### liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions . advanced biofuels , such as those made from wastes and algae , provide high greenhouse gas savings with low risk of causing indirect land use change and do not compete directly for agricultural land for the food and feed markets . it is appropriate , therefore , to encourage greater production of such advanced biofuels as these are currently not commercially available in large quantities , in part due to competition for public subsidies with established food crop based biofuel technologies . further incentives should be provided by increasing the weighting of advanced biofuels towards 10% target for transport set in directive 2009 / 28 / ec compared to conventional biofuels . in this context , only advanced biofuels with low estimated indirect land use change impacts and high overall greenhouse gas savings should be supported as part of the post 2020 renewable energy policy framework . ### liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions . advanced biofuels , such as those made from wastes , residues , algae , microorganisms and biodegradation by bacteria , provide high greenhouse gas savings with low risk of causing indirect land use change and do not compete directly for agricultural land for the food and feed markets . it is appropriate , therefore , to encourage greater production of such advanced biofuels as these are currently not commercially available in large quantities . further incentives should be provided by increasing the weighting of advanced biofuels towards 10% target for transport set in directive 2009 / 28 / ec compared to conventional biofuels . establishing progressively more ambitious mandatory targets for advanced biofuels in the transport sector will send a clear signal of support for them at union level . in this context , advanced biofuels with estimated low indirect land use change impacts and high overall greenhouse gas savings should be especially supported as part of the post 2020 renewable energy policy framework provided that this does not result in yet greater dependence of member states on foreign sources of energy carriers and raw materials . however , to avoid market distortions and frauds related to the production of advanced biofuels also the latter should comply with relevant sustainability criteria .


### to prepare for the transition towards advanced biofuels and minimise the overall indirect land use change impacts in the period to 2020 , it is appropriate to limit the amount of biofuels and bioliquids obtained from food crops as set out in part a of annex viii to directive 2009 / 28 / ec and part a of annex v to directive 98 / 70 / ec that can be counted towards targets set out in directive 2009 / 28 / ec . without restricting the overall use of such biofuels , the share of biofuels and bioliquids produced from cereal and other starch rich crops , sugar and oil crops that can be counted towards the targets of directive 2009 / 28 / ec should be limited to the share of such biofuels and bioliquids consumed in 2011 . ### to prepare for the transition towards advanced and sustainable biofuels and minimise the overall indirect land use change impacts in the period to 2020 , it is appropriate to limit the amount of biofuels and bioliquids obtained from food crops as set out in part a of annex viii to directive 2009 / 28 / ec and part a of annex v to directive 98 / 70 / ec that can be counted towards targets set out in those directives . the share of biofuels and bioliquids produced from cereal and other starch rich crops , sugar and oil crops that can be counted towards the targets or receive public funding pursuant to directive 2009 / 28 / ec should be limited to the share of such biofuels and bioliquids consumed in 2011 . biofuels and bioliquids imported from third countries are counted towards this target . for the same reason and in order to avoid unequal treatment of biofuels and bioliquids from raw materials with similar impacts , it is appropriate to apply the same treatment to advanced biofuels .


### for the calculation of biofuels in the numerator , the share of energy from biofuels produced from cereal and other starch rich crops , sugars and oil crops shall be no more than 5% , the estimated share at the end of 2011 , of the final consumption of energy in transport in 2020 . ’ ### for the calculation of biofuels in the numerator , the share of energy from biofuels on the list of feedstocks in parts a and b of annex ix shall be at least 2% of the final consumption of energy in transport in 2020 and the share of energy from biofuels produced from cereal and other starch rich crops and sugars shall be 8% of the final consumption of energy in petrol in 2020 . ’


### the commission shall , before 31 december 2017 , submit a report to the european parliament and to the council reviewing , on the basis of the best latest available scientific evidence , the effectiveness of the measures introduced by this directive in limiting indirect land - use change greenhouse gas emissions associated with the production of biofuel and bioliquids . the report shall , if appropriate , be accompanied by a legislative proposal based on the best available scientific evidence , for introducing estimated indirect land use change emissions factors into the appropriate sustainability criteria to be applied from 1st january 2021 and a review of the effectiveness of the incentives provided for biofuels from non - land using feedstocks and non - food crops under article 3d of directive 2009 / 28 / ec . ### the commission shall , before 31 december 2018 , submit a report to the european parliament and to the council analyzing , on the basis of the best evidence that adheres to the scientific method , the effectiveness of the measures introduced by this directive in limiting indirect land - use change greenhouse gas emissions associated with the production of biofuel and bioliquids . the report shall include an impact assessment of biofuel production on the timber industry and the availability of wood . the commission shall , before 31 december 2015 , submit a report to the european parliament , incorporating experience from iluc - models implemented in other countries and developed in close corporation with all relevant stakeholders , on the progress on the robustness and reliability of scientific evidence for the use of indirect land use change factors ; the report shall , if appropriate , be accompanied by a legislative proposal introducing a requirement for fuel suppliers to regularly report on the estimated indirect land - use change emissions of the biofuels they market , based on iluc factors and with effect from september 2016 .


### liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions . advanced biofuels , such as those made from wastes and algae , provide high greenhouse gas savings with low risk of causing indirect land use change and do not compete directly for agricultural land for the food and feed markets . it is appropriate , therefore , to encourage greater production of such advanced biofuels as these are currently not commercially available in large quantities , in part due to competition for public subsidies with established food crop based biofuel technologies . further incentives should be provided by increasing the weighting of advanced biofuels towards 10% target for transport set in directive 2009 / 28 / ec compared to conventional biofuels . in this context , only advanced biofuels with low estimated indirect land use change impacts and high overall greenhouse gas savings should be supported as part of the post 2020 renewable energy policy framework . ### liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions . advanced biofuels , such as those made from wastes and algae , provide high greenhouse gas savings with low risk of causing indirect land use change and do not compete directly for agricultural land for the food and feed markets . it is appropriate , therefore , to encourage greater production of such advanced biofuels as these are currently not commercially available in large quantities , in part due to competition for public subsidies with established food crop based biofuel technologies . further incentives should be provided by increasing the weighting of advanced biofuels towards the 10% target for transport set in directive 2009 / 28 / ec compared to conventional biofuels . in this context , only advanced biofuels with low estimated indirect land use change impacts and high overall greenhouse gas savings should be supported as part of the renewable energy policy framework .


### the commission shall , before 31 december 2017 , submit a report to the european parliament and to the council reviewing , on the basis of the best latest available scientific evidence , the effectiveness of the measures introduced by this directive in limiting indirect land - use change greenhouse gas emissions associated with the production of biofuel and bioliquids . the report shall , if appropriate , be accompanied by a legislative proposal based on the best available scientific evidence , for introducing estimated indirect land use change emissions factors into the appropriate sustainability criteria to be applied from 1st january 2021 and a review of the effectiveness of the incentives provided for biofuels from non - land using feedstocks and non - food crops under article 3d of directive 2009 / 28 / ec . ### the commission shall , before 31 december 2017 , submit a report to the european parliament and to the council reviewing , on the basis of the best latest available scientific evidence , the effectiveness of the measures introduced by this directive in limiting indirect land - use change greenhouse gas emissions associated with the production of biofuel and bioliquids . the report shall , if appropriate , be accompanied by a legislative proposal based on the best available scientific evidence , for establishing appropriate sustainability criteria for biofuels from non - land using feedstocks and non - food crops under article 3d of directive 2009 / 28 / ec .


### the commission shall , before 31 december 2017 , submit a report to the european parliament and to the council reviewing , on the basis of the best latest available scientific evidence , the effectiveness of the measures introduced by this directive in limiting indirect land - use change greenhouse gas emissions associated with the production of biofuel and bioliquids . the report shall , if appropriate , be accompanied by a legislative proposal based on the best available scientific evidence , for introducing estimated indirect land use change emissions factors into the appropriate sustainability criteria to be applied from 1st january 2021 and a review of the effectiveness of the incentives provided for biofuels from non - land using feedstocks and non - food crops under article 3d of directive 2009 / 28 / ec . ### the commission shall , before 31 december 2017 , submit a report to the european parliament and to the council analysing , on the basis of the latest available scientific evidence available , based on the most reliable scientific model , the effectiveness of the measures introduced by this directive in : limiting indirect land - use change greenhouse gas emissions associated with the production of biofuel and bioliquids ; b ) encouraging research and development into new production pathways for advanced biofuels , which do not compete with crops intended for human or animal consumption ; c ) encouraging the collection of reliable and comparable data on indirect land use change greenhouse gas emissions ; the report shall , if appropriate , be accompanied by a legislative proposal based on scientific evidence obtainable using the most reliable scientific model , for introducing estimated indirect land use change emissions factors into the appropriate sustainability criteria and a review of the effectiveness of the incentives provided for biofuels from non - land using feedstocks and non - food crops under article 3d of directive 2009 / 28 / ec . also , having regard to the indirect land use change estimates , from 1 january 2021 , incentives shall cease to be provided for biofuels that do not lead to substantial greenhouse gas savings and that are produced from crops used for food and feed .


### in order to ensure the long - term competitiveness of bio - based industrial sectors , and in line with the 2012 communication ' innovating for sustainable growth : a bioeconomy for europe ' and the roadmap to a resource efficient europe promoting integrated and diversified biorefineries across europe , enhanced incentives under directive 2009 / 28 / ec should be set in a way that gives preference to the use of biomass feedstocks that do not have a high economic value for other uses than biofuels . ### in order to ensure the long - term competitiveness and investment security of bio - based industrial sectors , and to provide a stable regulatory environment for existing and new investments , in line with the 2012 communication ' innovating for sustainable growth : a bioeconomy for europe ' and the roadmap to a resource efficient europe promoting integrated and diversified biorefineries across europe , enhanced incentives under directive 2009 / 28 / ec should be set in a way that promotes resource - efficient use of biomass feedstocks and gives preference to second - generation biofuels . commitment should be encouraged by ensuring that the provisions of directive 2009 / 28 / ec will be maintained in the subsequent years after 2020 .


### liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions . advanced biofuels , such as those made from wastes and algae , provide high greenhouse gas savings with low risk of causing indirect land use change and do not compete directly for agricultural land for the food and feed markets . it is appropriate , therefore , to encourage greater production of such advanced biofuels as these are currently not commercially available in large quantities , in part due to competition for public subsidies with established food crop based biofuel technologies . further incentives should be provided by increasing the weighting of advanced biofuels towards 10% target for transport set in directive 2009 / 28 / ec compared to conventional biofuels . in this context , only advanced biofuels with low estimated indirect land use change impacts and high overall greenhouse gas savings should be supported as part of the post 2020 renewable energy policy framework . ### liquid renewable fuels will become increasingly important in the transport sector in order to reduce its greenhouse gas emissions . greenhouse gas savings from many biofuels are still substantial in comparison with fossil fuels , including if the impact of indirect land - use changes is taken into account . advanced biofuels , such as those made from wastes , wood residues and algae , provide high greenhouse gas savings with low risk of causing indirect land use change and do not compete directly for agricultural land for the food and feed markets . it is appropriate , therefore , to encourage greater production of such advanced biofuels as these are currently not commercially available in large quantities , in part due to competition for public subsidies with established food crop based biofuel technologies . further incentives should be provided by increasing the weighting of advanced biofuels towards 10% target for transport set in directive 2009 / 28 / ec compared to conventional biofuels . however , this directive should not result in the genuine greenhouse gas savings in transport fall short of forecasts . in order for member states to be able as flexibly as possible to develop innovative and new feedstocks and to promote their use in biofuel production , it is important to lay down in this directive general principles and provisions with regard to second generation and advanced biofuel feedstocks . this would give member states and hence also the regions the opportunity to decide on the treatment of feedstocks on the basis of their own strengths . in this context , only advanced biofuels with low estimated indirect land use change impacts and high overall greenhouse gas savings should be supported as part of the post 2020 renewable energy policy framework .


### article 3 of directive 2009 / 28 / ec on the promotion of the use of energy from renewable energy sources and amending and subsequently repealing directives 2001 / 777 / ec and 2003 / 30 / ec requires member states to ensure that the share of energy from renewable energy sources in all forms of transport in 2020 is at least 10% of their final energy consumption . the blending of biofuels is one of the methods available for member states to meet this target , and is expected to be the main contributor . ### article 3 of directive 2009 / 28 / ec on the promotion of the use of energy from renewable energy sources and amending and subsequently repealing directives 2001 / 777 / ec and 2003 / 30 / ec requires member states to ensure that the share of energy from renewable energy sources in all forms of transport in 2020 is at least 10% of their final energy consumption . the blending of biofuels is one of the methods available for member states to meet this target , and is expected to be the main contributor . global demand for agricultural commodities is growing and market volatility is expected to increase in future .


### liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions . advanced biofuels , such as those made from wastes and algae , provide high greenhouse gas savings with low risk of causing indirect land use change and do not compete directly for agricultural land for the food and feed markets . it is appropriate , therefore , to encourage greater production of such advanced biofuels as these are currently not commercially available in large quantities , in part due to competition for public subsidies with established food crop based biofuel technologies . further incentives should be provided by increasing the weighting of advanced biofuels towards 10% target for transport set in directive 2009 / 28 / ec compared to conventional biofuels . in this context , only advanced biofuels with low estimated indirect land use change impacts and high overall greenhouse gas savings should be supported as part of the post 2020 renewable energy policy framework . ### liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions . advanced biofuels , such as those made from wastes and and residues , by bacteria , algae , provide high greenhouse gas savings with low risk of causing indirect land use change and do not compete directly for agricultural land for the food and feed markets . it is appropriate , therefore , to encourage greater production of such advanced biofuels as these are currently not commercially available in large quantities .


### ‘ article 25b exercise of the delegation the powers to adopt delegated acts are conferred on the commission subject to the conditions laid down in this article . 2 . the delegation of power referred to in article 3 , article 5 , the third subparagraph of article 17 , articles 19 , 19 and 19 shall be conferred on the commission for an indeterminate period of time from [ the date of entry into force of this directive ] . 3 . the delegation of power referred to in article 3 , article 5 , the third subparagraph of article 17 , articles 19 , 19 and 19 may be revoked at any time by the european parliament or by the council . a decision of revocation shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force . 4 . as soon as it adopts a delegated act , the commission shall notify it simultaneously to the european parliament and to the council . 5 . a delegated act adopted pursuant to article 3 , article 5 , the third subparagraph of article 17 , articles 19 , 19 and 19 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of 2 months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by 2 months at the initiative of the european parliament or the council . ' ### ‘ article 25b exercise of the delegation the powers to adopt delegated acts are conferred on the commission subject to the conditions laid down in this article . 2 . the delegation of power referred to in article 3 , article 5 , the third subparagraph of article 17 , article 18 and articles 19 , 19 , 19 and 19 shall be conferred on the commission for an indeterminate period of time from [ the date of entry into force of this directive ] . 3 . the delegation of power referred to in article 3 , article 5 , the third subparagraph of article 17 , article 18 and articles 19 , 19 , 19 and 19 may be revoked at any time by the european parliament or by the council . a decision of revocation shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force . 4 . as soon as it adopts a delegated act , the commission shall notify it simultaneously to the european parliament and to the council . 5 . a delegated act adopted pursuant to article 3 , article 5 , the third subparagraph of article 17 , article 18 and articles 19 , 19 , 19 and 19 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of 2 months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by 2 months at the initiative of the european parliament or the council . '


### ‘ article 10a exercise of the delegation the power to adopt delegated acts is conferred on the commission subject to the conditions laid down in this article . 2 . the delegation of power referred to in article 7a , the second subparagraph of article 7b , articles 7d , 7d , 7d , 8a and 10 shall be conferred for an indeterminate period of time from the date of entry into force of this directive . 3 . the delegation of powers referred to in articles 7a , the second subparagraph of article 7b , articles 7d , 7d , 7d , 8a and 10 may be revoked at any time by the european parliament or by the council . a decision of revocation shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force . 4 . as soon as it adopts a delegated act , the commission shall notify it simultaneously to the european parliament and to the council . 5 . a delegated act adopted pursuant to articles 7a , the second subparagraph of article 7b , articles 7d , 7d , 7d , 8a and 10 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of 2 months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by 2 months at the initiative of the european parliament or the council . ' ### ‘ article 10a exercise of the delegation the power to adopt delegated acts is conferred on the commission subject to the conditions laid down in this article . 2 . the delegation of power referred to in article 7a , the second subparagraph of article 7b , articles 7d , 7d , 7d , 7d , 8a and 10 shall be conferred for an indeterminate period of time from the date of entry into force of this directive . 3 . the delegation of powers referred to in articles 7a , the second subparagraph of article 7b , articles 7d , 7d , 7d , 7d , 8a and 10 may be revoked at any time by the european parliament or by the council . a decision of revocation shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force . 4 . as soon as it adopts a delegated act , the commission shall notify it simultaneously to the european parliament and to the council . 5 . a delegated act adopted pursuant to articles 7a , the second subparagraph of article 7b , articles 7d , 7d , 7d , 7d , 8a and 10 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of 2 months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by 2 months at the initiative of the european parliament or the council . '


### liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions . advanced biofuels , such as those made from wastes and algae , provide high greenhouse gas savings with low risk of causing indirect land use change and do not compete directly for agricultural land for the food and feed markets . it is appropriate , therefore , to encourage greater production of such advanced biofuels as these are currently not commercially available in large quantities , in part due to competition for public subsidies with established food crop based biofuel technologies . further incentives should be provided by increasing the weighting of advanced biofuels towards 10% target for transport set in directive 2009 / 28 / ec compared to conventional biofuels . in this context , only advanced biofuels with low estimated indirect land use change impacts and high overall greenhouse gas savings should be supported as part of the post 2020 renewable energy policy framework . ### liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions . advanced biofuels , such as those made from wastes and algae , provide high greenhouse gas savings with low risk of causing indirect land use change and do not compete directly for agricultural land for the food and feed markets . it is appropriate , therefore , to encourage greater production of such advanced biofuels as these are currently not commercially available in large quantities , in part due to competition for public subsidies with established food crop based biofuel technologies . further incentives should be provided by setting a separate target of at least 2% for advanced biofuels for transport in directive 2009 / 28 / ec . in this context , only advanced biofuels with low estimated indirect land use change impacts and high overall greenhouse gas savings should be supported as part of the post 2020 renewable energy policy framework .


### in order to permit adaptation to technical and scientific progress of directive 2009 / 28 / ec , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the list of biofuel feedstocks that are counted multiple times towards the target set in article 3 , the energy content of transport fuels , criteria and geographic ranges for determining highly biodiverse grassland , the methodology for the calculation of indirect land - use change emissions , and the methodological principles and values necessary for assessing whether sustainability criteria have been fulfilled in relation to biofuels and bioliquids . ### in order to permit adaptation to technical and scientific progress of directive 2009 / 28 / ec , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the list of biofuel feedstocks that are counted multiple times towards the target set in article 3 , the energy content of transport fuels , rules concerning compliance with the waste hierarchy , criteria and geographic ranges for determining highly biodiverse grassland , the methodology for the calculation of indirect land - use change emissions , and the methodological principles and values necessary for assessing whether sustainability criteria have been fulfilled in relation to biofuels and bioliquids .


### the greenhouse gas emission saving from the use of biofuels and bioliquids taken into account for the purposes referred to in paragraph 1 shall be at least 60 % for biofuels and bioliquids produced in installations starting operation after 1st july 2014 . an installation is “in operation” if the physical production of biofuels or bioliquids has taken place . ### the greenhouse gas emission saving from the use of biofuels and bioliquids taken into account for the purposes referred to in paragraph 1 shall be at least 60 % for biofuels and bioliquids produced in installations starting operation after 1st january 2015 . an installation is ' in operation ' if the physical production of biofuels or bioliquids has taken place .


### where pasture or agricultural land previously destined for the food , feed and fibre markets is diverted to biofuel production , the non - fuel demand will still need to be satisfied either through intensification of current production or by bringing non - agricultural land into production elsewhere . the latter case represents indirect land - use change and when it involves the conversion of high carbon stock land it can lead to significant greenhouse gas emissions . directives 98 / 70 / ec and 2009 / 28 / ec should therefore include provisions to address indirect land use change given that current biofuels are mainly produced from crops grown on existing agricultural land . ### when pasture or agricultural land previously destined for the food , feed and fibre markets is diverted to biofuel production , the non - fuel demand will still need to be satisfied . that demand may be satisfied either through intensification of current production , achieved by raising agricultural productivity , which can have negative environmental impacts including a loss of biodiversity , water scarcity , soil erosion and water and soil pollution , or by bringing non - agricultural land into production elsewhere . the latter case represents indirect land - use change and when it involves the conversion of high carbon stock land it can lead to significant greenhouse gas emissions , as well as a loss of biodiversity in cases where the land is of high biodiversity value . directives 98 / 70 / ec and 2009 / 28 / ec should therefore include provisions to address indirect land use change given that current biofuels are mainly produced from crops grown on existing agricultural land .


### for the calculation of biofuels in the numerator , the share of energy from biofuels produced from cereal and other starch rich crops , sugars and oil crops shall be no more than 5% , the estimated share at the end of 2011 , of the final consumption of energy in transport in 2020 . ### for the calculation of biofuels in the numerator , the share of energy from biofuels produced from feedstock listed in annex ix shall be at least 2% of the final consumption of energy in transport in 2020 and the share of energy from biofuels produced from food crops shall be at least 8% [ 10% ] of the final consumption of energy .


### the following annex ix is added : ' annex ix part a . feedstocks whose contribution towards the target referred to in article 3 shall be considered to be four times their energy content algae . biomass fraction of mixed municipal waste , but not separated household waste subject to recycling targets under article 11 of directive 2008 / 98 / ec of the european parliament and of the council of 19 november 2008 on waste and repealing certain directives . biomass fraction of industrial waste . straw . animal manure and sewage sludge . palm oil mill effluent and empty palm fruit bunches . tall oil pitch . crude glycerine . bagasse . grape marcs and wine lees . nut shells . husks cobs bark , branches , leaves , saw dust and cutter shavings . part b . feedstocks whose contribution towards the target referred to in article 3 shall be considered to be twice their energy content used cooking oil . animal fats classified as category i and ii in accordance with ec / 1774 / 2002 laying down health rules concerning animal by - products not intended for human consumption . non - food cellulosic material . ligno - cellulosic material except saw logs and veneer logs . ### the following annex ix is added : ‘ annex ix part a . feedstocks whose contribution towards the target referred to in article 3 shall be considered to be twice their energy content all feedstocks based on waste , algae and residues and biological material in the case of which relevant alternative uses are associated with significant emissions of methane or nitrous oxide without usable energy being generated , including following : algae . biomass fraction of mixed municipal waste , including separated biowaste , but not other separated household waste and waste paper subject to recycling targets under article 11 of directive 2008 / 98 / ec of the european parliament and of the council of 19 november 2008 on waste and repealing certain directives . biomass fraction of industrial waste , waste from the retail and wholesale trade and process residues . straw . animal manure and sewage sludge . palm oil mill effluent and empty palm fruit bunches . black liquor and its derivatives , such as crude sulphate soap , lignin , crude tall oil and tall oil pitch . crude glycerine . bagasse . grape marcs and wine lees . nut shells . husks cobs timber harvesting residues , such as bark , branches , crown mass , small - sized wood , leaves , saw dust and cutter shavings . non - food cellulosic material . ligno - cellulosic material except saw logs and veneer logs . part b . feedstocks whose contribution towards the target referred to in article 3 shall be considered directly in accordance with their energy content used cooking oil . animal fats classified as category i and ii in accordance with ec / 1774 / 2002 laying down health rules concerning animal by - products not intended for human consumption .


### according to the legal framework for the authorisation of gmos , the level of protection of human / animal health and of the environment chosen in the eu cannot be revised by a member state and this situation must not be altered . however member states may adopt measures restricting or prohibiting the cultivation of all or particular gmos in all or part of their territory on the basis of grounds relating to the public interest other than those already addressed by the harmonised set of eu rules which already provide for procedures to take into account the risks that a gmo for cultivation may pose on health and the environment . those measures should furthermore be in conformity with the treaties , in particular as regards the principle of non discrimination between national and non national products and articles 34 and 36 of the treaty on the functioning of the european union , as well as with the relevant international obligations of the union , notably in the context of the world trade organisation . ### according to the legal framework for the authorisation of gmos , the level of protection of human / animal health and of the environment chosen in the union cannot be revised by a member state and this situation should not be altered . however member states may adopt measures restricting or prohibiting the cultivation of all or particular gmos in all or part of their territory on the basis of grounds relating to the public interest complementary to , or differing from , those already assessed by the harmonised set of union rules . the grounds given by the member states may include consideration of environmental impacts complementary to those already covered by the risk assessment provided for in part c of directive 2001 / 18 / ec , and may thus , at least partially , include the consideration of scientific data relating to the central , local or regional environmental impact on receiving environments . these grounds may also depend on factors that are not directly connected with the risk assessment , but are linked to risk management or other national policies . the grounds given by the member states may also include , inter alia , the risk of resistance development in weeds or in the target organisms , or the invasive potential of the plant . they may also include socio - economic considerations such as the practicality and cost of the measures laid down in article 26a of directive 2001 / 18 / ec for avoiding the unintended presence of gmos in other products , fragmentation of the territory , changes in agricultural practices linked to intellectual property regimes , or social policy objectives such as the conservation of diversity or distinctive agricultural practices . those measures should furthermore be in conformity with the treaties , in particular as regards the principle of non discrimination between national and non national products and articles 34 and 36 of the treaty on the functioning of the european union , as well as with the relevant international obligations of the union , notably in the context of the world trade organisation .


### on the basis of the subsidiarity principle , the purpose of this regulation is not to harmonize the conditions of cultivation in member states but to grant freedom to member states to invoke other grounds than scientific assessment of health and environmental risks to ban cultivation of gmos on their territory . in addition , one of the purposes of directive 98 / 34 / ec of the european parliament and of the council of 22 june 1998 laying down a procedure for the provision of information in the field of technical standards and regulations which is to allow the commission to consider the adoption of binding acts at eu level would not be served by the systematic notification of member states ' measures under that directive . moreover , since measures which member states can adopt under this regulation cannot have as a subject the placing of the market of gmos and thus does not modify the conditions of placing on the market of gmos authorised under the existing legislation , the notification procedure under directive 98 / 34 / ec does not appear the most appropriate information channel for the commission . therefore , by derogation , directive 98 / 34 / ec should not be applicable . a simpler notification system of the national measures prior to their adoption appears to be a more proportionate tool for the commission to be aware of these measures . measures which member states intend to adopt should thus be communicated together with their reasons to the commission and to the other member states one month prior to their adoption for information purposes . ### on the basis of the subsidiarity principle , the purpose of this regulation is not to harmonize the conditions of cultivation in member states but to grant freedom to member states to invoke grounds complementary to , or differing from , the scientific assessment of health and environmental risks to ban cultivation of gmos on their territory . in addition , one of the purposes of directive 98 / 34 / ec of the european parliament and of the council of 22 june 1998 laying down a procedure for the provision of information in the field of technical standards and regulations which is to allow the commission to consider the adoption of binding acts at union level would not be served by the systematic notification of member states ' measures under that directive . moreover , since measures which member states can adopt under this regulation cannot have as a subject the placing of the market of gmos and thus does not modify the conditions of placing on the market of gmos authorised under the existing legislation , the notification procedure under directive 98 / 34 / ec does not appear the most appropriate information channel for the commission . therefore , by derogation , directive 98 / 34 / ec should not be applicable . a simpler notification system of the national measures prior to their adoption appears to be a more proportionate tool for the commission to be aware of these measures . measures which member states intend to adopt should thus be communicated together with their reasons to the commission and to the other member states one month prior to their adoption for information purposes .


### where the results of an assessment show that a union quarantine pest fulfils the conditions referred to in paragraph 1 , or a pest no longer fulfils one or more of those conditions , the commission shall amend the implementing act referred to in the first subparagraph by adding the pest concerned to , or removing it from , that list . ### at annual intervals or at the request of an eu member state , union quarantine pests shall be reassessed on the basis of a risk analysis . where the results of an assessment show that a union quarantine pest fulfils the conditions referred to in paragraph 1 , or a pest no longer fulfils one or more of those conditions , the commission shall , within three months , amend the implementing act referred to in the first subparagraph by adding the pest concerned to , or removing it from , that list .


### payment service providers located in a member state which does not have the euro as its currency shall comply with the requirements set out in article 4 and in points 1 and 2 of the annex for credit transfers denominated in euros and with the requirements set out in article 4 and in points 1 and 3 of the annex for direct debit transactions denominated in euros by [ insert concrete date month ) 4 years after entry into force of this regulation ] . if , however , the euro is introduced as the currency of any such member state before [ insert concrete date 3 years after entry into force of this regulation ] , the payment service provider located in that member state shall meet those requirements within one year of the date on which the member state concerned joined the euro area . ### payment service providers located in a member state which does not have the euro as its currency shall comply with the requirements set out in article 4 and in points 1 and 2 of the annex for credit transfers denominated in euros and with the requirements set out in article 4 and in points 1 and 3 of the annex for direct debit transactions denominated in euros by [ insert concrete date 36 months after entry into force of this regulation ] . if , however , the euro is introduced as the currency of any such member state , the payment service provider located in that member state shall comply with article 4 within the same time limit as for the member state already within the euro area .


### no decision of the board or the commission shall require member states to provide extraordinary public financial support . ### no decision of the board shall require member states to provide extraordinary public financial support .


### a single bank resolution fund is an essential element without which a single resolution mechanism could not work properly . different systems of national funding would distort the application of uniform bank resolution rules in the internal market . the fund should help to ensure a uniform administrative practice in the financing of resolution and to avoid the creation of obstacles for the exercise of fundamental freedoms or the distortion of competition in the internal market due to divergent national practices . the fund should be financed directly by banks and should be pooled at union level so that the resolution resources can be objectively allocated across member states thus increasing financial stability and limiting the link between the perceived fiscal position of individual member states and the funding costs of banks and undertakings operating in those member states . ### a single bank resolution fund is an essential element without which a single resolution mechanism could not work properly . different systems of national funding would distort the application of uniform bank resolution rules in the internal market . the fund should help to ensure a uniform administrative practice in the financing of resolution and to avoid the creation of obstacles for the exercise of fundamental freedoms or the distortion of competition in the internal market due to divergent national practices . the fund should be financed directly by banks and should be pooled at union level so that the resolution resources can be objectively allocated across member states thus increasing financial stability and limiting the link between the perceived fiscal position of individual member states and the funding costs of banks and undertakings operating in those member states . the participating banks should contribute to the funding of one scheme , either national or the single resolution fund .


### where a medicinal product is authorized subject to the requirement to conduct a post - authorisation safety study or where there are conditions or restrictions with regard to the safe and effective use of the medicinal product , the medicinal product should be intensively monitored on the market . patients and healthcare professionals should be encouraged to report all suspect adverse reactions to such medicinal products , and a publicly available list of such medicinal products should be maintained up to date by the european medicines agency established by regulation no 726 / 2004 of the european parliament and of the council of 31 march 2004 laying down community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a european medicines agency . ### where a medicinal product is authorized subject to the requirement to conduct a post - authorisation safety study or where there are conditions or restrictions with regard to the safe and effective use of the medicinal product , the medicinal product should be intensively monitored on the market . steps must be taken to ensure that tightening up the pharmacovigilance system does not result in marketing authorisations being issued prematurely . patients and healthcare professionals should be encouraged to report all suspect adverse reactions to such medicinal products , and a publicly available list of such medicinal products should be maintained up to date by the european medicines agency established by regulation no 726 / 2004 of the european parliament and of the council of 31 march 2004 laying down community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a european medicines agency .


### through the methods of collecting information and where necessary through the follow up of adverse reaction reports , ensure that any biological medicinal product prescribed , dispensed , or sold in their territory which is the subject of an adverse reaction report is identifiable ; ### through the methods of collecting information and where necessary through the follow up of adverse reaction reports , ensure that any biological medicinal product prescribed , dispensed , or sold in their territory which is the subject of an adverse reaction report is identifiable using the content format and procedure developed in accordance with article 25 of regulation no 726 / 2004 and shall implement the necessary measures to ensure the traceability of biological medicinal products dispensed to patients ;


### the information referred to in point of the first subparagraph shall be presented in a box surrounded by a black border . any new or amended text shall for a period of 1 - year be presented in bold text and preceded by the following symbol and text ' new information ' . for medicinal products included on the list referred to in article 23 of regulation no 726 / 2004 , the following additional statement shall be included “this medicinal product is under intensive monitoring . all suspected adverse reactions should be reported to ' . ### for medicinal products included on the list referred to in article 23 of regulation no 726 / 2004 , the following additional statement shall be included “this medicinal product is subject to post - authorisation safety monitoring . all suspected adverse reactions should be reported to ' .


### regulation no 1013 / 2006 of the european parliament and of the council of 14 june 2006 on shipments of waste13 lays down requirements for shipments of waste both within the union and between the member states and third countries , in order to protect the environment . however , gaps have been identified in the enforcement and inspections carried out by the competent authorities in member states due to , inter alia , a lack of clear provisions in the regulation on these matters . __________________ 13 oj l 190 , 12 . 7 . 2006 , p . 1 . ### regulation no 1013 / 2006 of the european parliament and of the council13 lays down requirements for shipments of waste both within the union and between the member states and third countries , in order to protect the environment . however , gaps and divergences have been identified in the enforcement and inspections carried out by the competent authorities in member states due to , inter alia , a lack of clear provisions in the regulation on these matters . the number of contraventions of legislation on shipments of waste is therefore thought to be considerable . __________________ 13 regulation no 1013 / 2006 of the european parliament and of the council of 14 june 2006 on shipments of waste .


### stocking of salmon may only be conducted in wild salmon river . the number of released smolts in each river shall not exceed the estimated potential smolt production capacity of the river . ### stocking of salmon may be conducted in wild salmon rivers and , during a transition period , also in estuaries . the number of fry released in each river shall not exceed the estimated potential smolt production capacity of the river .


### an efficient freight sector , especially across borders , requires action to open up the market . ### an efficient freight sector , especially across borders and in particular in the cases where different track gauges still represent a physical barrier to competition , requires urgent action to open up the market .


### regulatory body ### national regulatory bodies


### the national regulatory bodies shall exchange information about their work and decision - making principles and practice and otherwise cooperate&#160 ; for the purpose of coordinating their decision - making across the union . for this purpose they shall work together in a working group that convenes at regular intervals . the commission shall support the regulatory bodies&#160 ; in this task . ### the national regulatory bodies shall formally establish a network in order to exchange information about their work and decision - making principles and practice with a view to coordinating and harmonising them within the union . for this purpose , and to pursue their networking activities , they shall hold regular meetings on the initiative of , and chaired by , the european commission .


### a railway undertaking should also be required to comply with national and union rules on the provision of railway services , applied in a non - discriminatory manner , which are intended to ensure that it can carry on its activity in complete safety and with due regard to health , social conditions and the rights of workers and consumers on specific stretches of track . ### all railway undertakings should also be required to comply with national and union rules on the provision of railway services , applied in a non - discriminatory manner , which are intended to ensure that it can carry on its activity in complete safety and with full regard to existing obligations in relation to health , social conditions , and the rights of workers and consumers on specific stretches of track .


### a section on charging principles and tariffs . this shall contain appropriate details of the charging scheme as well as sufficient information on charges as well as other relevant information on access applying to the services listed in annex iii which are provided by only one supplier . it shall detail the methodology , rules and , where applicable , scales used for the application of articles 31 to 36 , as regards both costs and charges . it shall contain information on changes in charges already decided upon or foreseen in the next five years . ### the section on charging principles and tariffs shall contain appropriate details of the charging scheme as well as sufficient information on charges as well as other relevant information on access applying to the services listed in annex iii which are provided by only one supplier . it shall detail the methodology , rules and , where applicable , scales used for the application of articles 31 and to 36 , as regards both costs and charges . it shall contain information on changes in charges already decided upon or foreseen in the next five years .


### at the request of a member state or on its own initiative the commission shall , in a specific case , examine the application and enforcement of the provisions of this directive , and within two months of receipt of such a request decide in accordance with the procedure referred to in article 64 whether the related measure may continue to be applied . the commission shall communicate its decision to the european parliament , the council and to the member states . ### at the request of a national regulatory body and other competent national authorities or on its own initiative the commission shall , in a specific case , examine the application and enforcement of the provisions of this directive . the national regulatory bodies shall maintain a database accessible to the european commission of their draft decisions . within two months of receipt of such a request the european commission shall decide in accordance with the procedure referred to in article 64 whether the related measure may continue to be applied . the commission shall communicate its decision to the european parliament , the council and to the member states .


### draft legislative resolution ### whereas the national regulatory body must be an independent regulatory authority with the power to take up matters on its own initiative and to undertake investigations , and capable of issuing opinions and enforceable decisions with a view to ensuring an open market without barriers in which competition is exercised freely and without distortion ,


### member states shall ensure that representatives of infrastructure managers whose allocation decisions have an impact on other infrastructure managers associate in order to coordinate the allocation of or to allocate all relevant infrastructure capacity at an international level , without prejudice to the specific rules contained in union legislation on rail freight oriented networks . appropriate representatives of infrastructure managers from third countries may be associated with these procedures . ### member states shall ensure that representatives of infrastructure managers whose allocation decisions have an impact on other infrastructure managers associate in order to coordinate the allocation of or to allocate all relevant infrastructure capacity at an international level , without prejudice to the specific rules contained in union legislation on rail freight oriented networks . the participants in this cooperation shall ensure that its membership , methods of operation and all relevant criteria which are used for assessing and allocating infrastructure capacity be made publicly available . appropriate representatives of infrastructure managers from third countries may be associated with these procedures .


### for the protection of customers and third parties concerned it is important to ensure that railway undertakings are sufficiently insured against liability . ### for the protection of customers and third parties concerned it is essential to ensure that railway undertakings are sufficiently insured against liability .


### a section on charging principles and tariffs . this shall contain appropriate details of the charging scheme as well as sufficient information on charges as well as other relevant information on access applying to the services listed in annex iii which are provided by only one supplier . it shall detail the methodology , rules and , where applicable , scales used for the application of articles 31 to 36 , as regards both costs and charges . it shall contain information on changes in charges already decided upon or foreseen in the next five years . ### a section on charging principles and tariffs . this shall contain appropriate details of the charging scheme as well as sufficient information on charges as well as other relevant information on access applying to the services listed in annex iii which are provided by only one supplier . it shall detail the methodology , rules and , where applicable , scales used for the application of articles 31 to 36 , as regards both costs and charges . it shall contain information on changes in charges already decided upon or to be proposed in the next five years . it must specify the financial compensation arrangements to be applied in the event of delay , a deterioration in quality , or withdrawal of allocated train paths .


### when the operator of the service facility encounters conflicts between different requests , he shall attempt the best possible matching of all requirements . if no viable alternative is available , and it is not possible to accommodate all requests for capacity for the relevant facility on the basis of demonstrated needs , the regulatory body referred to in article 55 shall on its own initiative or on the basis of a complaint take appropriate action to ensure that an appropriate part of the capacity is devoted to railway undertakings other than the ones which are part of the body or firm to which the facility operator also belongs . however newly built maintenance and other technical facilities developed for specific new rolling stock may be reserved to the use of one railway undertaking for a period of five years from the start of their operation . ### when the operator of the service facility encounters conflicts between different requests , he shall attempt the best possible matching of all requirements . if no viable alternative is available , and it is not possible to accommodate all requests for capacity for the relevant facility on the basis of demonstrated needs , the regulatory body referred to in article 55 shall on its own initiative or on the basis of a complaint take appropriate action .


### the competent authorities and the railway undertakings providing the public services shall provide the relevant regulatory body or bodies with the information reasonably required to reach a decision . the regulatory body shall consider the information provided , consulting all the relevant parties as appropriate , and shall inform the relevant parties of its reasoned decision within a pre - determined , reasonable time , and , in any case , within two months of receipt of all relevant information . ### the competent authorities and the railway undertakings providing the public services shall provide the regulatory body or bodies with all the information they require to take the appropriate decision . the regulatory body shall consider the information provided , consulting all the relevant parties as appropriate , and shall inform the relevant parties of its reasoned decision within a pre - determined , reasonable time , and , in any case , within two months of receipt of all relevant information .


### in order to obtain full recovery of the costs incurred by the infrastructure manager a member state may , if the market can bear this , levy mark - ups on the basis of efficient , transparent and non - discriminatory principles , while guaranteeing optimal competitiveness in particular of international rail freight . the charging system shall respect the productivity increases achieved by railway undertakings . ### in order to obtain full recovery of the costs incurred by the infrastructure manager , a member state may authorise that the infrastructure manager may , on any given market segment , and if that market segment can bear this , levy a mark - up on the basis of efficient transparent and non - discriminatory principles , while guaranteeing optimal competitiveness of the railway sector .


### opening up international passenger services to competition may have implications for the organisation and financing of rail passenger services provided under a public service contract . member states should have the option of limiting the right of access to the market where this right would compromise the economic equilibrium of these public service contracts and where approval is given by the relevant regulatory body referred to in article 55 of this directive on the basis of an objective economic analysis , following a request from the competent authorities that awarded the public service contract . __________________ 12 . oj l 315 , 3 . 12 . 2007 , p . 1 . ### opening up passenger services to competition may have implications for the organisation and financing of rail passenger services provided under a public service contract . member states should have the option of limiting the right of access to the market where this right would compromise the economic equilibrium of these public service contracts and where approval is given by the relevant regulatory body referred to in article 55 of this directive on the basis of an objective economic analysis , following a request from the competent authorities that awarded the public service contract .


### the infrastructure manager shall demonstrate to the regulatory body the ability of a train service to pay mark - ups according to article 32 , whereby each of the services listed under a single one of the following points shall belong to different market segments : passenger vs freight services ; trains carrying dangerous goods vs other freight trains ; domestic vs international services ; combined transport vs direct trains ; urban or regional vs interurban passenger services ; block trains vs single wagon load trains ; regular vs occasional train services . ### the infrastructure manager shall demonstrate to the regulatory body the ability of a train service to pay mark - ups according to article 32 . in case the infrastructure manager levies mark - ups , it shall develop a list of market segments to which the regulatory body shall give its prior approval .


### the president and governing board of the regulatory body for the railway sector shall be appointed for a fixed and renewable term under clear rules which guarantee independence . they shall be selected from among persons who have had no professional position or responsibility , interest or business relationship , directly or indirectly , with the regulated undertakings or entities for a period of three years before their appointment , and during their term of office . afterwards , they shall have no professional position or responsibility , interest or business relationship with any of the regulated undertakings or entities for a period of not less than three years . they shall have full authority over the recruitment and management of the staff of the regulatory body . ### the president and governing board of the regulatory body for the railway sector shall be appointed jointly by the national parliament , administrative and / or ordinary courts , and national consultative assemblies , with no possibility of dismissal , for a fixed and renewable term under clear rules which guarantee independence . they shall be selected from among persons who have had no professional position or responsibility , interest or business relationship , directly or indirectly , with the regulated undertakings or entities for a period of three years before their appointment , and during their term of office . afterwards , they shall have no professional position or responsibility , interest or business relationship with any of the regulated undertakings or entities for a period of not less than three years . they shall have full authority over the recruitment and management of the staff of the regulatory body .


### a section on charging principles and tariffs . this shall contain appropriate details of the charging scheme as well as sufficient information on charges as well as other relevant information on access applying to the services listed in annex iii which are provided by only one supplier . it shall detail the methodology , rules and , where applicable , scales used for the application of articles 31 to 36 , as regards both costs and charges . it shall contain information on changes in charges already decided upon or foreseen in the next five years . ### a section on charging principles and tariffs . this shall contain appropriate details of the charging scheme as well as sufficient information on charges . the infrastructure charges shall be indicated per kilometre per market segment . other relevant information on access applying to the services listed in annex iii which are provided by only one supplier shall also be provided . it shall detail the methodology , rules and , where applicable , scales used for the application of articles 31 to 36 , as regards both costs and charges . it shall contain information on changes in charges already decided upon or foreseen in the next five years .


### for the purposes of the commission ' s market monitoring , member states shall supply on an annual basis the information indicated in annex iv , as well as all other necessary data requested by the commission . ### for the purposes of the commission ' s market monitoring , member states shall supply on an annual basis the information indicated in annex iv , as well as all other necessary data requested by the commission , in particular : the degree of market opening and fair competition in each member state ;


### regional , urban and suburban services as well as transport activities in the form of shuttle services through the channel tunnel should be excluded from the scope of this directive . ### regional , urban and suburban services as well as transport activities through the channel tunnel should be excluded from the scope of this directive .


### the national regulatory bodies shall exchange information about their work and decision - making principles and practice and otherwise cooperate&#160 ; for the purpose of coordinating their decision - making across the union . for this purpose they shall work together in a working group that convenes at regular intervals . the commission shall support the regulatory bodies&#160 ; in this task . ### the national regulatory bodies shall formally establish a network in order to exchange information about their work and decision - making principles and practice with a view to coordinating and harmonising them within the union . for this purpose , and to pursue their networking activities , they shall hold regular meetings on the initiative of , and chaired by , the european commission .


### opening up international passenger services to competition may have implications for the organisation and financing of rail passenger services provided under a public service contract . member states should have the option of limiting the right of access to the market where this right would compromise the economic equilibrium of these public service contracts and where approval is given by the relevant regulatory body referred to in article 55 of this directive on the basis of an objective economic analysis , following a request from the competent authorities that awarded the public service contract . ### opening up international and national passenger services to competition may have implications for the organisation and financing of rail passenger services provided under a public service contract . member states should have the option of limiting the right of access to the market where this right would compromise the economic equilibrium of these public service contracts and where approval is given by the relevant regulatory body referred to in article 55 and , where applicable , the network of regulatory bodies as defined in article 57 of this directive on the basis of an objective economic analysis , following a request from the competent authorities that awarded the public service contract .


### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with articles [ . . . ] and annexes [ . . . ] by [ … ] at the latest . they shall forthwith communicate to the commission the text of those provisions and a table showing the correlation between those provisions and this directive . ### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with articles [ . . . ] and annexes [ . . . ] by 12 months from the entry into force of this directive at the latest . they shall forthwith communicate to the commission the text of those provisions and a table showing the correlation between those provisions and this directive .


### member states may require railway undertakings to be involved in assuring the enforcement and monitoring of their own compliance with the safety standards and rules . ### save in the case of force majeure , including urgent safety - critical work , a train path allocated to a freight operation pursuant to this article may not be cancelled less than two months before its scheduled time in the working timetable if the applicant concerned does not give its approval for such cancellation . in such a case the infrastructure manager concerned shall make an effort to propose to the applicant a train path of an equivalent quality and reliability which the applicant has the right to accept or refuse . if the applicant refuses , he shall be entitled at least to reimbursement of the corresponding charge .


### the services referred to in annex iii , point 2 , shall be supplied by all operators of service facilities in a non - discriminatory manner . ### operators of service facilities shall supply to railway undertakings the services referred to in annex iii , point 2 , in a non - discriminatory manner under the control of the regulatory body .


### requests by railway undertakings for access to the service facility may only be rejected if there are viable alternatives allowing them to operate the freight or passenger service concerned on the same route under economically acceptable conditions . the burden of proving for the existence of a viable alternative lies with the operator of the service facility . ### requests by railway undertakings for access to the service facility shall be answered within a fixed time limit set by the national regulatory body and may only be rejected if there are viable alternatives allowing them to operate the freight or passenger service concerned on the same route under economically acceptable conditions . the burden of proving for the existence of a viable alternative lies with the operator of the service facility .


### functions of the regulatory body ### functions of national regulatory bodies


### the competent authorities and the railway undertakings providing the public services shall provide the relevant regulatory body or bodies with the information reasonably required to reach a decision . the regulatory body shall consider the information provided , consulting all the relevant parties as appropriate , and shall inform the relevant parties of its reasoned decision within a pre - determined , reasonable time , and , in any case , within two months of receipt of all relevant information . ### the competent authorities and the railway undertakings providing the public services shall provide the relevant regulatory body or bodies with the information reasonably required to reach a decision . the regulatory body shall consider the information provided , consulting all the relevant parties as appropriate , and shall inform the relevant parties of its reasoned decision within two weeks of receipt of all relevant information .


### it is important to ensure better coordination of allocation schemes in order to improve the attractiveness of rail for traffic which uses the network of more than one infrastructure manager , in particular for international traffic . ### it is important to ensure better coordination of allocation schemes in order to improve the attractiveness of rail for traffic which uses the network of more than one infrastructure manager , in particular for international traffic . in that context , it would appear desirable ultimately to create a european regulatory body .


### a railway undertaking should also be required to comply with national and union rules on the provision of railway services , applied in a non - discriminatory manner , which are intended to ensure that it can carry on its activity in complete safety and with due regard to health , social conditions and the rights of workers and consumers on specific stretches of track . ### all railway undertakings should also be required to comply with national and union rules on the provision of railway services , applied in a non - discriminatory manner , which are intended to ensure that it can carry on its activity in complete safety and with due regard to existing obligations in relation to health , social conditions , and the rights of workers and consumers on specific stretches of track .


### the infrastructure manager shall , after consultation with the interested parties , including the regulatory body referred to in article 55 , &#160 ; develop and publish a network statement obtainable against payment of a fee which shall not exceed the cost of publication of&#160 ; that statement . the network statement shall be published in at least two official languages of the union . the content of the network statement shall be made available free of charge in electronic format through the web portal of the european railway agency . ### the infrastructure manager shall , after consultation with the interested parties , including the regulatory body referred to in article 55 , &#160 ; develop and publish a network statement obtainable against payment of a fee&#160 ; which shall not exceed the cost of publication of&#160 ; that statement . the network statement shall be published in at least the commission ' s three working languages . the content of the network statement shall be made available free of charge in electronic format through the web portal of the european railway agency .


### the competent authorities and the railway undertakings providing the public services shall provide the relevant regulatory body or bodies with the information reasonably required to reach a decision . the regulatory body shall consider the information provided , consulting all the relevant parties as appropriate , and shall inform the relevant parties of its reasoned decision within a pre - determined , reasonable time , and , in any case , within two months of receipt of all relevant information . ### the competent authorities and the railway undertakings providing the public services shall provide the regulatory body or bodies with all the information they require to take the appropriate decision . the regulatory body shall consider the information provided , consulting all the relevant parties as appropriate , and shall inform the relevant parties of its reasoned decision within a pre - determined , reasonable time , and , in any case , within two months of receipt of all relevant information .


### in order to guarantee the development of adequate transport services within this framework , in particular to comply with public - service requirements or promote the development of rail freight , member states may take any measures necessary , under non - discriminatory conditions , to ensure that such services are given priority when infrastructure capacity is allocated . ### in order to guarantee the development of adequate transport services within this framework , in particular to comply with public - service requirements or promote the development of rail freight , particularly international freight , member states may take any measures necessary , under non - discriminatory conditions , to ensure that such services are given priority when infrastructure capacity is allocated .


### infrastructure managers shall agree with the other relevant infrastructure managers concerned which international train paths are to be included in the working timetable , before commencing consultation on the draft working timetable . adjustments shall only be made if absolutely necessary . ### infrastructure managers shall agree with the other relevant infrastructure managers concerned which international train paths are to be included in the working timetable , before commencing consultation on the draft working timetable . adjustments shall only be made if absolutely necessary and must be duly justified .


### member states shall develop their national railway infrastructure by taking into account , where necessary , the general needs of the union . for this purpose , they shall publish at the latest two years after the entry into force of this directive a rail infrastructure development strategy with a view to meeting future mobility needs based on sound and sustainable financing of the railway system . the strategy shall cover a period of at least five years and be renewable . ### member states shall develop their national railway infrastructure by taking into account , where necessary , the general needs of the union . for this purpose , they shall publish at the latest two years after the entry into force of this directive a rail infrastructure development strategy &#8211 ; which will be discussed with the local and regional authorities concerned as well as other interested parties &#8211 ; with a view to meeting future mobility needs based on sound and sustainable financing of the railway system . the strategy shall cover a period of at least five years and be renewable .


### the infrastructure manager shall inform in due time interested parties about unscheduled maintenance work . ### the infrastructure manager shall inform interested parties about unscheduled maintenance work at east one week prior to it .


### the efficient management and fair and non - discriminatory use of rail infrastructure require the establishment of a regulatory body that oversees the application of the rules set out in this directive and act as an appeal body , notwithstanding the possibility of judicial review . ### the efficient management and fair and non - discriminatory use of rail infrastructure require the establishment of national regulatory bodies that oversee the application of the rules set out in this directive and act as an appeal body , notwithstanding the possibility of judicial review .


### the importance of freight services and in particular international freight services shall be given adequate consideration in determining priority criteria . ### priority criteria shall include freight services and in particular international freight services .


### a section on charging principles and tariffs . this shall contain appropriate details of the charging scheme as well as sufficient information on charges as well as other relevant information on access applying to the services listed in annex iii which are provided by only one supplier . it shall detail the methodology , rules and , where applicable , scales used for the application of articles 31 to 36 , as regards both costs and charges . it shall contain information on changes in charges already decided upon or foreseen in the next five years . ### a section on charging principles and tariffs . this shall contain appropriate details of the charging scheme as well as sufficient information on charges as well as other relevant information on access applying to the services listed in annex iii which are provided by only one supplier . it shall detail the methodology , rules and , where applicable , scales used for the application of articles 31 to 36 , as regards both costs and charges . it shall contain information on changes in charges already decided upon or to be proposed in the next five years . it must specify the financial compensation arrangements to be applied in the event of delay , a deterioration in quality , or withdrawal of allocated train paths .


### opening up international passenger services to competition may have implications for the organisation and financing of rail passenger services provided under a public service contract . member states should have the option of limiting the right of access to the market where this right would compromise the economic equilibrium of these public service contracts and where approval is given by the relevant regulatory body referred to in article 55 of this directive on the basis of an objective economic analysis , following a request from the competent authorities that awarded the public service contract . __________________ 12 . oj l 315 , 3 . 12 . 2007 , p . 1 . ### opening up passenger services to competition may have implications for the organisation and financing of rail passenger services provided under a public service contract . member states should have the option of limiting the right of access to the market where this right would compromise the economic equilibrium of these public service contracts and where approval is given by the relevant regulatory body referred to in article 55 of this directive on the basis of an objective economic analysis , following a request from the competent authorities that awarded the public service contract .


### when the operator of the service facility encounters conflicts between different requests , he shall attempt the best possible matching of all requirements . if no viable alternative is available , and it is not possible to accommodate all requests for capacity for the relevant facility on the basis of demonstrated needs , the regulatory body referred to in article 55 shall on its own initiative or on the basis of a complaint take appropriate action to ensure that an appropriate part of the capacity is devoted to railway undertakings other than the ones which are part of the body or firm to which the facility operator also belongs . however newly built maintenance and other technical facilities developed for specific new rolling stock may be reserved to the use of one railway undertaking for a period of five years from the start of their operation . ### when the operator of the service facility encounters conflicts between different requests , it shall attempt the best possible matching of all requirements . if no viable alternative is available , and it is not possible to accommodate all requests for capacity for the relevant facility on the basis of demonstrated needs , the regulatory body referred to in article 55 shall on its own initiative or on the basis of a complaint take appropriate action .


### at the request of a member state or on its own initiative the commission shall , in a specific case , examine the application and enforcement of the provisions of this directive , and within two months of receipt of such a request decide in accordance with the procedure referred to in article 64 whether the related measure may continue to be applied . the commission shall communicate its decision to the european parliament , the council and to the member states . ### at the request of a national regulatory body and other competent national authorities or on its own initiative the commission shall , in a specific case , examine the application and enforcement of the provisions of this directive . the national regulatory bodies shall maintain a database accessible to the european commission of their draft decisions . within two months of receipt of such a request the european commission shall decide in accordance with the procedure referred to in article 64 whether the related measure may continue to be applied . the commission shall communicate its decision to the european parliament , the council and to the member states .


### in the case of a complaint or an own - initiative investigation on issues of access or charging relating to an international train path , as well as in the framework of monitoring competition on the market related to international rail transport services , the regulatory body concerned shall consult the regulatory bodies of all other member states through which the international train path concerned runs and request all necessary information from them before taking its decision . ### in the case of a complaint or an own - initiative investigation on issues of access or charging relating to an international train path , as well as in the framework of monitoring competition on the market related to international rail transport services , the regulatory body concerned shall consult the regulatory bodies of all other member states through which the international train path concerned runs and request all necessary information from them before taking its decision . the network of regulatory bodies shall also deliver an opinion .


### the evolution of the internal market in rail services ; ### the evolution of the internal market in rail services including the degree of market opening ;


### in order to ensure dependable and adequate services , it is necessary to ensure that , at all times , railway undertakings meet certain requirements in relation to good repute , financial fitness and professional competence . ### in order to ensure dependable and adequate services , it is necessary to ensure that , at all times , railway undertakings meet certain requirements in relation to good repute , financial fitness and effective and competitive outcomes .


### in order to obtain full recovery of the costs incurred by the infrastructure manager a member state may , if the market can bear this , levy mark - ups on the basis of efficient , transparent and non - discriminatory principles , while guaranteeing optimal competitiveness in particular of international rail freight . the charging system shall respect the productivity increases achieved by railway undertakings . ### in order to obtain full recovery of the costs incurred by the infrastructure manager , a member state may authorise that the infrastructure manager may , on any given market segment , and if that market segment can bear this , levy a mark - up on the basis of efficient transparent and non - discriminatory principles , while guaranteeing optimal competitiveness of the railway sector .


### the commission , assisted by the member states , which shall provide all appropriate information on spectrum use , shall create an inventory of existing spectrum use and of possible future needs for spectrum in the union , in particular in the range from 300 mhz to 3 ghz . ### the commission , assisted by the member states , which shall provide all necessary information on spectrum use , shall create an inventory of existing spectrum use . the provided information shall be sufficiently detailed to allow for the inventory to assess the efficiency of the spectrum use as well as identify possible future needs for spectrum in the union , in particular in the range from 300 mhz to 3 ghz . if necessary the member states shall supply information on a licence - specific basis both including commercial and public sector users without prejudice to the withholding of business sensitive and confidential information .


### member states shall , by 1 january 2012 , authorise the use of all the spectrum designated by commission decisions 2008 / 477 / ec , 2008 / 411 / ec and 2009 / 766 / ec , under conditions that provide consumers with easy access to wireless broadband services . ### member states shall , by 1 january 2012 , make the bands designated by commission decisions 2008 / 477 / ec , 2008 / 411 / ec and 2009 / 766 / ec , available , in order to promote wider availability of wireless broadband services for the benefit of eu citizens and consumers , without prejudice to the existing and future deployment of other services that have equal access to this spectrum under the conditions specified in those commission decisions .


### in order to avoid possible fragmentation of the internal market due to divergent selection conditions and procedures for harmonised spectrum bands allocated to electronic communication services and made tradable in all member states pursuant to article 9b of directive 2002 / 21 / ec , the commission , in cooperation with member states , shall develop guidelines on authorisation conditions and procedures for such bands , in particular on infrastructure sharing and coverage conditions ; ### in order to avoid possible fragmentation of the internal market due to divergent selection conditions and procedures for harmonised spectrum bands allocated to electronic communication services and made tradable in all member states pursuant to article 9b of directive 2002 / 21 / ec , the commission , in cooperation with member states , shall develop guidelines on authorisation conditions and procedures for such bands to ensure a pan - european level playing field ;


### if necessary , the commission shall ensure the availability of additional spectrum bands for the provision of harmonised satellite services for broadband access that will cover the whole territory of the union including the most remote areas with a broadband offering enabling internet access at a comparable price to terrestrial offerings . ### in order to ensure that all citizens have access to advanced digital services including broadband , in particular in remote and sparsely populated areas , member states and the commission shall ensure the availability of sufficient spectrum for the provision of broadband satellite services enabling internet access .


### if necessary , the commission shall ensure that sufficient spectrum is made available under harmonised conditions to support the development of safety services and the free circulation of related devices as well as the development of innovative interoperable solutions for public safety and protection , civil protection and disaster relief . ### the commission shall ensure that sufficient spectrum is made available under harmonised conditions to support the development of safety services and the free circulation of related devices as well as the development of innovative interoperable solutions for public safety and protection , civil protection and disaster relief


### member states shall ensure that authorisation and selection procedures avoid delays and promote effective competition . ### member states shall ensure that authorisation and selection procedures avoid delays , are non - discriminatory and promote effective competition .


### without prejudice to the principles of service and technology neutrality , member states , in cooperation with the commission , shall take all steps necessary to ensure that sufficient spectrum for coverage and capacity purposes is allocated within the union , in order to ensure that wireless applications contribute effectively to achieving the target for all citizens to have access to broadband of a speed of at least 30 mbps by 2020 . ### without prejudice to the principles of service and technology neutrality , member states , in cooperation with the commission , shall take all steps necessary to ensure that sufficient harmonised spectrum for coverage and capacity purposes is allocated within the union , enabling the union to have the fastest broadband speed in the world in order to ensure that wireless applications and european leadership in new services contribute effectively to economic growth , achieving the target for all citizens to have access to broadband speeds of not less than 30 mbps by 2020 .


### in order to implement fully the obligations of paragraph 1 , and in particular to ensure that competition is not distorted by any accumulation , transfer or modification of rights of use for radio frequencies , member states may adopt inter alia the following measures , which are without prejudice to the application of competition rules : ### in order to fully implement the obligations of paragraph 1 , and in particular to ensure that competition is not distorted by any assignment , accumulation , transfer or modification of rights of use for radio frequencies , member states shall , prior to a planned spectrum assignment , conduct a thorough market analysis examining whether the assignment is likely to distort or reduce competition in the mobile markets concerned , taking into account existing spectrum rights held by relevant market operators . if the spectrum assignment is likely to distort or reduce competition , member states shall adopt the most appropriate measures to promote effective competition , and at least one of the following measures , which are without prejudice to the application of competition rules :


### if necessary , the commission shall ensure that sufficient spectrum is made available under harmonised conditions to support the development of safety services and the free circulation of related devices as well as the development of innovative interoperable solutions for public safety and protection , civil protection and disaster relief . ### the commission shall ensure that sufficient spectrum is made available under harmonised conditions to support the development of safety services and the free circulation of related devices as well as the development of innovative interoperable solutions for public safety and protection , civil protection and disaster relief .


### spectrum regulation has strong cross - border or international dimensions , due to propagation characteristics , the international nature of markets dependent on radio - based services , and the need to avoid harmful interference between countries . moreover , the references to international agreements in directives 2002 / 21 / ec and 2002 / 20 / ec as amended8 means that member states shall not enter into international obligations that prevent or constrain the fulfilment of their union obligations . member states should , in accordance with the case - law , undertake all necessary efforts to enable appropriate representation of the union in matters under its competence in international bodies in charge of spectrum coordination . moreover , where union policy or competence is at stake , the union should politically drive the preparation of negotiations and play a role in multilateral negotiations , including in the international telecommunications union that corresponds to its level of responsibility for spectrum matters under union law . ### spectrum regulation has strong cross - border or international dimensions , due to propagation characteristics , the international nature of markets dependent on radio - based services , and the need to avoid harmful interference between countries . moreover , the references to international agreements in directives 2002 / 21 / ec and 2002 / 20 / ec as amended8 means that member states shall not enter into international obligations that prevent or constrain the fulfilment of their union obligations . member states should , in accordance with the case - law , undertake all necessary efforts to enable appropriate representation of the union in matters under its competence in international bodies in charge of spectrum coordination . moreover , where union policy or competence is at stake , the union should politically drive the preparation of negotiations and ensure the union speaks with one voice in multilateral negotiations to create global synergies and economies of scale in the use of spectrum , including in the international telecommunications union that corresponds to its level of responsibility for spectrum matters under union law .


### maintain and develop effective competition , in particular in electronic communication services , by preventing ex ante , or remedying ex post , excessive accumulation of radio frequencies by certain economic operators which results in significant harm to competition ; ### maintain and develop effective competition , in particular in electronic communication services , by preventing ex ante , or remedying ex post , excessive accumulation of radio frequencies by certain economic operators which is likely to distort competition ) ;