### in respect of any digital content to the extent that it does not constitute personal data , which was uploaded or created by the consumer when using the digital content or digital service supplied by the trader the trader shall comply with the obligations and can exercise the rights provided under [ digital content directive ] . ### without prejudice to regulation 2016 / 679 , in respect of any digital content , which was uploaded or created by the consumer when using the digital content or digital service supplied by the trader the trader shall comply with the obligations and can exercise the rights provided under [ digital content directive ] .


### competent authorities should be in a position to open investigations on their own initiative if they become aware of intra - union infringements or widespread infringements by means other than consumer complaints . this is particularly necessary to ensure effective cooperation among competent authorities when addressing widespread infringements , ### competent authorities should be in a position to open investigations on their own initiative if they become aware of intra - union infringements or widespread infringements by means other than consumer complaints . this is particularly necessary to ensure effective cooperation among competent authorities when addressing widespread infringements , but also to support national jurisdictions when implementing council regulation 44 / 20011a , _________________ 1a council regulation no 44 / 2001 of 22 december 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters .


### competent authorities should have access to all necessary evidence , data and information to determine whether an intra - union infringement or widespread infringement has occurred , and in particular to identify the trader responsible , irrespective of who possesses this evidence , information or data , of where it is located and of its format . competent authorities should be able to directly request that third parties in the digital value chain provide all the evidence , data and information necessary , ### competent authorities should have access to all necessary evidence , data and information to determine whether an intra - union infringement or widespread infringement has occurred , and in particular to identify the trader responsible , irrespective of who possesses this evidence , information or data , of where it is located and of its format . competent authorities should be able to directly request that third parties in the digital value chain , including those located in non - eu countries , provide all the evidence , data and information necessary ; in the digital environment , particular attention should be brought to traders and services causing a widespread infringement of directive 95 / 46 / ec of the european parliament and of the council1a , directive 2002 / 58 / ec of the european parliament and of the council1b and of regulation 2016 / 679 of the european parliament and of the council1c , which could justify common action under article 21 , _________________ 1a directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data . 1b directive 2002 / 58 / ec of the european parliament and of the council of 12 july 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector . 1c 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 .


### in the digital environment in particular , the competent authorities should be able to stop infringements quickly and effectively , notably where the trader selling goods or services conceals its identity or relocates within the union or to a third country to avoid enforcement . in cases where there is a risk of serious and irreparable harm to consumers , the competent authorities should to be able to adopt interim measures to prevent such harm or reduce it , including , where necessary , the suspension of a website , domain or a similar digital site , service or account . furthermore , the competent authorities should have the power to take down or have a third party service provider take down a website , domain or a similar digital site , service or account , ### in the digital environment in particular , the competent authorities should be able to stop infringements quickly and effectively , notably where the trader selling goods or services conceals its identity or relocates within the union or to a third country to avoid enforcement . in cases where there is a risk of serious and irreparable harm to consumers , the competent authorities should to be able to adopt interim measures to prevent such harm or reduce it , including , where necessary , requesting hosting service providers to remove content , suspend a website , service or account , or requesting a domain registry or registrar to put a fully qualified domain name on hold for a specific period of time . furthermore , the competent authorities should have the power to request a hosting service provider to remove content , close down a website , service or account or a part of it , or request a registry or registrar to delete a fully qualified domain name . however , measures to remove content can be harmful to freedom of speech and information , but also ineffective as in the fast - moving digital environment content reappears as quickly as it was removed . therefore measures taken to restrict the online distribution , or otherwise making available , of content to the public should always be in line with the charter of fundamental rights of the european union , be limited to what is necessary and proportionate and executed on the basis of a prior judicial authorization ,


### this regulation respects fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union67 . accordingly this regulation should be interpreted and applied with respect to those rights and principles . when exercising the minimum powers set out in this regulation , the competent authorities should strike an appropriate balance between the interests protected by fundamental rights such as a high level of consumer protection , the freedom to conduct business and freedom of information . _________________ 67 oj c 364 , 18 . 12 . 2000 , p . 1 . ### this regulation respects fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union67 . accordingly this regulation should be interpreted and applied with respect to those rights and principles . when exercising the minimum powers set out in this regulation , the competent authorities should strike an appropriate balance between the interests protected by fundamental rights such as a high level of consumer protection , the freedom to conduct business , freedom of expression and freedom of information . _________________ 67 oj c 364 , 18 . 12 . 2000 , p . 1 .


### member states shall ensure that competent authorities and single liaison offices have the adequate resources necessary for the application of this regulation and for the effective use of their powers pursuant to article 8 , including sufficient budgetary and other resources , expertise , procedures and other arrangements . ### member states shall ensure that competent authorities and single liaison offices have the necessary and sufficient resources for the application of this regulation and for the effective use of their powers pursuant to article 8 , including budgetary and other resources , expertise , procedures and other arrangements .


### require the supply by any natural or legal person , including banks , internet service providers , domain registries and registrars and hosting service providers of any relevant information , data or document in any format or form and irrespective of the medium on which or the place where they are stored , for the purpose of among others identifying and following financial and data flows , or of ascertaining the identity of persons involved in financial and data flows , bank account information and ownership of websites ; ### require , in accordance with the rules of the eu on data protection , the supply by any natural or legal person , including banks , internet service providers , domain registries and registrars and hosting service providers of any relevant information , data or document in any format or form and irrespective of the medium on which or the place where they are stored , for the purpose of identifying and following financial and data flows , or of ascertaining the identity of persons involved in financial and data flows , bank account information and ownership of websites when the information , data or document in question is relevant for the investigation ;


### require any public authority , body or agency within the member state of the competent authority to supply any relevant information , data or document in any format or form and irrespective of the medium on which or the place where they are stored , for the purpose among others , of identifying and following of financial and data flows , or of ascertaining the identity of persons involved in financial and data flows , bank account information and ownership of websites ; ### require any public authority , body or agency within the member state of the competent authority to supply any relevant information , data or document in any format or form and irrespective of the medium on which or the place where they are stored , for the purpose of identifying and following financial and data flows , or of ascertaining the identity of persons involved in financial and data flows , bank account information and ownership of websites when the information , data or document in question is relevant for the investigation ;


### close down a website , domain or similar digital site , service or account or a part of it , including by requesting a third party or other public authority to implement such measures ; ### in the absence of an effective reaction within a reasonable time by the trader to a request in writing by the competent authorities of a cessation of an infringement , order a hosting service provider to close down a website , service or account or a part of it , order a domain registry or registrar to delete a fully qualified domain name and allow the competent authority concerned to register it ; close down a website , domain or similar digital site , service or account or a part of it provided that any measure taken , to restrict the online distribution , or otherwise making available , of content to the public is in line with the charter of fundamental rights , is limited to what is necessary and proportionate and executed on the basis of a prior judicial authorisation ,


### a requested authority shall , on request from an applicant authority , supply any relevant information required to establish whether an intra - union infringement has occurred and to bring about the cessation of that infringement . the requested authority shall notify the commission without delay of the request for information and of its reply . ### a requested authority shall , on request from an applicant authority , supply to the applicant authority without delay , and in any event within 14 days , any relevant information required to establish whether an intra - union infringement has occurred and to bring about the cessation of that infringement . the requested authority shall notify the commission without delay of the request for information and of its reply .


### a requested authority shall , on request from an applicant authority , take all necessary enforcement measures to bring about the cessation or prohibition of the intra - union infringement , including imposing penalties and ordering or facilitating the compensation of consumers for harm caused by the infringement . ### a requested authority shall without undue delay , on request from an applicant authority , take all necessary enforcement measures to bring about the cessation or prohibition of the intra - union infringement , including imposing penalties and ordering or facilitating the compensation of consumers for harm caused by the infringement .


### where appropriate and without prejudice to the rules on professional and commercial secrecy set out in article 41 , the competent authorities concerned may decide to publish the common position or parts of it on their websites and on the commission website and seek the views of other parties concerned . ### where appropriate and without prejudice to the rules on professional and commercial secrecy set out in article 41 , the competent authorities concerned shall publish the common position or parts of it on their websites and on the commission website and seek the views of consumer organisations and other parties concerned .


### where appropriate , and without prejudice to the rules on professional and commercial secrecy set out in article 41 , the competent authorities may decide to publish the common position or parts of it on their websites and on the commission website or where it is appropriate to seek the views of other parties concerned . ### where appropriate , and without prejudice to the rules on professional and commercial secrecy set out in article 41 , the competent authorities shall publish the common position or parts of it on their websites and on the commission website or where it is appropriate to seek the views of other parties concerned .


### the competent authorities concerned may designate one competent authority to take enforcement measures on behalf of the other competent authorities in order to bring about the cessation or to prohibit the widespread infringement , to ensure compensation of consumers or to impose penalties . when designating a competent authority to take enforcement measures the competent authorities shall take into consideration the location of the trader concerned . once the competent authority has been designated to take enforcement measures by the other competent authorities concerned , it shall become competent to act on behalf of the consumers of each such member state as if they were its own consumers . ### the competent authorities concerned may designate one competent authority to take enforcement measures on behalf of the other competent authorities in order to bring about the cessation or to prohibit the widespread infringement , to ensure compensation of consumers or to impose penalties . when designating a competent authority to take enforcement measures the competent authorities shall take into consideration the location of the infringement concerned . once the competent authority has been designated to take enforcement measures by the other competent authorities concerned , it shall become competent to act on behalf of the consumers of each such member state as if they were its own consumers .


### where there is a reasonable suspicion that a widespread infringement harmed , harms or is likely to harm consumers in at least three quarters of the member states accounting together for at least three quarters of the population of the union , the commission shall launch a common action . for that purpose the commission may request the necessary information or documents from the competent authorities . ### where there is a reasonable suspicion that a widespread infringement harmed , harms or is likely to harm consumers in a majority of the member states , the commission shall launch a common action . for that purpose the commission may request the necessary information or documents from the competent authorities .


### a competent authority may decline to take part in the common action for one of the following reasons : ### a competent authority may decline to take part in the common action if a final judgment or a final administrative decision has already been passed in respect of the same infringement against the same trader in that member state . however , the decision of the competent authority to decline to take part to such action has to be motivated .


### once a competent authority is designated to take enforcement measures by the other competent authorities concerned , it shall be competent to act on behalf of the consumers of each member state as if they were its own consumers . when designating a competent authority to take enforcement measures , the competent authorities shall take the location of the trader concerned into consideration . ### once a competent authority is designated to take enforcement measures by the other competent authorities concerned , it shall be competent to act on behalf of the consumers of each member state as if they were its own consumers . when designating a competent authority to take enforcement measures , the competent authorities shall take the location of the infringement concerned into consideration .


### the report shall contain an evaluation of the application of the regulation including an assessment of the effectiveness of enforcement of the laws that protect consumers ' interests under this regulation and an examination of , among others , how the compliance with the laws that protect consumers ' interests by traders has evolved in key consumer markets concerned by cross - border trade . ### the report shall contain an evaluation of the application of the regulation including an assessment of the effectiveness of enforcement of the laws that protect consumers ' interests under this regulation and an examination of , among others , how the compliance with the laws that protect consumers ' interests by traders has evolved in key consumer markets concerned by cross - border trade . the commission shall assess , in particular , the effectiveness of the following :


### the commission should be authorised to create and manage union trust funds for emergency , post - emergency or thematic actions not only in external actions but also in eu - internal actions . recent events in the european union show the need for increased flexibility for funding within the eu . as the boundaries between external and internal policies are increasingly blurred , this would also provide a tool for replying to cross - border challenges . it is necessary to specify the principles applicable to the contributions to union trust funds , to clarify the responsibilities of the financial actors and of the board of the trust fund . it is also necessary to define rules ensuring a fair representation of the participating donors in the board of the trust fund and a mandatory positive vote of the commission for the use of the funds . ### the commission should be authorised to create and manage union trust funds for emergency , post - emergency or thematic actions only in external actions . it is necessary to specify the principles applicable to the contributions to union trust funds , to clarify the responsibilities of the financial actors and of the board of the trust fund . it is also necessary to define rules ensuring a fair representation of the participating donors in the board of the trust fund and a mandatory positive vote of the commission for the use of the funds .


### in the case of operating grants , the grant agreement shall be signed within six months of the start of the beneficiary ' s financial year . costs eligible for financing may neither have been incurred before the grant application was submitted nor before the start of the beneficiary ' s financial year . ### in the case of operating grants , the grant agreement shall be signed within three months of the start of the beneficiary ' s financial year . costs eligible for financing may neither have been incurred before the grant application was submitted nor before the start of the beneficiary ' s financial year . the first instalment shall be paid to the beneficiary within two months after the signature of the grant agreement .


### trust funds ### trust funds for external actions


### financial reporting on the operations carried out by each trust fund shall be established twice every year by the authorising officer . ### financial reporting on the operations carried out by each trust fund shall be established twice every year by the authorising officer . in addition , the commission shall report at least every six months on the implementation of each trust fund according to qualitative criteria , such as the nature of projects and programmes supported , the selection procedures , geographical and thematic priorities , the supervision of intermediaries and how the trust fund contributes to the fulfillment of the objectives foreseen in the basic act of the union instruments contributing to its financing .


### the court of auditors shall transmit to the commission and the institutions concerned , by 15 june , any observations which are , in its opinion , such that they should appear in the annual report . those observations shall remain confidential and shall be subject to an adversarial procedure . each institution shall address its reply to the court of auditors by 15 october . the replies of institutions other than the commission shall be sent to the commission at the same time . ### the court of auditors shall transmit to the commission and the institutions concerned , by 30 june , any observations which are , in its opinion , such that they should appear in the annual report to enable the institution concerned to comment upon them . those observations shall remain confidential . each institution shall address its reply to the court of auditors by 15 october . the replies of institutions other than the commission shall be sent to the commission at the same time .


### the court of auditors shall transmit to the institution or the body concerned any observations which are , in its opinion , such that they should appear in a special report . those observations shall remain confidential and shall be subject to an adversarial procedure . ### the court of auditors shall transmit to the institution or the body concerned any observations which are , in its opinion , such that they should appear in a special report to enable the institution concerned to comment upon them . those observations shall remain confidential .


### the court of auditors shall take all necessary steps to ensure that the replies to its observations from each institution or body concerned are published next to or after each observation to which they relate , and publish the timeline for the drawing up of the special report . ### the court of auditors shall take all necessary steps to ensure that the replies to its observations from each institution or body concerned are published together with the special report .


### in article 105 , in paragraph 2 , the second sentence is deleted ; ### in article 105 , in paragraph 2 , the second sentence is replaced by the following : “the outputs and results of a joint action plan may give rise to reimbursement only if attained after the date of the decision of approval of the joint action plan referred to in article 107 and before the end of the implementation period defined in that decision . ”


### within the comprehensive framework of the fund , the financial assistance provided through the fund should in particular support police and judicial cooperation and prevention in the fields of serious and organised crime , illicit arms trafficking , corruption , money laundering , drug trafficking , environmental crime , exchange of and access to information , terrorism , trafficking in human beings , exploitation of illegal immigration , child sexual exploitation , distribution of child abuse images and child pornography , and cybercrime . the fund should also support the protection of people , public spaces and critical infrastructure against security - related incidents and the effective management of security - related risks and crises , including through the development of common policies , legislation and practical cooperation . ### within the comprehensive framework of the fund , the financial assistance provided through the fund should in particular support police and judicial cooperation and prevention in the fields of serious and organised crime , illicit arms trafficking , corruption , money laundering , drug trafficking , environmental crime , terrorism , trafficking in human beings , exploitation of irregular immigration , child sexual exploitation and abuse , distribution of child abuse images , and cybercrime . the fund should also support the protection of people , public spaces and critical infrastructure against security - related incidents and the effective management of security - related risks and crises , including through the development of common policies , legislation and practical cooperation .


### for the purpose of implementation of actions under shared management , the fund should form part of a coherent framework consisting of this regulation , the financial regulation and the common provisions regulation no x18 . __________________ 18 full reference ### for the purpose of implementation of actions under shared management , the fund should form part of a coherent framework consisting of this regulation , the financial regulation and the common provisions regulation no x18 . in the event of conflicting provisions , regulation no x [ cpr ] should take precedence over this regulation . __________________ 18 full reference


### ‘ cybercrime’ means cyber - dependent crimes , that is to say crimes that can be committed only through the use of information and communications technology devices and systems , where the devices and systems are either tools for committing the crime or the primary targets of the crime ; and cyber - enabled crimes , that is to say traditional crimes , such as child sexual exploitation , which can be increased in scale or reach by the use of computers , computer networks or other forms of ict ; ### ‘ cybercrime’ means crimes that can be committed only through the use of information and communications technology devices and systems , where the devices and systems are either tools for committing the crime or the primary targets of the crime ;


### the fund shall provide financial assistance to address urgent and specific needs in the event of an emergency situation resulting from a security - related incident or newly emerging threat within the scope of this regulation which has or may have a significant adverse impact on the security of people in one or more member states ; ### the fund shall provide financial assistance to address urgent and specific needs in the event of an emergency situation resulting from a security - related incident , newly emerging threat or newly detected vulnerability within the scope of this regulation which has or may have a significant adverse impact on the security of people , public places or critical infrastructure in one or more member states ;


### the complementarity between the actions supported by the fund and support provided by other union funds , in particular those in or in relation to third countries ; ### the complementarity between the actions supported by the fund and support provided by other union funds , in particular those in or in relation to third countries that are members of the european free trade area ;


### number of critical infrastructures and public spaces of which the protection against security - related incidents has been improved with the help of the fund . ### number of public spaces and scale of critical infrastructures which the protection against security - related incidents has been improved with the help of the fund .


### number of critical infrastructures and public spaces of which the protection against security - related incidents has been improved with the help of the fund . ### number of public spaces and scale of critical infrastructures of which the protection against security - related incidents has been improved with the help of the fund .


### number of new connections between security - relevant databases made with support of the fund : ### number of new connections of competent authorities to security - relevant databases made with support of the fund :


### different operators are active in the food supply chain at the stages of production , processing , marketing , distribution and retail of food products . the chain is by far the most important channel for bringing food products from “farm to fork” . those operators trade food products , that is to say primary agricultural products , including fishery and aquaculture products , as listed in annex i to the treaty for use as food , and other food products not listed in that annex but processed from agricultural products for use as food . ### different operators are active in the agricultural and food supply chain at the stages of production , processing , importing , exporting , marketing , distribution , retail and sale to final consumers of agri - food products . the chain is by far the most important channel for bringing agri - food products from “farm to fork” . those operators trade agricultural and food products , that is to say primary agricultural products , including fishery and aquaculture products , as listed in annex i to the treaty for use as food , and other food products not listed in that annex but processed from agricultural products for use as food .


### the number and size of operators vary across the different stages of the food supply chain . differences in bargaining power relate to the different levels of concentration of operators and can enable the unfair exercise of bargaining power by using unfair trading practices . unfair trading practices are in particular harmful for small and medium - sized operators in the food supply chain . agricultural producers , who supply primary agricultural products , are largely small and medium - sized . ### the number and size of operators vary across the different stages of the agricultural and food supply chain . differences in bargaining power relate to the different levels of concentration of operators and can enable the unfair exercise of bargaining power by using unfair trading practices . unfair trading practices are in particular harmful for small and medium - sized operators in the food supply chain , both inside and outside of the union . agricultural producers , who supply primary agricultural products , are often small and medium - sized actors in the agricultural and food supply chain .


### a minimum union standard of protection against certain manifestly unfair trading practices should be introduced to reduce the occurrence of such practices and to contribute to ensuring a fair standard of living for agricultural producers . it should benefit all agricultural producers or any natural or legal person that supplies food products , including producer organisations and associations of producer organisations , provided that all those persons meet the definition of micro , small and medium - sized enterprises set out in the annex to commission recommendation 2003 / 361 / ec12 . those micro , small or medium suppliers are particularly vulnerable to unfair trading practices and least able to weather them without negative effects on their economic viability . as the financial pressure on small and medium - sized enterprises caused by unfair trading practices often passes through the chain and reaches agricultural producers , rules on unfair trading practices should also protect small and medium - sized intermediary suppliers at the stages downstream of primary production . protection of intermediary suppliers should also avoid unintended consequences of trade diversion away from agricultural producers and their associations , who produce processed products , to non - protected suppliers . __________________ 12 oj l 124 , 20 . 5 . 2003 , p . 36 . ### a minimum union standard of protection against unfair trading practices should be introduced to reduce the occurrence of such practices , to contribute to ensuring a fair standard of living for agricultural producers inside and outside the union , to prevent unsafe and unsustainable practices , precarious working conditions , and to reduce food safety risks and food waste along the food supply chain . it should benefit all agricultural producers or any natural or legal person that supplies agricultural and food products , including producer organisations and associations of producer organisations , without raising their administrative burden . micro , small or medium suppliers are particularly vulnerable to unfair trading practices and least able to weather them without negative effects on their economic viability . as the financial pressure on enterprises caused by unfair trading practices often passes through the chain and reaches agricultural producers , rules on unfair trading practices should also protect intermediary suppliers at the stages downstream of primary production . protection of intermediary suppliers inside and outside the union should also avoid unintended consequences of trade diversion away from agricultural producers and their associations , who produce processed products , to non - protected suppliers .


### suppliers established outside the union should be able to rely on the union minimum standard when they sell food products to buyers established in the union to avoid unintended distorting effects resulting from the protection of suppliers in the union . ### to ensure the eu meets its treaty obligation of policy coherence for development and its commitments under the sustainable development goals , suppliers established outside the union should be able to rely on the union minimum standard when they sell agricultural and food products to buyers marketing and placing those products on the eu market to avoid unintended distorting effects resulting from the protection of suppliers in the union .


### complaints by producer organisations or associations of such organisations can serve to protect the identity of individual members of the organisation who are small and medium - sized suppliers and consider themselves exposed to unfair trading practices . enforcement authorities of the member states should therefore be able to accept and act upon complaints by such entities while protecting the procedural rights of the defendant . ### complaints by producer organisations or associations of such organisations , as well as by organisations working with producers or with a proven expertise on trading practices in food supply chains , including non - governmental and civil society organisations , can serve to protect the identity of individual members of the organisation who are small and medium - sized suppliers and consider themselves exposed to unfair trading practices . enforcement authorities of the member states should therefore be able to accept and act upon complaints by such entities while protecting the procedural rights of the defendant .


### this directive applies to certain unfair trading practices which occur in relation to the sales of food products by a supplier that is a small and medium - sized enterprise to a buyer that is not a small and medium - sized enterprise . ### this directive applies to certain unfair trading practices which occur in relation to the sales of agricultural and food products by a supplier to a buyer , including transactions between producer organisations or cooperatives and their members .


### &#8220 ; buyer&#8221 ; means any natural or legal person established in the union who buys food products by way of trade . the term ' buyer ' may include a group of such natural and legal persons ; ### &#8220 ; buyer&#8221 ; means any natural or legal person , irrespective of their place of establishment , who buys agricultural or food products by way of trade to place them on the eu market . the term ' buyer ' may include a group of such natural and legal persons ;


### member states shall ensure that the following trading practices are prohibited : ### member states shall ensure that all unfair trading practices are prohibited , including at least the following trading practices :


### a buyer cancels orders of perishable food products at such short notice that a supplier cannot reasonably be expected to find an alternative to commercialise or use these products ; ### a buyer cancels orders of perishable food products at such short notice that a supplier cannot reasonably be expected to find an alternative to commercialise or use these products at the same value ;


### a buyer unilaterally and retroactively changes the terms of the supply agreement concerning the frequency , timing or volume of the supply or delivery , the quality standards or the prices of the food products ; ### a buyer unilaterally changes the terms of the supply agreement concerning the frequency , timing or volume of the supply or delivery , the quality standards , or the prices of the food products , or the terms of payment ;


### a supplier pays for the wastage of food products that occurs on the buyer ' s premises and that is not caused by the negligence or fault of the supplier . ### a supplier pays for the wastage of food products that occurs once the product has passed into the buyer ' s ownership and that is not caused by the negligence or fault of the supplier .


### by 15 march of each year , member states shall send to the commission a report on unfair trading practices in business - to - business relationships in the food supply chain . that report shall contain , in particular , all relevant data on the application and enforcement of the rules under this directive in the member state concerned in the previous year . ### by 15 march of each year , member states shall send to the commission a report on unfair trading practices in business - to - business relationships in the food supply chain . that report shall contain , in particular , all relevant data on the application and enforcement of the rules under this directive in the member state concerned in the previous year , with a particular attention to cross - border unfair trading practices and their direct and indirect impacts on suppliers , including suppliers based outside the union . member states shall also report on the impact of the implementation of the current directive on reducing food waste , increasing food safety and promoting sustainable practices in the food supply chain .


### no sooner than three years after the date of application of this directive , the commission shall carry out an evaluation of this directive and present a report on the main findings to the european parliament , the council and the european economic and social committee and the committee of the regions . ### no later than three years after the date of application of this directive and every two years thereafter , the commission shall carry out an evaluation of this directive and present a report on the main findings to the european parliament , the council and the european economic and social committee and the committee of the regions . the report shall pay particular attention to the effectiveness of the directive in protecting the most vulnerable actors against unfair trading practices throughout the food supply chain , both inside and outside the union . it shall also evaluate the contribution of the directive to reducing food waste , increasing food quality and promoting sustainable practices in the food supply chain . the report shall consider the need to review the directive , in particular to include new forms of utps , and to make use of data on input costs and price transmission through the agricultural food supply chain , to establish criteria for determining fair prices within a supply agreement . on the basis of this report , the commission may present appropriate legislative proposals .


### given the non - commercial nature of this intervention and the small scale of individual projects foreseen , the administrative burden should be limited to a minimum . therefore , the intervention should be implemented by the most appropriate forms of financial assistance , notably grants , available under the financial regulation , now or in future . the intervention should not rely on financial instruments . ### given the non - commercial nature of this intervention and the small scale of individual projects foreseen , the administrative burden should be limited to a minimum . therefore , the intervention should be implemented by the most appropriate forms of financial assistance , notably grants , available under the financial regulation , now or in future . the intervention should not rely on financial instruments . the principle of sound financial management should apply .


### 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 . ### 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 . double financing should be excluded .


### support the provision of free local wireless connectivity in local communities . ### support the provision of free local wireless connectivity in local communities , which shall be close to the highest standards , currently available on the market ;


### where a basic act is adopted under the ordinary legislative procedure , either the european parliament or the council may at any time indicate to the commission that , in its view , a draft implementing act exceeds the implementing powers provided for in the basic act . in such a case , the commission shall review the draft implementing act , taking account of the positions expressed , and shall inform the european parliament and the council whether it intends to maintain , amend or withdraw the draft implementing act . ### in article 11 , paragraph 1 is replaced by the following : ' where a basic act is adopted under the ordinary legislative procedure , either the european parliament or the council may at any time indicate to the commission that , in its view , a draft implementing act exceeds the implementing powers provided for in the basic act , or is not consistent with union law in other respects . in such a case , the commission shall review the draft implementing act , taking account of the positions expressed , and shall inform the european parliament and the council whether it intends to amend or withdraw the draft implementing act . ”


### the union endorsed the objectives set out in the united nations agenda 2030 and its sustainable development goals and the paris agreement in 2015 as well as the sendai framework for disaster risk reduction 2015 - 2030 . to achieve the agreed objectives , including those embedded in the environmental policies of the union , action pursuing sustainable development is to be stepped up significantly . therefore , the principles of sustainable development should feature prominently in the design of the investeu fund . ### the union endorsed the objectives set out in the united nations agenda 2030 and its sustainable development goals and the paris agreement in 2015 as well as the sendai framework for disaster risk reduction 2015 - 2030 . to achieve the agreed objectives , including those embedded in the environmental policies of the union , action pursuing sustainable development is to be stepped up significantly . therefore , the principles of sustainable development must be the basis of the design of the investeu fund .


### an investment committee composed of independent experts should conclude on the granting of the support from the eu guarantee to financing and investment operations fulfilling the eligibility criteria , thereby providing external expertise in investment assessments in relation to projects . the investment committee should have different configurations to best cover different policy areas and sectors . ### an investment committee composed of independent experts should conclude on the granting of the support from the eu guarantee to financing and investment operations fulfilling the eligibility criteria , thereby providing external expertise in investment assessments in relation to projects . the investment committee should have different configurations to best cover different policy areas and sectors , while always containing experts on the transition to a zero carbon economy . the committee should also contain civil society representatives .


### the scoreboard shall be publicly available after the signature of a financing or investment operation or sub - project , if applicable . the publication shall not contain commercially sensitive information or personal data not to be disclosed under the union data protection rules . ### the scoreboard shall be publicly available before approval of the investment operation . the publication shall not contain commercially sensitive information or personal data not to be disclosed under the union data protection rules .


### the commission shall report on the implementation of investeu programme in accordance with [ articles 241 and 250 ] of the [ financial regulation ] . for that purpose , the implementing partners shall provide annually the information necessary to allow the commission to comply with its reporting obligations . ### the commission shall report on the implementation of investeu programme in accordance with [ articles 241 and 250 ] of the [ financial regulation ] . for that purpose , the implementing partners shall provide annually the information necessary to allow the commission to comply with its reporting obligations . as part of the annual reporting , the commission shall annually analyse a multi - annual consolidation exercise to identify whether climate expenditure is on track to achieve the 60%target . the commission shall provide information on the support to climate change objectives differentiating between mitigation and adaptation as well as information on the climate contribution of relevant financial instruments , and make this publicly available .


### development of the energy sector in accordance with the energy union priorities , including security of energy supply , and the commitments taken under the agenda 2030 and the paris agreement , in particular through : ### development of the energy sector , excluding activities related to production , processing , transmission , distribution , storage or combustion of fossil fuels , &#160 ; in accordance with the energy union priorities , including security of energy supply , and the commitments taken under the agenda 2030 and the paris agreement , in particular through :


### in article 3 points and are replaced by the following : ### article 3 is amended as follows :


### applications may be lodged no more than six months , and for seafarers in the performance of their duties , no more than nine months before the start of the intended visit and , as a rule , no later than 15 calendar days before that start . ; ### applications may be lodged no more than nine months before the start of the intended visit and , as a rule , no later than 15 calendar days before that start . in justified individual cases of urgency , including when it is necessary on professional grounds , on humanitarian grounds , for reasons of national interest or because of international obligations , the consulate may waive the latter time limit . ;


### member states may require applicants to present a proof of sponsorship and private accommodation or both by completing a form drawn up by each member state . that form shall indicate in particular : ### member states may require applicants to present a proof of sponsorship and private accommodation or both by completing a form drawn up by the commission . that form shall indicate in particular :


### in addition to the member state’s official language , the form shall be drawn up in at least one other official language of the institutions of the union . a specimen of the form shall be sent to the commission . ### the commission shall adopt the form by means of implementing acts in accordance with the examination procedure referred to in article 52 . the form shall be used to inform the sponsor / inviting person about the processing of their personal data and the applicable rules . in addition to the member state’s official language , the form shall be drawn up in at least one other official language of the institutions of the union .


### applicants who have been refused a visa shall have the right to appeal which shall , at a certain stage of the proceedings , guarantee an effective judicial appeal . appeals shall be instituted against the member state that has taken the final decision on the application and in accordance with the national law of that member state . member states shall provide applicants with detailed information regarding the procedure to be followed in the event of an appeal , as specified in annex vi . ; ### applicants who have been refused a visa shall have the right to appeal which shall , at a certain stage of the proceedings , guarantee an effective judicial appeal . appeals shall be instituted against the member state that has taken the final decision on the application and in accordance with the national law of that member state . the deadline for appeal shall be at least 30 calendar days . member states shall provide applicants with detailed information regarding the procedure to be followed in the event of an appeal , as specified in annex vi , in a language the applicants understand or are reasonably supposed to understand . ;


### 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 firmly on the path towards zero - emission by mid - century . moreover , emissions of air pollutants from transport that are harmful to health and the environment 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 .


### there is widespread support from key stakeholders for a definition of clean vehicles taking account of reduction requirements for greenhouse gases and air pollutant emissions from light - and heavy - duty vehicles . to ensure that there are adequate incentives to supporting market - uptake of low - and zero - emission vehicles in the union , provisions for their public procurement under this amendment should be aligned with provisions of union legislation on co2 emission performance of cars and vans for the post - 2020 period26 . action carried out under the amended directive will contribute to compliance with the requirements of these standards . a more ambitious approach for public procurement can provide an important additional market stimulus . _________________ 26 com 676 final ### the amended directive should contribute to a reduction of greenhouse gases and air pollutant emissions from light - and heavy - duty vehicles . to ensure that there are adequate incentives to supporting market - uptake of low - and zero - emission vehicles in the union , provisions for their public procurement under this amendment should be aligned with provisions of union legislation on co2 emission performance of cars and vans for the post - 2020 period26 . the amended directive will also contribute to the further deployment of alternative fuels infrastructure , as well as to compliance of vehicles with the requirements of the latest standards of emissions air pollutant emissions and greenhouse gases . a more ambitious approach for public procurement can provide an important additional market stimulus . _________________ 26 com 676 final


### setting minimum targets for clean vehicle procurement by 2025 and by 2030 at member state level should contribute to policy certainty for markets where investments in low - and zero - emission mobility are warranted . the minimum targets support market creation throughout the union . they provide time for the adjustment of public procurement processes and give a clear market signal . the impact assessment notes that member states increasingly set targets , depending on their economic capacity and how serious the problem is . different targets should be set for different member states in accordance with their economic capacity and exposure to pollution . minimum procurement targets should be complemented by the obligation of the contracting authorities , entities and operators to consider relevant energy and environmental aspects in all their procurement procedures . the territorial impact assessment of this amended directive illustrated that the impact will be evenly distributed among regions in the union . ### setting minimum targets for low - emission vehicle procurement by 2025 and by 2030 at member state level should contribute to policy certainty for markets where investments in low - and zero - emission mobility are warranted . targets should be achieved by the date indicated in table 4 and table 5 of the annex of this directive . the minimum targets support market creation throughout the union . they provide time for the adjustment of public procurement processes and give a clear market signal . the impact assessment notes that member states increasingly set targets , depending on their economic capacity and how serious the problem is . different targets should be set for different member states in accordance with their economic capacity and exposure to pollution . minimum procurement targets should be complemented by the obligation of the contracting authorities , entities and operators to consider relevant energy and environmental aspects in all their procurement procedures . the territorial impact assessment of this amended directive illustrated that the impact will be evenly distributed among regions in the union .


### 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


### 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 ;


### a vehicle of category n1 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 n1 with a maximum tail - pipe emission expressed in co2g / km , other green - house gas emissions and real driving pollutant emissions below a percentage of the applicable emission limits as referred to in table 2 in the annex , or ;


### member states shall ensure that purchase , lease , rent or hire - purchase of road transport vehicles , and public service contracts on public passenger transport by road and rail and public service contracts as referred to in article 3 of this directive comply with the minimum procurement targets for light - duty vehicles referred to in table 4 of the annex and for heavy - duty vehicles referred to in table 5 in the annex . ### member states shall ensure that purchase , lease , rent or hire - purchase or retrofitting to low and ultra - low emission vehicle standard of road transport vehicles used in public services , and public service contracts on public passenger transport by road and rail in public service and public service contracts as referred to in article 3 of this directive comply with the minimum procurement targets for light - duty vehicles referred to in table 4 of the annex and for heavy - duty vehicles referred to in table 5 in the annex . an increase in the number of urban rail vehicles , such as trams and metro trains , in public networks may also be counted towards the achievement of the minimum procurement targets for buses set out in table 5 in the annex .


### the burden of proof of justification and proportionality lies on the member states . the reasons for regulation invoked by a member state by way of justification should thus be accompanied by an analysis of the appropriateness and proportionality of the measure adopted by that state and by specific evidence substantiating its arguments . ### the burden of proof of justification and proportionality lies on the member states . the reasons for regulation invoked by a member state by way of justification should thus be accompanied by an analysis of the appropriateness and proportionality of the measure adopted by that state and by specific evidence substantiating its arguments . this should not prevent member states from taking immediate measures in the field of health care which they consider necessary to protect public health .


### 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 and in addition to members of the profession , inform all relevant stakeholders including citizens , service recipients and representative associations before proposing new legislative , regulatory or administrative provisions restricting access to or pursuit of regulated professions , or amending existing ones , giving them the opportunity to make known their views which shall then be given due consideration . this process may take place , for example , by means of a public consultation whose results inform the content of the adopted provisions .


### the reasons for considering that provisions , assessed in accordance with this directive , are justified , necessary and proportionate , and which are communicated to the commission pursuant to paragraphs 5 and 6 of article 59 of directive 2005 / 36 / ec , shall be recorded by the relevant competent authorities in the database of regulated professions , referred to in article 59 paragraph 1 of directive 2005 / 36 / ec and thereafter made publicly available by the commission . ### the reasons for considering that provisions , assessed in accordance with this directive , are justified , necessary and proportionate , and which are communicated to the commission pursuant to paragraphs 5 and 6 of article 59 of directive 2005 / 36 / ec , shall be recorded&#160 ; expeditiously by the relevant competent authorities in the database of regulated professions , referred to in article 59 paragraph 1 of directive 2005 / 36 / ec and thereafter made publicly available&#160 ; as soon as possible by the commission .


### to that end , a verification procedure should be established whereby the authority must , in certain circumstances , ask the committee of independent eminent persons to assess whether a european political party or a european political foundation has deliberately influenced or attempted to influence the outcome of elections to the european parliament by taking advantage of an infringement of the applicable rules on protection of personal data . where the committee finds that to be the case , the authority should impose sanctions in line with the effective , proportionate and dissuasive sanctioning system established by the regulation no 1141 / 2014 . ### to that end , a verification procedure should be established whereby the authority must , following a final decision by the supervisory authority or european data protection supervisor , ask the committee of independent eminent persons to assess whether a european political party or a european political foundation has deliberately influenced or attempted to influence the outcome of elections to the european parliament by taking advantage of an infringement of the applicable rules on protection of personal data . where the committee finds that to be the case , the authority should impose sanctions in line with the effective , proportionate and dissuasive sanctioning system established by the regulation no 1141 / 2014 . these sanctions should pursue the objective of guaranteeing free and fair elections to the european parliament , while possible sanctions imposed by the data protection authorities should pursue the objective of protecting natural persons with regard to the processing of personal data .


### when requested by the authority , the committee shall give an opinion on whether a european political party or a european political foundation has deliberately influenced or attempted to influence the outcome of elections to the european parliament by taking advantage of an infringement of the applicable rules on the protection of personal data . in both cases the committee may request any relevant document and evidence from the authority , the european parliament , the european political party or european political foundation concerned , other political parties , political foundations or other stakeholders , and it may request to hear their representatives . in the case of opinions on whether a european political party or a european political foundation has deliberately influenced or attempted to influence the outcome of elections to the european parliament by taking advantage of an infringement of the applicable rules on the protection of personal data , the supervisory authorities referred to in the article 10 shall cooperate with the committee in accordance with applicable law . ### when requested by the authority , the committee shall give an opinion on whether a european political party or a european political foundation has intentionally influenced or attempted to influence the outcome of elections to the european parliament by taking advantage of an infringement of the applicable rules on the protection of personal data , or by authorising , instructing or supporting an entity that has infringed the applicable rules . in both cases the committee may request any relevant document and evidence from the authority , the european parliament , the european political party or european political foundation concerned , other political parties , political foundations or other stakeholders , and it may request to hear their representatives . in the case of opinions on whether a european political party or a european political foundation has intentionally influenced or attempted to influence the outcome of elections to the european parliament by infringing the applicable rules on the protection of personal data , or by authorising , instructing or supporting an entity that has infringed the applicable rules , the supervisory authorities referred to in the article 10 shall cooperate with the committee in accordance with applicable law .


### 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 . 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 that regard , the primary aim of the investeu&#160 ; programme should be to support otherwise difficult to fund projects that provide european citizen with long - term environmental and societal benefits such as high quality long - term jobs and public infrastructure . it is therefore much more important to identify and support projects that provide this genuine additionality and quality rather than being driven by technical aspects such as leverage factors or project speed and volumes .


### the investeu fund should support investments in tangible and intangible assets to foster growth , investment and employment , and thereby contributing to improved well - being and fairer income distribution in the union . intervention through the investeu fund should complement union support delivered through grants . ### the investeu fund should support investments in tangible and intangible assets to foster growth , investment and employment , that are also resilient to climate change , and thereby contributing to an improved environment , well - being and fairer income distribution in the union .


### the union endorsed the objectives set out in the united nations agenda 2030 and its sustainable development goals and the paris agreement in 2015 as well as the sendai framework for disaster risk reduction 2015 - 2030 . to achieve the agreed objectives , including those embedded in the environmental policies of the union , action pursuing sustainable development is to be stepped up significantly . therefore , the principles of sustainable development should feature prominently in the design of the investeu fund . ### the union endorsed the objectives set out in the united nations agenda 2030 and its sustainable development goals and the paris agreement in 2015 as well as the sendai framework for disaster risk reduction 2015 - 2030 . to achieve the agreed objectives , including those embedded in the environmental policies of the union , action pursuing sustainable development is to be stepped up significantly . therefore , the principles of sustainable development , safety and climate - proofing should feature prominently in the design of the investeu fund , which means that fossil fuel infrastructure and nuclear installations in the power sector should not be funded .


### reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the united nations sustainable development goals , the investeu programme will contribute to mainstream climate actions and to the achievement of an overall target of 25 % of the union budget expenditures supporting climate objectives . actions under the investeu programme are expected to contribute 30 % of the overall financial envelope of the investeu programme to climate objectives . relevant actions will be identified during the investeu programme ' s preparation and implementation and reassessed in the context of the relevant evaluations and review processes . ### reflecting the importance of tackling climate change in line with the union’s climate related long - term objective and remaining carbon budget , the union ' s commitments to implement the paris agreement 1a and the united nations sustainable development goals , the investeu programme will contribute to mainstream climate actions and to achieve an overall target of 50% of the union budget expenditures supporting climate objectives . actions under the investeu programme are expected to contribute at least 60% of the overall financial envelope to climate objectives . relevant actions will be identified during the investeu programme ' s preparation and implementation and reassessed in the context of the relevant evaluations and review processes . climate mainstreaming and climate proofing mechanisms should be unified by reforming , expanding and centralising the rio marker system , in order to differentiate between sectors , as well as between mitigation and adaptation . additionally , infrastructure investment planning shall fully consider the ‘ energy efficiency first’ assessments , as set out in the [ regulation on the governance of the energy union ] . _________________ 1a in particular article 2 . 1c on alignment of financial flows with a climate resilient development


### 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 . 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 council . 15investment 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 , soil 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 .


### 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 . investments in the european infrastructure , notably interconnection and energy efficiency are fundamental to meet the union ' s sustainability targets , including the union’s commitments towards the sdgs , and the 2030 energy and climate targets . accordingly , support from the investeu fund should target investments into sustainable development - compatible projects on transport , energy , including energy efficiency and renewable energy , environmental , climate action , maritime and digital infrastructure . investeu shall prioritise the most significantly under - invested areas that require the most additional investment to meet the union’s sustainability targets , such as energy efficiency . to maximise the impact and the value added of union financing support , it is appropriate to promote a streamlined , climate - proof investment process enabling visibility of the project pipeline and consistency across relevant union programmes .


### whereas the level of overall investment in the union is increasing , investment in higher - risk activities such as research and innovation is still inadequate . the resulting underinvestment in research and innovation is damaging to the industrial and economic competitiveness of the union and the quality of life of its citizens . the investeu fund should provide the appropriate financial products to cover different stages in the innovation cycle and a wide range of stakeholders , in particular to allow the upscaling of and deployment of solutions at a commercial scale in the union , in order to make such solutions competitive on world markets . ### whereas the level of overall investment in the union is increasing , investment in higher - risk activities such as research and innovation is still inadequate . the resulting underinvestment in research and innovation is damaging to the industrial and economic competitiveness of the union and the quality of life of its citizens . the investeu fund should provide the appropriate financial products to cover different stages in the innovation cycle and a wide range of stakeholders . particular importance should be given to promoting eu excellence in green technologies at global level .


### a significant effort is urgently needed to invest in digital transformation and to distribute the benefits of it to all union citizens and businesses . the strong policy framework of the digital single market strategy should now be matched by investment of a similar ambition , including in artificial intelligence . ### a significant effort is urgently needed to invest in digital transformation and to distribute the benefits of it to all union citizens and businesses . the strong policy framework of the digital single market strategy should now be matched by investment of a similar ambition , including in ethical artificial intelligence . the latter shall be subject to an ex - ante ethical impact assessment . this review must extend beyond the narrow confines of privacy and data protection and take into account the broader societal impacts of the underlying ai agenda . projects that raise substantial ethical and / or societal impact concerns must be subject to enhanced scrutiny and control and to ethical review .


### 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 represent over 99% of businesses in the union and their economic value is significant and crucial . however , they face challenges when accessing finance because of their perceived high risk and lack of sufficient collateral . gender disparities also need to be addressed , as female creativity and entrepreneurial potential are an under - exploited source of growth and jobs that should be further developed . whereas women constitute 52% of the total european population , they represent only 34 . 4% of the eu self - employed and 30% of start - up entrepreneurs . 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 .


### as set out in the reflection paper on the social dimension of europe16 and the european pillar of social rights17 , building a more inclusive and fairer union is a key priority for the union to tackle inequality and foster social inclusion policies in europe . inequality of opportunities affects in particular access to education , training and health . investment in the social , skills and human capital - related economy , as well as in the integration of vulnerable populations in the society , can enhance economic opportunities , especially if coordinated at union level . the investeu fund should be used to support investment in education and training , help increase employment , in particular among the unskilled and long - term unemployed , and improve the situation with regard to intergenerational solidarity , the health sector , homelessness , digital inclusiveness , community development , the role and place of young people in society as well as vulnerable people , including third country nationals . the investeu programme should also contribute to the support of european culture and creativity . to counter the profound transformations of societies in the union and of the labour market in the coming decade , it is necessary to invest in human capital , microfinance , social enterprise finance and new social economy business models , including social impact investment and social outcomes contracting . the investeu programme should strengthen nascent social market eco - system , increasing the supply of and access to finance to micro - and social enterprises , to meet the demand of those who need it the most . the report of the high - level task - force on investing in social infrastructure in europe18 has identified investment gaps in social infrastructure and services , including for education , training , health and housing , which call for support , including at the union level . therefore , the collective power of public , commercial and philanthropic capital , as well as support from foundations , should be harnessed to support the social market value chain development and a more resilient union . _________________ 16 com 206 . 17 com 250 . 18 published as european economy discussion paper 074 in january 2018 . ### as set out in the reflection paper on the social dimension of europe16 and the european pillar of social rights17 , building a more inclusive and fairer union is a key priority for the union to tackle inequality and foster social inclusion policies in europe . inequality of opportunities affects in particular access to education , training and health . investment in the social , skills and human capital - related economy , as well as in the integration of vulnerable populations in the society , can enhance economic opportunities , especially if coordinated at union level . given the significant need for investment into social infrastructure and projects in the fields of social services , healthcare services , education , care and social housing , the investeu fund should be used to support investment in education and training , help increase employment , in particular among the unskilled and long - term unemployed , and improve the situation with regard to gender equality , equal opportunities , intergenerational solidarity , the health sector , homelessness , digital inclusiveness , community development , the role and place of young people in society as well as vulnerable people , including third country nationals . the investeu programme should also contribute to the support of european culture and creativity . to counter the profound transformations of societies in the union and of the labour market in the coming decade , it is necessary to invest in human capital , microfinance , social enterprise finance and new social economy business models , including social impact investment and social outcomes contracting and forms of employment that support work - life balance and better distribution of care responsibilities . the investeu programme should strengthen nascent social market eco - system , increasing the supply of and access to finance to micro - and social enterprises , to meet the demand of those who need it the most . the report of the high - level task - force on investing in social infrastructure in europe18 has identified investment gaps in social infrastructure and services , including for education , training , health and housing , which call for support , including at the union level . therefore , the collective power of public , commercial and philanthropic capital , as well as support from foundations , should be harnessed to support the social market value chain development and a more resilient union . _________________ 16 com 206 . 17 com 250 . 18 published as european economy discussion paper 074 in january 2018 .


### an investment committee composed of independent experts should conclude on the granting of the support from the eu guarantee to financing and investment operations fulfilling the eligibility criteria , thereby providing external expertise in investment assessments in relation to projects . the investment committee should have different configurations to best cover different policy areas and sectors . ### an investment committee composed of independent experts should conclude on the granting of the support from the eu guarantee to financing and investment operations fulfilling the eligibility criteria , thereby providing external expertise in investment assessments in relation to projects . the investment committee should have different configurations to best cover different policy areas and sectors , but always include also experts from climate , environmental and civil society organisations .


### the investeu advisory hub should support the development of a robust pipeline of investment projects in each policy window . in addition , a cross - sectoral component under the investeu programme should be foreseen to ensure a single - entry point and cross - policy project development assistance for centrally managed union programmes . ### the investeu advisory hub should support the development of a robust pipeline of investment projects in each policy window providing for effective implementation of geographic diversification with a view to contributing to the union objective of economic , social , and territorial cohesion and reducing regional disparities . the advisory hub should pay particular attention to the necessity of aggregating small projects and bundle them into larger portfolios . in addition , a cross - sectoral component under the investeu programme should be foreseen to ensure a single - entry point and cross - policy project development assistance for centrally managed union programmes .


### ' blending operations ' means operations supported by the union budget combining non - repayable forms of support or repayable support or both from the union budget with repayable forms of support from development or other public finance institutions , as well as from commercial finance institutions and investors ; for the purposes of this definition , union programmes financed from sources other than the union budget , such as the eu emissions trading system innovation fund , can be assimilated to union programmes financed by the union budget ; ### ' additionality ' means additionality as defined in article 8a .


### to support financing and investment operations in research , innovation and digitisation ; ### to support financing and investment operations in inclusive and ethical research , product development , innovation and digitisation ;


### the financial envelope for the implementation of the measures provided in chapters v and vi shall be eur 525 000 000 . ### the financial envelope for the implementation of the measures provided in chapters v shall be at least eur 725 000 000 .


### sustainable infrastructure policy window : comprises sustainable investment in the areas of transport , energy , digital connectivity , supply and processing of raw materials , space , oceans and water , waste , nature and other environment infrastructure , equipment , mobile assets and deployment of innovative technologies that contribute to the environmental or social sustainability objectives of the union , or to both , or meet the environmental or social sustainability standards of the union ; ### sustainable infrastructure policy window : comprises sustainable investment in the areas of transport , energy - in particular the increased deployment of renewable energy and energy efficiency investments - digital connectivity , &#160 ; climate adaptation and mitigation , &#160 ; recycling and processing of raw materials , space , water , waste avoidance , recycling and reduction&#160 ; and the circular economy , nature and other environment infrastructure , equipment , mobile assets and deployment of innovative technologies that contribute to the environmental or social sustainability objectives of the union , or to both .


### research , innovation and digitisation policy window : comprises research and innovation activities , transfer of research results to the market , demonstration and deployment of innovative solutions and support to scaling up of innovative companies other than smes as well as digitisation of union industry ; ### research , innovation and digitisation policy window : comprises research , product development and innovation activities , transfer of technologies and research results to the market , supporting market enablers and cooperation between enterprises , including regulatory systems demonstration and deployment of innovative solutions and support to scaling up of innovative companies other than smes on the net - zero carbon economy , resilience and adaptation to climate change , on the circular economy , as well as digitisation of union industry .


### financing and investment operations under the sustainable infrastructure policy window referred to in point of paragraph shall be subject to climate , environmental and social sustainability proofing with a view to minimise detrimental impacts and maximise benefits on climate , environment and social dimension . for that purpose , promoters requesting financing shall provide adequate information based on guidance to be developed by the commission . projects below a certain size defined in the guidance shall be excluded from the proofing . ### financing and investment operations in all four policy windows referred to in point , , , of paragraph shall be subject to climate , environmental and social sustainability proofing and tracking , with a view to minimise detrimental impacts and maximise benefits on climate , environment and the social dimension . for that purpose , promoters requesting financing shall provide adequate information based on guidance to be developed by the commission in form of a delegated act that the latter is empowered to adopt in accordance with article 26 , taking fully into account the criteria established by the [ regulation on the establishment of a framework to facilitate sustainable investment ] for determining whether an economic activity is environmentally sustainable , and in line with eu climate objectives .


### implementing partners shall provide the information necessary to allow the tracking of investment that contributes to meeting the union objectives on climate and environment , based on guidance to be provided by the commission . ### implementing partners shall provide the information necessary to allow the tracking of investment that contributes to meeting the union objectives on climate and environment , based on guidance to be provided by the commission and using in an appropriate way the criteria established by [ regulation on the establishment of a framework to facilitate sustainable investment ] for determining whether an economic activity is environmentally sustainable and being complementary to the role of the platform on sustainable finance who shall monitor and report regularly to the commission on capital flows towards sustainable investment .


### the overall amount of the part of the eu guarantee under the member state compartment pertaining to the member state , its provisioning rate , the amount of the contribution from funds under shared management , the constitution phase of the provisioning in accordance with an annual financial plan and the amount of the resulting contingent liability to be covered by a back - to - back guarantee provided by the member state concerned ; ### the overall amount of the part of the eu guarantee under the member state compartment pertaining to the member state , its provisioning rate , the amount of the contribution from national funds , the constitution phase of the provisioning in accordance with an annual financial plan and the amount of the resulting contingent liability to be covered by a back - to - back guarantee provided by the member state concerned ;


### comply with the conditions set out in [ points to of article 209 ] of [ the financial regulation ] , in particular with the additionality requirement set out in [ point of article 209 ] of [ the financial regulation ] and , where appropriate , maximising private investment in accordance with [ point of article 209 ] of the [ financial regulation ] ; ### comply with the conditions set out in [ points to of article 209 ] of [ the financial regulation ] , in particular with the additionality requirement set out in [ point of article 209 ] of [ the financial regulation ] and contribute to social , climate and environmental policy objectives of the european union , where appropriate , maximising private investment in accordance with [ point of article 209 ] of the [ financial regulation ] ;


### contribute to the union policy objectives and fall under the scope of the areas eligible for financing and investment operations under the appropriate window in accordance with annex ii to this regulation ; and ### contribute , complement and are consistent to the union policy objectives and fall under the scope of the areas eligible for financing and investment operations under the appropriate window in accordance with annex ii to this regulation ; and


### fees may be charged for the services referred to in paragraph 2 to cover part of the costs for providing those services . ### commensurate fees may be charged for the services referred to in paragraph 2 to cover part of the costs for providing those services .


### expansion of the generation , supply or use of clean and sustainable renewable energy ; ### expansion of and accelerating the deployment of generation , supply or use of renewable energy ;


### projects supporting development of the ten - t infrastructure , including its urban nodes , maritime and inland ports , multimodal terminals and their connection to the main networks ; ### projects supporting the sustainable development of the ten - t infrastructure and small scale projects , including its urban nodes when targeted to multimodality and zero - emission technologies , sustainable maritime and inland ports , multimodal terminals and their connection to the main networks , as well as cross sectorial projects at those ports and terminals such as waste and water recycling and integrated electricity charging stations for ships when at berth ;


### supporting the renewal and retrofitting of transport mobile assets with the view of deploying low - emission mobility solutions ; ### supporting the renewal and retrofitting of transport mobile assets with the view of deploying zero - emission mobility solutions ;


### projects and enterprises in the fields of environmental resource management and clean technologies ; ### projects and enterprises in the fields of environmental resource management and sustainable technologies ;


### climate change actions , including natural hazard disaster risk reduction ; ### climate change actions , including natural hazard disaster risk reduction , climate adaptation and mitigation ;


### projects and enterprises that implement circular economy by integrating resource efficiency aspects in the production and product life - cycle , including the sustainable supply of primary and secondary raw materials ; ### projects and enterprises that implement circular economy by integrating resource and energy efficiency aspects in the production and product life - cycle , including the recycling of primary and secondary raw materials ;