### to ensure the necessary prerequisites for the effective and efficient use of union support granted by the funds , a limited list of enabling conditions as well as a concise and exhaustive set of objective criteria for their assessment should be established . each enabling condition should be linked to a specific objective and should be automatically applicable where the specific objective is selected for support . where those conditions are not fulfilled , expenditure related to operations under the related specific objectives should not be included in payment applications . . in order to maintain a favourable investment framework , the continued fulfilment of the enabling conditions should be monitored regularly . it is also important to ensure that operations selected for support are implemented consistently with the strategies and planning documents in place underlying the fulfilled enabling conditions , thus ensuring that all co - financed operations are in line with the union policy framework . ### to ensure the necessary prerequisites for the non - discriminatory , inclusive , effective , efficient and transparent use of union support granted by the funds , which can also contribute to re - building the trust of eu citizens concerning the eu and its workings , a limited list of enabling conditions as well as a concise and exhaustive set of objective criteria for their assessment should be established . each enabling condition should be linked to a specific objective and should be automatically applicable where the specific objective is selected for support . where those conditions are not fulfilled , expenditure related to operations under the related specific objectives should not be included in payment applications . . in order to maintain a favourable investment framework , the continued fulfilment of the enabling conditions should be monitored regularly . it is also important to ensure that operations selected for support are implemented consistently with the strategies and planning documents in place underlying the fulfilled enabling conditions , thus ensuring that all co - financed operations are in line with the union policy framework .


### to better mobilise potential at the local level , it is necessary to strengthen and facilitate clld . it should take into account local needs and potential , as well as relevant socio - cultural characteristics , and should provide for structural changes , build community capacity and stimulate innovation . the close cooperation and integrated use of the funds to deliver local development strategies should be strengthened . local action groups , representing the interests of the community , should be , as an essential principle responsible for the design and implementation of clld strategies . in order to facilitate coordinated support from different funds to clld strategies and to facilitate their implementation , the use of a ' lead fund ' approach should be facilitated . ### to better mobilise potential at the local level , it is necessary to strengthen and facilitate clld . it should take into account local needs and potential , as well as relevant socio - cultural characteristics , and should provide for structural changes , build community capacity and stimulate innovation and research . the close cooperation and integrated use of the funds to deliver local development strategies should be strengthened . local action groups , representing the interests of the community , should be , as an essential principle responsible for the design and implementation of clld strategies . in order to facilitate coordinated support from different funds to clld strategies and to facilitate their implementation , the use of a ' lead fund ' approach should be facilitated .


### in order to examine the performance of the programmes , the member state should set up monitoring committees . for the erdf , the esf + and the cohesion fund , annual implementation reports should be replaced by an annual structured policy dialogue based on the latest information and data on programme implementation made available by the member state . ### in order to examine the performance of the programmes , the member state should set up monitoring committees consisting of the relevant social partners , civil society , equality bodies , and independent human rights organisations . transparency and balanced representation are key , therefore , gender balance and appropriate representation of minority and other excluded groups have to be safeguarded . the monitoring committees shall be approved by the european commission . for the erdf , the esf + and the cohesion fund , annual implementation reports should be replaced by an annual structured policy dialogue based on the latest information and data on programme implementation made available by the member state .


### in order to support the preparation of related programmes and activities of the next programming period , the commission should carry out a mid - term assessment of the funds . at the end of the programming period , the commission should carry out retrospective evaluations of the funds , which should focus on the impact of the funds . ### in order to support the preparation of related programmes and activities of the next programming period , the commission should carry out a mid - term assessment of the funds . at the end of the programming period , the commission should carry out retrospective evaluations of the funds , which should assess the non - discriminatory outreach and impact of the funds , and for the sake of informing citizens and restoring their trust in the eu and its institutions , the commission should also publish the results of the evaluations .


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


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


### in full respect of the applicable state aid and public procurement rules already clarified during the 2014 - 2020 programming period , the managing authorities should have the possibility to decide on the most appropriate implementation options for financial instruments in order to address the specific needs of target regions . ### in full respect of the applicable state aid and public procurement rules already clarified during the 2014 - 2020 programming period , the managing authorities should have the possibility to decide on the most appropriate implementation options for financial instruments in order to address the specific needs of target regions and to obtain maximum positive effects .


### it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . ### it is of particular importance that the commission carry out appropriate consultations , with all interested parties , during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts .


### a smarter europe by promoting innovative and smart economic transformation ; ### a smarter europe by promoting innovative , sustainable&#160 ; and smart economic transformation ;


### a more social europe implementing the european pillar of social rights ; ### a non - discriminatory , inclusive and more social europe implementing the european pillar of social rights and eliminating poverty and social exclusion ;


### a europe closer to citizens by fostering the sustainable and integrated development of urban , rural and coastal areas and local initiatives . ### a europe closer to citizens by fostering the sustainable and integrated development of urban , rural and coastal areas and local initiatives , especially in the regions that have a low development level .


### member states and the commission shall ensure the coordination , complementarity and coherence between the funds and other union instruments such as the reform support programme , including the reform delivery tool and the technical support instrument . they shall optimise mechanisms for coordination between those responsible to avoid duplication during planning and implementation . ### member states and the commission shall ensure the coordination , complementarity and coherence between the funds and other union instruments such as the reform support programme , including the reform delivery tool and the technical support instrument , the post - 2020 eu framework for national roma integration strategies , etc . they shall optimise mechanisms for coordination between those responsible to avoid duplication during planning and implementation .


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


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


### in accordance with the multi - level governance principle , the member state shall involve those partners in the preparation of partnership agreements and throughout the preparation and implementation of programmes including through participation in monitoring committees in accordance with article 34 . ### in accordance with the multi - level governance principle , the member state shall involve those partners in the preparation of partnership agreements and throughout the preparation and implementation of programmes including through participation in monitoring committees in accordance with article 34 . transparency and balanced representation are key , therefore , gender balance and appropriate representation of minority and other excluded groups have to be safeguarded . the monitoring committees shall be approved by the european commission .


### for each specific objective , prerequisite conditions for its effective and efficient implementation are laid down in this regulation . ### for each specific objective , prerequisite conditions for its inclusive , non - discriminatory , effective and efficient implementation are laid down in this regulation .


### the output and result indicators linked to specific objectives set in the fund - specific regulations ; ### verifiable and auditable&#160 ; output and result indicators linked to specific objectives set in the fund - specific regulations ;


### for programmes supported by the amif , the isf and the bmvi , progress in implementing the relevant union acquis and action plans ; ### for programmes supported by the amif , the isf and the bmvi , progress in implementing the relevant union acquis and action plans and identified shortcomings ;


### the commission shall assess the amendment and its compliance with this regulation and with the fund - specific regulations , including requirements at national level , and may make observations within three months of the submission of the amended programme . ### the commission shall assess the amendment and its compliance with this regulation and with the fund - specific regulations , including requirements at national level , and may make observations within 60 days of the submission of the amended programme .


### the commission shall approve the amendment of a programme no later than six months after its submission by the member state . ### the commission shall approve the amendment of a programme no later than three months after its submission by the member state .


### building the capacity of local actors to develop and implement operations ; ### building the capacity of local actors to initiate , develop and implement operations ;


### the member state shall determine the composition of the monitoring committee and shall ensure a balanced representation of the relevant member state authorities and intermediate bodies and of representatives of the partners referred to in article 6 . ### the member state shall make a proposal for the composition of the monitoring committee and shall ensure a balanced representation of the relevant member state authorities and intermediate bodies and of representatives of the partners referred to in article 6 . gender balance and appropriate representation of minority and other excluded groups in the monitoring committee have to be safeguarded . the monitoring committees shall be approved by the european commission .


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


### the commission shall carry out a mid - term evaluation to examine the effectiveness , efficiency , relevance , coherence and eu added value of each fund by the end of 2024 . the commission may make use of all relevant information already available in accordance with article [ 128 ] of the financial regulation . ### the commission shall carry out a mid - term evaluation to examine the inclusiveness , non - discriminatory nature , effectiveness , efficiency , relevance , coherence and eu added value of each fund by the end of 2024 . the commission may make use of all relevant information already available in accordance with article [ 128 ] of the financial regulation .


### the managing authority shall ensure that , within six months of the programme ' s approval , there is a website where information on programmes under its responsibility is available , covering the programme ' s objectives , activities , available funding opportunities and achievements . ### the managing authority shall ensure that , within six months of the programme ' s approval , there is a website where information on programmes under its responsibility is available , covering the programme ' s objectives , activities , actions safeguarding inclusiveness and non - discrimination , &#160 ; available funding opportunities and achievements .


### the managing authority shall ensure that , within six months of the programme ' s approval , there is a website where information on programmes under its responsibility is available , covering the programme ' s objectives , activities , available funding opportunities and achievements . ### the managing authority shall ensure that , within&#160 ; three months of the programme ' s approval , there is a website where information on programmes under its responsibility is available , covering the programme ' s objectives , activities , available funding opportunities and achievements .


### member states shall ensure the legality and regularity of expenditure included in the accounts submitted to the commission and shall take all required actions to prevent , detect and correct and report on irregularities including fraud . ### member states shall ensure the legality and regularity of expenditure included in the accounts submitted to the commission and shall take all required actions , in due time , to prevent , detect and correct and report on irregularities including fraud .


### for programmes supported by the emff , the amif , the isf and the bmvi , the first sub - paragraph shall apply as from 1 january 2023 . ### for programmes supported by the emff , the amif , the isf and the bmvi , the first sub - paragraph shall apply as from 1 january 2022 .


### the audit authority shall be responsible for carrying out system audits , audits on operations and audits of accounts in order to provide independent assurance to the commission regarding the effective functioning of the management and control systems and the legality and regularity of the expenditure included in the accounts submitted to the commission . ### the audit authority shall be responsible for carrying out system audits , audits on operations including performance audits checking the outreach of the programmes , and audits of accounts in order to provide independent assurance to the commission regarding the effective functioning of the management and control systems and the legality and regularity of the expenditure included in the accounts submitted to the commission .


### following the accession of the union to the geneva act , the commission should as a first step file with the international bureau of the world intellectual property organization an application for registration of a list of geographical indications originating and protected in the territory of the union in their register . the criteria for the establishment of such a list should , as it is the case for some of the bilateral and regional agreements of the union regarding protection of geographical indications , take into account in particular the production value and export value , protection under other agreements as well as current or potential misuse in the third countries concerned . ### following the accession of the union to the geneva act , the commission should as a first step file with the international bureau of the world intellectual property organization an application for registration of a list of geographical indications originating and protected in the territory of the union in their register , in close cooperation with the member states , trade associations and producers concerned . that list should include , as far as possible , geographical indications already registered by the member states that were contracting parties to the special union prior to the european union ' s accession to the geneva act . moreover , the criteria for the establishment of such a list should , as it is the case for some of the bilateral and regional agreements of the union regarding protection of geographical indications , take into account in particular the production value and export value , protection under other agreements as well as current or potential misuse in the third countries concerned .


### in order to ensure that additional geographical indications protected and registered in the union are registered in the international register , it is appropriate to authorise the commission , at a later stage , to file applications for the international registration of such additional geographical indications , on its own initiative or at the request of a member state or of an interested group of producers or , in exceptional cases , at the request of a single producer . ### in order to ensure that additional geographical indications protected and registered in the union are registered in the international register , including the possible extension of protection to geographical indications for non - agricultural products , it is appropriate to authorise the commission , at a later stage , to file applications for the international registration of such additional geographical indications , on its own initiative or at the request of a member state or of an interested group of producers or , in exceptional cases , at the request of a single producer . in this regard , the commission should use a regular mechanism to consult member states , trade associations and european producers in order to establish a fluid dialogue with stakeholders .


### the commission shall adopt an implementing act establishing the list of geographical indications referred to in the first paragraph , in accordance with the examination procedure referred to in article 13 . ### the commission shall adopt an implementing act establishing the list of geographical indications referred to in the first paragraph , in accordance with the examination procedure referred to in article 13 . the list shall include , as far as possible , european geographical indications already registered in the international register by the member states that were contracting parties to the special union prior to the european union ' s accession to the geneva act .


### following the accession of the union to the geneva act , the commission may on its own initiative or at the request of a member state or of an interested group of producers or of the single producer using a geographical indication protected and registered in the union , adopt implementing acts in order to file an application for international registration of a geographical indication protected and registered under union law and pertaining to a product originating in the union with the international bureau . ### following the accession of the union to the geneva act , the commission may on its own initiative or at the request of a member state or of an interested group of producers or of the single producer using a geographical indication protected and registered in the union , adopt implementing acts in order to file an application for international registration of a geographical indication protected and registered under union law and pertaining to a product originating in the union with the international bureau . to that end , the commission shall use a regular mechanism to consult member states , trade associations and european producers .


### the commission shall assess the publication notified by the international bureau pursuant to article 6 of the geneva act concerning the geographical indications registered in the international register and in respect of which the contracting party of origin , as defined under article 1 of the geneva act , is not a member state , in order to determine whether it contains the mandatory elements laid down in rule 5 of the common regulations under the lisbon agreement and the geneva act 8 , and the particulars concerning the quality , reputation or characteristics as laid down in rule 5 of those regulations , as well as to assess whether the publication relates to a product in respect of which protection within the union of geographical indications is currently provided . the period for carrying out such assessment shall not exceed four months and shall not include assessment of other specific union provisions relating to the placing of products on the market and , in particular , to sanitary and phytosanitary standards , the marketing standards , and to food labelling . _________________ 8 common regulations under the lisbon agreement and the geneva act of the lisbon agreement as adopted by the assembly of the lisbon union on 11 october 2017 , http : / / www . wipo . int / meetings / en / doc_details . jsp ? doc_id=376416 , doc . wipo a / 57 / 11 of 11 october 2017 ### the commission shall assess the publication notified by the international bureau pursuant to article 6 of the geneva act concerning the geographical indications registered in the international register and in respect of which the contracting party of origin , as defined under article 1 of the geneva act , is not a member state , in order to determine whether it contains the mandatory elements laid down in rule 5 of the common regulations under the lisbon agreement and the geneva act 8 , and the particulars concerning the quality , reputation or characteristics as laid down in rule 5 of those regulations , as well as to assess whether the publication relates to a product in respect of which protection within the union of geographical indications is provided . the period for carrying out such assessment shall not exceed four months and shall not include assessment of other specific union provisions relating to the placing of products on the market and , in particular , to sanitary and phytosanitary standards , the marketing standards , and to food labelling . _________________ 8 common regulations under the lisbon agreement and the geneva act of the lisbon agreement as adopted by the assembly of the lisbon union on 11 october 2017 , http : / / www . wipo . int / meetings / en / doc_details . jsp ? doc_id=376416 , doc . wipo a / 57 / 11 of 11 october 2017


### that the geographical indication registered in the international register relates to a product in respect of which protection within the eu of geographical indications is currently not provided ; ### that the geographical indication registered in the international register relates to a product in respect of which protection within the eu of geographical indications is not provided at the moment of opposition ;


### the acts of communication to the public and of making available occurring when providing an ancillary online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction which are necessary for the provision of , the access to or the use of the ancillary online service shall , for the purposes of exercising copyright and related rights relevant for these acts , be deemed to occur solely in the member state in which the broadcasting organisation has its principal establishment . ### the acts of communication to the public and of making available occurring when providing an ancillary broadcaster online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction which are necessary for the provision of , the access to or the use of the ancillary online service shall , for the purposes of exercising copyright and related rights relevant for these acts , be deemed to occur solely in the member state in which the broadcasting organisation has its principal establishment , if the broadcaster has not yet exercised copyright and related rights relevant for these acts .


### the commission has examined available evidence , which points to the importance of having harmonised union rules in this area to ensure the proper functioning of the internal market and avoid , inter alia , disruptions to the scheduling of transport operations and the functioning of information and communication systems , higher costs to cross - border trade , or lower productivity for goods and services . evidence is not conclusive as to whether the benefits of summer - time arrangements outweigh the inconveniences linked to a biannual change of time . ### the commission has examined available evidence , which points to the importance of having harmonised union rules in this area to ensure the proper functioning of the internal market , long - termism and predictability , so as to avoid , inter alia , disruptions to the scheduling of transport operations and the functioning of information and communication systems , higher costs to cross - border trade , or lower productivity for goods and services . evidence is not conclusive as to whether the benefits of summer - time arrangements outweigh the inconveniences linked to a biannual change of time .


### a lively public debate is taking place on summer - time arrangements and some member states have already expressed their preference to discontinue the application of such arrangements . in the light of these developments , it is necessary to continue safeguarding the proper functioning of the internal market and to avoid any significant disruptions thereto caused by divergences between member states in this area . therefore , it is appropriate to put an end in a coordinated way to summer - time arrangements . ### a lively public debate is taking place on summer - time arrangements , as was also evident from the 4 . 6 million responses from citizens in the commission’s open consultation procedure , in which a clear majority opposed the current seasonal changes . some member states have also already expressed their preference to discontinue the application of such arrangements . in the light of these developments , it is necessary to continue safeguarding the proper functioning of the internal market and to avoid any significant disruptions thereto caused by divergences between member states in this area . therefore , it is appropriate to put an end in a coordinated way to summer - time arrangements .


### a lively public debate is taking place on summer - time arrangements and some member states have already expressed their preference to discontinue the application of such arrangements . in the light of these developments , it is necessary to continue safeguarding the proper functioning of the internal market and to avoid any significant disruptions thereto caused by divergences between member states in this area . therefore , it is appropriate to put an end in a coordinated way to summer - time arrangements . ### a lively public debate is taking place on summer - time arrangements and some member states , including a significant portion of the public , have already expressed their preference to discontinue the application of such arrangements . in the light of these developments , it is necessary to continue safeguarding the proper functioning of the internal market and to avoid any significant disruptions thereto caused by divergences between member states in this area . therefore , it is appropriate to put an end in a coordinated way to summer - time arrangements .


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


### this directive should apply from 1 april 2019 , so that the last summer - time period subject to the rules of directive 2000 / 84 / ec should start , in every member state , at 1 . 00 a . m . , coordinated universal time , on 31 march 2019 . member states that , after that summer - time period , intend to adopt a standard time corresponding to the time applied during the winter season in accordance with directive 2000 / 84 / ec should change their standard time at 1 . 00 a . m . , coordinated universal time , on 27 october 2019 , so that similar and lasting changes occurring in different member states take place simultaneously . it is desirable that member states take the decisions on the standard time that each of them will apply as from 2019 in a concerted manner . ### this directive should apply from 18 months after its adoption . member states that , after that summer - time period , intend to adopt a standard time corresponding to the time applied during the winter or summer season in accordance with directive 2000 / 84 / ec should change their standard time at 1 . 00 a . m . , coordinated universal time , on the last sunday in october in that year or the last sunday in march in that year , so that similar and lasting changes occurring in different member states take place simultaneously . it is extremely desirable that member states take the decisions on the standard time that each of them will apply in a concerted manner .


### within 1 month of the notification , the commission shall inform the other member states thereof and publish that information in the official journal of the european union . ### within 1 month of the notification , the commission shall inform the other member states thereof , publish that information in the official journal of the european union and inform the general public .


### the commission shall report to the european parliament and to the council on the implementation of this directive by 31 december 2024 at the latest . ### the commission shall report to the european parliament and to the council on the implementation of this directive by 31 december seven years after the adoption of this directive at the latest .


### member states shall provide the commission with the relevant information by 30 april 2024 at the latest . ### member states shall provide the commission with the relevant information by 30 april seven years after the adoption of this directive at the latest .


### based on the commission report to the council and the european parliament concerning the implementation of directive 2007 / 2 / ec and the refit evaluation52 , it is appropriate , with a view to simplifying the implementation of that directive and reducing administrative burden related to monitoring by member states , to no longer require member states to send to the commission triennial reports , and the commission to present to the european parliament and to the council a summary report , because the reporting fitness check confirmed the limited use of such reports . 53 _________________ 52 com 478 and swd 273 . 53 com 312 . ### based on the commission report to the council and the european parliament concerning the implementation of directive 2007 / 2 / ec and the refit evaluation52 , it is appropriate , with a view to simplifying the implementation of that directive and reducing administrative burden related to monitoring by member states , to no longer require member states to send to the commission triennial reports , and the commission to present to the european parliament and to the council a summary report , because the reporting fitness check confirmed the limited use of such reports . 53 nevertheless , the commission should continue to carry out , at regular intervals , an evaluation of that directive and make it publicly available . _________________ 52 com 478 and swd 273 . 53 com 312 .


### article 14 is deleted ; ### article 14 is amended as follows : the commission , before&#160 ; 1 january 2021 , &#160 ; shall present a report on the effectiveness of the directive in terms of actual remediation of environmental damages , on the availability at reasonable costs and on conditions of insurance and other types of financial security for the activities covered by annex iii . the report shall also consider in relation to financial security the following aspects : a gradual approach , a ceiling for the financial guarantee and the exclusion of low - risk activities . in the light of that report , and of an extended impact assessment , including a cost - benefit analysis , the commission shall , if appropriate , submit proposals for a system of harmonised mandatory financial security .


### member states shall ensure that adequate and up - to - date information , at least on imminent threats of damage is available to the public in an open data format online , in accordance with annex vi of this directive and with article 7 of directive 2003 / 4 / ec of the european parliament and of the council* . for each incident , the information listed in annex vi of this directive shall be provided as a minimum . ### member states shall ensure that adequate and up - to - date information , at least on imminent threats of damage is available to the public and the commission in an open data format online , in accordance with annex vi of this directive and with article 7 of directive 2003 / 4 / ec of the european parliament and of the council* . for each incident , the information listed in annex vi of this directive shall be provided as a minimum .


### the commission services shall publish a union - wide overview including maps on the basis of the data made available by the member states pursuant to paragraph 1 . ### the commission services shall publish a union - wide overview including maps on the basis of the data made available by the member states pursuant to paragraph 1 and update it regularly , at least on an annual basis .


### the commission shall , at regular intervals , carry out an evaluation of this directive . the evaluation shall be based , inter alia , on the following elements : ### the commission shall , at regular intervals , carry out an evaluation of this directive . the evaluation shall be made publicly available and be based , inter alia , on the following elements :


### the commission shall , at regular intervals , carry out an evaluation of this directive . the evaluation shall be based , inter alia , on the following elements : ### the commission shall , at regular intervals , carry out an evaluation of this directive and make it publicly available . the evaluation shall be based , inter alia , on the following elements :


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


### a smarter europe by promoting innovative and smart economic transformation ; ### a smarter europe by promoting a sustainable , socially responsible and innovative economic transformation ;


### at least once a year , the commission shall consult the organisations which represent the partners at union level on the implementation of programmes . ### at least once a year , the commission shall consult the organisations which represent the partners at union level on the implementation of programmes , and shall report the outcome to the european parliament and to the council .


### for the erdf support under the investment for jobs and growth goal , and for the cohesion fund support : 2 . 5 % ; ### for the erdf support under the investment for jobs and growth goal , and for the cohesion fund support : &#160 ; 3 . 0% ;


### the commission shall adopt an implementing act setting out the format to be used for reporting of irregularities in accordance with the advisory procedure referred to in article 109 in order to ensure uniform conditions for the implementation of this article . ### the commission shall adopt an implementing act setting out the format to be used for reporting of irregularities in accordance with the advisory procedure referred to in article 109 in order to ensure uniform conditions and rules for the implementation of this article .


### the resources for economic , social and territorial cohesion available for budgetary commitment for the period 2021 - 2027 shall be eur 330 624 388 630 in 2018 prices . ### the resources for economic , social and territorial cohesion available for budgetary commitment for the period 2021 - 2027 shall be eur 372 197 000 000 in 2018 prices .


### resources for the investment for jobs and growth goal shall amount to 97 . 5 % of the global resources and shall be allocated as follows : ### resources for the investment for jobs and growth goal shall amount to 97 . 5 % of the global resources&#160 ; and shall be allocated as follows :


### 6 % for less developed regions ; ### 6 %&#160 ; for less developed regions ;


### 40 % for the more developed regions . ### 50 % for the more developed regions .


### the co - financing rate for interreg programmes shall be no higher than 70 % . ### the co - financing rate for interreg programmes shall be no higher than 85 % .


### chapters i , ii to v , and vii apply to the following products : ### this directive establishes a framework for the setting of union accessibility requirements for products referred to in this paragraph and services referred to in paragraph 2 and subsequent , with the aim of ensuring the free movement of such products within the internal market while at the same time increasing the accessibility of such products and services for persons with functional limitations , including persons with disabilities and older persons . chapters i , ii to v , and vii apply to the following products :


### automatic teller machines ; ### automatic teller machines and payment terminals ;


### telephony services and related consumer terminal equipment with advanced computing capability ; ### telephony services and related consumer terminal equipment with advanced computing capability , as well as the built environment used by clients of customer service centres and shops under the scope of telephony operators ;


### banking services ; ### banking and payment services , as well as the built environment used by clients of banking services ;


### the following self - service terminals : automatic teller machines , ticketing machines and check - in machines shall comply with the requirements set out in section ii of annex i . ### the following payment terminal self - service terminals : automatic teller machines , ticketing machines and check - in machines shall comply with the requirements set out in section ii of annex i .


### banking services , the websites , the mobile device - based banking services , self - service terminals , including automatic teller machines used for provision of banking services shall comply with the requirements set out in section vi of annex i . ### banking and payment services , the websites , the mobile device - based banking and payment services , self - service terminals , including payment terminals and automatic teller machines used for provision of banking and payment services shall comply with the requirements set out in section vi of annex i .


### the accessibility requirements referred to in article 3 apply to the extent that they do not introduce a significant change in an aspect or feature of a product or service that results in the alteration of the basic nature of the product or service . ### the accessibility requirements referred to in article 3 apply to the extent that they do not introduce a significant change to a product or service that results in the alteration of the basic nature of the product or service .


### the objective of this directive is to remove obstacles to the exercise of fundamental freedoms , such as the free movement of capital and freedom of establishment , which result from differences between national laws and procedures on preventive restructuring , insolvency and second chance . this directive aims at removing such obstacles by ensuring that viable enterprises in financial difficulties have access to effective national preventive restructuring frameworks which enable them to continue operating ; that honest over indebted entrepreneurs have a second chance after a full discharge of debt after a reasonable period of time ; and that the effectiveness of restructuring , insolvency and discharge procedures is improved , in particular with a view to shortening their length . ### the objective of this directive is to contribute to the proper functioning of the internal market by removing obstacles to the exercise of fundamental freedoms , such as the free movement of capital and freedom of establishment , which result from differences between national laws and procedures on preventive restructuring , insolvency and second chance . without prejudice to workers ' fundamental rights and freedoms this directive aims at removing such obstacles by ensuring that viable enterprises in financial difficulties have access to effective national preventive restructuring frameworks which enable them to continue operating , thus reducing avoidable job losses while contributing to the same extent as would be the case in the event of liquidation to satisfying creditors ' claims ; that honest over indebted entrepreneurs have a second chance after a full discharge of debt after a reasonable period of time ; and that the effectiveness of restructuring , insolvency and discharge procedures is improved , in particular with a view to shortening their length .


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


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


### there are differences between the member states as regards the range of the procedures available to debtors in financial difficulties in order to restructure their business . some member states have a limited range of procedures meaning that businesses are only able to restructure at a relatively late stage , in the context of insolvency procedures . in other member states , restructuring is possible at an earlier stage but the procedures available are not as effective as they could be or are very formal , in particular limiting the use of out - of - court processes . similarly , national rules giving entrepreneurs a second chance , in particular by granting them discharge from the debts they have incurred in the course of their business , vary between member states in respect of the length of the discharge period and the conditions for granting such a discharge . ### there are differences between the member states as regards the range of the procedures available to debtors in financial difficulties in order to restructure their business . some member states have a limited range of procedures meaning that businesses are only able to restructure at a relatively late stage , in the context of insolvency procedures . in other member states , restructuring is possible at an earlier stage but the procedures available are not as effective as they could be or are very formal , in particular limiting the use of out - of - court processes . preventive solutions are a growing trend in modern insolvency law . the trend goes towards favouring approaches that , unlike the traditional approach of liquidating a business in crisis , have the aim of restoring it to health or , at least , saving those of its units which are still economically viable . that practice is praiseworthy and often helps to maintain jobs or reduce avoidable job losses . similarly , national rules giving entrepreneurs a second chance , in particular by granting them discharge from the debts they have incurred in the course of their business , vary between member states in respect of the length of the discharge period and the conditions for granting such a discharge .


### excessive length of restructuring , insolvency and discharge procedures in several member states is an important factor triggering low recovery rates and deterring investors from making business in jurisdictions where procedures risk taking too long . ### excessive length of restructuring , insolvency and discharge procedures in several member states , or the virtual inexistence of such procedures in some cases , is an important factor triggering long - lasting adverse consequences for the workers concerned , low business recovery rates , deterring investors from doing business in the countries concerned and dramatically contributing to the increase in the number of citizens at risk of poverty or social and labour exclusion , and thereby undermining the social and economic resilience of society as a whole .


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


### those differences lead to uneven conditions for access to credit and to uneven recovery rates in the member states . a higher degree of harmonisation in the field of restructuring , insolvency and second chance is thus indispensable for a well - functioning single market in general and for a working capital markets union in particular . ### those differences lead to uneven conditions for access to credit and to uneven recovery rates in the member states . for a working capital markets union and a well - functioning single market , it is imperative to enhance harmonisation in the field of restructuring , insolvency and second chance .


### consumer over - indebtedness is a matter of great economic and social concern and is closely related to the reduction of debt overhang . furthermore , it is often not possible to draw a clear distinction between the consumer and business debts of an entrepreneur . a second chance regime for entrepreneurs would not be effective if the entrepreneur had to go through separate procedures , with different access conditions and discharge periods , to discharge his business personal debts and his non - business personal debts . for these reasons , although this directive does not include binding rules on consumer over - indebtedness , member states should be able to also apply the discharge provisions to consumers . ### consumer over - indebtedness is a matter of great economic and social concern and is closely related to the reduction of debt overhang . furthermore , it is often not possible to draw a clear distinction between the consumer and business debts of an entrepreneur . a second chance regime for entrepreneurs would not be effective if the entrepreneur had to go through separate procedures , with different access conditions and discharge periods , to discharge his business personal debts and his non - business personal debts . for these reasons member states should define discharge provisions applicable to consumers .


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


### a debtor should be able to request the judicial or administrative authority for a temporary stay of individual enforcement actions which should also suspend the obligation to file for opening of insolvency procedures where such actions may adversely affect negotiations and hamper the prospects of a restructuring of the debtor ' s business . the stay of enforcement could be general , that is to say affecting all creditors , or targeted towards individual creditors . in order to provide for a fair balance between the rights of the debtor and of creditors , the stay should be granted for a period of no more than four months . complex restructurings may , however , require more time . member states may decide that in such cases , extensions of this period may be granted by the judicial or administrative authority , providing there is evidence that negotiations on the restructuring plan are progressing and that creditors are not unfairly prejudiced . if further extensions are granted , the judicial or administrative authority should be satisfied that there is a strong likelihood that a restructuring plan will be adopted . member states should ensure that any request to extend the initial duration of the stay is made within a reasonable deadline so as to allow the judiciary or administrative authorities to deliver a decision within due time . where a judicial or administrative authority does not take a decision on the extension of a stay of enforcement before it lapses , the stay should cease to have effects on the day the stay period expires . in the interest of legal certainty , the total period of the stay should be limited to twelve months . ### a debtor should be able to request the judicial or administrative authority for a temporary stay of individual enforcement actions which should also suspend the obligation to file for opening of insolvency procedures where such actions may adversely affect negotiations and hamper the prospects of a restructuring of the debtor ' s business . the stay of enforcement could be general , that is to say affecting all creditors , or targeted towards individual creditors . in order to provide for a fair balance between the rights of the debtor and of creditors , the stay should be granted for a period of no more than four months . complex restructurings may , however , require more time . member states may decide that in such cases , extensions of this period may be granted by the judicial or administrative authority , providing there is evidence that negotiations on the restructuring plan are progressing and that creditors are not unfairly prejudiced . if further extensions are granted , the judicial or administrative authority should be satisfied that there is a strong likelihood that a restructuring plan will be adopted and will succeed . member states should ensure that any request to extend the initial duration of the stay is made within a reasonable deadline so as to allow the judiciary or administrative authorities to deliver a decision within due time . where a judicial or administrative authority does not take a decision on the extension of a stay of enforcement before it lapses , the stay should cease to have effects on the day the stay period expires . in the interest of legal certainty , the total period of the stay should be limited to twelve months .


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


### while shareholders ' or other equity holders ' legitimate interests should be protected , member states should ensure that shareholders cannot unreasonably block the adoption of restructuring plans which would bring the debtor back to viability . for example , the adoption of a restructuring plan should not be conditional on the agreement of the out - of - the - money equity holders , namely equity holders who , upon a valuation of the enterprise , would not receive any payment or other consideration if the normal ranking of liquidation priorities were applied . member states can deploy different means to achieve this goal , for example by not giving equity holders the right to vote on a restructuring plan . however , where equity holders have the right to vote on a restructuring plan , a judicial or administrative authority should be able to confirm the plan notwithstanding the dissent of one or more classes of equity holders , through a cross - class cram down mechanism . more classes of equity holders may be needed where different classes of shareholdings with different rights exist . equity holders of small and medium enterprises who are not mere investors but are the owners of the firm and contribute to the firm in other ways such as managerial expertise may not have an incentive to restructure under such conditions . for this reason , the cross - class cram - down mechanism should remain optional for the plan proposer . ### while shareholders ' or other equity holders ' legitimate interests should be protected , member states should ensure that shareholders cannot unreasonably block the adoption of restructuring plans which would bring the debtor back to viability or enable the viable parts of its business to be continued by another enterprise after its transfer . for example , the adoption of a restructuring plan should not be conditional on the agreement of the out - of - the - money equity holders , namely equity holders who , upon a valuation of the enterprise , would not receive any payment or other consideration if the normal ranking of liquidation priorities were applied . member states can deploy different means to achieve this goal , for example by not giving equity holders the right to vote on a restructuring plan . however , where equity holders have the right to vote on a restructuring plan , a judicial or administrative authority should be able to confirm the plan notwithstanding the dissent of one or more classes of equity holders , through a cross - class cram down mechanism . more classes of equity holders may be needed where different classes of shareholdings with different rights exist . equity holders of small and medium enterprises who are not mere investors but are the owners of the firm and contribute to the firm in other ways such as managerial expertise may not have an incentive to restructure under such conditions . for this reason , the cross - class cram - down mechanism should remain optional for the plan proposer .


### the success of a restructuring plan may often depend on whether there are financial resources in place to support first the operation of the business during restructuring negotiations and second the implementation of the restructuring plan after its confirmation . new financing or interim financing should therefore be exempt from avoidance actions which seek to declare such financing void , voidable or unenforceable as an act detrimental to the general body of creditors in the context of subsequent insolvency procedures . national insolvency laws providing for avoidance actions if and when the debtor becomes eventually insolvent or stipulating that new lenders may incur civil , administrative or criminal sanctions for extending credit to debtors in financial difficulties are jeopardising the availability of financing necessary for the successful negotiation and implementation of a restructuring plan . as opposed to new financing which should be confirmed by a judicial or administrative authority as part of a restructuring plan , when interim financing is extended the parties do not know whether the plan will be eventually confirmed or not . limiting the protection of interim finance to cases where the plan is adopted by creditors or confirmed by a judicial or administrative authority would discourage the provision of interim finance . to avoid potential abuses , only financing that is reasonably and immediately necessary for the continued operation or survival of the debtor ' s business or the preservation or enhancement of the value of that business pending the confirmation of that plan should be protected . protection from avoidance actions and protection from personal liability are minimum guarantees granted to interim financing and new financing . however , encouraging new lenders to take the enhanced risk of investing in a viable debtor in financial difficulties may require further incentives such as for example giving such financing priority at least over unsecured claims in subsequent insolvency procedures . ### the success of a restructuring plan may often depend on whether there are financial resources in place to support first the operation of the business during restructuring negotiations and second the implementation of the restructuring plan after its confirmation . new financing or interim financing should therefore be exempt from avoidance actions which seek to declare such financing void , voidable or unenforceable as an act detrimental to the general body of creditors in the context of subsequent insolvency procedures . national insolvency laws providing for avoidance actions if and when the debtor becomes eventually insolvent or stipulating that new lenders may incur civil , administrative or criminal sanctions for extending credit to debtors in financial difficulties are jeopardising the availability of financing necessary for the successful negotiation and implementation of a restructuring plan . as opposed to new financing which should be confirmed by a judicial or administrative authority as part of a restructuring plan , when interim financing is extended the parties do not know whether the plan will be eventually confirmed or not . limiting the protection of interim finance to cases where the plan is adopted by creditors or confirmed by a judicial or administrative authority would discourage the provision of interim finance . to avoid potential abuses , only financing that is reasonably and immediately necessary for the continued operation or survival of the debtor ' s business or the preservation or enhancement of the value of that business pending the confirmation of that plan should be protected . protection from avoidance actions and protection from personal liability are minimum guarantees granted to interim financing and new financing .


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


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


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


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


### where a restructuring plan entails a transfer of part of undertaking or business , workers ' rights arising from a contract of employment or from an employment relationship , notably including the right to wages , should be safeguarded in accordance with articles 3 and 4 of directive 2001 / 23 / ec , without prejudice to the specific rules applying in the event of insolvency proceedings under article 5 of that directive and in particular the possibilities allowed by article 5 of that directive . furthermore , in addition and without prejudice to the rights to information and consultation , including on decisions likely to lead to substantial changes in work organisation or in contractual relations with a view to reaching an agreement on such decisions , which are guaranteed by directive 2002 / 14 / ec , under this directive workers who are affected by the restructuring plan should have the right to vote on the plan . for the purposes of voting on the restructuring plan , member states may decide to place workers in a class separate from other classes of creditors . ### where a restructuring plan entails a transfer of part of undertaking or business , workers ' rights arising from a contract of employment or from an employment relationship , notably including the right to wages , should be safeguarded in accordance with articles 3 and 4 of directive 2001 / 23 / ec , without prejudice to the specific rules applying in the event of insolvency proceedings under article 5 of that directive and in particular the possibilities allowed by article 5 of that directive . furthermore , in addition and without prejudice to the rights to information and consultation , including on decisions likely to lead to substantial changes in work organisation or in contractual relations with a view to reaching an agreement on such decisions , which are guaranteed by directive 2002 / 14 / ec , under this directive workers who are affected by the restructuring plan should have the right to vote on the plan . for the purposes of voting on the restructuring plan , member states may decide to place workers in a class separate from other classes of creditors . due account should be taken of the rulings handed down by the court of justice , as advocate - general mengozzi recently pointed out in his conclusions in case c - 126 / 16 .


### where a restructuring plan entails a transfer of part of undertaking or business , workers ' rights arising from a contract of employment or from an employment relationship , notably including the right to wages , should be safeguarded in accordance with articles 3 and 4 of directive 2001 / 23 / ec , without prejudice to the specific rules applying in the event of insolvency proceedings under article 5 of that directive and in particular the possibilities allowed by article 5 of that directive . furthermore , in addition and without prejudice to the rights to information and consultation , including on decisions likely to lead to substantial changes in work organisation or in contractual relations with a view to reaching an agreement on such decisions , which are guaranteed by directive 2002 / 14 / ec , under this directive workers who are affected by the restructuring plan should have the right to vote on the plan . for the purposes of voting on the restructuring plan , member states may decide to place workers in a class separate from other classes of creditors . ### where a restructuring plan entails a transfer of part of undertaking or business , workers ' rights arising from a contract of employment or from an employment relationship , notably including the right to wages , should be safeguarded in accordance with articles 3 and 4 of directive 2001 / 23 / ec , while it should only be possible to apply article 5 of that directive in case of insolvency but not in case of a restructuring plan . furthermore , in addition and without prejudice to the rights to information and consultation , including on decisions likely to lead to substantial changes in work organisation or in contractual relations with a view to reaching an agreement on such decisions , which are guaranteed by directive 2002 / 14 / ec , under this directive workers who are affected by the restructuring plan should have the right to vote on it and their approval should be binding for the confirmation of the plan . for the purposes of voting on the restructuring plan , member states should place workers in a class separate from other classes of creditors and should ensure that this class is given a preferential right .


### 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 , for instance in cases where the debtor is dishonest or has acted in bad faith . member states should provide clear guidance and criteria to judicial or administrative authorities on the method for assessing 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 .