### member states shall ensure that the penalties for widespread infringements and widespread infringements with a union dimension within the meaning of regulation no 2017 / 2934 include the possibility to impose fines , the maximum amount of which shall be at least 4 % of the trader ' s annual turnover in the member state or member states concerned . ### member states shall ensure that the penalties for widespread infringements and widespread infringements with a union dimension within the meaning of regulation no 2017 / 2934 include the possibility to impose fines , which shall be at least 4 % of the trader ' s worldwide overall annual turnover in the member state or member states concerned .


### in accordance with the multi - level governance principle , the member state shall involve those partners in the preparation of partnership agreements and throughout the preparation and implementation of programmes including through participation in monitoring committees in accordance with article 34 . ### in accordance with the multi - level governance principle , the member state shall involve those partners in the preparation of partnership agreements and throughout the preparation and implementation of programmes , including through participation in monitoring committees in accordance with article 34 . if the programmes in question are cross - border programmes , the member states involved shall include their partners from all participating member states .


### it is appropriate that different cases usually referred to as situations of conflict of interest be identified and treated distinctly . the notion of a ‘ conflict of interest’ should be solely used for cases where an entity or person with responsibilities for budget implementation , audit or control or an official or an agent of a union institution is in such a situation . in cases where an economic operator attempts to unduly influence a procedure or obtain confidential information , this should be treated as grave professional misconduct . in addition , economic operators may be in a situation where they should not be selected to implement a contract because of a professional conflicting interest . for instance , a company should not evaluate a project in which it has participated or an auditor should not be in a position to audit accounts it has previously certified . ### it is appropriate that different cases usually referred to as situations of conflict of interest be identified and treated distinctly . the notion of a ‘ conflict of interest’ should be used for cases where an entity or person with responsibilities for budget implementation , audit or control or an official or an agent of a union institution is in such a situation . all persons and entities potentially subject to a conflict of interest should publish a declaration of interest instead of a declaration of absence of interest . a self - evaluation of a conflict of interest is a conflict of interest in itself . therefore , the evaluation of a conflict of interest should be carried out by an independent third party . in cases where an economic operator attempts to unduly influence a procedure or obtain confidential information , this should be treated as grave professional misconduct . in addition , economic operators may be in a situation where they should not be selected to implement a contract because of a professional conflicting interest . for instance , a company should not evaluate a project in which it has participated or an auditor should not be in a position to audit accounts it has previously certified . there should be regular publication of a track record of all cases of conflict of interest and revolving door identified by the union institutions .


### there is added value to the union intervention : trust funds shall only be created and implemented at union level where their objectives , in particular by reason of their scale or potential effects , may be better achieved at union level than at national level ; ### there is added value to the union intervention : trust funds shall only be created and implemented at union level where their objectives , in particular by reason of their scale or potential effects , may be better achieved at union level than at national level and cannot be achieved to the same extent through&#160 ; any other existing financial instrument ;


### this article shall apply to operations which generate net revenue after their completion . for the purposes of this article ‘ net revenue’ means cash in - flows directly paid by users for the goods or services provided by the operation , such as charges borne directly by users for the use of infrastructure , sale or rent of land or buildings , or payments for services less any operating costs and replacement costs of short - life equipment incurred during the corresponding period . operating cost - savings generated by the operation shall be treated as net revenue unless they are offset by an equal reduction in operating subsidies . ### in article 61 , the first subparagraph of paragraph 1 is replaced by the following : “this article shall apply to operations which generate net revenue after their completion . for the purposes of this article ‘ net revenue’ means cash in - flows directly paid by users for the goods or services provided by the operation , such as charges borne directly by users for the use of infrastructure , sale or rent of land or buildings , or payments for services less any operating costs and replacement costs of short - life equipment incurred during the corresponding period . operating cost - savings generated by the operation , with the exception of cost - savings resulting from the implementation of energy efficiency measures , shall be treated as net revenue unless they are offset by an equal reduction in operating subsidies . ”


### concern the processing , marketing and / or development of agricultural products covered by annex i to the tfeu or cotton , except fishery products ; the output of the production process may be a product not covered by that annex ; where support is provided in the form of financial instruments , the input may also be a product not covered by annex i to the tfeu on condition that the investment contributes to one or more of the union priorities for rural development ; ### concern the processing , marketing and / or development of agricultural products covered by annex i to the tfeu or cotton , except fishery products ; the output of the production process may be a product not covered by that annex ;


### to achieve this objective , actions should be taken at union level to protect people and goods from increasingly transnational threats and to support the work carried out by member states’ competent authorities . terrorism , serious and organised crime , itinerant crime , drug trafficking , corruption , cybercrime , trafficking in human beings and arms , among others , continue to challenge the internal security of the union . ### to achieve this objective , actions should be taken at union level to protect people , public spaces and critical infrastructure from increasingly transnational threats and to support the work carried out by member states’ competent authorities . terrorism , serious and organised crime , drug trafficking , corruption , cybercrime , trafficking in human beings and arms , among others , continue to challenge the internal security of the union .


### actions funded shall be implemented in full respect for fundamental rights and human dignity . in particular , actions shall comply with the provisions of the charter of fundamental rights of the european union , union data protection law and the european convention for the protection of human rights and fundamental freedoms . in particular , wherever possible , special attention shall be given by member states when implementing actions to the assistance and protection of vulnerable persons , in particular children and unaccompanied minors . ### actions funded shall be implemented in full respect for fundamental rights and human dignity , and the funding shall be interrupted and recovered if there are indications that the actions contribute to their violation . in particular , actions shall comply with the provisions of the charter of fundamental rights of the european union , union data protection law and the european convention for the protection of human rights and fundamental freedoms . special attention shall be given when implementing actions relating vulnerable persons , in particular children , unaccompanied minors and persons seeking international protection .


### actions limited to the maintenance of public order at national level ; ### actions limited to , or mainly consisting of , the maintenance of public order at national level ;


### 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 territories linked to those states , are eligible .


### the commission may associate the union agency for law enforcement cooperation , the european union agency for law enforcement training and the european monitoring centre for drugs and drug addiction where appropriate in the monitoring and evaluation tasks as specified in section 5 in particular in view of ensuring that the actions implemented with the support of the fund are compliant with the relevant union acquis and agreed union priorities . ### the commission may associate the union agency for law enforcement cooperation , the european union agency for law enforcement training and the european monitoring centre for drugs and drug addiction where appropriate in the monitoring and evaluation tasks as specified in section 5 in particular in view of ensuring that the actions implemented with the support of the fund , which fall within their mandate , are compliant with the relevant union acquis and agreed union priorities .


### a maximum of 15 % of the allocation of a member state programme may be used for the purchase of equipment , means of transport or the construction of security - relevant facilities . this ceiling may be exceeded only in duly justified cases . ### a maximum of 15 % of the allocation of a member state programme may be used for the purchase of equipment or means of transport . this ceiling may be exceeded only in duly justified cases .


### the recipient of union funding shall acknowledge the origin and ensure the visibility of the union funding , in particular when promoting the actions and their results by providing coherent , effective and proportionate targeted information to multiple audiences , including media and the public . ### the recipient of union funding shall acknowledge the origin and ensure the visibility of the union funding , in particular when promoting the actions and their results by providing coherent , effective , detailed and meaningful information to multiple audiences , including media and the public .


### in order to ensure effective assessment of the progress of the fund towards the achievement of its objectives , the commission shall be empowered to adopt delegated acts in accordance with article 28 to amend annex viii to review and complement the indicators where necessary and to supplement this regulation with provisions on the establishment of a monitoring and evaluation framework , including for project information to be provided by the member states . ### in order to ensure effective assessment of the progress of the fund towards the achievement of its objectives , the commission shall be empowered to adopt delegated acts in accordance with article 28 to amend annex viii to review and complement the indicators where necessary and to supplement this regulation with provisions on the establishment of a monitoring and evaluation framework , including for project information to be provided by the member states . qualitative indicators shall be included for the assessment .


### —it systems and networks contributing to the achievement of the objectives of this regulation , training on the use of such systems , testing and improving interoperability and data quality of such systems ; ### —it systems and networks contributing to the achievement of the objectives of this regulation , training on the use of such systems , and on fundamental rights aspects relating to their use , testing and improving data quality of such systems ;


### —monitoring of the implementation of union law and union policy objectives in the member states in the area of security information systems ; ### —monitoring of the implementation of union law and union policy objectives in the member states in the area of freedom , security and justice ;


### number of study visits , trainings , workshops and counselling completed in member states in close coordination with national authorities broken down by beneficiaries . ### number of study visits , trainings , workshops and counselling completed in member states in close coordination with national authorities broken down by beneficiaries and feedback of participants on their added value .


### support of this kind should encourage entities with a public mission such as public authorities and providers of public services to offer free local wireless connectivity as an ancillary service to their public mission so as to ensure that local communities can experience the benefits of very high - speed broadband in the centres of public life . such entities could include municipalities and other local public authorities , libraries and hospitals . ### support of this kind should encourage entities with a public mission such as public authorities and providers of public services to offer free local wireless connectivity as an ancillary service to their public mission and thus help to ensure that local communities in the centres of public life are guaranteed access to information and involvement in public life , can improve their digital skills and can experience the benefits of very high - speed broadband . such entities could include municipalities and other local public authorities , libraries , schools , community centres , sports facilities , bus and tram stops and hospitals .


### due to the limited reach of any single local wireless access point and the small value of individual projects covered , access points benefitting from financial assistance under this regulation are not expected to challenge commercial offers . in order to further ensure that such financial assistance does not unduly distort competition , crowd out private investments or create disincentives for private operators to invest , the intervention should be limited to projects that do not duplicate already existing private or public offers of similar characteristics in the same area . this should not exclude additional support to deployments under this initiative from public or private sources of funding . ### due to the limited reach of any single local wireless access point and the small value of individual projects covered , access points benefitting from financial assistance under this regulation are not expected to challenge commercial offers . in order to further ensure that such financial assistance does not unduly distort competition , crowd out private investments or create disincentives for private operators to invest , the intervention should be limited to projects that do not duplicate already existing offers of similar characteristics available free of charge under similar terms in the same area served by existing public wlan routers . this should not exclude additional support to deployments under this initiative from public or private sources of funding . municipalities which already offer access at lower speeds should continue to be eligible for support with a view to promoting the blanket availability of fast internet access .


### to ensure that connectivity in accordance with this regulation is provided quickly , financial assistance should be implemented using to the fullest extent possible on - line tools that allow for the swift submission and handling of applications and support the implementation , monitoring and auditing of the local wireless access points installed . ### to ensure that connectivity in accordance with this regulation is provided quickly , local authorities should be informed promptly and in an appropriate manner about the availability of this support , and where necessary helped to apply for it , and financial assistance should be implemented using to the fullest extent possible on - line tools that allow for the swift submission and handling of applications and support the implementation , monitoring and auditing of the local wireless access points installed .


### projects duplicating already existing private or public offers of similar characteristics , including quality , in the same area shall not be covered . ### projects duplicating already existing private or public offers of similar characteristics , including quality , available free of charge under the same terms in the same area served by existing public wlan routers shall not be covered . municipalities which already offer access at lower speeds may continue to be receive support with a view to promoting the blanket availability of fast internet access , however .


### the voting results including , in the case of the appeal committee , the votes expressed by the representative of each member state ; ### the voting results including , in the case of the appeal committee , the votes expressed by , and the attendance of , the representative of each member state ;


### secondary market operations for electrical and electronic equipment , involving repair , replacement of spare parts , refurbishment and reuse , should be facilitated to promote a circular economy in the union . a high level of protection of human health and the environment should be ensured , including through the environmentally sound recovery and disposal of waste electrical and electronic equipment . unnecessary administrative burden on market operators should be avoided . directive 2011 / 65 / eu allows eee that fell outside the scope of the previous directive 2002 / 95 / ec of the european parliament and of the council6 , but which would not comply with directive 2011 / 65 / eu , to continue to be made available on the market until 22 july 2019 . after that date , however , both the first placing on the market and secondary market operations of non - compliant eee are prohibited . such prohibition of secondary market operations is inconsistent with the general principles underlying union measures for the approximation of laws relating to products and should therefore be removed . _________________ 6 directive 2002 / 95 / ec of the european parliament and of the council of 27 january 2003 on the restriction of the use of certain hazardous substances in electrical and electronic equipment . ### secondary market operations for electrical and electronic equipment , involving repair , replacement of spare parts , refurbishment and reuse , and retrofitting , should be facilitated to promote a circular economy in the union . a high level of protection of human health and the environment should be ensured , including through the environmentally sound recovery and disposal of waste electrical and electronic equipment . unnecessary administrative burden on market operators should be avoided . directive 2011 / 65 / eu allows eee that fell outside the scope of the previous directive 2002 / 95 / ec of the european parliament and of the council6 , but which would not comply with directive 2011 / 65 / eu , to continue to be made available on the market until 22 july 2019 . after that date , however , both the first placing on the market and secondary market operations of non - compliant eee are prohibited . such prohibition of secondary market operations is inconsistent with the general principles underlying union measures for the approximation of laws relating to products and should therefore be removed . _________________ 6 directive 2002 / 95 / ec of the european parliament and of the council of 27 january 2003 on the restriction of the use of certain hazardous substances in electrical and electronic equipment .


### with 1 . 8% of eu gdp , down from 2 . 2% in 2009 , infrastructure investment activities in the union in 2016 were about 20% below investment rates before the global financial crisis . thus , while a recovery in investment - to - gdp ratios in the union can be observed , it remains below what might be expected in a strong recovery period and is insufficient to compensate years of underinvestment . more importantly , the current investment levels and forecasts do not cover the union ' s structural investment needs in the face of technological change and global competitiveness , including for innovation , skills , infrastructure , small and medium - sized enterprises and the need to address key societal challenges such as sustainability or population ageing . consequently , continued support is necessary to address market failures and sub - optimal investment situations to reduce the investment gap in targeted sectors to achieve the union ' s policy objectives . ### with 1 . 8% of eu gdp , down from 2 . 2% in 2009 , infrastructure investment activities in the union in 2016 were about 20% below investment rates before the global financial crisis . thus , while a recovery in investment - to - gdp ratios in the union can be observed , it remains below what might be expected in a strong recovery period and is insufficient to compensate for years of underinvestment . more importantly , the current investment levels and forecasts do not cover the union ' s structural investment needs in the face of technological change and global competitiveness , including for innovation , skills , infrastructure , small and medium - sized enterprises and the need to address key societal challenges such as sustainability or population ageing . consequently , continued support is necessary to address market failures and sub - optimal investment situations to reduce the investment gap in targeted sectors to achieve the union ' s policy objectives .


### in the last years , the union has adopted ambitious strategies to complete the single market and to stimulate sustainable growth and jobs , such as the capital markets union , the digital single market strategy , the clean energy for all europeans package , the union action plan for the circular economy , the low - emission mobility strategy , the defence and the space strategy for europe . the investeu fund should exploit and reinforce synergies between those mutually reinforcing strategies through providing support to investment and access to financing . ### in the last few years , the union has adopted ambitious strategies to complete the single market and to stimulate sustainable growth and jobs , such as the capital markets union , the digital single market strategy , the clean energy for all europeans package , the union action plan for the circular economy , the low - emission mobility strategy . the investeu fund should exploit and reinforce synergies between those mutually reinforcing strategies through providing support to investment and access to financing .


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


### according to the 2018 global risks report issued by the world economic forum , half of the ten most critical risks threatening the global economy relate to the environment . such risks include air , soil and water pollution , extreme weather events , biodiversity losses and failures of climate - change mitigation and adaptation . environmental principles are strongly embedded in the treaties and many of the union ' s policies . therefore , the mainstreaming of environmental objectives should be promoted in the investeu fund related operations . environmental protection and related risk prevention and management should be integrated in the preparation and implementation of investments . the eu should also track its biodiversity - related and air pollution control - related expenditure in order to fulfil the reporting obligations under the convention on biological diversity and directive 2016 / 2284 of the european parliament and of the council15 investment allocated to environmentally sustainability objectives should therefore be tracked using common methodologies coherent with that developed under other union programmes applying to climate , biodiversity and air pollution management in order to allow assessing the individual and combined impact of investments on the key components of the natural capital , including air , water , land and biodiversity . _________________ 15 directive 2016 / 2284 of the european parliament and of the council of 14 december 2016 on the reduction of national emissions of certain atmospheric pollutants , amending directive 2003 / 35 / ec and repealing directive 2001 / 81 / ec . ### according to the 2018 global risks report issued by the world economic forum , half of the ten most critical risks threatening the global economy relate to the environment , built into which are the risks posed by the increasing number of major trade deals , which results in more centralised methods of food production and manufacturing , which further results in increased global transport traffic . such risks include air , soil and water pollution , extreme weather events , biodiversity losses and failures of climate - change mitigation and adaptation . environmental principles are strongly embedded in the treaties and many of the union ' s policies . therefore , the mainstreaming of environmental objectives should be promoted in the investeu fund related operations . environmental protection and related risk prevention and management should be integrated in the preparation and implementation of investments . the eu should also track its biodiversity - related and air pollution control - related expenditure in order to fulfil the reporting obligations under the convention on biological diversity and directive 2016 / 2284 of the european parliament and of the council15 investment allocated to environmentally sustainability objectives should therefore be tracked using common methodologies coherent with that developed under other union programmes applying to climate , biodiversity and air pollution management in order to allow assessing the individual and combined impact of investments on the key components of the natural capital , including air , water , land and biodiversity . _________________ 15 directive 2016 / 2284 of the european parliament and of the council of 14 december 2016 on the reduction of national emissions of certain atmospheric pollutants , amending directive 2003 / 35 / ec and repealing directive 2001 / 81 / ec .


### the investeu fund should be open to contributions from third countries that are members of the european free trade association , acceding countries , candidates and potential candidates , countries covered by the neighbourhood policy and other countries , in accordance with the conditions laid down between the union and those countries . this should allow continuing cooperating with the relevant countries , where appropriate , in particular in the fields of research and innovation as well as smes . ### subject to the same rules and regulations , the investeu fund should be open to contributions from third countries that are members of the european free trade association , acceding countries , candidates and potential candidates , countries covered by the neighbourhood policy and other countries , in accordance with the conditions laid down between the union and those countries . this should allow continuing cooperating with the relevant countries , where appropriate , in particular in the fields of research and innovation as well as smes .


### third countries which are members of the european economic area may participate in union programmes in the framework of the cooperation established under the eea agreement , which provides for the implementation of the programmes by a decision under that agreement . third countries may also participate on the basis of other legal instruments . a specific provision should be introduced in this regulation to grant the necessary rights for and access to the authorising officer responsible , the european anti - fraud office as well as the european court of auditors to comprehensively exert their respective competences . ### subject to all rules and regulations of individual programmes , third countries which are members of the european economic area may participate in union programmes in the framework of the cooperation established under the eea agreement , which provides for the implementation of the programmes by a decision under that agreement . third countries may also participate on the basis of other legal instruments . a specific provision should be introduced in this regulation to grant the necessary rights for and access to the authorising officer responsible , the european anti - fraud office as well as the european court of auditors to comprehensively exert their respective competences .


### the eu compartment of the investeu fund referred to in point of article 8 and each of the policy windows referred to in article 7 may receive contributions from the following third countries in order to participate in certain financial products pursuant to [ article 218 ] of the [ financial regulation ] : ### subject to all rules and regulations of individual programmes , the eu compartment of the investeu fund referred to in point of article 8 and each of the policy windows referred to in article 7 may receive contributions from the following third countries in order to participate in certain financial products pursuant to [ article 218 ] of the [ financial regulation ] :


### the investeu portal shall be established by the commission . it shall be an easily accessible and user - friendly project database , providing relevant information for each project . ### the investeu portal shall be established by the commission . it shall be a well publicised , easily accessible and user - friendly project database , providing relevant information for each project .


### the european union ' s common short - stay visa policy has been an integral part to the establishment of an area without internal borders . visa policy should remain an essential tool for facilitating tourism and business , while helping counter security risks and the risk of irregular migration to the union . ### the european union ' s common short - stay visa policy has been an integral part to the establishment of an area without internal borders . &#160 ; a visa policy which respects human rights and fundamental freedoms should facilitate travel by third - country nationals to the eu while guaranteeing free movement of persons and maintaining the security of people within eu territory . the common visa policy should be consistent with other union policies , including those on freedom of movement , residence and mobility .


### the visa application procedure should be as easy as possible for applicants . it should be clear which member state is competent for examining an application for a visa in particular where the intended visit covers several member states . where possible , member states should allow for application forms to be completed and submitted electronically . deadlines should be established for the various steps of the procedure in particular to allow travellers to plan ahead and avoid peak seasons in consulates . ### the visa application procedure should be as easy as possible for applicants , so as to guarantee freedom of movement and the right to leave the state from which they originally come or in which they reside , without causing discrimination among different countries of origin . it should be clear which member state is competent for examining an application for a visa in particular where the intended visit covers several member states . where possible , member states should allow for application forms to be completed and submitted electronically . deadlines should be clearly established for the various steps of the procedure in particular to allow travellers to plan ahead and avoid peak seasons in consulates .


### the visa fee should ensure that sufficient financial resources are available to cover the expenses of visa processing , including appropriate structures and sufficient staff to ensure the quality and integrity of the examination of visa applications . the amount of the visa fee should be revised on a two - yearly basis on the basis of objective criteria . ### the visa fee should help to ensure sufficient financial resources for visa processing , including appropriate structures and sufficient staff to ensure the quality and integrity of the examination of visa applications . it should also be possible to take account of the applicant’s situation , particularly from the economic point of view . the amount of the visa fee should be revised on a two - yearly basis on the basis of objective criteria .


### given the differences in local circumstances notably with regard to migratory and security risks , as well as the relationships that the union maintains with specific countries , member states ' diplomatic missions and consular posts in individual locations should assess the need to adapt the general provisions to allow for a more favourable or more restrictive application . more favourable approaches in issuing multiple - entry visas with a long period of validity should take into account , in particular , the existence of trade agreements covering the mobility of business persons , and the third country ' s cooperation on the readmission of irregular migrants . ### given the differences in local circumstances and the relationships that the union maintains with specific countries , member states ' diplomatic missions and consular posts in individual locations may assess the need to adapt the general provisions to allow for a more favourable application of the visa regime . these more favourable approaches in issuing multiple - entry visas with a long period of validity should take into account , in particular , the existence of agreements covering the mobility of nationals of the countries concerned , and the third country ' s cooperation .


### applicants who have been refused a visa should have the right to appeal which should , at a certain stage of the proceedings , guarantee an effective judicial appeal . more detailed information on the refusal grounds and procedures for appeal of negative decisions should be provided in the notification of the refusal . ### applicants who have been refused a visa should have the right to appeal which should guarantee an effective and prompt judicial appeal . detailed information on the refusal grounds and procedures for appeal of negative decisions should be provided in the notification of the refusal .


### with a view to ensuring that a poor transport infrastructure or long distances in a specific region or geographical area does not require a disproportionate effort on the part of applicants to have access to a consulate , member states lacking their own consulate in that region or area shall endeavour to conclude representation arrangements with member states that have consulates in that region or area . ### in article 8 , paragraph 6 is amended ‘ 6 . with a view to ensuring that a poor transport infrastructure or long distances in a specific region or geographical area does not require a disproportionate effort on the part of applicants to have access to a consulate , member states lacking their own consulate in that region or area shall endeavour to conclude representation arrangements with member states that have consulates in that region or area in order to combat discrimination between third - country nationals due to inequality of access to consular services . such agreements may also be concluded with the representation of an eu member state in a neighbouring country of the third country concerned if it is closer to the home of the applicant . ’


### in justified cases of urgency , the consulate may allow applicants to lodge their applications either without appointment , or an appointment shall be given immediately . ### in article 9 , paragraph 3 is amended ‘ in justified cases of urgency , the consulate may allow applicants to lodge their applications either without appointment , or an appointment shall be given immediately . in an electronic procedure , in the event of failure to reply within one month of the submission of the application , provision shall be made for a remedy to enable the application to be examined in any event . ’


### applicants shall appear in person when lodging an application for the collection of fingerprints , in accordance with article 13 , and . ; ### without prejudice to the provisions of articles 13 , 42 , 43 and 45 , applicants may lodge their applications in person or electronically .


### children from the age of six years and below the age of 12 years ; ### in article 15 , point is amended ‘ minors under the age of 18 years ; ’


### the service fee shall not exceed half of the amount of the visa fee set out in article 16 , irrespective of the possible reductions in or exemptions from the visa fee as provided for in article 16 , , and . ### in article 17 , paragraph 4 is amended ‘ 4 . the service fee may not under any circumstances exceed half of the amount of the visa fee . ’


### where the competent consulate finds that the conditions referred to in paragraph 1 have not been fulfilled , the application shall be inadmissible and the consulate shall without delay : –return the application form and any documents submitted by the applicant , –destroy the collected biometric data , –reimburse the visa fee , and –not examine the application . ### in article 19 , paragraph 3 is amended ‘ 3 . where the competent consulate finds that the conditions referred to in paragraph 1 have not been fulfilled , it shall notify the applicant , indicate the deficiencies and allow the applicant to correct them . if the deficiencies are not corrected , the application shall be inadmissible and the consulate shall without delay : –return the application form and any documents submitted by the applicant , –destroy the collected biometric data , –reimburse the visa fee , and –not examine the application . ’


### during the examination of an application , consulates may in justified cases carry out an interview with the applicant and request additional documents . ; ### during the examination of an application , consulates may in justified cases invite the applicant for an interview .


### without prejudice to paragraph 2 , a multiple entry visa valid for up to five years may be issued to applicants who prove the need or justify their intention to travel frequently and / or regularly provided that they prove their integrity and reliability , in particular the lawful use of previous visas , their economic situation in the country of origin and their genuine intention to leave the territory of the member states before the expiry of the visa for which they have applied . ### without prejudice to paragraph 2 , a multiple entry visa valid for up to five years may be issued to applicants who prove the need or justify their intention to travel frequently , in particular the lawful use of previous visas .


### where necessary on the basis of the assessment referred to in paragraph 2b , the commission shall by means of implementing acts adopt the rules regarding the condition for the issuing of multiple - entry visas laid down in paragraph 2 to be applied in each jurisdiction in order to take account of local circumstances , of the migratory and security risks and of the cooperation of the third country in question on readmission of irregular migrants in the light of the indicators set out in article 25a , and of its overall relation with the union . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 52 . ; ### where necessary on the basis of the assessment referred to in paragraph 2b , the commission shall by means of delegated acts adopt the rules regarding the condition for the issuing of multiple - entry visas laid down in paragraph 2 to be applied in each jurisdiction in order to take account of local circumstances .


### does not provide proof of holding adequate and valid travel medical insurance , where applicable ; ### in article 32 , paragraph 1 , point is deleted


### a decision on annulment or revocation of a visa and the reasons on which it is based shall be notified to the applicant by means of the standard form set out in annex vi . ### in article 34 , paragraph 6 is amended ‘ 6 . a decision on annulment or revocation of a visa and the reasons on which it is based shall be notified to the applicant as soon as possible in a language which the applicant understands or may reasonably be supposed to understand by means of the standard form set out in annex vi . ’


### a visa holder whose visa has been annulled or revoked shall have the right to appeal , unless the visa was revoked at his request in accordance with paragraph 3 . appeals shall be conducted against the member state that has taken the decision on the annulment or revocation and in accordance with the national law of that member state . member states shall provide applicants with information regarding the procedure to be followed in the event of an appeal , as specified in annex vi . ### in article 34 , paragraph 7 is amended ‘ 7 . a visa holder whose visa has been annulled or revoked shall have the right to appeal , unless the visa was revoked at his request in accordance with paragraph 3 . appeals shall be conducted against the member state that has taken the decision on the annulment or revocation and in accordance with the national law of that member state . member states shall provide applicants with information regarding the procedure to be followed in the event of an appeal , as specified in annex vi . if the recipient of an annulled visa is already present on the territory of a member state , no return decision may be taken until the appeal period is exhausted or the final decision on the appeal has been duly notified to the recipient . ’


### the storage and handling of visa stickers shall be subject to adequate security measures to avoid fraud or loss . each consulate shall keep an account of its stock of visa stickers and register how each visa sticker has been used . ### in article 37 , paragraph 2 is amended ‘ 2 . the storage and handling of visa stickers shall be subject to adequate security measures to avoid fraud or loss . each consulate shall keep an account of its stock of visa stickers and register how each visa sticker has been used . any fraud or major loss must be reported to the commission . ’


### member states ' consulates shall ensure that applicants are received courteously . ### in article 39 , paragraph 1 is amended ‘ 1 . member states’ consulates shall ensure that applicants are received courteously . the arrangements for the reception of applicants and for processing their applications should duly respect fundamental rights , as referred to in the charter of fundamental rights of the european union and the convention for the protection of human rights and fundamental freedoms . visa applications should be processed on a non - discriminatory basis and in a professional manner which respects applicants . ’


### while performing their tasks , consular staff shall not discriminate against persons on grounds of sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . ### in article 39 , paragraph 3 is amended ‘ 3 . while performing their tasks , consular staff shall not discriminate against persons on grounds of nationality , sex , gender , family status , origin , actual or assumed religion , belief , disability , age or sexual orientation . ’


### member states shall be responsible for compliance with the rules on the protection of personal data and ensure that the external service provider is subject to the monitoring by the data protection supervisory authorities pursuant to article 51 of regulation 2016 / 679 . ### the member state concerned shall still be responsible for compliance with the rules , including with regard to respect for fundamental rights , and in particular the principle of non - discrimination and the protection of personal data , and shall ensure that the external service provider is subject to the monitoring by the data protection supervisory authorities pursuant to article 51 of regulation 2016 / 679 .


### trends in refusals ; ### trends in refusals and the reasons therefor ;


### article 49 arrangements in relation to the olympic games and paralympic games member states hosting the olympic games and paralympic games shall apply the specific procedures and conditions facilitating the issuing of visas set out in annex xi . ### article 49 is amended ‘ article 49 arrangements in relation to high - level international sporting competitions member states hosting high - level international sporting competitions shall apply the specific procedures and conditions facilitating the issuing of visas set out in annex xi . ’


### delegated acts adopted under this article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2 . the notification of a delegated act to the european parliament and to the council shall state the reasons for the use of the urgency procedure . ### delegated acts adopted under this article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2 . the notification of a delegated act to the european parliament and to the council shall be forwarded simultaneously and without delay and shall state the reasons for the use of the urgency procedure .


### annex xi specific procedures and conditions facilitating the issuing of visas to members of the olympic family participating in the olympic games and paralympic games ### ‘ annex xi specific procedures and conditions facilitating the issuing of visas to members of the sporting family participating in high - level sporting competitions’


### the union is committed to a sustainable , competitive , secure and decarbonised energy system19 . the energy union and the energy and climate policy framework for 2020 to 203020 establish ambitious commitments for the union to further reduce greenhouse gas emissions by at least 40 % by 2030 as compared with 1990 , to increase the proportion of renewable energy consumed by at least 27 % , to make energy savings of at least 27 % , and to improve the union ' s energy security , competitiveness and sustainability . _________________ 19 european council conclusions of 24 october 2014 . 20 commission communication on a policy framework for climate and energy from 2020 to 2030 0013 ) ### the union is committed to a sustainable , competitive , secure and decarbonised energy system19 . the energy union and the energy and climate policy framework for 2020 to 203020 establish ambitious commitments for the union to further reduce greenhouse gas emissions by at least 40 % by 2030 as compared with 1990 , to increase the proportion of renewable energy consumed by at least 35 % , to make energy savings of at least 35 % , and to improve the union ' s energy security , competitiveness and sustainability . _________________ 19 european council conclusions of 24 october 2014 . 20 commission communication on a policy framework for climate and energy from 2020 to 2030 0013 ) amended by the european parliament in its first reading of 17 january 2018 .


### in its european strategy for low - emission mobility21 the commission announced that in order to meet the union ' s commitments at the 21st conference of the parties to the united nations framework convention on climate change held in paris in 2015 , the decarbonisation of the transport sector must be accelerated and that therefore greenhouse gas emissions and air pollutant emissions from transport should be firmly on the path towards zero - emission by mid - century . moreover , emissions of air pollutants from transport that are harmful to health need to be significantly reduced without delay . this can be achieved by an array of policy initiatives , including the use of public procurement of clean vehicles . _________________ 21 com 501 final . ### in its european strategy for low - emission mobility21 the commission announced that in order to meet the union ' s commitments at the 21st conference of the parties to the united nations framework convention on climate change held in paris in 2015 , the decarbonisation of the transport sector must be accelerated and that therefore greenhouse gas emissions and air pollutant emissions from transport should be net zero by mid - century at the latest . moreover , emissions of air pollutants from transport that are harmful to health need to be significantly reduced without delay . this can be achieved by an array of policy initiatives , including the use of public procurement of clean vehicles . _________________ 21 com 501 final .


### as was announced in the commission ' s communication “europe on the move : an agenda for a socially fair transition towards clean , competitive and connected mobility for all ' 23 this proposal forms part of a second package of proposals , which will contribute to the union ' s drive towards low - emission mobility . this package , which is presented in the commission ' s communication ' delivering on low - emission mobility - a european union that protects the planet , empowers its consumers , and defends its industry and workers ' includes a combination of supply - and demand - oriented measures to put the eu on a path towards low - emission mobility and at the same time strengthen the competitiveness of the eu ' s mobility eco - system . _________________ 23 com 283 final . ### as was announced in the commission ' s communication “europe on the move : an agenda for a socially fair transition towards clean , competitive and connected mobility for all ' 23 this proposal forms part of a second package of proposals , which will contribute to the union ' s drive towards low - emission mobility . this package , which is presented in the commission ' s communication ' delivering on low - emission mobility - a european union that protects the planet , empowers its consumers , and defends its industry and workers ' includes a combination of supply - and demand - oriented measures to put the eu on a path towards low - emission mobility and at the same time strengthen the competitiveness of the eu ' s mobility eco - system . the promotion of sustainable vehicles should be done in parallel with the further development of public transport , as the fastest and most cost - efficient way to reduce the number of vehicles on the road and consequently to improve air quality and reduce emissions . _________________ 23 com 283 final .


### public authorities , through their procurement policy , can establish and support markets for innovative goods and services . directives 2014 / 24 / eu24 and 2014 / 25 / eu25 set out minimum harmonised public procurement rules harmonising the way public authorities and certain public utility operators purchase goods , works and services . in particular , they set overall thresholds for the volume of contracts to be subject to union legislation , which also apply to the clean vehicles directive . _________________ 24 oj l 94 , 28 . 3 . 2014 , p . 65 - 242 . 25 oj l 94 , 28 . 3 . 2014 , p . 243 – 374 . ### public authorities , through their procurement policy for new vehicles and for the retrofitting of existing ones , can establish and support markets for innovative goods and services . directives 2014 / 24 / eu24 and 2014 / 25 / eu25 set out minimum harmonised public procurement rules harmonising the way public authorities and certain public utility operators purchase goods , works and services . in particular , they set overall thresholds for the volume of contracts to be subject to union legislation , which also apply to the clean vehicles directive . _________________ 24 oj l 94 , 28 . 3 . 2014 , p . 65 - 242 . 25 oj l 94 , 28 . 3 . 2014 , p . 243 – 374 .


### extending the scope of the directive by including practices such as lease , rental and hire - purchase of vehicles , as well as contracts for public road transport services , special purpose road transport passenger services , non - scheduled passenger transport and hire of buses and coaches with drivers as well as specific postal and courier services and waste refusal services ensures that all relevant procurement practices are covered . ### extending the scope of the directive by including practices such as lease , rental , hire - purchase and retrofitting of vehicles , as well as contracts for public road transport services , special purpose road transport passenger services , non - scheduled passenger transport and hire of buses and coaches with drivers as well as specific postal and courier services , waste refusal services and construction and excavation machinery ensures that all relevant procurement practices are covered .


### reporting on public procurement under this amended directive should provide a clear market overview to enable effective monitoring of the implementation . it should start with an intermediate report in 2023 and continue with a first full report on the implementation of the minimum targets in 2026 and thereafter every three years . to minimise administrative burden on single public bodies and establish an effective market overview , simple reporting should be facilitated . the commission will ensure full reporting for low - and zero - emission and other alternative - fuel vehicles within the context of the common procurement vocabulary of the union . specific codes in the common procurement vocabulary will help the registration and monitoring under the tender electronic daily database . ### reporting on public procurement under this amended directive should provide a clear market overview to enable effective monitoring of the implementation . it should start with an intermediate report in 2022 and continue with a first full report on the implementation of the minimum targets in 2025 and thereafter every three years . to minimise administrative burden on single public bodies and establish an effective market overview , simple reporting should be facilitated . the commission will ensure full reporting for low - and zero - emission and other alternative - fuel vehicles within the context of the common procurement vocabulary of the union . specific codes in the common procurement vocabulary will help the registration and monitoring under the tender electronic daily database .


### directive 2009 / 33 / eu on the promotion of clean road transport vehicles in support of low - emission mobility ### directive 2009 / 33 / eu on the promotion of low - emission road transport vehicles in support of mobility in sustainable public procurement


### this directive shall apply to contracts for the purchase , lease , rent or hire - purchase of road transport vehicles by : ### this directive shall apply to contracts for the purchase , lease , rent , hire - purchase or retrofitting of road transport vehicles by :


### a vehicle of category m1 or m2 with a maximum tail - pipe emission expressed in co2g / km and real driving pollutant emissions below a percentage of the applicable emission limits as referred to in table 2 in the annex , or ; ### a vehicle of category m1 , m2 , m3 , n1 , n2 or n3 type - approved for use of electricity , hydrogen , natural gas including biomethane , in gaseous form ) and liquefied form , synthetic and paraffinic fuels , and sustainable pure and high - blend biofuels ;


### a vehicle of category m1 or m2 with a maximum tail - pipe emission expressed in co2g / km and real driving pollutant emissions below a percentage of the applicable emission limits as referred to in table 2 in the annex , or ; ### a vehicle of category l , m1 or m2 with a maximum tail - pipe emission expressed in co2g / km and real driving pollutant emissions below a percentage of the applicable emission limits as referred to in table 2 in the annex , or ;


### member state authorities may apply higher minimum mandates than those referred to in the annex of this directive . ### member state authorities may apply higher minimum mandates than those referred to in the annex of this directive . member state authorities may also apply lower mandates if justified taking into account national or regional circumstances , such as distances and topological and climatic conditions , or ability to achieve same environmental results with other solutions that are proven to have better cost - efficiency .


### member states shall submit to the commission a report on the implementation of this directive by 1 january 2026 , and every three years thereafter . member states shall submit to the commission an intermediate report by 1 january 2023 . that report shall contain information on the steps undertaken to implement this directive , including on the number and the categories of vehicles procured by authorities and entities , on the dialogue carried out between the different levels of governance , information on member states ' intentions regarding the above reporting activities , as well as any other valuable information . information’s should follow the categories contained in regulation no 2195 / 2002 on the common procurement vocabulary 31 as noted in the annex . _________________ 31 oj l 340 , 16 . 12 . 2002 , p . 1 , ### member states shall submit to the commission a report on the implementation of this directive by 1 january 2022 , and every three years thereafter . member states shall submit to the commission an intermediate report by 1 january 2022 . that report shall contain information on the steps undertaken to implement this directive , including on the number and the categories of vehicles procured by authorities and entities , on the dialogue carried out between the different levels of governance , information on member states ' intentions regarding the above reporting activities , as well as any other valuable information . information’s should follow the categories contained in regulation no 2195 / 2002 on the common procurement vocabulary 31 as noted in the annex . _________________ 31 oj l 340 , 16 . 12 . 2002 , p . 1 ,


### cpv code 60112000 - 6 60130000 - 8 60140000 - 1 60172000 - 3 90511000 - 2 60160000 - 7 60161000 - 4 cpv code 60112000 - 6 60130000 - 8 60140000 - 1 60172000 - 3 90511000 - 2 60160000 - 7 60161000 - 4 64121100 - 1 64121200 - 2 60120000 - 5 60170000 - 0 60171000 - 7 60181000 - 0 60180000 - 3 90511100 - 3 90511200 - 4 90511300 - 5 90511400 - 6 43211000 - 5 43260000 - 3 43262000 - 7 43300000 - 6 ### description public road transport services special - purpose road passenger - transport services non - scheduled passenger transport hire of buses and coaches with driver refuse collection services mail transport by road parcel transport services description public road transport services special - purpose road passenger - transport services non - scheduled passenger transport hire of buses and coaches with driver refuse collection services mail transport by road parcel transport services mail delivery services parcel delivery services taxi services hire of passenger transport vehicles with driver hire of passenger cars with driver hire of trucks with driver hire of goods - transport vehicles with driver urban solid - refuse collection services household - refuse collection services litter collection services paper collecting services bulldozers mechanical shovels , excavators and shovel loaders , and mining machinery excavating machinery construction machinery and equipment


### the economic impact of the measure , including a cost - benefit analysis with particular regard to the degree of competition in the market and the quality of the service provided , as well as the impact on the right to work and on the free movement of persons and services within the union should be duly taken into account by the competent authorities . based on this analysis , member states should ascertain , in particular , whether the extent of the restriction of access to or pursuit of regulated professions within the union is proportionate to the importance of the objectives pursued and the expected gains . ### the economic impact of the measure , including a cost - benefit analysis with particular regard to the degree of competition in the market and the quality of the service provided , as well as the impact on the right to work and on the free movement of persons and services within the union should be duly taken into account by the competent authorities ; however , none of those prerogatives should supersede public safety , which has to remain paramount . based on this analysis , member states should ascertain , in particular , whether the extent of the restriction of access to or pursuit of regulated professions within the union is proportionate to the importance of the objectives pursued and the expected gains .


### member states shall ensure that legislative , regulatory or administrative provisions restricting access to or pursuit of regulated professions they intend to introduce and amendments they intend to make to existing provisions are justified by public interest objectives . ### member states shall ensure that legislative , regulatory or administrative provisions restricting access to or pursuit of regulated professions they intend to introduce and amendments they intend to make to existing provisions are justified by public interest objectives , including the objective of public health and safety .


### the relevant competent authorities shall consider in particular whether those provisions are objectively justified on the basis of public policy , public security or public health , or by overriding reasons in the public interest , such as preserving the financial equilibrium of the social security system , the protection of consumers , recipients of services and workers , the safeguarding of the proper administration of justice , fairness of trade transactions , combating fraud and prevention of tax evasion and avoidance , road safety , the protection of the environment and the urban environment , the health of animals , intellectual property , the safeguarding and conservation of the national historic and artistic heritage , social policy objectives and cultural policy objectives . ### the relevant competent authorities shall consider in particular whether those provisions are objectively justified on the basis of public policy , public security or public health , or by overriding reasons in the public interest , such as preserving the financial equilibrium of the social security system , the viability of national publicly funded health systems , the protection of consumers , recipients of services and workers , the safeguarding of the proper administration of justice , fairness of trade transactions , combating fraud and prevention of tax evasion and avoidance , road safety , the protection of the environment and the urban environment , the health of animals , intellectual property , the safeguarding and conservation of the national historic and artistic heritage , social policy objectives and cultural policy objectives .


### the nature of the risks related to the public interest objectives pursued , in particular the risks to consumers , to professionals or third parties ; ### the nature of the risks related to the public interest objectives pursued , in particular the risks to consumers , to professionals or third parties , and the risk to public health and safety ;


### member states shall , by appropriate means , inform citizens , service recipients , representative associations and relevant stakeholders other than the members of the profession before introducing new legislative , regulatory or administrative provisions restricting access to or pursuit of regulated professions , or amending existing ones , and give them the opportunity to make known their views . ### member states shall , by appropriate means , inform citizens , social partners , service recipients , representative associations and relevant stakeholders other than the members of the profession before introducing new legislative , regulatory or administrative provisions restricting access to or pursuit of regulated professions , or amending existing ones , and give them the opportunity to make known their views .


### the eib and the eif should ensure that the final beneficiaries , including smes , are informed of the existence of efsi support , so as to enhance the visibility of the eu guarantee granted under regulation 2015 / 1017 . ### the eib and the eif should ensure that the final beneficiaries , especially smes , are informed through a targeted advertising campaign of the existence of efsi support , so as to enhance the visibility of the eu guarantee granted under regulation 2015 / 1017 .


### the operations supported by the efsi should adhere to the union ' s principles of tax good governance . ### the operations supported by the efsi should adhere in every aspect to the union ' s principles of good tax governance .


### in addition , it shall , by 31 may of each year , submit to the european parliament , to the council and to the court of auditors an annual report on the management of the guarantee fund in the previous calendar year . the annual report shall contain the presentation of the financial position of the guarantee fund at the end of the previous calendar year , the financial flows during the previous calendar year as well as the significant transactions and any relevant information on the financial accounts . the report shall also include information about the financial management and performance and the risk of the guarantee fund at the end of the previous calendar year . ### in addition , it shall , by 31 may of each year , submit to the european parliament , to the council and to the court of auditors an annual report on the management of the guarantee fund in the previous calendar year . the annual report shall contain the presentation of the financial position of the guarantee fund at the end of the previous calendar year , the financial flows during the previous calendar year as well as the significant transactions and any relevant information on the financial accounts . the report shall also contain a performance record of the fund’s contribution to the goal of the external investment plan in the context of the european agenda on migration , namely to tackle the root causes of migration , while contributing to the achievement of other development goals . the report shall also include information about the financial management and performance and the risk of the guarantee fund at the end of the previous calendar year .


### applicants shall pay a visa fee of eur 80 . ### applicants shall pay a visa fee of eur 60 .


### children from the age of six years and below the age of 12 years shall pay a visa fee of eur 40 . ; ### children from the age of six years and below the age of 12 years shall pay a visa fee of eur 35 . ;


### if the authority becomes aware of a decision of a supervisory authority within the meaning of point 21 of article 4 of regulation 2016 / 679 of the european parliament and of the council17 finding that a natural or legal person has infringed applicable rules on the protection of personal data and if it follows from that decision , or where there are otherwise reasonable grounds to believe , that the infringement is linked to political activities by a european political party or a european political foundation in the context of elections to the european parliament , the authority shall refer this matter to the committee of independent eminent persons established by article 11 . the committee shall give an opinion as to whether the european political party or the european political foundation concerned has deliberately influenced or attempted to influence the outcome of elections to the european parliament by taking advantage of that infringement . the authority shall request the opinion without undue delay and no later than 1 month after the decision of the supervisory authority . the committee shall deliver its opinion within a short , reasonable deadline set by the authority . _________________ 17 regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec , . ### if there are reasonable grounds to believe , inter alia because of a decision of a supervisory authority within the meaning of point 21of article 4 of regulation 2016 / 679 of the european parliament and of the council , that the activities of a european political party or a european political foundation amount to an unfair attempt to manipulate the outcome of the european elections , as described in a foreseeable manner by the european parliament , the authority shall refer this matter to the committee of independent eminent persons established by article 11 . the committee shall give an opinion as to whether the european political party or the european political foundation concerned has deliberately manipulated or attempted to manipulate the outcome of elections . the authority shall request the opinion without undue delay and no later than 1 month after the decision of the supervisory authority . the committee shall deliver its opinion within a short , reasonable deadline set by the authority .


### with 1 . 8% of eu gdp , down from 2 . 2% in 2009 , infrastructure investment activities in the union in 2016 were about 20% below investment rates before the global financial crisis . thus , while a recovery in investment - to - gdp ratios in the union can be observed , it remains below what might be expected in a strong recovery period and is insufficient to compensate years of underinvestment . more importantly , the current investment levels and forecasts do not cover the union ' s structural investment needs in the face of technological change and global competitiveness , including for innovation , skills , infrastructure , small and medium - sized enterprises and the need to address key societal challenges such as sustainability or population ageing . consequently , continued support is necessary to address market failures and sub - optimal investment situations to reduce the investment gap in targeted sectors to achieve the union ' s policy objectives . ### with 1 . 8% of eu gdp , down from 2 . 2% in 2009 , infrastructure investment activities in the union in 2016 were about 20% below investment rates before the global financial crisis . thus , while a recovery in investment - to - gdp ratios in the union can be observed , it remains below what might be expected in a strong recovery period and is insufficient to compensate years of underinvestment . according to the most recent data on national accounts , there no indication of a significant surge in investment since the european fund for strategic investments was launched , while growth is unevenly distributed among member states and mainly export led . more importantly , the current investment levels and forecasts do not cover the union ' s structural investment needs in the face of technological change and global competitiveness , including for innovation , skills , infrastructure , small and medium - sized enterprises and the need to address key societal challenges such as sustainability or population ageing . consequently , continued support is necessary to address market failures and sub - optimal investment situations to reduce the investment gap .


### in the last years , the union has adopted ambitious strategies to complete the single market and to stimulate sustainable growth and jobs , such as the capital markets union , the digital single market strategy , the clean energy for all europeans package , the union action plan for the circular economy , the low - emission mobility strategy , the defence and the space strategy for europe . the investeu fund should exploit and reinforce synergies between those mutually reinforcing strategies through providing support to investment and access to financing . ### in the last years , the union has adopted strategies to complete the single market and to stimulate sustainable growth and jobs . the investeu fund should exploit and reinforce synergies between those strategies through providing support to investment and access to financing .


### the investeu fund should contribute to improving the competitiveness of the union , including in the field of innovation and digitisation , the sustainability of the union ' s economic growth , the social resilience and inclusiveness and the integration of the union capital markets , including solutions addressing their fragmentation and diversifying sources of financing for the union enterprises . to that end , it should support projects that are technically and economically viable by providing a framework for the use of debt , risk sharing and equity instruments underpinned by a guarantee from the union ' s budget and by contributions from implementing partners . it should be demand - driven while support under the investeu fund should at the same time focus on contributing to meeting policy objectives of the union . ### the investeu fund should be geared to social , economic and territorial cohesion and be capable of helping to increase aggregate demand and carry out investment in public infrastructure , which may subsequently leverage and boost private investment . only a plan of this nature can be effective in reviving growth , fighting unemployment and combating social , economic and territorial inequalities . to that end , it should favour projects that are technically and economically viable by providing a framework for the use of debt , risk sharing and equity instruments underpinned by a guarantee from the union ' s budget and by contributions from implementing partners and to encourage social and regional cohesion through the creation of quality jobs and the broadening and improvement of the productive base of member states , especially those facing severe economic imbalances , suffering from austerity measures and undergoing violent structural adjustments ;


### low infrastructure investment rates in the union during the financial crisis undermined the union ' s ability to boost sustainable growth , competitiveness and convergence . sizeable investments in the european infrastructure are fundamental to meet the union ' s sustainability targets , including the 2030 energy and climate targets . accordingly , support from the investeu fund should target investments into transport , energy , including energy efficiency and renewable energy , environmental , climate action , maritime and digital infrastructure . to maximise the impact and the value added of union financing support , it is appropriate to promote a streamlined investment process enabling visibility of the project pipeline and consistency across relevant union programmes . bearing in mind security threats , investment projects receiving union support should take into account principles for the protection of citizens in public spaces . this should be complementary to the efforts made by other union funds such as the european regional development fund providing support for security components of investments in public spaces , transport , energy and other critical infrastructure . ### low infrastructure investment rates in the union during the financial crisis undermined the union ' s ability to boost sustainable growth , competitiveness and convergence . sizeable investments in the european infrastructure are fundamental to meet the union ' s sustainability targets , including the 2030 energy and climate targets as well as the eu 2050 commitment to reduce greenhouse gas emissions by 80 - 95% . accordingly , support from the investeu fund should target investments into transport , energy , including energy efficiency and renewable energy , environmental , climate action , maritime and digital infrastructure . to maximise the impact and the value added of union financing support , it is appropriate to promote a streamlined investment process enabling visibility of the project pipeline and consistency across relevant union programmes . bearing in mind security threats , investment projects receiving union support should take into account principles for the protection of citizens in public spaces . this should be complementary to the efforts made by other union funds such as the european regional development fund providing support for security components of investments in public spaces , transport , energy and other critical infrastructure .


### small and medium - sized enterprises play a crucial role in the union . however , they face challenges when accessing finance because of their perceived high risk and lack of sufficient collateral . additional challenges arise from smes ' need to stay competitive by engaging in digitisation , internationalisation and innovation activities and skilling up their workforce . moreover , compared to larger enterprises , they have access to a more limited set of financing sources : they typically do not issue bonds , have only limited access to stock exchanges or large institutional investors . the challenge in accessing finance is even greater for those smes whose activities focus on intangible assets . smes in the union rely heavily on banks and debt financing in the form of bank overdrafts , bank loans or leasing . supporting smes that face the above challenges and providing more diversified sources of funding is necessary for increasing the ability of smes to finance their creation , growth and development , withstand economic downturns , and for making the economy and the financial system more resilient during economic downturn or shocks . this is also complementary to the initiatives already undertaken in the context of the capital markets union . the investeu fund should provide an opportunity to focus on specific , more targeted financial products . ### small and medium - sized enterprises play a crucial role in the union . however , they face challenges when accessing finance because of their perceived high risk and lack of sufficient collateral . additional challenges arise from smes ' need to stay competitive by engaging in digitisation , internationalisation and innovation activities and skilling up their workforce . moreover , compared to larger enterprises , they have access to a more limited set of financing sources : they typically do not issue bonds , have only limited access to stock exchanges or large institutional investors . the challenge in accessing finance is even greater for those smes whose activities focus on intangible assets . smes in the union rely heavily on banks and debt financing in the form of bank overdrafts , bank loans or leasing . supporting smes that face the above challenges and providing more diversified sources of funding is necessary for increasing the ability of smes to finance their creation , growth and development , withstand economic downturns , and for making the economy and the financial system more resilient during economic downturn or shocks . particular attention should be paid to social enterprises . this is also complementary to the initiatives already undertaken in the context of the capital markets union . the investeu fund should provide an opportunity to focus on specific , more targeted financial products .


### the eu guarantee underpinning the investeu fund should be implemented indirectly by the commission relying on implementing partners with outreach to final recipients . a guarantee agreement allocating guarantee capacity from the investeu fund should be concluded by the commission with each implementing partner , to support its financing and investment operations meeting the investeu fund objectives and eligibility criteria . the investeu fund should be provided with a specific governance structure to ensure the appropriate use of the eu guarantee . ### the eu guarantee underpinning the investeu fund should be implemented indirectly by the commission relying on implementing partners with outreach to final recipients . a guarantee agreement allocating guarantee capacity from the investeu fund should be concluded by the commission with each implementing partner , to support its financing and investment operations meeting the investeu fund objectives and eligibility criteria . in order to improve transparency , efficiency , accountability and ensure the appropriate use of the eu guarantee , the investeu fund should be provided with a specific governance structure , completely separate from that of the eib group .


### in selecting implementing partners for the deployment of the investeu fund , the commission should consider the counterpart ' s capacity to fulfil the objectives of the investeu fund and contribute its own resources , in order to ensure adequate geographical coverage and diversification , to crowd - in private investors and to provide sufficient risk diversification as well as new solutions to address market failures and sub - optimal investment situations . given its role under the treaties , its capacity to operate in all member states and the existing experience under the current financial instruments and the efsi , the european investment bank group should remain a privileged implementing partner under the investeu fund ' s eu compartment . in addition to the eib group , national promotional banks or institutions should be able to offer a complementary financial product range given that their experience and capabilities at regional level could be beneficial for the maximisation of the impact of public funds on the territory of the union . moreover , it should be possible to have other international financial institutions as implementing partners , in particular when they present a comparative advantage in terms of specific expertise and experience in certain member states . it should also be possible for other entities fulfilling the criteria laid down in the financial regulation to act as implementing partners . ### in selecting implementing partners for the deployment of the investeu fund , the commission should consider the counterpart ' s capacity to fulfil the objectives of the investeu fund and contribute its own resources , in order to ensure adequate geographical coverage and diversification , to avoid disproportionate benefit to larger member states with more developed capital markets , to crowd - in private investors and to provide sufficient risk diversification as well as new solutions to address market failures and sub - optimal investment situations . given its role under the treaties , its capacity to operate in all member states and the existing experience under the current financial instruments and the efsi , the european investment bank group should remain a privileged implementing partner under the investeu fund ' s eu compartment . in addition to the eib group , national promotional banks or institutions should be able to offer a complementary financial product range given that their experience and capabilities at regional level could be beneficial for the maximisation of the impact of public funds on the territory of the union .


### in order to ensure that interventions under the eu compartment of the investeu fund focus on market failures and sub - optimal investment situations at union level , but , at the same time , satisfy the objectives of best possible geographic outreach , the eu guarantee should be allocated to implementing partners , which alone or together with other implementing partners , can cover at least three member states . however , it is expected that around 75 % of the eu guarantee under the eu compartment would be allocated to implementing partner or partners that can offer financial products under the investeu fund in all member states . ### in order to ensure that interventions of the investeu fund focus on market failures and sub - optimal investment situations at union level , but , at the same time , satisfy the objectives of best possible geographic outreach and avoid disproportionate benefit to larger member states with more developed capital markets , the eu guarantee should be allocated to implementing partners , which alone or together with other implementing partners , can cover at least three member states . however , it is expected that around 75 % of the eu guarantee under the eu compartment would be allocated to implementing partner or partners that can offer financial products under the investeu fund in all member states .


### in order to ensure a wide geographic outreach of the advisory services across the union and to successfully leverage local knowledge about the investeu fund , a local presence of the investeu advisory hub should be ensured , where needed , taking into account existing support schemes , with a view to provide tangible , proactive , tailor - made assistance on the ground . ### in order to ensure a wide geographic outreach of the advisory services across the union and to successfully leverage local knowledge about the investeu fund , a presence in each member state and in regions of the investeu advisory hub should be ensured , taking into account existing support schemes , with a view to provide tangible , proactive , tailor - made assistance on the ground .


### this regulation establishes the investeu fund providing for an eu guarantee for financing and investment operations carried out by the implementing partners in support of the union’s internal policies . ### this regulation establishes the investeu fund providing for an eu guarantee for financing and investment operations carried out by implementing partners .


### the competitiveness of the union , including innovation and digitisation ; ### social and regional cohesion , including innovation and digitisation ;


### for the eu compartment , the eligible counterparts shall have expressed their interest and shall be able to cover financing and investment operations in at least three member states . the implementing partners may also cover together financing and investment operations in at least three member states by forming a group . ### the eligible counterparts shall have expressed their interest and shall be able to cover financing and investment operations in at least three member states . the implementing partners may also cover together financing and investment operations in at least three member states by forming a group .


### achieves geographical diversification ; ### achieves geographical diversification by member state and by region ;


### conclusions of the investment committee approving the support of the eu guarantee to a financing or investment operation shall be publicly accessible and shall include the rationale for the approval . the publication shall not contain commercially sensitive information . ### conclusions of the investment committee approving the support of the eu guarantee to a financing or investment operation shall be publicly accessible and shall include the rationale for the approval , the criteria applied and the scoreboard of indicators . particular focus should be given on compliance with the additionality criterion .


### twice a year , the conclusions of the investment committee rejecting the use of the eu guarantee shall be transmitted to the european parliament and to the council , subject to strict confidentiality requirements . ### twice a year , the conclusions , the criteria applied and the scoreboard indicators related to the investment committee rejecting the use of the eu guarantee shall be transmitted to the european parliament and to the council , subject to strict confidentiality requirements .


### personal data which are , by their nature , particularly sensitive in relation to fundamental rights and freedoms merit specific protection as the context of their processing could create significant risks to the fundamental rights and freedoms . those personal data should include personal data revealing racial or ethnic origin , whereby the use of the term ‘ racial origin’ in this regulation does not imply an acceptance by the union of theories which attempt to determine the existence of separate human races . the processing of photographs should not systematically be considered to be processing of special categories of personal data as they are covered by the definition of biometric data only when processed through a specific technical means allowing the unique identification or authentication of a natural person . in addition to the specific requirements for processing of sensitive data , the general principles and other rules of this regulation should apply , in particular as regards the conditions for lawful processing . derogations from the general prohibition for processing such special categories of personal data should be explicitly provided , inter alia , where the data subject gives his or her explicit consent or in respect of specific needs in particular where the processing is carried out in the course of legitimate activities by certain associations or foundations the purpose of which is to permit the exercise of fundamental freedoms . ### personal data which are , by their nature , particularly sensitive in relation to fundamental rights and freedoms merit specific protection as the context of their processing could create significant risks to the fundamental rights and freedoms . such personal data should not be processed unless processing is allowed in specific cases as set out in this regulation . those personal data should include personal data revealing racial or ethnic origin , whereby the use of the term ‘ racial origin’ in this regulation does not imply an acceptance by the union of theories which attempt to determine the existence of separate human races . the processing of photographs should not systematically be considered to be processing of special categories of personal data as they are covered by the definition of biometric data only when processed through a specific technical means allowing the unique identification or authentication of a natural person . in addition to the specific requirements for processing of sensitive data , the general principles and other rules of this regulation should apply , in particular as regards the conditions for lawful processing . derogations from the general prohibition for processing such special categories of personal data should be explicitly provided , inter alia , where the data subject gives his or her explicit consent or in respect of specific needs in particular where the processing is carried out in the course of legitimate activities by certain associations or foundations the purpose of which is to permit the exercise of fundamental freedoms .


### legal acts adopted on the basis of the treaties or internal rules of union institutions and bodies may impose restrictions concerning specific principles and the rights of information , access to and rectification or erasure of personal data , the right to data portability , confidentiality of electronic communications as well as the communication of a personal data breach to a data subject and certain related obligations of the controllers , as far as necessary and proportionate in a democratic society to safeguard public security , the prevention , investigation and prosecution of criminal offences or the execution of criminal penalties , including the safeguarding against and the prevention of threats to public security , including the protection of human life especially in response to natural or manmade disasters , internal security of union institutions and bodies , other important objectives of general public interest of the union or of a member state , in particular an important economic or financial interest of the union or of a member state , the keeping of public registers kept for reasons of general public interest or the protection of the data subject or the rights and freedoms of others , including social protection , public health and humanitarian purposes . ### legal acts adopted on the basis of the treaties may impose restrictions concerning specific principles and the rights of information , access to and rectification or erasure of personal data , the right to data portability as well as the communication of a personal data breach to a data subject and certain related obligations of the controllers , as far as necessary and proportionate in a democratic society to safeguard public security , the prevention , investigation and prosecution of criminal offences or the execution of criminal penalties , including the safeguarding against and the prevention of threats to public security , including the protection of human life especially in response to natural or manmade disasters , internal security of union institutions and bodies , other important objectives of general public interest of the union or of a member state , in particular an important economic or financial interest of the union or of a member state , the keeping of public registers kept for reasons of general public interest or the protection of the data subject or the rights and freedoms of others , including social protection , public health and humanitarian purposes .


### accurate and , where necessary , kept up to date ; every reasonable step must be taken to ensure that data which are inaccurate or incomplete , having regard to the purposes for which they were collected or for which they are further processed , are erased or rectified without delay ; ### accurate and , where necessary , kept up to date ; every reasonable step must be taken to ensure that personal data which are inaccurate or incomplete , having regard to the purposes for which they are processed , are erased or rectified without delay ;


### legal acts adopted on the basis of the treaties or , in matters relating to the operation of the union institutions and bodies , internal rules laid down by the latter may restrict the application of articles 14 to 22 , 34 and 38 , as well as article 4 in so far as its provisions correspond to the rights and obligations provided for in articles 14 to 22 , when such a restriction respects the essence of the fundamental rights and freedoms and is a necessary and proportionate measure in a democratic society to safeguard : ### legal acts adopted on the basis of the treaties may restrict the application of articles 14 to 22 and 38 , as well as article 4 in so far as its provisions correspond to the rights and obligations provided for in articles 14 to 22 , when such a restriction respects the essence of the fundamental rights and freedoms and is a necessary and proportionate measure in a democratic society to safeguard :


### where personal data are processed for scientific or historical research purposes or statistical purposes , union law , which may include internal rules , may provide for derogations from the rights referred to in articles 17 , 18 , 20 and 23 subject to the conditions and safeguards referred to in article 13 in so far as such rights are likely to render impossible or seriously impair the achievement of the specific purposes , and such derogations are necessary for the fulfilment of those purposes . ### where personal data are processed for scientific or historical research purposes or statistical purposes , union law may provide for derogations from the rights referred to in articles 17 , 18 , 20 and 23 subject to the conditions and safeguards referred to in article 13 in so far as such rights are likely to render impossible or seriously impair the achievement of the specific purposes , and such derogations are necessary for the fulfilment of those purposes .


### where personal data are processed for archiving purposes in the public interest , union law , which may include internal rules , may provide for derogations from the rights referred to in articles 17 , 18 , 20 , 21 , 22 and 23 subject to the conditions and safeguards referred to in article 13 in so far as such rights are likely to render impossible or seriously impair the achievement of the specific purposes , and such derogations are necessary for the fulfilment of those purposes . ### where personal data are processed for archiving purposes in the public interest , union law may provide for derogations from the rights referred to in articles 17 , 18 , 20 , 21 , 22 and 23 subject to the conditions and safeguards referred to in article 13 in so far as such rights are likely to render impossible or seriously impair the achievement of the specific purposes , and such derogations are necessary for the fulfilment of those purposes .