensuring a common sustainable union policy on asylum and immigration , member states should be supported by adequate financial resources in the form of the asylum and migration fund . ### in order to support efforts to ensure a comprehensive approach to management of migration grounded on fundamental rights , solidarity and responsibility sharing among member states and union institutions , with the objective of ensuring a common sustainable union policy on asylum and migration , member states should be supported by adequate financial resources in the form of the asylum , migration and integration fund .


### the employment of irregular migrants creates a pull factor for illegal migration and undermines the development of a labour mobility policy built on legal migration schemes . the fund should therefore support member states , either directly or indirectly , in their implementation of directive 2009 / 52 / ec of the european parliament and of the council16 which prohibits the employment of illegally staying third - country nationals and provides for sanctions against employers who infringe that prohibition . _________________ 16 directive 2009 / 52 / ec of the european parliament and of the council of 18 june 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third - country nationals . ### the employment of irregular migrants undermines the development of a labour mobility policy built on legal migration schemes and endangers the rights of migrant workers , making them vulnerable to rights violations and abuse . the fund should therefore support member states , either directly or indirectly , in their implementation of directive 2009 / 52 / ec of the european parliament and of the council16 which prohibits the employment of illegally staying third - country nationals , provides for a complaints and wage recuperation mechanism for exploited workers and provides for sanctions against employers who infringe that prohibition . _________________ 16 directive 2009 / 52 / ec of the european parliament and of the council of 18 june 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third - country nationals .


### in order to increase efficiency , achieve the greatest union added value and to ensure the consistency of the union’s response to foster the integration of third - country nationals , actions financed under the fund should be specific and complementary to actions financed under the european social fund plus and the european regional development fund . measures financed under this fund should support measures tailor - made to the needs of third - country nationals that are generally implemented in the early stage of integration , and horizontal actions supporting member states’ capacities in the field of integration , whereas interventions for third - country nationals with a longer - term impact should be financed under the erdf and esf + . ### in order to increase efficiency , achieve the greatest union added value and to ensure the consistency of the union’s response to foster the integration of third - country nationals , actions financed under the fund should be specific and complementary to actions financed under the european social fund plus and the european regional development fund . measures financed under this fund should support integration measures tailor - made to the needs of third - country nationals and horizontal actions supporting member states’ capacities in the field of integration , complemented by interventions to promote the socio - economic integration of third - country nationals financed under the erdf and esf + .


### the fund should contribute to supporting operating costs related to asylum and return and enable member states to maintain capabilities which are crucial for that service for the union as a whole . such support consists of full reimbursement of specific costs related to the objectives under the fund and should form an integral part of the member states’ programmes . ### the fund should contribute to supporting operating costs related to asylum and regularisation of status of third country nationals who are in an irregular situation and enable member states to maintain capabilities which are crucial for that service for the union as a whole . such support consists of full reimbursement of specific costs related to the objectives under the fund and should form an integral part of the member states’ programmes .


### having regard to the treaty on the functioning of the european union , and in particular article 78 and article 79 and thereof , ### having regard to the treaty on the functioning of the european union , and in particular article 78 , article 79 and , and article 80 thereof ,


### member states should give preference to voluntary return . in order to promote voluntary return , member states should envisage incentives such as preferential treatment in the form of enhanced return assistance should be envisaged for the voluntary return of persons . this kind of voluntary return is in the interests of both returnees and the authorities in terms of its cost - effectiveness . ### member states should not be entitled to carry out any forced return . persons who would wish to return voluntarily should be provided with long - term reintegration support and should not be forced into voluntary return . regularisation of persons with existing ties to a member state should always be the preferred option of member states .


### considering the crucial role played by local and regional authorities and civil society organisations in the field of integration and to facilitate the access of these entities to funding at union level , the fund should facilitate the implementation of actions in the field of integration by local and regional authorities or civil society organisations , including through the use of the thematic facility and through a higher co - financing rate for these actions . ### considering the crucial role played by local and regional authorities and their representative associations , as well as by civil society organisations in the field of integration , and to facilitate the access of these entities to funding at union level , the fund should facilitate the implementation of actions in the field of integration by local and regional authorities or civil society organisations , including through a higher co - financing rate for these actions and the use of a dedicated component of the thematic facility where those local and regional authorities have the competence to carry out integration measures .


### to support legal migration to the member states including to contribute to the integration of third - country nationals ; ### to support legal migration to the member states ;


### the fund should support the efficient management of migration flows , inter alia by promoting common measures in the area of asylum , including member states’ efforts in receiving persons in need of international protection through resettlement and the transfer of applicants for or beneficiaries of international protection between member states , supporting integration strategies and a more effective legal migration policy , so as to ensure the union’s long - term competitiveness and the future of its social model and reduce incentives for irregular migration through a sustainable return and readmission policy . the fund should support the strengthening of cooperation with third countries to reinforce management of flows of persons applying for asylum or other forms of international protection , avenues on legal migration and to counter irregular migration and ensure sustainability of return and effective readmission to third countries . ### the fund should support the development of a human - rights based asylum , migration and integration policy , inter alia by promoting member states’ efforts in receiving persons in need of international protection through resettlement and other forms of ad - hoc humanitarian admission , transferring of applicants for or beneficiaries of international protection between member states , supporting reception and integration strategies and developing a legal migration policy . the fund should support the strengthening of cooperation between member states to reinforce the protection of persons applying for asylum or other forms of international protection , and to develop avenues on legal migration .


### if at least 10 % of the initial allocation of a programme referred to in article 11 has not been covered by payment applications submitted in accordance with article [ 85 ] of regulation … / 2021 [ common provisions regulation ] , the member state concerned shall not be eligible to receive the additional allocation for the programme referred to in paragraph 1 . ### if at least 30 % of the initial allocation of a programme referred to in article 11 has not been covered by payment applications submitted in accordance with article [ 85 ] of regulation … / 2021 [ common provisions regulation ] , the member state concerned shall not be eligible to receive the additional allocation for the programme referred to in paragraph 1 .


### the employment of irregular migrants creates a pull factor for illegal migration and undermines the development of a labour mobility policy built on legal migration schemes . the fund should therefore support member states , either directly or indirectly , in their implementation of directive 2009 / 52 / ec of the european parliament and of the council16 which prohibits the employment of illegally staying third - country nationals and provides for sanctions against employers who infringe that prohibition . _________________ 16 directive 2009 / 52 / ec of the european parliament and of the council of 18 june 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third - country nationals . ### the fund should support member states , either directly or indirectly , in their implementation of directive 2009 / 52 / ec of the european parliament and of the council16 which prohibits the employment of illegally staying third - country nationals and provides for sanctions against employers who infringe that prohibition . it also includes protective elements such as the right of irregularly employed third country nationals to lodge complaints and claim back their wages . the fund should support the implementation of the latter , as these protective elements have not been implemented sufficiently , as was pointed out in the communication from the commission to the european parliament and the council of 22 may 2014 on the application of directive 2009 / 52 / ec of 18 june 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third country nationals . _________________ 16 directive 2009 / 52 / ec of the european parliament and of the council of 18 june 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third - country nationals .


### support to member states contributing to solidarity and responsibility efforts ; and ### support to member states at central , regional or local level and to international and non - governmental organisations which contribute to solidarity efforts ;


### grants implemented under direct management shall be awarded and managed in accordance with [ title viii ] of the financial regulation . ### grants implemented under direct and indirect management shall be awarded and managed in accordance with [ title viii ] of the financial regulation .


### the thematic facility shall in particular , support actions falling under the implementation measure 2 of annex ii that are implemented by the local and regional authorities or civil society organisations . ### the thematic facility shall support actions falling under annex ii that are implemented by the local and regional authorities or civil society organisations . in that regard , a minimum of 5% of the financial envelope of the thematic facility shall be granted under direct or indirect management to local and regional authorities or civil society organisations implementing integration and reception actions .


### in the context of the evolving migratory challenges characterised by the need to support strong reception , asylum , integration and migration systems of member states , prevent and adequately handle situations of pressure and replace irregular and unsafe arrivals with legal and safe pathways , investing in efficient and coordinated migration management in the union is key to realising the union ' s objective of constituting an area of freedom , security and justice pursuant to article 67 of the treaty on the functioning of the european union . ### in the context of the evolving migratory challenges characterised by the need to support strong reception , asylum , integration and migration systems of member states , adequately handle situations of increased arrivals of migrants and reduce irregular and unsafe arrivals through legal and safe pathways , investing in an asylum and migration system based on fundamental rights in the union is key to realising the union ' s objective of constituting an area of freedom , security and justice pursuant to article 67 of the treaty on the functioning of the european union .


### identifying applicants with special procedural or reception needs ; ### identifying applicants with special procedural or reception needs , including victims of torture , gender - based violence , victims of trafficking , children and other vulnerable persons and providing specialised support to them ;


### partnerships and cooperation with third countries are an essential component of union asylum policy to ensure the adequate management of flows of persons applying for asylum or other forms of international protection . with the aim of replacing the unsafe and irregular arrivals with legal and safe arrival to the territory of the member states of third - country nationals or stateless persons in need of international protection , expressing solidarity with countries in regions to which or within which a large number of persons in need of international protection have been displaced by helping to alleviate the pressure on those countries , helping achieve the union’s migration policy objectives by increasing the union’s leverage vis - à - vis third countries , and of effectively contributing to global resettlement initiatives by speaking with one voice in international fora and with third countries , the fund should provide financial incentives to the implementation of the union resettlement [ and humanitarian admission ] framework . ### the development of safe and legal pathways to the european union is an essential component of union asylum policy . the union resettlement and humanitarian admission framework is a legal pathway which should offer the most vulnerable third - country nationals or stateless persons in need of international protection access to a durable solution , which should be complemented by other legal pathways . this framework should contribute to increasing the union ' s contribution to international resettlement and humanitarian admission initiatives with a view to contributing significantly to meeting the global resettlement needs , including emergency cases . to that end , the asylum , migration and integration fund should provide targeted assistance in the form of financial incentives for each person admitted in accordance with the union resettlement and humanitarian admission framework as well as for actions to establish appropriate infrastructure and services for the implementation of the framework .


### the contribution from the union budget shall not exceed 75 % of the total eligible expenditure of a project . ### the contribution from the union budget shall not exceed 80 % of the total eligible expenditure of a project .


### in order to support efforts to ensure a comprehensive approach to management of migration grounded on mutual trust , solidarity and responsibility sharing among member states and union institutions , with the objective of ensuring a common sustainable union policy on asylum and immigration , member states should be supported by adequate financial resources in the form of the asylum and migration fund . ### in order to support efforts to ensure a comprehensive approach to management of migration grounded on fundamental rights , solidarity and responsibility sharing among member states and union institutions , with the objective of ensuring a common sustainable union policy on asylum and migration , member states should be supported by adequate financial resources in the form of the asylum , migration and integration fund .


### funding from the thematic facility shall address priorities with a high added value to the union or be used to respond to urgent needs in line with agreed union priorities as outlined in annex ii . ### funding from the thematic facility shall address priorities with a high added value to the union or be used to respond to urgent needs in line with agreed union priorities as outlined in annex ii . the thematic facilities work programme should be made publicly available and be presented to the european parliament .


### the fund should also complement and reinforce the activities undertaken by the european union agency for asylum established by regulation . . / . . [ euaa regulation ] 14 with a view to facilitating and improving the functioning of the common european asylum system , by coordinating and strengthening practical cooperation and information exchange between member states , promoting union law and operational standards on asylum in order to ensure a high degree of uniformity based on high protection standards as regards procedures for international protection , reception conditions and the assessment of protection needs across the union , enabling a sustainable and fair distribution of applications for international protection , facilitate convergence in the assessment of applications for international protection across the union , support the resettlement efforts of the member states and provide operational and technical assistance to member states for the management of their asylum and reception systems , in particular those whose systems are subject to disproportionate pressure . _________________ 14 regulation no . . / . . of the european parliament and of the council of [ euaa regulation ] . ### the fund should also complement and reinforce the activities undertaken by the european union agency for asylum established by regulation . . / . . [ euaa regulation ] 14 with a view to facilitating and improving the functioning of the common european asylum system , by coordinating and strengthening practical cooperation and information exchange on good practices in the area of asylum between member states , promoting union and international law and operational standards on asylum in order to ensure high protection standards as regards procedures for international protection , reception conditions and the assessment of protection needs across the union , enabling a fair distribution of applications for international protection based on solidarity , support the resettlement efforts of the member states and providing operational and technical assistance to member states for the management of their asylum and reception systems , in particular those whose systems are subject to disproportionate pressure . _________________ 14 regulation no . . / . . of the european parliament and of the council of [ euaa regulation ] .


### the policy objective of the fund shall be to contribute to an efficient management of migration flows in line with the relevant union acquis and in compliance with the union ' s commitments on fundamental rights . ### the policy objective of the fund shall be to contribute to the implementation , strengthening and development of the common policy on asylum , subsidiary protection and temporary protection and of the common immigration policy while fully respecting the union ' s and the member states ' obligations under international law and the rights and principles enshrined in the charter of fundamental rights of the european union .


### the fund should be implemented in full compliance with the rights and principles enshrined in the charter of fundamental rights of the european union and with the union’s international obligations as regards fundamental rights . ### actions funded under the fund should be implemented in full compliance with the rights and principles enshrined in the charter of fundamental rights of the european union , union data protection laws , the european convention on human rights , the principle of fair treatment of third country nationals , the right to international protection , the principle of non refoulement and the union’s and member states international obligations as regards fundamental rights , including the universal declaration of human rights and the geneva convention relating to the status of refugees of 28 july 1951 , as supplemented by the protocol of 31 january 1967 .


### legal entities participating in consortia of at least two independent entities , established in different member states or overseas countries or territories linked to those states or in third countries are eligible . ### legal entities participating in consortia of at least two independent entities , established in different member states or overseas countries or territories linked to those states are eligible .


### in order to increase efficiency , achieve the greatest union added value and to ensure the consistency of the union’s response to foster the integration of third - country nationals , actions financed under the fund should be specific and complementary to actions financed under the european social fund plus and the european regional development fund . measures financed under this fund should support measures tailor - made to the needs of third - country nationals that are generally implemented in the early stage of integration , and horizontal actions supporting member states’ capacities in the field of integration , whereas interventions for third - country nationals with a longer - term impact should be financed under the erdf and esf + . ### in order to increase efficiency , achieve the greatest union added value and to ensure the consistency of the union’s response to foster the integration of third - country nationals , actions financed under the fund should be specific and complementary to actions financed under the european social fund plus and the european regional development fund . measures financed under this fund should support integration measures tailor - made to the needs of third - country nationals and horizontal actions supporting member states’ capacities in the field of integration , complemented by interventions to promote the socio - economic integration of third - country nationals financed under the erdf and esf + .


### supporting the development and implementation of policies promoting legal migration and the implementation of the union legal migration acquis ; ### supporting the development and implementation of policies developing legal migration possibilities , facilitating family reunification , and the implementation of the union legal migration acquis ;


### the development , monitoring and evaluation of policies and procedures including on collection and exchange of information and data , development and application of common statistical tools , methods and indicators for measuring progress and assessing policy developments ; ### the development , monitoring and evaluation of policies and procedures including the development , collection , analysis , dissemination of qualitative and quantitative data and statistics on migration and international protection and the development and application of common statistical tools , methods and indicators for measuring progress and assessing policy developments ;


### the fund should also complement and reinforce the activities undertaken by the european union agency for asylum established by regulation . . / . . [ euaa regulation ] 14 with a view to facilitating and improving the functioning of the common european asylum system , by coordinating and strengthening practical cooperation and information exchange between member states , promoting union law and operational standards on asylum in order to ensure a high degree of uniformity based on high protection standards as regards procedures for international protection , reception conditions and the assessment of protection needs across the union , enabling a sustainable and fair distribution of applications for international protection , facilitate convergence in the assessment of applications for international protection across the union , support the resettlement efforts of the member states and provide operational and technical assistance to member states for the management of their asylum and reception systems , in particular those whose systems are subject to disproportionate pressure . __________________ 14 regulation no . . / . . of the european parliament and of the council of [ euaa regulation ] . ### the fund should also complement and reinforce the activities undertaken by the european union agency for asylum established by regulation . . / . . [ euaa regulation ] 14 with a view to facilitating and improving the functioning of the common european asylum system , by coordinating and strengthening practical cooperation and information exchange on asylum between member states , promoting union and international law and operational standards in order to ensure a high degree of uniformity based on high protection standards as regards procedures for international protection , reception conditions and the assessment of protection needs across the union , enabling a sustainable and fair distribution of applications for international protection , facilitate convergence in the assessment of applications for international protection across the union , monitoring the operational and technical application of the common european asylum system , supporting the resettlement efforts of the member states and providing operational and technical assistance to member states for the management of their asylum and reception systems , in particular those whose systems are subject to disproportionate pressure . __________________ 14 regulation no . . / . . of the european parliament and of the council of [ euaa regulation ] .


### these financing decisions may be annual or multiannual and may cover one or more components of the thematic facility . ### these work programmes may be annual or multiannual and may cover one or more components of the thematic facility .


### the commission shall carry out a mid - term and a retrospective evaluation of this regulation , including the actions implemented under the fund . ### by 30 september 2024 , the commission shall carry out a mid - term review of progress towards the achievement of the objectives of this regulation , with reference in particular to the output and result indicators set out in annex viii to this regulation and the annual performance reports submitted by member states under article 30 . by the same date , the commission shall submit an evaluation report on the mid - term review undertaken to the european parliament and to the council . the evaluation report on the mid - term review shall in particular include an evaluation of the provisions of this regulation regarding simplification and flexibility , its coherence with internal and external policies of the union , the continued relevance of all implementing measures referred to in annex ii and the actions referred to in annex iii , as well as the contribution of the measures and actions to the objective of ensuring a common union policy on asylum and immigration . it shall take into account retrospective evaluation results on the long - term impact of the predecessor fund , the [ asylum , migration and integration fund 2014 - 2020 ] . the longer - term impacts and the sustainability of effects of the fund shall be evaluated with a view to feeding into a decision on a possible renewal , modification or suspension of a subsequent fund .


### enhancing solidarity and cooperation with third countries affected by migratory flows , including through resettlement and other legal avenues to protection in the union as well as partnership and cooperation with third countries for the purpose of managing migration . ### supporting resettlement and other complementary legal avenues to protection in the union with a view to increasing the overall number of available resettlement admission places .


### the migration crisis highlighted the need to reform the common european asylum system to ensure that efficient asylum procedures to prevent secondary movements , to provide uniform and appropriate reception conditions for applicants for international protection , uniform standards for the granting of international protection and appropriate rights and benefits for beneficiaries of international protection . at the same time , the reform was needed to put in place a fairer and more effective system of determining member states’ responsibility for applicants for international protection as well as a union framework for member states’ resettlement efforts . therefore , it is appropriate for the fund to provide increased support to member states’ efforts to fully and properly implement the reformed common european asylum system . ### the humanitarian crisis faced by persons in need of international protection who arrived to the european union in 2015 as well as the rising number of deaths in the mediterranean over the past years highlighted the need to develop safe and legal pathways to the european union , including a union resettlement framework , and to put in place a new system of determining member states’ responsibility for applicants for international protection based on solidarity . at the same time , it is appropriate for the fund to provide increased support to member states’ efforts to fully and properly implement the common european asylum system provided that such efforts are not in violation of fundamental rights .


### considering the high levels of migration flows to the union in the last years and the importance of ensuring the cohesion of our societies , it is crucial to support member states’ policies for early integration of legally staying third - country nationals , including in the priority areas identified in the action plan on integration of third - country nationals adopted by the commission in 2016 . ### considering the increasing numbers of international migrants and of people forcibly displaced globally , it is crucial to support member states’ policies of reception and integration of third - country nationals , including in the priority areas identified in the action plan on integration of third - country nationals adopted by the commission in 2016 .


### these initial amounts should form a basis for member states’ long - term investments . to take account of changes in migration flows and to address needs in the management of asylum and reception systems and integration of legally staying third - country nationals , and counter irregular migration through efficient and sustainable return policy , an additional amount should be allocated to the member states at mid - term taking into account the absorption rates . this amount should be based on the latest available statistical data as set out in annex i to reflect the changes in the baseline situation of member states . ### these initial amounts should form a basis for member states’ long - term investments . to take account of changes in migration flows and to address needs in the management of asylum and reception systems and integration of third - country nationals , counter trafficking of migrants , implement an efficient , rights compliant and sustainable return policy , an additional amount should be allocated to the member states at mid - term taking into account the absorption rates . this amount should be based on the latest available statistical data as set out in annex i to reflect the changes in the baseline situation of member states .


### regulation … / 2021 [ common provisions regulation ] establishes the framework for action for erdf , esf + , the cohesion fund , the european maritime and fisheries fund , the asylum and migration fund , the internal security fund and the border management and visa instrument as a part of the integrated border management fund , and lays down , in particular , the rules concerning programming , monitoring and evaluation , management and control for union funds implemented under shared management . it is therefore necessary to specify the objectives of amf , and to lay down specific provisions concerning the type of activities that may be financed by amf . ### regulation … / 2021 [ common provisions regulation ] establishes the framework for action for erdf , esf + , the cohesion fund , the european maritime and fisheries fund , the asylum , migration and integration fund , the internal security fund and the border management and visa instrument as a part of the integrated border management fund , and lays down , in particular , the rules concerning programming , monitoring and evaluation , management and control for union funds implemented under shared management . it is therefore necessary to specify the objectives of amif , and to lay down specific provisions concerning the type of activities that may be financed by amif .


### the fund should support the efforts by the union and the member states relating to the enhancement of the member states’ capacity to develop , monitor and evaluate their asylum policies in the light of their obligations under existing union law . ### the fund should support the union and the member states in the implementation of the existing union law in particular directives 2013 / 33 / eu1a , 2013 / 32 / eu1b and 2011 / 95 / eu1c of the european parliament and of the council and regulation 604 / 2013 / eu of the european parliament and of the council1e . __________________ 1a directive 2013 / 33 / eu of the european parliament and of the council of 26 june 2013 laying down standards for the reception of applicants for international protection . 1b directive 2013 / 32 / eu of the european parliament and of the council of 26 june 2013 on common procedures for granting and withdrawing international protection . 1c directive 2011 / 95 / eu of the european parliament and of the council of 13 december 2011 on standards for the qualification of third - country nationals or stateless persons as beneficiaries of international protection , for a uniform status for refugees or for persons eligible for subsidiary protection , and for the content of the protection granted . 1d regulation no 604 / 2013 of the european parliament and of the council of 26 june 2013 establishing the criteria and mechanisms for determining the member state responsible for examining an application for international protection lodged in one of the member states by a third - country national or a stateless person .


### in the context of the evolving migratory challenges characterised by the need to support strong reception , asylum , integration and migration systems of member states , prevent and adequately handle situations of pressure and replace irregular and unsafe arrivals with legal and safe pathways , investing in efficient and coordinated migration management in the union is key to realising the union ' s objective of constituting an area of freedom , security and justice pursuant to article 67 of the treaty on the functioning of the european union . ### in the context of the evolving migratory challenges characterised by the need to support strong reception , asylum , integration and migration systems of member states , adequately handle situations of increased arrivals of migrants and reduce irregular and unsafe arrivals through legal and safe pathways , investing in an asylum and migration system based on fundamental rights in the union is key to realising the union ' s objective of constituting an area of freedom , security and justice pursuant to article 67 of the treaty on the functioning of the european union .


### in order to strengthen the union’s capacity to immediately address unforeseen or disproportionate heavy migratory pressure in one or more member states characterised by a large or disproportionate inflow of third - country nationals , which places significant and urgent demands on their reception and detention facilities , asylum and migration management systems and procedures , heavy migratory pressures in third countries due to political developments or conflicts , it should be possible to provide emergency assistance in accordance with the framework set out in this regulation . ### in order to strengthen the union’s capacity to immediately address unforeseen migratory arrivals in one or more member states , which places significant and urgent demands on their reception facilities , asylum and migration systems and procedures , it should be possible to provide emergency assistance in accordance with the framework set out in this regulation .


### considering the long - term economic and demographic challenges faced by the union , it is crucial to establish well - functioning legal migration channels to the union to maintain the union as an attractive destination for migrants and ensure the sustainability of welfare systems and growth of the union economy . ### considering the exploitation in the european union of undocumented migrant workers , it is crucial to establish well - functioning legal migration channels to the union to protect migrant workers from exploitation while ensuring the sustainability of welfare systems and growth of the union economy . regularisation of persons already present on eu territory with existing ties to a member state should be encouraged .


### partnerships and cooperation with third countries are an essential component of union asylum policy to ensure the adequate management of flows of persons applying for asylum or other forms of international protection . with the aim of replacing the unsafe and irregular arrivals with legal and safe arrival to the territory of the member states of third - country nationals or stateless persons in need of international protection , expressing solidarity with countries in regions to which or within which a large number of persons in need of international protection have been displaced by helping to alleviate the pressure on those countries , helping achieve the union’s migration policy objectives by increasing the union’s leverage vis - à - vis third countries , and of effectively contributing to global resettlement initiatives by speaking with one voice in international fora and with third countries , the fund should provide financial incentives to the implementation of the union resettlement [ and humanitarian admission ] framework . ### the development of safe and legal pathways to the european union is an essential component of union asylum policy . the union resettlement and humanitarian admission framework is a legal pathway which should offer the most vulnerable third - country nationals or stateless persons in need of international protection access to a durable solution , which should be complemented by other legal pathways . this framework should contribute to increasing the union ' s contribution to international resettlement and humanitarian admission initiatives with a view to contributing significantly to meeting the global resettlement needs , including emergency cases . to that end , the asylum , migration and integration fund should provide targeted assistance in the form of financial incentives for each person admitted in accordance with the union resettlement and humanitarian admission framework as well as for actions to establish appropriate infrastructure and services for the implementation of the framework .


### these initial amounts should form a basis for member states’ long - term investments . to take account of changes in migration flows and to address needs in the management of asylum and reception systems and integration of legally staying third - country nationals , and counter irregular migration through efficient and sustainable return policy , an additional amount should be allocated to the member states at mid - term taking into account the absorption rates . this amount should be based on the latest available statistical data as set out in annex i to reflect the changes in the baseline situation of member states . ### these initial amounts should form a basis for member states’ long - term investments . to address needs in the management of asylum and reception systems and integration of third - country nationals , and develop legal migration to the european union , an additional amount should be allocated to the member states at mid - term taking into account the absorption rates . this amount should be based on the latest available statistical data as set out in annex i to reflect the changes in the baseline situation of member states .


### providing material aid , including assistance at the border ; ### providing material aid , including assistance at the border , child - friendly and gender - sensitive facilities , emergency services provided by local authorities , education , training , support services , legal aid , health and psychological care ;


### the commission shall ensure that the european union agency for asylum and the european border and coast guard agency are associated to the process of developing the programmes at an early stage , as regards the areas of their competence . the commission shall consult the european border and coast guard agency and the european union agency for asylum on the draft programmes to ensure consistency and complementarity of the actions of the agencies and those of the member states . ### the commission shall ensure that the european union agency for asylum is associated to the process of developing the programmes at an early stage , as regards the areas of their competence . the commission shall consult the european union agency for asylum on the draft programmes to ensure complementarity of the actions of the agencies and those of the member states .


### having regard to the treaty on the functioning of the european union , and in particular article 78 and article 79 and thereof , ### having regard to the treaty on the functioning of the european union , and in particular article 78 , article 79 and and article 80 thereof ,


### the fund should reflect the need for increased flexibility and simplification while respecting requirements in terms of predictability , and ensuring a fair and transparent distribution of resources to meet the policy and specific objectives laid down in this regulation . ### the fund should reflect the need for increased transparency , flexibility and simplification while respecting requirements in terms of predictability , and ensuring a fair and transparent distribution of resources to meet the policy and specific objectives laid down in this regulation .


### the commission and the member states shall ensure that the support provided under this regulation and by the member states is consistent with the relevant activities , policies and priorities of the union and is complementary to other union instruments . ### the commission and the member states shall ensure that the support provided under this regulation and by the member states is consistent with the relevant activities , policies and priorities of the union and is complementary to and coordinated with other union instruments and measures funded in particular under the erdf and esf + regulations .


### specific objective 2 : supporting the common visa policy to facilitate legitimate travel and prevent migratory and security risks : ### specific objective 2 : supporting the common visa policy to ensure a more harmonised approach among the member states with regard to the issuance of visas and to facilitate legitimate travel :