### biofuels , bioliquids and biomass fuels produced from forest biomass taken into account for the purposes referred to in points , and of paragraph 1 shall meet the following requirements to minimise the risk of using unsustainable forest biomass production : the country in which forest biomass was harvested has national and / or sub - national laws applicable in the area of harvest as well as monitoring and enforcement systems in place ensuring that : harvesting is carried out in accordance to the conditions of the harvesting permit within legally gazetted boundaries ; ii ) forest regeneration of harvested areas takes place ; iii ) areas of high conservation value , including wetlands and peatlands , are protected ; iv ) the impacts of forest harvesting on soil quality and biodiversity are minimised ; and v ) harvesting does not exceed the long - term production capacity of the forest ; when evidence referred to in the first subparagraph is not available , the biofuels , bioliquids and biomass fuels produced from forest biomass shall be taken into account for the purposes referred to in points , and of paragraph 1 if management systems are in place at forest holding level to ensure that : the forest biomass has been harvested according to a legal permit ; ii ) forest regeneration of harvested areas takes place ; iii ) areas of high conservation value , including peatlands and wetlands , are identified and protected ; iv ) impacts of forest harvesting on soil quality and biodiversity are minimised ; v ) harvesting does not exceed the long - term production capacity of the forest . ### biofuels , bioliquids and biomass fuels produced from forest biomass taken into account for the purposes referred to in points , and of paragraph 1 shall meet the following requirements to minimise the risk of using unsustainable forest biomass production : the country in which forest biomass was harvested has national and / or sub - national laws applicable in the area of harvest as well as monitoring and enforcement systems in place ensuring that : harvesting is carried out in accordance to the conditions of the harvesting permit or equivalent proof of the legal right to harvest within the national or regional legally gazetted boundaries ; ii ) forest regeneration of harvested areas takes place ; iii ) areas designated , by international or national law or by the relevant competent authority , to promote the maintenance of biodiversity or for nature conservation purposes , including in wetlands and peatlands , are protected ; iv ) harvesting is carried out considering maintenance of soil quality and biodiversity with the aim of minimising negative impacts ; and v ) harvesting maintains or improves the long - term production capacity of the forest at national or regional level ; b ) when evidence referred to in the first subparagraph is not available , the biofuels , bioliquids and biomass fuels produced from forest biomass shall be taken into account for the purposes referred to in points , and of paragraph 1 if additional information of legality and forest management practices are provided at the supply base level to ensure that : harvesting is carried out in accordance with the conditions of the harvesting permit procedure or equivalent national or regional proof of the legal right to harvest ; ii ) forest regeneration of harvested areas takes place ; iii ) areas designated , by international or national law or by the relevant competent authority , to promote the maintenance of biodiversity or for nature conservation purposes , including in wetlands and peatlands , are protected ; iv ) harvesting is carried out considering maintenance of soil quality and biodiversity ; including surrounding areas provided that they are affected by the harvesting activities ; v ) harvesting maintains or improves long - term production capacity of the forest at national or regional level ; and vi ) environmental and nature regulations or measures are in place and in line with the relevant union environmental and nature standards .


### with respect to their building regulations and codes , member states shall promote the use of renewable energy heating and cooling systems and equipment that achieve a significant reduction of energy consumption . member states shall use energy or eco - labels or other appropriate certificates or standards developed at national or union level , where these exist , as the basis for encouraging such systems and equipment . ### with respect to their building regulations and codes , member states shall promote the use of renewable energy heating and cooling systems and equipment in combination with targeted energy efficiency and energy saving measures and the installation of individual meters that achieve a significant reduction of energy consumption . to this end member states shall among others use energy or eco - labels or other appropriate certificates or standards developed at national or union level , where these exist , and further ensure adequate information and advice on renewable , highly energy efficient alternatives as well as eventual financial instruments and incentives available in case of the replacement , in view of promoting an increased replacement rate of old heating systems and an increased switch to renewable energy based solutions as required in the directive [ epbd ] .


### ‘ renewable self - consumer’ means an active customer as defined in directive [ mdi directive ] who consumes and may store and sell renewable electricity which is generated within his or its premises , including a multi - apartment block , a commercial or shared services site or a closed distribution system , provided that , for non - household renewable self - consumers , those activities do not constitute their primary commercial or professional activity ; ### ' renewable self - consumer ' means an active customer or a group of jointly acting customers , as defined in directive [ mdi directive ] who consumes and may store and sell renewable electricity which is generated within , or near , their premises , including a multi - apartment block , a residential area , a commercial or shared services site or a closed distribution system , including through aggregators , provided that , for non - household renewable self - consumers , those activities do not constitute their primary commercial or professional activity ;


### member states shall ensure that their competent authorities at national , regional and local level include provisions for the integration and deployment of renewable energy and the use of unavoidable waste heat or cold when planning , designing , building and renovating urban infrastructure , industrial or residential areas and energy infrastructure , including electricity , district heating and cooling , natural gas and alternative fuel networks . ### member states shall ensure that their competent authorities at national , regional and local level include provisions for the integration and deployment of renewable energy including for early spatial planning , for needs and adequacy assessments taking account of the energy efficiency first principle and demand response , for renewable self - consumers and renewable energy communities , and the use of unavoidable waste heat or cold when planning , designing , building and renovating urban infrastructure , industrial , commercial or residential areas and energy infrastructure , including electricity , district heating and cooling , natural gas and alternative fuel networks . member states shall , in particular , encourage local and regional administrative bodies to include heating and cooling from renewable energy sources in the planning of city infrastructure , where appropriate .


### ‘ biomass’ means the biodegradable fraction of products , waste and residues from biological origin from agriculture , including vegetal and animal substances , forestry and related industries including fisheries and aquaculture , as well as the biodegradable fraction of waste , including industrial and municipal waste of biological origin ; ### ‘ biomass’ means the biodegradable fraction of products , waste and residues from biological origin from agriculture – including vegetal and animal substances , forestry and related industries including fisheries and aquaculture but excluding peat and material embedded in geological formations and / or transformed to fossil , – as well as the biodegradable fraction of waste , including industrial , commercial and municipal waste of biological origin , and bacteria ;


### member states shall carry out an assessment of their potential of renewable energy sources and of the use of waste heat and cold for heating and cooling . that assessment shall be included in the second comprehensive assessment required pursuant to article 14 of directive 2012 / 27 / eu for the first time by 31 december 2020 and in the updates of the comprehensive assessments thereafter . ### member states shall carry out an assessment of their potential of renewable energy sources including spatial analysis of suitable areas , ensuring a far - sighted and sustainable renewable deployment as well as the use of unavoidable waste heat and cold for heating and cooling . that assessment shall be included in the second comprehensive assessment required pursuant to article 14 of directive 2012 / 27 / eu for the first time by 31 december 2020 and in the updates of the comprehensive assessments thereafter


### ‘ food and feed crops’ means starch - rich crops , sugars and oil crops produced on agricultural land as a main crop excluding residues , waste or ligno - cellulosic material ; ### ' food and feed crops ' means starch - rich crops , sugars and oil crops and other crops grown primarily for energy purposes on agricultural land as a main crop excluding residues and waste ;


### support schemes for electricity generated from renewable sources have proved to be an effective way of fostering deployment of renewable electricity . if and when member states decide to implement support schemes , such support should be provided in a form that is as non - distortive as possible for the functioning of electricity markets . to this end , an increasing number of member states allocate support in a form where support is granted in addition to market revenues . ### support schemes for electricity generated from renewable sources have proved to be an effective way of fostering deployment of renewable electricity . if and when member states decide to implement support schemes , such support should be designed so as to optimise the integration of electricity from renewable sources in the electricity market while offering renewable energy resources reasonable compensation for market distortions caused by inflexible generation capacity and by the absence of a liquid intra - day market throughout the eu as well as to ensure predictability and certainty to investors . to this end , an increasing number of member states allocate support in a form where support is granted in addition to market revenues .


### the member state may transfer during the programming period an amount of up to 5 % of the initial allocation of a priority and no more than 3 % of the programme budget to another priority of the same fund of the same programme . for the programmes supported by the erdf and esf + , the transfer shall only concern allocations for the same category of region . ### the member state may transfer during the programming period an amount of up to 3% of the initial allocation of a priority and no more than 2% of the programme budget to another priority of the same fund of the same programme . for the programmes supported by the erdf and esf + , the transfer shall only concern allocations for the same category of region .


### in accordance with the multi - level governance principle , the member state shall involve those partners in the preparation of partnership agreements and throughout the preparation and implementation of programmes including through participation in monitoring committees in accordance with article 34 . ### in accordance with the multi - level governance principle , the member state shall involve those partners on equal footing in the preparation of partnership agreements and throughout the preparation and implementation of programmes including through participation in monitoring committees in accordance with article 34 .


### investment for jobs and growth in member states and regions , to be supported by the erdf , the esf + and the cohesion fund ; and ### investment for jobs and sustainable and&#160 ; inclusive&#160 ; growth in member states and regions , to be supported by the erdf , the esf + and the cohesion fund ; and


### operators of retransmission services offered on satellite , digital terrestrial , closed circuit ip - based , mobile and similar networks , provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously , in an unaltered and unabridged manner , for reception by the public , an initial transmission from another member state of television or radio programmes , where this initial transmission is by wire or over the air , including by satellite but excluding online transmissions , and intended for reception by the public . they should therefore be within the scope of this regulation and benefit from the mechanism introducing mandatory collective management of rights . retransmission services which are offered on the open internet should be excluded from the scope of this regulation as those services have different characteristics . they are not linked to any particular infrastructure and their ability to ensure a controlled environment is limited when compared for example to cable or closed circuit ip - based networks . ### operators of retransmission services offered on satellite , digital terrestrial , ip - based , mobile and similar networks , provide services which are equivalent to those provided by operators of cable retransmission services . they should therefore be within the scope of this regulation and benefit from the mechanism introducing mandatory collective management of rights . in order to adapt to the development of digital technologies and to the changing user behaviour , this mechanism should include the retransmission , in an unaltered manner , via the internet by over - the - top service providers . the inclusion of ott is crucial for allowing , in line with consumer expectations , portability of such services within the member state of residence , as well as beyond , through the mechanism established by regulation 2017 / . . . of the european parliament and of the council1a . __________________ 1a proposal for a regulation of the european parliament and of the council on ensuring the cross - border portability of online content services in the internal market , com0627 .


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


### the ancillary online services covered by this regulation are those services offered by broadcasting organisations which have a clear and subordinate relationship to the broadcast . they include services giving access to television and radio programmes in a linear manner simultaneously to the broadcast and services giving access , within a defined time period after the broadcast , to television and radio programmes which have been previously broadcast by the broadcasting organisation . in addition , ancillary online services include services which give access to material which enriches or otherwise expands television and radio programmes broadcast by the broadcasting organisation , including by way of previewing , extending , supplementing or reviewing the relevant programme ' s content . the provision of access to individual works or other protected subject matter that have been incorporated in a television or radio programme should not be regarded as an ancillary online service . similarly , the provision of access to works or other protected subject matter independently of broadcast , such as services giving access to individual musical or audiovisual works , music albums or videos , do not fall under the definition of ancillary online service . ### the online services covered by this regulation are services giving access to television and radio content including services giving access to television and radio programmes which have been previously broadcast by the broadcasting organisation . they include services which give access to material which enriches or otherwise expands television and radio programmes broadcast by the broadcasting organisation , including by way of previewing , extending , supplementing or reviewing the relevant programme ' s content , as well as material genuinely produced for the online environment . public broadcasters in particular need to be able to use different dissemination channels to reach different audiences in order to fulfil their public service mandate . in order to reach younger audiences , the possibility to disseminate services designed for the online environment is crucial . therefore , the provision of access to works or other protected subject matter independently of broadcast , such as services giving access to individual musical or audiovisual works , music albums or videos and webcasting are included in the scope of the definition of online services .


### ' ancillary online service ' means an online service consisting in the provision to the public , by or under the control and responsibility of a broadcasting organisation , of radio or television programmes simultaneously with or for a defined period of time after their broadcast by the broadcasting organisation as well as of any material produced by or for the broadcasting organisation which is ancillary to such broadcast ; ### ' online service ' means an online service consisting in the provision to the public , by or under the control and responsibility of a broadcasting organisation , of linear and non - linear radio or television programmes as well as of any material produced by or for the broadcasting organisation or being part of the material provided by the broadcaster to the public ;


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


### the development of digital technologies and internet has transformed the distribution of and access to television and radio programmes . users increasingly expect to have access to television and radio programmes both live and on - demand , using traditional channels such as satellite or cable and also through online services . broadcasting organisations are therefore increasingly offering , in addition to their own broadcasts of television and radio programmes , online services ancillary to their broadcast , such as simulcasting and catch - up services . retransmission services operators , which aggregate broadcasts of television and radio programmes into packages and provide them to users simultaneously to the initial transmission of the broadcast , unaltered and unabridged , use various techniques of retransmission such as cable , satellite , digital terrestrial , closed circuit ip - based or mobile networks as well as the open internet . on the part of users , there is a growing demand for access to broadcasts of television and radio programmes not only originating in their member state but also in other member states of the union , including from members of linguistic minorities of the union as well as from persons who live in another member state than their member state of origin . ### the development of digital technologies and internet has transformed the distribution of and access to television and radio programmes . users increasingly expect to have access to television and radio programmes both live and on - demand , using traditional channels such as satellite or cable and also through online services . broadcasting organisations are therefore increasingly offering , in addition to their own broadcasts of television and radio programmes , online services , such as simulcasting and catch - up services . retransmission services operators , which aggregate broadcasts of television and radio programmes into packages and provide them to users unaltered , use various techniques of retransmission such as cable , satellite , digital terrestrial , closed circuit ip - based or mobile networks as well as the open internet . on the part of users , there is a growing demand for access to television and radio , including catch - up services not only originating in their member state but also in other member states of the union , including from members of linguistic minorities of the union as well as from persons who live in another member state than their member state of origin .


### in order to provide legal certainty to operators of retransmission services offered on satellite , digital terrestrial , closed circuit ip - based , mobile or similar networks , and to overcome disparities in national law regarding such retransmission services , rules similar to those that apply to cable retransmission as defined in directive 93 / 83 / eec should apply . the rules established in that directive include the obligation to exercise the right to grant or refuse authorisation to an operator of a retransmission service through a collective management organisation . this is without prejudice to directive 2014 / 26 / eu18 and in particular to its provisions concerning rights of right holders with regard to the choice of a collective management organisation . __________________ 18 directive 2014 / 26 / eu of the european parliament and of the council of 26 february 2014 on collective management of copyright and related rights and multi - territorial licensing of rights in musical works for online use in the internal market , oj l 84 , 20 . 3 . 2014 , p . 72–98 . ### in order to provide legal certainty to operators of retransmission services offered on satellite , digital terrestrial , ip - based , mobile or similar networks , and to overcome disparities in national law regarding such retransmission services , rules similar to those that apply to cable retransmission as defined in directive 93 / 83 / eec should apply . the rules established in that directive include the obligation to exercise the right to grant or refuse authorisation to an operator of a retransmission service through a collective management organisation . this is without prejudice to directive 2014 / 26 / eu18 and in particular to its provisions concerning rights of right holders with regard to the choice of a collective management organisation . __________________ 18 directive 2014 / 26 / eu of the european parliament and of the council of 26 february 2014 on collective management of copyright and related rights and multi - territorial licensing of rights in musical works for online use in the internal market , oj l 84 , 20 . 3 . 2014 , p . 72–98 .


### without prejudice to article 1 , if a member state decides to change its standard time or times in any territory under its jurisdiction , it shall notify the commission at least 6 months before the change takes effect . where a member state has made such a notification and has not withdrawn it at least 6 months before the date of the envisaged change , the member state shall apply this change . ### without prejudice to article 1 , if a member state intends to change its standard time or times in any territory under its jurisdiction , it shall notify the commission and the other member states of its intention at the latest on 27 march 2020 . where a member state has made such a notification and has not withdrawn it by 24 july 2020 , the member state shall apply this change .


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


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


### notwithstanding paragraph 1 , member states may still apply a seasonal change of their standard time or times in 2019 , provided that they do so at 1 . 00 a . m . , coordinated universal time , on 27 october 2019 . the member states shall notify this decision in accordance with article 2 . ### notwithstanding paragraph 1 , member states may still apply a seasonal change of their standard time or times in 2020 , provided that they do so at 1 . 00 a . m . , coordinated universal time , on 25 october 2020 . the member states shall notify this decision in accordance with article 2 .


### the experience gathered with the implementation of this directive ; ### the experience gathered with the implementation of this directive in terms of actual remediation of environmental damage , in particular in relation to any incidents of environmental damage caused by genetically modified organisms , the application of this directive to protected species and natural habitats , the right of an operator to limit his liability in accordance with the international conventions referred to in article 4 , and the exclusion of pollution covered by the international instruments listed in annexes iv and v from the scope of this directive ;


### where the economic operators have used the exception provided for in paragraphs 1 to 5 for a specific product or service they shall notify the relevant market surveillance authority of the member state in the market of which the product or service is placed or made available . notification shall include the assessment referred to in paragraph 3 . microenterprises are exempted from this notification requirement but must be able to supply the relevant documentation upon request from a relevant market surveillance authority . ### where the economic operators have used the exception provided for in paragraphs 1 to 5 for a specific product or service they shall notify the relevant market surveillance authority of the member state in the market of which the product or service is placed or made available . notification shall include the assessment referred to in paragraph 3 . the final decision as to whether to grant an exception shall be made by the market surveillance authority of the member state on a case - by - case basis .


### no later than [ 5 years from the date of start of application of implementing measures ] and every 7 years thereafter , the commission shall present to the european parliament , the council and the european economic and social committee a report on the application of this directive , including on whether additional measures to consolidate and strengthen the legal framework on restructuring , insolvency and second chance should be considered . ### no later than [ 3 years from the date of start of application of implementing measures ] and every 5 years thereafter , the commission shall present to the european parliament , the council and the european economic and social committee a report on the application of this directive , including on whether additional measures to consolidate and strengthen the legal framework on restructuring , insolvency and second chance should be considered , including the availability of resources and of specialised courts .


### where a restructuring plan entails a transfer of part of undertaking or business , workers ' rights arising from a contract of employment or from an employment relationship , notably including the right to wages , should be safeguarded in accordance with articles 3 and 4 of directive 2001 / 23 / ec , without prejudice to the specific rules applying in the event of insolvency proceedings under article 5 of that directive and in particular the possibilities allowed by article 5 of that directive . furthermore , in addition and without prejudice to the rights to information and consultation , including on decisions likely to lead to substantial changes in work organisation or in contractual relations with a view to reaching an agreement on such decisions , which are guaranteed by directive 2002 / 14 / ec , under this directive workers who are affected by the restructuring plan should have the right to vote on the plan . for the purposes of voting on the restructuring plan , member states may decide to place workers in a class separate from other classes of creditors . ### where a restructuring plan entails a transfer of part of undertaking or business , workers ' rights arising from a contract of employment or from an employment relationship , notably including the right to wages , should be safeguarded in accordance with articles 3 and 4 of directive 2001 / 23 / ec , without prejudice to the specific rules applying in the event of insolvency proceedings under article 5 of that directive and in particular the possibilities allowed by article 5 of that directive . furthermore , in addition and without prejudice to the rights to information and consultation , including on decisions likely to lead to substantial changes in work organisation or in contractual relations with a view to reaching an agreement on such decisions , which are guaranteed by directive 2002 / 14 / ec , under this directive workers who are affected by the restructuring plan should have the right to vote on the plan . for the purposes of voting on the restructuring plan , member states should place workers in a class separate from other classes of creditors .


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


### member states shall ensure that affected parties are treated in separate classes which reflect the class formation criteria . classes shall be formed in such a way that each class comprises claims or interests with rights that are sufficiently similar to justify considering the members of the class a homogenous group with commonality of interest . as a minimum , secured and unsecured claims shall be treated in separate classes for the purposes of adopting a restructuring plan . member states may also provide that workers are treated in a separate class of their own . ### member states shall ensure that affected parties are treated in separate classes which reflect the class formation criteria . classes shall be formed in such a way that each class comprises claims or interests with rights that are sufficiently similar to justify considering the members of the class a homogenous group with commonality of interest . as a minimum , secured and unsecured claims shall be treated in separate classes for the purposes of adopting a restructuring plan . member states shall also provide that workers are treated in a separate class of their own . member states may also lay down specific rules supporting separate class formation for vulnerable creditors , such as small suppliers and micro and small enterprises .


### 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 and the result of appropriate and viable expert reports 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 and the liquidation of viable companies . those frameworks should prevent job losses and loss of knowledge and skills , and maximise the total value to creditors in comparison with that which they would receive in the event of the liquidation of the company assets , to 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 , including those of workers . at the same time , non - viable businesses with no prospect of survival should be liquidated as quickly as possible .


### 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 debtor and the workers concerned can detect companies ' 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 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 , 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 .


### 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 .


### the agency may cooperate with the authorities of third countries competent in matters covered by this regulation with the support of and in coordination with union delegations , in particular with a view to promoting union standards on asylum and assisting third countries as regards expertise and capacity building for their own asylum and reception systems as well as implementing regional development and protection programmes and other actions . the agency may carry out such cooperation within the framework of working arrangements concluded with those authorities in accordance with union law and policy . the agency shall seek the prior approval of the commission for such working arrangements and it shall inform the european parliament . ### the agency may cooperate with the authorities of third countries competent in matters covered by this regulation with the support of and in coordination with union delegations , in particular with a view to promoting union standards on asylum and assisting third countries as regards expertise and capacity building for their own asylum and reception systems as well as implementing regional development and protection programmes and other actions . the agency may carry out such cooperation within the framework of working arrangements concluded with those authorities in accordance with union law and policy . the agency shall consult the consultative forum , seek the prior approval of the commission for such working arrangements and it shall inform the european parliament .


### in matters related to its activities and , to the extent required for the fulfilment of its tasks , the agency shall facilitate and encourage operational cooperation between member states and third countries , within the framework of the union ' s external relations policy , including with regard to the protection of fundamental rights , and in cooperation with the european external action service . the agency and the member states shall promote and comply with norms and standards equivalent to those set by union legislation , including when carrying out activities on the territory of those third countries . ### in matters related to its activities , in particular concerning resettlement and training on asylum procedures and protection , and , to the extent required for the fulfilment of its tasks , the agency may facilitate operational cooperation between member states and third countries , within the framework of the union ' s external relations policy , including with regard to the protection of fundamental rights , and in cooperation with the european external action service . the agency and the member states shall promote and comply with norms and standards equivalent to those set by union legislation , including when carrying out activities on the territory of those third countries .


### the agency shall , at the request of the commission , provide it with information on specific third countries which could be considered for inclusion in the common eu list of safe countries of origin in accordance with regulation no xxx / xxx . ### the agency shall , at the request of the commission , provide it with information on specific third countries which could be considered for inclusion in , suspension or removal from the common eu list of safe countries of origin in accordance with regulation no xxx / xxx .


### the commission may request the agency to carry out a review of the situation in any such third country with a view to assess whether the relevant conditions and criteria set out in that directive are respected . ### the commission or the european parliament may request the agency to carry out a review of the situation in any such third country with a view to assess whether the relevant conditions and criteria set out in that directive are respected .


### the agency may initiate a monitoring exercise for the assessment of the asylum or reception systems of a member state on its own initiative or at the request of the commission whenever there are serious concerns regarding the functioning of any aspect of that member state ' s asylum or reception systems . ### the agency may initiate a monitoring exercise for the assessment of the asylum or reception systems of a member state on its own initiative or at the request of the commission whenever there are serious concerns regarding the functioning of any aspect of that member state ' s asylum or reception systems . the agency may carry out ad - hoc unannounced on - site visits to verify specific aspects of a member state ' s asylum or reception systems . the agency shall timely notify member states of the intention to carry out ad - hoc on - site visits .


### the agency shall coordinate actions on resettlement taken by member states or by the union , including the exchange of information , so as to meet the international protection needs of refugees in third countries and show solidarity with their host countries . the agency shall gather information , monitor resettlement to member states and support member states with capacity building on resettlement . the agency may also , subject to the agreement of the third country and in agreement with the commission , coordinate any such exchange of information or other action between member states and a third country , in the territory of that third country . ### the agency shall coordinate actions on resettlement taken by member states or by the union , including the exchange of information , in full compliance with the standards and guidance set by unhcr , so as to meet the international protection needs of refugees in third countries and show solidarity with their host countries . the agency shall gather information , monitor resettlement to member states and support member states with capacity building on resettlement . the agency may also , subject to the agreement of the third country and in agreement with the commission , coordinate any such exchange of information or other action between member states and a third country , in the territory of that third country .


### the screening of third - country nationals , including their identification , registration , and where requested by member states , their fingerprinting ; ### the screening of third - country nationals , including their identification , registration , and referral ;


### the executive director shall be appointed by the management board from a list of candidates proposed by the commission , following an open and transparent selection procedure . the executive director shall be appointed on the ground of merit and documented high - level administrative and management skills as well as senior professional experience in the field of migration and asylum . ### the european parliament and the council shall appoint by common accord the executive director and the deputy executive director based on a list drawn up by the commission following the publication of the post in the official journal of the european union and other press or internet sites as appropriate .


### the agency shall set up teams of experts for each monitoring exercise , including for the on - site visits as necessary . the teams of experts shall be composed of experts from the agency ' s own staff and commission representatives . the team of experts shall be responsible for drawing up a report based on the findings of on - site visits and information provided by member states . ### the agency shall set up teams of experts for each monitoring exercise , including for the on - site visits as necessary . the teams of experts shall be composed of experts from the agency ' s own staff , consultative forum and commission representatives . the team of experts shall be responsible for drawing up a report based on the findings of on - site visits and information provided by member states and relevant international and non - governmental organisations .


### the multi - annual programming shall list the member states whose asylum and reception systems shall be monitored each year , ensuring that each member state shall be monitored at least once in every five - year period . ### the multi - annual programming shall list the member states whose asylum and reception systems shall be monitored each year , ensuring that each member state shall be monitored at least once in every three - year period .


### the agency may , in particular , base its assessment on information provided by member states , information analysis on the situation of asylum developed by the agency , on - site visits and case sampling . ### the agency shall , in particular , base its assessment on information provided by member states , information analysis on the situation of asylum developed by the agency , on - site visits and case sampling , assessments provided by non - governmental organisations at national or union level , the unhcr and other relevant united nations human rights treaty monitoring bodies or council of europe human rights monitoring mechanisms .


### the term of office of the executive director shall be five years . by the end of that period , the commission shall undertake an assessment that takes into account an evaluation of the executive director ' s performance and the agency ' s future tasks and challenges . ### the term of office of the deputy executive director and of the executive director shall be five years . by the end of that period , the commission shall undertake an assessment that takes into account an evaluation of the deputy executive director’s and the executive director ' s performance and the agency ' s future tasks and challenges .


### the executive director shall be appointed by the management board from a list of candidates proposed by the commission , following an open and transparent selection procedure . the executive director shall be appointed on the ground of merit and documented high - level administrative and management skills as well as senior professional experience in the field of migration and asylum . ### the european parliament and the council shall appoint by common accord the executive director and the deputy executive director based on a list of candidates proposed by the commission , following the publication of the post in the official journal of the european union and other press or internet sites as appropriate . the executive director shall be appointed on the ground of merit and documented high - level administrative and management skills as well as senior professional experience in the field of migration and asylum .


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


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


### the executive director shall , after informing the host member state , suspend or terminate the deployment of the asylum support teams if the conditions to carry out the operational and technical measures are no longer fulfilled or if the operational plan is not respected by the host member state . ### the executive director shall , after informing the host member state , suspend or terminate , in whole or in part , the deployment of the asylum support teams if the conditions to carry out the operational and technical measures are no longer fulfilled or if the operational plan is not respected by the host member state or if he or she considers that there are violations of fundamental rights or international obligations that are of a serious nature and are likely to persist .


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


### the purpose of the efsi shall be to support investments in the union and to ensure increased access to financing for companies having up to 3000 employees , with a particular focus on small and medium enterprises , through the supply of risk bearing capacity to the eib . ### the purpose of the efsi shall be to support investments in the union and to ensure increased access to financing for companies having up to 3 000 employees , with a particular focus on innovative micro - , small - and medium - sized enterprises , through the supply of risk bearing capacity to the eib .


### the efsi should support strategic investments with high economic value added contributing to achieving union policy objectives . ### the efsi should support strategic investments with high economic , social and environmental value added contributing to achieving union policy objectives , in particular article 194 of the treaty . these investments should be in , but not limited to , projects of common interest which aim to complete the single market in the sectors of transport , telecommunications and energy infrastructures , including transport and energy interconnections , and digital infrastructure , expand renewable energy and energy and resource efficiency , increase its competitiveness and contribute to sustainable development , and exploit potential synergies between those sectors ; in the urban and rural development and social fields ; in the environmental and natural resources fields ; and which strengthen the european scientific and technological base and foster benefits for society as well as better exploitation of the economic and industrial potential of policies of innovation , research and technological development , including research infrastructure , pilot and demonstration facilities . the efsi should improve access to finance and the competitiveness of enterprises and other entities , with special emphasis on smes . the efsi should contribute to the transformation to a green , sustainable and resource efficient economy and to sustainable job creation .


### the eu guarantee shall be granted for eib financing and investment operations approved by the investment committee referred to in article 3 or funding to the eif in order to conduct eib financing and investment operations in accordance with article 7 . the operations concerned shall be consistent with union policies and support any of the following general objectives : ### the eu guarantee shall be granted for eib financing and investment operations approved by the investment committee referred to in article 3 or funding to the eif in order to conduct eib financing and investment operations in accordance with article 7 . the operations concerned shall : be consistent with the treaty on the functioning of the european union and the eu 2020 objectives ; be economically and technically viable ; provide additionality , and maximise where possible the mobilisation of private sector capital .


### to partially finance the contribution from the union budget , the available envelopes of the horizon 2020 – the framework programme for research and innovation 2014 - 2020 , provided by regulation no 1291 / 2013 of the european parliament and of the council2 , and the connecting europe facility , provided by regulation no 1316 / 2013 of the european parliament and of the council3 , should be reduced . those programmes serve purposes that are not replicated by the efsi . however , the reduction of both programmes to finance the guarantee fund is expected to ensure a greater investment in certain areas of their respective mandates than is possible through the existing programmes . the efsi should be able to leverage the eu guarantee to multiply the financial effect within those areas of research , development and innovation and transport , telecommunications and energy infrastructure compared to if the resources had been spent via grants within the planned horizon 2020 and connecting europe facility programmes . it is , therefore , appropriate to redirect part of the funding presently envisaged for those programmes to the benefit of efsi . __________________ 2 regulation no 1291 / 2013 of the european parliament and of the council of 11 december 2013 establishing horizon 2020 - the framework programme for research and innovation and repealing decision no 1982 / 2006 / ec . 3 regulation no 1316 / 2013 of the european parliament and of the council of 11 december 2013 establishing the connecting europe facility , amending regulation no 913 / 2010 and repealing regulations no 680 / 2007 and no 67 / 2010 . ### the contribution from the union budget to the eu budget guarantee fund will be progressively authorised by the european parliament and the council in the framework of the annual budgetary procedures up to 2020 . for this purpose , the budgetary authority should make use , where appropriate , of all available mechanisms of flexibility and relevant provisions under the 2014 - 2020 mff regulation ; __________________ 2 deleted 3 deleted


### the efsi should target projects delivering high societal and economic value . in particular , the efsi should target projects that promote job creation , long - term growth and competitiveness . the efsi should support a wide range of financial products , including equity , debt or guarantees , to best accommodate the needs of the individual project . this wide range of products should allow the efsi to adapt to market needs whilst encouraging private investment in the projects . the efsi should not be a substitute for private market finance but should instead catalyse private finance by addressing market failures so as to ensure the most effective and strategic use of public money . the requirement for consistency with state aid principles should contribute to such effective and strategic use . ### the efsi should target projects delivering high social , environmental and economic added value . in particular , the efsi should target projects that support achievement of eu ' s climate and energy targets , promote creation of decent and local jobs , enhances environmental sustainability , economic resilience and long - term competitiveness . the efsi should support a wide range of financial products , including equity , debt or guarantees , to best accommodate the needs of the individual project . this wide range of products should allow the efsi to adapt to market needs whilst encouraging private investment in the projects . the efsi should not be a substitute for private market finance but should instead catalyse private finance by addressing market failures so as to ensure the most effective and strategic use of public money . the requirement for consistency with state aid principles should contribute to such effective and strategic use .


### the efsi should target projects delivering high societal and economic value . in particular , the efsi should target projects that promote job creation , long - term growth and competitiveness . the efsi should support a wide range of financial products , including equity , debt or guarantees , to best accommodate the needs of the individual project . this wide range of products should allow the efsi to adapt to market needs whilst encouraging private investment in the projects . the efsi should not be a substitute for private market finance but should instead catalyse private finance by addressing market failures so as to ensure the most effective and strategic use of public money . the requirement for consistency with state aid principles should contribute to such effective and strategic use . ### the efsi should target projects delivering high societal , sustainable and economic added value . in particular , the efsi should target projects that promote sustainable local job creation , long - term sustainable growth and competitiveness , which will help achieve the eu ' s climate and energy goals . the efsi should support a wide range of financial products , including equity , debt or guarantees , to best accommodate the needs of the individual project . this wide range of products should allow the efsi to adapt to market needs whilst encouraging private investment in the projects . the efsi should not be a substitute for private market finance but should instead catalyse private finance by addressing market failures so as to ensure the most effective and strategic use of public money . the requirement for consistency with state aid principles should contribute to such effective and strategic use .


### the efsi agreement shall provide for the creation of a european investment advisory hub within the eib . the eiah shall have as its objective to build upon existing eib and commission advisory services in order to provide advisory support for investment project identification , preparation and development and act as a single technical advisory hub for project financing within the union . this shall include support on the use of technical assistance for project structuring , use of innovative financial instruments , use of public - private partnerships and advice , as appropriate , on relevant issues of eu legislation . ### the efsi agreement shall provide for the creation of a european investment advisory hub within the eib , which shall deliver advisory support for investment projects in line with the objectives set out in article 5 . 2 and 5 . 2 a of this regulation . the eiah shall build upon existing eib and commission advisory services and shall : act as a technical advisory hub and&#160 ; provide support for investment project identification , &#160 ; preparation&#160 ; and development ; as well as&#160 ; provide support on the use of technical assistance for project structuring , innovative financial instruments , public - private partnerships and advice , as appropriate , on relevant issues of eu legislation 2 . give special support to investment platforms that focus on sectors with high economic and societal added value or that aggregate smaller projects , notably driven by regions , cities and smes , into clusters 3 . create a specific facility for technical assistance for the establishment of investment platforms for aggregated energy efficiency projects at decentralized level 4 . provide technical and financial support on the use of efsi to decentralized institutions that implement similar technical assistance schemes at local level ; 5 . act as a single point of contact for project promoters or redirect them to the institutions mentioned in point 4 6 . provide for a structural exchange of information and best practices between all the stakeholders involved in the efsi .


### the efsi should target investments that are expected to be economically and technically viable , which may entail a degree of appropriate risk , whilst still meeting the particular requirements for efsi financing . ### the efsi should target investments that are expected to be economically and technically viable , but which face barriers for market uptake . in addition , it shall target close - to market innovations where further support is needed to bridge the ' valley - of - death , ' which may entail a degree of appropriate risk , whilst still meeting the particular requirements for efsi financing .


### the efsi agreement shall be open to accession by member states . subject to the consent of existing contributors , the efsi agreement shall also be open to accession by other third parties , including national promotional banks or public agencies owned or controlled by member states , and private sector entities . ### the efsi agreement shall be open to accession by member states . subject to the consent of existing contributors , the efsi agreement shall also be open to accession by other third parties , including national promotional banks or public agencies owned or controlled by member states .


### investment in education and training , health , research and development , information and communications technology and innovation ; ### investment in education and training , cultural and creative sectors and provision of public health services ;


### the efsi agreement shall provide that there is a clear distinction between operations carried out with the efsi support and other operations of the eib . ### the efsi agreement shall provide that there is a clear distinction between operations carried out with the efsi support and other operations of the eib . however , the investment guidelines and criteria adopted by the eib on 23 july 2013 shall apply .


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


### this regulation should not affect acts of union law concerning judicial cooperation in civil matters , notably the provisions on the law applicable to contractual obligations and on jurisdiction set out in regulations no 593 / 2008 of the european parliament and of the council24 and 1215 / 2012 of the european parliament and of the council25 , including the application of those acts and provisions in individual cases . in particular , the mere fact that a trader acts in accordance with the provisions of this regulation should not be construed as implying that he directs his activities to the consumer ' s member state for the purpose of such application . __________________ 24 regulation no 593 / 2008 of the european parliament and of the council of 17 june 2008 on the law applicable to contractual obligations . 25 regulation no 1215 / 2012 of the european parliament and of the council of 12 december 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters . ### this regulation should not affect acts of union law concerning judicial cooperation in civil matters , notably the provisions on the law applicable to contractual obligations and on jurisdiction set out in regulations no 593 / 2008 of the european parliament and of the council24 and 1215 / 2012 of the european parliament and of the council25 , including the application of those acts and provisions in individual cases . the mere fact that a trader acts in accordance with the provisions of this regulation should not be construed as implying that he directs his activities to the consumer ' s member state within the meaning of article 6 of regulation no 593 / 2008 , and of article 17 of regulation 1215 / 2012 . __________________ 24 regulation no 593 / 2008 of the european parliament and of the council of 17 june 2008 on the law applicable to contractual obligations . 25 regulation no 1215 / 2012 of the european parliament and of the council of 12 december 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters .


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


### in all those situations , traders may in some cases be prevented from selling goods or providing services to certain customers or to customers in certain territories , for reasons related to the nationality , place of residence or place of establishment of the customer , as a consequence of a specific prohibition or a requirement laid down in union law or in the laws of member states in accordance with union law . laws of member states may also require , in accordance with union law , traders to respect certain rules on the pricing of books . traders should not be prevented from complying with such laws in as far as necessary . ### in all those situations , traders may in some cases be prevented from selling goods or providing services to certain customers or to customers in certain territories , for reasons related to the nationality , place of residence or place of establishment of the customer , as a consequence of a specific prohibition or a requirement laid down in union law or in the laws of member states in accordance with union law . laws of member states may also require , in accordance with union law , traders to respect certain rules on the pricing of books . in addition , laws of member states may require that electronically supplied publications should be able to benefit from the same preferential vat rate treatment as publications on any means of physical support , in line with the proposal for a council directive amending directive 2006 / 112 / ec , as regards rates of value added tax applied to books , newspapers and periodicals1a . traders should not be prevented from complying with such laws in as far as necessary . __________________ 1a com0758 , proposal for a council directive amending directive 2006 / 112 / ec , as regards rates of value added tax applied to books , newspapers and periodicals .


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


### this regulation should be regularly evaluated , with a view to proposing amendments where necessary . the first evaluation should concentrate , in particular , on the possible extension of the prohibition of article 4 to electronically supplied services , the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter , provided that the trader has the requisite rights for the relevant territories . ### this regulation should be regularly evaluated , with a view to proposing amendments where necessary . the first evaluation should concentrate , in particular , on the application of the prohibition of article 4 to electronically supplied services and intangible goods , the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter in respect of which the trader has the rights to use such content for the relevant territories , with a view to its possible extension to other cases , as well as the development of consumer prices and purchasing power in the single market due to this regulation .


### this regulation should be regularly evaluated , with a view to proposing amendments where necessary . the first evaluation should concentrate , in particular , on the possible extension of the prohibition of article 4 to electronically supplied services , the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter , provided that the trader has the requisite rights for the relevant territories . ### this regulation should be regularly evaluated , with a view to proposing amendments where necessary . the first evaluation should concentrate on an analysis of situations in which differences in treatment cannot be justified under directive 2006 / 123 / ec , in particular , on the possible extension of the application of article 4 to electronically supplied services and intangible goods , the main feature of which is the provision of access to and use of audio - visual copyright protected works and services or other protected subject matter , in respect of which the trader has the rights or has acquired the licences to use such content for all relevant territories , pending a comprehensive review of the legislation affecting those services , with a view to its possible extension to other cases , as well as the development of consumer prices and purchasing power in the single market following this regulation . it should moreover take into account the legal and technological developments in member states with regard to the reform of copyright , the audiovisual services ' sector and the provision of cross - border portability of online content services for subscribers who are temporarily not present in their member state of residence . this first evaluation should also consider the possible extension of the scope of this regulation to financial services , transport services or healthcare services . audio - visual service providers should in future cooperate in the evaluation in order to assess whether the inclusion of those services within the scope of this regulation would lead to the evolution of business models which are more efficient than those currently used .


### this regulation respects fundamental rights and observes the principle recognised in the charter of fundamental rights of the european union . in particular this regulation seeks to ensure full respect of articles 16 and 17 thereof , ### this regulation respects fundamental rights and observes the principle recognised in the charter of fundamental rights of the european union . in particular this regulation seeks to ensure full respect of articles 11 , 16 and 17 thereof ,


### in this context , the authorities of the member states responsible for the implementation of the fund should be required to cooperate and establish coordination mechanisms with the authorities identified by member states for the purpose of the management of the interventions of the esf + and of the erdf and wherever necessary with their managing authorities and with the managing authorities of other union funds contributing to the integration of third - country nationals . ### in this context , the authorities of the member states responsible for the implementation of the fund should be required to cooperate and establish coordination mechanisms with the authorities identified by member states for the purpose of the management of the interventions of the esf + and of the erdf and wherever necessary with their managing authorities and with the managing authorities of other union funds contributing to the integration of third - country nationals . through these coordination mechanisms , the relevant authorities should assess the extent to which measures implemented through the esf + and erdf are contributing to the integration of third county nationals .


### the migration crisis highlighted the need to reform the common european asylum system to ensure that efficient asylum procedures to prevent secondary movements , to provide uniform and appropriate reception conditions for applicants for international protection , uniform standards for the granting of international protection and appropriate rights and benefits for beneficiaries of international protection . at the same time , the reform was needed to put in place a fairer and more effective system of determining member states’ responsibility for applicants for international protection as well as a union framework for member states’ resettlement efforts . therefore , it is appropriate for the fund to provide increased support to member states’ efforts to fully and properly implement the reformed common european asylum system . ### it is appropriate to support and improve the efforts made by member states to fully and properly implement the union asylum acquis , in particular to grant appropriate reception conditions to displaced persons and applicants for , and beneficiaries of , international protection , to ensure the correct determination of status , to apply fair and effective asylum procedures and to promote good practice in the field of asylum , so as to protect the rights of persons requiring international protection and enable member states’ asylum systems to work efficiently . the fund should therefore provide increased support to member states’ efforts to fully and properly implement the reformed common european asylum system .


### an efficient return policy is an integral part of the comprehensive migration approach the union and its member states pursue . the fund should support and encourage efforts by the member states with a view to the effective implementation and further development of common standards on return , in particular as set out in directive 2008 / 115 / ec of the european parliament and of the council15 , and of an integrated and coordinated approach to return management . for sustainable return policies , the fund should equally support related measures in third countries , such as the reintegration of returnees . _________________ 15 directive 2008 / 115 / ec of the european parliament and of the council of 16 december 2008 on common standards and procedures in member states for returning illegally staying third - country nationals . ### an efficient and dignified return policy is an integral part of the comprehensive migration approach the union and its member states pursue . the fund should support efforts by the member states with a view to the effective implementation and further development of common standards on return , in particular as set out in directive 2008 / 115 / ec of the european parliament and of the council15 , and of an integrated and coordinated approach to return management . for sustainable return policies , the fund should equally support related measures in third countries , such as the reintegration of returnees . _________________ 15 directive 2008 / 115 / ec of the european parliament and of the council of 16 december 2008 on common standards and procedures in member states for returning illegally staying third - country nationals .


### the commission shall carry out a mid - term and a retrospective evaluation of this regulation , including the actions implemented under the fund . ### the commission shall carry out a mid - term and a retrospective evaluation of this regulation , including the actions implemented under the fund , the assessment of the impact of returns on third countries and the respect for fundamental rights of migrants .


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


### proposal for a regulation of the european parliament and of the council establishing the asylum and migration fund ### proposal for a regulation of the european parliament and of the council establishing the asylum , migration and integration fund


### the fund shall be open to third countries in accordance with the conditions laid down in a specific agreement covering the participation of the third country to the asylum and migration fund , provided that the agreement : ### the fund shall be open to neighbouring third countries in accordance with the conditions laid down in a specific agreement , to be adopted in accordance with article 218 of the treaty on the functioning of the european union , covering the participation of the third country to the fund , provided that the agreement :


### establishing or improving reception accommodation infrastructure , including the possible joint use of such facilities by more than one member state ; ### establishing or improving reception accommodation infrastructure , with a particular focus on services provided by local authorities ;


### development of mobility schemes to the union , such as circular or temporary migration schemes , including training to enhance employability ; ### development of mobility schemes to the union , including but not limited to circular or temporary migration schemes , and training to enhance employability ;


### in order to support efforts to ensure a comprehensive approach to management of migration grounded on mutual trust , solidarity and responsibility sharing among member states and union institutions , with the objective of ensuring a common sustainable union policy on asylum and immigration , member states should be supported by adequate financial resources in the form of the asylum and migration fund . ### in order to support efforts to ensure a comprehensive approach to management of migration grounded on fundamental rights , solidarity and responsibility sharing among member states and union institutions , with the objective of ensuring a common sustainable union policy on asylum and migration , member states should be supported by adequate financial resources in the form of the asylum , migration and integration fund .


### the employment of irregular migrants creates a pull factor for illegal migration and undermines the development of a labour mobility policy built on legal migration schemes . the fund should therefore support member states , either directly or indirectly , in their implementation of directive 2009 / 52 / ec of the european parliament and of the council16 which prohibits the employment of illegally staying third - country nationals and provides for sanctions against employers who infringe that prohibition . _________________ 16 directive 2009 / 52 / ec of the european parliament and of the council of 18 june 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third - country nationals . ### the employment of irregular migrants undermines the development of a labour mobility policy built on legal migration schemes and endangers the rights of migrant workers , making them vulnerable to rights violations and abuse . the fund should therefore support member states , either directly or indirectly , in their implementation of directive 2009 / 52 / ec of the european parliament and of the council16 which prohibits the employment of illegally staying third - country nationals , provides for a complaints and wage recuperation mechanism for exploited workers and provides for sanctions against employers who infringe that prohibition . _________________ 16 directive 2009 / 52 / ec of the european parliament and of the council of 18 june 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third - country nationals .


### further to a monitoring exercise as carried out in accordance with regulation [ . . / . . ] [ euaa regulation ] or the adoption of recommendations in accordance with regulation no 1053 / 2013 which are within the scope of this regulation , the member state concerned shall examine , together with the commission , and where relevant with the european union agency for asylum and the european border and coast guard agency , how to address the findings , including any shortcomings or issues of capacity and preparedness , and shall implement the recommendations through its programme . ### further to a monitoring exercise as carried out in accordance with regulation [ . . / . . ] [ euaa regulation ] or the adoption of recommendations in accordance with regulation no 1053 / 2013 which are within the scope of this regulation , the member state concerned shall examine , together with the commission , and where relevant with the european union agency for asylum , the european union agency for fundamental rights and the european border and coast guard agency , how to address the findings , including any shortcomings or issues of capacity and preparedness , and shall implement the recommendations through its programme .


### the employment of irregular migrants creates a pull factor for illegal migration and undermines the development of a labour mobility policy built on legal migration schemes . the fund should therefore support member states , either directly or indirectly , in their implementation of directive 2009 / 52 / ec of the european parliament and of the council16 which prohibits the employment of illegally staying third - country nationals and provides for sanctions against employers who infringe that prohibition . _________________ 16 directive 2009 / 52 / ec of the european parliament and of the council of 18 june 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third - country nationals . ### the fund should support member states , either directly or indirectly , in their implementation of directive 2009 / 52 / ec of the european parliament and of the council16 which prohibits the employment of illegally staying third - country nationals and provides for sanctions against employers who infringe that prohibition . it also includes protective elements such as the right of irregularly employed third country nationals to lodge complaints and claim back their wages . the fund should support the implementation of the latter , as these protective elements have not been implemented sufficiently , as was pointed out in the communication from the commission to the european parliament and the council of 22 may 2014 on the application of directive 2009 / 52 / ec of 18 june 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third country nationals . _________________ 16 directive 2009 / 52 / ec of the european parliament and of the council of 18 june 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third - country nationals .


### the policy objective of the fund shall be to contribute to an efficient management of migration flows in line with the relevant union acquis and in compliance with the union ' s commitments on fundamental rights . ### the policy objective of the fund shall be to contribute to an efficient management of migration , integration of third - country nationals and a common policy on asylum , in line with the relevant union acquis and the rights and principles enshrined in the eu charter of fundamental rights .


### infrastructure for reception or detention , including the possible joint use of such facilities by more than one member state ; ### infrastructure for reception ;


### partnerships and cooperation with third countries are an essential component of union asylum policy to ensure the adequate management of flows of persons applying for asylum or other forms of international protection . with the aim of replacing the unsafe and irregular arrivals with legal and safe arrival to the territory of the member states of third - country nationals or stateless persons in need of international protection , expressing solidarity with countries in regions to which or within which a large number of persons in need of international protection have been displaced by helping to alleviate the pressure on those countries , helping achieve the union’s migration policy objectives by increasing the union’s leverage vis - à - vis third countries , and of effectively contributing to global resettlement initiatives by speaking with one voice in international fora and with third countries , the fund should provide financial incentives to the implementation of the union resettlement [ and humanitarian admission ] framework . ### with the aim of replacing the unsafe and irregular arrivals with legal and safe arrival to the territory of the member states of third - country nationals or stateless persons in need of international protection , expressing solidarity with countries in regions to which or within which a large number of persons in need of international protection have been displaced by helping to alleviate the pressure on those countries , helping achieve the union’s migration policy objectives by increasing the union’s leverage vis - à - vis third countries , and of effectively contributing to global resettlement initiatives by speaking with one voice in international fora and with third countries , the fund should provide financial incentives to the implementation of the union resettlement [ and humanitarian admission ] framework .


### the contribution from the union budget shall not exceed 75 % of the total eligible expenditure of a project . ### the contribution from the union budget shall not exceed 80 % of the total eligible expenditure of a project .


### supporting the capacity of member states’ asylum systems as regards infrastructures and services where necessary ; ### supporting the capacity of member states’ asylum systems as regards infrastructures , services , reception conditions , access to legal aid and interpretation ;


### considering the high levels of migration flows to the union in the last years and the importance of ensuring the cohesion of our societies , it is crucial to support member states’ policies for early integration of legally staying third - country nationals , including in the priority areas identified in the action plan on integration of third - country nationals adopted by the commission in 2016 . ### considering the importance of ensuring the cohesion of our societies , it is crucial to support member states’ policies for early reception , integration and inclusion of legally staying third - country nationals , including in the priority areas identified in the action plan on integration of third - country nationals adopted by the commission in 2016 .


### the fund should support the efficient management of migration flows , inter alia by promoting common measures in the area of asylum , including member states’ efforts in receiving persons in need of international protection through resettlement and the transfer of applicants for or beneficiaries of international protection between member states , supporting integration strategies and a more effective legal migration policy , so as to ensure the union’s long - term competitiveness and the future of its social model and reduce incentives for irregular migration through a sustainable return and readmission policy . the fund should support the strengthening of cooperation with third countries to reinforce management of flows of persons applying for asylum or other forms of international protection , avenues on legal migration and to counter irregular migration and ensure sustainability of return and effective readmission to third countries . ### the fund should support the efficient management of migration , inter alia by promoting common measures in the area of asylum , including member states’ efforts in receiving persons in need of international protection through resettlement and the transfer of applicants for or beneficiaries of international protection between member states , supporting integration strategies and a more effective legal migration policy , so as to ensure the union’s long - term competitiveness and the future of its social model and reduce incentives for irregular migration through the introduction of adequate channels for legal migration . the fund should support the strengthening of cooperation with third countries to reinforce avenues on legal migration and to ensure sustainability of reintegration after return to third countries .


### the migration crisis highlighted the need to reform the common european asylum system to ensure that efficient asylum procedures to prevent secondary movements , to provide uniform and appropriate reception conditions for applicants for international protection , uniform standards for the granting of international protection and appropriate rights and benefits for beneficiaries of international protection . at the same time , the reform was needed to put in place a fairer and more effective system of determining member states’ responsibility for applicants for international protection as well as a union framework for member states’ resettlement efforts . therefore , it is appropriate for the fund to provide increased support to member states’ efforts to fully and properly implement the reformed common european asylum system . ### a reform of the common european asylum system is needed in order to ensure that efficient and rights - based asylum procedures are in place and can be accessed by asylum applicants , to provide uniform and appropriate reception conditions for applicants for international protection , uniform standards for the granting of international protection and appropriate rights and benefits for beneficiaries of international protection . at the same time , the reform is needed to put in place a fairer and more effective system of determining member states’ responsibility for applicants for international protection as well as a union framework for member states’ resettlement efforts . therefore , it is appropriate for the fund to provide increased support to member states’ efforts to fully and properly implement the reformed common european asylum system .


### support to member states contributing to solidarity and responsibility efforts ; and ### support to member states at central , regional or local level and to international and non - governmental organisations which contribute to solidarity efforts ;


### the migration crisis highlighted the need to reform the common european asylum system to ensure that efficient asylum procedures to prevent secondary movements , to provide uniform and appropriate reception conditions for applicants for international protection , uniform standards for the granting of international protection and appropriate rights and benefits for beneficiaries of international protection . at the same time , the reform was needed to put in place a fairer and more effective system of determining member states’ responsibility for applicants for international protection as well as a union framework for member states’ resettlement efforts . therefore , it is appropriate for the fund to provide increased support to member states’ efforts to fully and properly implement the reformed common european asylum system . ### it is appropriate to support and improve the efforts made by member states to fully and properly implement the union asylum acquis , in particular to grant appropriate reception conditions to displaced persons and applicants for , and beneficiaries of , international protection , to ensure the correct determination of status , to apply fair and effective asylum procedures and to promote good practice in the field of asylum , so as to protect the rights of persons requiring international protection and enable member states’ asylum systems to work efficiently . the fund should therefore provide increased support to member states’ efforts to fully and properly implement the reformed common european asylum system .


### legal entities participating in consortia of at least two independent entities , established in different member states or overseas countries or territories linked to those states or in third countries are eligible . ### legal entities participating in consortia of at least two independent entities , established in different member states or overseas countries or territories linked to those states are eligible .


### the development , monitoring and evaluation of policies and procedures including on collection and exchange of information and data , development and application of common statistical tools , methods and indicators for measuring progress and assessing policy developments ; ### the development , monitoring and evaluation of policies and procedures including the development , collection , analysis , dissemination of qualitative and quantitative data and statistics on migration and international protection and the development and application of common statistical tools , methods and indicators for measuring progress and assessing policy developments ;