### a review of the regulation should be undertaken after the regulation has been in force for a period of time , in order to assess , among others , to what extent the cross - border provision of ancillary online services has increased to the benefit of european consumers and hence also to the benefit of improved cultural diversity in the union . ### a review of the regulation should be undertaken after the regulation has been in force for a period of time , in order to assess , among others , to what extent the cross - border provision of online services has increased to the benefit of european consumers and hence also to the benefit of improved cultural diversity in the union . this review should be coordinated with provisions aimed at improving the cross - border accessibility of content on video - on - demand platforms that were included in article 10 of directive 2017 / . . . of the european parliament and of the council1a , in the form of a dispute resolution mechanism . should this mechanism not lead to a significant increase in the cross - border availability of content on video - on - demand platforms , the inclusion of these services in the scope of this regulation should be considered . _______________ 1a proposal for a directive of the european parliament and of the council on copyright in the digital single market , com0593 .


### ' ancillary online service ' means an online service consisting in the provision to the public , by or under the control and responsibility of a broadcasting organisation , of radio or television programmes simultaneously with or for a defined period of time after their broadcast by the broadcasting organisation as well as of any material produced by or for the broadcasting organisation which is ancillary to such broadcast ; ### ' online service ' means an online service consisting in the provision to the public , by or under the control and responsibility of a broadcasting organisation , of radio or television programmes simultaneously with , before , during or after their broadcast by the broadcasting organisation as well as of any material produced , co - produced or commissioned by or for the broadcasting organisation or licenced to it and any service by the broadcasting organisation providing access to works under the editorial responsibility of the broadcasting organisation ;


### ' retransmission ' means any simultaneous , unaltered and unabridged retransmission , other than cable retransmission as defined in directive 93 / 83 / eec and other than retransmission provided over an internet access service as defined in regulation 2015 / 2120 of the european parliament and of the council19 , intended for reception by the public of an initial transmission from another member state , by wire or over the air , including that by satellite but excluding online transmission , of television or radio programmes intended for the reception by the public , provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made . __________________ 19 regulation 2015 / 2120 of the european parliament and of the council of 25 november 2015 laying down measures concerning open internet access and amending directive 2002 / 22 / ec on universal service and users’ rights relating to electronic communications networks and services and regulation no 531 / 2012 on roaming on public mobile communications networks within the union , oj l 310 , 26 . 11 . 2015 , p . 1 . ### ' retransmission ' means any unaltered retransmission , other than cable retransmission as defined in directive 93 / 83 / eec , intended for reception by the public of an initial transmission from another member state , by wire or over the air , including that by satellite , of television or radio programmes intended for the reception by the public , provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made .


### the acts of communication to the public and of making available occurring when providing an ancillary online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction which are necessary for the provision of , the access to or the use of the ancillary online service shall , for the purposes of exercising copyright and related rights relevant for these acts , be deemed to occur solely in the member state in which the broadcasting organisation has its principal establishment . ### the acts of communication to the public and of making available occurring when providing an online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction which are necessary for the provision of , the access to or the use of the online service shall , for the purposes of exercising copyright and related rights relevant for these acts , be deemed to occur solely in the member state in which the broadcasting organisation has its principal establishment . any disputes over the exercise of these rights shall fall under the jurisdiction of that member state .


### when fixing the amount of the payment to be made for the rights subject to the country of origin principle as set out in paragraph 1 , the parties shall take into account all aspects of the ancillary online service such as the features of the ancillary online service , the audience , and the language version . ### when fixing the amount of the payment to be made for the rights subject to the country of origin principle as set out in paragraph 1 , the parties shall take into account all aspects of the online service such as the features of the online service , the audience , the potential audience and all language versions .


### this directive should not prejudice the right of each member state to decide on the standard time or times for the territories under its jurisdiction and falling under the territorial scope of the treaties , and on further changes thereto . however , in order to ensure that the application of summer - time arrangements by some member states only does not disrupt the functioning of the internal market , member states should refrain from changing the standard time in any given territory under their jurisdiction for reasons related to seasonal changes , be such change presented as a change of time zone . moreover , in order to minimise disruptions , inter alia , to transport , communications and other concerned sectors , they should notify the commission in due time of their intention to change their standard time and subsequently apply the notified changes . the commission should , on the basis of that notification , inform all other member states so that they can take all necessary measures . it should also inform the general public and stakeholders by publishing this information . ### this directive should not prejudice the right of each member state to decide on the standard time or times for the territories under its jurisdiction and falling under the territorial scope of the treaties , and on further changes thereto . however , in order to avoid any significant disruptions of the functioning of the internal market , member states should refrain from changing the standard time in any given territory under their jurisdiction for reasons related to seasonal changes , be such change presented as a change of time zone . moreover , in order to minimise disruptions , inter alia , to transport , communications and other concerned sectors , member states that intend to change their standard time should notify the commission in due time of their intention to allow for coordination . the commission should inform the general public and stakeholders by publishing this information . it should also assess the impact on the functioning of the internal market of the envisaged changes of standard time .


### within 1 month of the notification , the commission shall inform the other member states thereof and publish that information in the official journal of the european union . ### not later than 10 april 2020 , the commission shall publish all notifications that it has received in the official journal of the european union .


### the member states shall ensure that the information from strategic noise maps and summaries of the action plans as referred to in annex vi are sent to the commission within six months of the dates laid down in articles 7 and 8 respectively . for that purpose , member states shall only report the information electronically to the data repository to be established in accordance with the regulatory procedure with scrutiny referred to in article 13 . in case a member state wants to update information , it shall describe the differences between the updated and original information and the reasons for the update when making the updated information available to the data repository . ### the member states shall ensure that the information from strategic noise maps and summaries of the action plans as referred to in annex vi are sent to the commission within six months of the dates laid down in articles 7 and 8 respectively . for that purpose , member states shall only report the information electronically to the data repository . in case a member state wants to update information , it shall describe the differences between the updated and original information and the reasons for the update when making the updated information available to the data repository . the commission shall adopt delegated acts in accordance with article 10a to supplement this directive concerning the setting up of the data repository .


### ' the commission , assisted by the european environment agency , shall develop a mandatory digital information exchange mechanism to share the information from the strategic noise maps and summaries of action plans , as referred to in article 10 in accordance with the regulatory procedure with scrutiny referred to in article 13 . ### the commission , assisted by the european environment agency , shall adopt delegated acts in accordance with article 10a to supplement this directive concerning the development of a mandatory digital information exchange mechanism to share the information from the strategic noise maps and summaries of action plans , as referred to in article 10 .


### the commission shall , at regular intervals , carry out an evaluation of this directive . the evaluation shall be based , inter alia , on the following elements : ### the commission shall , no later than 1 january 2021 and at least every three years thereafter , carry out an evaluation of this directive . the evaluation shall be based , inter alia , on the following elements :


### member states shall forward to the commission every six years , at the same time as the report drawn up pursuant to article 17 of council directive 92 / 43 / eec* , a report on the implementation of the measures taken under this directive and the main impacts of these measures . this report shall include in particular information concerning the status and trends of wild bird species protected by this directive , the threats and pressures on them , the conservation measures taken for them and the contribution of the network of special protection areas to the objectives laid out in article 2 of this directive . ' ; ### member states shall forward to the commission every six years , at the same time as the report drawn up pursuant to article 17 of council directive 92 / 43 / eec* , a report on the implementation of the measures taken under this directive and the main impacts of these measures . that report shall be made accessible to the public and shall include in particular information concerning the status and trends of wild bird species protected by this directive , the threats and pressures on them , the conservation measures taken for them and the contribution of the network of special protection areas to the objectives laid out in article 2 of this directive .


### the commission , assisted by the european environment agency , shall prepare every six years a composite report based on the information referred to in paragraph 1 . . ### the commission , assisted by the european environment agency , shall publish every six years a composite report based on the information referred to in paragraph 1 .


### the commission services shall publish a union overview on the basis of the data submitted by the member states . ### no later than 6 months after the submission by the member states of the data referred to in the second subparagraph , the commission services shall publish a union overview on the basis of that data .


### the commission shall establish a common format and information content for submitting the information referred to in paragraphs 1 , 2 and 3 in accordance with the regulatory procedure referred to in article 56 . ; ### the commission shall establish a common format and information content for submitting the information referred to in paragraphs 1 , 2 and 3 in accordance with the examination procedure referred to in article 56 .


### where reference is made to this paragraph , articles 5 and 7 of decision 1999 / 468 / ec shall apply , having regard to the provisions of article 8 thereof . ### 2 a . in article 56 , paragraph 3 is replaced by the following : 3 . where reference is made to this paragraph , article 5 of regulation no 182 / 2011 shall apply .


### where reference is made to this paragraph , articles 5 and 7 of decision 1999 / 468 / ec shall apply , having regard to the provisions of article 8 thereof . the period laid down in article 5 of decision 1999 / 468 / ec shall be set at three months . as regards the committee ' s tasks referred to in points 1 and 2 of article 19 , if , on the expiry of a period of three months from the date of referral to the council , the council has not acted , the proposed measures shall be adopted by the commission . ### 1 a . in article 18 , paragraph 2 is replaced by the following : 2 . where reference is made to this paragraph , article 5 of regulation no 182 / 2011 shall apply .


### by 3 december 2015 and every six years thereafter , the commission shall , on the basis of information on and experience with the application of this regulation , review the functioning and effectiveness of this regulation , including in preventing illegally harvested timber or timber products derived from such timber being placed on the market . it shall in particular consider the administrative consequences for small and medium - sized enterprises and product coverage . the commission shall report to the european parliament and to the council on the results of the review and accompany such reports , if necessary , by appropriate legislative proposals . ### by 3 december 2015 and every three years thereafter , the commission shall , on the basis of information on and experience with the application of this regulation , review the functioning and effectiveness of this regulation , including in preventing illegally harvested timber or timber products derived from such timber being placed on the market . it shall in particular consider the administrative consequences for small and medium - sized enterprises and product coverage . the commission shall report to the european parliament and to the council on the results of the review and accompany such reports , if necessary , by appropriate legislative proposals .


### by december 2021 and every 6 years thereafter , the commission shall , on the basis of information on and experience with the application of this regulation , review the functioning and effectiveness of this regulation . in doing so it should take into account the progress on implementation of the voluntary partnership agreements . the commission shall report to the european parliament and to the council on the result of the review and accompany such reports where appropriate , by proposals for improvement of the flegt licensing scheme . ### by december 2021 and every three years thereafter , the commission shall , on the basis of information on and experience with the application of this regulation , review the functioning and effectiveness of this regulation . in doing so it should take into account the progress on implementation of the voluntary partnership agreements . the commission shall report to the european parliament and to the council on the result of the review and accompany such reports where appropriate , by proposals for improvement of the flegt licensing scheme .


### without prejudice to article 20 , the management authorities of the member states shall , one year before each meeting of the conference of the parties to the convention , communicate to the commission all the information relating to the relevant preceding period required for drawing up the reports referred to in article viii . 7 of the convention and equivalent information on the provisions of this regulation that fall outside the scope of the convention . the information to be communicated and the format for its presentation shall be specified by the commission in accordance with the regulatory procedure referred to in article 18 . ### without prejudice to article 20 , the management authorities of the member states shall , one year before each meeting of the conference of the parties to the convention , communicate to the commission all the information relating to the relevant preceding period required for drawing up the reports referred to in article viii . 7 of the convention and equivalent information on the provisions of this regulation that fall outside the scope of the convention . the information to be communicated and the format for its presentation shall be specified by the commission in accordance with the examination procedure referred to in article 18 .


### a more connected europe by enhancing mobility and regional ict connectivity ; ### a better connected europe by enhancing sustainable transport and mobility , intermodality , interoperability and regional ict connectivity ;


### the demand for accessible products and services is high and the number of citizens with disabilities and / or functional limitations will increase significantly with the ageing of the european union’s population . an environment where products and services are more accessible allows for a more inclusive society and facilitates independent living . ### the demand for accessible products and services is high and the number of citizens with disabilities and / or functional limitations will increase significantly with the ageing of the european union’s population . an environment where products and services are more accessible allows for a more inclusive society and is an essential condition for independent living .


### this directive should follow the principle of ‘ think small first’ and should take account of the administrative burdens that smes are faced with . it should set light rules in terms of conformity assessment and should establish safeguard clauses for economic operators , rather than providing for general exceptions and derogations for those enterprises . consequently , when setting up the rules for the selection and implementation of the most appropriate conformity assessment procedures , the situation of smes should be taken into account and the obligations to assess conformity of accessibility requirements should be limited to the extent that they do not pose a disproportionate burden on smes . in addition , market surveillance authorities should operate in a proportionate manner in relation to the size of undertakings and to the small serial or non - serial nature of the production concerned , without creating unnecessary obstacles for smes and without compromising the protection of public interests . ### this directive should take account of the administrative burdens that smes are faced with . it should set light rules in terms of conformity assessment and should establish safeguard clauses for economic operators , rather than providing for general exceptions and derogations for those enterprises . consequently , when setting up the rules for the selection and implementation of the most appropriate conformity assessment procedures , the situation of smes should be taken into account and the obligations to assess conformity of accessibility requirements should not pose a disproportionate burden on smes . in addition , market surveillance authorities should operate in a proportionate manner in relation to the serial or non - serial nature of the production concerned , without compromising the protection of public interests .


### chapters i , ii to v , and vii apply to the following products : ### chapters i , ii to v , and vii apply , on a non - exclusive basis , to the following products :


### chapters i , ii to v , and vii , apply to the following services : ### chapters i , ii to v , and vii , apply on a non - exclusive basis to the following services :


### no later than [ 5 years from the date of start of application of implementing measures ] and every 7 years thereafter , the commission shall present to the european parliament , the council and the european economic and social committee a report on the application of this directive , including on whether additional measures to consolidate and strengthen the legal framework on restructuring , insolvency and second chance should be considered . ### no later than [ 3 years from the date of start of application of implementing measures ] and every 5 years thereafter , the commission shall present to the european parliament , the council and the european economic and social committee a report on the application and impact of this directive . on the basis of this assessment , the commission shall submit , if appropriate , a legislative proposal following the review of this directive , considering additional measures to consolidate and harmonise the legal framework on restructuring , insolvency and second chance , in particular in areas such as : the conditions for opening insolvency proceedings ; a common definition of insolvency ; the ranking of insolvency claims ; and avoidance actions .


### the agency shall create factual , legal and case law databases on the application and interpretation of union , national and international asylum instruments making use , in particular , of existing arrangements . no personal data shall be stored in such databases , unless such data has been obtained by the agency from documents that are publicly accessible . ### the agency shall create factual , legal and case law databases on the application and interpretation of union , national and international asylum instruments making use , in particular , of existing arrangements and in cooperation with relevant international organisations , non - governmental organisations , researchers and academics . no personal data shall be stored in such databases , unless such data has been obtained by the agency from documents that are publicly accessible .


### reception conditions , including special attention given to unaccompanied children and children with their families , vulnerable groups and victims of torture . ### reception conditions , including special attention and protection given to unaccompanied children and children with their families , vulnerable groups and victims of torture and victims of trafficking in human beings .


### the management board shall , in consultation with the commission , set the programme for monitoring and assessing the asylum and reception systems in each member state , or of all member states on the basis of thematic or specific aspects of the asylum systems . that programme shall form part of the multi - annual and annual programming referred to in article 41 . ### the agency shall , in consultation with the commission . the fundamental rights officer and the consultative forum , set the programme for monitoring and assessing the asylum and reception systems in each member state , or of all member states on the basis of thematic or specific aspects of the asylum systems . that programme shall form part of the multi - annual and annual programming referred to in article 41 .


### assist with the provision of information on the international protection procedure ; ### assist with the provision of information on the international protection procedure , including information on the rights of the applicant , appeal procedures , access to reception and referral mechanisms for vulnerable groups , unaccompanied children and children with their families , and produce ad - hoc informative leaflets concerning ceas provisions to be distributed to migrants and asylum seekers ;


### the executive director shall evaluate the result of the operational and technical measures and shall transmit detailed evaluation reports to the management board within 60 days from the end of those measures . the agency shall make a comprehensive comparative analysis of those results which shall be included in the annual activity report referred to in article 65 . ### the executive director shall evaluate the result of the operational and technical measures and shall transmit detailed evaluation reports to the management board within 60 days from the end of those measures , together with the observations of the fundamental rights officer . the agency shall make a comprehensive comparative analysis of those results which shall be included in the annual activity report referred to in article 65 .


### the agency shall contribute to the asylum support teams with experts from its own staff employed specifically for field work and interpreters . ### the agency shall contribute to the asylum support teams with experts from its own staff employed and trained specifically for field work and trained interpreters .


### a detailed and clear description of the tasks and special instructions for the asylum support teams or experts from the asylum intervention pool , including the national and european databases that they are authorised to consult and the equipment that they may use or carry in the host member state ; ### a detailed and clear description of the tasks , responsibilities and special instructions for the asylum support teams or experts from the asylum intervention pool , and for the members of the teams involved in activities of the agency , including the national and european databases that they are authorised to consult and the equipment that they may use or carry in the host member state ;


### regarding assistance with applications for international protection , including as regards the examination of such applications , specific information on the tasks that the asylum support teams or the experts from the asylum intervention pool may perform as well as reference to applicable national and union law ; ### regarding assistance with applications for international protection , including as regards the examination of such applications , specific information on the tasks that the asylum support teams or the experts from the asylum intervention pool may perform as well as a clear description of their responsibilities and accountability and reference to applicable national , international , human rights and union law ;


### procedures whereby persons in need of international protection , victims of trafficking in human beings , unaccompanied minors and persons in a vulnerable situation are directed to the competent national authorities for appropriate assistance . ### procedures whereby persons in need of international protection , victims of trafficking in human beings , victims of torture , victims of crime , unaccompanied minors and persons in a vulnerable situation are referred to the competent national authorities for appropriate assistance and protection .


### where experts of an asylum support team or from the asylum intervention pool are operating in a host member state , that member state shall be liable in accordance with its national law for any damage caused by them during their operations . ### where experts of an asylum support team or from the asylum intervention pool are operating in a host member state , that member state and the agency shall be jointly and severally liable in accordance with national and eu law for any damage caused by them during their operations . where experts of an asylum support team or from the asylum intervention pool are operating in a third country , the agency shall be liable for any damage caused by them during their activities .


### where such damage is caused by gross negligence or wilful misconduct , the host member state may address the home member state or the agency to obtain any sums it has paid to the victims or persons entitled on their behalf from the home member state or the agency . ### where such damage is caused by gross negligence or wilful misconduct , the host member state or the agency may address the home member state to obtain any sums it has paid to the victims or persons entitled on their behalf from the home member state or the agency .


### any dispute between member states or with the agency relating to the application of paragraphs 2 and 3 of this article which cannot be resolved by negotiations between them shall be submitted by them to the court of justice of the european union in accordance with article 273 of the treaty . ### any dispute between member states or between a member state and the agency relating to the application of paragraphs 1 , 2 and 3 of this article which cannot be resolved by negotiations between them shall be submitted by them to the court of justice of the european union in accordance with the treaties .


### when carrying out case sampling for the purposes of the monitoring exercise referred to in article 13 ; ### when carrying out case sampling for the purposes of the monitoring exercise referred to in article 13 , for this purpose limiting processing of personal data strictly to nationality , age and gender ;


### when handling applications for international protection from children or vulnerable persons , upon request of member states , as referred to in article 13 and article 16 and ; ### when assisting member states in handling applications for international protection from children or vulnerable persons , upon request of member states , as referred to in article 13 and article 16 and ;


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


### the agency shall cooperate with international organisations , in particular unhcr , in areas governed by this regulation , within the framework of working arrangements concluded with those bodies , in accordance with the treaty and the provisions on the competence of those bodies . the management board shall decide on the working arrangements which shall be subject to prior approval of the commission . ### the agency shall cooperate with international organisations , in particular unhcr , in areas governed by this regulation , within the framework of working arrangements concluded with those bodies , in accordance with the treaty and the provisions on the competence of those bodies . the management board shall decide on the working arrangements which shall be subject to prior approval of the commission . the agency shall inform the european parliament of any such arrangements .


### adopt an annual report on the situation of asylum in the union in accordance with article 65 . that report shall be presented to the european parliament , the council and the commission ; ### adopt an annual report on the situation of asylum in the union in accordance with article 65 . that report shall be presented to the european parliament , the council and the commission and shall be made public ;


### the multi - annual programming shall set the strategic areas of intervention and explain what needs to be done to achieve the objectives . it shall include the strategy for relations with third countries or international organisations referred to in articles 34 and 37 , respectively , and the actions linked to that strategy , as well as specification of associated resources . ### the multi - annual programming shall set the strategic areas of intervention and explain what needs to be done to achieve the objectives . it shall include the strategy for relations with third countries or international organisations referred to in articles 34 and 37 , respectively , and the actions linked to that strategy , as well as specification of associated resources . it shall also include the fundamental rights strategy , referred to in article xx , and the actions linked to that strategy , as well as specification of associated resources .


### the consultative forum shall constitute a mechanism for the exchange of information and sharing of knowledge . it shall ensure a close dialogue between the agency and relevant organisations or bodies as referred to in paragraph 1 and shall assist the executive director and the management board in matters covered by this regulation . ### the consultative forum shall constitute a mechanism for the exchange of information and sharing of knowledge . it shall ensure a close dialogue between the agency , fundamental rights officer , and relevant organisations or bodies as referred to in paragraph 1 and shall assist the executive director and the management board in matters covered by this regulation .


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


### by 31 march of the following financial year , the agency shall send the report on the budgetary and financial management to the european parliament , the council and the court of auditors . ### by 31 march of the following financial year , the agency shall send the report on the budgetary and financial management to the european parliament , the council and the court of auditors . the report shall provide details of expenditure for each of the tasks listed in article 2 .


### in the case of non - contractual liability , the agency shall , in accordance with the general principles common to the laws of the member states , make good any damage caused by its departments or by its staff in the performance of their duties . ### in the case of non - contractual liability , the agency shall , in accordance with the general principles common to the laws of the member states , make good any damage caused by its departments or by its staff in the performance of their duties . in cases referred to in article 26 the agency shall be liable for any damages caused by members of the teams during their operations , in particular , the damages caused by violations of fundamental rights .


### the agency shall draw up an annual activity report on the situation of asylum in the union , taking due account of information already available from other relevant sources . as part of that report , the agency shall evaluate the results of activities carried out under this regulation and make a comprehensive comparative analysis of them with the aim of improving the quality , consistency and effectiveness of the ceas . ### the agency shall draw up an annual activity report on the situation of asylum in the union , taking due account of information already available from other relevant sources . as part of that report , the agency shall evaluate , in cooperation with the fundamental rights officer and the consultative forum , the results of activities carried out under this regulation and make a comprehensive comparative analysis of them with the aim of improving the quality , consistency and effectiveness of the ceas .


### the purpose of the efsi should be to help resolve the difficulties in financing and implementing productive investments in the union and to ensure increased access to financing . it is intended that increased access to financing should be of particular benefit to small and medium enterprises . it is also appropriate to extend the benefit of such increased access to financing to mid - cap companies , which are companies having up to 3000 employees . overcoming europe ' s current investment difficulties should contribute to strengthening the union ' s economic , social and territorial cohesion . ### the purpose of the efsi should be to help resolve the difficulties in financing and implementing transformative investments in the union and to ensure increased access to financing . it is intended that increased access to financing should be of particular benefit to small and medium enterprises , including for the creation of start - ups and spin - offs from universities . it is also appropriate to extend the benefit of such increased access to financing to small mid - cap companies , which are companies having up to 500 employees . overcoming europe ' s current investment difficulties should contribute to strengthening the union ' s economic , social and territorial cohesion and support an energy and resource efficiency transition towards a sustainable , renewable - based circular economy .


### 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 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 , and monitored by a civil society platform for better investment who should both 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 .


### in order to allow for further increase in its resources , participation in the efsi should be open to third parties , including member states , national promotional banks or public agencies owned or controlled by member states , private sector entities and entities outside the union subject to the consent of existing contributors . third parties may contribute directly to the efsi and take part in the efsi governance structure . ### in order to reach the target of eur 315 billion within the shortest possible time , national promotional banks or institutions and investment platforms and funds , with support of the efsi guarantee , should play a prominent role in identifying viable projects , developing and , where appropriate , bundling projects , and attracting potential investors . in that context , it should be possible to establish macro - regional platforms to promote cross - border projects or a group of projects across member states in a regional perspective .


### the efsi agreement shall provide for the creation of a european investment advisory hub within the eib . the eiah shall have as its objective to build upon existing eib and commission advisory services in order to provide advisory support for investment project identification , preparation and development and act as a single technical advisory hub for project financing within the union . this shall include support on the use of technical assistance for project structuring , use of innovative financial instruments , use of public - private partnerships and advice , as appropriate , on relevant issues of eu legislation . ### the efsi agreement shall provide for the creation of a european investment advisory hub to deliver all the necessary support for development of investment projects as defined in article 5 within the eib . the eiah shall build upon existing eib and commission advisory services in order to provide advisory support for investment project identification , preparation and development and act as a technical advisory hub for project financing within the union . in delivering support , the eiah shall pay particular attention to the needs of small projects and projects promoted by cities and local governments . this shall include support on the use of technical assistance for project structuring , use of innovative financial instruments , use of public - private partnerships and advice , as appropriate , on relevant issues of eu legislation .


### the efsi agreement shall provide that the efsi shall have an investment committee , which shall be responsible for examining potential operations in line with the efsi investment policies and approving the support of the eu guarantee for operations in line with article 5 , irrespective of their geographic location . ### the efsi agreement shall provide that the efsi shall have an investment committee , which shall be responsible for examining potential operations in line with the efsi investment policies and approving the support of the eu guarantee for operations that are fully in line with objectives and criteria established in article 5 .


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


### consumers should be in the position to receive assistance from responsible authorities facilitating the resolution of conflicts with traders , arising from the application of this regulation , including by way of a uniform complaint form . ### customers should be in the position to receive assistance from responsible authorities facilitating the resolution of conflicts with traders , arising from the application of this regulation , including by way of a uniform complaint form .


### with respect to sales of books , the prohibition set out in paragraph 1 shall not preclude traders from applying different prices to customers in certain territories in so far as they are required to do so under the laws of member states in accordance with union law . ### with respect to sales of books , including their electronic version , the prohibition set out in paragraph 1 shall be without prejudice to specific legislation regarding pricing in their member states in accordance with union law .


### agreements imposing on traders obligations , in respect of passive sales , to act in violation of this regulation shall be automatically void . ### provisions imposing on traders obligations , in respect of passive sales , within the meaning of regulation no 330 / 2010 to act in violation of this regulation shall be automatically null and void .


### agreements imposing on traders obligations , in respect of passive sales , to act in violation of this regulation shall be automatically void . ### provisions imposing on traders obligations , in respect of passive sales , within the meaning of regulation 330 / 2010 to act in violation of this regulation shall be automatically null and void .


### in order to increase efficiency , achieve the greatest union added value and to ensure the consistency of the union’s response to foster the integration of third - country nationals , actions financed under the fund should be specific and complementary to actions financed under the european social fund plus and the european regional development fund . measures financed under this fund should support measures tailor - made to the needs of third - country nationals that are generally implemented in the early stage of integration , and horizontal actions supporting member states’ capacities in the field of integration , whereas interventions for third - country nationals with a longer - term impact should be financed under the erdf and esf + . ### to improve and reinforce the integration process in european societies , the fund should facilitate legal migration to the union in accordance with the economic and social needs of member states and anticipate the preparation of the integration process already in the country of origin of the third - country nationals coming to the union . actions in third countries should be fully coherent with the principle of policy coherence for development and the commitments for the achievements of the sustainable development goals .


### in this context , the authorities of the member states responsible for the implementation of the fund should be required to cooperate and establish coordination mechanisms with the authorities identified by member states for the purpose of the management of the interventions of the esf + and of the erdf and wherever necessary with their managing authorities and with the managing authorities of other union funds contributing to the integration of third - country nationals . ### in order to be efficient and achieve the greatest added value , the fund should pursue a more targeted approach , in support of consistent strategies specifically designed to promote the integration of third - country nationals at national , local and / or regional level , where appropriate . those strategies should be implemented mainly by local or regional authorities and non - state actors , while not excluding national authorities , in particular where the specific administrative organisation of a member state would so require , or where , in a member state , reception , integration and inclusion actions fall within a competence shared between the state and decentralised administration . the implementing organisations should choose the measures most appropriate to their particular situation from a range of measures available .


### considering the crucial role played by local and regional authorities and civil society organisations in the field of integration and to facilitate the access of these entities to funding at union level , the fund should facilitate the implementation of actions in the field of integration by local and regional authorities or civil society organisations , including through the use of the thematic facility and through a higher co - financing rate for these actions . ### considering the crucial role played by local and regional authorities and civil society organisations in the field of integration and to facilitate the direct access of these entities to funding at union level , the fund should facilitate the implementation of actions in the field of integration by local and regional authorities or civil society organisations , including through the use of the thematic facility and through a higher co - financing rate for these actions .


### the fund shall be open to third countries in accordance with the conditions laid down in a specific agreement covering the participation of the third country to the asylum and migration fund , provided that the agreement : ### the fund shall be open to neighbouring third countries which share a common land border with one or more member states and which have ratified and implement in full the european convention on human rights and the 1951 convention relating to the status of refugees and the1967 protocol thereto ; in accordance with the conditions laid down in a specific formal agreement covering the participation of the third country to the asylum , migration and integration fund , provided that the agreement :


### the thematic facility shall in particular , support actions falling under the implementation measure 2 of annex ii that are implemented by the local and regional authorities or civil society organisations . ### the thematic facility shall in particular , support actions falling under the implementation measure 2 of annex ii that are implemented by the local and regional authorities or civil society organisations . in that regard , a minimum of 10% of the financial envelope of the thematic facility shall be granted under direct or indirect management to local and regional authorities implementing integration actions .


### the contribution from the union budget shall not exceed 75 % of the total eligible expenditure of a project . ### the contribution from the union budget shall not exceed 80 % of the total eligible expenditure of a project . member states are encouraged to provide matching funds for activities supported by this fund .


### 50% in proportion to the number of third - country nationals who do not or no longer fulfil the conditions for entry and stay in the territory of the member state and who are subject to a return decision under national and / or community law , i . e . an administrative or judicial decision or act , stating or declaring the illegality of stay and imposing an obligation to return ; ### the number of third - country nationals who do not or no longer fulfil the conditions for entry and stay in the territory of the member state and who are subject to a final return decision under national and / or community law , i . e . an administrative or judicial decision or act , stating or declaring the illegality of stay and imposing an obligation to return ;


### the fund shall contribute to the specific objective set out in article 3 , by focusing on the following implementation measures : ### the fund shall contribute to the specific objective set out in article 3 , by focusing on the following implementation measure :


### supporting an integrated and coordinated approach to return management at the union and member states’ level , to the development of capacities for effective and sustainable return and reducing incentives for irregular migration ; ### supporting an integrated and coordinated approach to return management at the union and member states’ level , to the development of capacities for effective , dignified and sustainable return and reducing incentives for irregular migration through the establishment of adequate channels for legal migration ;


### strengthening cooperation with third countries and their capacities to implement readmission agreements and other arrangements , and enable sustainable return . ### strengthening cooperation with third countries to enable sustainable reintegration .


### enhancing the capacity of member states to collect , analyse and disseminate country of origin information ; ### enhancing the capacity of the eu asylum agency to collect , analyse and disseminate country of origin information ;


### assistance in relation to a change of status for third - country nationals already legally residing in a member state , in particular in relation to the acquisition of a legal residence status defined at union level ; ### assistance , including legal assistance , in relation to a change of status for third - country nationals already legally residing in a member state , in particular in relation to the acquisition of a legal residence status defined at union level ;


### introduction , development and improvement of effective alternative measures to detention , in particular in relation to unaccompanied minors and families ; ### introduction , development , implementation and improvement of effective alternative measures to detention based on individual coaching and case - management in the community , in particular in relation to unaccompanied minors and families ;


### measures aimed at raising awareness of the appropriate legal channels for immigration and the risks of illegal immigration ; ### measures aimed at raising awareness of the appropriate legal channels for migration ;


### member states should take measures to promote prevention of food waste in line with the 2030 agenda for sustainable development , adopted by the united nations general assembly on 25 september 2015 , and in particular its target of halving food waste by 2030 . these measures should aim to prevent food waste in primary production , in processing and manufacturing , in retail and other distribution of food , in restaurants and food services as well as in households . having regard to the environmental and economic benefits of preventing food waste , member states should establish specific food waste prevention measures and should measure progress in food waste reduction . to facilitate exchange of good practice across the eu both between member states and between food business operators , uniform methodologies for such measurement should be established . reporting on food waste levels should take place on a biennial basis . ### member states should take measures to promote prevention of food waste in line with the 2030 agenda for sustainable development , adopted by the united nations general assembly on 25 september 2015 , and in particular its target of reducing food waste by at least 50 % by 2030 . these measures should aim to prevent food waste at retail and consumer levels and reduce food losses along the production and supply chains , including intentionally non - harvested agricultural production and post - harvest losses , and in other distribution of food , in public and private organisations that sell or offer meals , and in restaurants and food services as well as in households . having regard to the environmental and economic benefits of preventing food waste , member states should establish specific food waste prevention measures in their national waste prevention programmes in order to reach at least 30% of food waste reduction by 2025 and 50% by 2030 and should measure progress in food waste reduction . to facilitate exchange of good practice across the union both between member states and between food business operators , uniform methodologies for such measurement should be established . reporting on food waste levels should take place on a biennial basis . in order to prevent food waste , member states should set up a framework for enabling the food sector to further distribute and donate unsold products , while ensuring that such distribution has no negative impact on human health or food safety .


### ' bio - waste ' means biodegradable garden and park waste , food and kitchen waste from households , restaurants , caterers and retail premises , comparable waste from food processing plants and other waste with similar biodegradability properties that is comparable in nature , composition and quantity ; ### ' bio - waste ' means biodegradable garden and park waste , non - animal agricultural waste , food and kitchen waste from households , restaurants , caterers and retail premises , comparable waste from food production and processing plants and other waste with similar biodegradability and compostability properties that is comparable in nature and composition ;


### ' preparing for re - use ' means checking , cleaning or repairing recovery operations , by which waste , products or components of products that have been collected by a recognised preparation for re - use operator or deposit - refund scheme are prepared so that they can be re - used without any other pre - processing ; ### ' preparing for re - use ' means checking , cleaning or repairing recovery operations , by which products or components of products that have become waste are prepared so that they can be re - used without any other pre - processing ;


### ' 1 . in order to strengthen the re - use and the prevention , recycling and other recovery of waste , member states may take legislative or non - legislative measures to ensure that any natural or legal person who professionally develops , manufactures , processes , treats , sells or imports products has extended producer responsibility . ' ### in paragraph 1 , the first subparagraph is replaced by the following : ' 1 . in order to strengthen the re - use and the prevention , recycling and other recovery of waste , member states shall take legislative or non - legislative measures to ensure that any natural or legal person who professionally develops , manufactures , processes , treats , sells or imports products has extended producer responsibility . '


### such measures may also include the establishment of extended producer responsibility schemes defining specific operational and financial obligations for producers of products . ### such measures shall also include the establishment of extended producer responsibility schemes defining specific operational , organisational and financial obligations for producers of products in which the producer´s responsibility is extended to the post - consumer state of a product´s life cycle . producer responsibility shall aim at covering all products placed in the market .


### such measures may encourage , inter alia , the development , production and marketing of products that are suitable for multiple use , that are technically durable and that are , after having become waste , suitable for preparation for re - use and recycling in order to facilitate proper implementation of the waste hierarchy . the measures should take into account the impact of products throughout their life cycle . ### such measures shall encourage , inter alia , the development , production and marketing of products that are suitable for multiple use , that are technically durable and easily repairable and that are , after having become waste and been prepared for re - use or recycled , suitable to be made available on the market or placed on the market in order to facilitate proper implementation of the waste hierarchy . the measures shall take into account the impact of products throughout their life cycle , the waste hierarchy and relevant union legislation and standards already applicable to products .


### - define measurable waste management targets , in line with the waste hierarchy , aiming to attain at least the quantitative targets relevant for the scheme as laid down in this directive , directive 94 / 62 / ec , directive 2000 / 53 / ec , directive 2006 / 66 / ec and directive 2012 / 19 / eu ; ### - define measurable waste prevention , re - use , preparation for re - use , and recycling targets as well as minimum recycled content targets for plastics , aiming to attain at least the quantitative targets relevant for the scheme as laid down in this directive , directive 94 / 62 / ec , directive 2000 / 53 / ec , directive 2006 / 66 / ec and directive 2012 / 19 / eu and other objectives that are considered as relevant for the scheme ;


### member states shall monitor and assess the implementation of their food waste prevention measures by measuring food waste on the basis of methodologies established in accordance with paragraph 4 . ### member states shall monitor and assess the implementation of their food waste prevention measures by measuring the levels of food waste on the basis of a common methodology . by 31 december 2017 , the commission shall adopt a delegated act in accordance with article 38a to establish the methodology , including minimum quality requirements , for the uniform measurement of the levels of food waste .


### “2 . where necessary to comply with paragraph 1 and to facilitate or improve recovery , waste shall be collected separately if technically , environmentally and economically practicable and shall not be mixed with other waste or other material with different properties . ” ### in article 10 , paragraph 2 is replaced by the following : “2 . to comply with paragraph 1 and to facilitate or improve recovery , waste shall be collected separately and shall not be mixed with other waste or other material with different properties . ”


### member states shall take measures , as appropriate , to promote preparing for re - use activities , notably by encouraging the establishment of and support for re - use and repair networks and by facilitating the access of such networks to waste collection points , and by promoting the use of economic instruments , procurement criteria , quantitative objectives or other measures . ### member states shall take measures , to promote preparing for re - use activities , notably by encouraging the establishment of and support for preparing for re - use operators and their networks , and by facilitating the access of such networks to waste collection points and facilities , and by promoting the use of economic instruments , procurement criteria or other measures .


### in order to achieve smart , sustainable and inclusive growth and to stimulate job creation , the union needs an up - to - date , high - performance infrastructure to help connect and integrate the union and all its regions , in the transport , telecommunications and energy sectors . those connections should help to improve the free movement of persons , goods , capital and services . the trans - european networks should facilitate cross - border connections , foster greater economic , social and territorial cohesion and contribute to a more competitive social market economy and to combating climate change . ### in order to achieve smart , sustainable and inclusive growth , to reach the union climate and energy targets for 2030 and beyond , and to stimulate job creation , the union needs an up - to - date , high - performance infrastructure to help connect and integrate the union and all its regions , in the transport , telecommunications and energy sectors . those connections should help to improve the free movement of persons , goods , capital and services . the trans - european networks should facilitate cross - border connections , foster greater economic , social and territorial cohesion and contribute to a more competitive social market economy and to combating climate change .


### the programme should aim at supporting climate change , environmentally and socially sustainable projects and , where appropriate , climate change mitigation and adaptation actions . in particular , the contribution of the programme to achieving the goals and objectives of the paris agreement as well as the proposed 2030 climate and energy targets and long - term decarbonisation objective should be reinforced . ### the programme should aim at supporting climate change , environmentally and socially sustainable projects and , where appropriate , climate change mitigation and adaptation actions . in particular , the contribution of the programme to achieving the goals and objectives of the paris agreement as well as the 2030 climate and energy targets and long - term decarbonisation objective should be reinforced .


### reflecting the importance of tackling climate change in line with union’s commitments to implement the paris agreement , and the commitment to the united nations sustainable development goals , this regulation should therefore mainstream climate action and lead to the achievement of an overall target of 25% of the eu budget expenditures supporting climate objectives18 . actions under this programme are expected to contribute 60% of the overall financial envelope of the programme to climate objectives , based inter alia on the following rio markers : i ) 100% for the expenditures relating to railway infrastructure , alternative fuels , clean urban transport , electricity transmission , electricity storage , smart grids , co2 transportation and renewable energy ; ii ) 40% for inland waterways and multimodal transport , and gas infrastructure - if enabling increased use of renewable hydrogen or bio - methane . relevant actions will be identified during the programme ' s preparation and implementation , and reassessed in the context of the relevant evaluations and review processes . in order to prevent that infrastructure is vulnerable to potential long term climate change impacts and to ensure that the cost of greenhouse gas emissions arising from the project is included in the project ' s economic evaluation , projects supported by the programme should be subject to climate proofing in accordance with guidance that should be developed by the commission coherently with the guidance developed for other programmes of the union where relevant . _________________ 18 com 321 , page 13 ### reflecting the importance of tackling climate change in line with union’s commitments to implement the paris agreement , and the commitment to the united nations sustainable development goals , this regulation should therefore mainstream climate action and lead to the achievement of an overall target of at least 30% of the eu budget expenditures supporting climate objectives18 . actions under this programme are expected to contribute 100% of the overall financial envelope of the programme to climate objectives , based inter alia on the following rio markers : i ) 100% for the expenditures relating to railway infrastructure , zero - emission mobility , decarbonised urban transport , electricity transmission , electricity storage , smart grids , co2 transportation , energy efficiency and renewable energy ; ii ) 40% for sustainable navigable inland waterways and multimodal transport . in order to address the european court of auditors ' recommendations , climate mainstreaming and climate proofing mechanisms should differentiate between mitigation and adaptation , and be materialized ex - ante through all programming and planning processes rather than simply reported ex - post . relevant actions will be identified during the programme ' s preparation and implementation , and reassessed in the context of the relevant evaluations and review processes . in order to prevent that infrastructure is vulnerable to potential long term climate change impacts and to ensure that the cost of greenhouse gas emissions arising from the project is included in the project ' s economic evaluation , projects supported by the programme should be subject to climate proofing in accordance with guidance that should be developed by the commission coherently with the guidance developed for other programmes of the union where relevant . _________________ 18 com 321 , page 13


### an important objective of this programme is to deliver increased synergies between the transport , energy and digital sector . for that purpose , the programme should provide for the adoption of cross - sectoral work programmes that could address specific intervention areas , for instance as regards connected and automated mobility or alternative fuels . in addition , the programme should allow , within each sector , the possibility to consider eligible some ancillary components pertaining to another sector , where such an approach improves the socio - economic benefit of the investment . synergies between sectors should be incentivized through the award criteria for the selection of actions . ### an important objective of this programme is to deliver increased synergies between the transport , energy and digital sector . for that purpose , the programme should provide for the adoption of cross - sectoral work programmes that could address specific intervention areas , for instance as regards connected and automated mobility or zero - emission technologies and infrastructure for transport . in addition , the programme should allow , within each sector , the possibility to consider eligible some ancillary components pertaining to another sector , where such an approach improves the socio - economic benefit of the investment . synergies between sectors should be incentivized through the award criteria for the selection of actions .


### it is necessary to promote investments in favour of smart , sustainable , inclusive , safe and secure mobility throughout the union . in 2017 , the commission presented20 ' europe on the move ' , a wide - ranging set of initiatives to make traffic safer , encourage smart road charging , reduce co2 emissions , air pollution and congestion , promote connected and autonomous mobility and ensure proper conditions and rest times for workers . these initiatives should be accompanied by union financial support , where relevant through this programme . _________________ 20 commission communication ' europe on the move : an agenda for a socially fair transition towards clean , competitive and connected mobility for all ' – com 283 ### it is necessary to promote investments in favour of smart , zero - emission , inclusive , safe and secure mobility throughout the union . in 2017 , the commission presented20 ' europe on the move ' , a wide - ranging set of initiatives to make traffic safer , encourage smart road charging , reduce co2 emissions , air pollution and congestion , promote connected and autonomous mobility and ensure proper conditions and rest times for workers . these initiatives should be accompanied by union financial support , where relevant through this programme . _________________ 20 commission communication ' europe on the move : an agenda for a socially fair transition towards clean , competitive and connected mobility for all ' – com 283


### the ten - t guidelines require , with regard to new technologies and innovation , that the ten - t enables the decarbonisation of all transport modes by stimulating energy efficiency as well as the use of alternative fuels . directive 2014 / 94 / eu of the european parliament and of the council21 establishes a common framework of measures for the deployment of alternative fuels infrastructure in the union in order to minimise dependence on oil and to mitigate the environmental impact of transport and requires member states to ensure that recharging or refuelling points accessible to the public are made available by 31 december 2025 . as outlined in the commission proposals22 of november 2017 , a comprehensive set of measures to promote low - emission mobility is necessary including financial support where the market conditions do not provide a sufficient incentive . _________________ 21 directive 2014 / 94 / eu of the european parliament and of the council of 22 october 2014 on the deployment of alternative fuels infrastructure . 22 commission communication ' delivering on low - emission mobility a european union that protects the planet , empowers its consumers and defends its industry and workers ' – com 675 ### the ten - t guidelines require , with regard to new technologies and innovation , that the ten - t enables the decarbonisation of all transport modes by stimulating energy efficiency as well as the use of alternatives to all fossil - based fuels . directive 2014 / 94 / eu of the european parliament and of the council21 establishes a common framework of measures for the deployment of adequate infrastructure for the development of zero - emission mobility in the union in order to minimise dependence on oil and other fossil fuels , and to mitigate the environmental impact of transport and requires member states to ensure that recharging or refuelling points accessible to the public are made available by 31 december 2025 . as outlined in the commission proposals22 of november 2017 , a comprehensive set of measures to promote zero - emission mobility is necessary including financial support where the market conditions do not provide a sufficient incentive . _________________ 21 directive 2014 / 94 / eu of the european parliament and of the council of 22 october 2014 on the deployment of alternative fuels infrastructure . 22 commission communication ' delivering on low - emission mobility a european union that protects the planet , empowers its consumers and defends its industry and workers ' – com 675


### in order to improve the completion of transport projects in less developed parts of the network , a cohesion fund allocation should be transferred to the programme to finance transport projects in the member states eligible for financing from the cohesion fund . in an initial phase and within a limit of 70% of the transferred envelope , the selection of projects eligible for financing should respect the national allocations under the cohesion fund . the remaining 30% of the transferred envelope should be allocated on a competitive basis to projects located in the member states eligible for financing from the cohesion fund with priority to cross - border links and missing links . the commission should support member states eligible for financing from the cohesion fund in their efforts to develop an appropriate pipeline of projects , in particular by strengthening the institutional capacity of the public administrations concerned . ### in order to improve the completion of transport projects in less developed parts of the network , a cohesion fund allocation should be transferred to the programme to finance zero - emission mobility projects in the member states eligible for financing from the cohesion fund . in an initial phase and within a limit of 70% of the transferred envelope , the selection of projects eligible for financing should respect the national allocations under the cohesion fund . the remaining 30% of the transferred envelope should be allocated on a competitive basis to projects located in the member states eligible for financing from the cohesion fund with priority to cross - border links and missing links . the commission should support member states eligible for financing from the cohesion fund in their efforts to develop an appropriate pipeline of projects , in particular by strengthening the institutional capacity of the public administrations concerned .


### regulation no 347 / 2013 of the european parliament and of the council27 identifies the trans - european energy infrastructure priorities which need to be implemented in order to meet the union ' s energy and climate policy objectives , identifies projects of common interest necessary to implement those priorities , and lays down measures in the field of the granting of permits , public involvement and regulation to speed up and / or facilitate the implementation of those projects , including criteria for the eligibility of such projects for union financial assistance . _________________ 27 regulation no 347 / 2013 of the european parliament and of the council of 17 april 2013 on guidelines for trans - european energy infrastructure and repealing decision no 1364 / 2006 / ec and amending regulations no 713 / 2009 , no 714 / 2009 and no 715 / 2009 . ### regulation no 347 / 2013 of the european parliament and of the council27 identifies the trans - european energy infrastructure priorities which need to be implemented in order to meet the union ' s energy and climate policy objectives , identifies projects of common interest necessary to implement those priorities , and lays down measures in the field of the granting of permits , public involvement and regulation to speed up and / or facilitate the implementation of those projects , including criteria for the eligibility of such projects for union financial assistance . the list of projects of common interest and of eligibility criteria should be revised to take fully into account the goals and objectives of the paris agreement as well as the union ' s climate and energy targets for 2030 and beyond . _________________ 27 regulation no 347 / 2013 of the european parliament and of the council of 17 april 2013 on guidelines for trans - european energy infrastructure and repealing decision no 1364 / 2006 / ec and amending regulations no 713 / 2009 , no 714 / 2009 and no 715 / 2009 .


### while completion of network infrastructure remains the priority to achieve the development of renewable energy , integrating cross - border cooperation on renewable energy reflects the approach adopted under the clean energy for all europeans initiative with a collective responsibility to reach an ambitious target for renewable energy in 2030 and the changed policy context with ambitious long - term decarbonisation objectives . ### while completion of network infrastructure remains the priority to achieve the development of renewable energy , integrating cross - border cooperation on renewable energy reflects the approach adopted under the clean energy for all europeans initiative with a collective responsibility to reach at least 32% of renewable energy in 2030 and the changed policy context with ambitious long - term decarbonisation objectives .


### innovative infrastructure technologies that enable the transition to a low carbon energy and mobility systems and improve security of supply are essential in view of the union ' s decarbonisation agenda . in particular , in its communication of 23 november 2017 ' communication on strengthening europe ' s energy networks ' 28 , the commission emphasised that the role of electricity , where renewable energy will constitute half of the electricity generation by 2030 , will increasingly be driving the decarbonisation of sectors so far dominated by fossil fuels , such as transport , industry and heating and cooling and that accordingly , the focus under the trans - european energy infrastructure policy is increasingly on electricity interconnections , electricity storages and smart grids projects . to support the union ' s decarbonisation objectives , due consideration and priority should be given to technologies and projects contributing to the transition to a low carbon economy . the commission will aim at increasing the number of cross - border smart grid , innovative storage as well as carbon dioxide transportation projects to be supported under the programme . _________________ 28 com 718 ### innovative infrastructure technologies that enable the transition to a zero - carbon energy and mobility systems and improve security of supply are essential in view of the union ' s decarbonisation agenda . in particular , in its communication of 23 november 2017 ' communication on strengthening europe ' s energy networks ' 28 , the commission emphasised that the role of electricity , where renewable energy will constitute half of the electricity generation by 2030 , will increasingly be driving the decarbonisation of sectors so far dominated by fossil fuels , such as transport , industry and heating and cooling and that accordingly , the focus under the trans - european energy infrastructure policy is increasingly on electricity interconnections , electricity storages and smart grids projects . to support the union ' s decarbonisation objectives , due consideration and priority should be given to technologies and projects contributing to the transition to a zero - carbon economy . the commission will aim at increasing the number of cross - border smart grid , innovative storage as well as carbon dioxide transportation projects to be supported under the programme . _________________ 28 com 718


### at union level , the european semester of economic policy coordination is the framework to identify national reform priorities and monitor their implementation . member states develop their own national multiannual investment strategies in support of these reform priorities . these strategies should be presented alongside the yearly national reform programmes as a way to outline and coordinate priority investment projects to be supported by national and / or union funding . they should also serve to use union funding in a coherent manner and to maximise the added value of the financial support to be received notably from the european regional development fund and cohesion fund , the european investment stabilisation function , investeu and the connecting europe facility , where relevant . financial support should also be used in a manner consistent with union and national energy and climate plans where relevant . ### at union level , the european semester of economic policy coordination is the framework to identify national reform priorities and monitor their implementation . member states develop their own national multiannual investment strategies in support of these reform priorities . these strategies should be presented alongside the yearly national reform programmes as a way to outline and coordinate priority investment projects to be supported by national and / or union funding , and avoid any contradiction with the priorities of the union , including the union ' s commitments to implement the paris agreement . they should also serve to use union funding in a coherent manner and to maximise the added value of the financial support to be received notably from the european regional development fund and cohesion fund , the european investment stabilisation function , investeu and the connecting europe facility , where relevant . financial support should also be used in a manner consistent with union and national energy and climate plans .


### ' studies ' means activities needed to prepare project implementation , such as preparatory , mapping , feasibility , evaluation , testing and validation studies , including in the form of software , and any other technical support measure , including prior action to define and develop a project and decide on its financing , such as reconnaissance of the sites concerned and preparation of the financial package ; ### ' studies ' means activities needed to prepare project implementation , such as preparatory , mapping , feasibility , evaluation , testing and validation studies , including in the form of software , and any other technical support measure , including prior action to define and develop a project and decide on its financing , such as reconnaissance of the sites concerned , preparation of the financial package , as well as environmental impact assessments and strategic environmental assessments ;


### the programme has the general objective to develop and modernise the trans - european networks in the fields of transport , energy and digital and to facilitate cross - border cooperation in the field of renewable energy , taking into account the long - term decarbonisation commitments and with emphasis on synergies among sectors . ### the programme has the general objective to develop and modernise the trans - european networks in the fields of transport , energy and digital and to facilitate cross - border cooperation in the field of renewable energy , taking into account the long - term decarbonisation commitments and with emphasis on synergies among sectors . the programme supports especially infrastructure projects that contribute to minimising external costs in the fields of safety , the environmental and climate .


### to contribute to the development of projects of common interest relating to efficient and interconnected networks and infrastructure for smart , sustainable , inclusive , safe and secure mobility ; ### to contribute to the development of projects of common interest relating to sustainable , efficient and interconnected networks and infrastructure for smart , zero - emission , inclusive , safe and secure mobility ;


### in the energy sector , to contribute to the development of projects of common interest relating to further integration of the internal energy market , interoperability of networks across borders and sectors , facilitating decarbonisation and ensuring security of supply , and to facilitate cross - border cooperation in the area of renewable energy ; ### in the energy sector , to contribute to the development of projects of common interest relating to further integration of the internal energy market , investment in energy efficiency , renewable energy and interoperability of networks across borders and sectors , facilitating decarbonisation and ensuring energy independence , and to facilitate cross - border cooperation in the area of renewable energy ;


### the amount referred to in paragraph 1 may be used for technical and administrative assistance for the implementation of the programme and the sector - specific guidelines , such as preparatory , monitoring , control , audit and evaluation activities including corporate information and technology systems . this amount may also be used to finance accompanying measures to support the preparation of projects . ### the amount referred to in paragraph 1 may be used for technical and administrative assistance for the implementation of the programme and the sector - specific guidelines , such as preparatory , monitoring , control , audit and evaluation activities including corporate information and technology systems . this amount may also be used to finance accompanying measures to support the preparation of projects , including environmental impact assessments and strategic environmental assessments .


### as regards the amounts transferred from the cohesion fund , 30% of these amounts shall be made available immediately to all member states eligible for funding from the cohesion fund to finance transport infrastructure projects in accordance with this regulation , with priority to cross - border and missing links . until 31 december 2023 , the selection of projects eligible for financing shall respect the national allocations under the cohesion fund with regard to 70% of the resources transferred . as of 1 january 2024 , resources transferred to the programme which have not been committed to a transport infrastructure project shall be made available to all member states eligible for funding from the cohesion fund to finance transport infrastructure projects in accordance with this regulation . ### as regards the amounts transferred from the cohesion fund , 30% of these amounts shall be made available immediately to all member states eligible for funding from the cohesion fund to finance sustainable transport infrastructure projects in accordance with this regulation , with priority to cross - border and missing links . until 31 december 2023 , the selection of projects eligible for financing shall respect the national allocations under the cohesion fund with regard to 70% of the resources transferred . as of 1 january 2024 , resources transferred to the programme which have not been committed to a sustainable transport infrastructure project shall be made available to all member states eligible for funding from the cohesion fund to finance sustainable transport infrastructure projects in accordance with this regulation .


### only actions contributing to the achievement of the objectives referred to in article 3 are eligible for funding . such actions include in particular studies , works and other accompanying measures necessary for the management and implementation of the programme and the sector - specific guidelines . ### only actions contributing to the achievement of the objectives referred to in article 3 are eligible for funding . such actions include in particular studies , works and other accompanying measures necessary for the management and implementation of the programme and the sector - specific guidelines , including environmental impact assessments and strategic environmental assessments .


### actions relating to efficient and interconnected networks : ### actions relating to sustainable , &#160 ; efficient and interconnected networks :


### actions relating to smart , sustainable , inclusive , safe and secure mobility : ### actions relating to smart , zero - emission , inclusive , safe and secure mobility :


### actions supporting new technologies and innovation , including automation , enhanced transport services , modal integration and alternative fuels infrastructure , in accordance with article 33 of regulation no 1315 / 2013 ; ### actions supporting new technologies and innovation , including automation , enhanced transport services , modal integration and adequate infrastructure for the deployment of zero - emission mobility , in accordance with article 33 of regulation no 1315 / 2013 ;


### consistency with union and national energy and climate plans . ### consistency with union and national long - term strategies referred to in [ governance regulation ] , in compliance with the paris agreement .


### the assessment of proposals against the award criteria shall take into account , where relevant , the resilience to the adverse impacts of climate change through a climate vulnerability and risk assessment including the relevant adaptation measures . ### the assessment of proposals against the award criteria shall take into account the resilience to the adverse impacts of climate change through a climate vulnerability and risk assessment including the relevant adaptation measures .


### the work programmes shall be adopted by the commission by means of an implementing act . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 22 of this regulation . ### the work programmes shall be adopted by the commission by means of delegated acts , in accordance with article 24 of this regulation .


### air and other local pollution ; ### air , soil and water quality , and other local pollution ;


### the commission shall , when selecting the cross - border projects in the field of renewable energy , aim for a manageable total number . the commission shall endeavour to ensure an appropriate geographical balance in the identification of cross - border projects in the field of renewable energy . regional groupings may be used for the identification of projects . ### the commission shall , when selecting the cross - border projects in the field of renewable energy , aim for a manageable total number . the commission shall endeavour to ensure an appropriate geographical balance in the identification of cross - border projects in the field of renewable energy . regional groupings may be used for the identification of projects , as well as regional cooperation mechanisms set out in article 11 of the [ governance regulation ] .


### part of the available resources under the instrument could also be allocated to member states’ programmes for the implementation of specific actions in addition to their initial allocation . these specific actions should be identified at union level and should concern actions which require cooperative effort or actions necessary to address developments in the union which require additional funding to be made available to one or more member states , such as the purchase through the national programmes of member states of technical equipment needed by the european border and coast guard agency to perform its operational activities , the modernisation of the processing of visa applications , the development of new large - scale it systems and the setting - up of interoperability between those systems . these specific actions will be defined by the commission in its work programmes . ### part of the available resources under the instrument could also be allocated to member states’ programmes for the implementation of specific actions in addition to their initial allocation . these specific actions should be identified at union level and should concern actions which require cooperative effort or actions necessary to address developments in the union which require additional funding to be made available to one or more member states , such as the purchase through the national programmes of member states of technical equipment needed by the european border and coast guard agency to perform its operational activities and the modernisation of the processing of visa applications . these specific actions will be defined by the commission in its work programmes .


### as regards operating equipment , including means of transport , and communication systems required for effective and secure border control purchased with the support of this instrument , the following shall apply : ### as regards operating equipment , including means of transport , and communication systems required for effective and secure border control and search and rescue purchased with the support of this instrument , the following shall apply :


### the commission shall implement information and communication actions relating to this instrument , its actions and results . financial resources allocated to this instrument shall also contribute to the corporate communication on the political priorities of the union , as far as they are related to the objectives of this regulation . ### the commission shall implement information and communication actions relating to the implementation of this instrument , its actions and results . in particular , the commission shall publish information concerning the development of the annual and multiannual programmes of the thematic facility . the commission shall also publish the list of operations , projects and contracts selected for support publicly available on their website in at least one of the official languages of the union and shall update that list at least every three months . financial resources allocated to this instrument shall also contribute to the corporate communication on the implementation of political priorities of the union , as far as they are related to the objectives of this regulation . in particular , the commission may promote best practices and exchange information as regards to the implementation of this instrument .


### the instrument shall provide financial assistance to address urgent and specific needs in the event of an emergency situation resulting from an urgent and exceptional pressure where a large or disproportionate number of third - country nationals have crossed , are crossing or are expected to cross the external borders of one or more member states , in particular at border sections where the impact level has been identified as such that it jeopardises the functioning of the whole schengen area , or any other situation of urgent and exceptional pressure within the scope of this regulation that requires immediate action . ### the instrument shall exceptionally provide financial assistance to address urgent and specific needs in the event of an emergency situation and as a measure of last resort . when a member states requests emergency assistance , it shall communicate the request to the actors included in the partnership laid down in article 6 of the regulation &#8230 ; / &#8230 ; [ cpr ] and the members of the monitoring committee within ten days . the communication shall : explain the urgent and specific needs and why they are exceptional ; outline the measures previously introduced to address the identified urgent and specific needs ; explain why those alternative measures did not sufficiently remedy that situation ; assess how the emergency assistance would likely help to remedy the situation .


### the complementarity between the actions supported by the instrument and support provided by other union funds , in particular those in or in relation to third countries ; ### the complementarity between the actions supported by the instrument and support provided by other union funds ;


### for the purpose of the distribution of resources under paragraph 1 , ‘ external sea borders’ shall mean the outer limit of the territorial sea of the member states as defined in accordance with articles 4 to 16 of the united nations convention on the law of the sea . however , in cases where long range operations on a regular basis are required in order to prevent illegal immigration or illegal entry , this shall be the outer limit of high threat areas . the definition of ‘ external maritime borders’ in this regard shall be determined by taking into account the operational data over the past two years as provided by the member states concerned . this definition shall be used exclusively for the purpose of this regulation . ### for the purpose of the distribution of resources under paragraph 1 , ‘ external sea borders’ shall mean the outer limit of the territorial sea of the member states as defined in accordance with articles 4 to 16 of the united nations convention on the law of the sea . however , in cases where long range operations on a regular basis are required in order to prevent irregular immigration or entry , this shall be the outer limit of high threat areas . the definition of ‘ external maritime borders’ in this regard shall be determined by taking into account the operational data over the past two years as provided by the member states concerned . this definition shall be used exclusively for the purpose of this regulation .


### where member states have not provided the statistics concerned , the latest available data for those member states shall be used . where there is no data available for a member state , the reference figure shall be zero . ### where member states have not provided the statistics concerned or where there is no data available for a member state , the reference figure shall be zero .