### in order to get access to the data opened for re - use by this directive , the use of suitable and well - designed application programming interfaces is needed . an api describes the kind of data can be retrieved , how to do this and the format in which the data will be received . it has different levels of complexity and can mean a simple link to a database to retrieve specific datasets , a web interface , or more complex set - ups . there is general value in re - using and sharing data via a suitable use of apis as this will help developers and start - ups to create new services and products . it is also a crucial ingredient of creating valuable ecosystems around data assets that are often unused . the set - up and use of api needs to be based on several principles : stability , maintenance over lifecycle , uniformity of use and standards , user - friendliness as well as security . for dynamic data , meaning frequently updated data , often in real time , public sector bodies and public undertakings shall make this available for re - use immediately after collection by ways of suitable apis . ### in order to get access to the data opened for re - use by this directive , it is necessary to ensure access to dynamic data through application programming interfaces . an api describes the kind of data can be retrieved , how to do this and the format in which the data will be received . it has different levels of complexity and can mean a simple link to a database to retrieve specific datasets , a web interface , or more complex set - ups . there is general value in re - using and sharing data via a suitable use of apis as this will help developers and start - ups to create new services and products . it is also a crucial ingredient of creating valuable ecosystems around data assets whose potential remains largely unused by the data owners . the set - up and use of api needs to be based on several principles : stability , maintenance over lifecycle , uniformity of use and standards , user - friendliness as well as security . for dynamic data , meaning frequently updated data , often in real time , public sector bodies and public undertakings shall make this available for re - use immediately after collection by ways of suitable apis .


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


### re - use of documents shall be free of charge or limited to the marginal costs incurred for their reproduction , provision and dissemination , and &#8211 ; where applicable &#8211 ; anonymisation of personal data and measures taken to protect commercially confidential information . ### re - use of documents may be free of charge . however , member states may provide that the marginal costs incurred for their reproduction , provision and dissemination , storage , and &#8211 ; where applicable &#8211 ; anonymisation of personal data and measures taken to protect commercially confidential information are recovered .


### in the cases referred to in points and of paragraph 2 , the total charges shall be calculated according to objective , transparent and verifiable criteria to be laid down by the member states . the total income from supplying and allowing re - use of documents over the appropriate accounting period shall not exceed the cost of collection , production , reproduction and dissemination , and – where applicable – anonymisation of personal data and measures taken to protect commercially confidential information , together with a reasonable return on investment . charges shall be calculated in line with the applicable accounting principles . ### in the cases referred to in points and of paragraph 2 , the total charges shall be calculated according to objective , transparent and verifiable criteria to be laid down by the member states . the total income from supplying and allowing re - use of documents over the appropriate accounting period shall not exceed the cost of collection , production , storage , reproduction and dissemination , and – where applicable – anonymisation of personal data and measures taken to protect commercially confidential information , together with a reasonable return on investment . charges shall be calculated in line with the applicable accounting principles .


### member states shall make practical arrangements facilitating the search for documents available for re - use , such as asset lists of main documents with relevant metadata , accessible where possible and appropriate online and in machine - readable format , and portal sites that are linked to the asset lists . where possible member states shall facilitate the cross - linguistic search for documents . ### member states shall make practical arrangements facilitating the search for documents available for re - use , such as asset lists of main documents with relevant metadata , accessible where possible and appropriate online and in machine - readable format , and portal sites that are linked to the asset lists and authentication tools . where possible member states shall facilitate the cross - linguistic search for documents .


### the re - use of documents shall be open to all potential actors in the market , even if one or more market actors already exploit added - value products based on these documents . contracts or other arrangements between the public sector bodies or public undertakings holding the documents and third parties shall not grant exclusive rights . ### the re - use of documents shall be open to all potential actors in the market , even if one or more market actors already exploit added - value products based on these documents . contracts or other arrangements between the public sector bodies or public undertakings holding the documents and third parties shall not grant exclusive rights nor any preferential use of the data .


### with a view to achieving the objectives of this directive , the commission shall adopt the list of high value datasets among the documents to which this directive applies , together with the modalities of their publication and re - use . ### with a view to achieving the objectives of this directive , a list of categories for high value datasets is set out in annex iia . the commission shall adopt the list of high value datasets from the categories together with the modalities of their publication and re - use .


### the power to adopt delegated acts referred to in article 13 shall be conferred on the commission for a period of five years from [ date of entry into force of the directive ] . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period . ### the power to adopt implementing acts referred to in article 13 shall be conferred on the commission for a period of five years from [ date of entry into force of the directive ] . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period . in preparing implementing acts , rights to participate in decision - making shall be respected and the financial and human resources required for the effective exercise of such rights shall be provided ; the european social partners shall be involved in the preparatory process .


### the evaluation shall in particular address the scope and impact of this directive , including the extent of the increase in re - use of public sector documents to which this directive applies , the effects of the principles applied to charging and the re - use of official texts of a legislative and administrative nature , the re - use of documents held by other entities than public sector bodies , the interaction between data protection rules and re - use possibilities , as well as further possibilities of improving the proper functioning of the internal market and the development of the european data economy . ### the evaluation shall in particular address the scope and impact of this directive , including the extent of the increase in re - use of public sector documents to which this directive applies , the effects of the principles applied to charging and the re - use of official texts of a legislative and administrative nature , the re - use of documents held by other entities than public sector bodies , the extension of the access request provisions of this directive to public undertakings the interaction between data protection rules and re - use possibilities , as well as further possibilities of improving the proper functioning of the internal market and the development of the european data economy .


### the objective of this directive is to remove obstacles to the exercise of fundamental freedoms , such as the free movement of capital and freedom of establishment , which result from differences between national laws and procedures on preventive restructuring , insolvency and second chance . this directive aims at removing such obstacles by ensuring that viable enterprises in financial difficulties have access to effective national preventive restructuring frameworks which enable them to continue operating ; that honest over indebted entrepreneurs have a second chance after a full discharge of debt after a reasonable period of time ; and that the effectiveness of restructuring , insolvency and discharge procedures is improved , in particular with a view to shortening their length . ### the objective of this directive is to remove obstacles to the exercise of fundamental freedoms , such as the free movement of capital and freedom of establishment , which result from differences between national laws and procedures on preventive restructuring , insolvency and second chance . this directive aims at removing such obstacles by ensuring that viable enterprises in financial difficulties have access to effective national preventive restructuring frameworks which enable them to continue operating while contributing as fully as they would in the event of liquidation to satisfying the creditors ' claims ; that honest over indebted entrepreneurs have a second chance after a full discharge of debt after a reasonable period of time ; and that the effectiveness of restructuring , insolvency and discharge procedures is improved , in particular with a view to shortening their length . preventive solutions , sometimes called ' pre - pack ' , are a feature of a growing trend in modern insolvency law towards favouring approaches which , unlike the traditional approach of liquidating a business which is in crisis , have the aim of restoring it to health or at least salvaging those of its units that are still economically viable . that practice is praiseworthy and often helps to preserve jobs .


### 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 .


### 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 .


### regulation 2015 / 848 of the european parliament and of the council62 deals with issues of jurisdiction , recognition and enforcement , applicable law and cooperation in cross - border insolvency proceedings as well as with the interconnection of insolvency registers . its scope covers preventive procedures which promote the rescue of an economically viable debtor as well as procedures which give a second chance to entrepreneurs . however , regulation 2015 / 848 does not tackle the discrepancies between those procedures in national law . furthermore , an instrument limited to cross - border insolvencies only would not remove all obstacles to free movement , nor would it be feasible for investors to determine in advance the cross - border or domestic nature of the future potential financial difficulties of the debtor . there is a need therefore to go beyond matters of judicial cooperation and to establish substantive minimum standards . _________________ 62 regulation 2015 / 848 of the european parliament and of the council of 20 may 2015 on insolvency proceedings . ### regulation 2015 / 848 of the european parliament and of the council62 deals with issues of jurisdiction , recognition and enforcement , applicable law and cooperation in cross - border insolvency proceedings as well as with the interconnection of insolvency registers . its scope covers preventive procedures initiated by a public decision which promote the rescue of an economically viable debtor as well as procedures which give a second chance to entrepreneurs . however , regulation 2015 / 848 does not tackle the discrepancies between those procedures in national law and does not concern confidential procedures . furthermore , an instrument limited to cross - border insolvencies only would not remove all obstacles to free movement , nor would it be feasible for investors to determine in advance the cross - border or domestic nature of the future potential financial difficulties of the debtor . there is a need therefore to go beyond matters of judicial cooperation and to establish substantive minimum standards . _________________ 62 regulation 2015 / 848 of the european parliament and of the council of 20 may 2015 on insolvency proceedings .


### it is necessary to lower the costs of restructuring for both debtors and creditors . therefore the differences which hamper the early restructuring of viable enterprises in financial difficulties and the possibility of a second chance for honest entrepreneurs should be reduced . that should bring greater transparency , legal certainty and predictability in the union . also , it should maximise the returns to all types of creditors and investors and encourage cross - border investment . greater coherence should also facilitate the restructuring of groups of companies irrespective of where the members of the group are located in the union . ### it is necessary to lower the costs of restructuring for both debtors and creditors , who often bear those costs indirectly because of the reduction of their reimbursement . therefore the differences which hamper the early restructuring of viable enterprises in financial difficulties and the possibility of a second chance for honest entrepreneurs should be reduced . that should bring greater transparency , legal certainty and predictability in the union . also , it should maximise the returns to all types of creditors and investors and encourage cross - border investment . greater coherence should also facilitate the restructuring of groups of companies irrespective of where the members of the group are located in the union .


### removing the barriers to effective restructuring of viable enterprises in financial difficulties contributes to minimising job losses , losses for creditors in the supply chain , preserves know - how and skills and hence benefits the wider economy . facilitating a second chance for entrepreneurs avoids their exclusion from the labour market and enables them to restart entrepreneurial activities , drawing lessons from past experience . finally , reducing the length of restructuring procedures would result in higher recovery rates for creditors as the passing of time would normally only result in a further loss of value for the enterprise . moreover , efficient insolvency frameworks would enable a better assessment of the risks involved in lending and borrowing decisions and smooth the adjustment for over - indebted enterprises , minimizing the economic and social costs involved in their deleveraging process . ### removing the barriers to effective restructuring of viable enterprises in financial difficulties contributes to minimising job losses , losses for creditors in the supply chain , preserves know - how and skills and hence benefits the wider economy . in order to attain that objective and to preserve employment and operations , it is necessary to enable these procedures to be conducted in whole or in part in a confidential framework , which in particular requires the rights of workers to be better specified . facilitating a second chance for entrepreneurs avoids their exclusion from the labour market and enables them to restart entrepreneurial activities , drawing lessons from past experience . finally , reducing the length of restructuring procedures would result in higher recovery rates for creditors as the passing of time would normally only result in a further loss of value for the enterprise . moreover , efficient insolvency frameworks would enable a better assessment of the risks involved in lending and borrowing decisions and smooth the adjustment for over - indebted enterprises , minimizing the economic and social costs involved in their deleveraging process .


### 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 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 , confidential procedures which minimise loss of value , jobs and creditors’ dividends should be possible . 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 . it should be possible for the debtor to find ad hoc and special solutions with third parties or creditors , either by reducing debts to all or most of the creditors or by surrendering whatever operations are viable , contributing to the satisfaction of creditors’ claims better than by means of the liquidation of assets , while preserving as many jobs as possible .


### 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 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 or where all or part of the business is transferred to another undertaking .


### throughout the preventive restructuring procedures , workers should enjoy full labour law protection . in particular , this directive is without prejudice to workers ' rights guaranteed by council directive 98 / 59 / ec68 , council directive 2001 / 23 / ec69 , directive 2002 / 14ec of the european parliament and of the council70 , directive 2008 / 94 / ec of the european parliament and of the council71 and directive 2009 / 38 / ec of the european parliament and of the council72 . the obligations concerning the information and consultation of workers under national law implementing the above - mentioned directives remain fully intact . this includes obligations to inform and consult workers ' representatives on the decision to have recourse to a preventive restructuring framework in accordance with directive 2002 / 14 / ec . given the need to ensure an appropriate level of protection of workers , member states should in principle exempt workers ' outstanding claims , as defined in directive 2008 / 94 / ec , from any stay of enforcement irrespective of the question whether these claims arise before or after the stay is granted . such a stay should be permissible only for the amounts and for the period that the payment of such claims is effectively guaranteed by other means under national law . where member states extend the cover of the guarantee of payment of workers ' outstanding claims established by directive 2008 / 94 / ec to preventive restructuring procedures set up by this directive , the exemption of workers ' claims from the stay of enforcement is no longer justified to the extent covered by that guarantee . where under national law there are limitations to the liability of guarantee institutions , either in terms of the length of the guarantee or the amount paid to workers , workers should be able to enforce their claims for any shortfall against the employer even during the stay of enforcement period . _________________ 68 council directive 98 / 59 / ec of 20 july 1998 on the approximation of the laws of the member states relating to collective redundancies , oj l 225 , 12 . 08 . 1998 , p . 16 . 69 council directive 2001 / 23 / ec of 12 march 2001 on the approximation of the laws of the member states relating to the safeguarding of employees ' rights in the event of transfers of undertakings , businesses or parts of undertakings or businesses , oj l 82 , 22 . 03 . 2001 , p . 16 . 70 directive 2002 / 14 / ec of the european parliament and of the council of 11 march 2002 establishing a general framework for informing and consulting employees in the european community , oj l 80 , 23 . 3 . 2002 , p . 29 . 71 directive 2008 / 94 / ec of the european parliament and of the council of 22 october 2008 on the protection of employees in the event of the insolvency of their employer , oj l 283 , 28 . 10 . 2008 , p . 36 . 72 directive 2009 / 38 / ec of the european parliament and of the council of 6 may 2009 on the establishment of a european works council or a procedure in community - scale undertakings and community - scale groups of undertakings for the purpose of informing and consulting employees , oj l 122 , 16 . 5 . 2009 , p . 28 . ### throughout the preventive restructuring procedures , workers should enjoy full labour law protection . if this directive is without prejudice to workers ' rights guaranteed by council directive 98 / 59 / ec68 , council directive 2001 / 23 / ec69 , directive 2002 / 14ec of the european parliament and of the council70 , directive 2008 / 94 / ec of the european parliament and of the council71 and directive 2009 / 38 / ec of the european parliament and of the council72 , it shall lay down arrangements for the exercise of these rights which make it possible to safeguard jobs and economic activity , in particular the confidentiality necessary for that purpose , whilst guaranteeing the effective exercise of those rights . the obligations concerning the information and consultation of workers under national law implementing the above - mentioned directives remain fully intact . this includes obligations to inform and consult workers ' representatives on the decision to have recourse to a preventive restructuring framework in accordance with directive 2002 / 14 / ec . given the need to ensure an appropriate level of protection of workers , member states should in principle exempt workers ' outstanding claims , as defined in directive 2008 / 94 / ec , from any stay of enforcement irrespective of the question whether these claims arise before or after the stay is granted . such a stay should be permissible only for the amounts and for the period that the payment of such claims is effectively guaranteed by other means under national law . where member states extend the cover of the guarantee of payment of workers ' outstanding claims established by directive 2008 / 94 / ec to preventive restructuring procedures set up by this directive , the exemption of workers ' claims from the stay of enforcement is no longer justified to the extent covered by that guarantee . where under national law there are limitations to the liability of guarantee institutions , either in terms of the length of the guarantee or the amount paid to workers , workers should be able to enforce their claims for any shortfall against the employer even during the stay of enforcement period . _________________ 68 council directive 98 / 59 / ec of 20 july 1998 on the approximation of the laws of the member states relating to collective redundancies , oj l 225 , 12 . 08 . 1998 , p . 16 . 69 council directive 2001 / 23 / ec of 12 march 2001 on the approximation of the laws of the member states relating to the safeguarding of employees ' rights in the event of transfers of undertakings , businesses or parts of undertakings or businesses , oj l 82 , 22 . 03 . 2001 , p . 16 . 70 directive 2002 / 14 / ec of the european parliament and of the council of 11 march 2002 establishing a general framework for informing and consulting employees in the european community , oj l 80 , 23 . 3 . 2002 , p . 29 . 71 directive 2008 / 94 / ec of the european parliament and of the council of 22 october 2008 on the protection of employees in the event of the insolvency of their employer , oj l 283 , 28 . 10 . 2008 , p . 36 . 72 directive 2009 / 38 / ec of the european parliament and of the council of 6 may 2009 on the establishment of a european works council or a procedure in community - scale undertakings and community - scale groups of undertakings for the purpose of informing and consulting employees , oj l 122 , 16 . 5 . 2009 , p . 28 .


### the different second chance possibilities in the member states may incentivise over - indebted entrepreneurs to relocate to member states in order to benefit from shorter discharge periods or more attractive conditions for discharge , leading to additional legal uncertainty and costs for the creditors when recovering their claims . furthermore , the effects of bankruptcy , in particular the social stigma , legal consequences such as disqualifying entrepreneurs from taking up and pursuing entrepreneurial activity and the on - going inability to pay off debts constitute important disincentives for entrepreneurs seeking to set up a business or have a second chance , even if evidence shows that entrepreneurs who have gone bankrupt have more chance to be successful the second time . steps should therefore be taken to reduce the negative effects of over - indebtedness and bankruptcy on entrepreneurs , in particular by allowing for a full discharge of debts after a certain period of time and by limiting the length of disqualification orders issued in connection with the debtor ' s over - indebtedness . ### the different second chance possibilities in the member states may incentivise over - indebted entrepreneurs to relocate to member states in order to benefit from shorter discharge periods or more attractive conditions for discharge , leading to additional legal uncertainty and costs for the creditors when recovering their claims . furthermore , the effects of bankruptcy , in particular the social stigma , legal consequences such as disqualifying entrepreneurs from taking up and pursuing entrepreneurial activity and the on - going inability to pay off debts constitute important disincentives for entrepreneurs seeking to set up a business or have a second chance , even if evidence shows that entrepreneurs who have gone bankrupt have more chance to be successful the second time . steps should therefore be taken to reduce the negative effects of over - indebtedness and bankruptcy on entrepreneurs , in particular by allowing for a full discharge of debts after a certain period of time , by establishing a liability regime which both incentivises early and responsible action and punishes the failure to take such action , and by limiting the length of disqualification orders issued in connection with the debtor ' s over - indebtedness .


### it is necessary to maintain and enhance the transparency and predictability of the procedures in delivering outcomes that are favourable for the preservation of businesses and for giving entrepreneurs a second chance or that permit the efficient liquidation of non - viable enterprises . it is also necessary to reduce the excessive length of insolvency procedures in many member states , which results in legal uncertainty for creditors and investors and low recovery rates . finally , given the enhanced cooperation mechanisms between courts and practitioners in cross - border cases set up by regulation 2015 / 848 , the professionalism of all actors involved needs to be brought to comparable high levels across the union . to achieve these objectives , member states should ensure that members of the judicial and administrative bodies are properly trained and have specialised knowledge and experience in insolvency matters . such specialisation of members of the judiciary should allow making decisions with potentially significant economic and social impacts within a short period of time and should not mean that members of the judiciary have to deal exclusively with restructuring , insolvency and second chance matters . for example , the creation of specialised courts or chambers in accordance with national law governing the organisation of the judicial system could be an efficient way of achieving these objectives . ### it is necessary to maintain and enhance the transparency and predictability of the procedures in delivering outcomes that are favourable for the preservation of businesses and for giving entrepreneurs a second chance or that permit the efficient liquidation of non - viable enterprises . it is also necessary to reduce the excessive length of insolvency procedures in many member states , which results in legal uncertainty for creditors and investors and low recovery rates . that reduction may in particular be secured by introducing , as a first step , confidential procedures which make it possible , in part by virtue of that confidentiality , to prepare the plan or the assignment without the loss of value which would occur if that intention were to be made public . finally , given the enhanced cooperation mechanisms between courts and practitioners in cross - border cases set up by regulation 2015 / 848 and applicable to public procedures , the professionalism of all actors involved needs to be brought to comparable high levels across the union . to achieve these objectives , member states should ensure that members of the judicial and administrative bodies are properly trained and have specialised knowledge and experience in insolvency matters . such specialisation of members of the judiciary should allow making decisions with potentially significant economic and social impacts within a short period of time and should not mean that members of the judiciary have to deal exclusively with restructuring , insolvency and second chance matters . for example , the creation of specialised courts or chambers in accordance with national law governing the organisation of the judicial system could be an efficient way of achieving these objectives .


### it is important to gather reliable data on the performance of restructuring , insolvency and discharge procedures in order to monitor the implementation and application of this directive . therefore member states should collect and aggregate data that is sufficiently granular to enable an accurate assessment of how the directive works in practice . ### it is important to gather reliable data on the performance of restructuring , insolvency and discharge procedures in order to monitor the implementation and application of this directive . therefore member states should collect and aggregate data that is sufficiently granular to enable an accurate assessment of how the directive works in practice . they should accordingly proceed to collect and analyse data by type of procedure so that reliable and usable comparative statistics can be obtained .


### the stability of financial markets relies heavily on financial collateral arrangements , in particular , when security collateral is provided in connection with participation in designated systems or in central bank operations and when margins are provided to central counterparties . as the value of financial instruments given as security may be very volatile , it is crucial to realize their value quickly before its goes down . therefore , this directive should be without prejudice to directive 98 / 26 / ec of the european parliament and of the council of 19 may 199874 , directive 2002 / 47 / ec of the european parliament and of the council75 and regulation no 648 / 201276 . _________________ 74 directive 98 / 26 / ec of the european parliament and of the council of 19 may 1998 on settlement finality in payment and securities settlement systems . 75 directive 2002 / 47 / ec of the european parliament and of the council of 6 june 2012 on financial collateral arrangements . 76 regulation no 648 / 2012 of the european parliament and of the council of 4 july 2012 on otc derivatives , central counterparties and trade repositories , . ### the stability of financial markets relies heavily on financial collateral arrangements , in particular , when security collateral is provided in connection with participation in designated systems or in central bank operations and when margins are provided to central counterparties . as the value of financial instruments given as security may be very volatile , it is crucial to realize their value quickly before its goes down . the provisions of directive 98 / 26 / ec of the european parliament and of the council of 19 may 199874 , directive 2002 / 47 / ec of the european parliament and of the council75 and regulation no 648 / 201276 should prevail over this directive . _________________ 74 directive 98 / 26 / ec of the european parliament and of the council of 19 may 1998 on settlement finality in payment and securities settlement systems . 75 directive 2002 / 47 / ec of the european parliament and of the council of 6 june 2012 on financial collateral arrangements . 76 regulation no 648 / 2012 of the european parliament and of the council of 4 july 2012 on otc derivatives , central counterparties and trade repositories , .


### preventive restructuring procedures available for debtors in financial difficulty when there is a likelihood of insolvency ; ### preventive restructuring procedures available for debtors in financial difficulty when there is a likelihood of insolvency ; or where the procedures are being used to resolve a short - term problem , to reduce the amount owed to all or some of the creditors or to transfer all or part of the viable business to another enterprise on the basis of arrangements which provide for creditors to receive a dividend at least equal to that which they would have received in the event of liquidation ;


### ' insolvency procedure ' means a collective insolvency procedure which entails a partial or total divestment of the debtor and the appointment of a liquidator ; ### ' insolvency procedure ' means a collective insolvency procedure opened by means of a public decision which entails a partial or total divestment of the debtor and the appointment of a liquidator ;


### ' restructuring ' means changing the composition , conditions , or structure of a debtor ' s assets and liabilities or any other part of the debtor ' s capital structure , including share capital , or a combination of those elements , including sales of assets or parts of the business , with the objective of enabling the enterprise to continue in whole or in part ; ### ' restructuring ' means a procedure or measures , whether public or confidential , which make it possible to change the composition , conditions , or structure of a debtor ' s assets and liabilities or any other part of the debtor ' s capital structure , including share capital , or a combination of those elements , including sales of assets or all or part of the business , with the objective of enabling the enterprise to continue in whole or in part ;


### ' restructuring ' means changing the composition , conditions , or structure of a debtor ' s assets and liabilities or any other part of the debtor ' s capital structure , including share capital , or a combination of those elements , including sales of assets or parts of the business , with the objective of enabling the enterprise to continue in whole or in part ; ### ‘ restructuring’ means changing the composition , conditions , or structure of a debtor ' s assets and liabilities or any other part of the debtor ' s capital structure , including share capital , or a combination of those elements , including sales of assets or parts of the business or the entire business , with the objective of enabling the enterprise to continue in whole or in part ;


### ' new financing ' means any new funds , whether provided by an existing or a new creditor , that are necessary to implement a restructuring plan that are agreed upon in that restructuring plan and confirmed subsequently by a judicial or administrative authority ; ### ' new financing ' means any new funds , whether provided by an existing or a new creditor , that are necessary to implement a restructuring plan that are agreed upon in that restructuring plan .


### member states shall ensure that debtors who are negotiating a restructuring plan with their creditors may benefit from a stay of individual enforcement actions if and to the extent such a stay is necessary to support the negotiations of a restructuring plan . ### member states shall ensure that debtors who are negotiating a restructuring plan with their creditors or drawing up a sale plan may benefit from a stay of individual enforcement actions if and to the extent such a stay is necessary to support the negotiations of a restructuring plan .


### member states shall ensure that , during the stay period , creditors to which the stay applies may not withhold performance or terminate , accelerate or in any other way modify executory contracts to the detriment of the debtor for debts that came into existence prior to the stay . member states may limit the application of this provision to essential contracts which are necessary for the continuation of the day - to - day operation of the business . ### member states shall ensure that , during the stay period , creditors to which the stay applies may not withhold performance or terminate , accelerate or in any other way modify executory contracts to the detriment of the debtor for debts that came into existence prior to the stay . member states may limit the application of this provision to contracts which are necessary for the continuation of the day - to - day operation of the business .


### an opinion or reasoned statement by the person responsible for proposing the restructuring plan which explains why the business is viable , how implementing the proposed plan is likely to result in the debtor avoiding insolvency and restore its long - term viability , and states any anticipated necessary pre - conditions for its success . ### an opinion or reasoned statement by the person responsible for proposing the restructuring plan which explains why the business is viable , how implementing the proposed plan is likely to result in the debtor avoiding insolvency , and / or to restore its long - term viability , and states any anticipated necessary pre - conditions for its success .


### member states shall ensure that any affected creditors have a right to vote on the adoption of a restructuring plan . member states may also grant such voting rights to affected equity holders , in accordance with article 12 . ### member states shall ensure that the procedures provided for in national law are such that any creditors affected by a waiver plan have a right to vote on the adoption of a restructuring plan . member states may also grant such voting rights to affected equity holders , in accordance with article 12 . member states shall ensure that the procedures provided for in national law are such that any creditors affected by a plan to sell a business as a going concern to another business , and who would not be repaid in full , would have the right to raise objections in the jurisdiction called upon to authorise the sale . member states shall ensure that debtors , having embarked on a confidential procedure , may at any time thereafter initiate a further procedure publicly , if they consider the latter to be necessary before the plan has been adopted or the sale has been authorised by the jurisdiction concerned .


### 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 .


### 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 .


### where the necessary majority is not reached in one or more dissenting voting classes , the plan may still be confirmed if it complies with the cross - class cram - down requirements set out in article 11 . ### where the necessary majority is not reached in one or more dissenting voting classes , the plan may still be confirmed by a judicial or administrative authority if it complies with the cross - class cram - down requirements set out in article 11 .


### member states shall ensure that the following restructuring plans can become binding on the parties only if they are confirmed by a judicial or administrative authority : ### member states shall ensure that the&#160 ; restructuring plans which affect the interests of dissenting affected parties can become binding on the parties only if they are confirmed by a judicial or administrative authority .


### member states shall ensure that where a judicial or administrative authority is required to confirm a restructuring plan in order for it to become binding , a decision is taken without undue delay after the request for confirmation has been filed and in any case no later than 30 days after the request is filed . ### member states shall ensure that where a judicial or administrative authority is required to confirm a restructuring plan or authorise a sale plan in order for it to become binding , a decision is taken without undue delay after the request for confirmation has been filed and in any case no later than 30 days after the request is filed .


### fulfils the conditions in article 10 ; ### fulfils the conditions in article 10 and does not run counter to article 10 ;


### a liquidation value shall be determined by the judicial or administrative authority where a restructuring plan is challenged on the grounds of an alleged breach of the best interest of creditors test . ### a liquidation value shall be determined by the judicial or administrative authority where a restructuring plan or a sale plan is challenged on the grounds of an alleged breach of the best interest of creditors test .


### an enterprise value shall be determined by the judicial or administrative authority on the basis of the value of the enterprise as a going concern in the following cases : ### an enterprise value shall be determined by the judicial or administrative authority on the basis of the value of the enterprise as a going concern and the value of the proceeds from the sale of its assets by the insolvency practitioner in an insolvency procedure in the following cases :


### creditors who are not involved in the adoption of a restructuring plan shall not be affected by the plan . ### creditors who are not identified in the restructuring plan confirmed by a judicial or administrative authority shall not be affected by the plan .


### confirm the plan and grant monetary compensation to the dissenting creditors , payable by the debtor or by the creditors who voted in favour of the plan . ### confirm the plan and grant monetary compensation to the dissenting creditors , payable by the debtor .


### to have due regard to the interests of creditors and other stakeholders ; ### to have due regard to the interests of creditors and other stakeholders , including in relation to employment ;


### it is necessary to amend the reporting obligations laid down in articles 43 , 54 and 57 of directive 2010 / 63 / eu of the european parliament and of the council56 . these provisions include , with the objective of improving transparency and reducing administrative burden , the establishment of a central , open - access searchable database for non - technical project summaries and related retrospective assessments , conferral of implementing powers on the commission to establish a common format for the submission of non - technical project summaries and related retrospective assessments , information on implementation and replacing the three - yearly statistical reporting by the commission by the requirement of setting up a dynamic central database hosted by the commission and releasing information on a yearly basis . __________________ 56 directive 2010 / 63 / eu of the european parliament and of the council of 22 september 2010 on the protection of animals used for scientific purposes . ### it is necessary to amend the reporting obligations laid down in articles 43 , 54 , 57 and 58 of directive 2010 / 63 / eu of the european parliament and of the council56 . these provisions include , with the objective of improving transparency and reducing administrative burden , the establishment of a central , open - access searchable database for non - technical project summaries and related retrospective assessments , conferral of implementing powers on the commission to establish a common format for the submission of non - technical project summaries and related retrospective assessments , information on implementation and replacing the three - yearly statistical reporting by the commission by the requirement of setting up a dynamic central database hosted by the commission and releasing information on a yearly basis . in accordance with article 58 of directive 2010 / 63 / eu on the protection of animals used for scientific purposes56a , the review clause should be reconsidered with a view to a future revision following the publication of the commission report . __________________ 56 directive 2010 / 63 / eu of the european parliament and of the council of 22 september 2010 on the protection of animals used for scientific purposes . 56a com 631 final , report from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions in accordance with article 58 of directive 2010 / 63 / eu on the protection of animals used for scientific purposes .


### annex vi point 3 is replaced by the following : ‘ 3 . information exchange mechanism ' the commission , assisted by the european environment agency , shall develop a mandatory digital information exchange mechanism to share the information from the strategic noise maps and summaries of action plans , as referred to in article 10 in accordance with the regulatory procedure with scrutiny referred to in article 13 . ' ### annex vi point 3 is deleted .


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


### article 57 is deleted . ### article 57 is is replaced by the following : article 57 commission report by 10 november 2020 and every three years thereafter , the commission shall , based on the statistical information submitted by member states under article 54 , submit to the european parliament and the council a summary report on that information .


### the commission shall review this directive by 10 november 2017 , taking into account advancements in the development of alternative methods not entailing the use of animals , in particular of non - human primates , and shall propose amendments , where appropriate . ### in article 58 , paragraph 1 is replaced by the following : the commission shall review this directive by 10 november 2024 , taking into account advancements in the development of alternative methods not entailing the use of animals , in particular of non - human primates , and shall propose amendments , where appropriate .


### as the three so - called tripartite agencies - cedefop , the european foundation for the improvement of living and working conditions and the european agency for safety and health at work - address issues related to the labour market , working environment and vocational education and training and skills , close coordination among the three agencies is required and the ways to enhance efficiency and synergies should be exploited . in addition , where relevant , the agency should seek to engage in efficient cooperation with the european commission ' s in - house research capacities . ### as the three so - called tripartite agencies - cedefop , the european foundation for the improvement of living and working conditions and the european agency for safety and health at work - address issues related to the labour market , working environment and vocational education and training and skills , close coordination among the three agencies is required and the ways to enhance efficiency and synergies should be exploited . in particular , sharing or pooling of administrative tasks between these agencies is envisaged and the agencies should adopt their respective annual work programmes in close co - operation with one another , in order to avoid overlaps . in addition , where relevant , the agency should seek to engage in efficient cooperation with the european commission ' s in - house research capacities .


### as the three so - called tripartite agencies - cedefop , the european foundation for the improvement of living and working conditions and the european agency for safety and health at work - address issues related to the labour market , working environment and vocational education and training and skills , close coordination among the three agencies is required and the ways to enhance efficiency and synergies should be exploited . in addition , where relevant , the agency should seek to engage in efficient cooperation with the european commission ' s in - house research capacities . ### as the three tripartite agencies - cedefop , the european foundation for the improvement of living and working conditions and the european agency for safety and health at work - address issues related to the labour market , working environment and vocational education and training and skills , close coordination among the three agencies is required and the ways to enhance efficiency and synergies should be exploited . in addition , where relevant , the agency should seek to engage in efficient cooperation with the relevant in - house research capacities of the eu institutions .


### the objective of the agency shall be to assist the commission in shaping and implementing vocational education and training and skills and qualifications policies . to this end the agency shall provide evidence and services for policy making and knowledge sharing amongst and between union and national actors , in particular governments and social partners . ### the objective of the agency shall be to contribute to the shaping and implementing of vocational education and training policy , skills and qualifications policies , at the union level . to this end the agency shall provide evidence and services for policy making and knowledge sharing amongst and between union and national actors , in particular governments and social partners .


### the members referred to in points , and shall be appointed by the council on the basis of lists of candidates submitted by the member states , the european employers’ and employees’ organisations respectively . the commission shall appoint the members who are to represent it . ### the members referred to in points , and shall be appointed by the council on the basis of lists of candidates submitted by the member states , the european employers’ and employees’ organisations respectively . the commission shall appoint the members who are to represent it . the european parliament shall appoint the independent experts who are to represent it , after checking by its legal services that they have no conflict of interest .


### appoint the executive director and where relevant extend the term of office or remove the executive director from office in accordance with article 18 ; ### appoint the executive director and where relevant renew the term of office or remove the executive director from office in accordance with article 18 ;


### the management board shall amend the adopted annual work programme when a new task is given to the agency . the management board may delegate the power to make non - substantial amendments to the annual work programme to the executive director . ### the management board shall amend the adopted annual work programme when a new task is given to the agency . it shall be responsible for avoiding programming overlaps with the other tripartite union agencies and for ensuring that reprioritisation of activities is always considered as a valid alternative before potentially granting additional financial resources . the management board may delegate the power to make non - substantial amendments to the annual work programme to the executive director .


### the executive board shall be composed of the chairperson of the management board , the three deputy chairpersons , the coordinators of the three groups referred to in article 4 and one representative of the commission . each group referred to in article 4 may designate up to two alternates to attend the meetings of the executive board , in the absence of the full members . the chairperson of the management board shall also be the chairperson of the executive board . the executive director shall take part in the meetings of the executive board , but shall not have the right to vote . ### the executive board shall be composed of the chairperson of the management board , the three deputy chairpersons , the coordinators of the three groups referred to in article 4 and one representative of the commission and one representative of the european parliament . each group referred to in article 4 may designate up to two alternates to attend the meetings of the executive board , in the absence of the full members , aiming to achieve a balanced representation between men and women when designate alternates . the chairperson of the management board shall also be the chairperson of the executive board . the executive director shall take part in the meetings of the executive board , but shall not have the right to vote .


### the accounting officer shall , by 1 july following each financial year , send the final accounts to the european parliament , the council , the commission and the court of auditors , together with the management board ' s opinion . ### the accounting officer shall , by 1 july following each financial year , send the final accounts to the european parliament , the council , the commission and the european court of auditors , together with the management board ' s opinion .


### the executive director shall be appointed by the management board , from a list of candidates proposed by the commission , following an open and transparent selection procedure . ### the executive director shall be appointed by the management board , from a list of candidates proposed by the commission , after obtaining the consent of the management board which must be involved in the process of short - listing the candidates , and following an open and transparent selection procedure . once appointed the new executive director will attend upon invitation to an exchange of views in the competent european parliament committee .


### the management board , acting on a proposal from the commission that takes into account the assessment referred to in paragraph 3 , may extend the term of office of the executive director once , for no more than five years . ### the management board , acting on a proposal from the commission that takes into account the assessment referred to in paragraph 3 , may renew the term of office of the executive director once .


### an executive director whose term of office has been extended may not participate in another selection procedure for the same post at the end of the overall period . ### an executive director whose term of office has been renewed may not participate in another selection procedure for the same post at the end of the overall period .


### the executive director may be removed from office only upon a decision of the management board acting on a proposal from the commission . ### the executive director may be removed from office only upon a decision of the management board acting on a proposal from the commission , based on a relevant assessment of his / her performance as executive director .


### the agency may establish local offices in one or more member states , subject to their consent and in accordance with article 11 . ### the agency may establish a liaison office in brussels in accordance with article 11 .


### where the commission considers that the continuation of the agency is no longer justified with regard to its assigned objectives , mandate and tasks , it may propose that this regulation be amended accordingly or repealed ### where the commission considers that the continuation of the agency is no longer justified with regard to its assigned objectives , mandate and tasks , it may propose that this regulation be amended accordingly or repealed . such proposal shall only be made after a detailed assessment and after informing and consulting the european parliament , the member states and the social partners .


### to deliver scientific , economic and societal impact in pursuit of this general objective , the union should invest in research and innovation through horizon europe - a framework programme for research and innovation 2021 - 2027 to support the creation and diffusion of high - quality knowledge and technologies , to strengthen the impact of research and innovation in developing , supporting and implementing union policies , to support the uptake of innovative solutions in industry and society to address global challenges and promote industrial competitiveness ; to foster all forms of innovation , including breakthrough innovation , and strengthen market deployment of innovative solutions ; and optimise the delivery of such investment for increased impact within a strengthened european research area . ### to deliver scientific , economic , educational and societal impact in pursuit of this general objective , the union should invest in research and innovation through horizon europe - a framework programme for research and innovation 2021 - 2027 to support the creation and diffusion of high - quality knowledge and technologies , to strengthen the impact of research and innovation in developing , supporting and implementing union policies , to support the uptake of innovative solutions in industry and society to address global challenges and promote industrial competitiveness , cybersecurity and strategic network security ; to foster all forms of innovation , including breakthrough innovation , and strengthen market deployment of innovative solutions ; and optimise the delivery of such investment for increased impact within a strengthened european research area .


### full engagement of industry in the programme , at all levels from the individual entrepreneur and small and medium - sized enterprises to large scale enterprises , should constitute one of the main channels through which the programme ' s objectives are to be realised , specifically towards the creation of sustainable jobs and growth . industry should contribute to the perspectives and priorities established through the strategic planning process which should support the development of work programmes . such engagement by industry should see its participation in the actions supported at levels at least commensurate with those under the previous framework programme horizon 2020 established by regulation no 1291 / 2013 of the european parliament and the council13 . _________________ 13 ### full engagement of industry in the programme , at all levels from the individual entrepreneur and small and medium - sized enterprises to large scale enterprises , should constitute one of the main channels through which the programme ' s objectives are to be realised , specifically towards the creation of sustainable and quality jobs and growth . industry should contribute to the perspectives and priorities established through the strategic planning process which should support the development of work programmes . such engagement by industry should see its participation in the actions supported at levels at least commensurate with those under the previous framework programme horizon 2020 established by regulation no 1291 / 2013 of the european parliament and the council13 . _________________ 13


### the programme should support research and innovation in an integrated manner , respecting all relevant provisions of the world trade organisation . the concept of research , including experimental development should be used in accordance with the frascati manual developed by the oecd , whereas the concept of innovation should be used in accordance with the oslo manual developed by the oecd and eurostat , following a broad approach that covers social innovation . the oecd definitions regarding technological readiness level should continue , as in the previous framework programme horizon 2020 , to be taken into account in the classification of technological research , product development and demonstration activities , and the definition of types of action available in calls for proposals . in principle grants should not be awarded for actions where activities go above trl 8 . the work programme for a given call under the pillar ' global challenges and industrial competitiveness ' could allow grants for large - scale product validation and market replication . ### the programme should support research and innovation in an integrated manner , respecting all relevant provisions of the world trade organisation . the concept of research , including experimental development should be used in accordance with the frascati manual developed by the oecd , whereas the concept of innovation should be used in accordance with the oslo manual developed by the oecd and eurostat , following a broad approach that covers human , social and cultural innovation . the oecd definitions regarding technological readiness level should continue , as in the previous framework programme horizon 2020 , to be taken into account in the classification of technological research , product development and demonstration activities , and the definition of types of action available in calls for proposals . in principle grants should not be awarded for actions where activities go above trl 8 . the work programme for a given call under the pillar ' global challenges and industrial competitiveness ' could allow grants for large - scale product validation and market replication .


### the programme should seek synergies with other union programmes , from their design and strategic planning , to project selection , management , communication , dissemination and exploitation of results , to monitoring , auditing and governance . with a view to avoiding overlaps and duplication and increasing the leverage of union funding , transfers from other union programmes to horizon europe activities can take place . in such cases they will follow horizon europe rules . ### the programme should seek synergies with other union programmes , from their design and strategic planning , application and reporting forms , to project selection , management , communication , dissemination and exploitation of results , to monitoring , auditing and governance . with a view to avoiding overlaps and duplication and increasing the leverage of union funding , as well as decreasing administrative burden for the applicants and beneficiaries .


### in order to achieve the greatest possible impact of union funding and the most effective contribution to the union ' s policy objectives , the programme should enter into european partnerships with private and / or public sector partners . such partners include industry , research organisations , bodies with a public service mission at local , regional , national or international level , and civil society organisations such as foundations that support and / or carry out research and innovation , provided that desired impacts can be achieved more effectively in partnership than by the union alone . ### in order to achieve the greatest possible impact of union funding and the most effective contribution to the union ' s policy objectives , the programme should enter into european partnerships with private and / or public sector partners . such partners include industry , research organisations , bodies with a public service mission at local , regional , national or international level , and civil society organisations such as foundations that support and / or carry out research and innovation , provided that desired societal impacts can be achieved more effectively in partnership than by the union alone .


### the eit , primarily through its knowledge and innovation communities , should aim at strengthening innovation ecosystems that tackle global challenges , by fostering the integration of business , research , higher education and entrepreneurship . the eit should foster innovation in its activities and should support the integration of higher education within the innovation ecosystem , in particular by : stimulating entrepreneurial education , fostering strong non - disciplinary collaborations between industry and academia ; and identifying prospective skills for future innovators to address global challenges , which includes advanced digital and innovation skills . support schemes provided by the eit should benefit to eic beneficiaries , while start - ups emerging from eit kics should have access to eic actions . while the eit’s focus on innovation ecosystems should make it naturally fit within the pillar ' open innovation ' , the planning of its kics should be aligned through the strategic planning process with the pillar ' global challenges and industrial competitiveness ' . ### the eit , primarily through its knowledge and innovation communities , should aim at strengthening innovation ecosystems that tackle global challenges , by fostering the integration of business , research , higher education and entrepreneurship , including social entrepreneurship . the eit should foster innovation in its activities and should support the integration of higher education within the innovation ecosystem , in particular by : stimulating entrepreneurial education and learning , fostering strong non - disciplinary collaborations between industry and academia ; and identifying prospective skills for future innovators to address global challenges , which includes advanced digital and innovation skills . support schemes provided by the eit should benefit to eic beneficiaries , while start - ups emerging from eit kics should have access to eic actions . while the eit’s focus on innovation ecosystems should make it naturally fit within the pillar ' open innovation ' , the planning of its kics should be aligned through the strategic planning process with the pillar ' global challenges and industrial competitiveness ' .


### with the aim of deepening the relationship between science and society and maximising benefits of their interactions , the programme should engage and involve citizens and civil society organisations in co - designing and co - creating responsible research and innovation agendas and contents , promoting science education , making scientific knowledge publicly accessible , and facilitating participation by citizens and civil society organisations in its activities . it should do so across the programme and through dedicated activities in the part ' strengthening the european research area ' . the engagement of citizens and civil society in research and innovation should be coupled with public outreach activities to generate and sustain public support for the programme . the programme should also seek to remove barriers and boost synergies between science , technology , culture and the arts to obtain a new quality of sustainable innovation . ### with the aim of deepening the relationship between science and society and maximising benefits of their interactions , the programme should engage and involve citizens and civil society organisations in co - designing and co - creating responsible research and innovation agendas and disseminating their findings , promoting science , social and humanistic education , making scientific knowledge publicly accessible , and facilitating participation by citizens and civil society organisations in its activities . it should do so across the programme and through dedicated activities in the part ' strengthening the european research area ' . the engagement of citizens and civil society in research and innovation should be coupled with public outreach activities to generate and sustain public support for the programme . the programme should also seek to remove barriers and boost synergies between science , technology , culture and the arts to obtain a new quality of sustainable innovation , for example through appropriate interaction with the creative europe programme .


### the programme ' s general objective is to deliver scientific , economic and societal impact from the union ' s investments in research and innovation so as to strengthen the scientific and technological bases of the union and foster its competitiveness , including in its industry , deliver on the union strategic priorities , and contribute to tackling global challenges , including the sustainable development goals . ### the general objective of the programme shall be to deliver scientific , economic , cultural and societal impact from the union ' s investments in research and innovation so as to strengthen the scientific and technological bases of the union and foster its competitiveness , including in its industry , deliver on the union strategic priorities , and contribute to tackling global challenges , including the sustainable development goals .


### the programme has the following specific objectives : ### the specific objectives of the programme shall be :


### the programme is structured in the following parts contributing to the general and specific objectives set out in in article 3 : ### the programme shall contribute to the general and specific objectives set out in article 3 and shall consist of the following :


### the programme shall ensure the effective promotion of gender equality and the gender dimension in research and innovation content . particular attention shall be paid to ensuring gender balance , subject to the situation in the field of research and innovation concerned , in evaluation panels and in bodies such as expert groups . ### the programme shall ensure the effective promotion of gender equality , inter alia through enabling a better family / work life balance , and the gender dimension in research and innovation content . particular attention shall be paid to ensuring accessibility and gender balance , subject to the situation in the field of research and innovation concerned , across the various parts of the programme , and notably in evaluation panels and in bodies such as expert groups .


### adhere to the principles of union added value , transparency , openness , impact , leverage effect , long - term financial commitment of all the involved parties , flexibility , coherence and complementarity with union , local , regional national and international initiatives ; ### adhere to the principles of union added value , transparency , openness , societal impact , leverage effect , long - term financial commitment of all the involved parties , flexibility , coherence and complementarity with union , local , regional national and international initiatives ;


### the financial envelope for the implementation of the framework programme for the period 2021 &#8211 ; 2027 shall be eur 94 100 000 000 in current prices for the specific programme referred to in article 1 and , in addition , the amount for the specific programme referred to in article 1 , as laid down in regulation&#8230 ; . establishing the european defence fund . ### the financial envelope for the implementation of the framework programme for the period 2021 &#8211 ; 2027 shall be eur 120 000 000 000 in constant prices for the specific programme referred to in article 1 and , in addition , the amount for the specific programme referred to in article 1 , as laid down in regulation&#8230 ; . establishing the european defence fund .


### eur 6 800 000 000 for marie skłodowska - curie actions ; ### eur 11 300 000 000 for marie skłodowska - curie actions ;


### eur 2 400 000 000 for research infrastructures ; ### eur 3 900 000 000 for research infrastructures ;


### beneficiaries having received union funding shall use their best efforts to exploit their results , in particular in the union . exploitation may be done directly by the beneficiaries or indirectly in particular through the transfer and licensing of results in accordance with article 36 . ### beneficiaries having received union funding shall exploit their results , substantially in the union . such exploitation may be done directly by the beneficiaries or indirectly in particular through the transfer and licensing of results in accordance with article 36 .


### the commission is empowered to adopt delegated acts in accordance with article 50 concerning amendments to annex v to supplement or amend the impact pathway indicators , where considered necessary , and set baselines and targets . ### the commission shall be empowered to adopt delegated acts in accordance with article 50 concerning amendments to annex v to supplement or amend the impact pathway indicators .


### the performance reporting system shall ensure that data for monitoring programme implementation and results are collected efficiently , effectively and in a timely manner . to that end , proportionate reporting requirements shall be imposed on recipients of union funds and member states . ### the performance reporting system shall ensure that data for monitoring programme implementation and results are collected efficiently , effectively and in a timely manner . to that end , proportionate reporting requirements shall be imposed on recipients of union funds and on the member states concerned .


### programme evaluations shall be carried out in a timely manner to feed into the decision - making process on the programme , its successor and other initiatives relevant to research and innovation . ### the commission shall ensure regular monitoring and external evaluation of the programme . it shall monitor the programme performance annually , tracking performance indicators in accordance with article 45 , paragraph 1 .


### the interim evaluation of the programme shall be carried out once there is sufficient information available about the implementation of the programme , but no later than four years after the start of the programme implementation . it shall include an assessment of the long - term impact of previous framework programmes and shall form the basis to adjust programme implementation , as appropriate . ### the commission shall submit the interim evaluation report referred to in paragraph 1a to the european parliament , the council , the european economic and social committee and the committee of the regions no later than 31 december 2024 . it shall include an assessment of the long - term impact of previous framework programmes .


### at the end of the implementation of the programme , but no later than four years after the end of the period specified in article 1 , a final evaluation of the programme shall be completed by the commission . it shall include an assessment of the long - term impact of previous framework programmes . ### on the basis of a final external and independent evaluation , the commission shall establish a final evaluation report of the programme , which assesses its longer - term impacts and its sustainability . it shall also include an assessment of the long - term impact of previous framework programmes .


### the commission shall communicate the conclusions of the evaluations accompanied by its observations , to the european parliament , the council , the european economic and social committee and the committee of the regions . ### the commission shall submit the final evaluation report referred to in paragraph 3 to the european parliament , the council , the european economic and social committee and the committee of the regions no later than 31 december 2030 .


### marie skłodowska - curie actions : equipping researchers with new knowledge and skills through mobility and exposure across borders , sectors and disciplines , as well as structuring and improving institutional and national recruitment , training and career development systems ; in so doing , the marie skłodowska - curie actions help to lay the foundations of europe ' s excellent research landscape , contributing to boosting jobs , growth , and investment , and solving current and future societal challenges . ### marie skłodowska - curie actions : equipping researchers with new knowledge , skills and competences through mobility and exposure across borders , sectors and disciplines , as well as structuring and improving institutional and national recruitment , training and career development systems ; in so doing , the marie skłodowska - curie actions help to lay the foundations of europe ' s excellent research landscape , contributing to boosting jobs , growth , and investment , and solving current and future societal challenges .


### areas of intervention : nurturing excellence through mobility of researchers across borders , sectors and disciplines ; fostering new skills through excellent training of researchers ; strengthening human capital and skills development across the european research area ; improving and facilitating synergies ; promoting public outreach . ### areas of intervention : nurturing excellence through mobility of researchers across borders , sectors and disciplines ; fostering new skills , competences and knowledge through excellent training of researchers ; strengthening human capital and skills development across the european research area ; improving and facilitating synergies ; promoting public outreach .


### each cluster contributes towards several sdgs ; and many sdgs are supported by more than one cluster . ### each cluster contributes towards several sdgs ; and many sdgs are supported by more than one cluster . each cluster shall include an intervention area which is specifically devoted to the contribution of social science and humanities studies to that cluster .


### cluster ' inclusive and secure society ' : strengthening european democratic values , including rule of law and fundamental rights , safeguarding our cultural heritage , and promoting socio - economic transformations that contribute to inclusion and growth , while responding to the challenges arising from persistent security threats , including cybercrime , as well as natural and man - made disasters . ### cluster ' inclusive educated and creative society ' : strengthening european democratic values , including rule of law and fundamental rights , safeguarding our cultural heritage , supporting in particular research and innovation activities for the development of ict technologies for the preservation and digitisation of tangible and intangible cultural heritage as well , exploring the potential of cultural and creative sectors and promoting socio - economic transformations that contribute to inclusion and growth , including migration management and integration of migrants .


### cluster ' digital and industry ' : reinforcing capacities and securing europe ' s sovereignty in key enabling technologies for digitisation and production , and in space technology , to build a competitive , digital , low - carbon and circular industry ; ensure a sustainable supply of raw materials ; and provide the basis for advances and innovation in all global societal challenges . ### cluster ' digital and industry ' : reinforcing capacities and securing europe ' s sovereignty in key enabling technologies for fair and ethical digitisation and production , and in space technology , to build a competitive , digital , low - carbon and circular industry ; ensure a sustainable supply of raw materials supporting research activities that are closely linked to the cultural and creative sectors ; and provide the basis for advances and innovation in all global societal challenges .


### cluster ' digital and industry ' : reinforcing capacities and securing europe ' s sovereignty in key enabling technologies for digitisation and production , and in space technology , to build a competitive , digital , low - carbon and circular industry ; ensure a sustainable supply of raw materials ; and provide the basis for advances and innovation in all global societal challenges . ### cluster ' digital and industry ' : reinforcing capacities and securing europe ' s sovereignty in key enabling technologies for digitisation and production , and in space technology , to build a competitive , digital , low - carbon and circular industry ; ensure a sustainable supply of raw materials ; supporting research activities that are closely linked to the cultural and creative industries ; and provide the basis for advances and innovation in all global societal challenges .


### cluster ' climate , energy and mobility ' : fighting climate change by better understanding its causes , evolution , risks , impacts and opportunities , and by making the energy and transport sectors more climate and environment - friendly , more efficient and competitive , smarter , safer and more resilient . ### cluster ' climate , energy and mobility ' : fighting climate change by better understanding its causes , evolution , risks , impacts and opportunities , and by making the energy and transport sectors more climate and environment - friendly , more efficient and competitive , smarter , safer and more resilient ; enabling sustainable cultural heritage : researching into strategies and tools necessary for its safeguard whilst providing a better response to a changing environment and more frequent extreme climatic events .


### –training and mobility action : action geared towards improvement of skills , knowledge and career prospects of researchers based on mobility between countries , and , if relevant , between sectors or disciplines ; ### –training and mobility action : action geared towards improvement of competences , skills , knowledge and career prospects of researchers based on mobility between countries , and , if relevant , between sectors or disciplines ;


### the esf + can mainstream and scale up innovative curricula supported by the programme , through national or regional programmes , in order to equip people with the skills and competences needed for the jobs of the future ; ### the esf + can mainstream and scale up innovative curricula supported by the programme , through national , regional or local programmes , in order to equip people with the right set of&#160 ; skills , competences and knowledge&#160 ; needed for the jobs of the future ;


### the programme and the erasmus programme foster the integration of education and research through facilitating higher education institutions to formulate and set up common education , research and innovation strategies , to inform teaching with the latest findings and practices of research to offer active research experience to all students and higher education staff and in particular researchers , and to support other activities that integrate higher education , research and innovation . ### the programme and the erasmus programme foster the integration of education and research through facilitating university and higher education institutions to formulate and set up common education , research and innovation strategies , to inform teaching with the latest findings and practices of research to offer active research experience and individual mobility for all students and higher education staff and in particular researchers , and to support other activities that integrate higher education , research and innovation . this programme , together with erasmus + , also encourages interaction and cooperation between research facilities and upper secondary schools .


### the programme and the erasmus programme foster the integration of education and research through facilitating higher education institutions to formulate and set up common education , research and innovation strategies , to inform teaching with the latest findings and practices of research to offer active research experience to all students and higher education staff and in particular researchers , and to support other activities that integrate higher education , research and innovation . ### the programme and the erasmus programme foster the integration of education and research through facilitating higher education institutions to formulate and set up common education , research and innovation strategies , to inform teaching and learning with the latest findings and practices of research to offer active research experience to all students and higher education staff and in particular researchers , and to support other activities that integrate higher education , research and innovation .


### preventing and combating inequalities and discrimination on grounds of sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation , and supporting comprehensive policies to promote gender equality and anti - discrimination and their mainstreaming as well policies to combat racism and all forms of intolerance ; ### preventing and combating inequalities and discrimination on grounds of sex , gender , racial or ethnic origin , religion or belief , disability , age or sexual orientation , and supporting comprehensive policies to promote gender equality and anti - discrimination and their mainstreaming as well policies to combat racism and all forms of intolerance ;


### increasing citizens ' understanding of the union , its history , cultural heritage and diversity ; ### increasing citizens ' understanding of the union , and its integration , history , institutions , values and cultural heritage , which make up european identity in its diversity ;


### the recipients of union funding shall acknowledge the origin and ensure the visibility of the union funding by providing coherent , effective and proportionate targeted information to multiple audiences , including the media and the public . ### the recipients of union funding shall acknowledge the origin and ensure the visibility of the union funding , by providing coherent , effective and proportionate targeted information to multiple audiences , including the media and the public and , where appropriate , beneficiaries of actions funded in this way and participants therein .


### the follow up and review of the agreements , the conduct of investigations and , where appropriate , the imposition of safeguard measures should be carried out transparently . ### the follow up and review of the agreements , the conduct of investigations and , where appropriate , the imposition of safeguard measures should be carried out in the most transparent manner possible . the european parliament should be kept informed and involved at all stages of the procedure and , in particular , prior to the adoption of any safeguard measures .


### upon a duly justified request by the union industry concerned , the commission may extend the scope of the monitoring to other sectors , if any , than those mentioned in the annex . ### upon a duly justified request by the union industry concerned or the trade unions , the commission may extend the scope of the monitoring to other products and sectors , if any , than those mentioned in the annex .


### the commission shall present an annual monitoring report to the european parliament and to the council on statistics on imports of sensitive products , and those sectors , if any , to which monitoring has been extended . ### the commission shall present an annual monitoring report to the european parliament and to the council on statistics on imports of sensitive products , and those products and sectors , if any , to which monitoring has been extended as well as on the fulfilment of obligations by the countries concerned under the trade and sustainable development chapter .