### specific attention should be paid to outermost regions , namely by adopting measures under article 349 of the tfeu providing for an additional allocation for the outermost regions to offset the additional costs incurred in these regions as a result of one or several of the permanent restraints referred to in article 349 of the tfeu , namely remoteness , insularity , small size , difficult topography and climate , economic dependence on a few products , the permanence and combination of which severely restrain their development . this allocation can cover investments , operating costs and public service obligations aimed at offsetting additional costs caused by such restraints . operating aid may cover expenditure on freight transport services and start - up aid for transport services as well as expenditure on operations linked to storage constraints , the excessive size and maintenance of production tools , and the lack of human capital in the local market . in order to protect the integrity of the internal market , and as is the case for all operations co - financed by the erdf and the cohesion fund , any erdf support to the financing of operating and investment aid in the outermost regions should comply with state aid rules as set out in articles 107 and 108 of the tfeu . ### specific attention should be paid to outermost regions , namely by adopting measures under article 349 of the tfeu providing for an additional allocation for the outermost regions to offset the additional costs incurred in these regions as a result of one or several of the permanent restraints referred to in article 349 of the tfeu , namely remoteness , insularity , small size , difficult topography and climate , economic dependence on a few products , the permanence and combination of which severely restrain their development . this allocation can cover investments , operating costs and public service obligations aimed at offsetting additional costs caused by such restraints . operating aid may cover expenditure on freight transport services , green logistics , mobility management and start - up aid for transport services as well as expenditure on operations linked to storage constraints , the excessive size and maintenance of production tools , and the lack of human capital in the local market . in order to protect the integrity of the internal market , and as is the case for all operations co - financed by the erdf and the cohesion fund , any erdf support to the financing of operating and investment aid in the outermost regions should comply with state aid rules as set out in articles 107 and 108 of the tfeu .


### enhancing digital connectivity ; ### supporting integrated transport and mobility systems with a european added value : enhancing digital connectivity , cross - border connections and interoperability ;


### developing a sustainable , climate resilient , intelligent , secure and intermodal ten - t ; ### developing a sustainable , climate resilient , intelligent , safe and secure and intermodal ten - t ;


### the erdf shall support integrated territorial development based on territorial strategies in accordance with article [ 23 ] of regulation 2018 / xxxx [ new cpr ] focused on urban areas within programmes under both goals referred to in article 4 of that regulation . ### the erdf shall support integrated territorial development based on territorial strategies in accordance with article [ 23 ] of regulation 2018 / xxxx [ new cpr ] focused on urban areas ' ) within programmes under both goals referred to in article 4 of that regulation .


### in order to guarantee the autonomy of the european border and coast guard agency , it should be granted an autonomous budget whose revenue comes essentially from a contribution from the union . the union budgetary procedure should be applicable as far as the union contribution and any other subsidies chargeable to the general budget of the european union are concerned . the auditing of accounts should be undertaken by the court of auditors . ### in order to guarantee the autonomy of the european border and coast guard agency , it should be granted an autonomous budget whose revenue comes essentially from a contribution from the union . the union budgetary procedure should be applicable as far as the union contribution and any other subsidies chargeable to the general budget of the european union are concerned . the auditing of accounts should be undertaken by the court of auditors . the budget adopted by the management board should be balanced in terms of addressing different aspects of the agency ' s activities , including ensuring fundamental rights .


### ' conflict - affected and high - risk areas ' means areas in a state of armed conflict , fragile post - conflict as well as areas witnessing weak or non - existent governance and security , such as failed states , and widespread and systematic violations of international law , including human rights abuses ; ### ‘ conflict - affected and high - risk areas’ means areas identified by the presence of armed conflict , widespread violence or other risks of harm to people and , for these purposes , it is recognized that : armed conflict may take a variety of forms , such as a conflict of international or non - international character , which may involve two or more states , or may consist of wars of liberation , or insurgencies , civil wars ; and high - - risk areas may include areas of political instability or repression , institutional weakness , insecurity , collapse of civil infrastructure and widespread violence , both of which areas are often characterized by widespread human rights abuses and violations of national or international law ;


### the number and geographic coverage of terminals servicing combined transport operations and the yearly number of transhipments on those terminals ; ### the number of transhipments realised through bimodal technologies and geographic coverage of these transhipment points as well as the number and geographic coverage of terminals servicing combined transport operations and the yearly number of transhipments on those terminals ;


### member states shall take the measures necessary to ensure that the taxes listed in paragraph 3 which are applicable to road vehicles when routed in combined transport are reduced or reimbursed either by a standard amount , or in proportion to the journeys that such vehicles undertake by rail , within limits and in accordance with conditions and rules they fix after consultation with the commission . ### in article 6 , paragraph 1 is replaced by the following : ' 1 . member states shall take the measures necessary to ensure that the taxes listed in paragraph 3 which are applicable to road vehicles when routed in combined transport are reduced or reimbursed either by a standard amount , or in proportion to the journeys that such vehicles undertake by rail , inland waterway or maritime transport , within limits and in accordance with conditions and rules they fix after consultation with the commission . the reductions of reimbursements referred to in the first paragraph shall be granted by the member state in which the vehicles are registered , on the basis of the rail , inland waterway or maritime transport journeys effected within that state . member states may , however , grant these reductions or reimbursements on the basis of the rail , inland waterway or maritime transport journeys which take place partially or wholly outside the member state in which the vehicles are registered . '


### where necessary for the achievement of the aim referred to in paragraph 8 , member states shall take the necessary measures to support investment in transhipment terminals as regards : ### where necessary for the achievement of the aim referred to in paragraph 8 , member states shall take the necessary measures to support investment in transport terminal as well as transhipment point as regards :


### this puts manufacturers of generics and biosimilars established in the union at a significant competitive disadvantage compared with manufacturers based in third countries that offer less or no protection . ### this puts manufacturers of generics and biosimilars established in the union at a significant competitive disadvantage compared with manufacturers based in third countries that offer less or no protection , which also leads to higher prices for medical products .


### that exception should cover the making of the product , including the product which corresponds to the medicinal product protected by a supplementary protection certificate in the territory of a member state , for the exclusive purpose of export to third countries , as well as any upstream or downstream acts by the maker or by third parties in a contractual relationship with the maker , where such acts would otherwise require the consent of the certificate - holder , and are strictly necessary for making for the purpose of export or for the actual export itself . for instance , such acts may include the supply and import of active ingredients for the purpose of making the medicinal product to which the product covered by the certificate corresponds , or temporary storage of the product or advertising for the exclusive purpose of export to third country destinations . ### that exception should cover the making of the product , including the product which corresponds to the medicinal product protected by a supplementary protection certificate in the territory of a member state , for the exclusive purposes of day - 1 entry onto the union market and of export to third countries , as well as any upstream or downstream acts by the maker or by third parties in a contractual relationship with the maker , where such acts would otherwise require the consent of the certificate - holder , and are strictly necessary for making for the purpose of export or for the actual export itself . for instance , such acts may include the supply and import of active ingredients for the purpose of making the medicinal product to which the product covered by the certificate corresponds , or temporary storage of the product or advertising for the exclusive purpose of export to third country destinations .


### the commission should carry out an evaluation of this regulation . pursuant to paragraph 22 of the interinstitutional agreement between the european parliament , the council of the european union and the european commission on better law - making of 13 april 201643 , that evaluation should be based on the five criteria of effectiveness , efficiency , relevance , coherence and added value and should provide the basis for impact assessments of possible further measures . the evaluation should take into account exports to outside the union and the ability of generics and especially biosimilars to enter markets in the union as soon as possible after a certificate lapses . in particular , this evaluation should review the effectiveness of the exception in the light of the aim to restore a global level playing field for generic and biosimilar firms in the union and a swifter entry of generic and especially biosimilar medicines onto the market after a certificate lapses . it should also study the impact of the exception on research and production of innovative medicines by holders of certificates in the union and consider the balance between the different interests at stake , including those of public health . _________________ 43 oj l 123 , 12 . 5 . 2016 , p . 1 . ### the commission should carry out an evaluation of this regulation . pursuant to paragraph 22 of the interinstitutional agreement between the european parliament , the council of the european union and the european commission on better law - making of 13 april 201643 , that evaluation should be based on the five criteria of effectiveness , efficiency , relevance , coherence and added value and should provide the basis for impact assessments of possible further measures . the evaluation should take into account exports to outside the union and the ability of generics and especially biosimilars to enter markets in the union on day - 1 after a certificate lapses . in particular , this evaluation should review the effectiveness of the exception in the light of the aim to restore a global level playing field for generic and biosimilar firms in the union and a swifter entry of generic and especially biosimilar medicines onto the market after a certificate lapses . it should also study the impact of the exception on research and production of innovative medicines by holders of certificates in the union and consider the balance between the different interests at stake , including those of public health and access to medicines . _________________ 43 oj l 123 , 12 . 5 . 2016 , p . 1 .


### in order to facilitate the participation of small organisations in the implementation of the eu policies in an environment of limited availability of resources , it is necessary to recognise the value of the work provided by volunteers as eligible costs . as a result , such organisations may rely to a greater extent on volunteers ' work for sake of providing co - financing to the action . without prejudice to the maximum co - financing rate specified in the basic act , in such cases , the union grant needs to be limited to the estimated eligible costs other than those covering volunteers ' work . as volunteers work is a work provided by third parties without a remuneration being paid to them by the beneficiary , the limitation avoids reimbursing costs which the beneficiary did not incur . ### in order to facilitate the participation of small organisations in the implementation of the eu policies in an environment of limited availability of resources , it is necessary to recognise the value of the work provided by volunteers as eligible costs . as a result , such organisations may rely to a greater extent on volunteers ' work for sake of providing co - financing to the action . only genuine volunteer work , which is that in which there are no apparent issues of exploitation or vulnerability , should be covered . in order to address the risk of for - profit businesses hiring a disproportionate amount of volunteers to reduce personnel costs , it should only be possible for non - profit beneficiaries to declare personnel costs for the work carried out by volunteers . without prejudice to the maximum co - financing rate specified in the basic act , in such cases , the union grant needs to be limited to the estimated eligible costs other than those covering volunteers ' work . as volunteers work is a work provided by third parties without a remuneration being paid to them by the beneficiary , the limitation avoids reimbursing costs which the beneficiary did not incur .


### 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 .


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


### for emergency , post - emergency or thematic actions , the commission may create , after informing the european parliament and the council , trust funds under an agreement concluded with other donors . the constitutive act of each trust fund shall define the objectives of the trust fund . the commission decision establishing the trust fund shall include a description of the fund ' s objectives , the justification for its creation in accordance with paragraph 3 , an indication of its duration and the preliminary agreements with other donors . ### for emergency , post - emergency or thematic actions outside union territory , the commission may create , after informing the european parliament and the council , trust funds under an agreement concluded with other donors . the constitutive act of each trust fund shall define the objectives of the trust fund . the commission decision establishing the trust fund shall include a description of the fund ' s objectives , the justification for its creation in accordance with paragraph 3 , an indication of its duration and the preliminary agreements with other donors .


### 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 .


### ensuring longer durability of consumer goods is important for achieving more sustainable consumption patterns and a circular economy . similarly , keeping non - compliant products out of the union market by strengthening market surveillance and providing the right incentives to economic operators is essential to increase trust in the single market . for these purposes , product specific union legislation is the most appropriate approach to introduce durability and other product related requirements in relation to specific types or groups of products , using for this purpose adapted criteria . this directive should therefore be complementary to the objectives followed in this union sector specific legislation . in so far as specific durability information is indicated in any pre - contractual statement which forms part of the sales contract , the consumer should be able to rely on them as a part of the criteria for conformity . ### ensuring longer durability of goods is important for achieving more sustainable consumption patterns and a circular economy . therefore sellers should inform consumers of the minimum expected lifespan of a product , and clearly indicate if they guarantee that lifespan . consumers should be entitled to a remedy for the lack of conformity with the contract of the goods where the lack of conformity becomes apparent within the lifespan of the goods consumers can reasonably expect . furthermore , sellers should inform the consumer about the availability of spare parts which are essential to the use of the product .


### ‘ consumer’ means any natural person who , in contracts covered by this directive , is acting for purposes which are outside his trade , business , craft or profession ; ### ' consumer ' means any natural person who , in contracts covered by this directive , is acting for purposes which are primarily outside his trade , business , craft or profession ;


### be delivered along with such accessories including packaging , installation instructions or other instructions as the consumer may expect to receive ; and ### be delivered along with such accessories , including packaging , installation instructions or any other instructions , as the consumer may expect to receive ; and


### possess qualities and performance capabilities which are normal in goods of the same type and which the consumer may expect given the nature of the goods and taking into account any public statement made by or on behalf of the seller or other persons in earlier links of the chain of transactions , including the producer , unless the seller shows that : ### possess qualities , durability and performance capabilities which are normal in goods of the same type and which the consumer can expect given the nature of the goods and taking into account any public statement made by or on behalf of the seller or other persons in earlier links of the chain of transactions , including the producer , unless the seller shows that


### in the european defence action plan , adopted on 30 november 2016 , the commission committed to complement , leverage and consolidate collaborative efforts by member states in developing defence capabilities to respond to security challenges , as well as to foster a competitive and innovative european defence industry . it proposed in particular to launch a european defence fund to support investment in joint research and the joint development of defence equipment and technologies . the fund would support cooperation during the whole cycle of defence product and technology development . ### in the european defence action plan , adopted on 30november 2016 , the commission described the many structural problems in the european defence sector which hamper the efficient use of national resources for providing the defence capabilities needed for an effective common security and defence policy . the commission in particular underlines that duplications , fragmentation , and other structural problems have led to a sector which generates only 15% of capabilities compared to the same investment by the us . the highly inefficient structures and mechanism , coupled with a very low rate of collaborative projects currently lead to a loss of eur 25 - 100 billion annually . 1a this is why in the european defence action plan , the commission committed to complement , leverage and consolidate collaborative efforts by member states in developing defence capabilities to respond to security challenges , as well as to foster an efficient european defence industry . to realise these objectives it is therefore at the union level necessary to enhance the institutional framework for cooperation of member states and undertakings in the defence industrial development sector . it proposed in particular to launch efficient cooperation actions that would lead to investments by the member states in joint research and the joint development of defence equipment and technologies . _________________ 1a european commission , 30 november 2016 , annex the business case for more efficient spending on defence .


### in order to contribute to the enhancement of the competitiveness and innovation capacity of the union ' s defence industry , a european defence industrial development programme should be established . the programme should aim at enhancing the competitiveness of the union ' s defence industry inter alia cyber defence by supporting the cooperation between undertakings in the development phase of defence products and technologies . the development phase , which follows the research and technology phase , entails significant risks and costs that hamper the further exploitation of the results of research and adversely impact the competitiveness of the union ' s defence industry . by supporting the development phase , the programme would contribute to a better exploitation of the results of defence research and it would help to cover the gap between research and production as well as to promote all forms of innovation . the programme should complement activities carried out in accordance with article 182 tfeu and it does not cover the production of defence products and technologies . ### in order to contribute to the efficiency of the union ' s defence industry , a european defence industrial development cooperation programme should be established jointly by the member states and the commission . the programme should consist of a cooperation mechanism between member states , the commission , and undertakings and address the development phase of defence products and technologies which follows the research and technology phase which entails significant risks and costs that hamper the further exploitation of the results of research . by addressing the development phase , the programme would contribute to a better exploitation of the results of defence research and it would help to cover the gap between research and production as well as to promote all forms of innovation . the programme should complement activities carried out in accordance with article182 tfeu and it does not cover the production of defence products and technologies .


### in case an action supported by the programme is managed by a project manager appointed by member states , the commission should inform the project manager prior to executing the payment to the beneficiary of the eligible action so that the project manager can ensure that the time - frames are respected by the beneficiaries . ### the union financial contribution , to be drawn from existing administrative budget of the union , will be available exclusively to support actions of administrative and organisational nature , necessary for establishing the appropriate cooperation mechanisms and leading to the development and the implementation of the programme ; actions implemented under the programme itself shall be fully financed by the member states and as appropriate by the athena mechanism .


### as the objective of the programme is to support the competitiveness of the union defence industry by de - risking the development phase of cooperative projects , actions related to the development of a defence product or technology , namely definition of common technical specifications , design , prototyping , testing , qualification , certification as well feasibility studies and other supporting measures , should be eligible to benefit from it . this will also apply to the upgrade of existing defence products and technologies . ### as the objective of the programme is to increase the level of efficiency of cooperation between member states and de - risking the development phase of cooperative defence industry projects , actions related to the development of a defence product or technology , namely definition of common technical specifications , design , prototyping , testing , qualification , certification should be considered under the programme . this will also apply to the upgrade of existing defence products and technologies .


### given that the programme aims particularly at enhancing cooperation between undertakings across member states , an action should be eligible for funding under the programme only if it is undertaken by a cooperation of at least three undertakings based in at least two different member states . ### given that the programme aims particularly at enhancing cooperation between undertakings across member states , an action should be considered under the programme only if it is undertaken by a cooperation of at least three undertakings based in at least two different member states .


### cross - border collaboration in the development of defence products and technologies has often been hampered by the difficulty to agree on common technical specifications . the absence or limited level of common technical specifications have led to increased complexity , delays and inflated costs in the development phase . the agreement on common technical specifications should be a condition in order to benefit from the union ' s support under this programme . actions aiming at supporting the creation of a common definition of technical specifications should also be eligible for support under the programme . ### cross - border collaboration in the development of defence products and technologies has often been hampered by the difficulty to agree on common technical specifications . the absence or limited level of common technical specifications have led to increased complexity , delays and inflated costs in the development phase . the agreement on common technical specifications should be a condition in order to benefit from the union ' s administrative support under this programme . actions aiming at supporting the creation of a common definition of technical specifications should also be eligible for support under the programme .


### as the programme aims at enhancing the competitiveness of the union ' s defence industry , only entities established in the union and effectively controlled by member states or their nationals should be eligible for support . additionally , in order to ensure the protection of essential security interests of the union and its member states , the infrastructure , facilities , assets and resources used by the beneficiaries and subcontractors in actions funded under the programme , shall not be located on the territory of non - member states . ### as the programme aims at enhancing the efficiency of the cooperation of the union ' s defence industry , only entities established in the union and effectively controlled by member states or their nationals should be eligible for support . additionally , in order to ensure the protection of essential security interests of the union and its member states , the infrastructure , facilities , assets and resources used by the participants and subcontractors in actions supported under the programme , shall not be located on the territory of non - member states and shall not be subject to control or restrictions by third - countries , undertakings or public entities in third countries .


### the promotion of innovation and technological development in the union defence industry should take place in a manner coherent with the security interests of the union . accordingly , the action ' s contribution to those interests and to the defence capability priorities commonly agreed by member states should serve as an award criterion . within the union , common defence capability priorities are identified notably through the capability development plan . other union processes such as the coordinated annual review on defence and the permanent structured cooperation will support the implementation of relevant priorities through enhanced cooperation . where appropriate regional or international cooperative initiatives , such as in the nato context , and serving the union security and defence interest , may also be taken into account . ### the promotion of innovation and technological development in the union defence industry should take place in a manner coherent with the security interests of the union as defined objectively within the context of the common security and defence policy . accordingly , the action ' s contribution to those interests and to the defence capability priorities commonly agreed by member states within the context of csdp should serve as an award criterion . within the union , common defence capability priorities are identified notably through the capability development plan . other union processes such as the coordinated annual review on defence and the permanent structured cooperation will support the implementation of relevant priorities through enhanced cooperation .


### in order to ensure that the funded actions will contribute to the competitiveness of the european defence industry , they should be market - oriented and demand driven . therefore , the fact that member states have already committed to jointly produce and procure the final product or technology , possibly in a coordinated way , should be taken into account in the award criteria . ### in order to ensure that the actions will contribute to a higher level of efficiency of the european defence industry , they should be market - oriented and demand driven . therefore , the fact that member states have already committed to jointly produce and procure the final product or technology , possibly in a coordinated way , should be taken into account in the award criteria . in order to reduce market distortions in the defence sector , which often hamper efficient projects , it is of crucial importance to not subsidize the defence industry via the use of eu funds .


### as the union support aims at enhancing the competitiveness of the sector and concerns only the specific development phase , the commission should not have ownership or intellectual property rights over the products or technologies resulting from the funded actions . the applicable intellectual property rights regime will be defined contractually by the beneficiaries . ### as the union support aims at enhancing the efficient cooperation within the sector and concerns only the specific development phase , the commission should not have ownership or intellectual property rights over the products or technologies resulting from the actions supported . the applicable intellectual property rights regime will be defined contractually by the participants .


### the commission should establish a multiannual work programme in line with the objectives of the programme . the commission should be assisted in the establishment of the work programme by a committee of member states . in light of the union policy on small and medium enterprises as key to ensuring economic growth , innovation , job creation , and social integration in the union and the fact that the supported actions will typically require trans - national collaboration , it is of importance that the work programme will reflect and enable such cross - border participation of smes and that therefore a proportion of the overall budget will benefit such action . ### the commission should establish a multiannual work programme in line with the objectives of the programme . the commission should be assisted in the establishment of the work programme by a committee of member states . it is of importance that the work programme will reflect and enable cross - border participation of smes and that therefore a proportion of the overall budget will benefit such action .


### the programme shall provide support for actions by beneficiaries in the development phase covering both new and the upgrade of existing products and technologies , in relation to : ### the programme shall identify and develop actions by participants in the development phase covering both new and the upgrade of existing products and technologies , in relation to :


### beneficiaries shall be undertakings established in the union , in which member states and / or nationals of member states own more than 50% of the undertaking and effectively control it within the meaning of article 6 , whether directly or indirectly through one or more intermediate undertakings . in addition , all infrastructure , facilities , assets and resources used by the participants , including subcontractors and other third parties , in actions funded under the programme shall not be located on the territory of non - member states during the entire duration of the action . ### participants in the actions foreseen by the programme shall be undertakings and their subcontractors established in the union , in which member states and / or nationals of member states own the undertaking and effectively control it within the meaning of article 6 , whether directly or indirectly through one or more intermediate undertakings . in addition , all infrastructure , facilities , assets and resources used by the participants , including subcontractors and other third parties , in actions foreseen under the programme shall not be located on the territory of non - member states during the entire duration of the action . the use of these infrastructures , facilities , assets and resources shall not be under the control of any third country or entity established outside of the union .


### where the union ' s financial assistance is provided through a grant , the members of any consortium wishing to participate in an action shall appoint one of them to act as coordinator , which shall be identified in the grant agreement . the coordinator shall be the principal point of contact between the members of the consortium in relations with the commission or the relevant funding body , unless specified otherwise in the grant agreement or in the event of non - compliance with its obligations under the grant agreement . ### where the union ' s administrative support is provided , the members of any consortium wishing to participate in an action shall appoint one of them to act as coordinator , which shall be identified in the agreement . the coordinator shall be the principal point of contact between the members of the consortium in relations with the commission or the relevant funding body , unless specified otherwise in the agreement or in the event of non - compliance with its obligations under the agreement .


### award criteria ### selection criteria


### actions proposed for funding under the programme shall be evaluated on the basis of the following cumulative criteria : ### actions proposed for inclusion in the programme and eligible for administrative support shall be evaluated on the basis of the following cumulative criteria :


### viability notably via a demonstration by the beneficiaries that the remaining costs of the eligible action are covered by other means of financing such as member states’ contributions ; and ### viability notably via a demonstration by the participants that the costs of the eligible action are covered by means of financing such as member states’ contributions and the athena mechanism ; and


### for actions described in points to of article 6 , the contribution to the competitiveness of the european defence industry through the demonstration by the beneficiaries that member states have committed to jointly produce and procure the final product or technology in a coordinated way , including joint procurement where applicable . ### for actions described in points to of article 6 , the contribution a more efficient and integrated european defence industry inter alia through the demonstration by the participants that member states have committed to jointly produce and procure the final product or technology in a coordinated way , including joint procurement where applicable .


### the work programme shall set out in detail the categories of projects to be funded under the programme ; ### the work programme shall set out in detail the categories of projects to be included in the programme as well as the commitment of the member states for financing their implementation ; ;


### to support greater efficiency and effectiveness of future union policy actions , the commission shall draw up a retrospective evaluation report and send it to the european parliament and to the council . the report - building on relevant consultations of member states and key stakeholders - shall notably assess the progress made towards the achievement of objectives set out in article 2 . it shall also analyse cross border participation of smes in projects implemented under the programme as well as the participation of smes to the global value chain . ### to support greater efficiency and effectiveness of future union policy actions , the commission shall draw up a retrospective evaluation report and send it to the european parliament and to the council . the report - building on relevant consultations of member states and key stakeholders - shall notably assess the progress made towards the achievement of objectives set out in article 2 and shall be send to parliament and to the council every six months . it shall also analyse cross border participation of smes in projects implemented under the programme as well as the participation of smes to the global value chain .


### this regulation respects fundamental rights and observes the principles recognised by the charter of fundamental rights of the european union , in particular the protection in the event of removal , expulsion or extradition provided for in article 19 of the charter . ### this regulation respects the fundamental rights and observes the principles recognised by the charter of fundamental rights of the european union , in particular the protection in the event of removal , expulsion or extradition provided for in article 19 of the charter . this regulation should apply without prejudice to the right to an effective remedy and to a fair trial as provided for in article 47 of the charter and to the right to asylum as provided for in article 18 of the charter .


### throughout the economic and financial crisis , the union has made efforts to promote growth , in particular through initiatives set out in the europe 2020 strategy that put in place an approach for smart , sustainable and inclusive growth . the european investment bank has also strengthened its role in instigating and promoting investment within the union , partly by way of an increase in capital in january 2013 . further action is required to ensure that the investment needs of the union are addressed and that the liquidity available on the market is used efficiently and channelled towards the funding of viable investment projects . ### throughout the economic and financial crisis , the union has made efforts to promote growth , in particular through initiatives set out in the europe 2020 strategy that put in place an approach for smart , environmentally sustainable and socially inclusive growth . the european investment bank has also strengthened its role in instigating and promoting investment within the union , partly by way of an increase in capital in january 2013 . further action is required to ensure that the investment needs of the union are addressed and that the liquidity available on the market is used efficiently and channelled towards the funding of viable and environmentally sustainable investment projects .


### many small and medium enterprises , as well as mid - cap companies , across the union require assistance to attract market financing , especially as regards investments that carry a greater degree of risk . the efsi should help these businesses to overcome capital shortages by allowing the eib and the european investment fund to provide direct and indirect equity injections , as well as to provide guarantees for high - quality securitisation of loans , and other products that are granted in pursuit of the aims of the efsi . ### many micro , small and medium enterprises across the union require assistance to attract market financing , especially as regards investments with greater environmental and societal value added . the efsi should help these businesses to overcome capital shortages by allowing the eib and the european investment fund to provide direct and indirect equity injections , as well as to provide guarantees for high - quality securitisation of loans , and other products that are granted in pursuit of the aims of the efsi .


### the efsi should be established within the eib in order to benefit from its experience and proven track record and in order for its operations to start to have a positive impact as quickly as possible . the work of the efsi on providing finance to small and medium enterprises and small mid - cap companies should be channelled through the european investment fund to benefit from its experience in these activities . ### the efsi should be established within the eib in order to benefit from its experience and proven track record and in order for its operations to start to have a positive impact as quickly as possible . the work of the efsi on providing finance to micro , small and medium enterprises committed to environmentally and socially sustainable and inclusive activities should be channelled through the european investment fund to benefit from its experience in these activities .


### decisions on the use of the efsi support for infrastructure and large mid - cap projects should be made by an investment committee . the investment committee should be composed of independent experts who are knowledgeable and experienced in the areas of investment projects . the investment committee should be accountable to a steering board of the efsi , who should supervise the fulfilment of the efsi ' s objectives . to effectively benefit from the experience of the eif , the efsi should support funding to the eif to allow the eif to undertake individual projects in the areas of small and medium enterprises and small mid - cap companies . ### decisions on the use of the efsi support for infrastructure and large mid - cap projects should be made by an investment committee . the investment committee should be composed of independent experts who are knowledgeable and experienced in the areas of investment projects in the green and circular economy . the investment committee should be accountable to a steering board of the efsi , who should supervise the fulfilment of the efsi ' s objectives . to effectively benefit from the experience of the eif , the efsi should support funding to the eif to allow the eif to undertake individual projects in the areas of small and medium enterprises and small mid - cap companies with high environmental and societal value added .


### although the projects identified under the project pipeline may be used by the eib in the identification and selection of efsi supported projects , the project pipeline should have a broader scope of identifying projects across the union . this scope may include projects that are capable of being fully financed by the private sector or with the assistance of other instruments provided at european or national level . the efsi should be able to support financing and investment to projects identified by the project pipeline , but there should be no automaticity between inclusion on the list and access to efsi support and the efsi be conferred with discretion to select and support projects that are not included on the list . ### although the projects identified under the project pipeline may be used by the eib in the identification and selection of environmentally sustainable efsi supported projects , the project pipeline should have a broader scope of identifying environmentally sustainable projects across the union . this scope may include projects that are capable of being fully financed by the private sector or with the assistance of other instruments provided at european or national level . the efsi should be able to support financing and investment to environmentally sustainable projects identified by the project pipeline , but there should be no automaticity between inclusion on the list and access to efsi support and the efsi be conferred with discretion to select and support projects that are not included on the list .


### the commission shall conclude an agreement with the european investment bank on the establishment of a european fund for strategic investments . ### the commission shall conclude an agreement with the european investment bank on the establishment of a european fund for strategic investments that are environmentally sustainable .


### the efsi agreement shall provide that there is a clear distinction between operations carried out with the efsi support and other operations of the eib . ### the efsi agreement shall provide that there is a clear distinction between operations carried out with the efsi support and other operations of the eib . such additionality shall be ensured by the steering board on the basis of the risk profile of the efsi and on the fulfilment of the policy objectives set in art . 5 .


### the efsi agreement shall provide that the efsi shall be governed by a steering board , which shall determine the strategic orientation , the strategic asset allocation and operating policies and procedures , including the investment policy of projects that efsi can support and the risk profile of the efsi , in conformity with the objectives under article 5 . the steering board shall elect one of its members to be chairperson . ### the efsi agreement shall provide that the efsi shall be governed by a steering board , which shall determine the strategic orientation , the strategic asset allocation and operating policies and procedures , including the investment policy of projects that efsi can support and the risk profile of the efsi with an appropriate risk sharing between private investors and eu taxpayers , in conformity with the objectives under article 5 and to ensure sustainability of the projects . the steering board shall operate in a fully transparent manner and elect one of its members to be chairperson .


### the investment committee shall be composed of six independent experts and the managing director . independent experts shall have a high level of relevant market experience in project finance and be appointed by the steering board for a renewable fixed term of three years . ### the green and circular economy investment committee shall be composed of six independent experts and the managing director . independent experts shall have a high level of relevant market experience in high environmental and societal value added project finance and be appointed by the steering board for a renewable fixed term of three years .


### in addition , the eu guarantee shall be granted for support of dedicated investment platforms and national promotional banks , via the eib , that invest in operations meeting the requirements of this regulation . in that case , the steering board shall specify policies regarding eligible investment platforms . ### in addition , the eu guarantee shall be granted for support of green and circular economy development dedicated investment platforms and national promotional banks , via the eib , that invest in operations meeting the requirements of this regulation . in that case , the steering board shall specify policies regarding eligible investment platforms .


### any surplus shall be paid in one transaction to a special heading in the statement of revenue in the general budget of the european union of the year n + 1 , ### any surplus shall be paid in one transaction to a special heading in the statement of revenue in the general budget of the european union of the year n + 1 , and shall be reallocated to programmes which envelopes might have been reduced to finance the guarantee fund , as referred to in paragraph 5a , in order to compensate these losses ;


### the commission and the eib , with support from the member states , shall promote the creation of a transparent pipeline of current and potential future investment projects in the union . the pipeline is without prejudice to the final projects selected for support according to article 3 . ### the commission and the eib , with support from the member states , shall promote the creation of a transparent pipeline of environmentally sustainable current and potential future investment projects in the union . the pipeline is without prejudice to the final projects selected for support according to article 3 .


### the commission and the eib shall develop , update and disseminate , on a regular and structured basis , information on current and future investments which significantly contribute to achieving eu policy objectives . ### the commission and the eib shall develop , update and disseminate , on a regular and structured basis , information on current and future investments which significantly contribute to achieving eu 2050 policy objectives on climate change , protection of the environment and biodiversity , and sustainable use of natural resources .


### the commission and the eib shall develop , update and disseminate , on a regular and structured basis , information on current and future investments which significantly contribute to achieving eu policy objectives . ### the commission and the eib shall develop , update and disseminate , on a yearly and structured basis , information on current and future investments which significantly contribute to achieving eu policy objectives .


### member states shall develop , update and disseminate , on a regular and structured basis , information on current and future investment projects in their territory . ### member states shall develop , update and disseminate , on a regular and structured basis , information on current and future green and circular economy investment projects in their territory .


### member states shall develop , update and disseminate , on a regular and structured basis , information on current and future investment projects in their territory . ### member states shall develop , update and disseminate , on a yearly and structured basis , information on current and future investment projects in their territory .


### an assessment of the added value , the mobilisation of private sector resources , the estimated and actual outputs , outcomes and impact of eib financing and investment operations at an aggregated basis ; ### an assessment of the added environmental and societal value , the mobilisation of private sector resources , the estimated and actual outputs , outcomes and impact of eib financing and investment operations at an aggregated basis ;


### in accordance with its own transparency policies on access to documents and information , the eib shall make publicly available on its website information relating to all eib financing and investment operations and how they contribute to the general objectives referred to in article 5 . ### the eib shall make information on projects submitted for funding publically available on its website in order to ensure there is a public consultation on their eligibility in terms of compliance with the principles of environmental and social sustainability . for approved projects , the eib shall publish on its website all eib financing and investment operations and how they contribute to the general objectives referred to in article 5 .


### transport sector : eur 23 550 582 000 , of which eur 11 305 500 000 shall be transferred from the cohesion fund to be spent in line with this regulation exclusively in member states eligible for funding from the cohesion fund ; ### sustainable transport sector : eur 23 550 582 000 , of which eur 11 305 500 000 shall be transferred from the cohesion fund to be spent in line with this regulation exclusively in member states eligible for funding from the cohesion fund ;


### proposal for a directive of the european parliament and of the council on the re - use of public sector information ### proposal for a directive of the european parliament and of the council on open data and the re - use of public sector information


### the substantive changes introduced to the legal text so as to fully exploit the potential of public sector information for the european economy and society focus on the following areas : the provision of real - time access to dynamic data via adequate technical means , increasing the supply of high - value public data for re - use , including from public undertakings , research performing organisations and research funding organisations , tackling the emergence of new forms of exclusive arrangements , the use of exceptions to the principle of charging the marginal cost and the relationship between this directive and certain related legal instruments , including directive 96 / 9 / ec31 and directive 2007 / 2 / ec of the european parliament and of the council32 . _________________ 31 directive 96 / 9 / ec of the european parliament and of the council of 11 march 1996 on the legal protection of databases . 32 directive 2007 / 2 / ec of the european parliament and of the council of 14 march 2007 establishing an infrastructure for spatial information in the european community . ### the substantive changes introduced to the legal text so as to fully exploit the potential of public sector information for the european economy and society focus on the following areas : the provision of real - time access to dynamic data via adequate technical means , increasing the supply of high - value public data for re - use , including from public undertakings , research performing organisations and research funding organisations , tackling the emergence of new forms of exclusive arrangements , the use of exceptions to the principle of charging the marginal cost and the relationship between this directive and certain related legal instruments , including directive 96 / 9 / ec31 , directive 2003 / 4 / ec31a , and directive 2007 / 2 / ec of the european parliament and of the council32 and regulation 2016 / 67932a . _________________ 31 directive 96 / 9 / ec of the european parliament and of the council of 11 march 1996 on the legal protection of databases . 31a directive 2003 / 4 / ec of the european parliament and of the council of 28 january 2003 on public access to environmental information and repealing council directive 90 / 313 / eec . 32a 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 .


### allowing re - use of documents held by a public sector body adds value for the re - users , for the end users and for society in general and in many cases for the public body itself , by promoting transparency and accountability and providing feedback from re - users and end users which allows the public sector body concerned to improve the quality of the information collected . ### allowing access to and re - use of documents held by a public sector body adds value for the re - users , for the end users and for society in general and in many cases for the public body itself , by promoting transparency and accountability and providing feedback from re - users and end users which allows the public sector body concerned to improve the quality of the information collected .


### there are considerable differences in the rules and practices in the member states relating to the exploitation of public sector information resources , which constitute barriers to bringing out the full economic potential of this key document resource . practice in public sector bodies in exploiting public sector information continues to vary among member states . that should be taken into account . minimum harmonisation of national rules and practices on the re - use of public sector documents should therefore be undertaken , in cases where the differences in national regulations and practices or the absence of clarity hinder the smooth functioning of the internal market and the proper development of the information society in the community . ### there are considerable differences in the rules and practices in the member states relating to the exploitation of public sector information resources , which constitute barriers to bringing out the full economic potential of this key document resource . practice in public sector bodies in exploiting public sector information continues to vary among member states . that should be taken into account . minimum harmonisation of national rules and practices on the access to and re - use of public sector documents should therefore be undertaken , in cases where the differences in national regulations and practices or the absence of clarity hinder the smooth functioning of the internal market and the proper development of the information society in the community .


### open data policies which encourage the wide availability and re - use of public sector information for private or commercial purposes , with minimal or no legal , technical or financial constraints , and which promote the circulation of information not only for economic operators but also for the public , can play an important role in kick - starting the development of new services based on novel ways to combine and make use of such information , stimulate economic growth and promote social engagement . ### member states should ensure the creation of data based on the principle of ' open by design and by default ' , with regard to all documents falling in the scope of this directive , while ensuring a consistent level of protection of public interest objectives , such as public security , including where sensitive information related to critical infrastructures are concerned ; and while ensuring the protection of personal data , including where information in an individual dataset may not present a risk of identifying or singling out a natural person , but when combined with other available information , could entail such risk . open data policies ensuring the findability , accessibility , interoperability and re - usability , and encouraging the wide availability and re - use of public sector information for private or commercial purposes , with minimal or no legal , technical or financial constraints , and which promote the circulation of information not only for economic operators but also for the public , can play an important role in promoting the development of new services based on novel ways to combine and make use of such information , stimulate economic growth and promote social engagement . interoperability , open standards and open data should therefore be implemented at the level of each member state’s administration . at the same time , the commission should facilitate the cooperation among member states and support the design , testing , implementation and deployment of interoperable electronic interfaces that will enable more efficient and secure public services .


### a general framework for the conditions governing re - use of public sector documents is needed in order to ensure fair , proportionate and non - discriminatory conditions for the re - use of such information . public sector bodies collect , produce , reproduce and disseminate documents to fulfil their public tasks . use of such documents for other reasons constitutes a re - use . member states ' policies can go beyond the minimum standards established in this directive , thus allowing for more extensive re - use . ### a general framework for the conditions governing access to and re - use of public sector documents is needed in order to ensure fair , proportionate and non - discriminatory conditions for the re - use of such documents . public sector bodies collect , produce , reproduce and disseminate documents to fulfil their public tasks . use of such documents for other reasons constitutes a re - use . member states ' policies can go beyond the minimum standards established in this directive , thus allowing for more extensive re - use .


### this directive should apply to documents that are made accessible for re - use when public sector bodies license , sell , disseminate , exchange or give out information . to avoid cross - subsidies , re - use should include further use of documents within the organisation itself for activities falling outside the scope of its public tasks . activities falling outside the public task will typically include supply of documents that are produced and charged for exclusively on a commercial basis and in competition with others in the market . ### this directive should apply to documents that are made available for re - use when public sector bodies commission the production of , or license , sell , disseminate , exchange or give out information . to avoid cross - subsidies , re - use should include further use of documents within the organisation itself for activities falling outside the scope of its public tasks . activities falling outside the public task will typically include supply of documents that are produced and charged for exclusively on a commercial basis and in competition with others in the market .


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


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


### the means of redress should include the possibility of review by an impartial review body . that body could be an already existing national authority , such as the national competition authority , the national access to documents authority or a national judicial authority . that body should be organised in accordance with the constitutional and legal systems of member states and should not prejudge any means of redress otherwise available to applicants for re - use . it should however be distinct from the member state mechanism laying down the criteria for charging above marginal costs . the means of redress should include the possibility of review of negative decisions but also of decisions which , although permitting re - use , could still affect applicants on other grounds , notably by the charging rules applied . the review process should be swift , in accordance with the needs of a rapidly changing market . ### the means of redress should include the possibility of review by an impartial review body . that body could be an already existing national authority , such as the national competition authority , the national access to documents authority or a national judicial authority . that body should be organised in accordance with the constitutional and legal systems of member states and should not prejudge any means of redress otherwise available to applicants for access to and re - use . it should however be distinct from the member state mechanism laying down the criteria for charging above marginal costs . the means of redress should include the possibility of review of negative decisions but also of decisions which , although permitting re - use , could still affect applicants on other grounds , notably by the charging rules applied . the review process should be swift , in accordance with the needs of a rapidly changing market .


### tools that help potential re - users to find documents available for re - use and the conditions for re - use can facilitate considerably the cross - border use of public sector documents . member states should therefore ensure that practical arrangements are in place that help re - users in their search for documents available for re - use . assets lists , accessible preferably online , of main documents , and portal sites that are linked to decentralised assets lists are examples of such practical arrangements . ### tools that help potential re - users to find documents available for re - use and the conditions for access to and re - use can facilitate considerably the cross - border use of public sector documents . member states should therefore ensure that practical arrangements are in place that help re - users in their search for documents available for re - use . assets lists , accessible preferably online , of main documents , and portal sites that are linked to decentralised assets lists are examples of such practical arrangements .


### this directive respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union , including the right to privacy , the protection of personal data , the right to property and the integration of persons with disabilities . nothing in this directive should be interpreted or implemented in a manner that is inconsistent with the european convention for the protection of human rights and fundamental freedoms . ### this directive respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union , including the right to privacy , the protection of personal data , the freedom of expression and information , the right to property and the integration of persons with disabilities . nothing in this directive should be interpreted or implemented in a manner that is inconsistent with the european convention for the protection of human rights and fundamental freedoms .


### subject to paragraph 2 member states shall ensure that documents to which this directive applies in accordance with article 1 shall be re - usable for commercial or non - commercial purposes in accordance with the conditions set out in chapters iii and iv . ### subject to paragraph 2 member states shall ensure that documents to which this directive applies in accordance with article 1 shall be given access to and re - usable for commercial or non - commercial purposes in accordance with the conditions set out in chapters iii and iv .


### for documents in which libraries , including university libraries , museums and archives hold intellectual property rights and for documents held by public undertakings , member states shall ensure that , where the re - use of such documents is allowed , these documents shall be re - usable for commercial or non - commercial purposes in accordance with the conditions set out in chapters iii and iv . ### for documents in which libraries , including university libraries , museums and archives hold intellectual property rights and for documents held by public undertakings , member states shall ensure that , where the access to and re - use of such documents is allowed , these documents shall be given access to and re - usable for commercial or non - commercial purposes in accordance with the conditions set out in chapters iii and iv .


### requests for re - use ### access to documents and requests for re - use


### requirements applicable to the processing of requests for re - use ### requirements applicable to the processing of requests for access to documents and re - use


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


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


### in the event of a negative decision , the public sector bodies shall communicate the grounds for refusal to the applicant on the basis of the relevant provisions of the access regime in that member state or of the national provisions adopted pursuant to this directive , in particular points to of article 1 or article 3 . where a negative decision is based on point of article 1 , the public sector body shall include a reference to the natural or legal person who is the rightholder , where known , or alternatively to the licensor from which the public sector body has obtained the relevant material . libraries , including university libraries , museums and archives shall not be required to include such a reference . ### in the event of a negative decision , the public sector bodies shall communicate within 20 working days the reasons for refusing , in full or in part , access to or re - use of a document in the form or format requested , to the applicant on the basis of the relevant provisions of the access regime in that member state or of the national provisions adopted pursuant to this directive , in particular points to of article 1 or article 3 . where a negative decision is based on point of article 1 , the public sector body shall include a reference to the natural or legal person who is the right holder , where known , or alternatively to the licensor from which the public sector body has obtained the relevant material . libraries , including university libraries , museums and archives shall not be required to include such a reference .


### re - use of documents shall be free of charge or limited to the marginal costs incurred for their reproduction , provision and dissemination , and &#8211 ; where applicable &#8211 ; anonymisation of personal data and measures taken to protect commercially confidential information . ### access to and the re - use of documents shall be free of charge .


### by way of exception , paragraph 1 shall not apply to the following : ### member states may decide not to apply paragraph 1 and 1a to the following :


### horizontal principles as set out in article 3 of the treaty on european union and in article 10 of the tfeu , including principles of subsidiarity and proportionality as set out in article 5 of the teu , should be respected in the implementation of the erdf and the cohesion fund , taking into account the charter of fundamental rights of the european union . member states should also respect the obligations of the un convention on the rights of persons with disabilities and ensure accessibility in line with its article 9 and in accordance with the union law harmonising accessibility requirements for products and services . member states and the commission should aim at eliminating inequalities and at promoting equality between men and women and integrating the gender perspective , as well as at combating discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . the funds should not support actions that contribute to any form of segregation . the objectives of the erdf and the cohesion fund should be pursued in the framework of sustainable development and the union ' s promotion of the aim of preserving , protecting and improving the quality of the environment as set out in articles 11 and 191 of the tfeu , taking into account the polluter pays principle . in order to protect the integrity of the internal market , operations benefitting undertakings shall comply with state aid rules as set out in articles 107 and 108 of the tfeu . ### horizontal principles as set out in article 3 of the treaty on european union and in article 10 of the tfeu , including principles of subsidiarity and proportionality as set out in article 5 of the teu , should be respected in the implementation of the erdf and the cohesion fund , taking into account the charter of fundamental rights of the european union . member states should also respect the obligations of the un convention on the rights of persons with disabilities and ensure accessibility in line with its article 9 and in accordance with the union law harmonising accessibility requirements for products and services . member states and the commission should aim at eliminating inequalities and at promoting equality between men and women and integrating the gender perspective , as well as at combating discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . the funds should not support actions that contribute to any form of segregation . the objectives of the erdf and the cohesion fund should be pursued in the framework of sustainable development and the union ' s promotion of the aim of preserving , protecting and improving the quality of the environment and combating climate change as set out in articles 11 and 191 of the tfeu , taking into account the polluter pays principle . in order to protect the integrity of the internal market , operations benefitting undertakings shall comply with state aid rules as set out in articles 107 and 108 of the tfeu .


### horizontal principles as set out in article 3 of the treaty on european union and in article 10 of the tfeu , including principles of subsidiarity and proportionality as set out in article 5 of the teu , should be respected in the implementation of the erdf and the cohesion fund , taking into account the charter of fundamental rights of the european union . member states should also respect the obligations of the un convention on the rights of persons with disabilities and ensure accessibility in line with its article 9 and in accordance with the union law harmonising accessibility requirements for products and services . member states and the commission should aim at eliminating inequalities and at promoting equality between men and women and integrating the gender perspective , as well as at combating discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . the funds should not support actions that contribute to any form of segregation . the objectives of the erdf and the cohesion fund should be pursued in the framework of sustainable development and the union ' s promotion of the aim of preserving , protecting and improving the quality of the environment as set out in articles 11 and 191 of the tfeu , taking into account the polluter pays principle . in order to protect the integrity of the internal market , operations benefitting undertakings shall comply with state aid rules as set out in articles 107 and 108 of the tfeu . ### horizontal principles as set out in article 3 of the treaty on european union and in article 10 of the tfeu , including principles of subsidiarity and proportionality as set out in article 5 of the teu , should be respected in the implementation of the erdf and the cohesion fund , taking into account the charter of fundamental rights of the european union . member states should also respect the obligations of the un convention on the rights of persons with disabilities and ensure accessibility in line with its article 9 and in accordance with the union law harmonising accessibility requirements for products and services . member states and the commission should aim at eliminating inequalities and at promoting equality between men and women and integrating the gender perspective , as well as at combating discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . the funds should not support actions that contribute to any form of segregation or exclusion . the objectives of the erdf and the cohesion fund should be pursued in the framework of sustainable development and the union ' s promotion of the aim of preserving , protecting and improving the quality of the environment as set out in articles 11 and 191 of the tfeu , taking into account the polluter pays principle . in order to protect the integrity of the internal market , operations benefitting undertakings shall comply with state aid rules as set out in articles 107 and 108 of the tfeu .


### the erdf should help to redress the main regional imbalances in the union and to reduce disparities between the levels of development of the various regions and the backwardness of the least favoured regions including those facing challenges due to the decarbonisation commitments . erdf support under the investment for jobs and growth goal should therefore be concentrated on key union priorities in line with policy objectives laid down in regulation 2018 / xxx [ new cpr ] . therefore support from the erdf should be concentrated on the policy objectives of ' a smarter europe by promoting innovative and smart economic transformation ' and ' a greener , low - carbon europe by promoting clean and fair energy transition , green and blue investment , the circular economy , climate adaptation and risk prevention and management ' . that thematic concentration should be attained at national level while allowing for flexibility at the level of individual programmes and between the three groups of member states formed according to respective gross national income . in addition , the methodology to classify member states should be set out in detail taking into account the specific situation of the outermost regions . ### the erdf should help to redress the main regional imbalances in the union and to reduce disparities between the levels of development of the various regions and the backwardness of the least favoured regions including those facing challenges due to the decarbonisation commitments . erdf support under the investment for jobs and growth goal should therefore be concentrated on key union priorities in line with policy objectives laid down in regulation 2018 / xxx [ new cpr ] . therefore support from the erdf should be concentrated on the policy objectives of ' a smarter europe by promoting innovative and smart economic transformation ' and ' a greener , zero - carbon europe by promoting clean and fair energy transition , green and blue investment , the circular economy , climate adaptation and risk prevention and management ' . that thematic concentration should be attained at national level while allowing for flexibility at the level of individual programmes and between the three groups of member states formed according to respective gross national income . in addition , the methodology to classify member states should be set out in detail taking into account the specific situation of the outermost regions .


### this regulation should set out the different types of activities the costs of which may be supported by means of investments from the erdf and the cohesion fund , under their respective objectives as set out in the tfeu . the cohesion fund should be able to support investments in the environment and in ten - t . with regard to the erdf , the list of activities should be simplified and it should be able to support investments in infrastructure , investments in relation to access to services , productive investments in sme ' s , equipment , software and intangible assets , as well as measures with regard to information , communication , studies , networking , cooperation , exchange of experiences and activities involving clusters . in order to support the programme implementation , both funds should also be able to support technical assistance activities . finally , in order to support provide for a broader range of interventions for interreg programmes , the scope should be enlarged to also include the sharing a broad range of facilities and human resources and costs linked to measures within the scope of the esf + . ### this regulation should set out the different types of activities the costs of which may be supported by means of investments from the erdf and the cohesion fund , under their respective objectives as set out in the tfeu . the cohesion fund should be able to support investments in the environment and in ten - t . with regard to the erdf , the list of activities should be simplified and it should be able to support investments in infrastructure , investments in relation to access to services , with a particular focus on disadvantaged , marginalised and segregated communities , productive investments in sme ' s , equipment , software and intangible assets , as well as measures with regard to information , communication , studies , networking , cooperation , exchange of experiences and activities involving clusters . in order to support the programme implementation , both funds should also be able to support technical assistance activities . finally , in order to support provide for a broader range of interventions for interreg programmes , the scope should be enlarged to also include the sharing a broad range of facilities and human resources and costs linked to measures within the scope of the esf + .


### promoting climate change adaptation , risk prevention and disaster resilience ; ### promoting climate change adaptation , risk prevention and disaster resilience , in particular eco - system based approaches ;


### enhancing biodiversity , green infrastructure in the urban environment , and reducing pollution ; ### enhancing biodiversity and green infrastructure , and reducing air , water , soil , noise and light pollution ;


### ' a europe closer to citizens by fostering the sustainable and integrated development of urban , rural and coastal areas and local initiatives ' by : ### ' a europe closer to citizens by fostering the sustainable and integrated development of urban , rural and coastal areas , urban - rural partnerships and local initiatives ' by :


### member states of group 1 shall allocate at least 85 % of their total erdf resources under priorities other than for technical assistance to po 1 and po 2 , and at least 60 % to po 1 ; ### member states of group 1 shall allocate at least&#160 ; 50 % of their total erdf resources under priorities other than for technical assistance to po 1 , and at least 40 % to po 2 ;


### member states of group 3 shall allocate at least 35 % of their total erdf resources under priorities other than for technical assistance to po 1 , and at least 30 % to po 2 . ### member states of group 3 shall allocate at least 40 % of their total erdf resources under priorities other than for technical assistance to po 1 , and at least 30 % to po 2 .


### member states of group 2 shall allocate at least 45 % of their total erdf resources under priorities other than for technical assistance to po 1 , and at least 30 % to po 2 ; ### member states of group 2 shall allocate at least 45 % of their total erdf resources under priorities other than for technical assistance to po 1 , and at least 35% to po 2 ;


### investments in access to services ; ### investments in access to services ; with a particular focus on disadvantaged , marginalised and segregated communities ;


### rco 22 - additional production capacity for renewable energy rco 97 – number of energy communities and renewable energy communities supported* ### rco 22 - additional production capacity for sustainable renewable energy rco 97 – number of energy communities and renewable sustainable energy communities supported*


### rcr 31 - total renewable energy produced rcr 32 – renewable energy : capacity connected to the grid * ### rcr 31 - total sustainable renewable energy produced rcr 32 – sustainable renewable energy : capacity connected to the grid *


### rcr 51 - population benefiting from measures for noise reduction ### rcr 51 - population benefiting from measures for air , water , soil , noise and light reduction


### rco 39 - systems for monitoring air pollution installed ### rco 39 - systems for monitoring air , water , soil , noise and light pollution installed


### the personal data provided by the applicant should be processed by the etias for the sole purposes of verifying in advance the eligibility criteria laid down in regulation 2016 / 39924 and assessing whether the applicant is likely to irregularly migrate , whether the entry of the applicant in the union could pose a threat to security or to public health in the union . _________________ 24 regulation 2016 / 399 of the european parliament and of the council of 9 march 2016 on a union code on the rules governing the movement of persons across borders . ### the personal data provided by the applicant should be processed by the etias for the sole purposes of verifying in advance the eligibility criteria laid down in regulation 2016 / 399 and assessing whether the entry of the applicant in the union could pose a threat to security in the union .


### the processing of personal data by the authorities of the member states for the purposes of the prevention , detection or investigation of terrorist offences or of other serious criminal offences pursuant to this regulation should be subject to a standard of protection of personal data under their national law which complies with [ directive 2016 / 680 ] 32 . _________________ 32 directive 2016 / 680 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 by competent authorities for the purposes of the prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties , and on the free movement of such data , and repealing council framework decision 2008 / 977 / jha . ### the processing of personal data by the etias national units for the purposes of the prevention of threats to public security pursuant to this regulation should be subject to a standard of protection of personal data under their national law which complies with [ directive 2016 / 680 ] 32 . _________________ 32 directive 2016 / 680 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 by competent authorities for the purposes of the prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties , and on the free movement of such data , and repealing council framework decision 2008 / 977 / jha .


### this regulation establishes a ' european travel information and authorisation system ' for third country nationals exempt from the requirement to be in possession of a visa when crossing the external borders enabling to determine whether their presence in the territory of the member states does not pose an irregular migration , security or public health risk . for this purpose a travel authorisation and the conditions and procedures to issue or refuse it are introduced . ### this regulation establishes a ' european travel information and authorisation system ' for third country nationals exempt from the requirement to be in possession of a visa when crossing the external borders enabling to assess whether their presence in the territory of the member states does not pose a threat to security . for this purpose a travel authorisation and the conditions and procedures to issue or refuse it are introduced .


### ' travel authorisation ' means a decision issued in accordance with this regulation indicating that there are no factual indications or reasonable grounds to conclude that the presence of the person on the territory of the member states poses an irregular migration , security or public health risk and which is a requirement for third country nationals referred to in article 2 to fulfil the entry condition laid down in article 6 of regulation 2016 / 399 . ### ' travel authorisation ' means a decision issued in accordance with this regulation indicating that there are no reasonable grounds based on factual indications to conclude that the presence of the person on the territory of the member states poses a threat to security or public health and which is a requirement for third country nationals referred to in article 2 to fulfil the entry condition laid down in article 6 of regulation 2016 / 399 .


### contribute to a high level of security by providing for a thorough security risk assessment of applicants , prior to their arrival at the external borders crossing points , in order to determine whether there are factual indications or reasonable grounds to conclude that the presence of the person on the territory of the member states poses a security risk ; ### contribute to a high level of security by providing for a thorough security threat assessment of applicants , prior to their arrival at the external borders crossing points , in order to determine whether there are reasonable grounds based on factual indications to conclude that the presence of the person on the territory of the member states poses a threat to security ;