### that threshold is not applicable where the selection of bodies implementing financial instruments is made through a competitive tender in accordance with the applicable law and the competitive tender establishes the need for a higher level of management costs and fees . ### where the selection of bodies implementing financial instruments is made through a competitive tender in accordance with the applicable law and the competitive tender establishes the need for a higher level of management costs and fees , that threshold shall be 7 % , and fees shall be performance - based .


### as regards grants provided to beneficiaries , member states should increasingly make use of simplified cost options . the threshold linked to the obligatory use of simplified cost options should be linked to the total costs of the operation in order to ensure the same treatment of all operations below the threshold , regardless of whether the support is public or private . ### as regards grants provided to beneficiaries , member states should increasingly make use of simplified cost options . the threshold linked to the obligatory use of simplified cost options should be linked to the total costs of the operation in order to ensure the same treatment of all operations below the threshold , regardless of whether the support is public or private . member states should consult the monitoring committee as regards preparing simplified cost options .


### the values of output and result indicators for selected operations and values achieved by operations . ### in the data transmissions due by 31 may and 30 november of each year only , the values of output and result indicators for selected operations and values achieved by operations .


### reflecting the importance of tackling climate change in line with the union’s commitments to implement the paris agreement and the united nations sustainable development goals , the funds will contribute to mainstream climate actions and to the achievement of an overall target of 25 % of the eu budget expenditure supporting climate objectives . ### reflecting the importance of tackling climate change in view of contributing to the financing of necessary actions to fulfil the union’s commitments to implement the paris agreement and the united nations sustainable development goals , the funds should contribute to mainstream climate actions and to the achievement of an overall target of at least 30 % of the eu budget expenditure supporting climate objectives . following the recommendations of the european court of auditors , climate mainstreaming and climate proofing mechanisms should be an integral part of programming and implementation , in particular project selection , and materialized ex - ante .


### the commission may implement outermost regions ' cooperation under the european territorial cooperation goal under indirect management . ### the commission may , with the agreement of the member state , implement outermost regions ' cooperation under the european territorial cooperation goal under indirect management .


### eur 500 000 000 of the resources for the investment for jobs and growth goal shall be allocated to the european urban initiative under direct or indirect management by the commission . ### eur 560 000 000 in 2018 prices of the resources for the investment for jobs and growth goal shall be allocated to the european urban initiative under direct or indirect management by the commission .


### measures for the shift from institutional to community - based care ### measures for the transition from institutional to family - and community - based care


### where a guarantee agreement , as set out in article [ 9 ] of the [ investeu regulation ] , has not been concluded within nine months from the approval of the contribution agreement , the respective amounts paid into the common provisioning fund as a provisioning shall be transferred back to a programme or programmes and the member state shall submit a corresponding request for a programme amendment . ### where a guarantee agreement , as set out in article [ 9 ] of the [ investeu regulation ] , has not been concluded within nine months from the approval of the contribution agreement , the respective amounts paid into the common provisioning fund as a provisioning shall be transferred back to a programme or programmes and the member state shall submit a corresponding request for a programme amendment . in this particular case , resources of past calendar years can be modified , as long as the commitments are not yet implemented .


### the erdf , the esf + and the cohesion fund shall support the investment for jobs and growth goal in all regions corresponding to level 2 of the common classification of territorial units for statistics established by regulation no 1059 / 2003 as amended by commission regulation no 868 / 2014 . ### the erdf , the esf + and the cohesion fund shall support the investment for jobs and growth goal in all regions corresponding to level 2 of the common classification of territorial units for statistics established by regulation no&#160 ; 1059 / 2003 as amended by commission regulation no&#160 ; 868 / 2014 .


### resources for the investment for jobs and growth goal shall amount to 97 . 5 % of the global resources and shall be allocated as follows : ### resources for the investment for jobs , growth , social inclusion and upward convergence goal shall amount to 97 . 5% of the global resources i . e . , a total of eur 366 754 090 000 in constant 2018 prices shall be allocated as follows :


### in order to further develop a coordinated and harmonised implementation of union funds implemented under shared management namely the european regional development fund , the european social fund plus , the cohesion fund , measures financed under shared management in the european maritime and fisheries fund , the asylum and migration fund , internal security fund and integrated border management fund , financial rules based on article 322 of the tfeu should be established for all these funds , clearly specifying the scope of application of the relevant provisions . in addition , common provisions based on article 177 of the tfeu should be established to cover policy specific rules for the erdf , the esf + , the cohesion fund and the emff . ### in order to further develop a coordinated and harmonised implementation of union funds implemented under shared management namely the european regional development fund , the european social fund plus , the cohesion fund , the european agricultural fund for rural development , measures financed under shared management in the european maritime and fisheries fund , the asylum and migration fund , internal security fund and integrated border management fund , financial rules based on article 322 of the tfeu should be established for all these funds , clearly specifying the scope of application of the relevant provisions . in addition , common provisions based on article 177 of the tfeu should be established to cover policy specific rules for the erdf , the esf + , the cohesion fund , the eafrd and the emff .


### eur 175 000 000 of the esf + resources for the investment for jobs and growth goal shall be allocated for transnational cooperation supporting innovative solutions under direct or indirect management . ### eur 196 000 000 in 2018 prices of the esf + resources for the investment for jobs and growth goal shall be allocated for transnational cooperation supporting innovative solutions under direct or indirect management .


### the esf + regulation may establish higher co - financing rates for priorities supporting innovative actions in accordance with article [ 14 ] of that regulation . ### the esf + regulation may in duly justified cases establish higher co - financing rates , of up to 90 % , for priorities supporting innovative actions in accordance with article [ 14 ] of that regulation .


### the annual performance reports for programmes supported by the emff , the amf , the isf and the bmvi , and the final performance report for programmes supported by the erdf , the esf + and the cohesion fund ; ### the annual performance reports for programmes supported by the eafrd , the emff , the amf , the isf and the bmvi , and the final performance report for programmes supported by the erdf , the esf + and the cohesion fund ;


### the managing authority shall carry out evaluations of the programme . each evaluation shall assess the programme ' s effectiveness , efficiency , relevance , coherence and eu added value with the aim to improve the quality of the design and implementation of programmes . ### the managing authority shall carry out evaluations of the programme . each evaluation shall assess the programme ' s inclusiveness , non - discriminatory nature , effectiveness , efficiency , relevance , coherence and eu added value including gender equality with the aim to improve the quality of the design and implementation of programmes .


### for programmes supported by the emff , the amf , the isf and the bmvi , the member state shall submit an annual performance report in accordance with the fund - specific regulations . ### for programmes supported by the eafrd , the emff , the amf , the isf and the bmvi , the member state shall submit an annual performance report in accordance with the fund - specific regulations .


### complementarities between the funds and other union instruments , including life strategic integrated projects and strategic nature projects ; ### complementarities and synergies between the funds , including eafrd and interreg programmes , and other union instruments , including life strategic integrated projects and strategic nature projects ;


### subject to available funding , the commission shall make interim payments no later than 60 days after the date on which a payment application is received by the commission . ### the commission shall make interim payments no later than 60 days after the date on which a payment application is received by the commission .


### in order to further develop a coordinated and harmonised implementation of union funds implemented under shared management namely the european regional development fund , the european social fund plus , the cohesion fund , measures financed under shared management in the european maritime and fisheries fund , the asylum and migration fund , internal security fund and integrated border management fund , financial rules based on article 322 of the tfeu should be established for all these funds , clearly specifying the scope of application of the relevant provisions . in addition , common provisions based on article 177 of the tfeu should be established to cover policy specific rules for the erdf , the esf + , the cohesion fund and the emff . ### in order to further develop a coordinated and harmonised implementation of union funds implemented under shared management namely the european regional development fund , the cohesion fund , measures financed under shared management in the european social fund plus , the european maritime and fisheries fund , the asylum and migration fund , internal security fund and integrated border management fund , financial rules based on article 322 of the tfeu should be established for all these funds , clearly specifying the scope of application of the relevant provisions . in addition , common provisions based on article 177 of the tfeu should be established to cover policy specific rules for the erdf , the cohesion fund and the shared management parts of the esf + and the emff .


### a europe closer to citizens by fostering the sustainable and integrated development of urban , rural and coastal areas and local initiatives . ### a europe closer to citizens by fostering the sustainable and integrated development of all regions , areas and local initiatives .


### the principle of partnership is a key feature in the implementation of the funds , building on the multi - level governance approach and ensuring the involvement of civil society and social partners . in order to provide continuity in the organisation of partnership , commission delegated regulation no 240 / 201413 should continue to apply . _________________ 13 commission delegated regulation no 240 / 2014 of 7 january 2014 on the european code of conduct on partnership in the framework of the european structural and investment funds . ### the principle of partnership is a key feature in the implementation of the funds , building on the multi - level governance approach and ensuring the involvement of civil society and social partners . in order to provide continuity in the organisation of partnership , commission delegated regulation no 240 / 201413 should continue to apply . the partnership principle is particularly relevant in the definition of just transition strategies to be defined at the relevant territorial level to ensure a socially fair and inclusive transition towards a low carbon economy . _________________ 13 commission delegated regulation no 240 / 2014 of 7 january 2014 on the european code of conduct on partnership in the framework of the european structural and investment funds .


### relevant bodies representing civil society , environmental partners , and bodies responsible for promoting social inclusion , fundamental rights , rights of persons with disabilities , gender equality and non - discrimination . ### bodies representing civil society , such as environmental partners , non - governmental organisations , and bodies responsible for promoting social inclusion , fundamental rights , rights of persons with disabilities , gender equality and non - discrimination .


### 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 , while fully respecting the code of conduct for partnership and multi - level governance , 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 managing authority , in managing the financial instrument pursuant to paragraph 2 , or the body implementing the financial instrument , in managing the financial instrument pursuant to paragraph 3 , shall keep separate accounts or maintain an accounting code per priority and per each category of region for each programme contribution and separately for resources referred to in articles 54 and 56 respectively . ### the managing authority , in managing the financial instrument pursuant to paragraph 2 , or the body implementing the financial instrument , in managing the financial instrument pursuant to paragraph 3 , shall keep separate accounts or maintain an accounting code per priority and per each category of region , or by type of intervention for the eafrd , for each programme contribution and separately for resources referred to in articles 54 and 56 respectively .


### by dividing the latest documented annual gross employment costs by 1720 hours for persons working full time , or by a corresponding pro - rata of 1720 hours , for persons working part - time ; ### by dividing the latest documented annual gross employment costs , with expected additional costs in order to take account of factors such as increases in tariffs or promotions , by 1720 hours for persons working full time , or by a corresponding pro - rata of 1720 hours , for persons working part - time ;


### within each programme , technical assistance shall take the form of a priority relating to one single fund . ### within each programme , technical assistance may take the form of a single - fund or multi - fund priority in an operational programme , or the form of a specific operational programme , or both .


### the member state shall submit to the commission by 31 march 2025 a request for the amendment of each programme in accordance with article 19 . the member state shall justify the amendment on the basis of the elements set out in paragraph 1 . ### in accordance with the outcome of the review , the member state shall submit to the commission by 31 march 2025 a request for the amendment of each programme in accordance with article 19 , or state that no amendment is requested . the member state shall justify the amendment on the basis of the elements set out in paragraph 1 or , as appropriate , give reasons for not requesting the amendment of a programme .


### the member state shall submit to the commission by 31 march 2025 a request for the amendment of each programme in accordance with article 19 . the member state shall justify the amendment on the basis of the elements set out in paragraph 1 . ### the member state may submit to the commission by 31 march 2025 a request for the amendment of each programme in accordance with article 19 . a possible change shall be substantiated by the member state on the basis of the elements set out in paragraph 1 .


### to ensure the effectiveness , fairness and sustainable impact of the funds , there should be provisions guaranteeing that investments in infrastructure or productive investment are long - lasting and prevent the funds from being used to undue advantage . managing authorities should pay particular attention not to support relocation when selecting operations and to treat sums unduly paid to operations not complying with the requirement of durability as irregularities . ### to ensure the inclusiveness , non - discrimination , effectiveness , fairness and sustainable impact of the funds , there should be provisions guaranteeing that investments in infrastructure or productive investment are inclusive , non - discriminatory , long - lasting and prevent the funds from being used to undue advantage . managing authorities should pay particular attention not to support relocation when selecting operations and to treat sums unduly paid to operations not complying with the requirement of durability as irregularities . transparency all throughout the process is key .


### the member state shall review the programme taking into account the observations made by the commission . ### the member state shall provide to the commission all necessary additional information and , where appropriate , review the programme taking into account the observations made by the commission .


### for the purpose of paragraph 1 , in case of replacement of posted workers performing the same task at the same place , the cumulative duration of the posting periods of the workers concerned shall be taken into account , with regard to workers that are posted for an effective duration of at least six months . ### for the purpose of paragraph 1 , in case of replacement of posted workers performing the same or a similar task at the same place , the cumulative duration of the posting periods of the workers concerned shall be taken into account .


### because of the highly mobile nature of work in international road transport , the implementation of the posting of workers directive raises particular legal questions and difficulties . it would be most suited for these challenges to be addressed through sector - specific legislation together with other eu initiatives aimed at improving the functioning of the internal road transport market . ### because of the highly mobile nature of work in international road transport it would be most suited to address this topic through sector - specific legislation together with other eu initiatives aimed at improving the functioning of the internal road transport market .


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


### for the purpose of this directive , remuneration means all the elements of remuneration rendered mandatory by national law , regulation or administrative provision , collective agreements or arbitration awards which have been declared universally applicable and / or , in the absence of a system for declaring collective agreements or arbitration awards to be of universal application , other collective agreements or arbitration awards within the meaning of paragraph 8 second subparagraph , in the member state to whose territory the worker is posted . ### for the purpose of this directive , remuneration shall be defined by the national law and / or practice of the member state to whose territory the worker is posted .


### the elements of remuneration under national law or universally applicable collective agreements should be clear and transparent to all service providers . it is therefore justified to impose on member states the obligation to publish the constituent elements of remuneration on the single website provided for by article 5 of the enforcement directive . ### the elements of remuneration under national law or universally applicable collective agreements should be clear and transparent to all service providers and posted workers . it is therefore justified to impose on member states the obligation to publish the constituent elements of remuneration on the single website provided for by article 5 of the enforcement directive .


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


### member states shall publish in the single official national website referred to in article 5 of directive 2014 / 67 / eu the constituent elements of remuneration in accordance with point . ### member states shall publish in the single official national website referred to in article 5 of directive 2014 / 67 / eu the constituent elements of remuneration , their geographic and personal scope and the method of calculation in accordance with point . if the payment received by the posted worker is at least equal to the amount of constituent elements of remuneration , it shall be deemed that this posted worker has received the remuneration provided for in this directive . '


### detailed rules for the exchange of supplementary information shall be adopted by means of implementing measures in accordance with the examination procedure referred to in article 55 in the form of a manual called the ‘ sirene manual’ . ### the commission shall be empowered to adopt a delegated act in accordance with article 54a concerning the adoption of a manual called the ‘ sirene manual’ containing detailed rules for the exchange of supplementary information .


### regulation 2016 / 794 provides that europol supports and strengthens actions carried out by the competent authorities of member states and their cooperation in combating terrorism and serious crime and provides analysis and threat assessments . in order to facilitate europol in carrying out its tasks , in particular within the european migrant smuggling centre , it is appropriate to allow europol access to the alert categories defined in this regulation . europol ' s european migrant smuggling centre plays a major strategic role in countering the facilitation of irregular migration , it should obtain access to alerts on persons who are refused entry and stay within the territory of a member state either on criminal grounds or because of non - compliance with entry and stay conditions . ### regulation 2016 / 794 provides that europol supports and strengthens actions carried out by the competent authorities of member states and their cooperation in combating terrorism and serious crime and provides analysis and threat assessments . in order to facilitate europol in carrying out its tasks , it is appropriate to allow europol access to the alert categories defined in this regulation .


### a greater level of effectiveness , harmonisation and consistency can be achieved by making it mandatory to enter in sis all entry bans issued by the competent authorities of the member states in accordance with procedures respecting directive 2008 / 115 / ec47 , and by setting common rules for entering such alerts following the return of the illegally staying third country national . member states should take all necessary measures to ensure that no time - gap exist between the moment in which the third - country national leaves the schengen area and the activation of the alert in sis . this should ensure the successful enforcement of entry bans at external border crossing points , effectively preventing re - entry into the schengen area . _________________ 47 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 . ### a greater level of effectiveness , harmonisation and consistency can be achieved by making it mandatory to enter in sis all entry bans issued by the competent authorities of the member states in accordance with procedures respecting directive 2008 / 115 / ec47 , and by setting common rules for entering such alerts following the return of the irregular staying third country national . member states should take all necessary measures to ensure that no time - gap exist between the moment in which the third - country national leaves the schengen area and the activation of the alert in sis . this should ensure the successful enforcement of entry bans at external border crossing points , effectively preventing re - entry into the schengen area . _________________ 47 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 .


### photographs , facial images and dactylographic data shall be retrieved from sis to verify the identity of a person who has been located as a result of an alphanumeric search made in sis . ### where such data is contained within an alert in the sis , photographs , facial images or dactylographic data shall be retrieved from sis to verify the identity of a person who has been located as a result of an alphanumeric search made in sis .


### fingerprints found at a crime scene should be allowed to be checked against the dactylographic data stored in sis if it can be established to a high degree of probability that they belong to the perpetrator of the serious crime or terrorist offence . serious crime should be the offences listed in council framework decision 2002 / 584 / jha45 and ‘ terrorist offence’ should be offences under national law referred to in council framework decision 2002 / 475 / jha46 . _________________ 45 council framework decision of 13 june 2002 on the european arrest warrant and the surrender procedures between member states . 46 council framework decision 2002 / 475 / jha of 13 june 2002 on combating terrorism . ### fingerprints found at a crime scene should be allowed to be checked against the dactylographic data stored in sis if there is evidence to show that they belong to the perpetrator of the serious crime or terrorist offence . serious crime should be those offences , for which there is automatic surrender to the requesting member state , as listed in council framework decision 2002 / 584 / jha and ‘ terrorist offence’ should be those offences under national law set out in articles 3 , 4 , 12 and 14 of directive 2017 / 541 on combating terrorism referred to in council decision 2002 / 475 / jha .


### in the application of article 24 member states shall , in all circumstances , create such an alert in relation to third country nationals if the offence falls under articles 1 – 4 of council framework decision 2002 / 475 / jha on combating terrorism71 . _________________ 71 council framework decision 2002 / 475 / jha of 13 june 2002 on combating terrorism . ### in the application of article 24 member states shall , in all circumstances , create such an alert in relation to a third country national if that third country national is a suspect of an offence that falls under articles 3 , 4 , 12 or 14 of directive 2017 / 541 on combating terrorism71 . _________________ 71 directive 2017 / 541 of the european parliament and of the council of 15 march 2017 on combating terrorism and replacing council framework decision 2002 / 475 / jha and amending council decision 2005 / 671 / jha


### sex ; ### gender ;


### regulation 2016 / 1624 of the european parliament and of the council54 provides for the purposes of this regulation , that the host member state is to authorise the members of the european border and coast guard teams or teams of staff involved in return - related tasks , deployed by the european border and coast guard agency , to consult european databases , where this consultation is necessary for fulfilling operational aims specified in the operational plan on border checks , border surveillance and return . other relevant union agencies , in particular the european asylum support office and europol , may also deploy experts as part of migration management support teams , who are not members of the staff of those union agencies . the objective of the deployment of the european border and coast guard teams , teams of staff involved in return - related tasks and the migration management support teams is to provide for technical and operational reinforcement to the requesting member states , especially to those facing disproportionate migratory challenges . fulfilling the tasks assigned to the european border and coast guard teams , teams of staff involved in return - related tasks and to the migration management support teams , necessitates access to sis via a technical interface of the european border and coast guard agency connecting to central sis . in cases where searches carried out by the team or the teams of staff in sis reveal the existence of an alert issued by a member state , the member of the team or the staff cannot take the required action unless authorised to do so by the host member state . therefore it should inform the member states concerned allowing for follow up of the case . _________________ 54 regulation 2016 / 1624 of the european parliament and of the council of 14 september 2016 on the european border and coast guard and amending regulation 2016 / 399 of the european parliament and of the council and repealing regulation no 863 / 2007 of the european parliament and of the council , council regulation no 2007 / 2004 and council decision 2005 / 267 / ec . ### regulation 2016 / 1624 of the european parliament and of the council54 provides for the purposes of this regulation , that the host member state is to authorise the members of the european border and coast guard teams , deployed by the european border and coast guard agency , to consult european databases , where this consultation is necessary for fulfilling operational aims specified in the operational plan on border checks , border surveillance and return . other relevant union agencies , in particular the european asylum support office and europol , may also deploy experts as part of migration management support teams , who are not members of the staff of those union agencies . the objective of the deployment of the european border and coast guard teams , and the migration management support teams is to provide for technical and operational reinforcement to the requesting member states , especially to those facing disproportionate migratory challenges . fulfilling the tasks assigned to the european border and coast guard teams , and to the migration management support teams , necessitates access to sis via a technical interface of the european border and coast guard agency connecting to central sis . in cases where searches carried out by the team or the teams of staff in sis reveal the existence of an alert issued by a member state , the member of the team or the staff cannot take the required action unless authorised to do so by the host member state . therefore it should inform the member states concerned allowing for follow up of the case . _________________ 54 regulation 2016 / 1624 of the european parliament and of the council of 14 september 2016 on the european border and coast guard and amending regulation 2016 / 399 of the european parliament and of the council and repealing regulation no 863 / 2007 of the european parliament and of the council , council regulation no 2007 / 2004 and council decision 2005 / 267 / ec .


### ‘ serious crime’ means offences listed in article 2 and of framework decision 2002 / 584 / jha of 13 june 200268 ; _________________ 68 council framework decision of 13 june 2002 on the european arrest warrant and the surrender procedures between member states . ### ‘ serious crime’ means offences listed in article 2 of framework decision 2002 / 584 / jha of 13 june 2002 ;


### the european border and coast guard agency shall , for the purpose of analysing the threats that may affect the functioning or security of the external borders , have the right to access and search data entered in sis , in accordance with articles 24 and 27 . ### duly authorised staff of the european border and coast guard agency shall have access to the statistical data contained in the central repository referred to in article 54 for the purpose of carrying out risk analyses and vulnerability assessments as referred to in articles 11 and 13 of regulation 2016 / 16241a . _________________ 1a regulation 2016 / 1624 of the european parliament and of the council of 14 september 2016 on the european border and coast guard and amending regulation 2016 / 399 of the european parliament and of the council and repealing regulation no 863 / 2007 of the european parliament and of the council , council regulation no 2007 / 2004 and council decision 2005 / 267 / ec


### a member state issuing an alert shall , within five years of its entry into sis , review the need to retain it . ### a member state issuing an alert shall , within three years of its entry into sis , review the need to retain it , except for alerts concerning an entry ban issued in accordance with article 24 for which the review period is five years .


### member states should make the necessary technical arrangement so that each time the end - users are entitled to carry out a search in a national police or immigration database they also search sis in parallel in accordance with article 4 of directive 2016 / 680 of the european parliament and of the council44 . this should ensure that sis functions as the main compensatory measure in the area without internal border controls and better address the cross - border dimension of criminality and the mobility of criminals . _________________ 44 directive 2016 / 680 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties , and on the free movement of such data and repealing council framework decision 2008 / 977 / jha , oj l 119 , 4 . 5 . 2016 . ### member states should make the necessary technical arrangement so that each time the end - users are entitled to carry out a search in a national police or immigration database they are also entitled to search sis in parallel in accordance with article 4 of directive 2016 / 680 of the european parliament and of the council44 . this should help ensure that sis functions as the main compensatory measure in the area without internal border controls and better address the cross - border dimension of criminality and the mobility of criminals . _________________ 44 directive 2016 / 680 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties , and on the free movement of such data and repealing council framework decision 2008 / 977 / jha , oj l 119 , 4 . 5 . 2016 .


### where a member state other than that which issued an alert has evidence suggesting that an item of data is factually incorrect or has been unlawfully stored , it shall , through the exchange of supplementary information , inform the issuing member state at the earliest opportunity and not later than 10 days after the said evidence has come to its attention . the issuing member state shall check the communication and , if necessary , correct or delete the item in question without delay . ### where a member state other than that which issued an alert has evidence suggesting that an item of data is factually incorrect or has been unlawfully stored , it shall , through the exchange of supplementary information , inform the issuing member state at the earliest opportunity and not later than two working days after the said evidence has come to its attention . the issuing member state shall check the communication and , if necessary , correct or delete the item in question within seven working days from the notification


### the european border and coast guard agency shall , for the purpose of performing its tasks conferred on it by the regulation establishing a european travel information and authorisation system , have the right to access and verify data entered in sis , in accordance with articles 24 and 27 . ### in so far as it is necessary , for the purpose of performing any tasks conferred on it by the regulation establishing a european travel information and authorisation system , the etias central unit within the european border and coast guard agency shall have the right to access and verify data entered in sis , in accordance with articles 24 and 27 .


### ‘ serious crime’ means offences listed in article 2 and of framework decision 2002 / 584 / jha of 13 june 200268 ; _________________ 68 council framework decision of 13 june 2002 on the european arrest warrant and the surrender procedures between member states . ### ‘ serious crime’ means offences listed in article 2 of framework decision 2002 / 584 / jha of 13 june 200268 , where those offences are punishable in the issuing member state , by a judicial decision executing a custodial sentence or detention order for a maximum period of at least three years _________________ 68 council framework decision of 13 june 2002 on the european arrest warrant and the surrender procedures between member states .


### this regulation respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union . in particular , this regulation seeks to ensure a safe environment for all persons residing on the territory of the european union and a protection of irregular migrants from exploitation and trafficking by allowing their identification while fully respecting the protection of personal data . ### this regulation respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union . in particular , this regulation should fully respect the protection of personal data in accordance with article 8 of the charter of fundamental rights while seeking to ensure a safe environment for all persons residing on the territory of the european union and the protection of irregular migrants from exploitation and trafficking


### ' alert ' means a set of data , including biometric identifiers as referred to in article 22 , entered in sis allowing the competent authorities to identify a person with a view to taking specific action ; ### ' alert ' means a set of data , including , where appropriate , biometric identifiers as referred to in article 22 , entered in sis allowing the competent authorities to identify a person with a view to taking specific action ;


### ‘ terrorist offences’ means offences under national law referred to in articles , 1 - 4 of framework decision 2002 / 475 / jha of 13 june 200269 . _________________ 69 council framework decision 2002 / 475 / jha of 13 june 2002 on combating terrorism . ### ‘ terrorist offences’ means offences under national law referred to in articles 3 , 4 and 14 of directive 2017 / 54169 . _________________ 69 directive 2017 / 541 of the european parliament and of the council of 15 march 2017 on combating terrorism and replacing council framework decision 2002 / 475 / jha and amending council decision 2005 / 671 / jha


### this regulation should set out the conditions for use of dactylographic data and facial images for identification purposes . the use of facial images for identification purposes in sis should also help ensure consistency in border control procedures where identification and the verification of identity are required by the use of dactylographic data and facial images . searching with dactylographic data should be mandatory if there is any doubt concerning the identity of a person . facial images for identification purposes should only be used in the context of regular border controls in self - service kiosks and electronic gates . ### this regulation should set out the conditions for use of dactylographic data and facial images for identification purposes . the use of facial images for identification purposes in sis should also help to ensure consistency in border control procedures where the identification and the verification of identity are required by the use of fingerprints and facial images . searching with dactylographic data should be mandatory if the identity of the person cannot be ascertained by any other means . facial images for identification purposes should only be used in the context of regular border controls in self - service kiosks and electronic gates .


### alerts should not be kept in sis longer than the time required to fulfil the purposes for which they were issued . in order reduce the administrative burden on the authorities involved in processing data on individuals for different purposes , it is appropriate to align the maximum retention period of refusal of entry and stay alerts with the possible maximum length of entry bans issued in accordance with procedures respecting directive 2008 / 115 / ec . therefore , the retention period for alerts on persons should be a maximum of five years . as a general principle , alerts on persons should be automatically deleted from sis after a period of five years . decisions to keep alerts on persons should be based on a comprehensive individual assessment . member states should review alerts on persons within the defined period and keep statistics about the number of alerts on persons for which the retention period has been extended . ### alerts should not be kept in sis longer than the time required to fulfil the purposes for which they were issued . it is therefore necessary to maintain a review of the necessity of an alert after a period of three years . as a general principle , alerts on persons should be automatically deleted from sis as soon as they are no longer necessary , or after a period of three years . decisions to keep alerts on persons should be based on a comprehensive individual assessment . member states should review alerts on persons within the defined period and keep statistics about the number of alerts on persons for which the retention period has been extended .


### a third - country national in respect of whom there are serious grounds for believing that he has committed a serious crime or in respect of whom there are clear indications of an intention to commit such an offence in the territory of a member state . ### a third - country national in respect of whom there is clear evidence to suggest that he has committed a serious crime or in respect of whom there is clear evidence of an intention to commit such an offence in the territory of a member state .


### the logs may only be used for the purposes mentioned in paragraph 1 and shall be deleted at the earliest one year , and at the latest three years , after their creation . the logs which include the history of alerts shall be erased after one to three years after deletion of the alerts . ### the logs may only be used for the purposes mentioned in paragraph 1 and shall be deleted at two years after their creation . the logs which include the history of alerts shall be erased two years after deletion of the alerts .


### dactylographic data stored in sis in relation to alerts issued under article 24 may also be searched with complete or incomplete sets of fingerprints or palm prints discovered at the scenes of crimes under investigation and where it can be established to a high degree of probability that they belong to the perpetrator of the offence provided that the competent authorities are unable to establish the identity of the person by using any other national , european or international database . ### dactylographic data stored in sis in relation to alerts issued under article 24 may also be searched with complete or incomplete sets of fingerprints or palm prints discovered at the scenes of serious crimes or terrorist offences under investigation and where it can be established to a high degree of probability that they belong to the perpetrator of the serious crime or terrorist offence provided that the competent authorities are unable to establish the identity of the person by using any other national , european or international database .


### the commission , in cooperation with the national supervisory authorities and the european data protection supervisor , shall regularly carry out campaigns informing the public about the objectives of sis , the data stored , the authorities having access to sis and the rights of data subjects . member states shall , in cooperation with their national supervisory authorities , devise and implement the necessary policies to inform their citizens about sis generally . ### once this regulation applies in accordance with article 75 herein , the commission , in cooperation with the national supervisory authorities and the european data protection supervisor , shall carry out a campaign informing the public about the objectives of sis , the data stored , the authorities having access to sis and the rights of data subjects . the commission , in cooperation with the national supervisory authorities and the european data protection supervisor , shall repeat such campaigns regularly . member states shall , in cooperation with their national supervisory authorities , devise and implement the necessary policies to inform their citizens about sis generally .


### cities in efta / eea countries and in candidate countries and potential candidates which participate in the creative europe programme or in the subsequent union programmes supporting culture at the date of publication of the call for submission of applications referred to in article 10 may apply for the title for one year in the framework of an open competition organised every third year in accordance with the calendar . ### cities in efta / eea countries , candidate countries and potential candidates which participate in the creative europe programme or in the subsequent union programmes supporting culture at the date of publication of the call for submission of applications referred to in article 10 may apply for the title for one year in the framework of an open competition organised every third year in accordance with the calendar .


### decision no 445 / 2014 / eu of the european parliament and of the council5 aims to safeguard and promote the diversity of cultures in europe and to highlight the common features they share while increasing citizens ' sense of belonging to a common cultural area . that decision also aims to foster the contribution of culture to the long - term development of cities in accordance with their respective strategies and priorities . _________________ 5 decision no 445 / 2014 / eu of the european parliament and of the council of 16 april 2014 establishing a union action for the european capitals of culture for the years 2020 to 2033 and repealing decision no 1622 / 2006 / ec . ### decision no 445 / 2014 / eu of the european parliament and of the council aims to safeguard and promote the richness and diversity of cultures in europe and to highlight the common features they share while increasing citizens ' sense of belonging to a common cultural area and encouraging mutual understanding and intercultural dialogue . that decision also aims to foster the contribution of culture to the smart , sustainable and inclusive development of cities and their surrounding areas in accordance with their respective long - term strategies and priorities .


### the establishment of a single competent authority at national level integrating all permit granting procedures should reduce the complexity , improve the efficiency and increase the transparency of the procedures . it should also enhance the cooperation between member states where appropriate . the procedures should promote a real cooperation between investors and the single competent authority and should therefore allow for the scoping in the pre - application phase of the permit granting procedure . such scoping should be integrated in the detailed application outline and follow the procedure set out in article 5 of 2011 / 92 / eu , as amended by directive 2014 / 52 / eu . ### the establishment of a single competent authority at national level integrating all permit granting procedures should reduce the complexity , lower the cost , improve the efficiency and coordination and increase the transparency and the speed of adoption of the procedures so as to enable the projects to be efficiently implemented and the set objectives to be attained . it should also enhance the cooperation between member states and promote synergy between the various instruments for this objective , given that the stimulation of ten - t will contribute to the improvement of business competitiveness in the european single market , favouring intra - community trade . the procedures should promote a real cooperation between investors and the single competent authority and should therefore allow for the scoping in the pre - application phase of the permit granting procedure . such scoping should be integrated in the detailed application outline and follow the procedure set out in article 5 of 2011 / 92 / eu , as amended by directive 2014 / 52 / eu .


### within three months of the start of the permit granting procedure , the single competent authority , in close cooperation with the project promoter and other authorities concerned and taking into account the information submitted by the project promoter on the basis of the notification referred to in paragraph 3 , shall establish and communicate to the project promoter a detailed application outline , containing : ### within two months of the start of the permit granting procedure , the single competent authority , in close cooperation with the project promoter and other authorities concerned and taking into account the information submitted by the project promoter on the basis of the notification referred to in paragraph 3 , shall establish and communicate to the project promoter a detailed application outline , containing :


### &#8220 ; comprehensive decision&#8221 ; means the decision or set of decisions taken by a member state authority or authorities not including courts or tribunals that determines whether or not a project promoter is to be granted authorisation to build the transport infrastructure needed to complete a project without prejudice to any decision taken in the context of an administrative appeal procedure ; ### &#8220 ; comprehensive decision&#8221 ; means the decision or set of decisions taken by a member state authority or authorities or a joint management entity set up by mutual agreement between the parties , not including courts or tribunals that determines whether or not a project promoter is to be granted authorisation to build the transport infrastructure needed to complete a project without prejudice to any decision taken in the context of an administrative appeal procedure ;


### by &#8230 ; , each member state shall designate one single competent authority which shall be responsible for facilitating the permit granting process including for making the comprehensive decision . ### by [ . . . ] and in any event no later than 31 december 2020 , each member state shall designate one single competent authority which shall be responsible for facilitating the permit granting process and the management and implementation of projects of common interest , including for making the comprehensive decision .


### the project promoter shall submit the application file based on the detailed application outline within the period of 21 months from the receipt of that detailed application outline . after the expiry of that period , the detailed application outline is no longer considered applicable , unless the single competent authority decides to prolong that period , on the basis of a justified request from the project promoter . ### the project promoter shall submit the application file based on the detailed application outline within the period of 15 months from the receipt of that detailed application outline . after the expiry of that period , the detailed application outline is no longer considered applicable , unless the single competent authority decides to prolong that period , no longer than 3 months , on the basis of a justified request from the project promoter .


### this regulation sets out requirements applicable to the administrative procedures followed by the competent authorities of member states in relation to the authorisation and implementation of all projects of common interest on the core network of the trans - european transport network . . ### this regulation sets out requirements applicable to the administrative procedures followed by the competent authorities of member states in relation to the authorisation and implementation of projects of common interest on the pre - selected sections in part iii of the annex to regulation [ xxx ] establishing the connecting europe facility and repealing regulations no 1316 / 2013 and no 283 / 2014 .


### cross - border ten - t infrastructure projects face particular challenges as regards the coordination of permit granting procedures . the european coordinators should be empowered to monitor these procedures and facilitate their synchronisation and completion . ### cross - border ten - t infrastructure projects face particular challenges as regards the coordination of permit granting procedures . in order to avoid delays in the cross - border implementation of these projects , the european coordinators , assisted by local and regional authorities , are empowered to monitor these procedures and to facilitate their synchronisation and completion , strengthening executive cooperation and building on interreg projects on sustainable mobility in cross - border areas .


### cross - border ten - t infrastructure projects face particular challenges as regards the coordination of permit granting procedures . the european coordinators should be empowered to monitor these procedures and facilitate their synchronisation and completion . ### cross - border ten - t infrastructure projects face particular challenges as regards the coordination of permit granting procedures . the european coordinators should be empowered to monitor these procedures and facilitate their synchronisation and completion in good time , respecting the deadline set in this regulation .


### the pre - application phase , covering the period from the start of the permit granting procedure to the submission of the complete application file to the single competent authority , shall in principle not exceed two years . ### the pre - application phase , covering the period from the start of the permit granting procedure to the submission of the complete application file to the single competent authority , shall in principle not exceed 18 months .


### the responsibility of the single competent authority referred to in paragraph 1 and / or the tasks related to it may be delegated to , or carried out by , another authority at the appropriate administrative level , per project of common interest or per particular category of projects of common interest , under the following conditions : ### the responsibility of the single competent authority referred to in paragraph 1 and / or the tasks related to it may be delegated to , or carried out by , another authority at the appropriate regional , local or other administrative level , per project of common interest or per particular category of projects of common interest , under the following conditions :


### in order to launch the permit granting procedure , the project promoter shall notify the single competent authority of the member states concerned about the project in writing , and shall include a detailed description of the project . no later than two months following the receipt of the above notification , the single competent authority shall either acknowledge it or , if it considers that the project is not mature enough to enter the permit granting procedure , reject the notification in writing . if the single competent authority decides to reject the notification , it shall justify its decision . the date of signature of the acknowledgement of the notification by the competent authority shall serve as the start of the permit granting procedure . if two or more member states are concerned , the date of the acceptance of the last notification by the competent authority concerned shall serve as the date of the start of the permit granting procedure . ### in order to launch the permit granting procedure , the project promoter shall notify the single competent authority of the member states concerned about the project in writing , and shall include a detailed description of the project . no later than one month following the receipt of the above notification , the single competent authority shall either acknowledge it or , if it considers that the project is not mature enough to enter the permit granting procedure , reject the notification in writing . if the single competent authority decides to reject the notification , it shall justify its decision . the date of signature of the acknowledgement of the notification by the competent authority shall serve as the start of the permit granting procedure . if two or more member states are concerned , the date of the acceptance of the last notification by the competent authority concerned shall serve as the date of the start of the permit granting procedure .


### regulation no 1315 / 2013 of the european parliament and of the council22 sets out a common framework for the creation of state - of - the - art , interoperable networks for the development of the internal market . the trans - european transport networks have a dual layer structure : the comprehensive network ensures connectivity of all regions of the union whereas the core network consists of those elements of the network which are of the highest strategic importance for the union . regulation no 1315 / 2013 defines binding completion targets for implementation , with the core network to be completed by 2030 and the comprehensive network by 2050 . _________________ 22regulation no 1315 / 2013 of the european parliament and of the council of 11 december 2013 on union guidelines for the development of the trans - european transport network and repealing decision no 661 / 2010 / eu . ### regulation no 1315 / 2013 of the european parliament and of the council22 sets out a common framework for the creation of state - of - the - art , interoperable networks for the development of the internal market and for the social , economic and territorial cohesion of the union . the trans - european transport networks have a dual layer structure : the comprehensive network ensures connectivity of all regions of the union , as well as the necessary distribution channels to supply the basic network , whereas the core network consists of those elements of the network which are also of the highest strategic importance for the eu and should accordingly should serve as cross - border and multimodal accelerators for a single european transport and mobility area . regulation no 1315 / 2013 defines binding completion targets for implementation , with the core network to be completed by 2030 and the comprehensive network by 2050 . furthermore , regulation no 1315 / 2013 focuses on cross - border connections that will improve interoperability between the different modes of transport and contribute to the multimodal integration of union transport . _________________ 22regulation no 1315 / 2013 of the european parliament and of the council of 11 december 2013 on union guidelines for the development of the trans - european transport network and repealing decision no 661 / 2010 / eu .


### notwithstanding the necessity and binding timelines , experience has shown that many investments aiming to complete the ten - t are confronted with complex permit granting procedures , cross - border procurement procedures and other procedures . this situation jeopardises the on time implementation of projects and in many cases results in significant delays and increased costs . in order to address these issues and make synchronised ten - t completion possible , harmonised action is necessary at union level . ### notwithstanding the necessity and binding timelines , experience has shown that many investments aiming to complete the ten - t are confronted with bureaucratic workload , unclear and complex permit granting procedures , cross - border procurement procedures and other procedures . this situation jeopardises the on time implementation of projects and in many cases results in significant delays and increased costs , while it discourages new competitors to take part in the tender processes ; many times it can also lead to projects being abandoned in the middle of the process . given that the creation of a single european transport area was confirmed as the ultimate objective of the 2011 white paper on transport and in order to address these issues and make synchronised ten - t completion possible , within the deadline set out in the regulation no 1315 / 2013 of the european parliament and of the council , harmonised actions at union level are required .


### each project of common interest on the ten - t core network shall be subject to an integrated permit granting procedure managed by a single competent authority designated by each member state in accordance with articles 5 and 6 . ### each project of common interest on the pre - selected sections in part iii of the annex to regulation establishing the connecting europe facility shall be subject to an integrated permit granting procedure managed by a single competent authority designated by each member state in accordance with articles 5 and 6 .


### this regulation sets out requirements applicable to the administrative procedures followed by the competent authorities of member states in relation to the authorisation and implementation of all projects of common interest on the core network of the trans - european transport network . ### this regulation establishes the requirements applicable to the administrative procedure followed by the competent authorities of the member states in relation to the authorisation and implementation of all projects of common interest on the trans - european transport network relating to regulation no 1315 / 2013 and directly linked to the pre - selected projects listed in part iii of the annex to the regulation establishing the ‘ connecting europe facility’ 2021 - 2027 438 ) .


### to ensure efficient administrative procedures related to projects of common interest , project promoters and all authorities concerned shall ensure that the most rapid treatment legally possible is given to these projects , including as regards the resources allocated . ### to ensure efficient and effective administrative procedures related to projects of common interest , project promoters and all authorities concerned shall ensure that these projects are processed within an optimum legal timeframe , including as regards the resources allocated .


### the responsibility of the single competent authority referred to in paragraph 1 and / or the tasks related to it may be delegated to , or carried out by , another authority at the appropriate administrative level , per project of common interest or per particular category of projects of common interest , under the following conditions : ### the responsibility of the single competent authority referred to in paragraph 1 and / or the tasks related to it may be delegated to another authority for carrying - out at the appropriate administrative level , per project of common interest or per particular category of projects of common interest , under the following conditions :


### notwithstanding the necessity and binding timelines , experience has shown that many investments aiming to complete the ten - t are confronted with complex permit granting procedures , cross - border procurement procedures and other procedures . this situation jeopardises the on time implementation of projects and in many cases results in significant delays and increased costs . in order to address these issues and make synchronised ten - t completion possible , , harmonised action is necessary at union level . ### notwithstanding the necessity and binding timelines , experience has shown that many investments aiming to complete the ten - t are confronted with complex and varied permit - granting procedures , cross - border procurement procedures and other procedures . this situation jeopardises the on time implementation of projects and in many cases results in significant delays and increased costs . in order to address these issues and make synchronised ten - t completion possible , , harmonised action is necessary at union level .


### in the legal frameworks of many member states priority treatment is given to certain project categories based on their strategic importance for the economy . priority treatment is characterised by shorter timelines , simultaneous procedures or limited timeframes for appeals while ensuring that the objectives of other horizontal policies are also reached . when such a framework exists within a national legal framework , it should automatically apply to union projects recognised as projects of common interest under regulation no 1315 / 2013 . ### in the legal frameworks of many member states priority treatment is given to certain project categories based on their strategic importance for the territorial , economic and social cohesion of the union and measures to combat climate change . priority treatment is characterised by shorter timelines , simultaneous procedures or limited timeframes for appeals while ensuring that the objectives of other horizontal policies are also reached . when such a framework exists within a national legal framework , it should automatically apply to union projects recognised as projects of common interest under regulation no 1315 / 2013 . where such a framework does not exist , member states should give priority to the harmonisation of administrative procedures for the issuing of permits and project implementation or , where appropriate , take the necessary steps to facilitate the creation of a joint management entity .


### the european coordinator referred to in article 45 of regulation ² no 1315 / 2013 shall be empowered to closely follow the permit granting procedure for cross - border projects of common interest and to facilitate contacts between the involved competent authorities . ### the european coordinator referred to in article 45 of regulation ² no 1315 / 2013 shall be empowered to follow the permit granting procedure for cross - border projects of common interest and to facilitate contacts between the involved competent authorities .


### in order to meet the time limits set out in article 6 and reduce the administrative burden related to the completion of projects of common interest , all the administrative procedures resulting from the applicable law , both national and of the union , shall be integrated and result in only one comprehensive decision . ### in order to meet the time limits set out in article 6 and reduce the administrative burden related to the completion of projects of common interest , all the administrative procedures resulting from the applicable law , including the relevant environmental assessments , both at national and union level , shall be integrated and result in only one comprehensive decision .


### the european coordinator referred to in article 45 of regulation ² no 1315 / 2013 shall be empowered to closely follow the permit granting procedure for cross - border projects of common interest and to facilitate contacts between the involved competent authorities . ### the european coordinator referred to in article 45 of regulation ² no 1315 / 2013 and hence the commission shall be empowered to follow the permit granting procedure for cross - border projects of common interest , facilitate their synchronisation and cooperate to facilitate contacts between the involved competent authorities . if a joint management entity is established , the role of the coordinator shall be to promote and consolidate the common european interest .


### ' cram - down of dissenting creditors ' means the confirmation by a judicial or administrative authority of a restructuring plan that has the support of a majority in value of creditors or a majority in value in each and every class of creditors over the dissent of a minority of creditors or the dissent of a minority of creditors within each class ; ### ‘ cram - down of dissenting creditors ' means the confirmation by a judicial or administrative authority of a restructuring plan that has the support of a majority in value of creditors or a majority in value in each and every class of creditors , or whose transfer price is not enough to pay all the creditors in full , over the dissent of a minority of creditors or the dissent of a minority of creditors within each class or the dissent of the creditors who do not receive full payment of their claims ;


### interested affected parties should have the possibility to appeal a decision on the confirmation of a restructuring plan . however , in order to ensure the effectiveness of the plan , to reduce uncertainty and to avoid unjustifiable delays , appeals should not have suspensive effects on the implementation of a restructuring plan . where it is established that minority creditors have suffered unjustifiable detriment under the plan , member states should consider , as an alternative to setting aside the plan , the provision of monetary compensation to the respective dissenting creditors payable by the debtor or the creditors who voted in favour of the plan . ### interested affected parties should have the possibility to appeal a decision on the confirmation of a restructuring plan . however , in order to ensure the effectiveness of the restructuring plan , to reduce uncertainty and to avoid unjustifiable delays , appeals should not have suspensive effects on the implementation of a restructuring plan . where it is established that minority creditors have suffered unjustifiable detriment under the plan , member states should consider , as an alternative to setting aside the restructuring plan , the provision of monetary compensation to the respective dissenting creditors payable by the debtor or the creditors who voted in favour of the plan .


### in particular small and medium sized enterprises should benefit from a more coherent approach at union level , since they do not have the necessary resources to cope with high restructuring costs and to take advantage of the more efficient restructuring procedures in some member states . small and medium enterprises , especially when facing financial difficulties , often do not have the resources to hire professional advice , therefore early warning tools should be put in place to alert debtors to the urgency to act . in order to help such enterprises restructure at low cost , model restructuring plans should also be developed nationally and made available online . debtors should be able to use and adapt them to their own needs and to the specificities of their business . ### in particular small and medium sized enterprises should benefit from a coherent approach at union level , since they do not have the necessary resources to cope with high restructuring costs and to take advantage of the restructuring procedures in some member states , which have proved to be efficient . small and medium enterprises , especially when facing financial difficulties , as well as workers representatives , often do not have the resources to hire professional advice , therefore early warning tools should be put in place to alert debtors to the urgency to act . in order to help such enterprises restructure at low cost , model restructuring plans should also be developed nationally and made available online . debtors should be able to use and adapt them to their own needs and to the specificities of their business .


### in many member states it takes more than three years for bankrupt , but honest entrepreneurs to discharge their debts and make a fresh start . inefficient second chance frameworks result in entrepreneurs having to relocate in other jurisdictions in order to benefit from a fresh start in a reasonable period of time , at considerable additional costs to both their creditors and the debtors themselves . long disqualification orders which often accompany a procedure leading to discharge create obstacles to the freedom to take up and pursue a self - employed , entrepreneurial activity . ### in many member states it takes more than three years for bankrupt , but honest entrepreneurs or honest over - indebted consumers who are not entrepreneurs to discharge their debts and make a fresh start . inefficient second chance frameworks result in entrepreneurs having to relocate in other jurisdictions in order to benefit from a fresh start in a reasonable period of time , or consumers who are not entrepreneurs frequently being thrown into poverty and exclusion or facing living and subsistence conditions that are a violation of human rights and the right to maintain decent living standards . this all comes at considerable additional costs to both their creditors and the debtors themselves , and for society as a whole . long disqualification orders or eviction which often accompany a procedure leading to discharge create obstacles to the freedom to take up and pursue a self - employed , entrepreneurial activity and violate people’s dignity .


### member states may stipulate that a vote on the adoption of a restructuring plan takes the form of a consultation and agreement of a requisite majority of affected parties in each class . ### member states may stipulate that a vote on the adoption of a restructuring plan takes the form of a consultation and agreement of a requisite majority of affected parties in each class . in the workers’ class this vote shall be held in compliance with national laws .


### the additional risk - assessment and cross - border enforcement costs for creditors of over - indebted entrepreneurs who relocate to another member state in order to obtain a second chance in a much shorter period of time should also be removed . the additional costs for entrepreneurs stemming from the need to relocate to another member state in order to benefit from a second chance should also be reduced . furthermore , the obstacles stemming from long disqualification orders linked to an entrepreneur ' over - indebtedness suppresses entrepreneurship . ### the additional risk - assessment and cross - border enforcement costs for creditors of over - indebted entrepreneurs who relocate to another member state in order to obtain a second chance in a much shorter period of time should also be removed . the additional costs for entrepreneurs stemming from the need to relocate to another member state in order to benefit from a second chance should also be reduced . furthermore , the obstacles stemming from long disqualification orders linked to an entrepreneur ' s over - indebtedness stifles entrepreneurship .


### the additional risk - assessment and cross - border enforcement costs for creditors of over - indebted entrepreneurs who relocate to another member state in order to obtain a second chance in a much shorter period of time should also be removed . the additional costs for entrepreneurs stemming from the need to relocate to another member state in order to benefit from a second chance should also be reduced . furthermore , the obstacles stemming from long disqualification orders linked to an entrepreneur ' over - indebtedness suppresses entrepreneurship . ### the additional risk - assessment and cross - border enforcement costs for creditors of over - indebted entrepreneurs who relocate to another member state in order to obtain a second chance in a much shorter period of time should also be removed . the additional costs for entrepreneurs stemming from the need to relocate to another member state in order to benefit from a second chance should also be reduced . this would likewise reduce the alarming costs for society of the spectacular rise in poverty and exclusion , as well as use of the black economy , resulting from unresolved over - indebtedness among individuals and families who daily face eviction or lack of access to basic goods and services , which generates a pocket of marginalisation that is not only unjust but also unproductive and counter - productive in terms of economic efficiency . furthermore , the obstacles stemming from long disqualification orders linked to an entrepreneur ' s over - indebtedness , or eviction and the cutting - off of supplies linked to the over - indebtedness of natural persons who are not entrepreneurs , suppresses entrepreneurship and fosters the unproductive exclusion of citizens , in a way that is not only unjust but also inefficient .


### member states shall ensure that , where there is likelihood of insolvency , debtors in financial difficulty have access to an effective preventive restructuring framework that enables them to restructure their debts or business , restore their viability and avoid insolvency . 2 . preventive restructuring frameworks may consist of one or more procedures or measures . 3 . member states shall put in place provisions limiting the involvement of a judicial or administrative authority to where it is necessary and proportionate so that rights of any affected parties are safeguarded . 4 . preventive restructuring frameworks shall be available on the application by debtors , or by creditors with the agreement of debtors . ### member states shall ensure that , where there is likelihood of insolvency , debtors in financial difficulty have access to an effective preventive restructuring framework that enables them to restructure their debts or business , restore their viability or arrange for sustainable management by another undertaking and avoid insolvency or find a solution that is more satisfactory than liquidation of assets to help pay off creditors claims , protect jobs and sustain business activity . 2 . preventive restructuring frameworks may consist of one or more procedures or measures , duly negotiated and consulted with workers’ representatives if any , who shall retain all rights of collective bargaining and industrial action . it shall also provide for procedures or measures destined to the recovery of the indebted firm by workers , according to the relevant national law . 3 . member states shall put in place provisions limiting the involvement of a judicial or administrative authority to where it is necessary and proportionate , while ensuring that rights of any affected parties are safeguarded . 4 . preventive restructuring frameworks shall be available on the application by debtors , by workers or by other creditors with the agreement of debtors .


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


### in particular small and medium sized enterprises should benefit from a more coherent approach at union level , since they do not have the necessary resources to cope with high restructuring costs and to take advantage of the more efficient restructuring procedures in some member states . small and medium enterprises , especially when facing financial difficulties , often do not have the resources to hire professional advice , therefore early warning tools should be put in place to alert debtors to the urgency to act . in order to help such enterprises restructure at low cost , model restructuring plans should also be developed nationally and made available online . debtors should be able to use and adapt them to their own needs and to the specificities of their business . ### in particular small and medium sized enterprises should benefit from a coherent approach at union level , since they do not have the necessary resources to cope with high restructuring costs and to take advantage of the restructuring procedures in some member states , which have proved to be efficient . small and medium enterprises , especially when facing financial difficulties , often do not have the resources to hire professional advice , therefore early warning tools should be put in place to alert debtors to the urgency to act . in order to help such enterprises restructure at low cost , model restructuring plans should also be developed nationally and made available online . debtors should be able to use and adapt them to their own needs and to the specificities of their business .


### 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 , 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 . 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 .


### all these differences translate into additional costs for investors when assessing the risks of debtors entering financial difficulties in one or more member states and the costs of restructuring companies having establishments , creditors or assets in other member states , such as is most clearly the case of restructuring international groups of companies . many investors mention uncertainty about insolvency rules or the risk of lengthy or complex insolvency procedures in another country as a main reason for not investing or not entering into a business relationship with a counterpart outside their own country . ### all these differences translate into additional costs for investors or banks when assessing the risks of debtors entering financial difficulties in one or more member states or when assessing the risks associated with taking over viable operations run by undertakings in difficulty and the costs of restructuring companies having establishments , creditors or assets in other member states , such as is most clearly the case of restructuring international groups of companies . many investors mention uncertainty about insolvency rules or the risk of lengthy or complex insolvency procedures in another country as a main reason for not investing or not entering into a business relationship with a counterpart outside their own country .


### to promote efficiency and reduce delays and costs , national preventive restructuring frameworks should include flexible procedures limiting the involvement of judicial or administrative authorities to where it is necessary and proportionate in order to safeguard the interests of creditors and other interested parties likely to be affected . to avoid unnecessary costs and reflect the early nature of the procedure , debtors should in principle be left in control of their assets and the day - to - day operation of their business . the appointment of a restructuring practitioner , whether a mediator supporting the negotiations of a restructuring plan or an insolvency practitioner supervising the actions of the debtor , should not be mandatory in every case , but made on a case - by - case basis depending on the circumstances of the case or on the debtor ' s specific needs . furthermore , there should not necessarily be a court order for the opening of the restructuring process which may be informal as long as the rights of third parties are not affected . nevertheless , a degree of supervision should be ensured when this is necessary to safeguard the legitimate interests of one or more creditors or another interested party . this may be the case , in particular , when a general stay of individual enforcement actions is granted by the judicial or administrative authority or where it appears necessary to impose a restructuring plan on dissenting classes of creditors . ### to promote efficiency and reduce delays and costs , national preventive restructuring frameworks should include flexible procedures limiting the involvement of judicial or administrative authorities to where it is necessary and proportionate in order to safeguard the interests of creditors and other interested parties likely to be affected . to avoid unnecessary costs and reflect the early nature of the procedure , debtors should in principle be left in control of their assets or property and the day - to - day operation of their business or , as appropriate , access to minimum services and goods that guarantee that they can live a decent life . the appointment of a restructuring practitioner , whether a mediator supporting the negotiations of a restructuring plan or an insolvency practitioner supervising the actions of the debtor , should not be mandatory in every case , but made on a case - by - case basis depending on the circumstances of the case or on the debtor ' s specific needs . furthermore , there should not necessarily be a court order for the opening of the restructuring process which may be informal as long as the rights of third parties are not affected . nevertheless , a degree of supervision should be ensured when this is necessary to safeguard the legitimate interests of one or more creditors or another interested party . this may be the case , in particular , when a general stay of individual enforcement actions is granted by the judicial or administrative authority or where it appears necessary to impose a restructuring plan on dissenting classes of creditors .


### 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 parties affected by a waiver plan 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 , where there is likelihood of insolvency , debtors in financial difficulty have access to an effective preventive restructuring framework that enables them to restructure their debts or business , restore their viability and avoid insolvency . ### member states shall ensure that , where there is likelihood of insolvency , debtors in financial difficulty have access to an effective preventive restructuring framework that enables them to restructure their debts or business , restore their viability or arrange for sustainable management by another undertaking and avoid insolvency or find a solution that is more satisfactory than liquidation of assets to help pay off creditors claims , protect jobs and sustain business activity .


### a restructuring plan shall be deemed to be adopted by affected parties , provided that a majority in the amount of their claims or interests is obtained in each and every class . member states shall lay down the required majorities for the adoption of a restructuring plan , which shall be in any case not higher than 75% in the amount of claims or interests in each class . ### a restructuring plan shall be deemed to be adopted by affected parties , provided that a majority in the amount of their claims or interests is obtained in each and every class . member states shall lay down the required majorities for the adoption of a restructuring plan , which shall be in any case not higher than 75% in the amount of claims or interests in each class . a sale plan shall be authorised by the competent jurisdiction under the national procedure allowing the sale to be authorised and effected .


### berec should be independent as regards operational and technical matters and should enjoy legal , administrative and financial autonomy . to that end , it is necessary and appropriate that berec should be a body of the union having legal personality and exercising the powers conferred upon it . ### berec should be independent as regards operational and technical matters and should enjoy legal , administrative and financial autonomy . to that end , it is necessary and appropriate that berec should be a body of the union having legal personality and exercising the powers conferred upon it . berec should be legally distinct and functionally independent from the industry and government in that it neither seeks nor takes instructions from any third party , it operates in a transparent and accountable manner as set out in a law and it has sufficient powers .


### when the anticipated or the effective duration of posting exceeds twenty - four months , the member state to whose territory a worker is posted shall be deemed to be the country in which his or her work is habitually carried out . ### when the effective duration of posting exceeds six months , or when the posting is not considered to be genuine under directive 2014 / 67 / eu , the terms and conditions of employment of the member state to whose territory a worker is posted and where the service is provided shall apply as long as they are more favourable for the worker than those pursuant to the law under which the individual employment contract was agreed .


### almost twenty years after its adoption , it is necessary to assess whether the posting of workers directive still strikes the right balance between the need to promote the freedom to provide services and the need to protect the rights of posted workers . ### almost twenty years after its adoption , it is necessary to assess whether the posting of workers directive still strikes the right balance between the need to promote the freedom to provide services and the need to protect the rights of posted workers . it is also necessary to create a european information portal in all languages of the member states to explain the relevant legislation , national differences and further action to be taken by placement services , possible beneficiaries and workers .


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


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


### in view of the long duration of certain posting assignments , it is necessary to provide that , in case of posting lasting for periods higher than 24 months , the host member state is deemed to be the country in which the work is carried out . in accordance with the principle of rome i regulation , the law of the host member sates therefore applies to the employment contract of such posted workers if no other choice of law was made by the parties . in case a different choice was made , it cannot , however , have the result of depriving the employee of the protection afforded to him by provisions that cannot be derogated from by agreement under the law of the host member state . this should apply from the start of the posting assignment whenever it is envisaged for more than 24 months and from the first day subsequent to the 24 months when it effectively exceeds this duration . this rule does not affect the right of undertakings posting workers to the territory of another member state to invoke the freedom to provide services in circumstances also where the posting exceeds 24 months . the purpose is merely to create legal certainty in the application of the rome i regulation to a specific situation , without amending that regulation in any way . the employee will in particular enjoy the protection and benefits pursuant to the rome i regulation . ### in view of the long duration of certain posting assignments , it is necessary to provide that , in case of posting lasting for periods higher than 6 months , the applicable terms and conditions of employment should be those established by the host member state , without prejudice to more favourable terms and conditions of employment afforded to the worker under provisions from which the parties cannot derogate by agreement under the national law which would have applied otherwise . this rule does not affect the right of undertakings posting workers to the territory of another member state to invoke the freedom to provide services .