### a full discharge or the end of disqualification after a short period of time are not appropriate in all circumstances , for instance in cases where the debtor is dishonest or has acted in bad faith . member states should provide clear guidance to judicial or administrative authorities on how to assess the honesty of the entrepreneur . for example , in establishing whether the debtor was dishonest , judicial or administrative authorities may take into account circumstances such as the nature and extent of the debts , the time when these were incurred , the efforts of the debtor to meet the debts and comply with legal obligations including public licensing requirements and proper bookkeeping , and actions on his or her part to frustrate recourse by creditors . disqualification orders may last longer or indefinitely in situations where the entrepreneur exercises certain professions which are considered sensitive in the member states or where he or she was convicted for criminal activities . in such cases it would be possible for entrepreneurs to benefit from a discharge of debt , but still be disqualified for a longer period of time or indefinitely from exercising a particular profession . ### a full discharge or the end of disqualification after a short period of time are not appropriate in all circumstances , even after carrying out an insolvency procedure , for instance in cases where the debtor is dishonest or has acted in bad faith . member states should provide clear guidance to judicial or administrative authorities on how to assess the honesty of the entrepreneur . for example , in establishing whether the debtor was dishonest , judicial or administrative authorities may take into account circumstances such as the nature and extent of the debts , the time when these were incurred , the efforts of the debtor to meet the debts and comply with legal obligations including public licensing requirements and proper bookkeeping , and actions on his or her part to frustrate recourse by creditors . disqualification orders may last longer or indefinitely in situations where the entrepreneur exercises certain professions which are considered sensitive in the member states or where he or she was convicted for criminal activities . in such cases it would be possible for entrepreneurs to benefit from a discharge of debt , but still be disqualified for a longer period of time or indefinitely from exercising a particular profession .


### preventive restructuring procedures available for debtors in financial difficulty when there is a likelihood of insolvency ; ### preventive restructuring procedures available for debtors in financial difficulty , when there is a likelihood of insolvency ; or procedures that are used to reduce the amount owed to all or some of the creditors or to transfer all or part of the viable business to another enterprise within a long - term strategy ;


### ' practitioner in the field of restructuring ' means any person or body appointed by a judicial or administrative authority to carry out one or more of the following tasks : ### ' practitioner in the field of restructuring ' means any independent and neutral person or body appointed by a judicial or administrative authority to carry out one or more of the following tasks :


### to assist the debtor or the creditors in drafting or negotiating a restructuring plan ; ### to assist the debtor or the creditors in drafting or negotiating a viable restructuring or sale plan ;


### to assist the debtor or the creditors in drafting or negotiating a restructuring plan ; ### to assist the debtor or the creditors in drafting or negotiating a restructuring plan or a plan to transfer viable parts of the 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 debtors who are negotiating a restructuring plan with their creditors may benefit from a stay of individual enforcement actions if and to the extent such a stay is necessary to support the negotiations of a restructuring plan . ### member states shall ensure that debtors who are negotiating a restructuring or sale plan with their creditors may benefit from a stay of individual enforcement actions if and to the extent such a stay is necessary to support the negotiations of a restructuring plan .


### member states shall ensure that a stay of individual enforcement actions may be ordered in respect of all types of creditors , including secured and preferential creditors . the stay may be general , covering all creditors , or limited , covering one or more individual creditors , in accordance with national law . ### member states shall ensure that a stay of individual enforcement actions may be ordered in respect of all types of creditors , including secured and preferential creditors but excluding workers . the stay may be general , covering all creditors , or limited , covering one or more individual creditors , in accordance with national law .


### relevant progress has been made in the negotiations on the restructuring plan ; and ### relevant progress has been made in the negotiations on the restructuring plan or transfer of the viable part of the business to another undertaking in accordance with the conditions laid down in this directive ; and


### 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 , following problem - solving or assets liquidation procedures or the debtor ' s business as well as a reasoned statement on the causes and the extent of the financial difficulties of the debtor ; without prejudice to union and national confidentiality rules , it shall include a detailed description of any assets , debts and their location and of the relationship between the financial obligations and cashflows with the business’s parent companies and subsidiaries .


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


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


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


### member states shall ensure that judicial or administrative authorities may refuse to confirm a restructuring plan where that plan does not have a reasonable prospect of preventing the insolvency of the debtor and ensuring the viability of the business . ### member states shall ensure that judicial or administrative authorities may refuse to confirm a restructuring plan involving the waiver of claims where that plan does not have a reasonable prospect of preventing the insolvency of the debtor and ensuring the viability of the business or where the debtor’s obligations to workers under existing directives have not been fulfilled . member states shall ensure that judicial or administrative authorities may refuse to authorise a sale plan where that plan is such that creditors have no reasonable prospect of being paid a dividend at least equivalent to the amount which they would have received if assets had been sold following a bankruptcy procedure or where the business continuing as a going concern does not offer guarantees as to the viability of the operations transferred .


### member states shall ensure that , where there is a likelihood of insolvency , shareholders and other equity holders with interests in a debtor may not unreasonably prevent the adoption or implementation of a restructuring plan which would restore the viability of the business . ### member states shall ensure that , where there is a likelihood of insolvency , shareholders and other equity holders with interests in a debtor may not unreasonably prevent or create obstacles for the adoption or implementation of a restructuring plan which would restore the viability of the business .


### by way of derogation from articles 19 , 20 and 21 , member states may maintain or introduce provisions restricting access to discharge or laying down longer periods for obtaining a full discharge or longer disqualification periods in certain well - defined circumstances and where such limitations are justified by a general interest , in particular where : ### by way of derogation from articles 19 , 20 and 21 , member states shall maintain or introduce provisions restricting access to discharge or laying down longer periods for obtaining a full discharge or longer disqualification periods in certain well - defined circumstances and where such limitations are justified by a general interest , in particular where :


### the common eu list of safe countries of origin established by regulation no xxx / xxx 9 should be regularly reviewed by the commission . having regard to the agency ' s expertise , it should assist the commission in reviewing that list . the agency should also , at the request of the commission , provide it with information on specific third countries which could be included in the common eu list of safe countries of origin , and on third countries designated as safe countries of origin or safe third countries or to which the concepts of safe third country , first country of asylum or european safe third country by member states apply . __________________ 9 oj l [ … ] ### the common eu list of safe countries of origin established by regulation no xxx / xxx of the european parliament and the council 9 should be regularly reviewed by the commission , in cooperation with the eeas , while ensuring that the principle of non - refoulement and the individual right to asylum , in particular of persons belonging to vulnerable groups such as unaccompanied minors , are not undermined . having regard to the agency ' s expertise , it should assist the commission in reviewing that list . the agency should also provide the commission and the european parliament with information on specific third countries which could be included in the common eu list of safe countries of origin , and on third countries designated as safe countries of origin or safe third countries or to which the concepts of safe third country , first country of asylum or european safe third country by member states apply . __________________ 9 oj l [ … ]


### the european union agency for asylum , in close cooperation with the commission and without prejudice to the commission ' s responsibility as guardian of the treaties , should establish a mechanism to monitor and assess the implementation of the ceas , the compliance by member states with operational standards , guidelines and best practices on asylum and to verify the functioning of the asylum and reception systems of member states . the monitoring and assessment should be comprehensive and should be based , in particular , on information provided by member states , information analysis on the situation of asylum developed by the agency , on - site visits and case sampling . the agency should report its findings to the management board which in turn should adopt the report . the executive director should , after consultation with the commission , make draft recommendations to the member state concerned outlining the necessary measures to address serious shortcomings , which in turn shall be adopted by the management board as recommendations . ### the european union agency for asylum , in close cooperation with the commission and without prejudice to the commission ' s responsibility as guardian of the treaties , should establish a mechanism to monitor and assess the implementation of the ceas , the compliance by member states with operational standards , guidelines and best practices on asylum and to verify the functioning of the asylum and reception systems of member states . the monitoring and assessment should be comprehensive and should be based , in particular , on information provided by member states , non - governmental organisations at national or union level , the unhcr and relevant united nations human rights treaty monitoring bodies and council of europe human rights monitoring mechanisms , information analysis on the situation of asylum developed by the agency , on - site visits and case sampling . . the agency should report its findings to the management board which in turn should adopt the report . the executive director should , after consultation with the commission , make draft recommendations to the member state concerned outlining the necessary measures to address serious shortcomings , which in turn shall be adopted by the management board as recommendations


### the european union agency for asylum , in close cooperation with the commission and without prejudice to the commission ' s responsibility as guardian of the treaties , should establish a mechanism to monitor and assess the implementation of the ceas , the compliance by member states with operational standards , guidelines and best practices on asylum and to verify the functioning of the asylum and reception systems of member states . the monitoring and assessment should be comprehensive and should be based , in particular , on information provided by member states , information analysis on the situation of asylum developed by the agency , on - site visits and case sampling . the agency should report its findings to the management board which in turn should adopt the report . the executive director should , after consultation with the commission , make draft recommendations to the member state concerned outlining the necessary measures to address serious shortcomings , which in turn shall be adopted by the management board as recommendations . ### the european union agency for asylum , in close cooperation with the commission and without prejudice to the commission ' s responsibility as guardian of the treaties , should establish a mechanism to monitor and assess the implementation of the ceas , the compliance by member states with operational standards , guidelines and best practices on asylum and to verify the functioning of the asylum and reception systems of member states . the monitoring and assessment should be comprehensive and should be based , in particular , on information provided by member states , information analysis on the situation of asylum developed by the agency , on - site visits and case sampling . the agency should report its findings to the management board which in turn should adopt the report and forward it to the european parliament and the commission . the executive director should , after consultation with the commission , make draft recommendations to the member state concerned outlining the necessary measures to address serious shortcomings , which in turn shall be adopted by the management board as recommendations .


### the recommendations should be followed up on the basis of an action plan prepared by the member state concerned . if , within the set period of time , the member state concerned does not take the necessary measures to address the recommendations , and the shortcomings in the asylum and reception systems are so serious that they jeopardize the functioning of the ceas , the commission should , based on its own assessment of the implementation of the action plan and the seriousness of the shortcomings , adopt recommendations addressed to that member state outlining the measures needed to remedy the serious shortcomings . the commission may need to organise on - site visits to the member state concerned to verify the implementation of the action plan . where necessary , the commission should also identify the measures that should be taken by the agency in support of that member state . if the member state should remain non - compliant for a certain period of time , the commission may take further action requiring the agency to intervene in support of that member state . ### the recommendations should be followed up on the basis of an action plan prepared by the member state concerned . the commission should also identify the measures that should be taken by the union and the agency in support of that member state . if , within the set period of time , the member state concerned does not take the necessary measures to address the recommendations , and the shortcomings in the asylum and reception systems are so serious that they jeopardize the functioning of the ceas , the commission should , based on its own assessment of the implementation of the action plan and the seriousness of the shortcomings , adopt recommendations addressed to that member state outlining the measures needed to remedy the serious shortcomings . the commission may need to organise on - site visits to the member state concerned to verify the implementation of the action plan . if the member state should remain non - compliant for a certain period of time , the commission may take further action requiring the union and the agency to intervene in support of that member state and continue insisting on the need for compliance .


### in cases where a member state ' s asylum and reception systems are subject to disproportionate pressure that places exceptionally heavy and urgent demands on their asylum or reception systems , the european union agency for asylum should assist that member state upon request or on the agency ' s own initiative , by means of a comprehensive set of measures , including the deployment of experts from the asylum intervention pool . to ensure the availability of those experts and their immediate deployment , the asylum intervention pool should constitute a reserve of experts from member states amounting to a minimum of 500 persons . the agency should itself be able to intervene in support of a member state where despite the disproportionate pressure , the member state concerned does not request for sufficient assistance from the agency or the member state does not take sufficient action to address that pressure with the consequence that the asylum and reception systems would be ineffective to the extent of jeopardising the functioning of the ceas . a disproportionate number of applications for international protection for which a member states is responsible may be an indication of disproportionate pressure . ### in cases where a member state ' s asylum and reception systems are subject to disproportionate pressure that places exceptionally heavy and urgent demands on their asylum or reception systems , the european union agency for asylum should assist that member state upon request or on the agency ' s own initiative , by means of a comprehensive set of measures , including the deployment of experts from the asylum intervention pool . to ensure the availability of those experts and their immediate deployment , the asylum intervention pool should constitute a reserve of experts from member states amounting to a minimum of 500 persons . if necessary , the agency should be able to recruit personnel in order to be able to provide the required support to member states . the agency should itself be able to intervene in support of a member state where despite the disproportionate pressure , the member state concerned does not request for sufficient assistance from the agency or the member state does not take sufficient action to address that pressure with the consequence that the asylum and reception systems would be ineffective to the extent of jeopardising the functioning of the ceas . a disproportionate number of applications for international protection for which a member states is responsible may be an indication of disproportionate pressure .


### for member states that are faced with specific and disproportionate pressure on their asylum and reception systems due , in particular , to their geographical or demographic situation , the european union agency for asylum should support the development of solidarity within the union and assist in the better relocation of beneficiaries of international protection among member states , while ensuring that asylum and reception systems are not abused . ### for member states that are faced with specific and disproportionate pressure on their asylum and reception systems due , in particular , to their geographical , economic or demographic situation , the european union agency for asylum should support the development of solidarity within the union and the fair sharing of responsibility , assisting in the fastest possible relocation of applicants for and beneficiaries of international protection among member states , while ensuring that asylum and reception systems are not abused and supporting member states affected in their efforts to prevent abuse through illegal migration .


### at particular areas of the external borders where member states face disproportionate migratory pressures characterised by large influxes of mixed migratory flows , referred to as hotspot areas , the member states should be able to rely on increased operational and technical reinforcement by migration management support teams composed of teams of experts from member states deployed through the european union agency for asylum , the european agency for the management of operational cooperation at the external borders of the member states of the european union and europol or other relevant union agencies , as well as experts from the staff of the european union agency for asylum and the european agency for the management of operational cooperation at the external borders of the member states of the european union . the agency should ensure coordination of its activities in the migration management support teams with the commission and the other relevant union agencies . ### at particular areas of the external borders where member states face disproportionate migratory pressures characterised by large influxes of mixed migratory flows , referred to as hotspot areas , the member states should be able to rely on increased operational and technical reinforcement by migration management support teams composed of teams of experts from member states deployed through the european union agency for asylum , the european border and coast guard agency and europol or other relevant union agencies , as well as experts from the staff of the european union agency for asylum and the european border and coast guard agency . the agency should ensure coordination of its activities in the migration management support teams with the commission and the other relevant union agencies . any activity undertaken by members of the migration management support teams should fully comply with the charter , in particular article 18 on the right to asylum .


### the european union agency for asylum should maintain a close dialogue with civil society with a view to exchanging information and pooling knowledge in the field of asylum . the agency should set up a consultative forum which should constitute a mechanism for the exchange of information and the sharing of knowledge . the consultative forum should assist the executive director and the management board in matters covered by this regulation . ### the european union agency for asylum should maintain a close dialogue with civil society with a view to exchanging information and pooling knowledge in the field of asylum . the agency should set up a consultative forum which should constitute a mechanism for the exchange of information and the sharing of knowledge . the consultative forum should advise the executive director and the management board in matters covered by this regulation .


### the commission and the member states should be represented on the management board of the european union agency for asylum in order to exercise a policy and political oversight over its workings . the management board should , where possible , consist of the operational heads of the member states ' asylum administrations or their representatives . it should be given the necessary powers , in particular to establish the budget , verify its execution , adopt the appropriate financial rules , establish transparent working procedures for decision - making by the agency , and appoint an executive director and deputy executive director . the agency should be governed and operated in line with the principles of the common approach on union decentralised agencies adopted on 19 july 2012 by the european parliament , the council and the european commission . ### the commission , the european parliament , and the member states should be represented on the management board of the european union agency for asylum in order to exercise a policy and political oversight and scrutiny over its workings . the management board should include a representative of the unhcr , the european agency for fundamental rights and , where possible , consist of the operational heads of the member states ' asylum administrations or their representatives . it should be given the necessary powers , in particular to establish the budget , verify its execution , adopt the appropriate financial rules , establish transparent working procedures for decision - making by the agency , and appoint an executive director and deputy executive director . the agency should be governed and operated in line with the principles of the common approach on union decentralised agencies adopted on 19 july 2012 by the european parliament , the council and the european commission .


### regulation no xxx / 2016 of the european parliament and of the council 17 on the protection of individuals with regard to the processing of personal data and on the free movement of such data applies to the processing of personal data by the member states carried out in application of this regulation unless such processing is carried out by the designated or verifying competent authorities of the member states for the purposes of the prevention , investigation , detection or prosecution of terrorist offences or of other serious criminal offences including the safeguarding against and the prevention of threats to public security . __________________ 17 oj l [ … ] ### regulation no 2016 / 679 of the european parliament and of the council 17 on the protection of individuals with regard to the processing of personal data and on the free movement of such data applies to the processing of personal data by the member states carried out in application of this regulation unless such processing is carried out by the designated or verifying competent authorities of the member states for the purposes of the prevention , investigation , detection or prosecution of terrorist offences or of other serious criminal offences including the safeguarding against and the prevention of threats to public security . __________________ 17 regulation 2016 / 679 of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec , oj l 119 , 4 . 5 . 2016 , p . 1 .


### directive 2016 / xxx / eu of the european parliament and of the council 18 on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties , and the free movement of such data applies to the processing of personal data by competent authorities of the member states for the purposes of the prevention , investigation detection or prosecution of terrorist offences or of other serious criminal offences pursuant to this regulation . __________________ 18 oj l [ … ] ### directive 2016 / 680 / eu of the european parliament and of the council 18 on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties , and the free movement of such data applies to the processing of personal data by competent authorities of the member states for the purposes of the prevention , investigation detection or prosecution of terrorist offences or of other serious criminal offences pursuant to this regulation . __________________ 18 directive 2016 / 680 of 27 april 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties , and on the free movement of such data , and repealing council framework decision 2008 / 977 / jha , oj l 119 , 4 . 5 . 2016 , p . 89 .


### the competence to take decisions by member states ' asylum authorities on individual applications for international protection remains with member states . ### the competence to take decisions by member states ' asylum authorities on individual applications for international protection remains with member states . this does not preclude , however , the joint processing of applications for individual protection by a member state and the agency at the request of the agency and within the framework set out in an operational plan agreed between the host member state and the agency .


### the european union agency for asylum shall ensure the efficient and uniform application of union asylum law in member states . it shall facilitate the implementation and improve the functioning of the common european asylum system , and it shall be responsible for enabling convergence in the assessment of applications for international protection across the union . ### the european union agency for asylum shall ensure the efficient and uniform application of union asylum law in member states . it shall facilitate the implementation and improve the functioning of the common european asylum system in line with international law and standards , and it shall be responsible for enabling convergence in the assessment of applications for international protection across the union .


### gather and analyse information on the situation of asylum and on the implementation of the ceas ; ### gather and analyse information on the situation of asylum in the union and in third countries and on the implementation of the ceas ;


### support member states in implementing the ceas ; ### support member states in implementing the ceas and fulfilling their union and international obligations in the field of asylum ;


### assist member states on training of experts from all national administrations , courts and tribunals , and national services responsible for asylum matters , including the development of a common core curriculum ; ### assist and provide member states with training of experts from all national administrations , courts and tribunals , and national services responsible for asylum matters , including the development of a common core curriculum ;


### 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 and the relevant union agencies , in particular the european border and coast guard . 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 base its analysis on information provided , in particular , by member states , relevant union institutions and agencies , the european external action service as well as unhcr and other international organisations . ### the agency shall base its analysis on information provided , in particular , by member states , relevant union institutions and agencies , the european external action service as well as unhcr , iom , and other expert national , international and non - governmental organisations in the field of asylum .


### international and union fundamental rights standards , and in particular the provisions of the charter of fundamental rights of the european union , as well as international and union law on asylum , including specific legal and case law issues ; ### international human rights law and union fundamental rights standards , and in particular the provisions of the charter of fundamental rights of the european union , as well as international and union law on asylum , including specific legal and case law issues ;


### the agency shall develop such training in close cooperation with member states and , in cooperation with appropriate training entities in the member states , including academic institutions and other relevant organisations . ### the agency shall develop such training in close cooperation with member states and , where appropriate , the european border and coast guard agency and the european union agency for fundamental rights and , in cooperation with appropriate training entities in the member states , including academic institutions and other relevant organisations , such as the unhcr , national and international associations of judges and other relevant non - governmental organisations .


### the agency shall be a centre for gathering relevant , reliable , accurate and up - to date information on countries of origin of persons applying for international protection , including child - specific information and targeted information on persons belonging to vulnerable groups . it shall draw up and regularly update reports and other products providing for information on countries of origin at the level of the union including on thematic issues specific to countries of origin . ### the agency shall be an independent centre for gathering relevant , reliable , transparent , traceable accurate and up - to date information on countries of origin of persons applying for international protection , including child , gender and sexual orientation - specific as well as targeted information on persons belonging to vulnerable groups . it shall draw up and regularly update reports and other products providing for information on countries of origin at the level of the union including on thematic issues specific to countries of origin , including on torture and ill - treatment in places of detention and including the principles referred to in article 21 teu .


### the agency shall be a centre for gathering relevant , reliable , accurate and up - to date information on countries of origin of persons applying for international protection , including child - specific information and targeted information on persons belonging to vulnerable groups . it shall draw up and regularly update reports and other products providing for information on countries of origin at the level of the union including on thematic issues specific to countries of origin . ### the agency shall be a centre for gathering relevant , reliable , accurate and up - to date information on countries of origin of persons applying for international protection , including child - specific , gender - specific and sexual orientation - specific information and targeted information on persons belonging to vulnerable groups and minorities . it shall draw up and regularly update reports and other products providing for information on countries of origin at the level of the union including on thematic issues specific to countries of origin .


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


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


### the agency shall ensure that the common analysis is kept constantly under review and updated to the extent necessary . any such revision shall likewise require prior consultation of the commission and endorsement by the management board . ### the agency shall ensure that the common analysis is kept constantly under review and updated as necessary . any such revision shall likewise require prior consultation of the commission , the unhcr and the consultative forum and the endorsement of the management board .


### the member states shall , on a monthly basis , submit to the agency relevant information on the decisions taken in relation to applicants for international protection originating from third countries subject to the common analysis . that information shall , in particular , include : ### the member states shall , on a monthly basis , submit to the agency all relevant information on the decisions taken in relation to applicants for international protection originating from third countries subject to the common analysis . that information shall , in particular , include :


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


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


### the agency shall , at the request of member states , assist them to apply the operational standards , guidelines and best practices to their asylum and reception systems by providing the necessary expertise or operational and technical assistance . ### the agency shall , at the request of member states , assist them to apply the operational standards , guidelines and best practices to their asylum and reception systems by providing the necessary expertise or operational and technical assistance in accordance with article 16 of this regulation .


### the agency shall , at the request of member states , assist them to apply the operational standards , guidelines and best practices to their asylum and reception systems by providing the necessary expertise or operational and technical assistance . ### the agency shall , on its own initiative , or , in any event , at the request of the commission or member states , assist them to apply the operational standards , guidelines and best practices to their asylum and reception systems by providing the necessary expertise or operational and technical assistance .


### the agency shall organise and coordinate activities promoting a correct and effective implementation of union law , including through the development of operational standards , indicators , guidelines or best practices on asylum - related matters , and the exchange of best practices in asylum - related matters among member states . ### the agency shall organise and coordinate activities promoting a correct and effective implementation of union law , including through the development of operational standards , indicators , guidelines or best practices on asylum - related matters , with special focus on female , disabled , lgbti and&#160 ; underage asylum - seekers , and the exchange of best practices in asylum - related matters among member states .


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


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


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


### the member state concerned shall provide the agency with an action plan within one month from adoption of the recommendations referred to in paragraph 4 . that member state shall report to the agency on the implementation of the action plan within three months from the adoption of the recommendations and shall thereafter continue to report every month for a maximum of six months . ### the member state concerned shall provide the agency with an action plan within one month from adoption of the recommendations referred to in paragraph 4 and fifteen days in the event of the situation referred to in point of paragraph 1 . that member state shall report to the agency on the implementation of the action plan within three months from the adoption of the recommendations and 45 days in the event of the situation referred to in point of paragraph 1 . thereafter it shall continue to report every month for a maximum of six months .


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


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


### provide assistance to competent national authorities responsible for the examination of applications for international protection ; ### provide assistance to competent national authorities responsible for the examination of applications for international protection , including by means of joint processing if requested by the member state concerned ;


### the executive director shall evaluate the result of the operational and technical measures and shall transmit detailed evaluation reports to the management board within 60 days from the end of those measures . the agency shall make a comprehensive comparative analysis of those results which shall be included in the annual activity report referred to in article 65 . ### the executive director shall , based on a reporting and evaluation scheme containing indictors and benchmarks for the evaluation , including with regard to the protection of fundamental rights , and taking into account , where available , information from other union agencies and bodies and from other sources such as the unhcr and non - governmental organisations , evaluate the result of the operational and technical measures and shall transmit detailed evaluation reports to the management board within 60 days from the end of those measures . the agency shall make a comprehensive comparative analysis of those results which shall be included in the annual activity report referred to in article 65 .


### member states shall contribute to the asylum support teams through a national expert pool on the basis of the various defined profiles and by nominating experts corresponding to the required profiles . ### member states shall contribute to the asylum support teams through a national expert pool on the basis of the various defined profiles and by nominating experts corresponding to the required profiles . expert members of courts and tribunals shall be nominated by the relevant judicial bodies .


### modalities of cooperation with third countries , other union agencies , bodies , offices or international organisations ; ### modalities of cooperation with third countries , other union agencies , bodies , offices or international organisations in areas where those actors have similar mandates ;


### the executive director and the host member state shall draw up an operational plan within three working days from the day on which the decision to deploy the asylum support teams is taken . ### the executive director and the host member state shall draw up an operational plan within three working days from the day on which the decision to deploy the asylum support teams is taken , but no later than two weeks from the date of receipt of the assistance request .


### the experts of the asylum intervention pool shall be deployed in accordance with the procedure set out in article 20 provided however that experts shall be deployed from each member state within three working days from the date on which the operational plan is agreed upon by the executive director and the member state requesting assistance . the member states may not invoke the exception provided for in article 17 . ### the experts of the asylum intervention pool shall be deployed in accordance with the procedure set out in article 20 provided however that experts shall be made available for deployment from each member state within three working days from the date on which the operational plan is agreed upon by the executive director and the member state requesting assistance . the member states may not invoke the exception provided for in article 17 .


### where the asylum and reception systems of a member state are subject to disproportionate pressure that places exceptionally heavy and urgent demands on those systems , the agency shall , at the request of the member state concerned or on its own initiative , organise and coordinate a comprehensive set of operational and technical measures as referred to in article 16 and deploy experts from the asylum intervention pool referred to in article 18 and experts from its own staff to reinforce the asylum and reception systems within a short period of time . ### where the asylum and reception systems of a member state are having to cope with a strong and pressing demand for international protection , the agency shall , at the request of the member state concerned or on its own initiative , organise and coordinate a comprehensive set of operational and technical measures as referred to in article 16 and deploy experts from the asylum intervention pool referred to in article 18 and experts from its own staff to reinforce the asylum and reception systems within a short period of time .


### the member states shall make available the experts from the asylum intervention pool as determined by the executive director . ### the member states shall make available the experts from the asylum intervention pool as determined by the executive director and address the recommendations of the agency diligently .


### the agency may acquire or lease technical equipment by decision of the executive director , in consultation with the management board . any acquisition or leasing of equipment shall be preceded by a thorough needs and cost / benefit analysis . any such expenditure shall be provided for in the agency ' s budget as adopted by the management board and in accordance with the financial rules applicable to the agency . ### the agency , on its own initiative or at the request of member states , may acquire or lease technical equipment by decision of the executive director , in consultation with the management board . any acquisition or leasing of equipment shall be preceded by a thorough needs and cost / benefit analysis . any such expenditure shall be provided for in the agency ' s budget as adopted by the management board and in accordance with the financial rules applicable to the agency .


### the management board shall establish measures for the application of regulation no 45 / 2001 by the agency , including those concerning the appointment of a data protection officer of the agency . those measures shall be established after consultation of the european data protection supervisor . ### a data protection officer shall be appointed in accordance with regulation no 45 / 2001 . the management board shall establish measures for the application of that regulation by the agency . those measures shall be established after consultation of the european data protection supervisor .


### the personal data shall be deleted as soon as they have been transmitted to the european agency for the management of operational cooperation at the external borders of the member states , europol or eurojust or to the competent authorities of member states or used for information analysis on the situation of asylum . the storage period shall in any case not exceed 30 days after the date on which the agency collects or receives those data . in the result of the information analysis on the situation of asylum , data shall not allow for the identification of a natural person at any time . ### the personal data shall be deleted as soon as they have been transmitted to the european agency for the management of operational cooperation at the external borders of the member states , europol or eurojust or to the competent authorities of member states or used for information analysis on the situation of asylum . the storage period shall in any case not exceed 60 days after the date on which the agency collects or receives those data . in the result of the information analysis on the situation of asylum , data shall not allow for the identification of a natural person at any time .


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


### submit draft reports and draft recommendations in the context of the monitoring exercise to the member state concerned and subsequently to the management board in accordance with article 14 and ; ### submit draft recommendations in the context of the monitoring exercise to the member state concerned and subsequently to the management board in accordance with article 14 of this regulation ;


### by 31 march of the following financial year , the agency shall send the report on the budgetary and financial management to the european parliament , the council and the court of auditors . ### by 31 march of the following financial year , the agency shall send the report on the budgetary and financial management to the european parliament , the council and the court of auditors . that report shall provide details of expenditure for each of the individual tasks listed in article 2 .


### no later than three years from the day of entry into force of this regulation , and every five years thereafter , the commission shall commission an evaluation to assess , in particular , the agency ' s performance in relation to its objectives , mandate and tasks . that evaluation shall cover the agency ' s impact on practical cooperation on asylum - related matters and on the ceas . the evaluation shall take due regard of progress made , within its mandate , including assessing whether additional measures are necessary to ensure effective solidarity and sharing of responsibilities with member states subject to particular pressure . ### no later than three years from the day of entry into force of this regulation , and every five years thereafter , the commission shall present an evaluation to assess , in particular , the agency ' s performance in relation to its objectives , mandate and tasks . that evaluation shall cover the agency ' s impact on practical cooperation on asylum - related matters and on the ceas . the evaluation shall take due regard of progress made , within its mandate , including assessing whether additional measures are necessary to ensure effective solidarity and sharing of responsibilities with member states subject to particular pressure .


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


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


### throughout the economic and financial crisis , the union has made efforts to promote growth , in particular through initiatives set out in the europe 2020 strategy that put in place an approach for smart , sustainable and inclusive growth . the european investment bank has also strengthened its role in instigating and promoting investment within the union , partly by way of an increase in capital in january 2013 . further action is required to ensure that the investment needs of the union are addressed and that the liquidity available on the market is used efficiently and channelled towards the funding of viable investment projects . ### throughout the economic and financial crisis , the union has made efforts to promote growth , in particular through initiatives set out in the europe 2020 strategy that put in place an approach for smart , sustainable and inclusive growth . the european investment bank has also strengthened its role in instigating and promoting investment within the union , partly by way of an increase in capital in january 2013 . further action is required to coordinate policies and instruments and to ensure that the investment needs of the union are addressed and that the liquidity available on the market is used efficiently and channelled towards the funding of viable investment projects .


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


### the purpose of the efsi should be to help resolve the difficulties in financing and implementing productive investments in the union and to ensure increased access to financing . it is intended that increased access to financing should be of particular benefit to small and medium enterprises . it is also appropriate to extend the benefit of such increased access to financing to mid - cap companies , which are companies having up to 3000 employees . overcoming europe ' s current investment difficulties should contribute to strengthening the union ' s economic , social and territorial cohesion . ### the purpose of the efsi should be : a ) to help resolve the difficulties in financing and implementing productive investments in the union and b ) to ensure increased access to financing . it is intended that increased access to financing should be of particular benefit to small and medium enterprises and small mid - cap companies and innovative smes and innovative mid - cap companies . it is also appropriate to extend the benefit of such increased access to financing to mid - cap companies , which are companies having up to 3000 employees . overcoming europe ' s current investment difficulties should contribute to strengthening the union ' s competitiveness , innovation potential , economic , social and territorial cohesion and , through the transition to a sustainable economy , to greater energy and resource efficiency . moreover , the emphasis on small and innovative companies should contribute to a sustainable re - industrialisation - particularly by enhancing the global competitiveness of european smes through investment in the digitisation of the industrial value added chain .


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


### the purpose of the efsi should be to help resolve the difficulties in financing and implementing productive investments in the union and to ensure increased access to financing . it is intended that increased access to financing should be of particular benefit to small and medium enterprises . it is also appropriate to extend the benefit of such increased access to financing to mid - cap companies , which are companies having up to 3000 employees . overcoming europe ' s current investment difficulties should contribute to strengthening the union ' s economic , social and territorial cohesion . ### the purpose of the efsi should be to help resolve the difficulties in financing and implementing productive investments in the union , to overcome the current investments gap among member states in the union and to ensure increased access to financing . it is intended that increased access to financing should be of particular benefit to small and medium enterprises notably innovative enterprises and start - ups . it is also appropriate to extend the benefit of such increased access to financing to mid - cap companies , which are companies having up to 3000 employees . overcoming europe ' s current investment difficulties should contribute to strengthening the union ' s innovation potential , economic , social and territorial cohesion .


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


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


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


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


### the efsi should be established within the eib in order to benefit from its experience and proven track record and in order for its operations to start to have a positive impact as quickly as possible . the work of the efsi on providing finance to small and medium enterprises and small mid - cap companies should be channelled through the european investment fund to benefit from its experience in these activities . ### the efsi should be established within the eib in order to benefit from its experience and proven track record and in order for its operations to start to have a positive impact as quickly as possible . the provision of efsi funding to small and medium enterprises and small mid - cap companies should be channelled through the european investment fund and the eib to benefit from its experience in these activities .


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


### provided that all relevant eligibility criteria are fulfilled , member states may use european structural investment funds to contribute to the financing of eligible projects that are supported by the eu guarantee . the flexibility of this approach should maximise the potential to attract investors to the areas of investment targeted by the efsi . ### provided that all relevant eligibility criteria are fulfilled , third parties may co - finance together with efsi on a project - by - project basis or in investment platforms related to geographic or thematic sectors . member states may use european structural investment funds to contribute to the financing of eligible projects that are supported by the eu guarantee . the flexibility of this approach should maximise the potential to attract investors to the areas of investment targeted by the efsi .


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


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


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


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


### no decision of the steering board shall be adopted if the commission or the eib votes against it . ### no decision of the steering board shall be adopted if the commission , the eib or the european parliament votes against it .


### the union shall provide a guarantee to the eib for financing or investment operations carried out within the union covered by this regulation . the eu guarantee shall be granted as a guarantee on demand in respect of instruments referred to in article 6 . ### the union shall provide an irrevocable and unconditional guarantee for financing or investment operations carried out within the union , or operations between a member state and a country falling within the scope of the european neighbourhood policy including the strategic partnership , the enlargement policy , and the european economic area or the european free trade association , or between a member state and an overseas country or territory , as set out in annex ii of the treaty on the functioning of the european union , covered by this regulation . the eu guarantee shall be granted as a guarantee on demand in respect of instruments referred to in article 6 .


### in addition , the eu guarantee shall be granted for support of dedicated investment platforms and national promotional banks , via the eib , that invest in operations meeting the requirements of this regulation . in that case , the steering board shall specify policies regarding eligible investment platforms . ### in addition , the eu guarantee shall be granted for support of dedicated investment platforms and national promotional banks and other similar structures that invest in operations meeting the requirements of this regulation after approval by investment committee referred to in article 3 . in that case , the steering board shall specify policies , in accordance with article 3 , regarding eligible investment platforms .


### provided that all relevant eligibility criteria are fulfilled , member states may use european structural and investment funds to contribute to the financing of eligible projects in which the eib is investing with the support of the eu guarantee . ### provided that all relevant eligibility criteria are fulfilled , member states may use any type of union financing , including european structural and investment funds to contribute to the financing of eligible projects in which the eib is investing with the support of the eu guarantee


### eib loans , guarantees , counter - guarantees , capital market instruments , any other form of funding or credit enhancement instrument , equity or quasi - equity participations . these instruments shall be granted , acquired or issued for the benefit of operations carried out in the union , including cross - border operations between a member state and a third country , in compliance with this regulation and where eib financing has been granted in accordance with a signed agreement which has neither expired nor been cancelled ; ### eib loans , guarantees , counter - guarantees , capital market instruments , any other form of funding or credit enhancement instrument , equity or quasi - equity participations , including through national promotional banks or institutions or investment platforms . these instruments shall be granted , acquired or issued for the benefit of operations carried out in the union , including cross - border operations between a member state and a third country , in compliance with this regulation and where eib financing has been granted in accordance with a signed agreement which has neither expired nor been cancelled ;


### eib funding to the eif enabling it to undertake loans , guarantees , counter - guarantees , any other form of credit enhancement instrument , capital market instruments and equity or quasi - equity participations . these instruments shall be granted , acquired or issued for the benefit of operations carried out in the union , in compliance with this regulation and where eif financing has been granted in accordance with a signed agreement which has neither expired nor been cancelled . ### eib funding to the eif enabling it to undertake loans , guarantees , counter - guarantees , any other form of credit enhancement instrument , capital market instruments and equity or quasi - equity participations , including through national promotional banks or institutions or investment platforms . these instruments shall be granted , acquired or issued for the benefit of operations carried out in the union , in compliance with this regulation and where eif financing has been granted in accordance with a signed agreement which has neither expired nor been cancelled .


### the eu guarantee to the eib shall be of an amount equal to eur 16 000 000 000 , of which a maximum amount of eur 2&#160 ; 500 000 000 may be allocated for eib funding to the eif in accordance with paragraph 2 . without prejudice to article 8 , aggregate payments from the union under the guarantee to the eib shall not exceed the amount of the guarantee . ### the eu guarantee to the eib shall be of an amount equal to eur 16 000 000 000 , of which eur 2 500 000 000 shall be allocated for eib funding to the eif in accordance with paragraph 2 for the purposes set out in article 1 . without prejudice to article 8 , aggregate payments from the union under the guarantee to the eib shall not exceed the amount of the guarantee .


### endowments to the guarantee fund referred to in paragraph 2 shall be used to reach an appropriate level to reflect the total eu guarantee obligations . the target amount shall be set at 50% of the union ' s total guarantee obligations . ### endowments to the guarantee fund referred to in paragraph 2 shall be used to reach an appropriate level to reflect the total eu guarantee obligations . the target amount shall be set at 30% of the union ' s total guarantee obligations .


### from 1 january 2019 , if as a result of calls on the guarantee , the level of the guarantee fund falls below 50% of the target amount , the commission shall submit a report on exceptional measures that may be required to replenish it . ### from 1 january 2019 , if as a result of calls on the guarantee , the level of the guarantee fund falls below 30% of the target amount , the commission shall submit a report on exceptional measures that may be required to replenish it .


### the commission and the eib , with support from the member states , shall promote the creation of a transparent pipeline of current and potential future investment projects in the union . the pipeline is without prejudice to the final projects selected for support according to article 3 . ### the commission and the eib , with support from the member states , shall promote the creation of a transparent pipeline of current and potential future investment projects in the union . the pipeline is without prejudice to the final projects selected for support according to article 3 but should indicate whether the proposed projects are eligible for the eu guarantee fund in accordance with the objectives and criteria laid down in article 5 .


### the commission and the eib , with support from the member states , shall promote the creation of a transparent pipeline of current and potential future investment projects in the union . the pipeline is without prejudice to the final projects selected for support according to article 3 . ### the commission and the eib , with support from the member states , shall establish the creation of a transparent pipeline of current and potential future investment projects in the union . the pipeline is without prejudice to the final projects selected for support according to article 3 . the criteria to select investment project shall take into account the added value in terms of economic and social sustainability .


### member states shall develop , update and disseminate , on a regular and structured basis , information on current and future investment projects in their territory . ### member states shall develop , update and disseminate , involving partners according to article 5 of eu regulation no 1303 / 2013 on regional and local level , on a regular and structured basis , information on current and future investment projects in their territory .


### an assessment of the added value , the mobilisation of private sector resources , the estimated and actual outputs , outcomes and impact of eib financing and investment operations at an aggregated basis ; ### an assessment of the economic and societal added value , the mobilisation of private sector resources , the estimated outputs , outcomes and impact of eib financing and investment operations at an aggregated basis , that includes the impact on the creation of future oriented , sustainable and high quality employment , the results , in terms of improvements of the digital agenda scoreboard , deriving from the new investments , the increase of the competiveness and the innovation potential of the union’s economy ;


### an assessment of the quality of eib financing and investment operations ; ### an assessment of the quality and effectiveness of eib financing and investment operations ;


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


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


### proposal for a regulation of the european parliament and of the council on addressing geo - blocking and other forms of discrimination based on customers ' nationality , place of residence or place of establishment within the internal market and amending regulation no 2006 / 2004 and directive 2009 / 22 / ec ### proposal for a regulation of the european parliament and of the council on addressing unjustified geo - blocking and other forms of discrimination based on consumers ' nationality or place of residence within the internal market and amending regulation no 2006 / 2004 and directive 2009 / 22 / ec


### in order to realise the objective of ensuring good functioning of the internal market , as an area without internal frontiers in which the free movement of inter alia goods and services is ensured , it is not sufficient to abolish , as between member states , only state barriers . such abolition can be undermined by private parties putting in place obstacles inconsistent with internal market freedoms . that occurs where traders operating in one member state block or limit the access to their online interfaces , such as websites and apps , of customers from other member states wishing to engage in cross - border commercial transactions . it also occurs through other actions by certain traders involving the application of different general conditions of access to their goods and services with respect to such customers from other member states , both online and offline . whereas there may sometimes be objective justifications for such differential treatment , in other cases traders deny consumers wishing to engage in cross - border commercial transactions access to goods or services , or apply different conditions in this regard , for purely commercial reasons . ### in order to realise the objective of ensuring good functioning of the internal market , as an area without internal frontiers in which the free movement of inter alia goods and services is ensured , it is not sufficient to abolish , as between member states , only state barriers . such abolition can be undermined by private parties putting in place obstacles inconsistent with internal market freedoms . that occurs where traders operating in one member state block or limit the access to their online interfaces , such as websites and apps , of consumers from other member states wishing to engage in cross - border commercial transactions . it also occurs through other actions by certain traders involving the application of different general conditions of access to their goods and services with respect to such consumers from other member states , both online and offline . whereas there may sometimes be objective justifications for such differential treatment , in other cases traders deny consumers wishing to engage in cross - border commercial transactions access to goods or services , or apply different conditions in this regard , for unjustified reasons .


### in order to realise the objective of ensuring good functioning of the internal market , as an area without internal frontiers in which the free movement of inter alia goods and services is ensured , it is not sufficient to abolish , as between member states , only state barriers . such abolition can be undermined by private parties putting in place obstacles inconsistent with internal market freedoms . that occurs where traders operating in one member state block or limit the access to their online interfaces , such as websites and apps , of customers from other member states wishing to engage in cross - border commercial transactions . it also occurs through other actions by certain traders involving the application of different general conditions of access to their goods and services with respect to such customers from other member states , both online and offline . whereas there may sometimes be objective justifications for such differential treatment , in other cases traders deny consumers wishing to engage in cross - border commercial transactions access to goods or services , or apply different conditions in this regard , for purely commercial reasons . ### in order to realise the objective of ensuring good functioning of the internal market , as an area where most barriers to trade have been removed and in which the free movement of , inter alia , people , goods and services is ensured , and in order to achieve the objectives set out in the digital market strategy , it is not sufficient to abolish , as between member states , only administrative red - tape . such abolition can be undermined by certain private parties putting in place obstacles that are inconsistent with the principles and freedoms of the internal market . that occurs where traders operating in one member state , in exceptional situations , unjustly block or limit the access to their online interfaces , such as websites and apps , of consumers from other member states wishing to engage in cross - border commercial transactions . it also occurs through other actions by certain traders involving the application of different restrictive general conditions of access to their goods and services with respect to such consumers from other member states , both online and offline . this practice undermines the core purpose of the internal market , lowers consumers ' options and the level of competition .