### restructuring should enable enterprises in financial difficulties to continue business in whole or in part , by changing the composition , conditions or structure of assets and liabilities or of their capital structure , including by sales of assets or parts of the business . preventive restructuring frameworks should above all enable the enterprises to restructure at an early stage and to avoid their insolvency . those frameworks should maximise the total value to creditors , owners and the economy as a whole and should prevent unnecessary job losses and losses of knowledge and skills . they should also prevent the build - up of non - performing loans . in the restructuring process the rights of all parties involved should be protected . at the same time , non - viable businesses with no prospect of survival should be liquidated as quickly as possible . ### restructuring should enable enterprises in financial difficulties to continue business in whole or in part , by changing the composition , conditions or structure of assets and liabilities or of their capital structure , including by sales of assets or parts of the business . preventive restructuring frameworks should above all enable the enterprises to restructure at an early stage and to avoid their insolvency . those frameworks should prevent job losses and loss of knowledge and skills and maximise the total value to creditors , owners and the economy as a whole . they should also prevent the build - up of non - performing loans . in the restructuring process the rights of all parties involved should be protected . at the same time , non - viable businesses with no prospect of survival should be liquidated as quickly as possible .


### member states shall ensure that debtors and entrepreneurs have access to early warning tools which can detect a deteriorating business development and signal to the debtor or the entrepreneur the need to act as a matter of urgency . ### member states shall ensure that debtors , entrepreneurs as well as workers and their representatives have access to early warning tools which can detect a deteriorating business development and signal to the debtor or the entrepreneur the need to act as a matter of urgency .


### the earlier the debtor can detect its financial difficulties and can take appropriate action , the higher the probability of avoiding an impending insolvency or , in case of a business whose viability is permanently impaired , the more orderly and efficient the winding - up process . clear information on the available preventive restructuring procedures as well as early warning tools should therefore be put in place to incentivise debtors who start to experience financial problems to take early action . possible early warning mechanisms should include accounting and monitoring duties for the debtor or the debtor ' s management as well as reporting duties under loan agreements . in addition , third parties with relevant information such as accountants , tax and social security authorities could be incentivised or obliged under national law to flag a negative development . ### the earlier the debtors or the workers’ representatives can communicate concerns about the undertaking’s worrying situation or financial difficulties and can take appropriate action , the higher the probability of avoiding an impending insolvency or , in case of a business whose viability is permanently impaired , the more orderly and efficient the winding - up process . clear information on the available preventive restructuring procedures as well as early warning tools should therefore be put in place to incentivise debtors who start to experience financial problems to take early action and to empower the workers concerned in order that they are able to take an active role in the restructuring process . possible early warning mechanisms should include accounting and monitoring duties for the debtor or the debtor ' s management as well as reporting duties under loan agreements . in addition , social security , competition and audit authorities would have sufficient means under domestic law tax to draw attention to any dangerous development at the earliest possible stage .


### member states shall ensure that debtors and entrepreneurs have access to relevant up - to - date , clear , concise and user - friendly information about the availability of early warning tools and any means available to them to restructure at an early stage or to obtain a discharge of personal debt . ### member states shall ensure that debtors , entrepreneurs as well as workers and their representatives have access to relevant up - to - date , clear , concise and user - friendly information about the availability of early warning tools and any means available to them to restructure at an early stage or to obtain a discharge of personal debt .


### member states shall ensure that a stay of individual enforcement actions may be ordered in respect of all types of creditors , including secured and preferential creditors . the stay may be general , covering all creditors , or limited , covering one or more individual creditors , in accordance with national law . ### member states shall ensure that a stay of individual enforcement actions may be ordered in respect of all types of creditors , including secured and preferential creditors but not including workers . the stay may be general , covering all creditors , or limited , covering one or more individual creditors , in accordance with national law .


### it is within member states ' competence to set rules on remuneration in accordance with their law and practice . however , national rules on remuneration applied to posted workers must be justified by the need to protect posted workers and must not disproportionately restrict the cross - border provision of services . ### it is within member states ' exclusive competence to set rules on remuneration in accordance with national law and practice .


### it is within member states ' competence to set rules on remuneration in accordance with their law and practice . however , national rules on remuneration applied to posted workers must be justified by the need to protect posted workers and must not disproportionately restrict the cross - border provision of services . ### it is within member states ' competence to establish provisions on and to define remuneration in accordance with national law and / or practice .


### the general objective of the programme shall be to contribute to institutional , administrative and structural reforms in the member states by providing support to national authorities for measures aimed at reforming institutions , governance , administration , economic and social sectors in response to economic and social challenges with a view to enhancing competitiveness , growth , jobs , and investment , in particular in the context of economic governance processes , including through assistance for the efficient and effective use of the union funds . ### the general objective of the programme shall be to contribute to institutional , administrative and structural reforms in the member states at their own request by providing support to national and regional authorities for measures aimed at reforming institutions , governance , administration , economic and social sectors in response to economic and social challenges with a view to enhancing competitiveness , growth , jobs , and sustainable investment , including through assistance for the efficient and effective use of the union funds .


### taking into account the principles of transparency , equal treatment and sound financial management , further to a dialogue with the member state , including in the context of the european semester , the commission shall analyse the request for support referred to in paragraph 1 based on the urgency , breadth and depth of the problems identified , support needs in respect of the policy areas concerned , analysis of socioeconomic indicators and general administrative capacity of the member state . taking into account the existing actions and measures financed by union funds or other union programmes , the commission in close cooperation with the member state concerned shall identify the priority areas for support , the scope of the support measures to be provided and the global financial contribution for such support . ### taking into account the principles of subsidiarity , solidarity , transparency , equal treatment and sound financial management , further to a dialogue with the member state , including in the context of the european semester , the commission shall analyse the request for support referred to in paragraph 1 based on the urgency , breadth and depth of the problems identified , support needs in respect of the policy areas concerned , analysis of socioeconomic indicators and general administrative capacity of the member state . taking into account the existing actions and measures financed by union funds and other union programmes and instruments and based on the specific needs identified by the member state in consultation with regional authorities and civil society representatives , the commission shall agree with the member state concerned , in line with the agreed policy guidelines , on the objectives , the priority actions for support , the scope of the support measures to be provided and the global financial contribution for such support .


### member states should be able to request support from the commission under the programme in relation to the implementation of reforms in the context of economic governance processes , in particular of country specific recommendations in the context of the european semester , to actions related to the implementation of union law , as well as in relation to the implementation of economic adjustment programmes . they should also be able to request support in relation to reforms undertaken at their own initiative , in order to achieve sustainable investment , growth and job creation . ### member states should be able to request support from the commission under the programme in relation to the implementation of their reforms in the context of economic governance processes , in particular of relevant country specific recommendations in the context of the european semester , to actions related to the implementation of union law , policies and strategies , as well as in relation to the implementation of economic adjustment programmes . they should also be able to request support in relation to reforms undertaken at their own initiative , in order to achieve sustainable investment , job creation , inclusive growth , social inclusion and cohesion , as well as adequate social protection . in order for the reforms pursued to have a wide level of support , member states wishing to benefit from the programme should consult , in the process of drawing up applications , relevant stakeholders , such as local and regional authorities , the economic and social partners and civil society , in line with the relevant provisions of the code of conduct on partnership under cohesion policy , as well as national parliaments .


### a delegated act adopted pursuant to the second subparagraph of article 15 shall enter into force only if no objection has been expressed either by the european parliament or by the council within a period of two months of the notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or of the council . ### a delegated act adopted pursuant to article 12 and the second subparagraph of 15 shall enter into force only if no objection has been expressed either by the european parliament or by the council within a period of two months of the notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or of the council .


### in order to ensure uniform conditions for the implementation of this regulation as regards the adoption of the multi - annual and annual work programmes , implementing powers should be conferred on the commission . ### in order to ensure uniform conditions for the implementation of this regulation as regards the adoption of the annual work programmes , implementing powers should be conferred on the commission .


### the delegation of power referred to in the second subparagraph of article 15 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of the power specified in that decision . it shall take effect on the day following publication in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force . ### the delegation of power referred to in article 12 and the second subparagraph of article 15 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of the power specified in that decision . it shall take effect on the day following publication in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force .


### reforms are by their very nature complex processes that require a complete chain of highly - specialised knowledge and skills . addressing structural reforms in a variety of public policy areas is challenging since their benefits often take time to materialise . therefore , early and efficient design and implementation is crucial , be it for crisis - struck or structurally - weak economies . in this context , the provision of support by the union in the form of technical assistance has been crucial in supporting the economic adjustment of greece and cyprus in the last years . ### reforms are by their very nature complex processes that require a complete chain of highly - specialised knowledge and skills . addressing structural reforms in a variety of public policy areas is challenging since their impacts often take time to materialise . therefore , early and efficient design and implementation as well as social impact assessments are crucial , be it for crisis - struck or structurally - weak economies . in this context , the provision of support by the union in the form of technical assistance has been crucial in supporting the economic adjustment of greece and cyprus in the last years .


### further to a dialogue with the requesting member state , including in the context of the european semester , the commission should analyse the request , taking into account the principles of transparency , equal treatment and sound financial management and determine the support to be provided based on urgency , breadth and depth of the problems as identified , support needs in respect of the policy areas envisaged , analysis of socioeconomic indicators , and the general administrative capacity of the member state . the commission should also , in close cooperation with the member state concerned , identify the priority areas , the scope of the support measures to be provided and the global financial contribution for such support , taking into account the existing actions and measures financed by union funds or other union programmes . ### further to a dialogue with the requesting member state , including in the context of the european semester , the commission should analyse the request , taking into account the principles of subsidiarity , solidarity , transparency , equal treatment and sound financial management and determine the support to be provided based on urgency , breadth and depth of the problems as identified , support needs in respect of the policy areas envisaged , analysis of socioeconomic indicators , and the general administrative capacity of the member state . based on the specific needs identified by the member state in consultation with regional authorities and civil society representatives , the commission should agree with the member state concerned on the objectives , the priority actions , the scope of the support measures to be provided and the global financial contribution for such support , taking into account the existing actions and measures financed by union funds and other union programmes and instruments .


### the power to adopt delegated acts referred to in the second subparagraph of article 15 shall be conferred on the commission for a period of four years from 1 january 2017 . ### the power to adopt delegated acts referred to in article 12 and the second subparagraph of article 15 shall be conferred on the commission for a period of four years from 1 january 2017 .


### expertise related to policy advice , policy change , and legislative , institutional , structural and administrative reforms ; ### expertise related to policy advice , policy change , participatory processes and legislative , institutional , structural and administrative reforms ;


### to support the efforts of national authorities to define and implement appropriate processes and methodologies by taking into account good practices and lessons learned by other countries in addressing similar situations ; ### to support the efforts of national authorities , in close cooperation with stakeholders , to define and implement appropriate processes and methodologies by taking into account good practices and lessons learned by other countries addressing similar situations ;


### to assist the national authorities to enhance the efficiency and effectiveness of human resources management , where appropriate , through definition of clear responsibilities and increase of professional knowledge and skills . ### to assist the national and regional authorities to enhance the efficiency and effectiveness of human resources management , where appropriate , through definition of clear responsibilities and increase of professional knowledge and skills .


### to assist the national authorities to enhance the efficiency and effectiveness of human resources management , where appropriate , through definition of clear responsibilities and increase of professional knowledge and skills . ### to assist the national authorities to enhance the efficiency and effectiveness of social dialogue , human resources management , where appropriate , through definition of clear responsibilities and increase of professional knowledge and skills .


### against this background , it is necessary to establish a structural reform support programme with the objective of strengthening the capacity of member states to prepare and implement growth - enhancing administrative and structural reforms , including through assistance for the efficient and effective use of the union funds . the programme is intended to contribute to the achievement of common goals towards obtaining economic recovery , job creation , boosting europe ' s competitiveness and stimulating investment in the real economy . ### against this background , it is necessary to establish a structural reform support programme with the objective of strengthening the capacity of member states to design and implement sustainable growth - enhancing administrative and structural economic and social reforms , including through assistance for the efficient and effective use of the union funds , in particular the european structural and investment funds . the programme is intended to contribute to the achievement of common goals towards obtaining economic recovery , boosting europe ' s competitiveness , creating stable and sustainable jobs , increasing productivity , stimulating sustainable investment in the real economy , and towards guaranteeing high quality health and education services , combating poverty and social exclusion and , ultimately , strengthening economic , social and territorial cohesion in the union .


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


### beneficiaries shall be undertakings established in the union , in which member states and / or nationals of member states own more than 50% of the undertaking and effectively control it within the meaning of article 6 , whether directly or indirectly through one or more intermediate undertakings . in addition , all infrastructure , facilities , assets and resources used by the participants , including subcontractors and other third parties , in actions funded under the programme shall not be located on the territory of non - member states during the entire duration of the action . ### participants in the actions foreseen by the programme shall be undertakings and their subcontractors&#160 ; established in the union , in which member states and / or nationals of member states own&#160 ; the undertaking and effectively control it within the meaning of article 6 , whether directly or indirectly through one or more intermediate undertakings . in addition , all infrastructure , facilities , assets and resources used by the participants , including subcontractors and other third parties , in actions foreseen under the programme shall not be located on the territory of non - member states during the entire duration of the action . the use of these infrastructures , facilities , assets and resources shall not be under the control of any third country or entity established outside of the union .


### to foster the competitiveness and innovation capacity of the union defence industry by supporting actions in their development phase ; ### to increase efficient cooperation between member states by supporting actions on union territory in the development phase of the defence industry ;


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


### against this background , it is necessary to establish a structural reform support programme with the objective of strengthening the capacity of member states to prepare and implement growth - enhancing administrative and structural reforms , including through assistance for the efficient and effective use of the union funds . the programme is intended to contribute to the achievement of common goals towards obtaining economic recovery , job creation , boosting europe ' s competitiveness and stimulating investment in the real economy . ### against this background , it is necessary to establish a structural reform support programme with the objective of strengthening the capacity of member states and regional authorities to prepare and implement sustainable administrative and structural reforms , including through assistance for the efficient and effective use of the union funds . the programme is intended to contribute to the achievement of common goals towards obtaining economic recovery , job creation , social inclusion , boosting europe ' s competitiveness and stimulating sustainable investment in the real economy towards quality job creation .


### several member states have been undergoing and continue to undergo adjustment processes to correct macroeconomic imbalances accumulated in the past and many are facing the challenge of low potential growth . the union has identified the implementation of structural reforms among its policy priorities to set the recovery on a sustainable path , unlock the growth potential to strengthen the adjustment capacity , and support the process of convergence . ### several member states have been undergoing and continue to undergo adjustment processes to correct social and macroeconomic imbalances accumulated in the past and many are facing the challenge of low potential growth , high unemployment , increased risk of poverty , shrinking social protection and widening disparities . the union has identified the implementation of sustainable inclusive structural reforms among its policy priorities to set the recovery on a sustainable path , unlock the growth potential to strengthen the adjustment capacity , and develop comprehensive and sustainable inclusion policies to support the process of convergence in line with smart , sustainable and inclusive growth .


### member states should be able to request support from the commission under the programme in relation to the implementation of reforms in the context of economic governance processes , in particular of country specific recommendations in the context of the european semester , to actions related to the implementation of union law , as well as in relation to the implementation of economic adjustment programmes . they should also be able to request support in relation to reforms undertaken at their own initiative , in order to achieve sustainable investment , growth and job creation . ### member states should be able to request support from the commission under the programme in relation to the implementation of their reforms in the context of economic governance processes , in particular of relevant country specific recommendations in the context of the european semester , to actions related to the implementation of union law , policies and strategies , as well as in relation to the implementation of economic adjustment programmes . they should also be able to request support in relation to reforms undertaken at their own initiative , in order to achieve sustainable investment , job creation inclusive growth , social inclusion and cohesion , as well as adequate social protection . in order for the reforms pursued to rest on a wide support , in the process of drawing up applications member states wishing to benefit of the programme should consult relevant stakeholders , such as local and regional authorities , the economic and social partners and civil society , in line with the relevant provisions of the of conduct on partnership under cohesion policy , as well as national parliaments .


### member states may benefit from support in addressing challenges as regards the design and implementation of structural reforms . these challenges may be dependent on various factors , including limited administrative and institutional capacity or inadequate application and implementation of union legislation . ### member states may benefit from support in addressing challenges as regards the design and implementation of sustainable structural reforms in line with the eu ' s economic and social objectives , including support for economic growth , the creation of sustainable and decent jobs , the promotion of sound public investment and social development . these challenges may be dependent on various factors , including limited administrative and institutional capacity or inadequate application and implementation of union legislation , which may lead to inadequately designed reforms that are incapable of meeting these objectives . such facts in turn can affect the long - term growth potential of some member states with knock on effects for social welfare provision and job creation .


### support under the programme should be provided by the commission upon request by a member state , in areas such as budget and taxation , public function , institutional and administrative reforms , the justice system , anti - fraud , anti - corruption and anti - money laundering , business environment , private sector development , investment , competition , public procurement , privatization processes , access to finance , investment , trade , sustainable development , innovation , education and training , labour policies , public health , asylum , migration policies , agriculture and rural development and financial sector policies . ### support under the programme should be provided by the commission upon request by a member state , in policy areas where specific needs have been identified by the member state in consultation with regional authorities and stakeholders .


### in order to ensure uniform conditions for the implementation of this regulation as regards the adoption of the multi - annual and annual work programmes , implementing powers should be conferred on the commission . ### in order to ensure uniform conditions for the implementation of this regulation as regards the adoption of the annual work programmes , implementing powers should be conferred on the commission .


### improving access to and the quality of education , training and lifelong learning across borders with a view to increasing the educational attainment and skills levels thereof as to be recognised across borders ; ### improving access to and the quality of education , training and lifelong learning across borders with a view to increasing the educational attainment and skills levels , in particular linguistic skills , thereof as to be recognised across borders ;


### these powers should be exercised on a proposal from the commission on the maximum total number of persons to be resettled and overall geographical priorities . the commission should make its proposal simultaneously with its proposal on the draft union annual budget . the council should aim to adopt the proposal within two months . the commission and the council should take into account the discussions within the high - level resettlement committee . ### these powers should be exercised on a proposal from the commission on the minimum total number of persons to be resettled and overall priorities concerning persons in most urgent need of protection . the commission should make its proposal simultaneously with its proposal on the draft union annual budget . the council should aim to adopt the proposal within two months . the commission and the council should take into account the discussions within the high - level resettlement committee and align its proposal with the annual tripartite consultations on resettlement , with the aim of gradually scaling up member states ' collective resettlement efforts to reach at least 25% of the global resettlement needs as outlined in unhcr ' s annual projected global resettlement needs .


### such a framework is a necessary part of a well - managed migration policy to reduce divergences among national resettlement practices and procedures , provide for the legal and safe arrival to the territory of the member states of third - country nationals and stateless persons in need of international protection , help reduce the risk of a large - scale irregular inflow of third - country nationals and stateless persons to the territory of the member states and thereby reducing the pressure of spontaneous arrivals on the member states ' asylum systems , be an expression of solidarity with countries in regions to which or within which a large number of persons in need of international protection has been displaced by helping to alleviate the pressure on those countries , help achieve union ' s foreign policy objectives by increasing the union ' s leverage vis - à - vis third countries , and effectively contribute to global resettlement initiatives through speaking with one voice in international fora and with third countries . ### such a framework is a necessary part of a well - managed migration policy to increase and complement national resettlement practices and procedures , provide for the legal and safe arrival to the territory of the member states of third - country nationals and stateless persons in need of international protection , help reduce the risk of a poorly managed irregular inflow of third - country nationals and stateless persons to the territory of the member states and thereby reducing the pressure of spontaneous arrivals on the member states ' asylum systems , be an expression of solidarity with countries in regions to which or within which a large number of persons in need of international protection has been displaced by helping to alleviate the pressure on those countries , help achieve union ' s foreign policy objectives aiming at alleviating protracted refugee situations in third countries , and effectively contribute to global resettlement initiatives through speaking with one voice in international fora and with third countries . together with development actions and policies , resettlement can effectively contribute to decreasing tensions and alleviating protracted refugee situations in third countries .


### the common standard procedures should build on the existing resettlement experience and standards of the member states , in particular the standard operating procedures guiding the implementation of the resettlement scheme with turkey set out in the eu - turkey statement of 18 march 2016 . the union resettlement framework should allow the use of two types of standard resettlement procedures . ### the common standard procedures should build on the existing resettlement experience and standards of the member states and unhcr , in particular the annual tripartite consultations on resettlement , with the aim of gradually scaling up member states ' collective resettlement efforts to reach at least 25% of the global resettlement needs as outlined in unhcr ' s annual projected global resettlement needs . the union resettlement framework should allow the use of two types of standard resettlement procedures .


### the resettlement procedure should be concluded as soon as possible in order to discourage persons in need of international protection to use irregular ways to enter the european union to seek protection . at the same time it should ensure that member states have sufficient time for a full and adequate examination of each case . the time - limits should correspond to what is necessary to make the different types of assessment foreseen for the ordinary and expedited procedure . ### the resettlement procedure should be concluded as soon as possible in order to ensure expedited access to the union for persons in need of international protection . at the same time it should ensure that member states have sufficient time for a full and adequate examination of each case . the time - limits should correspond to what is necessary to make the different types of assessment foreseen for the ordinary and expedited procedure .


### the number of persons in need of international protection displaced to or within a third country and any onward movement of those persons to the territory of the member states ; ### the number of vulnerable refugees in need of resettlement within a third country and any onward movement of those persons to the territory of the member states in accordance with the global resettlement needs as per the unhcr ' s projected global resettlement needs ;


### on the basis of a proposal from the commission , the council shall adopt an annual union resettlement plan in the year preceding that in which it is to be implemented . ### on the basis of a proposal from the commission and in line with the unhcr ' s projected global resettlement needs , the council shall adopt an annual union resettlement plan in the year preceding that in which it is to be implemented .


### building on the existing initiatives , a stable and reliable union resettlement framework should be established for the resettlement of persons in need of international protection to be implemented in accordance with annual union resettlement plans and targeted union resettlement schemes which effectively deliver on member states ' concrete commitments . ### building on the existing initiatives , a stable and reliable union resettlement framework should be established for the resettlement of persons in need of international protection to be implemented in accordance with annual union resettlement plans and targeted union resettlement schemes which effectively deliver on member states ' concrete commitments . the european union resettlement framework should be based on humanitarian needs , contribute to meeting the global resettlement needs and alleviate protracted refugee situations .


### the precise number of persons to be resettled from the maximum total number as set out in the annual union resettlement plan provided for in point of article 7 and details about the participation of the member states in the targeted union resettlement scheme ; ### the number of persons to be resettled from the minimum total number as set out in the annual union resettlement plan provided for in point of article 7 and details about the participation of the member states in the targeted union resettlement scheme ;


### contribute to the reduction of the risk of a large - scale irregular inflow of third - country nationals and stateless persons in need of international protection to the territory of the member states ; ### contribute to ensuring expedited access to the union for third - country nationals and stateless persons in need of international protection and increase member states ' resettlement efforts ;


### at least eur 960 000 000 as a contribution to the operational costs of the national agencies . ### at least 3 , 2% as a contribution to the operational costs of the national agencies .


### at least eur 8 640 000 000 should be allocated to higher education actions referred to in point of article 4 and point of article 5 ; ### at least 30% should be allocated to higher education actions referred to in point of article 4 and point of article 5 ;


### the programme should reinforce existing learning mobility opportunities , notably in those sectors where the programme could have the biggest efficiency gains , to broaden its reach and meet the high unmet demand . this should be done notably by increasing and facilitating mobility activities for higher education students , school pupils and learners in vocational education and training . mobility of low - skilled adult learners should be embedded in partnerships for cooperation . mobility opportunities for youth participating in non - formal learning activities should also be extended to reach more young people . mobility of staff in education , training , youth and sport should also be reinforced , considering its leverage effect . in line with the vision of a true european education area , the programme should also boost mobility and exchanges and promote student participation in educational and cultural activities by supporting digitalisation of processes , such as the european student card . this initiative can be an important step in making mobility for all a reality first by enabling higher education institutions to send and receive more exchange students while still enhancing quality in student mobility and also by facilitating students ' access to various services before arriving at the institution abroad . ### the programme should reinforce existing learning mobility opportunities , notably in those sectors where the programme could have the biggest efficiency gains , to broaden its reach and meet the high unmet demand . this should be done notably by increasing and facilitating mobility activities for groups currently reached less , especially young people not in formal education and learners in vocational education and training as well as school pupils . higher education students could continue to be targeted at the existing high level . mobility of low - skilled , disadvantaged learners or those with fewer opportunities should be embedded in partnerships for cooperation . mobility opportunities for youth participating in non - formal or informal learning activities should also be fundamentally extended to reach more young people , especially newcomers , those with fewer opportunities and hard - to - reach population . mobility of staff in education , training , youth and sport should also be reinforced , considering its leverage effect . in line with the vision of a true european education area , the programme should also boost mobility and exchanges and promote student participation in educational and cultural activities by supporting digitalisation of processes , such as the european student card . this initiative can be an important step in making mobility for all a reality first by enabling higher education institutions to send and receive more exchange students while still enhancing quality in student mobility and also by facilitating students ' access to various services before arriving at the institution abroad .


### the general objective of the programme is to support the educational , professional and personal development of people in education , training , youth and sport , in europe and beyond , thereby contributing to sustainable growth , jobs and social cohesion and to strengthening european identity . as such , the programme shall be a key instrument for building a european education area , supporting the implementation of the european strategic cooperation in the field of education and training , with its underlying sectoral agendas , advancing youth policy cooperation under the union youth strategy 2019 - 2027 and developing the european dimension in sport . ### the general objective of the programme is to support the educational , professional and personal development of people in education , training , youth , adult learning and sport , in europe and beyond , thereby contributing to a sustainable future , especially quality jobs , social cohesion and inclusion , reduction of poverty , global and local environmental protection , furthermore promote active citizenship , participation in democratic life in order to strengthening european identity . as such , the programme shall be a key instrument for building a european education area , supporting the implementation of the european strategic cooperation in the field of education , training , adult learning and youth work with its underlying sectoral agendas , strengthening the youth sector , advancing youth policy cooperation under the union youth strategy 2019 - 2027 and developing the european dimension in sport , art and environmental protection .


### eur 550 000 000 for actions in the field of sport referred to in articles 11 to 13 ; and ### 1 , 8% for actions in the field of sport referred to in articles 11 to 13 ; and


### the programme should encourage youth participation in europe ' s democratic life , including by supporting participation projects for young people to engage and learn to participate in civic society , raising awareness about european common values including fundamental rights , bringing together young people and decision makers at local , national and union level , as well as contributing to the european integration process . ### the programme should encourage youth participation in europe ' s democratic life , including by supporting participation projects for young people to engage and learn to participate in civic society , raising awareness about european common values including fundamental rights , bringing together young people and decision makers at local , national and union level , as well as contributing to the european integration process . the programme recognises the key role of youth organisations and youth work in reaching this objective and will focus on building a stronger youth sector in europe by supporting and promoting the operation and projects of youth organisations across europe , neighbouring countries and cooperation with the rest of the world .


### at least eur 5 230 000 000 to actions in vocational education and training referred to in point of article 4 and point of article 5 ; ### at least 30% to actions in vocational education and training referred to in point of article 4 and point of article 5 ;


### member states should endeavour to adopt all appropriate measures to remove legal and administrative obstacles to the proper functioning of the programme . this includes resolving , where possible , and without prejudice to union law on the entry and residence of third - country nationals issues that create difficulties in obtaining visas and residence permits . in line with directive 2016 / 801 of the european parliament and of the council39 , member states are encouraged to establish fast - track admission procedures . _________________ 39 directive 2016 / 801 of the european parliament and of the council of 11 may 2016 on the conditions of entry and residence of third - country nationals for the purposes of research , studies , training , voluntary service , pupil exchange schemes or educational projects and au pairing . ### member states should endeavour to adopt all appropriate measures to remove legal and administrative obstacles to the proper functioning of the programme . this includes resolving , where possible , and without prejudice to union law on the entry and residence of third - country nationals issues that create difficulties in obtaining visas and residence permits and other legal or administrative difficulties that could prevent access to the programme . in line with directive 2016 / 801 of the european parliament and of the council39 , member states are encouraged to establish fast - track admission procedures . _________________ 39 directive 2016 / 801 of the european parliament and of the council of 11 may 2016 on the conditions of entry and residence of third - country nationals for the purposes of research , studies , training , voluntary service , pupil exchange schemes or educational projects and au pairing .


### facilitate the development , update and use of solutions and frameworks by european public administrations , businesses and citizens , including the re - use of interoperability solutions and frameworks ; ### facilitate the development , update and use of solutions and frameworks by european public administrations , businesses and citizens , including open source and the re - use of interoperability solutions and frameworks ;


### build up and strengthen core artificial intelligence capacities in the union , including data resources and libraries of algorithms in compliance with data protection legislation ; ### build up and strengthen core artificial intelligence capacities in the union , including data resources and libraries of algorithms in full&#160 ; compliance with data protection legislation ;


### the european council concluded in particular that the union should urgently address emerging trends : this includes issues such as artificial intelligence and distributed ledgers technologies , while at the same time ensuring a high level of data protection , digital rights and ethical standards . the european council invited the commission to put forward a european approach to artificial intelligence by early 2018 and called on the commission to put forward the necessary initiatives for strengthening the framework conditions with a view to enable the eu to explore new markets through risk - based radical innovations and to reaffirm the leading role of its industry . ### the european council concluded in particular that the union should urgently address emerging trends : this includes issues such as artificial intelligence , while at the same time ensuring a high level of data protection in full compliance with regulation 2016 / 679 , digital rights , fundamental rights and ethical standards . the european council invited the commission to put forward a european approach to artificial intelligence by early 2018 and called on the commission to put forward the necessary initiatives for strengthening the framework conditions with a view to enable the eu to explore new markets through risk - based radical innovations and to reaffirm the leading role of its industry .


### deploy , operate and maintain trans - european interoperable digital service infrastructures in complementarity with national and regional actions ; ### deploy , operate and maintain trans - european interoperable state of the art digital service infrastructures in complementarity with national and regional actions ;


### a central role in the implementation of the programme should be attributed to digital innovation hubs , which should stimulate the broad adoption of advanced digital technologies by industry , by public organisations and academia . a network of digital innovation hubs should ensure the widest geographical coverage across europe59 . a first set of digital innovation hubs will be selected based on member states’ proposals and then the network will be enlarged through an open and competitive process . the digital innovation hubs will serve as access points to latest digital capacities including high performance computing , artificial intelligence , cybersecurity , as well as other existing innovative technologies such as key enabling technologies , available also in fablabs or citylabs . they shall act as single - entry points in accessing tested and validated technologies and promote open innovation . they will also provide support in the area of advanced digital skills . the network of digital innovation hubs should also contribute to the participation of the outermost regions in the digital single market . _________________ 59 as indicated in the communication on digitising european industry 180 final ) ### a central role in the implementation of the programme should be attributed to digital innovation hubs , which should stimulate the broad adoption of advanced digital technologies by industry , by public organisations , public administrations and academia . a network of digital innovation hubs should ensure the widest geographical coverage across europe59 . a first set of digital innovation hubs will be selected based on member states’ proposals and then the network will be enlarged through an open , transparent and competitive process . the digital innovation hubs will serve as access points to latest digital capacities including high performance computing , artificial intelligence , cybersecurity , as well as other existing innovative technologies such as key enabling technologies , available also in fablabs or citylabs . they shall act as single - entry points in accessing tested and validated technologies and promote open innovation . they will also provide support in the area of advanced digital skills . the network of digital innovation hubs should also contribute to the participation of the outermost regions in the digital single market . _________________ 59 as indicated in the communication on digitising european industry 180 final )


### deploy , coordinate at the union level and operate an integrated world - class exascale77 supercomputing and data infrastructure in the union that shall be accessible on a non - commercial basis to public and private users and for publicly funded research purposes ; _________________ 77 billions of billions of floating operations per second ### deploy , coordinate at the union level and operate an integrated world - class exascale77 supercomputing and data infrastructure in the union that shall be accessible to public and private users and for publicly funded research purposes as long as it can be shown that there is no commercial intent ; _________________ 77 billions of billions of floating operations per second


### support the design and delivery of short - term trainings and courses for entrepreneurs , small business leaders and the workforce ; ### support the design and delivery of short - term trainings and courses for the workforce and entrepreneurs , including small business leaders and innovators ;


### support cooperation towards achieving a european ecosystem for trusted infrastructures using distributed ledger services and applications , including support for interoperability and standardisation and fostering the deployment of eu cross - border applications ; ### support cooperation towards achieving a european ecosystem for trusted infrastructures , including support for interoperability , encryption and standardisation and fostering the deployment of eu cross - border applications ;


### support the design and delivery of long - term trainings and courses for students , it professionals and the workforce ; ### support the design and delivery of more long - term and requalification trainings and courses for students , the workforce , &#160 ; it professionals , researchers and academics ;


### ' digital innovation hub ' means legal entity designated or selected in an open and competitive procedure in order to fulfil the tasks under the programme , in particular providing access to technological expertise and experimentation facilities , such as equipment and software tools to enable the digital transformation of the industry . ### ' digital innovation hub ' means legal entity designated or selected in an open and competitive procedure in order to fulfil the tasks under the programme , in particular providing access to technological expertise and experimentation facilities , such as equipment and software tools to enable the digital transformation of the industry . the detailed conditions to be fulfilled in order to be designated as ' digital innovation hub ' and the tasks to be executed , shall be harmonised and announced in due time in order to allow for proper preparation and implementation of the actions .


### support , together with member states , the procurement of advanced cybersecurity equipment , tools and data infrastructures in full compliance with data protection legislation ; ### support , together with member states , the procurement of advanced cybersecurity equipment , tools and data infrastructures in full compliance with data protection legislation and the fundamental rights ;


### the advanced digital technologies supported by this programme , such as high performance computing , cybersecurity and artificial intelligence are now sufficiently mature to move beyond the research arena and be deployed , implemented and scaled - up at union level . just as the deployment of these technologies require a union response so does the skills dimension . training opportunities in advanced digital skills need to be scaled up , increased and made accessible throughout the eu . failing this could impede the smooth deployment of advanced digital technologies and hamper the overall competitiveness of union ' s economy . the actions supported by this programme are complementary to those supported by the esf , erdf and horizon europe programmes . ### the advanced digital technologies supported by this programme , such as high performance computing , cybersecurity , data protection and artificial intelligence are now sufficiently mature to move beyond the research arena and be deployed , implemented and scaled - up at union level . just as the deployment of these technologies require a union response so does the skills dimension . training opportunities in advanced digital skills need to be scaled up , increased and made accessible throughout the eu . failing this could impede the smooth deployment of advanced digital technologies and hamper the overall competitiveness of union ' s economy . the actions supported by this programme are complementary to those supported by the esf , erdf and horizon europe programmes .


### support on - the - job trainings and traineeships for students , young entrepreneurs and graduates . ### support on - the - job trainings and traineeships for students , workforce and entrepreneurs .


### support , together with member states , the procurement of advanced cybersecurity equipment , tools and data infrastructures in full compliance with data protection legislation ; ### support , together with member states , the procurement of advanced cybersecurity equipment , tools and data infrastructures in order to achieve a common high level of cybersecurity at the european level , in full compliance with data protection legislation and the fundamental rights ;


### for the purpose of the establishment of the network mentioned in paragraph 1 , each member state shall designate candidate entities through an open and competitive process , on the basis of the following criteria : ### for the purpose of the establishment of the network mentioned in paragraph 1 , each member state shall designate candidate entities , based on harmonised rules , through an open , transparent and competitive process , on the basis of the following criteria :


### support the design and delivery of long - term trainings and courses for students , it professionals and the workforce ; ### support the design and delivery of long - term and requalification trainings and courses for students , it professionals and the workforce , including for work - seekers ;


### transparency on the votes of member state representatives at the appeal committee level should be increased and the individual member state representatives ' votes should be made public . ### transparency on the votes , views and orientations of member state representatives at committee level , including at appeal committee level , should be increased and details of those votes , views and orientations should be made public .


### the voting results including , in the case of the appeal committee , the votes expressed by the representative of each member state ; ; ### the voting results , including the votes expressed by the representative of each member state as well as substantive reasons by each representative for their vote ;


### in so far as is necessary in order to achieve the objectives set out in this regulation and perform its tasks , berec may cooperate with competent union bodies , agencies , offices and advisory groups , with competent authorities of third countries and / or with international organisations , in accordance to article 26 ### in so far as is necessary for it to achieve the objectives set out in this regulation and perform its tasks and contribute to broader union policy objectives , berec may consult the nras and cooperate with competent union bodies , agencies , offices and advisory groups , with competent authorities of member states , third countries and / or with national and international organisations , in accordance with article 26 .


### the provisions of directive 2013 / 32 / eu related to the application of the safe country of origin concept should be applicable in relation to third countries that are on the eu common list established by this regulation . this means , in particular , that the circumstance that a third country is on the eu common list of safe countries of origin cannot establish an absolute guarantee of safety for nationals of that country and does not dispense therefore with the need to conduct an appropriate individual examination of the application for international protection . in addition , it should be recalled that , where an applicant shows that there are serious reasons to consider the country not to be safe in his or her particular circumstances , the designation of the country as safe can no longer be considered relevant for him or her . ### the provisions of directive 2013 / 32 / eu related to the application of the safe country of origin concept should be applicable in relation to third countries that are on the eu common list established by this regulation . this means , in particular , that the circumstance that a third country is on the eu common list of safe countries of origin cannot establish an absolute guarantee of safety for nationals of that country and does not dispense therefore with the need to conduct an appropriate individual examination of the application for international protection . in addition , it should be recalled that , where an applicant expresses that there are serious reasons to consider the country not to be safe in his or her particular circumstances , the designation of the country as safe can no longer be considered relevant for him or her . member states should be aware that for some minority groups such as lesbian , gay , bisexual , transgender and intersex persons , claiming to belong to this minority as part of the asylum process can in itself be enough to put these individuals at risk in their country of origin . therefore , there should be no burden of proof on applicants to demonstrate or give evidence that they belong to a vulnerable or minority group , especially where such burden of proof violates a person ' s dignity . the right of applicants to an effective remedy in the case of a negative decision should be guaranteed .


### the prescribed medicated feed may be used only for animals examined by the person who issued the prescription and only for a diagnosed disease . the person who issued the prescription shall verify that this medication is justified for the target animals on veterinary grounds . furthermore he shall ensure that the administration of the veterinary medicinal product concerned is not incompatible with another treatment or use and that there is no contra - indication or interaction where several medicinal products are used . ### the prescribed medicated feed may be used only for animals examined by the veterinarian who issued the prescription and only for a diagnosed disease . the veterinarian who issued the prescription shall verify that this medication is justified for the target animals on veterinary grounds . furthermore he shall ensure that the administration of the veterinary medicinal product concerned is not incompatible with another treatment or use and that there is no contra - indication or interaction where several medicinal products are used .


### in order to ensure the safe use of medicated feed , its supply and use should be subject to presentation of a valid veterinary prescription which has been issued after examination of the animals to be treated . however , the possibility to manufacture medicated feed before a prescription is presented to the manufacturer should not be excluded . ### in order to ensure the safe use of medicated feed , its supply and use should be subject to presentation of a valid veterinary prescription which has been issued after examination of the animals to be treated .


### a system for the collection of unused or expired products should be put in place in order to control any risk that such products might raise with regard to the protection of animal , human health or the environment . ### a system for the collection of unused or expired products should be put in place in order to control any risk that such products might raise with regard to the protection of animal , human health or the environment . collection points should keep records on the return of unconsumed medicated feed containing antimicrobial veterinary medicinal products .


### the prescription shall contain the information set out in annex v . the original prescription shall be kept by the manufacturer or , where appropriate , the distributor . the person issuing the prescription and the animal holder shall keep a copy of the prescription . the original and copies shall be kept for three years from the date of issuance . ### the prescription shall contain the information set out in annex v . the original prescription shall be kept by the manufacturer or , where appropriate , the distributor . the veterinarian issuing the prescription and the animal holder shall keep a copy of the prescription . the original and copies shall be kept for three years from the date of issuance .


### family benefits in cash intended to replace income during a periods of child - raising are individual rights which are personal to the parent subject to the legislation of the competent member state . given the specific nature of these family benefits , such benefits should be listed in part i of annex xiii to this regulation and should be exclusively reserved to the parent concerned . the member state with secondary competence may elect that the rules of priority in the case of overlapping of rights to family benefits under the legislation of the competent member state and under the legislation of the member state of residence of members of the family should not apply to such benefits . where a member state chooses to disapply the priority rules it must do so consistently in respect of all entitled persons in an analogous situation and be listed in part ii of annex xiii . ### family benefits in cash which are primarily intended to replace income not earned , whether in part or in full , or income that the person cannot earn , due to child - raising , can be distinguished from other family benefits intended to meet family expenses . as such benefits could be considered as individual rights which are personal to the parent subject to the legislation of the competent member state it should be possible to exclusively reserve them to the parent concerned . such individual benefits should be listed in part i of annex xiii to this regulation . the member state with secondary competence may elect that the rules of priority in the case of overlapping of rights to family benefits under the legislation of the competent member state and under the legislation of the member state of residence of members of the family should not apply to such benefits . where a member state chooses to disapply the priority rules it must do so consistently in respect of all entitled persons in an analogous situation and provided the benefits are listed in part ii of annex xiii .


### article 30 contributions by pensioners the institution of a member state which is responsible under the legislation it applies for making deductions in respect of contributions for sickness , maternity and equivalent paternity benefits , may request and recover such deductions , calculated in accordance with the legislation it applies , only to the extent that the cost of the benefits pursuant to articles 23 to 26 is to be borne by an institution of the said member state . 2 . where , in the cases referred to in article 25 , the acquisition of sickness , maternity and equivalent paternity benefits is subject to the payment of contributions or similar payments under the legislation of a member state in which the pensioner concerned resides , these contributions shall not be payable by virtue of such residence . ### article 30 is replaced by the following : “article 30 contributions by pensioners the institution of a member state which is responsible under the legislation it applies for making deductions in respect of contributions for sickness , maternity and equivalent paternity and long - term care benefits , may request and recover such deductions , calculated in accordance with the legislation it applies , only to the extent that the cost of the benefits pursuant to articles 23 to 26 is to be borne by an institution of the said member state . 2 . where in the cases referred to in article 25 , the acquisition of sickness , maternity and equivalent paternity and long - term care benefits is subject to the payment of contributions or similar payments under the legislation of a member state in which the pensioner concerned resides , these contributions shall not be payable by virtue of such residence . ”


### article 19 stay outside the competent member state unless otherwise provided for by paragraph 2 , an insured person and the members of his / her family staying in a member state other than the competent member state shall be entitled to the benefits in kind which become necessary on medical grounds during their stay , taking into account the nature of the benefits and the expected length of the stay . these benefits shall be provided on behalf of the competent institution by the institution of the place of stay , in accordance with the provisions of the legislation it applies , as though the persons concerned were insured under the said legislation . 2 . the administrative commission shall establish a list of benefits in kind which , in order to be provided during a stay in another member state , require for practical reasons a prior agreement between the person concerned and the institution providing the care . ### article 19 is replaced by the following ; “article 19 stay outside the competent member state unless otherwise provided for by paragraph 2 , an insured person and the members of his / her family staying in a member state other than the competent member state shall be entitled to the benefits in kind which become necessary on either medical grounds or due to the need for long - term care during their stay , taking into account the nature of the benefits and the expected length of the stay . these benefits shall be provided on behalf of the competent institution by the institution of the place of stay , in accordance with the provisions of the legislation it applies , as though the persons concerned were insured under the said legislation . 2 . the administrative commission shall establish a list of benefits in kind which , in order to be provided during a stay in another member state , require for practical reasons a prior agreement between the person concerned and the institution providing the benefit . ”


### a frontier worker who has retired because of old - age or invalidity is entitled in the event of sickness to continue to receive benefits in kind in the member state where he / she last pursued his / her activity as an employed or self - employed person , in so far as this is a continuation of treatment which began in that member state . ' continuation of treatment ' means the continued investigation , diagnosis and treatment of an illness for its entire duration . ### in article 28 , the first subparagraph is replaced by the following : “1 . a frontier worker who has retired because of old - age or invalidity is entitled in the event of sickness or the need for long - term care to continue to receive benefits in kind in the member state where he / she last pursued his / her activity as an employed or self - employed person , in so far as this is a continuation of treatment or long - term care which began in that member state . ‘ continuation of treatment’ means the continued investigation , diagnosis and treatment of an illness for its entire duration ; ' continuation of long - term care ' means the continued granting of long - term care benefits in kind due to the need of care which was established already before retirement and which continues beyond that date . ”


### the delegation of power referred to in article 88 shall be conferred on the european commission for an indeterminate period of time from the [ the date of entry into force of the regulation xxxx ] . ### the power to adopt delegated acts referred to in articles - 88 and 88 shall be conferred on the commission for a period of five years from . . . [ the date of entry into force of regulation xxxx - cod 2016 / 397 ] . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### the delegation of the power referred to in article 88 may be revoked at any time by the european parliament or by the council . a decision of revocation shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force ### the delegation of the power referred to in articles - 88 and 88 may be revoked at any time by the european parliament or by the council . a decision of revocation shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force .


### long - term care benefits for insured persons and members of their families need to be coordinated according to specific rules which , in principle , follow the rules applicable to sickness benefits , in line with the case law of the court of justice . it is also necessary to provide for specific provisions in case of overlapping of long - term care benefits in kind and in cash . ### in line with the case - law of the court of justice of the european union , long - term care benefits for insured persons and members of their families should , in principle , continue to be coordinated following the rules applicable to sickness benefits . however , those rules should take into account the specific nature of long - term care benefits . it is also necessary to provide for specific provisions in case of overlapping of long - term care benefits in kind and in cash .


### for the purposes of the application of article 12 of the basic regulation , the words ‘ which normally carries out its activities there’ shall refer to an employer that ordinarily performs substantial activities , other than purely internal management activities , in the territory of the member state in which it is established , taking account of all criteria characterising the activities carried out by the undertaking in question . the relevant criteria must be suited to the specific characteristics of each employer and the real nature of the activities carried out . ### paragraph 2 is replaced by the following : ' 2 . for the purposes of the application of article 12 of the basic regulation , the words ‘ which normally carries out its activities there’ shall refer to an employer that ordinarily performs substantial activities . in order to determine whether an undertaking genuinely performs substantial activities , other than purely internal management and / or administrative , activities , the competent authorities shall make an overall assessment of all factual elements characterising those activities , taking account of a wider timeframe , carried out by an undertaking in the member state of establishment . such elements may include in particular : ' the place where the undertaking has its registered office and administration , uses office space , pays taxes and social security contributions and , where applicable , in accordance with national law has a professional licence or is registered with the chambers of commerce or professional bodies ; the place where workers are recruited and from which they are sent ; the law applicable to the contracts concluded by the undertaking with its workers , on the one hand , and with its clients , on the other ; the place where the undertaking performs its substantial business activity and where it employs administrative staff ; the number of contracts performed and / or the size of the turnover realised in the member state of establishment , taking into account the specific situation of , inter alia , newly established undertakings and smes . ”


### if a recipient of long - term care benefits in cash , which have to be treated as sickness benefits and are therefore provided by the member state competent for cash benefits under articles 21 or 29 , is , at the same time and under this chapter , entitled to claim benefits in kind intended for the same purpose from the institution of the place of residence or stay in another member state , and an institution in the first member state is also required to reimburse the cost of these benefits in kind under article 35 , the general provision on prevention of overlapping of benefits laid down in article 10 shall be applicable , with the following restriction only : if the person concerned claims and receives the benefit in kind , the amount of the benefit in cash shall be reduced by the amount of the benefit in kind which is or could be claimed from the institution of the first member state required to reimburse the cost . ### in article 34 , paragraph 1 is replaced by the following : “1 . if a recipient of long - term care benefits in cash , provided under articles 21 or 29 , is , at the same time and under this chapter , entitled to claim benefits in kind intended for the same purpose from the institution of the place of residence or stay in another member state , and an institution in the first member state is also required to reimburse the cost of these benefits in kind under article 35 , the general provision on prevention of overlapping of benefits laid down in article 10 shall be applicable , with the following restriction only : if the person concerned claims and receives the benefit in kind , the amount of the benefit in cash shall be reduced by the amount of the benefit in kind which is or could be claimed from the institution of the first member state required to reimburse the cost . ”


### to ensure the effective and efficient operation of the coordination rules it is necessary to clarify the rules for determining applicable legislation for employees who pursue their economic activity in two or more member states in order to provide a greater parity with the conditions that apply to persons who are posted or sent to pursue economic activity in a single member state . moreover , the posting rules providing for the continuation of the applicable legislation should only apply to persons who had a prior link to the social security system of the member state of origin . ### to ensure the effective and efficient operation of the coordination rules it is necessary to clarify the rules for determining applicable legislation for employees who pursue their economic activity in two or more member states in order to provide a greater parity with the conditions that apply to persons who are sent to pursue economic activity in a single member state . moreover , the rules providing for the continuation of the applicable legislation should only apply to persons who had a prior link to the social security system of the member state of origin .


### article 26 scheduled treatment authorisation procedure for the purposes of the application of article 20 of the basic regulation , the insured person shall present a document issued by the competent institution to the institution of the place of stay . for the purposes of this article , the competent institution shall mean the institution which bears the cost of the scheduled treatment ; in the cases referred to in article 20 and 27 of the basic regulation , in which the benefits in kind provided in the member state of residence are reimbursed on the basis of fixed amounts , the competent institution shall mean the institution of the place of residence . 2 . if an insured person does not reside in the competent member state , he shall request authorisation from the institution of the place of residence , which shall forward it to the competent institution without delay . in that event , the institution of the place of residence shall certify in a statement whether the conditions set out in the second sentence of article 20 of the basic regulation are met in the member state of residence . the competent institution may refuse to grant the requested authorisation only if , in accordance with the assessment of the institution of the place of residence , the conditions set out in the second sentence of article 20 of the basic regulation are not met in the member state of residence of the insured person , or if the same treatment can be provided in the competent member state itself , within a time - limit which is medically justifiable , taking into account the current state of health and the probable course of illness of the person concerned . the competent institution shall inform the institution of the place of residence of its decision . in the absence of a reply within the deadlines set by its national legislation , the authorisation shall be considered to have been granted by the competent institution . 3 . if an insured person who does not reside in the competent member state is in need of urgent vitally necessary treatment , and the authorisation cannot be refused in accordance with the second sentence of article 20 of the basic regulation , the authorisation shall be granted by the institution of the place of residence on behalf of the competent institution , which shall be immediately informed by the institution of the place of residence . the competent institution shall accept the findings and the treatment options of the doctors approved by the institution of the place of residence that issues the authorisation , concerning the need for urgent vitally necessary treatment . 4 . at any time during the procedure granting the authorisation , the competent institution shall retain the right to have the insured person examined by a doctor of its own choice in the member state of stay or residence . 5 . the institution of the place of stay shall , without prejudice to any decision regarding authorisation , inform the competent institution if it appears medically appropriate to supplement the treatment covered by the existing authorisation . b . meeting the cost of benefits in kind incurred by the insured person 6 . without prejudice to paragraph 7 , article 25 and of the implementing regulation shall apply mutatis mutandis . 7 . if the insured person has actually borne all or part of the costs for the authorised medical treatment him or herself and the costs which the competent institution is obliged to reimburse to the institution of the place of stay or to the insured person according to paragraph 6 are lower than the costs which it would have had to assume for the same treatment in the competent member state , the competent institution shall reimburse , upon request , the cost of treatment incurred by the insured person up to the amount by which the notional cost exceeds the actual cost . the reimbursed sum may not , however , exceed the costs actually incurred by the insured person and may take account of the amount which the insured person would have had to pay if the treatment had been delivered in the competent member state . c . meeting the costs of travel and stay as part of scheduled treatment 8 . where the national legislation of the competent institution provides for the reimbursement of the costs of travel and stay which are inseparable from the treatment of the insured person , such costs for the person concerned and , if necessary , for a person who must accompany him / her , shall be assumed by this institution when an authorisation is granted in the case of treatment in another member state . d . family members 9 . paragraphs 1 to 8 shall apply mutatis mutandis to the members of the family of the insured persons . ### article 26 is replaced by the following : ' article 26 scheduled treatment authorisation procedure for the purposes of the application of article 20 of the basic regulation , the insured person shall present a document issued by the competent institution to the institution of the place of stay . for the purposes of this article , the competent institution shall mean the institution which bears the cost of the scheduled treatment or long - term care ; in the cases referred to in article 20 and 27 of the basic regulation , in which the benefits in kind provided in the member state of residence are reimbursed on the basis of fixed amounts , the competent institution shall mean the institution of the place of residence . 2 . if an insured person does not reside in the competent member state , he shall request authorisation from the institution of the place of residence , which shall forward it to the competent institution without delay . in that event , the institution of the place of residence shall certify in a statement whether the conditions set out in the second sentence of article 20 of the basic regulation are met in the member state of residence . the competent institution may refuse to grant the requested authorisation only if , in accordance with the assessment of the institution of the place of residence , the conditions set out in the second sentence of article 20 of the basic regulation are not met in the member state of residence of the insured person , or if the same treatment or long - term care can be provided in the competent member state itself , within a time - limit which is medically justifiable or on the basis of a long - term care need , taking into account the current state of health or of care need and the probable course of illness of the person concerned . the competent institution shall inform the institution of the place of residence of its decision . in the absence of a reply within the deadlines set by its national legislation , the authorisation shall be considered to have been granted by the competent institution . 3 . if an insured person who does not reside in the competent member state is in need of urgent vitally necessary treatment , and the authorisation cannot be refused in accordance with the second sentence of article 20 of the basic regulation , the authorisation shall be granted by the institution of the place of residence on behalf of the competent institution , which shall be immediately informed by the institution of the place of residence . the competent institution shall accept the findings and the treatment options of the doctors approved by the institution of the place of residence that issues the authorisation , concerning the need for urgent vitally necessary treatment . 4 . at any time during the procedure granting the authorisation , the competent institution shall retain the right to have the insured person examined by a doctor or long - term care provider of its own choice in the member state of stay or residence . 5 . the institution of the place of stay shall , without prejudice to any decision regarding authorisation , inform the competent institution if it appears appropriate medically or in the relation to the care need to supplement the treatment covered by the existing authorisation . b . meeting the cost of benefits in kind incurred by the insured person 6 . without prejudice to paragraph 7 , article 25 and of the implementing regulation shall apply mutatis mutandis . 7 . if the insured person has actually borne all or part of the costs for the authorised medical treatment him or herself and the costs which the competent institution is obliged to reimburse to the institution of the place of stay or to the insured person according to paragraph 6 are lower than the costs which it would have had to assume for the same treatment in the competent member state , the competent institution shall reimburse , upon request , the cost of treatment incurred by the insured person up to the amount by which the notional cost exceeds the actual cost . the reimbursed sum may not , however , exceed the costs actually incurred by the insured person and may take account of the amount which the insured person would have had to pay if the treatment had been delivered in the competent member state . c . meeting the costs of travel and stay as part of scheduled treatment 8 . where the national legislation of the competent institution provides for the reimbursement of the costs of travel and stay which are inseparable from the treatment of the insured person , such costs for the person concerned and , if necessary , for a person who must accompany him / her , shall be assumed by this institution when an authorisation is granted in the case of treatment in another member state . d . family members 9 . paragraphs 1 to 8 shall apply mutatis mutandis to the members of the family of the insured persons . '


### this regulation respects fundamental rights and observes the principles recognised in the charter of fundamental rights of the european union , notably the protection of personal data , the freedom to choose an occupation and right to engage in work , the right to property , the right to non - discrimination , the rights of the child , the rights of the elderly , integration of persons with disabilities , the right to family and professional life ; the right to social security and social assistance , the right to health care and the right to freedom of movement and residence ; and has to be implemented in accordance with those rights and principles . ### this regulation respects fundamental rights and observes the principles recognised in the charter of fundamental rights of the european union , notably the right to human dignity , the right to life , the respect for private and family life , the protection of personal data , the freedom to choose an occupation and right to engage in work , the right to property , the right to non - discrimination , equality between men and women , the rights of the child , the rights of the elderly , integration of persons with disabilities , the right to family and professional life ; the right to social security and social assistance , the right to health care and the right to freedom of movement and residence ; and has to be implemented by the member states in accordance with those rights and principles .


### a person who normally pursues an activity as a self - employed person in a member state who goes to pursue a similar activity in another member state shall continue to be subject to the legislation of the first member state , provided that the anticipated duration of such activity does not exceed 24 months and that the person is not replacing another posted employed or self - employed person . ### a person who normally pursues an activity as a self - employed person in a member state who goes to pursue a similar activity in another member state shall continue to be subject to the legislation of the first member state , provided that : the anticipated or actual duration of such activity does not exceed six months and that the person is not replacing another posted employed or self - employed person , and for a period of at least six months immediately preceding the start of the activity , the person concerned has already been subject to the legislation of the member state in which he or she normally pursues his or her activity .


### long - term care benefits for insured persons and members of their families need to be coordinated according to specific rules which , in principle , follow the rules applicable to sickness benefits , in line with the case law of the court of justice . it is also necessary to provide for specific provisions in case of overlapping of long - term care benefits in kind and in cash . ### in line with the case law of the court of justice long - term care benefits for insured persons and members of their families should , in principle , continue to be coordinated following the rules applicable to sickness benefits . however , these rules should take into account the specific nature of long term care benefits . it is also necessary to provide for specific provisions in case of overlapping of long - term care benefits in kind and in cash .


### long - term care benefits have so far not been included explicitly within the material scope of regulation no 883 / 2004 but coordinated as sickness benefits , leading to legal uncertainty both for institutions and persons claiming long - term care benefits . there is a need to develop a stable legal framework appropriate to long - term care benefits within the regulation to include a clear definition of such benefits . ### long - term care benefits have so far not been included explicitly within the material scope of regulation no 883 / 2004 but coordinated as sickness benefits . there is a need to include a clear definition of such benefits concerning long - term care and to update the rules to take into account their specificities .


### a delegated act adopted pursuant to article 88 shall enter into force only if no objection has been expressed either by the european parliament or by the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiring of that period , the european parliament and the council have both informed the european commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or the council . ### a delegated act adopted pursuant to articles - 88 and 88 shall enter into force only if no objection has been expressed either by the european parliament or by the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiring of that period , the european parliament and the council have both informed the european commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or the council .


### in paragraph 1 the word &#8220 ; three&#8221 ; shall be replaced by &#8220 ; six&#8221 ; and the words &#8220 ; of three months up to a maximum of six months&#8221 ; shall be replaced by the words &#8220 ; of six months up to the end of the period of that person ' s entitlement to benefits&#8221 ; ; ### in paragraph 1 , point is replaced by the following : “ entitlement to unemployment benefits shall be maintained until their expiry ; ”


### implementing powers should be conferred on the european commission in order to ensure uniform conditions for the implementation of articles 12 and 13 of regulation no 883 / 2004 . those powers should be exercised in accordance with article 5 of regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission’s exercise of implementing powers . 37 __________________ 37 oj l 55 , 28 . 2 . 2011 , p . 13 . ### in order to supplement this regulation by establishing a standard procedure for the determination of situations in which the documents shall be issued and the withdrawal of the document when its accuracy and validity is contested by the competent institution of the member state of employment , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the implementation of articles 12 and 13 of regulation no 883 / 2004 . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement of 13 april 2016 on better law - making37 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states’ experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts .