### member states shall put in place a database enabling tracing of transport fuels that are eligible for counting towards the numerator set out in paragraph 1 , and require the relevant economic operators to enter information on the transactions made and the sustainability characteristics of the eligible fuels , including their life cycle greenhouse gas emissions , starting from their point of production to the fuel supplier that places the fuel on the market . ### member states shall put in place a database enabling tracing of transport fuels that are eligible for counting towards the numerator set out in paragraph 1 , and require the relevant economic operators to enter information on the transactions made and the sustainability characteristics of the eligible fuels , including their entire life cycle greenhouse gas emissions , starting from the source of the feedstocks to the end - of - life phase of the fuel .


### ' energy from renewable sources ' means energy from renewable non - fossil sources , namely wind , solar and , geothermal energy , ambient heat , tide , wave and other ocean energy , hydropower , biomass , landfill gas , sewage treatment plant gas and biogases ; ### ' energy from renewable sources ' means energy from renewable non - fossil sources , namely wind , solar and geothermal energy , ambient heat , tide , wave and other ocean energy , hydropower , biomass , landfill gas , sewage treatment plant gas and biogases and recovered heat from buildings and processes ;


### several member states have implemented measures in the heating and cooling sector to reach their 2020 renewable energy target . however , in the absence of binding national targets post - 2020 , the remaining national incentives may not be sufficient to reach the long - term decarbonisation goals for 2030 and 2050 . in order to be in line with such goals , reinforce investor certainty and foster the development of a union - wide renewable heating and cooling market , while respecting the energy efficiency first principle , it is appropriate to encourage the effort of member states in the supply of renewable heating and cooling to contribute to the progressive increase of the share of renewable energy . given the fragmented nature of some heating and cooling markets , it is of utmost importance to ensure flexibility in designing such an effort . it is also important to ensure that a potential uptake of renewable heating and cooling does not have detrimental environmental side - effects . ### several member states have implemented measures in the heating and cooling sector to reach their 2020 renewable energy target . however , in the absence of binding national targets post - 2020 , the remaining national incentives may not be sufficient to reach the long - term decarbonisation goals for 2030 and 2050 . in order to be in line with such goals , reinforce investor certainty and foster the development of a union - wide renewable heating and cooling market , while respecting the energy efficiency first principle , it is appropriate to require member states to set binding renewable energy targets in the heating and cooling sector . given the fragmented nature of some heating and cooling markets , it is of utmost importance to ensure flexibility in designing and implementing such a requirement and to ensure that those member states already enjoying high penetration rates of renewables are not overly burdened . it is also important to ensure that a potential uptake of renewable heating and cooling does not have detrimental environmental side - effects and , to that end , the sustainability criteria for biomass are important . given that many installers of heating and cooling equipment are smes , strengthened provisions in this sector will represent an important opportunity for their growth , and member states should provide incentives to smes by applying a multiplication factor .


### ‘ ambient heat’ means heat energy at a useful temperature level which is extracted or captured by means of heat pumps that need electricity or other auxiliary energy to function , and which can be stored in the ambient air , beneath the surface of solid earth or in surface water . the reported values shall be established on the basis of the same methodology used for the reporting of heat energy extracted or captured by heat pumps ; ### ‘ ambient heat’ means energy for the production of heating or cooling at a useful temperature level by means of heat pumps as defined by directive 2010 / 31 / eu . the reported values shall be established on the basis of the same methodology used for the reporting of energy transferred by heat pumps ;


### ‘ ambient heat’ means heat energy at a useful temperature level which is extracted or captured by means of heat pumps that need electricity or other auxiliary energy to function , and which can be stored in the ambient air , beneath the surface of solid earth or in surface water . the reported values shall be established on the basis of the same methodology used for the reporting of heat energy extracted or captured by heat pumps ; ### ‘ ambient energy’ means thermal energy at a useful temperature level which is extracted or captured by means of heat pumps that need electricity or other auxiliary energy to function , and which can be stored in the ambient air , beneath the surface of solid earth , in surface water or in sewage water . the reported values shall be established on the basis of the same methodology used for the reporting of heat energy extracted or captured by heat pumps ;


### member states shall ensure that no guarantees of origin are issued to a producer that receives financial support from a support scheme for the same production of energy from renewable sources . member states shall issue such guarantees of origin and transfer them to the market by auctioning them . the revenues raised as a result of the auctioning shall be used to offset the costs of renewables support . ### member states shall ensure that , in the case of new renewable energy installations commissioned after . . . [ date of the entry into force of this directive ] , no guarantees of origin are issued to a producer that receives financial support from a support scheme for the same production of energy from renewable sources , unless double compensation is avoided . it shall be presumed that there is no double compensation where : financial support is granted by way of a tender procedure ; the value of the guarantees of origin is administratively taken into account in the level of financial support ; or where guarantees of origin are not issued to a producer that receives financial support from a support scheme , member states shall issue such guarantees of origin and transfer them to the market by auctioning them . the revenues raised as a result of the auctioning shall be used to offset the costs of renewables support . member states may issue guarantees of origin to renewable energy providers under competitive conditions .


### ‘ biomass’ means the biodegradable fraction of products , waste and residues from biological origin from agriculture , including vegetal and animal substances , forestry and related industries including fisheries and aquaculture , as well as the biodegradable fraction of waste , including industrial and municipal waste of biological origin ; ### ‘ biomass’ means products , waste and residues from biological origin from agriculture , including vegetal and animal substances , forestry and related industries including fisheries and aquaculture , as well as waste , including industrial and municipal waste of biological origin ;


### the single administrative contact point , in collaboration with transmission and distribution system operators , shall publish a manual of procedures for renewable project developers , including for small scale projects and renewable self - consumers projects . ### the single administrative contact point , in collaboration with transmission and distribution system operators , shall publish a manual of procedures for renewable project developers , including for small scale projects and renewable self - consumers projects and renewable energy community projects .


### ‘ renewable self - consumer’ means an active customer as defined in directive [ mdi directive ] who consumes and may store and sell renewable electricity which is generated within his or its premises , including a multi - apartment block , a commercial or shared services site or a closed distribution system , provided that , for non - household renewable self - consumers , those activities do not constitute their primary commercial or professional activity ; ### ' renewable self - consumer ' means an active customer as defined in directive [ mdi directive ] who consumes and may store and sell electricity which he self - generates within his premises on a same geographically confined site , without the use of the public grid ;


### where an electricity supplier is required to prove the share or quantity of energy from renewable sources in its energy mix for the purposes of article 3 of directive 2009 / 72 / ec , it shall do so by using guarantees of origin . likewise , guarantees of origin created pursuant to article 14 of directive 2012 / 27 / ec shall be used to substantiate any requirement to prove the quantity of electricity produced from high - efficiency cogeneration . member states shall ensure that transmission losses are fully taken into account when guarantees of origin are used to demonstrate consumption of renewable energy or electricity from high efficiency cogeneration . ### where an electricity supplier is required to prove the share or quantity of energy from renewable sources in its energy mix for the purposes of article 3 of directive 2009 / 72 / ec , it may do so by using guarantees of origin . where member states have arranged to have guarantees of origin for other types of energy , suppliers shall always use for disclosure the same type of guarantees of origin as the energy supplied . likewise , guarantees of origin created pursuant to article 14 of directive 2012 / 27 / ec may be used to substantiate any requirement to prove the quantity of electricity produced from high - efficiency cogeneration . in relation to paragraph 2 , where electricity is generated from cogeneration using renewable sources only one guarantee of origin may be issued specifying both characteristics .


### electricity generation from renewable sources should be deployed at the lowest possible cost for consumers and taxpayers . when designing support schemes and when allocating support , member states should seek to minimise the overall system cost of deployment , taking full account of grid and system development needs , the resulting energy mix , and the long term potential of technologies . ### electricity generation from renewable sources , including energy storage , should be deployed on the basis of criteria of lowest possible cost for consumers and taxpayers , with this including not only social - economic costs but also environmental costs . when designing support schemes and when allocating support , member states should seek to minimise the overall system cost of deployment , taking full account of grid and system development needs , social and environmental costs / benefits , the resulting energy mix , and the long term potential of technologies and of indigenous resources .


### subject to their assessment included in the integrated national energy and climate plans in accordance with annex i of regulation [ governance ] , on the necessity to build new infrastructure for district heating and cooling produced from renewable energy sources in order to achieve the union target referred to in article 3 of this directive , member states shall , where relevant , take steps with a view to developing a district heating infrastructure to accommodate the development of heating and cooling production from large biomass , solar and geothermal facilities . ### subject to their assessment included in the integrated national energy and climate plans in accordance with annex i of regulation [ governance ] , on the necessity to build new infrastructure for district heating and cooling produced from renewable energy sources in order to achieve the union target referred to in article 3 of this directive , member states shall , where relevant , take steps with a view to developing a district heating infrastructure to accommodate the development of heating and cooling production from large sustainable biomass , ambient heat in large heat pumps , solar and geothermal facilities as well as surplus heat from industry and other sources .


### electricity generation from renewable sources should be deployed at the lowest possible cost for consumers and taxpayers . when designing support schemes and when allocating support , member states should seek to minimise the overall system cost of deployment , taking full account of grid and system development needs , the resulting energy mix , and the long term potential of technologies . ### electricity generation from renewable sources should be deployed at the lowest possible cost for consumers and taxpayers . member states should , irrespective of any public funding arrangements , support and promote renewable and sustainable energy policies . when designing support schemes and when allocating support , member states should seek to minimise the overall system cost of deployment , taking full account of grid and system development needs , the resulting energy mix , and the long term potential of technologies .


### administrative procedures are streamlined and expedited at the appropriate administrative level ; ### administrative procedures are streamlined and expedited at the appropriate administrative level and foresee predictable timeframes for the issue of the necessary permits and licenses ;


### ‘ biomass’ means the biodegradable fraction of products , waste and residues from biological origin from agriculture , including vegetal and animal substances , forestry and related industries including fisheries and aquaculture , as well as the biodegradable fraction of waste , including industrial and municipal waste of biological origin ; ### ‘ biomass’ means the biodegradable fraction of products , waste and residues from biological material and biological origin from agriculture , including bacteria , vegetal and animal substances , forestry and related industries including fisheries and aquaculture , as well as the biodegradable fraction of waste , including industrial and municipal waste of biological origin ;


### support schemes for electricity generated from renewable sources have proved to be an effective way of fostering deployment of renewable electricity . if and when member states decide to implement support schemes , such support should be provided in a form that is as non - distortive as possible for the functioning of electricity markets . to this end , an increasing number of member states allocate support in a form where support is granted in addition to market revenues . ### support schemes for energy generated from renewable sources have proved to be an effective way of fostering deployment of renewables . if and when member states decide to implement support schemes , such support should be provided in a form that is as non - distortive as possible for the functioning of energy markets . to this end , an increasing number of member states allocate support in a form where support is granted in addition to market revenues . member states should choose the most appropriate form of support for small scale and demonstration projects , taking into account the technical and economical inability of these installations and of small investors to respond to market price signals .


### member states shall ensure that their competent authorities at national , regional and local level include provisions for the integration and deployment of renewable energy and the use of unavoidable waste heat or cold when planning , designing , building and renovating urban infrastructure , industrial or residential areas and energy infrastructure , including electricity , district heating and cooling , natural gas and alternative fuel networks . ### member states shall ensure that their competent authorities at national , regional and local level include provisions for the integration and deployment of renewable energy and the use of unavoidable waste heat or cold when planning , designing , building and renovating urban infrastructure , industrial or residential areas and energy infrastructure , including electricity , district heating and cooling , natural gas and alternative fuel networks and shall encourage relevant local and regional authorities to include heating and cooling solutions based on renewable energy sources in the planning of city infrastructure .


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


### horizontal principles as set out in article 3 of the treaty on the european union and in article 10 of the tfeu , including principles of subsidiarity and proportionality as set out in article 5 of the teu should be respected in the implementation of the funds , taking into account the charter of fundamental rights of the european union . member states should also respect the obligations of the un convention on the rights of persons with disabilities and ensure accessibility in line with its article 9 and in accordance with the union law harmonising accessibility requirements for products and services . member states and the commission should aim at eliminating inequalities and at promoting equality between men and women and integrating the gender perspective , as well as at combating discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . the funds should not support actions that contribute to any form of segregation . the objectives of the funds should be pursued in the framework of sustainable development and the union ' s promotion of the aim of preserving , protecting and improving the quality of the environment as set out in article 11 and article 191 of the tfeu , taking into account the polluter pays principle . in order to protect the integrity of the internal market , operations benefitting undertakings shall comply with union state aid rules as set out in articles 107 and 108 of the tfeu . ### horizontal principles as set out in article 3 of the treaty on the european union and in article 10 of the tfeu , including principles of subsidiarity and proportionality as set out in article 5 of the teu should be respected in the implementation of the funds , taking into account the charter of fundamental rights of the european union . member states should also respect the obligations of the un convention on the rights of persons with disabilities and ensure accessibility in line with its article 9 and in accordance with the union law harmonising accessibility requirements for products and services . member states and the commission should aim at eliminating inequalities and at promoting equality between men and women and integrating the gender perspective , as well as at combating discrimination based on sex , race , colour , ethnic or social origin , genetic features , language , religion or belief , political or other opinion , membership of a national minority , property , birth , disability , age or sexual orientation . the funds should not support actions that contribute to any form of segregation or social exclusion . the objectives of the funds should be pursued in the framework of sustainable development and the union ' s promotion of the aim of preserving , protecting and improving the quality of the environment as set out in article 11 and article 191 of the tfeu , taking into account the polluter pays principle . in order to protect the integrity of the internal market , operations benefitting undertakings shall comply with union state aid rules as set out in articles 107 and 108 of the tfeu .


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


### proposal for a regulation of the european parliament and of the council laying down common provisions on the european regional development fund , the european social fund plus , the cohesion fund , and the european maritime and fisheries fund and financial rules for those and for the asylum and migration fund , the internal security fund and the border management and visa instrument ### proposal for a regulation of the european parliament and of the council laying down common provisions on the european regional development fund , the european social fund plus , the cohesion fund , and the european maritime and fisheries fund and financial rules for those and for the asylum , migration and integration fund , the internal security fund and the border management and visa instrument


### the principle of partnership is a key feature in the implementation of the funds , building on the multi - level governance approach and ensuring the involvement of civil society and social partners . in order to provide continuity in the organisation of partnership , commission delegated regulation no 240 / 201413 should continue to apply . _________________ 13 commission delegated regulation no 240 / 2014 of 7 january 2014 on the european code of conduct on partnership in the framework of the european structural and investment funds . ### the principle of partnership is a key feature in the implementation of the funds , building on the multi - level governance approach and ensuring the involvement of civil society and social partners . in order to provide continuity in the organisation of partnership , commission delegated regulation no 240 / 201413 should be revised and the european commission should be encouraged to make a proposal for a revised regulation . _________________ 13 commission delegated regulation no 240 / 2014 of 7 january 2014 on the european code of conduct on partnership in the framework of the european structural and investment funds .


### the monitoring committee shall meet at least once a year and shall review all issues that affect the programme ' s progress towards achieving its objectives . ### the monitoring committee shall meet at least twice a year and shall review all issues that affect the programme ' s progress towards achieving its objectives .


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


### in order to assess whether or not to file an application for international registration , the commission shall take into account the criteria set out in the third paragraph of article 2 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 13 . ### as stipulated in the first paragraph of this article , in order to assess whether or not to file an application for international registration , the commission shall take into account the criteria set out in the third paragraph of article 2 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 13 .


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


### operators of retransmission services , that normally offer multiple programmes which use a multitude of works and other protected subject matter included in the retransmitted television and radio programmes , have a very short time - frame for obtaining the necessary licences and hence also face a significant rights clearing burden . there is also a risk for right holders of having their works and other protected subject matter exploited without authorisation or payment of remuneration . ### operators of retransmission services , that normally offer multiple programmes which use a multitude of works and other protected subject matter included in the retransmitted television and radio programmes , have a very short time - frame for obtaining the necessary licences and hence also face a significant rights clearing burden .


### operators of retransmission services offered on satellite , digital terrestrial , closed circuit ip - based , mobile and similar networks , provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously , in an unaltered and unabridged manner , for reception by the public , an initial transmission from another member state of television or radio programmes , where this initial transmission is by wire or over the air , including by satellite but excluding online transmissions , and intended for reception by the public . they should therefore be within the scope of this regulation and benefit from the mechanism introducing mandatory collective management of rights . retransmission services which are offered on the open internet should be excluded from the scope of this regulation as those services have different characteristics . they are not linked to any particular infrastructure and their ability to ensure a controlled environment is limited when compared for example to cable or closed circuit ip - based networks . ### operators of retransmission services offered on satellite , digital terrestrial , ip - based , mobile and similar networks , provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously , in an unaltered and unabridged manner , for reception by the public , an initial transmission from another member state of television or radio programmes , where this initial transmission is by wire or over the air , including by satellite and online transmissions , and intended for reception by the public . they should therefore be within the scope of this regulation and benefit from the mechanism introducing mandatory collective management of rights . retransmission services which are offered on the open internet should be included in the scope of this regulation if those services are able to ensure a controlled environment such as by providing access to the service in exchange for a price or against counter - performance other than money .


### operators of retransmission services offered on satellite , digital terrestrial , closed circuit ip - based , mobile and similar networks , provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously , in an unaltered and unabridged manner , for reception by the public , an initial transmission from another member state of television or radio programmes , where this initial transmission is by wire or over the air , including by satellite but excluding online transmissions , and intended for reception by the public . they should therefore be within the scope of this regulation and benefit from the mechanism introducing mandatory collective management of rights . retransmission services which are offered on the open internet should be excluded from the scope of this regulation as those services have different characteristics . they are not linked to any particular infrastructure and their ability to ensure a controlled environment is limited when compared for example to cable or closed circuit ip - based networks . ### operators of retransmission services offered on satellite , digital terrestrial , ip - based , mobile and similar networks , provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously , in an unaltered and unabridged manner , for reception by the public , an initial transmission from another member state of television or radio programmes , where this initial transmission is by wire or over the air , including by satellite but excluding online transmissions , and intended for reception by the public . they should therefore be within the scope of this regulation and benefit from the mechanism introducing mandatory collective management of rights . ip - based retransmission services , both offered on closed - circuit networks and on the open internet should be included in the scope of this regulation as long as they are provided to a defined number of users and comparable to closed circuit networks .


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


### through the principle of contractual freedom it will be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this regulation , especially as far as certain technical means of transmission or certain language versions are concerned , provided that any such limitations of the exploitation of those rights are in compliance with union law . ### it is essential to recall that , through the principle of contractual freedom , it should be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this regulation , especially as far as certain technical means of transmission or certain language versions are concerned , provided that any such limitations of the exploitation of those rights are in compliance with national and union laws .


### this regulation respects fundamental rights and observes the principles recognised in the charter of fundamental rights of the european union . whilst there may be an interference with the exercise of the rights of right holders insofar as mandatory collective management is required for the exercise of the right of communication to the public with regard to retransmission services , it is necessary to prescribe such a condition in a targeted manner for specific services and in order to allow more widespread cross - border dissemination of television and radio programmes by facilitating the clearance of these rights . ### this regulation respects fundamental rights and observes the principles recognised in the charter of fundamental rights of the european union . whilst there may be an interference with the exercise of the rights of right holders insofar as mandatory collective management is required for the exercise of the right of communication to the public with regard to retransmission services , it is necessary to prescribe such a condition in a targeted manner for specific services and in order to allow more widespread cross - border dissemination of television and radio programmes by facilitating the clearance of these rights . the provisions of this regulation should be without prejudice to any existing or future arrangements in the member states concerning the management of rights such as extended collective licences , legal presumptions of representation or transfer , collective management or similar arrangements or a combination of them .


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


### a lively public debate is taking place on summer - time arrangements and some member states have already expressed their preference to discontinue the application of such arrangements . in the light of these developments , it is necessary to continue safeguarding the proper functioning of the internal market and to avoid any significant disruptions thereto caused by divergences between member states in this area . therefore , it is appropriate to put an end in a coordinated way to summer - time arrangements . ### a lively public debate is taking place on summer - time arrangements and some member states have already expressed their preference to discontinue the application of such arrangements . however , the stated level of public support is questionable : seventy percent of participants in the public consultation were from one member state . in the light of these developments , it is necessary to continue safeguarding the proper functioning of the internal market and to avoid any significant disruptions thereto caused by divergences between member states in this area . therefore , it is appropriate to put an end in a coordinated way to summer - time arrangements .


### notwithstanding paragraph 1 , member states may still apply a seasonal change of their standard time or times in 2019 , provided that they do so at 1 . 00 a . m . , coordinated universal time , on 27 october 2019 . the member states shall notify this decision in accordance with article 2 . ### notwithstanding paragraph 1 , member states may still apply a seasonal change of their standard time or times in the year during which this directive ought to apply , i . e . 18 months after the adoption of this directive . the member states shall notify this decision in accordance with article 2 .


### 2022 : 0 . 5 % ; ### 2022 : 1 . 0 % ;


### 2023 : 0 . 5 % ; ### 2023 : 1 . 5 % ;


### reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the united nations sustainable development goals , the funds will contribute to mainstream climate actions and to the achievement of an overall target of 25 % of the eu budget expenditure supporting climate objectives . ### reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the united nations sustainable development goals , the funds will contribute to mainstream climate actions and to the achievement of an overall target of 35 % of the eu budget expenditure supporting climate objectives .


### the co - financing rate for the cohesion fund at the level of each priority shall not be higher than 70 % . ### the co - financing rate for the cohesion fund at the level of each priority shall not be higher than 85 % .


### 70 % for the less developed regions ; ### 85&#160 ; % for the less developed regions ;


### 2025 : 0 . 5 % ; ### 2025 : 2 . 5 % ;


### 55 % for the transition regions ; ### 60% for the transition regions ;


### they shall apply those provisions from [ … insert date - six years after the entry into force of this directive ] . ### they shall apply those provisions from [ … insert date - three years after the entry into force of this directive ] .


### air , bus , rail and waterborne passenger transport services ; ### air , bus , rail and waterborne passenger transport services , including the environment that is managed by service providers and by infrastructure operators ;


### the purpose of this directive is to contribute to the proper functioning of the internal market by approximating laws , regulations and administrative provisions of the member states , by eliminating barriers to the free movement of certain accessible products and services this will increase the availability of accessible products and services on the internal market . ### the purpose of this directive is to contribute to the proper functioning of the internal market by approximating laws , regulations and administrative provisions of the member states , by eliminating barriers to the free movement of accessible products and services this will increase the availability of accessible products and services on the internal market .


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


### all these differences translate into additional costs for investors when assessing the risks of debtors entering financial difficulties in one or more member states and the costs of restructuring companies having establishments , creditors or assets in other member states , such as is most clearly the case of restructuring international groups of companies . many investors mention uncertainty about insolvency rules or the risk of lengthy or complex insolvency procedures in another country as a main reason for not investing or not entering into a business relationship with a counterpart outside their own country . ### all these differences translate into additional costs for investors when assessing the risks of debtors entering financial difficulties in one or more member states or when assessing the risks associated with taking over viable operations run by undertakings in difficulty and the costs of restructuring companies having establishments , creditors or assets in other member states , such as is most clearly the case of restructuring international groups of companies . many investors mention uncertainty about insolvency rules or the risk of lengthy or complex insolvency procedures in another country as a main reason for not investing or not entering into a business relationship with a counterpart outside their own country . this uncertainty therefore acts as a disincentive which obstructs the freedom of establishment of undertakings and the willingness to entrepreneurship and harms the proper functioning of the internal market . small and medium - sized enterprises in particular do not , for the most part , have the resources needed to assess risks related to cross - border activities .


### paragraph 2 shall not apply to workers ' outstanding claims except if and to the extent that member states ensure by other means that the payment of such claims is guaranteed at a level of protection at least equivalent to that provided for under the relevant national law transposing directive 2008 / 94 / ec . ### paragraph 2 shall not apply to workers ' outstanding claims except if and to the extent that member states ensure by other means that the payment of such claims is guaranteed at the same level .


### ' class formation ' means the grouping of affected creditors and equity holders in a restructuring plan in such a way as to reflect the rights and seniority of the affected claims and interests , taking into account possible pre - existing entitlements , liens or inter - creditor agreements , and their treatment under the restructuring plan ; ### ' class formation ' means the grouping of affected creditors and equity holders in a restructuring plan in such a way as to reflect the rights and seniority of the affected claims and interests , taking into account possible pre - existing entitlements , liens or inter - creditor agreements , and their treatment under the restructuring plan . for the purpose of adopting a restructuring plan , creditors should be divided into different classes of creditors , where , as a minimum , secured and unsecured claims should be treated in distinct classes , whilst workers should constitute a separate privileged class ;


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


### member states shall ensure that any affected creditors have a right to vote on the adoption of a restructuring plan . member states may also grant such voting rights to affected equity holders , in accordance with article 12 . ### member states shall ensure that any affected creditors have a right to vote on the adoption of a restructuring plan after having been duly informed about the procedure and its potential consequences . member states may also grant such voting rights to affected equity holders , in accordance with article 12 .


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


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


### member states may derogate from paragraph 1 where the debtor becomes illiquid and therefore unable to pay his debts as they fall due during the stay period . in that case , member states shall ensure that restructuring procedures are not automatically terminated and that , upon examining the prospects for achieving an agreement on a successful restructuring plan within the period of the stay , a judicial or administrative authority may decide to defer the opening of insolvency procedure and keep in place the benefit of the stay of individual enforcement actions . ### member states may derogate from paragraph 1 where the debtor becomes illiquid and therefore unable to pay his debts as they fall due during the stay period . in that case , member states shall ensure that restructuring procedures are not automatically terminated and that , upon examining the prospects for achieving an agreement on a successful restructuring or going concern transfer plan within the period of the stay , a judicial or administrative authority my decide to defer the opening of insolvency procedure and keep in place the benefit of the stay of individual enforcement actions .


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


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


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


### member states may require the appointment of a practitioner in the field of restructuring in the following cases : ### member states shall require the appointment of a practitioner in the field of restructuring in the following cases :


### to ensure that rights which are substantially similar are treated equitably and that restructuring plans can be adopted without unfairly prejudicing the rights of affected parties , affected parties should be treated in separate classes which reflect the class formation criteria under national law . as a minimum , secured and unsecured creditors should always be treated in separate classes . national law may provide that secured claims may be divided into secured and unsecured claims based on collateral valuation . national law may also stipulate specific rules supporting class formation where non - diversified or otherwise especially vulnerable creditors , such as workers or small suppliers , would benefit from such class formation . national laws should in any case ensure that adequate treatment is given to matters of particular importance for class formation purposes , such as claims from connected parties , and should contain rules that deal with contingent claims and contested claims . the judicial or administrative authority should examine class formation when a restructuring plan is submitted for confirmation , but member states could stipulate that such authorities may also examine class formation at an earlier stage should the proposer of the plan seek validation or guidance in advance . ### to ensure that rights which are substantially similar are treated equitably and that restructuring plans can be adopted without unfairly prejudicing the rights of affected parties , affected parties should be treated in separate classes which reflect the class formation criteria under national law . as a minimum , secured and unsecured creditors should always be treated in separate classes . national law may provide that secured claims may be divided into secured and unsecured claims based on collateral valuation . national law should also provide that workers are part of a separate class , and it should ensure that a preferential right is attributed to this class . member states may also stipulate specific rules supporting class formation where non - diversified or otherwise especially vulnerable creditors , such as small suppliers , would benefit from such class formation . national laws should in any case ensure that adequate treatment is given to matters of particular importance for class formation purposes , such as claims from connected parties , and should contain rules that deal with contingent claims and contested claims . the judicial or administrative authority should examine class formation when a restructuring plan is submitted for confirmation , but member states could stipulate that such authorities may also examine class formation at an earlier stage should the proposer of the plan seek validation or guidance in advance .


### to have due regard to the interests of creditors and other stakeholders ; ### to have due regard to the interests of creditors , workers and other stakeholders ;


### a valuation of the present value of the debtor or the debtor ' s business as well as a reasoned statement on the causes and the extent of the financial difficulties of the debtor ; ### a valuation of the present value of the debtor or the debtor ' s business as well as a reasoned statement on the causes and the extent of the financial difficulties of the debtor , including a description of any assets , debts and their location ; this shall include an evaluation of the financial obligations relating to and the financial flows towards and from the business ' parent companies and subsidiaries , in order to estimate the financial capacity of the debtor ' s economic group when joint responsibility may arise .


### confirm the plan and grant monetary compensation to the dissenting creditors , payable by the debtor or by the creditors who voted in favour of the plan . ### confirm the plan and assess the possibility for dissenting creditors that suffer unjustifiable damage under the plan to be granted monetary compensation , and where appropriate grant such compensation payable by the debtor .


### those differences lead to uneven conditions for access to credit and to uneven recovery rates in the member states . a higher degree of harmonisation in the field of restructuring , insolvency and second chance is thus indispensable for a well - functioning single market in general and for a working capital markets union in particular . ### those differences lead to uneven conditions for access to credit and to uneven recovery rates in the member states . a higher degree of harmonisation in the field of restructuring , insolvency and second chance is thus indispensable for a well - functioning single market in general and for a working capital markets union in particular , as well as for the viability of economic activity , and therefore for the preservation and creation of jobs .


### excessive length of restructuring , insolvency and discharge procedures in several member states is an important factor triggering low recovery rates and deterring investors from making business in jurisdictions where procedures risk taking too long . ### an important factor triggering low recovery rates and deterring investors from making business in jurisdictions where procedures risk taking too long is the excessive length of restructuring , insolvency and discharge procedures in several member states .


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


### the earlier the debtor can detect its financial difficulties and can take appropriate action , the higher the probability of avoiding an impending insolvency or , in case of a business whose viability is permanently impaired , the more orderly and efficient the winding - up process . clear information on the available preventive restructuring procedures as well as early warning tools should therefore be put in place to incentivise debtors who start to experience financial problems to take early action . possible early warning mechanisms should include accounting and monitoring duties for the debtor or the debtor ' s management as well as reporting duties under loan agreements . in addition , third parties with relevant information such as accountants , tax and social security authorities could be incentivised or obliged under national law to flag a negative development . ### the earlier the debtor and the workers concerned can detect companies ' financial difficulties and can take appropriate action , the higher the probability of avoiding an impending insolvency or , in case of a business whose viability is permanently impaired , the more orderly and efficient the winding - up process . clear information on the available preventive restructuring procedures as well as early warning tools should therefore be put in place to incentivise debtors who start to experience financial problems to take early action and to empower the workers concerned to take an active role in the restructuring process . possible early warning mechanisms should include accounting and monitoring duties for the debtor or the debtor ' s management as well as reporting duties under loan agreements . in addition , third parties with relevant information such as accountants , tax and social security authorities could be incentivised or obliged under national law to flag a negative development .


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


### member states may derogate from paragraph 1 where the debtor becomes illiquid and therefore unable to pay his debts as they fall due during the stay period . in that case , member states shall ensure that restructuring procedures are not automatically terminated and that , upon examining the prospects for achieving an agreement on a successful restructuring plan within the period of the stay , a judicial or administrative authority may decide to defer the opening of insolvency procedure and keep in place the benefit of the stay of individual enforcement actions . ### member states may derogate from paragraph 1 where the debtor becomes illiquid and therefore unable to pay his debts as they fall due during the stay period . in that case , member states shall ensure that restructuring procedures are not automatically terminated and that , upon examining the prospects for achieving an agreement on a successful restructuring plan or economically viable business transfer within the period of the stay , a judicial or administrative authority may decide to defer the opening of insolvency procedure and keep in place the benefit of the stay of individual enforcement actions .


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


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


### the period of time after which over - indebted entrepreneurs may be fully discharged from their debts shall be no longer than three years starting from : ### the period of time after which over - indebted entrepreneurs may be fully discharged from their debts shall be no longer than five years starting from :


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


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


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


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


### member states may derogate from paragraph 1 where the debtor becomes illiquid and therefore unable to pay his debts as they fall due during the stay period . in that case , member states shall ensure that restructuring procedures are not automatically terminated and that , upon examining the prospects for achieving an agreement on a successful restructuring plan within the period of the stay , a judicial or administrative authority may decide to defer the opening of insolvency procedure and keep in place the benefit of the stay of individual enforcement actions . ### member states may derogate from paragraph 1 where the debtor becomes illiquid and therefore unable to pay his debts as they fall due during the stay period . in that case , member states shall ensure that restructuring procedures are not automatically terminated and that , upon examining the prospects for achieving an agreement on a successful restructuring or going concern transfer plan within the period of the stay , a judicial or administrative authority my decide to defer the opening of insolvency procedure and keep in place the benefit of the stay of individual enforcement actions .


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


### 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 .


### where a member state requests operational and technical reinforcement by migration management support teams as referred to in article 17 of regulation no xxx / xxx or where migration management support teams are deployed at hotspot areas as referred to in article 18 of regulation no xxx / xxx , the executive director shall ensure coordination of the agency ' s activities in the migration management support teams with the commission and with other relevant union agencies , in particular , the european agency for the management of operational cooperation at the external borders of the member states . ### the commission shall , in cooperation with the host member state and the relevant agencies , establish the terms of cooperation at the hotspot area and be responsible for the coordination of the activities of the migration management support teams .


### 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 inform the commission on a regular basis of the implementation of the action plan . ### the agency shall inform the commission and the european parliament on a regular basis of the implementation of the action plan .


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


### member states shall contribute to the asylum intervention pool through a national expert pool on the basis of the various defined profiles and by nominating experts corresponding to the required profiles . the duration of deployment shall be determined by the home member state but it shall not be less than 30 days . ### member states shall contribute to the asylum intervention pool through a national expert pool on the basis of the various defined profiles and by nominating experts corresponding to the required profiles . the duration of deployment shall be determined by the home member state but it shall not be less than 60 days .


### 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 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 .


### 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 ;


### a detailed and clear description of the tasks and special instructions for the asylum support teams or experts from the asylum intervention pool , including the national and european databases that they are authorised to consult and the equipment that they may use or carry in the host member state ; ### a detailed and clear description of the tasks and responsibilities , including with regard to the respect for fundamental rights and special instructions for the asylum support teams or experts from the asylum intervention pool , including the national and european databases that they are authorised to consult and the equipment that they may use or carry in the host member state ;


### the management board shall include one representative of unhcr , without the right to vote . ### the management board shall include one representative of unhcr and one representative of the european agency for fundamental rights without the right to vote .


### the agency shall work closely with the member states ' asylum authorities , with national immigration and asylum services and other national services and with the commission . the agency shall carry out its duties without prejudice to those assigned to other relevant bodies of the union and shall work closely with those bodies and with the united nations high commissioner for refugees . ### the agency shall work closely with the member states ' asylum authorities , with national immigration and asylum services and other national services and with the commission . the agency shall carry out its duties without prejudice to those assigned to other relevant bodies of the union and shall work closely with those bodies and with the united nations high commissioner for refugees , while benefiting from the expertise of other un - related bodies , such as the international organisation for migration .


### 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 .


### procedures whereby persons in need of international protection , victims of trafficking in human beings , unaccompanied minors and persons in a vulnerable situation are directed to the competent national authorities for appropriate assistance . ### procedures whereby persons in need of international protection , victims of trafficking in human beings , unaccompanied minors and persons in a vulnerable situation are identified and directed to the competent national authorities for appropriate assistance .