### the executive director shall , as appropriate , launch the procedure for deployment of asylum support teams or experts from the asylum intervention pool in accordance with articles 17 and 18 . the operational and technical reinforcement provided by the asylum support teams or experts from the asylum intervention pool in the framework of the migration management support teams may include : ### the executive director shall , as appropriate , launch the procedure for deployment of asylum support teams or experts from the asylum intervention pool as part of migration management support teams in accordance with articles 17 , 18 , 20 and 22 , including where the procedure set out in paragraph - 1 of the present article or article 19 of the regulation 1624 / 2016 applies . the operational and technical reinforcement provided by the asylum support teams or experts from the asylum intervention pool in the framework of the migration management support teams may include :


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


### where in the event of disproportionate pressure on the asylum or reception systems a member state does not request the agency for operational and technical assistance or does not accept an offer by the agency for such assistance or does not take sufficient action to address that pressure , or where it does not comply with the commission ' s recommendations referred to in article 15 , thereby rendering the asylum or reception systems ineffective to the extent of jeopardising the functioning of the ceas , the commission may adopt a decision by means of an implementing act , identifying one or more of the measures set out in article 16 to be taken by the agency to support the member state concerned . that implementing act shall be adopted in accordance with the examination procedure referred to in article 64 . ### where , in the event of its asylum and reception system having to cope with a strong and pressing demand for international protection , a member state does not request the agency for operational and technical assistance or does not accept an offer by the agency for such assistance or does not take sufficient action to manage the influx of refugees and asylum seekers , or where it does not comply with the commission ' s recommendations referred to in article 15 , thereby rendering the asylum or reception systems ineffective to the extent of jeopardising the functioning of the ceas , the commission may adopt a decision by means of an implementing act , identifying one or more of the measures set out in article 16 to be taken by the agency to support the member state concerned . that implementing act shall be adopted in accordance with the examination procedure referred to in article 64 .


### the agency shall organise and coordinate , for a limited period of time , one or more of following operational and technical measures : ### the agency shall organise and coordinate one or more of following operational and technical measures :


### member states shall ensure that the experts that they contribute match the profiles and numbers decided upon by the management board . the duration of deployment shall be determined by the home member state but it shall not be less than 30 days . ### member states shall ensure that the experts that they contribute match the profiles and numbers decided upon by the management board . the duration of deployment shall be determined by the home member state but it shall not be less than 60 days .


### make use of all relevant sources of information , including its information analysis on the situation of asylum and other information gathered from governmental , non - governmental and international organisations , including through the networks referred to in article 9 , as well as union institutions , agencies , bodies , offices and the european external action service ; ### make use of all relevant sources of information , including its information analysis on the situation of asylum and other information gathered from governmental , non - governmental and international organisations , in particular unhcr , including through the networks referred to in article 9 , fact finding missions to countries of origin , as well as union institutions , agencies , bodies and offices and the european external action service and union delegations ;


### the agency shall , on its own initiative or at the request of the commission , and in consultation with the commission , develop operational standards on the implementation of the instruments of union law on asylum and indicators for monitoring compliance with those operational standards as well as guidelines and best practices related to the implementation of the instruments of union law on asylum . the agency shall , following consultation with the commission and after adoption by the management board , communicate those standards , indicators , guidelines or best practices to the member states . ### the agency shall , on its own initiative or at the request of the commission , and in consultation with the commission develop operational standards on the implementation of the instruments of union law on asylum and indicators for monitoring compliance with those operational standards as well as guidelines and best practices related to the implementation of the instruments of union law on asylum . in developing these guidelines , the agency shall consult with relevant judicial bodies and associations to ensure full respect for the independence of the judiciary . the agency shall , following consultation with the commission and after adoption by the management board , communicate those standards , indicators , guidelines or best practices to the member states .


### the agency shall cooperate with agencies , bodies and offices of the union having activities relating to its field of activity , in particular the european union agency for fundamental rights and the european agency for the management of operational cooperation at the external borders of the member states and which are competent in matters covered by this regulation . ### the agency shall cooperate with agencies , bodies and offices of the union having activities relating to its field of activity , in particular the european union agency for fundamental rights and the european border and coast guard agency and which are competent in matters covered by this regulation .


### manage and further develop a portal for gathering information on countries of origin ; ### manage and further develop a publicly accessible portal for gathering and disseminating information on countries of origin ;


### the executive director , after consultation with the commission , shall submit draft recommendations to the member state concerned outlining the necessary measures to address shortcomings identified in the monitoring report . the member state concerned shall be given one month to comment on the draft recommendations . after giving consideration to those comments , the management board shall adopt the recommendations and it shall invite the member state concerned to draw up an action plan outlining the measures to remedy any shortcomings . ### the executive director , after consultation with the commission , shall submit draft recommendations to the member state concerned outlining the necessary measures to address shortcomings identified in the monitoring report . the member state concerned shall be given one month to comment on the draft recommendations and ten days in the event of the situation referred to in point of paragraph 1 . after giving consideration to those comments , the management board shall adopt the recommendations and it shall invite the member state concerned to draw up an action plan outlining the measures to remedy any shortcomings .


### the european union agency for asylum should ensure a more structured and streamlined production of information on countries of origin at the level of the european union . it is necessary for the agency to gather information and draw up reports providing for country of origin information by making use of european networks on country of origin information so as to avoid duplication and create synergies with national reports . furthermore , to ensure convergence in the assessment of applications for international protection and the nature and quality of protection granted , the agency should , together with member states , engage in and develop a common analysis providing guidance on the situation in specific countries of origin . ### the european union agency for asylum should ensure a more structured and streamlined production of information on countries of origin at the level of the european union . it is necessary for the agency to gather information and draw up reports providing for country of origin information by making use of european networks on country of origin information so as to avoid duplication and create synergies with national reports . furthermore , to ensure convergence in the assessment of applications for international protection and the nature and quality of protection granted , the agency should , together with member states , engage in and develop a common analysis providing guidance on the situation in specific countries of origin . such common analysis should be developed in consultation with the united nations high commissioner for refugees , as well as in full respect of and in accordance with the most recent unhcr eligibility guidelines for assessing the international protection needs of asylum seekers from specific countries of origin . this common analysis should also take into account the unhcr country / situation specific position papers , where available . where there is a conflict between the common analysis and unhcr guidance , the latter should be carefully taken into account by member states when examining individual applications for international protection in accordance with the supervisory responsibility of the unhcr as set out in paragraph 8 of the statute of the office of the high commissioner for refugees , read in conjunction with article 35 of the 1951 convention relating to the status of refugees and article ii of the 1967 protocol relating to the status of refugees .


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


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


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


### a reporting and evaluation scheme containing benchmarks for the evaluation report and final date of submission of the final evaluation report ; ### a reporting and evaluation scheme containing benchmarks for the evaluation report , including with regard to respect of fundamental rights , and final date of submission of the final evaluation report ;


### on a proposal by the executive director , the management board shall decide on the composition and working methods of the consultative forum , including thematic or geographic - focused consultation groups , and the modalities of transmission of information to the consultative forum . ### on a proposal by the executive director , the management board shall decide on the composition of the consultative forum , taking into consideration the knowledge , expertise , diversity of civil society organisation and relevance to the agency ' s activities as well as the modalities of transmission of information to the consultative forum . the consultative forum shall , after consulting the management board and the executive director , define its working methods .


### the executive director shall transmit the draft report of the team of experts to the member state concerned , which shall provide its comments on that draft report . the executive director shall then submit the draft report , taking into account the comments of the member state concerned , to the management board . the management board shall adopt the monitoring report and transmit it to the commission . ### the executive director shall transmit the draft report of the team of experts to the member state concerned , which shall provide its comments on that draft report . the executive director shall then finalise the draft report after taking into account the comments of the member state concerned and transmit it to the european parliament and the commission .


### the agency shall , at the request of the commission , provide it with information on specific third countries which could be considered for inclusion in the common eu list of safe countries of origin in accordance with regulation no xxx / xxx . ### the agency shall provide the commission with information and independent analysis on the situation of specific third countries which could be considered for inclusion in the common eu list of safe countries of origin in accordance with regulation no xxx / xxx . the european parliament may request that the agency have access to this information and analysis .


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


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


### where in the event of disproportionate pressure on the asylum or reception systems a member state does not request the agency for operational and technical assistance or does not accept an offer by the agency for such assistance or does not take sufficient action to address that pressure , or where it does not comply with the commission ' s recommendations referred to in article 15 , thereby rendering the asylum or reception systems ineffective to the extent of jeopardising the functioning of the ceas , the commission may adopt a decision by means of an implementing act , identifying one or more of the measures set out in article 16 to be taken by the agency to support the member state concerned . that implementing act shall be adopted in accordance with the examination procedure referred to in article 64 . ### where , in the event of its asylum and reception system having to cope with a strong and pressing demand for international protection , a member state does not request the agency for operational and technical assistance or does not accept an offer by the agency for such assistance or does not take sufficient action to manage the influx of refugees and asylum seekers , or where it does not comply with the commission ' s recommendations referred to in article 15 , thereby rendering the asylum or reception systems ineffective to the extent of jeopardising the functioning of the ceas , the commission may adopt a decision by means of an implementing act , identifying one or more of the measures set out in article 16 to be taken by the agency to support the member state concerned . that implementing act shall be adopted in accordance with the examination procedure referred to in article 64 .


### executive director ### appointment of the executive director and the deputy executive director


### develop a common format and a common methodology including terms of reference , in line with the requirements of union law on asylum , for developing reports and other products with information on countries of origin at the level of the union . ### develop a common format and a common methodology including terms of reference for developing reports and other products with information on countries of origin at the level of the union in line with the requirements of international and union law on asylum with the involvement of external experts in particular from the unhcr , academia and relevant non - governmental organisations .


### the agency shall take the necessary initiatives to ensure that the experts who participate in the asylum support teams and the asylum intervention pool , have received specialist training relevant to their duties and functions prior to their participation in the operational activities organised by the agency . the agency shall conduct regular exercises with those experts in accordance with the specialist training and exercise schedule referred to in its annual work programme . ### the agency shall provide the experts who participate in the asylum support teams and the asylum intervention pool with the specialist training relevant to their duties and functions prior to their participation in the operational activities organised by the agency . the agency shall conduct regular exercises with those experts in accordance with the specialist training and exercise schedule referred to in its annual work programme .


### the executive director shall be a member of staff and shall be recruited as a temporary agent of the agency in accordance with article 2 of the conditions of employment of other servants . ### the executive director and the deputy executive director , who shall assist the executive director , shall be members of staff and shall be recruited as temporary agents of the agency in accordance with article 2 of the conditions of employment of other servants .


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


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


### the purpose of the efsi should be to help resolve the difficulties in financing and implementing productive investments in the union and to ensure increased access to financing . it is intended that increased access to financing should be of particular benefit to small and medium enterprises . it is also appropriate to extend the benefit of such increased access to financing to mid - cap companies , which are companies having up to 3000 employees . overcoming europe ' s current investment difficulties should contribute to strengthening the union ' s economic , social and territorial cohesion . ### the purpose of the efsi should be twofold : a ) to help resolve the difficulties in financing and implement productive investments in the union and b ) to ensure increased access to financing for small and medium enterprises and small mid - caps as well as innovative smes and innovative mid - caps . overcoming europe ' s current investment difficulties should contribute to strengthening the union ' s competitiveness , innovation potential , economic , social and territorial cohesion and energy and resource efficiency by transitioning into a sustainable and circular economy .


### investment in education and training , health , research and development , information and communications technology and innovation ; ### investment in education and training , health , research and development , including research and technology infrastructures relevant for innovation ;


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


### the efsi should target projects with a higher risk - return profile than existing eib and union instruments to ensure additionality over existing operations . the efsi should finance projects across the union , including in the countries most affected by the financial crisis . the efsi should only be used where financing is not available from other sources on reasonable terms . ### the efsi should target projects with a higher risk - return profile than existing eib and union instruments to ensure additionality and complementarity over existing operations . the efsi should finance projects across the union , with particular attention to those concerning countries most affected by the financial crisis . the efsi should only be used where financing is not available from other sources on reasonable terms .


### the efsi should target projects delivering high societal and economic value . in particular , the efsi should target projects that promote job creation , long - term growth and competitiveness . the efsi should support a wide range of financial products , including equity , debt or guarantees , to best accommodate the needs of the individual project . this wide range of products should allow the efsi to adapt to market needs whilst encouraging private investment in the projects . the efsi should not be a substitute for private market finance but should instead catalyse private finance by addressing market failures so as to ensure the most effective and strategic use of public money . the requirement for consistency with state aid principles should contribute to such effective and strategic use . ### the efsi should target projects delivering high societal and economic value . if public funds are used as a catalyst for the efsi , it is logical and necessary that the projects supported in this way should benefit not only those who have funded the project directly but also the local community . in particular , the efsi should target projects that promote job creation , long - term growth and competitiveness . the efsi should support a wide range of financial products , including equity , debt or guarantees , to best accommodate the needs of the individual project . this wide range of products should allow the efsi to adapt to market needs whilst encouraging private investment in the projects . the efsi should not be a substitute for private market finance but should instead catalyse private finance by addressing market failures so as to ensure the most effective and strategic use of public money . the requirement for consistency with state aid principles should contribute to such effective and strategic use .


### expansion of renewable energy and energy and resource efficiency ; ### investments in energy , expansion of renewable energy , energy efficiency and resource efficiency , with a particular focus on reducing energy demand through demand - side management and buildings refurbishments ;


### development of infrastructure , including in the areas of transport , particularly in industrial centres ; energy , in particular energy interconnections ; and digital infrastructure ; ### development of transport infrastructure , particularly in industrial centres ;


### the purpose of the efsi shall be to support investments in the union and to ensure increased access to financing for companies having up to 3000 employees , with a particular focus on small and medium enterprises , through the supply of risk bearing capacity to the eib . ### the purpose of the efsi shall be to support investments in the union through the supply of risk bearing capacity to the eib by : - providing long term , productive and strategic investments in the union , and by - ensuring increased access to financing for small and medium enterprises and small mid - caps , particularly innovative smes and mid - caps ,


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


### at the request of the european parliament , the managing director shall participate in a hearing of the european parliament on the performance of the efsi . ### the managing director shall appear once every six months before a hearing of the european parliament on the performance of the efsi and inform it of decisions made by the investment committee .


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


### infrastructure projects in the environmental , natural resources , urban development and social fields ; ### infrastructure and innovation projects in the digital single market , digital public administrations and public procurement , the environmental , natural resources , urban development and social fields


### the investment committee shall be composed of six independent experts and the managing director . independent experts shall have a high level of relevant market experience in project finance and be appointed by the steering board for a renewable fixed term of three years . ### the investment committee shall be composed of at least six independent experts and the managing director . independent experts shall have a high level of relevant market experience in project finance in the areas of investment projects as listed in article 5 . 2 . the investment committee shall be appointed by the steering board for a renewable fixed term of three years .


### the economic and financial crisis has led to a lowering of the level of investments within the union . investment has fallen by approximately 15% since its peak in 2007 . the union suffers in particular from a lack of investment as a consequence of market uncertainty regarding the economic future and the fiscal constraints on member states . this lack of investment slows economic recovery and negatively affects job creation , long - term growth prospects and competitiveness . ### the economic and financial crisis has led to a lowering of the level of investments within the union , especially with regard to energy infrastructure . investment has fallen by approximately 15% since its peak in 2007 . the union suffers in particular from a lack of investment as a consequence of market uncertainty regarding the economic future and the fiscal constraints on member states . this lack of investment , which has been particularly severe in certain member states slows economic recovery and negatively affects job creation , long - term growth prospects and competitiveness .


### the purpose of the efsi shall be to support investments in the union and to ensure increased access to financing for companies having up to 3000 employees , with a particular focus on small and medium enterprises , through the supply of risk bearing capacity to the eib . ### the purpose of the efsi shall be to support investments across the union through the supply of risk bearing capacity to the eib by : - providing long term , productive and strategic investments in the union , and by - ensuring increased access to financing for small and medium enterprises and small mid - caps , particularly innovative smes and mid - caps .


### in accordance with its own transparency policies on access to documents and information , the eib shall make publicly available on its website information relating to all eib financing and investment operations and how they contribute to the general objectives referred to in article 5 . ### in accordance with its own transparency policies on access to documents and information , the eib shall make publicly available on its website information relating to all eib financing and investment operations and how they contribute to the general objectives and criteria referred to in article 5 .


### since the objectives of this regulation , namely to support investments in the union and to ensure increased access to financing for companies having up to 3000 employees , cannot be sufficiently achieved by the member states by reason of the disparities in their fiscal capacity to act but can rather , by reason of its scale and effects , be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve those objectives , ### since the objectives of this regulation , cannot be sufficiently achieved by the member states by reason of the disparities in their fiscal capacity to act but can rather , by reason of its scale and effects , be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve those objectives ,


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


### the efsi should support strategic investments with high economic value added contributing to achieving union policy objectives . ### the efsi should support strategic investments with high economic and societal value added , promoting sustainable innovation , skills and local jobs , boosting the competitiveness of the eu and contributing to achieving union policy objectives


### infrastructure projects in the environmental , natural resources , urban development and social fields ; ### infrastructure projects in the fields of environment , natural resources focused on the strengthening of eco - system services , urban development and in the social sector ;


### the efsi agreement shall provide for the creation of a european investment advisory hub within the eib . the eiah shall have as its objective to build upon existing eib and commission advisory services in order to provide advisory support for investment project identification , preparation and development and act as a single technical advisory hub for project financing within the union . this shall include support on the use of technical assistance for project structuring , use of innovative financial instruments , use of public - private partnerships and advice , as appropriate , on relevant issues of eu legislation . ### the efsi agreement shall provide for the creation of a european investment advisory hub within the eib . the eiah shall have as its objective to build upon existing eib and commission advisory services in order to provide advisory support for investment project identification , preparation and development and act as a single technical advisory hub for project financing within the union . this shall include support on the use of technical assistance for project structuring , use of innovative financial instruments , use of public - private partnerships and advice , as appropriate , on fields and areas of eu legislation and policies with particular relevance for the objectives set out in article 5 paragraph 2 . eiah shall provide targeted support in those areas taking into account technical assistance needs and capacity building gaps whenever they surface across europe , irrespective of their geographic location .


### investment in education and training , health , research and development , information and communications technology and innovation ; ### investment in education and training , health , research and development , digitalisation , innovative pilot projects and innovation .


### in addition , the eu guarantee shall be granted for support of dedicated investment platforms and national promotional banks , via the eib , that invest in operations meeting the requirements of this regulation . in that case , the steering board shall specify policies regarding eligible investment platforms . ### in addition , the eu guarantee shall be granted for financing and investment operations conducted by dedicated investment platforms and national promotional banks or institutions , approved by the investment committee referred to in article 3 . the operations concerned shall be consistent with union policies and support the objectives under this paragraph , with a focus on transformative sectors with high added value such as small - scale energy efficiency and resource efficiency projects . the steering board shall specify policies regarding eligible investment platforms and regarding operations of dedicated investment platforms and national promotional banks or institutions in order to enjoy the eu guarantee under this article . moreover , the eib participation in dedicated investment platforms and national promotional banks can make use of the eu guarantee .


### the economic and financial crisis has led to a lowering of the level of investments within the union . investment has fallen by approximately 15% since its peak in 2007 . the union suffers in particular from a lack of investment as a consequence of market uncertainty regarding the economic future and the fiscal constraints on member states . this lack of investment slows economic recovery and negatively affects job creation , long - term growth prospects and competitiveness . ### the economic and financial crisis has led to a lowering of the level of investments within the union . investment has fallen by approximately 15% since its peak in 2007 . the union suffers , in particular those regions more affected by the crisis , from a lack of investment as a consequence of market uncertainty regarding the economic future and the fiscal constraints on member states . this lack of investment slows economic recovery and negatively affects job creation , long - term growth prospects and competitiveness . investment is a crucial component that will not only stimulate rapid economic and social recovery from the crisis , but also stimulate the creation of more and better jobs across the union .


### the purpose of the efsi shall be to support investments in the union and to ensure increased access to financing for companies having up to 3000 employees , with a particular focus on small and medium enterprises , through the supply of risk bearing capacity to the eib . ### the purpose of the efsi shall be to support investments in the union through the supply of risk bearing capacity to the eib by : - providing long term , productive and strategic investments in the union , and by - ensuring increased access to financing for small and medium enterprises and small mid - caps , particularly innovative smes and mid - caps ,


### alongside the financing operations that will be conducted through the efsi , a european investment advisory hub should be created . the eiah should provide strengthened support for project development and preparation across the union , by building on the expertise of the commission , the eib , national promotional banks and the managing authorities of the european structural and investment funds . this should establish a single point of entry for questions related to technical assistance for investments within the union . ### alongside the financing operations that will be conducted through the efsi , a european investment advisory hub should be created . the eiah should provide strengthened support for project development , preparation and aggregation across the union , by building on the expertise of the commission , the eib , national promotional banks , the managing authorities of the european structural and investment funds and best practices from projects such as elena and the eeif . this should establish a single point of entry for questions related to technical assistance for investments within the union .


### the investment committee shall be composed of six independent experts and the managing director . independent experts shall have a high level of relevant market experience in project finance and be appointed by the steering board for a renewable fixed term of three years . ### the investment committee shall be composed of six independent experts and the managing director . independent experts shall have a high level of relevant market experience in project finance , as well as in regional economic and social development and be appointed by the steering board for a renewable fixed term of three years .


### at the request of the european parliament , the managing director shall participate in a hearing of the european parliament on the performance of the efsi . ### the managing director shall participate annually in a hearing of the european parliament on the performance of the efsi .


### the efsi agreement shall provide that the efsi shall have an investment committee , which shall be responsible for examining potential operations in line with the efsi investment policies and approving the support of the eu guarantee for operations in line with article 5 , irrespective of their geographic location . ### the efsi agreement shall provide that the efsi shall have an investment committee , which shall be responsible for examining potential operations in line with the efsi investment policies and approving the support of the eu guarantee for operations in line with article 5 , irrespective of their geographic location and taking into consideration the principle of overall harmonious development of all regions of the union .


### in addition , the eu guarantee shall be granted for support of dedicated investment platforms and national promotional banks , via the eib , that invest in operations meeting the requirements of this regulation . in that case , the steering board shall specify policies regarding eligible investment platforms . ### in addition , the eu guarantee shall be granted for financing and investment operations conducted by dedicated investment platforms and national promotional banks or institutions , approved by the investment committee referred to in article 3 . the operations concerned shall be consistent with union policies and support the objectives under this paragraph , with a focus on transformative sectors with high added value such as small - scale energy efficiency and resource efficiency projects or based new technologies available thanks to the development of the internet of things . the steering board shall specify policies regarding eligible investment platforms and regarding operations of dedicated investment platforms and national promotional banks or institutions in order to enjoy the eu guarantee under this article . moreover , the eib participation in dedicated investment platforms and national promotional banks can make use of the eu guarantee . where applicable national or regional investment platforms shall involve competent public authorities , economic and social partners and relevant bodies representing civil society in line with article 5 and chapter ii of regulation no 1303 / 2013 .


### at the latest [ po insert date : 18 months after the entry into force of this regulation ] the eib shall evaluate the functioning of the efsi . the eib shall submit its evaluation to the european parliament , the council and the commission ; ### at the latest [ po insert date : 12 months after the entry into force of this regulation ] the eib shall evaluate the functioning of the efsi . the eib shall submit its evaluation annually to the european parliament , the council and the commission ;


### the efsi should target projects with a higher risk - return profile than existing eib and union instruments to ensure additionality over existing operations . the efsi should finance projects across the union , including in the countries most affected by the financial crisis . the efsi should only be used where financing is not available from other sources on reasonable terms . ### the efsi should target projects with a higher risk - return profile than existing eib and union instruments to ensure additionality over existing operations . an even higher risk profile should be accepted for research , development and innovation projects . the efsi should finance projects across the union , including in the countries most affected by the financial crisis . the efsi should only be used where financing is not available from other sources on reasonable terms .


### to meet that objective , the eiah shall use the expertise of the eib , the commission , national promotional banks and the managing authorities of the european structural and investment funds . ### to meet that objective , the eiah shall use the expertise of the eib , the commission , national promotional banks and the managing authorities of the european structural and investment funds and involve partners according to article 5 of the regulation eu no 1303 / 2013 . the eiah shall especially build upon the good practices in programmes such as elena and the eeif ;


### in accordance with the treaty on the functioning of the european union , infrastructure and project investments supported under efsi should be consistent with state aid rules . to that end , the commission has announced that it will formulate a set of core principles , for the purpose of state aid assessments , which a project will have to meet to be eligible for support under the efsi . if a project meets these criteria and receives support from the efsi , the commission has announced that any national complementary support , will be assessed under a simplified and accelerated state aid assessment whereby the only additional issue to be verified by the commission will be the proportionality of public support . the commission has also announced that it will provide further guidance on the set of core principles with a view to ensuring an efficient use of public funds . ### in accordance with the treaty on the functioning of the european union , infrastructure and project investments supported under efsi should be consistent with state aid rules . to that end , the commission has announced that it will formulate a set of core principles , for the purpose of state aid assessments , which a project will have to meet to be eligible for support under the efsi . if a project meets these criteria and receives support from the efsi , the commission has announced that any national complementary support , will be assessed under a simplified and accelerated state aid assessment whereby the only additional issue to be verified by the commission will be the proportionality of public support . the commission has also announced that it will provide further guidelines on the set of core principles with a view to ensuring an efficient use of public funds that will have to ensure compliance with existing sectoral legislation on state aid in the case of projects that provide for the partial use of non - repayable public finance .


### at the level of projects , third parties may co - finance together with efsi on a project - by - project basis or in investment platforms related to specific geographic or thematic sectors . ### at the level of projects , third parties may co - finance together with efsi on a project - by - project basis or in investment platforms related to specific geographic or thematic sectors . special attention should be given to investment platforms that focus on transformative sectors with high economic and societal added value , and investment platforms that aggregate small scale sustainable and innovative projects , notably driven by regions , cities and smes ; for example energy efficiency projects such as the refurbishment of building stock and smart grids projects such as digital infrastructure modernization and new citizen services based on digital innovative tools .


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


### the efsi should target projects delivering high societal and economic value . in particular , the efsi should target projects that promote job creation , long - term growth and competitiveness . the efsi should support a wide range of financial products , including equity , debt or guarantees , to best accommodate the needs of the individual project . this wide range of products should allow the efsi to adapt to market needs whilst encouraging private investment in the projects . the efsi should not be a substitute for private market finance but should instead catalyse private finance by addressing market failures so as to ensure the most effective and strategic use of public money . the requirement for consistency with state aid principles should contribute to such effective and strategic use . ### the efsi should target projects delivering high societal , sustainable and economic added value . in particular , the efsi should target projects that promote sustainable , on site job creation , sustainable long - term growth and competitiveness and contribute to the attainment of the eu’s climate and energy targets . experience from the implementation of tried and tested projects and initiatives may be taken into account in the selection of projects , such as from the energy efficiency projects elena and eeif or from the public - private partnership ‘ factories of the future’ in the area of the digitisation of manufacturing industry . the efsi should support a wide range of financial products , including equity , debt or guarantees , to best accommodate the needs of the individual project . this wide range of products should allow the efsi to adapt to market needs whilst encouraging private investment in the projects . the efsi should not be a substitute for private market finance but should instead catalyse private finance by addressing market failures so as to ensure the most effective and strategic use of public money . the requirement for consistency with state aid principles should contribute to such effective and strategic use .


### the efsi should target projects with a higher risk - return profile than existing eib and union instruments to ensure additionality over existing operations . the efsi should finance projects across the union , including in the countries most affected by the financial crisis . the efsi should only be used where financing is not available from other sources on reasonable terms . ### the efsi should target projects with a higher risk - return profile than existing eib and union instruments and finance the riskier tranche of them to ensure additionality and complementarity over existing operations . the efsi should aim at financing projects across the whole of the union , above all where investment in percentage of gdp has substantially declined by taking into account the criteria of additionality and high risk profile in its investment policies . the efsi should only be used where financing is not available from other sources .


### the purpose of the efsi should be to help resolve the difficulties in financing and implementing productive investments in the union and to ensure increased access to financing . it is intended that increased access to financing should be of particular benefit to small and medium enterprises . it is also appropriate to extend the benefit of such increased access to financing to mid - cap companies , which are companies having up to 3000 employees . overcoming europe’s current investment difficulties should contribute to strengthening the union’s economic , social and territorial cohesion . ### the purpose of the efsi should be to help resolve the difficulties in financing and implementing productive investments in the union and to ensure increased access to financing . it is intended that increased access to financing should be of particular benefit to small and medium enterprises . it would also be appropriate , if resources permit , to extend the benefit of such increased access to financing to mid - cap companies . overcoming europe’s current investment difficulties should contribute to strengthening the union’s economic , social and territorial cohesion .


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


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


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


### the eu guarantee shall be granted for eib financing and investment operations approved by the investment committee referred to in article 3 or funding to the eif in order to conduct eib financing and investment operations in accordance with article 7 . the operations concerned shall be consistent with union policies and support any of the following general objectives : ### the eu guarantee shall be granted for eib financing and investment operations , focused at fostering the transition towards a smart , sustainable and decarbonized economy and at speeding up the transition towards a digital economy , based on the smart use of new available technologies approved by the investment committee referred to in article 3 or funding to the eif in order to conduct eib financing and investment operations in accordance with article 7 . the operations concerned shall be consistent with union policies and support any of the following general objectives :


### the purpose of the efsi should be to help resolve the difficulties in financing and implementing productive investments in the union and to ensure increased access to financing . it is intended that increased access to financing should be of particular benefit to small and medium enterprises . it is also appropriate to extend the benefit of such increased access to financing to mid - cap companies , which are companies having up to 3000 employees . overcoming europe ' s current investment difficulties should contribute to strengthening the union ' s economic , social and territorial cohesion . ### the purpose of the efsi should be twofold : a ) to help resolve the difficulties in financing and implement productive investments in the union and b ) to ensure increased access to financing for small and medium enterprises and small mid - caps as well as innovative smes and innovative mid - caps . overcoming europe ' s current investment difficulties should contribute to strengthening the union ' s competitiveness , innovation potential , economic , social and territorial cohesion and energy and resource efficiency by transitioning into a sustainable and circular economy .


### the efsi agreement shall provide that the efsi shall have an investment committee , which shall be responsible for examining potential operations in line with the efsi investment policies and approving the support of the eu guarantee for operations in line with article 5 , irrespective of their geographic location . ### the efsi agreement shall provide that the efsi shall have an investment committee , which shall be responsible for examining potential operations in line with the efsi investment policies and approving the support of the eu guarantee for operations : in line with article 5 ; in line with the eu climate and energy objectives for 2020 , 2030 and 2050 ; as to avoid jeopardizing these objectives or creating lock - in effects into technologies , production processes or infrastructures that are at the risk of stranding ; with a demonstrable economic , societal and sustainable added value promoting eu innovations , skills , jobs and competitiveness ; and irrespective of their geographic location .


### requirements governing the use of the eu guarantee , including within specific time frames and key performance indicators ; ### requirements governing the use of the eu guarantee , such as the compliance with the objectives and eligibility criteria set out in article 5 . 2 and 5 . 2 a , as well as specific time frames and key performance indicators


### many small and medium enterprises , as well as mid - cap companies , across the union require assistance to attract market financing , especially as regards investments that carry a greater degree of risk . the efsi should help these businesses to overcome capital shortages by allowing the eib and the european investment fund to provide direct and indirect equity injections , as well as to provide guarantees for high - quality securitisation of loans , and other products that are granted in pursuit of the aims of the efsi . ### many small and medium enterprises , as well as small and / or innovative mid - cap companies , across the union require assistance to attract market financing , especially as regards investments that carry a greater degree of risk . the efsi should help these businesses to overcome capital shortages by allowing the eib where relevant ) to provide direct and indirect equity injections , as well as to provide guarantees for high - quality securitisation of loans , and other products that are granted in pursuit of the aims of the efsi .


### requirements governing the use of the eu guarantee , including within specific time frames and key performance indicators ; ### requirements governing the use of the eu guarantee , such as the compliance with the objectives and eligibility criteria set out in article 5 . 2 and 5 . 2 a , as well as specific time frames and key performance indicators , including direct job creation and sme participation ;


### alongside the financing operations that will be conducted through the efsi , a european investment advisory hub should be created . the eiah should provide strengthened support for project development and preparation across the union , by building on the expertise of the commission , the eib , national promotional banks and the managing authorities of the european structural and investment funds . this should establish a single point of entry for questions related to technical assistance for investments within the union . ### alongside the financing operations that will be conducted through the efsi , a european investment advisory hub should be created . the eiah should provide strengthened support for project development , preparation and aggregation across the union , by building on the expertise of the commission , the eib , national promotional banks , the managing authorities of the european structural and investment funds and best practices from projects such as elena and the eeif . this should establish a single point of entry for questions related to technical assistance for investments within the union .


### requirements governing the use of the eu guarantee , including within specific time frames and key performance indicators ; ### requirements governing the use of the eu guarantee , including within specific time frames , key projects and fields of financing set out in article 5 . 2 and key performance indicators ;


### at the latest [ po insert date : 18 months after the entry into force of this regulation ] the commission shall evaluate the use of the eu guarantee and the functioning of the guarantee fund , including the use of endowments according to article 8 . the commission shall submit its evaluation to the european parliament and the council . ### at the latest [ po insert date : 12 months after the entry into force of this regulation ] the commission shall evaluate the use of the eu guarantee and the functioning of the guarantee fund , including the use of endowments according to article 8 . the commission shall submit its evaluation annually to the european parliament and the council


### an assessment of the added value , the mobilisation of private sector resources , the estimated and actual outputs , outcomes and impact of eib financing and investment operations at an aggregated basis ; ### an assessment of the economic and societal added value , the mobilisation of private sector resources , the estimated and actual outputs , outcomes and impact of eib financing and investment operations at an aggregated basis , this includes the impact on the creation of future oriented , sustainable and local jobs , the sustainable transition and decarbonisation of the eu ' s economy , the preservation and increase of the viability of ecosystem services , the diminishing of eu ' s dependency on energy and natural resources , the increase of the competiveness and the innovation potential of the union ' s economy ;


### in all those situations , traders may in some cases be prevented from selling goods or providing services to certain customers or to customers in certain territories , for reasons related to the nationality , place of residence or place of establishment of the customer , as a consequence of a specific prohibition or a requirement laid down in union law or in the laws of member states in accordance with union law . laws of member states may also require , in accordance with union law , traders to respect certain rules on the pricing of books . traders should not be prevented from complying with such laws in as far as necessary . ### in all those situations , traders may in some cases be prevented from selling goods or providing services to certain customers or to consumers in certain territories , for reasons related to the nationality or place of residence or of the consumer , as a consequence of a specific prohibition or a requirement laid down in union law or in the laws of member states in accordance with union law . laws of member states may also require , in accordance with union law , traders to respect certain rules on the pricing of books . traders should not be prevented from complying with such laws in as far as necessary .


### this regulation seeks to contribute to the proper functioning of the internal market by preventing discrimination based , directly or indirectly , on the nationality , place of residence or place of establishment of customers . ### the purpose of this regulation is to contribute to the proper functioning of the internal market and to achieve a high level of consumer ' s protection by preventing discrimination based , directly or indirectly , on the nationality or place of residence of consumers .


### in the event of such redirection with the customer ' s explicit consent , the original version of the online interface shall remain easily accessible for that customer . ### in the event of such redirection , the version of the online interface which the consumer initially sought to access shall remain easily accessible by the consumer .


### the first of those situations is where the trader sells goods and there is no cross - border delivery of those goods by or on behalf of the trader to the member state where the customer resides . in that situation the customer should be able to purchase goods , under exactly the same conditions , including price and conditions relating to the delivery of the goods , as similar customers who are residents of the member state of the trader . that may mean that a foreign customer will have to pick up the good in that member state , or in a different member state to which the trader delivers . in this situation , there is no need to register for value added tax in the member state of the customer , nor arrange for the cross - border delivery of goods . ### the first of those situations is where the trader sells goods and there is no cross - border delivery of those goods by or on behalf of the trader to the member state where the consumer resides . in that situation the consumer should be able to purchase goods under exactly the same conditions , including as to price and conditions relating to the delivery of the goods , as similar consumers who are residents of the member state of the trader . the trader may offer delivery in his or her general terms and conditions or may offer therein the possibility to collect the goods at a location to be agreed upon in a member state other than the member state where the consumer has his or her place of residence . that may mean that a foreign consumer will have to pick up the good in that member state , or in a member state different from that to which the trader delivers . in this situation , there is no need to register for value added tax in the member state of the consumer .


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


### traders shall not apply different general conditions of access to their goods or services , for reasons related to the nationality , place of residence or place of establishment of the customer , in the following situations : ### traders shall not apply different general conditions of access to their goods or services , for reasons related to the country of origin or place of residence of the consumer , where :


### since the objective of this regulation , namely the prevention of direct and indirect discrimination based on nationality , place of residence or place of establishment of customers , including geo - blocking , in commercial transactions with traders within the union , cannot be sufficiently achieved by member states , due to the cross - border nature of the problem and the insufficient clarity of the existing legal framework , but can rather , by reason of its scale and potential effect on trade in the internal market be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve that objective . ### since the objective of this regulation , namely the prevention of direct and indirect discrimination based on country of origin or place of residence of consumers , including geo - blocking , in commercial transactions with traders within the union , cannot be sufficiently achieved by member states , due to the cross - border nature of the problem and the insufficient clarity of the existing legal framework , but can rather , by reason of its scale and potential effect on trade in the internal market be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve that objective .


### where the trader provides electronically supplied services , other than services the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter ; ### receive electronically supplied services from the trader , other than services the main feature of which is the provision of access to and use of copyright - protected works or other protected subject matter ;


### this regulation shall not affect acts of union law concerning judicial cooperation in civil matters . compliance with this regulation shall not be construed as implying that a trader directs his or her activities to the member state where the consumer has the habitual residence or domicile within the meaning of point of article 6 of regulation no 593 / 2008 and point of article 17 of regulation 1215 / 2012 . ### this regulation shall not affect acts of union law concerning judicial cooperation in civil matters . compliance with this regulation and in particular traders activities in accordance with article 3 , 4 and 5 of this regulation shall not be construed as implying that a trader directs his or her activities to actively approach single consumers in the member state where the consumer has the habitual residence within the meaning of point of article 6 of regulation no 593 / 2008 and point of article 17 of regulation 1215 / 2012 , in the situations when they are not blocking or limiting consumers ' access to his / her online interface , not redirecting consumers to a different online interface and are not applying different general conditions of access or pricing .


### traders shall not , for reasons related to the nationality , place of residence or place of establishment of the customer , redirect customers to a version of their online interface that is different from the online interface which the customer originally sought to access , by virtue of its layout , use of language or other characteristics that make it specific to customers with a particular nationality , place of residence or place establishment , unless the customer gives his or her explicit consent prior to such redirection . ### traders shall not , for reasons related to the nationality or place of residence of the consumer , redirect consumers to a version of their online interface that is different from the online interface which the customer originally sought to access , by virtue of its layout , use of language or other characteristics that make it specific to customers with a particular nationality or place of residence , unless the consumer gives his or her explicit consent prior to such redirection .


### under union law , traders are in principle free to decide which means of payment they wish to accept , including payment brands . however , once this choice has been made , in view of the existing legal framework for payment services , there are no reasons for traders to discriminate customers within the union by refusing certain commercial transactions , or by otherwise applying certain different conditions of payment in respect of those transactions , for reasons related to the nationality , place of residence or place of establishment of the customer . in this particular context , such unjustified unequal treatment for reasons related to the location of the payment account , the place of establishment of the payment service provider or the place of issue of the payment instrument within the union should be expressly prohibited as well . it should be further recalled that regulation no 260 / 2012 already prohibits all payees , including traders , from requiring bank accounts to be located in a certain member state for a payment in euro to be accepted . ### under union law , traders are in principle free to decide which means of payment they wish to accept . in accordance with the rules of regulation 2015 / 751 and directive 2015 / 2366 , retailers accepting a card - based payment instrument of a specific brand and category are not under an obligation to accept card - based payment instruments of the same category but of a different brand . likewise retailers accepting a debit card of a given brand are under no obligation to accept credit card of that brand , or when accepting consumer credit cards of a given brand also to accept commercial credit card of the same brand . equally , a trader accepting credit transfers or direct debits is under no obligation to accept the payment , if this requires entering into a new or modified contract with a payment service provider . however , once this choice has been made , there are no reasons for traders to discriminate consumers within the union by refusing certain commercial transactions , or by otherwise applying certain different conditions of payment in respect of those transactions , for reasons related to the nationality or place of residence of the customer . in this particular context , such unjustified unequal treatment for reasons related to the location of the payment account , the place of establishment of the payment service provider or the place of issue of the payment instrument within the union should be expressly prohibited as well . it should be further recalled that regulation no 260 / 2012 already prohibits all payees , including traders , from requiring bank accounts to be located in a certain member state for a payment in euro to be accepted . the trader should remain free to request charges for the use of a payment instrument . however , this right is subject to the restrictions introduced by article 62 of directive 2015 / 2366 .


### with a view to facilitating the effective enforcement of the rules laid down in this regulation , the mechanisms to ensure cross - border cooperation among competent authorities provided for in regulation no 2006 / 2004 of the european parliament and of the council30 should also be available in relation to those rules . however , as regulation no 2006 / 2004 only applies with respect to laws that protect consumers ' interests , those measures should be available only when the customer is a consumer . regulation no 2006 / 2004 should therefore be amended accordingly . __________________ 30 regulation no 2006 / 2004 of the european parliament and of the council of 27 october 2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws . ### with a view to facilitating the effective enforcement of the rules laid down in this regulation , the mechanisms to ensure cross - border cooperation among competent authorities provided for in regulation no 2006 / 2004 of the european parliament and of the council30 should also be available in relation to those rules . __________________ 30 regulation no 2006 / 2004 of the european parliament and of the council of 27 october 2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws .


### where the trader sells goods and those goods are not delivered cross - border to the member state of the customer by the trader or on his or her behalf ; ### where the trader sells goods and those goods are delivered cross - border to the to a location in a member state to which the trader offers delivery in his general conditions of access or , are collected at a location agreed upon between the trader and the consumer in a member state in which the trader offers such option ;


### traders falling under the special scheme provided in chapter 1 of title xii of council directive 2006 / 112 / ec27 are not required to pay vat . for those traders , when providing electronically supplied services , the prohibition of applying different general conditions of access for reasons related to the nationality , place of residence or place of establishment of the customer would imply a requirement to register in order to account for vat of other member states and might entail additional costs , which would be a disproportionate burden , considering the size and characteristics of the traders concerned . therefore , those traders should be exempted from that prohibition for such time as such a scheme is applicable . __________________ 27 council directive 2006 / 112 / ec of 28 november 2006 on the common system of value added tax ### traders falling under the special scheme provided in chapter 1 of title xii of council directive 2006 / 112 / ec27 are not required to pay vat . for those traders , when providing electronically supplied services , the prohibition of applying different general conditions of access for reasons related to the nationality or place of residence of the consumer would imply a requirement to register in order to account for vat of other member states and might entail additional costs , which would be a disproportionate burden , considering the size and characteristics of the traders concerned . therefore , those traders should be exempted from that prohibition for such time as such a scheme is applicable . __________________ 27 council directive 2006 / 112 / ec of 28 november 2006 on the common system of value added tax


### where the trader sells goods , provides services , or seeks to do so , in the same member state as the one in which the customer has the place of residence or place of establishment , but the customer is a national of another member state ; ### where the trader sells goods , provides services , or seeks to do so , in a member state , and the consumer is a national of another member state ;


### in all those situations , traders may in some cases be prevented from selling goods or providing services to certain customers or to customers in certain territories , for reasons related to the nationality , place of residence or place of establishment of the customer , as a consequence of a specific prohibition or a requirement laid down in union law or in the laws of member states in accordance with union law . laws of member states may also require , in accordance with union law , traders to respect certain rules on the pricing of books . traders should not be prevented from complying with such laws in as far as necessary . ### in all those situations , traders may in some cases be prevented from selling goods or providing services to certain consumers or to consumers in certain member states , for reasons related to the nationality , place of residence or temporary location of the consumer , as a consequence of a specific prohibition or a requirement laid down in union law or in the laws of a member state in accordance with union law .


### the prohibitions set out in paragraphs 1 and 2 shall not apply where the blocking , limitation of access or redirection with respect to certain customers or to customers in certain territories is necessary in order to ensure compliance with a legal requirement in union law or in the laws of member states in accordance with union law . ### the prohibitions set out in paragraphs 1 and 2 shall not apply where the blocking or limitation of clients ' access to the trader ' s online interface or redirection with respect to certain consumers or to consumers in certain territories is necessary in order to ensure compliance with a legal requirement in union law or in the laws of member states in accordance with union law , to which the trader ' s activities are subject .


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


### in all those situations , by virtue of the provisions on the law applicable to contractual obligations and on jurisdiction set out in regulations no 593 / 2008 and 1215 / 2012 , where a trader does not pursue his activities in the member state of the consumer or does not direct his activities there , or where the customer is not a consumer , compliance with this regulation does not imply any additional costs for the trader associated with jurisdiction or differences in applicable law . where , in contrast , a trader does pursue his activities in the consumer ' s member state or does direct his activities there , the trader has manifested its intention to establish commercial relations with consumers from that member state and thus been able to take account of any such costs . ### in all those situations , by virtue of the provisions on the law applicable to contractual obligations and on jurisdiction set out in regulations no 593 / 2008 and 1215 / 2012 , where a trader does not pursue his activities in the member state of the consumer or does not direct his activities there , compliance with this regulation does not imply any additional obligation for the trader associated with jurisdiction or differences in applicable law .


### where the trader provides electronically supplied services , other than services the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter ; ### where the trader provides electronically supplied services , other than services the main feature of which is the provision of access to or use of copyright protected works or other protected subject matter , or sells copyright protected works or protected subject matter in an intangible form ;


### where the trader sells goods , provides services , or seeks to do so , in a member state other than the member state in which the customer has the place of residence or the place of establishment ; ### where the trader sells goods or provides services , including non - audio - visual copyright - protected works and services , or seeks to do so , in a member state other than the member state in which the consumer has the place of residence ;


### finally , in the situation where the trader provides services and those services are received by the customer in the premises of or at a location chosen by the trader and different from the member state of which the customer is a national or in which the customer has his or her place of residence or place of establishment , the application of different general conditions of access for reasons related to such criteria should not be justified either . those situations concern , as the case may be , the provision of services such as hotel accommodation , sport events , car rental , and entry tickets to music festivals or leisure parks . in those situations , the trader does not have to register for vat in another member state nor arrange for cross - border delivery of goods . ### finally , in the situation where the trader provides services and those services are received by the consumer in the premises of or at a location chosen by the trader and different from the member state of which the consumer is a national or in which the consumer has his or her place of residence , the application of different general conditions of access for reasons related to such criteria should not be justified either . those situations concern , as the case may be , the provision of services such as hotel accommodation , sport events , car rental , and entry tickets to music festivals or leisure parks . in those situations , the trader does not have to register for vat in another member state .


### where a trader blocks or limits access of customers to an online interface or redirects customers to a different version of the online interface in compliance with paragraph 4 , the trader shall provide a clear justification . that justification shall be given in the language of the online interface that the customer originally sought to access . ### where a trader blocks or limits access of customers to an online interface or redirects customers to a different version of the online interface in compliance with paragraph 3 , the trader shall provide a clear explanation to the customers concerned . that explanation shall be given in the language of the online interface that the customer first sought to access .