### the purpose of the efsd + as an integrated financial package supplying financial capacity drawing on the methods of implementation set up in article 23 , , and , shall be to support investments and increase access to financing , in order to foster sustainable and inclusive economic and social development and promote the socio - economic resilience in partner countries with a particular focus on the , eradication of poverty , sustainable and inclusive growth , the creation of decent jobs , economic opportunities , skills and entrepreneurship , socioeconomic sectors , micro , small and medium - sized enterprises as well as addressing specific socioeconomic root causes of irregular migration , in accordance with the relevant indicative programming documents . special attention shall be given to countries identified as experiencing fragility or conflict , least developed countries and heavily indebted poor countries . ### the purpose of the efsd + as an integrated financial package supplying financial capacity drawing on the methods of implementation set up in article 23 , , and , shall be to support investments and increase access to financing , in order to foster sustainable and inclusive economic and social development and a stable investment environment , promoting the socio - economic resilience in partner countries with a particular focus on the , eradication of poverty , sustainable and inclusive growth , the creation of decent jobs , economic opportunities , skills and entrepreneurship , socioeconomic sectors , micro , small and medium - sized enterprises as well as addressing specific socioeconomic root causes of irregular migration , in accordance with the relevant indicative programming documents . special attention shall be given to countries identified as experiencing fragility or conflict , least developed countries and heavily indebted poor countries .


### to ensure the independence of ncas , their staff and members of the decision - making body should act with integrity and refrain from any action which is incompatible with the performance of their duties . the need to prevent the independent assessment of staff or members of the decision - making body being jeopardised entails that during their employment and term of office and for a reasonable period thereafter , they should refrain from any incompatible occupation , whether gainful or not . furthermore , this also entails that during their employment and their term of office , they should not have an interest in any businesses or organisations which have dealings with a nca to the extent that this has the potential to compromise their independence . the staff and the members of the decision - making body should declare any interest or asset which might create a conflict of interests in the performance of their duties . they should be required to inform the decision - making body , the other members thereof or , in the case of ncas in which the decision - making power rests with only one person , their appointing authority , if , in the performance of their duties , they are called upon to decide on a matter in which they have an interest which might impair their impartiality . ### to ensure the independence of ncas , their staff and members of the decision - making body should act with integrity and refrain from any action which is incompatible with the performance of their duties . this means that that during their employment and term of office and for a reasonable period thereafter , they should refrain from any incompatible occupation whether gainful or not that may give rise to a conflict of interests in a specific case . furthermore , this also entails that in exercising their functions during their employment and their term of office , they should not have an interest in any businesses or organisations which are subject to proceedings for the enforcement of articles 101 or 102 tfeu in which they take part to the extent that this has the potential to compromise their independence in the handling of the case concerned . the staff and members of the decision - making body should declare any interest or asset which might create a conflict of interests in the performance of their duties . they should be required to abstain from any involvement in the decision - making process on a matter in which they have an interest which might impair their impartiality .


### the staff and the members of the decision - making body of national administrative competition authorities can perform their duties and exercise their powers for the application of articles 101 and 102 tfeu independently from political and other external influence ; ### the director , staff and the members of the decision - making body of national administrative competition authorities can perform their duties and exercise their powers for the application of articles 101 and 102 tfeu independently from political and other external influence ;


### the staff and the members of the decision - making body of national administrative competition authorities neither seek nor take any instructions from any government or other public or private entity when carrying out their duties and exercising their powers for the application of articles 101 and 102 tfeu ; ### the director , staff and the members of the decision - making body of national administrative competition authorities neither seek nor take any instructions from any government or other public or private entity when carrying out their duties and exercising their powers for the application of articles 101 and 102 tfeu ;


### it shall be for member states to determine the use to be made of revenues generated from the auctioning of allowances . those revenues should be used to tackle climate change in the eu and third countries , inter alia , to reduce greenhouse gas emissions , to adapt to the impacts of climate change in the eu and third countries , especially developing countries , to fund research and development for mitigation and adaptation , including in particular in the fields of aeronautics and air transport , to reduce emissions through low - emission transport and to cover the cost of administering the community scheme . the proceeds of auctioning should also be used to fund contributions to the global energy efficiency and renewable energy fund , and measures to avoid deforestation . ### in article 3d , the first subparagraph of paragraph 4 is replaced by the following : “revenues generated from the auctioning of allowances shall be used to tackle climate change in the eu and third countries , inter alia , to reduce greenhouse gas emissions , to adapt to the impacts of climate change in the eu and third countries , especially developing countries , especially to fund research and development for mitigation and adaptation , in particular in the fields of aeronautics and air transport , to reduce emissions through low - emission transport and to cover the cost of administering the community scheme . the proceeds of auctioning should also be used to fund contributions to the global energy efficiency and renewable energy fund , and measures to avoid deforestation . particular consideration shall be given to the ninth research framework programme . ” ;


### all emissions from flights to and from aerodromes located in countries outside the european economic area in each calendar year from 1 january 2013 , subject to the review referred to in article 28b . ### all emissions from flights to and from aerodromes located in countries outside the european economic area in each calendar year from 1 january 2013 to 31 december 2020 , subject to the review referred to in article 28b .


### point is deleted . ### point is replaced by the following : “ all emissions from flights between aerodromes located in the eea operated as a consequence of a flight referred to in points or being diverted to an aerodrome located in the eea in each calendar year from 1 january 2017 , subject to the requirements of the report referred to in article 28b . ” ;


### the commission shall report to the european parliament and the council on the relevant icao standards or other legal instruments as well as on domestic measures taken by third countries to implement the global market - based measure to be applied to emissions from 2021 , and on other relevant international developments . ### the commission shall report , annually and when appropriate , to the european parliament and the council on the relevant icao standards or other legal instruments as well as on domestic measures taken by third countries to implement the global market - based measure to be applied to emissions from 2021 , and on other relevant international developments .


### the core principle of the present regulation is that any union vessel fishing outside union waters should be authorised by its flag member state and monitored accordingly , irrespective of where it operates and the framework under which it does so . the issuing of an authorisation should be dependent on a basic set of common eligibility criteria being fulfilled . the information gathered by the member states and provided to the commission should allow the latter to intervene in the monitoring of the fishing activities of all union fishing vessels in any given area outside union waters at any time . ### the core principle of the present regulation is that any union vessel fishing outside union waters should be authorised by its flag member state and monitored accordingly , irrespective of where it operates and the framework under which it does so . the issuing of an authorisation should be dependent on a basic set of common eligibility criteria being fulfilled . the information gathered by the member states and provided to the commission should allow the latter to intervene in the monitoring of the fishing activities of all union fishing vessels in any given area outside union waters at any time . this is necessary to enable the commission to fulfil its obligations as guardian of the treaties that the decisions taken to implements aid treaties are properly enforced .


### - evidence of the sustainability of the planned fishing activities , on the basis of : ### - evidence of the sustainability of the planned fishing activities and the existence of a surplus of allowable catch as required by article 31 of the regulation no 1380 / 2013 , on the basis of :


### adequate facilities should be in place to ensure that the users of the ports which are requested to pay a port infrastructure charge and / or a port service charge are regularly consulted when the port infrastructure charge and the port service charge are defined and changed . the managing bodies of the ports should also regularly consult other stakeholders on key issues related to the sound development of the port , its performance and its capacity to attract and generate economic activities such as the coordination of port services within the port area and the efficiency of the connections with the hinterland and of the administrative procedures in ports . ### it should be ensured that the users of the ports which are requested to pay a port infrastructure charge and / or a port service charge are regularly consulted when the port infrastructure charge and the port service charge are defined and changed . the managing bodies of the ports should also regularly consult other stakeholders on key issues related to the sound development of the port , its performance and its capacity to attract and generate economic activities such as the coordination of port services within the port area and the efficiency of the connections with the hinterland and of the administrative procedures in ports .


### ' cargo handling services ' means the organisation and handling of cargo between the carrying waterborne vessel and the shore be it for import , export or transit of the cargo , including the processing , transporting and temporary storage of the cargo on the relevant cargo handling terminal and directly related to the transporting of the cargo , but excluding warehousing , stripping , repackaging or any other value added services related to the handled cargo ; ### ‘ cargo handling services’ means the organisation and handling of cargo between the carrying waterborne vessel and the shore be it for import , export or transit of the cargo , including the processing , lashing , stowing , transporting and temporary storage of the cargo on the relevant cargo handling terminal and directly related to the transporting of the cargo , but excluding warehousing , stripping , repackaging or any other value added services related to the handled cargo ;


### the equipment needed to provide the relevant port service in normal and safe conditions and the capacity to maintain this equipment at the appropriate level ; ### the equipment needed to provide the relevant port service to any vessel which the port may receive , at all berths , in normal and safe conditions , in a continuous manner , and the technical and financial capacity to maintain this equipment at the appropriate level ;


### in the cases provided for in paragraph 1 , the minimum requirements referred to in paragraph 2 and the procedure for the granting of the right to provide port services under those requirements shall have been published by the managing body of the port by 1 july 2015 or for minimum requirements being applicable after that date at least three months before the date on which those requirements would become applicable . providers of port services shall be informed in advance of any change in the criteria and of the procedure . ### in the cases provided for in paragraph 1 , the minimum requirements referred to in paragraph 2 and the procedure for the granting of the right to provide port services under those requirements shall be published by the managing body of the port no later than 24 months after the entry into force of this regulation or for minimum requirements being applicable after that date at least three months before the date on which those requirements would become applicable . providers of port services shall be informed in advance of any change in the criteria and of the procedure .


### the managing body of the port shall grant or refuse the right to provide port services on the basis of the minimum requirements established in accordance with article 4 within one month from receiving a request for the granting of such a right . any refusal shall be duly justified on the basis of objective , transparent , non - discriminatory and proportionate criteria . ### the managing body of the port shall grant or refuse the right to provide port services on the basis of the minimum requirements established in accordance with article 4 within one month from receiving in full a request for the granting of such a right . any refusal shall be duly justified on the basis of objective , transparent , non - discriminatory and proportionate criteria .


### when a managing body of a port provides port services itself or through a legally distinct entity which it directly or indirectly controls , the member state may entrust the adoption of the decision limiting the number of providers of port services to an authority which is independent from the managing body of the port . if the member state does not entrust the adoption of the decision limiting the number of providers of port services to such an authority , the number of providers shall not be less than two . ### when a managing body of a port or a competent authority provides port services itself or through a legally distinct entity which it directly or indirectly controls , the member state shall take necessary measures to avoid conflicts of interest . in the absence of such measures , the number of providers shall not be less than two , unless any of the reasons listed in paragraph 1 justifies a limitation to a single provider .


### where the managing body of the port that receives public funds provides port services itself , it shall keep the accounts of each port service activity separate from the accounts of its other activities , in such a way that : ### where the managing body of a port in receipt of public funds provides port services or dredging , within the port area which falls into the legal competence of the managing body of the port , itself , or other entity provides port services or dredging , within the port area which falls into the legal competence of the managing body of the port , on its behalf , it shall keep the accounts of that publicly funded port service activity or dredging separate from the accounts of its other activities , in such a way that :


### without prejudice to paragraph 3 , port infrastructure charges may vary in accordance with commercial practices related to frequent users , or in order to promote a more efficient use of the port infrastructure , short sea shipping or a high environmental performance , energy efficiency or carbon efficiency of transport operations . the criteria used for such a variation shall be relevant , objective , transparent and non - discriminatory and in due respect of the competition rules . the resulting variation shall in particular be available to all relevant port service users on equal terms . ### without prejudice to paragraph 3 , port infrastructure charges may vary in accordance with the port’s economic strategy and with commercial practices related to frequent users , or in order to promote amongst others a more efficient use of the port infrastructure , short sea shipping or a high environmental performance , energy efficiency or carbon efficiency of transport operations . the criteria used for such a variation shall be in due respect of the competition and state aid rules .


### it shall apply with effect from 1 july 2015 . ### it shall apply 24 months after the entry into force of the regulation .


### if assignees are not aware of the legal risk or choose to ignore it , they may face unexpected financial losses . uncertainty about who has legal title over the claims assigned on a cross - border basis can have knock - on effects and deepen and prolong the impact of a financial crisis . if assignees decide to mitigate the legal risk by seeking specific legal advice , they will incur higher transaction costs not required for domestic assignments . if assignees are deterred by the legal risk and choose to avoid it , they may forego business opportunities and market integration may be reduced . ### if assignees are not aware of the legal risk or choose to ignore it , they may face unexpected financial losses . uncertainty about who has legal title over the claims assigned on a cross - border basis can have knock - on effects and deepen and prolong the impact of a financial crisis . if assignees decide to mitigate the legal risk by seeking specific legal advice , they will incur higher transaction costs not required for domestic assignments .


### priority conflicts between assignees of the same claim may arise where the third - party effects of the assignment have been subject to the law of the assignor’s habitual residence in one assignment and to the law of the assigned claim in another assignment . in such cases , the law applicable to resolve the priority conflict should be the law applicable to the third - party effects of the assignment of the claim which has first become effective against third parties under its applicable law . ### priority conflicts between assignees of the same claim may arise where the third - party effects of the assignment have been subject to the law of the assignor’s habitual residence in one assignment and to the law of the assigned claim in another assignment . in such cases , the law applicable to resolve the priority conflict should be the law applicable to the third - party effects of the assignment of the claim which has first become effective against third parties under its applicable law . where assignment of both claims becomes effective against third parties at the same time , the law of the assignor’s habitual residence should prevail .


### a priority conflict between assignees of the same claim where the third - party effects of one of the assignments are governed by the law of the country in which the assignor has its habitual residence and the third - party effects of other assignments are governed by the law of the assigned claim shall be governed by the law applicable to the third - party effects of the assignment of the claim which first became effective against third parties under its applicable law . ### a priority conflict between assignees of the same claim where the third - party effects of one of the assignments are governed by the law of the country in which the assignor has its habitual residence and the third - party effects of other assignments are governed by the law of the assigned claim shall be governed by the law applicable to the third - party effects of the assignment of the claim which first became effective against third parties under its applicable law . where assignment of both claims becomes effective against third parties at the same time , the law of the country in which the assignor’s habitual residence is situated shall prevail .


### when preparing the national plans referred to in paragraph 1 , member states shall take into account the interlinkages between the five dimensions of the energy union and they shall use consistent data and assumptions across the five dimensions where relevant . ### when preparing the national plans referred to in paragraph 1 , member states shall avoid administrative burden and additional costs by taking into account the interlinkages between the five dimensions of the energy union and they shall use consistent data and assumptions across the five dimensions where relevant


### trajectories on bioenergy demand , disaggregated between heat , electricity and transport , and on biomass supply by feedstock and origin . for forest biomass , an assessment of its source and impact on the lulucf sink ; ### trajectories on bioenergy demand , disaggregated between heat , electricity and transport , and on biomass supply , by feedstock and origin . for forest biomass , an assessment of its source and impact on the lulucf sink at country level .


### trajectories on bioenergy demand , disaggregated between heat , electricity and transport , and on biomass supply by feedstocks and origin . for forest biomass , an assessment of its source and impact on the lulucf sink ### trajectories on bioenergy demand , disaggregated between heat , electricity and transport , and on biomass supply by feedstocks and origin . for forest biomass , an assessment of its source and impact on the lulucf sink at country level


### if applicable , other national trajectories and objectives including long term and sectorial ones ; ### other national trajectories and objectives including long term and sectorial ones ;


### if applicable , other national trajectories and objectives , including long term or sectorial ones ### other national trajectories and objectives , including long term or sectorial ones


### measures promoting the use of energy from biomass , especially for new biomass mobilisation taking into account biomass availability and other biomass uses , as well as measures for the sustainability of biomass produced and used ; ### measures promoting the use of energy from biomass , especially for new biomass mobilisation taking into account biomass availability and other biomass uses , including agriculture and forest - based sectors as well as measures for the sustainability of biomass produced and used ;


### if , on the basis of its aggregate assessment of member states ' integrated national energy and climate progress reports pursuant to article 25 and supported by other information sources , as appropriate , the commission concludes that the union is at risk of not meeting the objectives of the energy union and , in particular , for the first ten - years period , the targets of the union ' s 2030 framework for climate and energy , it may issue recommendations to all member states pursuant to article 28 to mitigate such risk . the commission shall , as appropriate , take measures at union level in addition to the recommendations in order to ensure in particular the achievement of the union ' s 2030 targets for renewable energy and energy efficiency . with regard to renewable energy , such measures shall take into consideration ambitious early efforts by member states to contribute to the union ' s 2030 target . ### if , on the basis of its aggregate assessment of member states ' integrated national energy and climate progress reports pursuant to article 25 and supported by other information sources , the commission concludes that the union is at risk of not meeting the objectives of the energy union and , in particular , for the first ten - years period , the targets of the union ' s 2030 framework for climate and energy , it shall issue specific requirements for all member states pursuant to article 28 to mitigate such risk . the commission shall take measures at union level in addition to the specific requirements in order to ensure in particular the achievement of the union ' s 2030 targets for renewable energy and energy efficiency . with regard to renewable energy , such measures shall take into consideration ambitious early efforts by member states to contribute to the union ' s 2030 target .


### if applicable , other national objectives and targets consistent with existing long - term low emission strategies . if applicable , other objectives and targets , including sector targets and adaptation goals ### other national objectives and targets consistent with existing long - term low emission strategies . other objectives and targets , including sector targets and adaptation goals


### - other biomass uses by other sectors ; as well as measures for the sustainability of biomass production and use ### - other biomass uses by other sectors including agriculture and forest - based sectors ; as well as measures for the sustainability of biomass production and use


### the development and share of biofuels made from feedstocks listed in annex ix to [ recast of directive 2009 / 28 / ec as proposed by com 767 ] including a resource assessment focusing on the sustainability aspects relating to the effect of the replacement of food and feed products for biofuel production , taking due account of the principles of the waste hierarchy established in directive 2008 / 98 / ec and the biomass cascading principle , taking into consideration the regional and local economic and technological circumstances , the maintenance of the necessary carbon stock in the soil and the quality of the soil and the ecosystems ; ### the development and share of biofuels made from feedstocks listed in annex ix to [ recast of directive 2009 / 28 / ec as proposed by com 767 ] including a resource assessment focusing on the sustainability aspects relating to the effect of the use of food and feed products for biofuel production , taking account of the principles of the waste hierarchy established in directive 2008 / 98 / ec and the biomass cascading principle , taking into consideration the regional and local economic and technological circumstances , the maintenance of the carbon stock in the soil and the quality of the soil and the ecosystems ;


### the technological development , availability and sustainability of biofuels made from feedstocks listed in annex ix to [ recast of directive 2009 / 28 / ec as proposed by com 767 ] , including an assessment of the effect of the replacement of food and feed products for biofuel production , taking due account of the principles of the waste hierarchy established in directive 2008 / 98 / ec and the biomass cascading principle , taking into consideration the regional and local economic and technological circumstances , the maintenance of the necessary carbon stock in the soil and the quality of soil and ecosystems ; ### the technological development , availability and sustainability of biofuels made from feedstocks listed in annex ix to [ recast of directive 2009 / 28 / ec as proposed by com 767 ] , including an assessment of the effect of the use of food and feed products for biofuel production , taking account of the principles of the waste hierarchy established in directive 2008 / 98 / ec and the biomass cascading principle , taking into consideration the regional and local economic and technological circumstances , the maintenance of the carbon stock in the soil and the quality of soil and ecosystems ;


### in respect of both third countries and member states that are a significant source of biofuels , bioliquids and biomass fuels consumed within the union , on national measures taken to respect the sustainability criteria and greenhouse gas saving criteria set out in article 26 , paragraphs 2 to 7 , of [ recast of directive 2009 / 28 / ec as proposed by com 767 ] , for soil , water and air protection . ### in respect of both third countries and member states that are a source of biofuels , bioliquids and biomass fuels consumed within the union , on national measures taken to respect the sustainability criteria and greenhouse gas saving criteria set out in article 26 , paragraphs 2 to 7 , of [ recast of directive 2009 / 28 / ec as proposed by com 767 ] , for soil , water and air protection .


### horizontal financial rules adopted by the european parliament and the council on the basis of article 322 of the treaty on the functioning of the european union apply to this regulation . these rules are laid down in the financial regulation and determine in particular the procedure for establishing and implementing the budget through grants , procurement , prizes , indirect implementation , and provide for checks on the responsibility of financial actors . rules adopted on the basis of article 322 of the treaty on the functioning of the european union also concern the protection of the union ' s budget in case of generalised deficiencies as regards the rule of law in the member states , as the respect for the rule of law is an essential precondition for sound financial management and effective eu funding . ### horizontal financial rules adopted by the european parliament and the council on the basis of article 322 of the treaty on the functioning of the european union apply to this regulation . these rules are laid down in the financial regulation and determine in particular the procedure for establishing and implementing the budget through grants , procurement , prizes , indirect implementation , and provide for checks on the responsibility of financial actors . contracts financed in whole or in part by the eu budget under the eu anti - fraud programme are thus subject inter alia to the principles of transparency , proportionality , equal treatment and non - discrimination , while grants are in addition subject to the principles of co - financing , non - cumulative award and no double financing , non - retroactivity and no - profit . rules adopted on the basis of article 322 of the treaty on the functioning of the european union also concern the protection of the union ' s budget in case of generalised deficiencies as regards the rule of law in the member states , as the respect for the rule of law is an essential precondition for sound financial management and effective eu funding .


### in the communication to the european parliament and to the council on the mid - term evaluation of the pericles 2020 programme , the commission came to the conclusion that the continuation of the pericles 2020 programme beyond 2020 should be supported , given its eu added value , its long - term impact and the sustainability of its actions . ### contrary to standard procedure , a separate impact assessment of the programme was not carried out . this can be partly explained by the fact that in 2017 the commission carried out a mid - term evaluation of the programme , supported by an independent report . although the report is generally positive about the programme , it expresses concerns about the limited number of competent authorities participating in the activities of the programme and the quality of the key performance indicators used for measuring the results of the programme . in its communication to the european parliament and to the council on the mid - term evaluation of the pericles 2020 programme , the commission came to the conclusion that the continuation of the pericles 2020 programme beyond 2020 should be supported , given its union added value , its long - term impact and the sustainability of its actions .


### to prevent and combat counterfeiting and related fraud , thus enhancing the competitiveness of the union’s economy and securing the sustainability of public finances . ### to prevent and combat counterfeiting and related fraud of euro banknotes and coins , thus enhancing the competitiveness of the union’s economy , securing the sustainability of public finances as well as increasing citizens ' trust in the euro currency .


### the commission shall provide annual information on the results of the programme to the european parliament and to the council , taking into account the quantitative and qualitative indicators set out in the annex to this proposal . ### the commission shall provide annual information on the results of the programme to the european parliament and to the council , the ecb and europol , taking into account the quantitative and qualitative indicators set out in the annex to this proposal .


### establishing jurisdiction requires an assessment of factual situations against the criteria laid down in directive 2010 / 13 / eu . the assessment of such factual situations might lead to conflicting results . in the application of the cooperation procedures provided for in articles 3 and 4 of directive 2010 / 13 / eu , it is important that the commission can base its findings on reliable facts . the european regulators group for audiovisual media services should therefore be empowered to provide opinions on jurisdiction upon the commission ' s request . ### establishing jurisdiction requires an assessment of factual situations against the criteria laid down in directive 2010 / 13 / eu . the assessment of such factual situations might lead to conflicting results . in the application of articles 2 , 3 and 4 of directive 2010 / 13 / eu , it is important that the commission can base its findings on reliable facts . the european regulators group for audiovisual media services should therefore be empowered to provide opinions on jurisdiction upon the commission ' s request .


### in order to empower viewers , including parents and minors , in making informed decisions about the content to be watched , it is necessary that audiovisual media service providers provide sufficient information about content that may impair minors ' physical , mental or moral development . this could be done , for instance , through a system of content descriptors indicating the nature of the content . content descriptors could be delivered through written , graphical or acoustic means . ### in order to empower viewers , including parents and minors , in making informed decisions about the content to be watched , it is necessary that audiovisual media service providers provide sufficient information about content that may impair minors ' physical , mental or moral development . this should be done through a system of content descriptors indicating the nature of the content . content descriptors could be delivered through written , graphical or acoustic means


### product placement should not be admissible in news and current affairs programmes , consumer affairs programmes , religious programmes and programmes with a significant children’s audience . in particular , evidence shows that product placement and embedded advertisements can affect children’s behaviour as children are often not able to recognise the commercial content . there is thus a need to continue to prohibit product placement in programmes with a significant children’s audience . consumer affairs programmes are programmes offering advice to viewers , or including reviews on the purchase of products and services . allowing product placement in such programmes would blur the distinction between advertising and editorial content for viewers who may expect a genuine and honest review of products or services in such programmes . ### product placement should not be admissible in news and current affairs programmes , consumer affairs programmes , religious programmes and children programmes and content aimed at children’s audience . in particular , evidence shows that product placement and embedded advertisements can affect children’s behaviour as children are often not able to recognise the commercial content . there is thus a need to continue to prohibit product placement in programmes and content aimed at children’s audience . consumer affairs programmes are programmes offering advice to viewers , or including reviews on the purchase of products and services . allowing product placement in such programmes would blur the distinction between advertising and editorial content for viewers who may expect a genuine and honest review of products or services in such programmes . the provision of goods or services free of charge , such as samples , production props or prizes , should only be considered to be product placement if the goods or services involved are of significant commercial value .


### an important share of the content stored on video - sharing platforms is not under the editorial responsibility of the video - sharing platform provider . however , those providers typically determine the organisation of the content , namely programmes or user - generated videos , including by automatic means or algorithms . therefore , those providers should be required to take appropriate measures to protect minors from content that may impair their physical , mental or moral development and protect all citizens from incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , race , colour , religion , descent or national or ethnic origin . ### an important share of the content stored on video - sharing or social media platforms is not under the editorial responsibility of the platform provider . however , those providers typically determine the organisation of the content , namely programmes or user - generated videos , including by automatic means or algorithms . therefore , those providers should be required to take appropriate measures to protect minors from content that may impair their physical , mental or moral development and protect all citizens from incitement to terrorism or from incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , race , colour , religion , descent or national or ethnic origin .


### it is appropriate to involve the video - sharing platform providers as much as possible when implementing the appropriate measures to be taken pursuant to this directive . co - regulation should therefore be encouraged . with a view to ensuring a clear and consistent approach in this regard across the union , member states should not be entitled to require video - sharing platform providers to take stricter measures to protect minors from harmful content and all citizens from content containing incitement to violence or hatred than the ones provided for in this directive . however , it should remain possible for member states to take such stricter measures where that content is illegal , provided that they comply with articles 14 and 15 of directive 2000 / 31 / ec , and to take measures with respect to content on websites containing or disseminating child pornography , as required by and allowed under article 25 of directive 2011 / 93 / eu of the european parliament and the council35 . it should also remain possible for video - sharing platform providers to take stricter measures on a voluntary basis . __________________ 35 directive 2011 / 93 / eu of the european parliament and of the council of 13 december 2011 on combating the sexual abuse and sexual exploitation of children and child pornography , and replacing council framework decision 2004 / 68 / jha . ### it is appropriate to involve relevant stakeholders including civil society organisations and the video - sharing platform providers as much as possible when implementing the appropriate measures to be taken pursuant to this directive . co - regulation , that is transparent and accountable , should therefore be encouraged . with a view to ensuring a clear and consistent approach in this regard across the union , member states should not be entitled to require video - sharing platform providers to take stricter measures to protect minors from harmful content and all citizens from content containing incitement to violence or hatred than the ones provided for in this directive . however , it should also remain possible for video - sharing platform providers to take stricter measures on a voluntary basis . __________________


### it is appropriate to involve the video - sharing platform providers as much as possible when implementing the appropriate measures to be taken pursuant to this directive . co - regulation should therefore be encouraged . with a view to ensuring a clear and consistent approach in this regard across the union , member states should not be entitled to require video - sharing platform providers to take stricter measures to protect minors from harmful content and all citizens from content containing incitement to violence or hatred than the ones provided for in this directive . however , it should remain possible for member states to take such stricter measures where that content is illegal , provided that they comply with articles 14 and 15 of directive 2000 / 31 / ec , and to take measures with respect to content on websites containing or disseminating child pornography , as required by and allowed under article 25 of directive 2011 / 93 / eu of the european parliament and the council35 . it should also remain possible for video - sharing platform providers to take stricter measures on a voluntary basis __________________ 35 directive 2011 / 93 / eu of the european parliament and of the council of 13 december 2011 on combating the sexual abuse and sexual exploitation of children and child pornography , and replacing council framework decision 2004 / 68 / jha , oj l 335 , 17 . 12 . 2011 , p . 1 . ### it is appropriate to involve the video - sharing platform providers that manage social networking platforms and similar services as much as possible when implementing the appropriate measures to be taken pursuant to this directive . co - regulation and self - regulation should therefore be encouraged . with a view to ensuring a clear and consistent approach in this regard across the union , member states should not be entitled to require video - sharing platform providers that manage social networking platforms and similar services to take stricter measures to protect minors from harmful content and all citizens from content containing incitement to violence or hatred than the ones provided for in this directive . however , it should remain possible for member states to take such stricter measures where that content is illegal , provided that they comply with articles 14 and 15 of directive 2000 / 31 / ec , and to take measures with respect to content on websites containing or disseminating child pornography , as required by and allowed under article 25 of directive 2011 / 93 / eu of the european parliament and the council35 . it should also remain possible for video - sharing platform providers to take stricter measures on a voluntary basis __________________ 35 directive 2011 / 93 / eu of the european parliament and of the council of 13 december 2011 on combating the sexual abuse and sexual exploitation of children and child pornography , and replacing council framework decision 2004 / 68 / jha , oj l 335 , 17 . 12 . 2011 , p . 1 .


### the video - sharing platform providers covered by this directive provide information society services within the meaning of point of article 2 of directive 2000 / 31 / ec . those providers are consequently subject to the rules on the internal market set out in article 3 of that directive , if they are established in a member state . it is appropriate to ensure that the same rules apply to video - sharing platform providers which are not established in a member state with a view to safeguarding the effectiveness of the measures to protect minors and citizens set out in this directive and ensuring a level playing field in as much as possible , in as far as those providers have either a parent company or a subsidiary which is established in a member state or where those providers are part of a group and another entity of that group is established in a member state . to that effect , arrangements should be made to determine in which member state those providers should be deemed to have been established . the commission should be informed of the providers under each member state ' s jurisdiction in application of the rules on establishment set out in this directive and in directive 2000 / 31 / ec . ### the video - sharing platform providers covered by this directive provide information society services within the meaning of point of article 2 of directive 2000 / 31 / ec . those providers are consequently subject to the rules on the internal market set out in article 3 of that directive , if they are established in a member state . it is appropriate to ensure that the same rules apply to video - sharing platform providers which are not established in a member state with a view to safeguarding the effectiveness of the measures to protect minors and citizens set out in this directive and ensuring a level playing field in as much as possible , in as far as those providers have either a parent company or a subsidiary which is established in a member state or where those providers are part of a group and another entity of that group is established in a member state . to that effect , arrangements should be made to determine in which member state those providers should be deemed to have been established . given the wide audience of video - sharing platforms and social media , it is appropriate that the member state having jurisdiction over such a platform coordinate with the other member states concerned for the regulation of those platforms . the commission should be informed of the providers under each member state ' s jurisdiction in application of the rules on establishment set out in this directive and in directive 2000 / 31 / ec .


### the video - sharing platform providers covered by this directive provide information society services within the meaning of point of article 2 of directive 2000 / 31 / ec . those providers are consequently subject to the rules on the internal market set out in article 3 of that directive , if they are established in a member state . it is appropriate to ensure that the same rules apply to video - sharing platform providers which are not established in a member state with a view to safeguarding the effectiveness of the measures to protect minors and citizens set out in this directive and ensuring a level playing field in as much as possible , in as far as those providers have either a parent company or a subsidiary which is established in a member state or where those providers are part of a group and another entity of that group is established in a member state . to that effect , arrangements should be made to determine in which member state those providers should be deemed to have been established . the commission should be informed of the providers under each member state ' s jurisdiction in application of the rules on establishment set out in this directive and in directive 2000 / 31 / ec . ### the video - sharing platform providers covered by this directive provide information society services within the meaning of point of article 2 of directive 2000 / 31 / ec and generally provide hosting services in line with article 14 of that instrument . those providers are consequently subject to the rules on the internal market set out in article 3 of that directive , if they are established in a member state . it is appropriate to ensure that the same rules apply to video - sharing platform providers which are not established in a member state with a view to safeguarding the effectiveness of the measures to protect minors and citizens set out in this directive and ensuring a level playing field in as much as possible , in as far as those providers have either a parent company or a subsidiary which is established in a member state or where those providers are part of a group and another entity of that group is established in a member state . to that effect , arrangements should be made to determine in which member state those providers should be deemed to have been established . the commission should be informed of the providers under each member state ' s jurisdiction in application of the rules on establishment set out in this directive and in directive 2000 / 31 / ec .


### the video - sharing platform providers covered by this directive provide information society services within the meaning of point of article 2 of directive 2000 / 31 / ec . those providers are consequently subject to the rules on the internal market set out in article 3 of that directive , if they are established in a member state . it is appropriate to ensure that the same rules apply to video - sharing platform providers which are not established in a member state with a view to safeguarding the effectiveness of the measures to protect minors and citizens set out in this directive and ensuring a level playing field in as much as possible , in as far as those providers have either a parent company or a subsidiary which is established in a member state or where those providers are part of a group and another entity of that group is established in a member state . to that effect , arrangements should be made to determine in which member state those providers should be deemed to have been established . the commission should be informed of the providers under each member state ' s jurisdiction in application of the rules on establishment set out in this directive and in directive 2000 / 31 / ec . ### video - sharing platform providers covered by this directive provide information society services within the meaning of point of article 2 of directive 2000 / 31 / ec and generally provide hosting services in line with article14 of that instrument . those providers are consequently subject to the rules on the internal market set out in article 3 of that directive , if they are established in a member state . it is appropriate to ensure that the same rules apply to video - sharing platform providers which are not established in a member state with a view to safeguarding the effectiveness of the measures to protect minors and citizens set out in this directive and ensuring a level playing field in as much as possible , in as far as those providers have either a parent company or a subsidiary which is established in a member state or where those providers are part of a group and another entity of that group is established in a member state . to that effect , arrangements should be made to determine in which member state those providers should be deemed to have been established . the commission should be informed of the providers under each member state ' s jurisdiction in application of the rules on establishment set out in this directive and in directive 2000 / 31 / ec .


### the video - sharing platform providers covered by this directive provide information society services within the meaning of point of article 2 of directive 2000 / 31 / ec . those providers are consequently subject to the rules on the internal market set out in article 3 of that directive , if they are established in a member state . it is appropriate to ensure that the same rules apply to video - sharing platform providers which are not established in a member state with a view to safeguarding the effectiveness of the measures to protect minors and citizens set out in this directive and ensuring a level playing field in as much as possible , in as far as those providers have either a parent company or a subsidiary which is established in a member state or where those providers are part of a group and another entity of that group is established in a member state . to that effect , arrangements should be made to determine in which member state those providers should be deemed to have been established . the commission should be informed of the providers under each member state ' s jurisdiction in application of the rules on establishment set out in this directive and in directive 2000 / 31 / ec . ### video - sharing platform providers covered by this directive provide information society services within the meaning of point of article 2 of directive 2000 / 31 / ec and generally provide hosting services in accordance with article 14 of that directive . those providers are consequently subject to the rules on the internal market set out in article 3 of that directive , if they are established in a member state . it is appropriate to ensure that the same rules apply to video - sharing platform providers which are not established in a member state with a view to safeguarding the effectiveness of the measures to protect minors and citizens set out in this directive and ensuring a level playing field in as much as possible , in as far as those providers have either a parent company or a subsidiary which is established in a member state or where those providers are part of a group and another entity of that group is established in a member state . to that effect , arrangements should be made to determine in which member state those providers should be deemed to have been established . the commission should be informed of the providers under each member state ' s jurisdiction in application of the rules on establishment set out in this directive and in directive 2000 / 31 / ec .


### the video - sharing platform providers covered by this directive provide information society services within the meaning of point of article 2 of directive 2000 / 31 / ec . those providers are consequently subject to the rules on the internal market set out in article 3 of that directive , if they are established in a member state . it is appropriate to ensure that the same rules apply to video - sharing platform providers which are not established in a member state with a view to safeguarding the effectiveness of the measures to protect minors and citizens set out in this directive and ensuring a level playing field in as much as possible , in as far as those providers have either a parent company or a subsidiary which is established in a member state or where those providers are part of a group and another entity of that group is established in a member state . to that effect , arrangements should be made to determine in which member state those providers should be deemed to have been established . the commission should be informed of the providers under each member state ' s jurisdiction in application of the rules on establishment set out in this directive and in directive 2000 / 31 / ec . ### the video - sharing platform providers covered by this directive provide information society services within the meaning of point of article 2 of directive 2000 / 31 / ec and generally provide hosting services in line with article 14 of that directive . those providers are consequently subject to the rules on the internal market set out in article 3 of that directive , if they are established in a member state . it is appropriate to ensure that the same rules apply to video - sharing platform providers which are not established in a member state with a view to safeguarding the effectiveness of the measures to protect minors and citizens set out in this directive and ensuring a level playing field in as much as possible , in as far as those providers have either a parent company or a subsidiary which is established in a member state or where those providers are part of a group and another entity of that group is established in a member state . to that effect , arrangements should be made to determine in which member state those providers should be deemed to have been established . the commission should be informed of the providers under each member state ' s jurisdiction in application of the rules on establishment set out in this directive and in directive 2000 / 31 / ec .


### regulatory authorities of the member states can achieve the requisite degree of structural independence only if established as separate legal entities . member states should therefore guarantee the independence of the national regulatory authorities from both the government , public bodies and the industry with a view to ensuring the impartiality of their decisions . this requirement of independence should be without prejudice to the possibility for member states to establish regulators having oversight over different sectors , such as audiovisual and telecom . national regulatory authorities should be in possession of the enforcement powers and resources necessary for the fulfilment of their tasks , in terms of staffing , expertise and financial means . the activities of national regulatory authorities established under this directive should ensure respect for the objectives of media pluralism , cultural diversity , consumer protection , the internal market and the promotion of fair competition . ### regulatory authorities of the member states should achieve the requisite degree of independence by being established as separate legal entities . member states should therefore guarantee the independence of the national regulatory bodies or authorities from both the government , public bodies and the industry with a view to ensuring the impartiality of their decisions . this requirement of independence should be without prejudice to the possibility for member states to establish regulators having oversight over different sectors , such as audiovisual and telecom . national regulatory bodies or authorities should be in possession of full enforcement powers and resources necessary for the fulfilment of their tasks , in terms of staffing , expertise and financial means . the activities of national regulatory bodies or authorities established under this directive should be transparent and should ensure respect for the objectives of media pluralism , cultural diversity , consumer protection and non - discrimination , the internal market and the promotion of fair competition .


### with a view to ensuring the consistent application of the union audiovisual regulatory framework across all member states , the commission established erga by commission decision of 3 february 201436 . erga ' s role is to advise and assist the commission in its work to ensure a consistent implementation of directive 2010 / 13 / eu in all member states , and to facilitate cooperation among the national regulatory authorities , and between the national regulatory authorities and the commission . _________________ 36 commission decision c 462 final of 3 february 2014 on establishing the european regulators group for audiovisual media services . ### with a view to ensuring the consistent application of the union audiovisual regulatory framework across all member states , the commission established erga by commission decision of 3 february 201436 . erga ' s role is to act as an independent expert advisory group and assist the commission in its work to ensure a consistent implementation of directive 2010 / 13 / eu in all member states , and to facilitate cooperation among the national regulatory bodies and authorities , and between the national regulatory bodies and authorities and the commission . _________________ 36 commission decision c 462 final of 3 february 2014 on establishing the european regulators group for audiovisual media services .


### this directive is without prejudice to the ability of member states to impose obligations to ensure discoverability and accessibility of content of general interest under defined general interest objectives such as media pluralism , freedom of speech and cultural diversity . such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by member states in conformity with union law . in this respect , member states should in particular examine the need for regulatory intervention against the results of the outcome of market forces . where member states decide to impose discoverability rules , they should only impose proportionate obligations on undertakings , in the interest of legitimate public policy considerations . ### this directive is without prejudice to the ability of member states to impose obligations to ensure access to and appropriate prominence of content of general interest under defined general interest objectives . such obligations should be proportionate and meet general interest objectives , such as media pluralism , freedom of speech , cultural and regional diversity , as well as language preservation , clearly defined by member states in conformity with union law .


### this directive respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union . in particular , this directive seeks to ensure full respect for the right to freedom of expression , the freedom to conduct a business , the right to judicial review and to promote the application of the rights of the child enshrined in the charter of fundamental rights of the european union . ### this directive respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union . in particular , this directive seeks to ensure full respect for the right to freedom of expression , the freedom to conduct a business , the right to judicial review and to promote the application of the rights of the child and the right to non - discrimination enshrined in the charter of fundamental rights of the european union .


### this directive respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union . in particular , this directive seeks to ensure full respect for the right to freedom of expression , the freedom to conduct a business , the right to judicial review and to promote the application of the rights of the child enshrined in the charter of fundamental rights of the european union . ### member states , when implementing this directive , are under the obligation to respect fundamental rights and observe the principles recognised in particular by the charter of fundamental rights of the european union . in particular , member states should ensure that no measure adopted for the transposition of this directive directly or indirectly undermines the right to freedom of expression , the freedom to conduct a business , the right to judicial review and to promote the application of the rights of the child enshrined in the charter of fundamental rights of the european union .


### a service as defined by articles 56 and 57 of the treaty on the functioning of the european union , where the principal purpose of the service or a dissociable section thereof is devoted to providing programmes , under the editorial responsibility of a media service provider , in order to inform , entertain or educate , to the general public by electronic communications networks within the meaning of point of article 2 of directive 2002 / 21 / ec . such an audiovisual media service is either a television broadcast as defined in point of this paragraph or an on - demand audiovisual media service as defined in point of this paragraph ; ; ### a service as defined by articles 56 and 57 of the treaty on the functioning of the european union , where the principal purpose of the service is the provision of programmes , under the editorial responsibility of a media service provider , in order to inform , entertain or educate , to the general public by electronic communications networks within the meaning of point of article 2 of directive 2002 / 21 / ec . such an audiovisual media service is either a television broadcast as defined in point of this paragraph or an on - demand audiovisual media service as defined in point of this paragraph ;


### ' video - sharing platform service ' means a service , as defined by articles 56 and 57 of the treaty on the functioning of the european union , which meets the following requirements : ### ' video - sharing platform service ' means a service , as defined by articles 56 and 57 of the treaty on the functioning of the european union , which meets the following cumulative requirements :


### the organisation of the stored content is determined by the provider of the service including by automatic means or algorithms , in particular by hosting , displaying , tagging and sequencing ; ### the active organisation of the stored content allows it to have knowledge or control of the data stored ;


### the principal purpose of the service or a dissociable section thereof is devoted to providing programmes and user - generated videos to the general public , in order to inform , entertain or educate ; ### the principal purpose of the service or a service which is a dissociable section of another service is devoted to providing programmes and user - generated videos to the general public , in order to inform , entertain or educate ; and


### ‘ programme’ means a set of moving images with or without sound constituting an individual item within a schedule or a catalogue established by a media service provider , including feature - length films , videos of short duration , sports events , situation comedies , documentaries , children’s programmes and original drama ; ' ; ### ‘ programme’ means a set of moving images with or without sound constituting an individual item within a schedule or a catalogue established by a media service provider , including feature - length films , videos of short duration , sports events , situation comedies , documentaries , children’s programmes , entertainment and reality programmes , and original drama ;


### member states may provisionally derogate from paragraph 1 if an audiovisual media service provided by a media service provider under the jurisdiction of another member state : ### member states may provisionally derogate from paragraph 1 , without prejudice to the communicative freedoms , if an audiovisual media service provided by a media service provider under the jurisdiction of another member state :


### member states may , in urgent cases , derogate from the conditions laid down in points and of paragraph 3 . where this is the case , the measures shall be notified in the shortest possible time to the commission and to the member state which has jurisdiction over the media service provider , setting out the reasons for which the member state considers that there is such urgency that derogating from those conditions is necessary . ### member states may , in urgent cases , derogate from the conditions laid down in points and of paragraph 3 . where this is the case , the measures shall be notified within one month after their adoption to the commission and to the member state which has jurisdiction over the media service provider , setting out the reasons for which the member state considers that there is such urgency that derogating from those conditions is necessary .


### the commission shall decide within 3 months following the notification provided for in point of paragraph 4 . that period shall begin on the day following the receipt of a complete notification . the notification shall be considered as complete if , within 3 months from its receipt , or from the receipt of any additional information requested , the commission does not request any further information . ### the commission shall decide within 1 month following the electronic notification provided for in point of paragraph 4 . that period shall begin on the day following the receipt of a complete notification . the notification shall be considered as complete if , within 2 weeks from its receipt , or from the receipt of any additional information requested , the commission does not request any further information .


### member states shall ensure by appropriate means that audiovisual media services provided by media service providers under their jurisdiction do not contain any incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . ; ### ' member states shall ensure by appropriate means that audiovisual media services provided by media service providers under their jurisdiction do not contain any incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , racial or ethnic origin , religion or belief , disability , age , or sexual orientation or gender identity . ' ;


### in article 10 , point is replaced by the following : ### article 10 is deleted


### article 9 is amended as follows : ### article 9 is deleted .


### member states may require providers of on - demand audiovisual media services under their jurisdiction to contribute financially to the production of european works , including via direct investment in content and contributions to national funds . member states may require providers of on - demand audiovisual media services , targeting audiences in their territories , but established in other member states to make such financial contributions . in this case , the financial contribution shall be based only on the revenues earned in the targeted member states . if the member state where the provider is established imposes a financial contribution , it shall take into account any financial contributions imposed by targeted member states . any financial contribution shall comply with union law , in particular with state aid rules . ### member states may require providers of on - demand audiovisual media services under their jurisdiction to contribute financially to the production of european works , including via direct investment in content and contributions to national funds . furthermore , those service providers must take into account the cultural and linguistic diversity of the territory in which they provide their service , or at which their service is aimed . member states may require providers of on - demand audiovisual media services , targeting audiences in their territories , but established in other member states to make such financial contributions . in this case , the financial contribution shall be based only on the revenues earned in the targeted member states . if the member state where the provider is established imposes a financial contribution , it shall take into account any financial contributions imposed by targeted member states . any financial contribution shall comply with union law , in particular with state aid rules .


### the 2 140 customs offices17 that are present over the external borders of the european union need to be properly equipped to ensure the operation of the customs union . the need for adequate and equivalent customs controls is ever more pressing not only by reason of the traditional function of customs to collect revenue but also increasingly by the necessity to significantly reinforce the control of goods entering and exiting union ' s external borders in order to ensure both safety and security . however , at the same time , those controls on the movement of goods across the external borders should not impair but rather facilitate legitimate trade with third countries . _________________ 17 annex of the annual 2016 report of the customs union performance available on : https : / / ec . europa . eu / info / publications / annual - activity - report - 2016 - taxation - and - customs - union_en . ### all customs offices17 that are present over the external borders of the european union need to be properly equipped to ensure smooth and effective&#160 ; operation of the customs union . the need for adequate and equivalent customs controls is ever more pressing not only by reason of the traditional function of customs to collect revenue but also increasingly by the necessity to significantly reinforce the control of goods entering and exiting union ' s external borders in order to ensure safety , security and protection of the financial interests of the union . however , at the same time , those controls on the movement of goods across the external borders should not impair but rather facilitate legitimate trade with third countries . _________________ 17 annex of the annual 2016 report of the customs union performance available on : https : / / ec . europa . eu / info / publications / annual - activity - report - 2016 - taxation - and - customs - union_en .


### member states have repeatedly expressed the need for financial support and requested an in - depth analysis of the equipment needed . in its conclusions18 on customs funding on 23 march 2017 , the council invited the commission to ' evaluate the possibility of funding technical equipment needs from future commission financial programmes and improve coordination and cooperation between customs authorities and other law enforcement authorities for funding purposes ' . ### a number of member states have repeatedly expressed the need for financial support and requested an in - depth analysis of the equipment needed . in its conclusions18 on customs funding on 23 march 2017 , the council invited the commission to ' evaluate the possibility of funding technical equipment needs from future commission financial programmes and improve coordination and cooperation between customs authorities and other law enforcement authorities for funding purposes ' .


### it is therefore opportune to establish a new instrument for financial support for customs control equipment . ### it is therefore opportune to establish a new instrument for financial support for customs control equipment . already existing formulas of financial support should be considered .


### as customs authorities of the member states have been taking up an increasing number of responsibilities , which often extend to the field of security and take place at the external border , ensuring equivalence in carrying out border control and customs control at the external borders needs to be addressed by providing adequate union financial support to the member states . it is equally important to promote inter - agency cooperation at union borders as regards controls of goods and controls of persons among the national authorities in each member state that are responsible for border control or for other tasks carried out at the border . ### as customs authorities of the member states have been taking up an increasing number of responsibilities , which often extend to the field of security and take place at the external border , ensuring equivalence in carrying out border control and customs control at the external borders needs to be addressed by providing adequate union financial support to the member states . it is equally important to promote inter - agency cooperation , including on cybersecurity , at union borders as regards controls of goods and controls of persons among the national authorities in each member state that are responsible for border control or for other tasks carried out at the border .


### this regulation lays down a financial envelope for the instrument , which is to constitute the prime reference amount , within the meaning of point 17 of the interinstitutional agreement of 2 december 2013 between the european parliament , the council and the commission on budgetary discipline , on cooperation in budgetary matters and on sound financial management21 , for the european parliament and the council during the annual budgetary procedure . ### this regulation lays down a financial envelope for the instrument , which is to constitute the prime reference amount , within the meaning of point 17 of the interinstitutional agreement of 2 december 2013 between the european parliament , the council and the commission on budgetary discipline , on cooperation in budgetary matters and on sound financial management21 , for the european parliament and the council during the annual budgetary procedure . to secure budgetary discipline , the conditions for how the grants will be prioritized should be clear , defined and based on identified needs for the tasks performed by customs points .


### most customs control equipment may be equally or incidentally fit for controls of compliance with other legislation , such as provisions on border management , visa or police cooperation . the integrated border management fund has therefore been conceived as two complementary instruments with distinct but coherent scopes for the purchase of equipment . on the one hand , the instrument for border management and visa established by regulation [ 2018 / xxx ] 25 will exclude equipment that can be used for both border management and customs control . on the other hand , the instrument for financial support for customs control equipment established by this regulation will not only support financially equipment with customs controls as the main purpose but will also allow its use as well for additional purposes such as border controls and security . this distribution of roles will foster inter - agency cooperation as a component of the european integrated border management approach , as referred to in article 4 of regulation 2016 / 162426 , thereby enabling customs and border authorities to work together and maximising the impact of the union budget through co - sharing and inter - operability of control equipment . ### most customs control equipment may be equally or incidentally fit for controls of compliance with other legislation , such as provisions on border management , visa or police cooperation . the integrated border management fund has therefore been conceived as two complementary instruments with distinct but coherent scopes for the purchase of equipment . on the one hand , the instrument for border management and visa established by regulation [ 2018 / xxx ] 25 will exclude equipment that can be used for both border management and customs control . on the other hand , the instrument for financial support for customs control equipment established by this regulation will not only support financially equipment with customs controls as the main purpose but will also allow its use as well for additional purposes such as border controls and security . this distribution of roles will foster inter - agency cooperation as a component of the european integrated border management approach , as referred to in article 4 of regulation 2016 / 162426 , thereby enabling customs and border authorities to work together and maximising the impact of the union budget through co - sharing and inter - operability of control equipment . to ensure that any instrument or equipment financed by the fund is in permanent custody of the designated customs point that owns the equipment , a clear definition of co - sharing and interoperability between customs and border authorities shall be prepared .


### by way of derogation from the financial regulation , funding of an action by several union programmes or instruments should be possible in order to allow and support , where appropriate , cooperation and interoperability across domains . however , in such cases , the contributions may not cover the same costs in accordance with the principle of prohibition of double funding established by the financial regulation . ### by way of derogation from the financial regulation , funding of an action by several union programmes or instruments should be possible in order to allow and support , where appropriate , cooperation and interoperability across domains . however , in such cases , the contributions may not cover the same costs in accordance with the principle of prohibition of double funding established by the financial regulation . if a member state has already been awarded or has received contributions from another union programme or support from an eu fund for the acquisition of the same equipment , that contribution or support shall be listed in the application .


### although central implementation is indispensable in order to achieve the specific objective of ensuring equivalent customs controls , given the technical nature of this instrument , preparatory work is required at technical level . therefore , implementation should be supported by assessments of needs that are dependent on national expertise and experience through the involvement of customs administrations of the member states . those assessments of needs should be based on a clear methodology including a minimum number of steps ensuring the collection of the required information . ### although central implementation is indispensable in order to achieve the specific objective of ensuring equivalent customs controls , given the technical nature of this instrument , preparatory work is required at technical level . therefore , implementation should be supported by assessments of needs that are dependent on national expertise and experience through the involvement of customs administrations of the member states . those assessments of needs should be based on a clear methodology including a minimum number of steps ensuring the collection of the required information . when the customs administrations and customs points of the member states are requested to assist with assessment it should be considered that digitalization requirements already are imposing an increasing amount of work for these administrations .


### the instrument has the specific objective of contributing to adequate and equivalent customs controls through the purchase , maintenance and upgrade of relevant , state - of - the - art and reliable customs control equipment . ### the instrument has the specific objective of contributing to adequate and equivalent customs controls through the purchase , maintenance and upgrade of relevant , state - of - the - art and reliable customs control equipment . an additional objective is to improve equivalence in the performances of customs controls throughout member states to avoid the diversion of goods towards weaker points in the eu .


### the amount referred to in paragraph 1 may also cover expenses for preparation , monitoring , control , audit , evaluation and other activities for managing the instrument and evaluating the achievement of its objectives . it may moreover cover expenses relating to the studies , meetings of experts , information and communication actions , in so far as they are related to the objectives of the instrument , as well as expenses linked to information technology networks focusing on information processing and exchange , including corporate information technology tools and other technical and administrative assistance needed in connection with the management of the instrument . ### the amount referred to in paragraph 1 may also cover legitimate and verified expenses for preparation , monitoring , control , audit , evaluation and other activities for managing the instrument and evaluating its performance and the achievement of its objectives . it may moreover cover likewise legitimate and verified expenses relating to the studies , meetings of experts , information and communication actions , in so far as they are related to the objectives of the instrument , as well as expenses linked to information technology networks focusing on information processing and exchange , including corporate information technology tools and other technical and administrative assistance needed in connection with the management of the instrument .


### the preparation of the work programmes referred to in paragraph 1 shall be supported by an assessment of needs , which shall consist of the following at a minimum : ### the preparation of the work programmes referred to in paragraph 1 shall be supported by an assessment of needs , which shall consist of the following :


### a detailed estimate of financial needs . ### a detailed estimate of financial needs depending on the size of customs operations and the relative workload .


### indicators to report on progress of the instrument towards the achievement of the general and specific objectives set out in article 3 are set out in annex 2 . ### on compliance with its reporting requirement pursuant to article 38 of the financial regulation , the commission shall present to the european parliament and the council information on performance of the programme . reporting on performance shall include information on both progress and shortfalls .


### to ensure effective assessment of progress of the instrument towards the achievement of its objectives , the commission is empowered to adopt delegated acts in accordance with article 14 to amend annex 2 to review or complement the indicators where considered necessary and to supplement this regulation with provisions on the establishment of a monitoring and evaluation framework . ### indicators to report on progress of the instrument towards the achievement of the general and specific objectives set out in article 3 are set out in annex 2 . to ensure effective assessment of progress of the instrument towards the achievement of its objectives , the commission is empowered to adopt delegated acts in accordance with article 14 to amend annex 2 to review or complement the indicators where considered necessary and to supplement this regulation with provisions on the establishment of a monitoring and evaluation framework in order to provide the european parliament and the council with updated qualitative as well as quantitative information on performance of the programme .


### the performance reporting system shall ensure that data for monitoring the implementation and results of the instrument are collected efficiently , effectively , and in a timely manner . to that end , proportionate reporting requirements shall be imposed on recipients of union funds . ### the performance reporting system shall ensure that data for monitoring the implementation and results of the instrument are comparable and complete as well as collected efficiently , effectively , and in a timely manner . to that end , proportionate reporting requirements shall be imposed on recipients of union funds . the commission shall provide the european parliament and the council with reliable information on the quality of the performance data used .


### as a global ocean actor and the world ' s fifth largest producer of seafood , the union has a strong responsibility to protect , conserve and sustainably use the oceans and their resources . preserving seas and oceans is indeed vital for a rapidly growing world population . it is also of socio - economic interest for the union : a sustainable blue economy boosts investments , jobs and growth , fosters research and innovation and contributes to energy security through ocean energy . moreover , safe and secure seas and oceans are essential for an efficient border control and for the global fight against maritime crime , thereby addressing citizens ' security concerns . ### as a global ocean actor and the world ' s fifth largest producer of seafood , the union has a strong responsibility to protect , conserve and sustainably use the seas , oceans and their resources . preserving seas and oceans is indeed vital for a rapidly growing world population . it is also of socio - economic interest for the union : a sustainable blue economy boosts investments , jobs and growth , fosters research and innovation and contributes to energy security through sea and ocean energy . moreover , safe and secure seas and oceans are essential for an efficient border control and for the global fight against maritime crime , thereby addressing citizens ' security concerns .


### fisheries are vital to the livelihood and cultural heritage of many coastal communities in the union , in particular where small - scale coastal fishing plays an important role . with the average age in many fishing communities being over 50 , generational renewal and diversification of activities remain a challenge . ### fisheries are vital to the livelihood , tradition and cultural heritage of many coastal communities in the union , in particular where small - scale coastal fishing plays an important role . with the average age in many fishing communities being over 50 , generational renewal and diversification of activities remain a challenge .


### it should be possible for the emff to support innovation and investments on board fishing vessels in order to improve health , safety and working conditions , energy efficiency and the quality of catches . such support should , however , not lead to an increase of fishing capacity or ability to find fish and should not be granted simply for complying with requirements that are obligatory under union or national law . under the architecture with no prescriptive measures , it should be up to member states to define the precise eligibility rules for those investments . with regard to health , safety and working conditions on board fishing vessels , a higher aid intensity rate than the one that applies to other operations should be allowed . ### it should be possible for the emff to support innovation and investments on board fishing vessels in order to improve health , safety and working conditions , environmental protection , energy efficiency and the quality of catches . such support should , however , not lead to an increase of fishing capacity or ability to find fish and should not be granted simply for complying with requirements that are obligatory under union or national law . under the architecture with no prescriptive measures , it should be up to member states to define the precise eligibility rules for those investments . with regard to health , safety and working conditions on board fishing vessels , a higher aid intensity rate than the one that applies to other operations should be allowed .


### the success of the cfp is dependent on the availability of scientific advice for the management of fisheries , and hence on the availability of data on fisheries . in the light of the challenges and costs to obtain reliable and complete data , it is necessary to support member states ' actions to collect and process data in line with regulation no 2017 / 1004 of the european parliament and of the council 9and to contribute to the best available scientific advice . this support should allow synergies with the collection and processing of other types of marine data . _________________ 9 regulation 2017 / 1004 of the european parliament and of the council of 17 may 2017 on the establishment of a union framework for the collection , management and use of data in the fisheries sector and support for scientific advice regarding the common fisheries policy and repealing council regulation no 199 / 2008 . ### the success of the cfp is dependent on the availability of scientific advice for the management of fisheries , and hence on the availability of data on fisheries . in the light of the challenges and costs to obtain reliable and complete data , it is necessary to support member states ' actions to collect , process and exchange data in line with regulation no 2017 / 1004 of the european parliament and of the council 9 and to contribute to the best available scientific advice . this support should allow synergies with the collection , processing and exchange of other types of marine data . _________________ 9 regulation 2017 / 1004 of the european parliament and of the council of 17 may 2017 on the establishment of a union framework for the collection , management and use of data in the fisheries sector and support for scientific advice regarding the common fisheries policy and repealing council regulation no 199 / 2008 .


### given the challenges to achieve the conservation objectives of the cfp , it should be possible for the emff to support actions for the management of fisheries and fishing fleets . in this context , support for fleet adaptation remains sometimes necessary with regard to certain fleet segments and sea basins . such support should be tightly targeted to the conservation and sustainable exploitation of marine biological resources and aimed to achieve balance between the fishing capacity and the available fishing opportunities . therefore , it should be possible for the emff to support the permanent cessation of fishing activities in fleet segments where the fishing capacity is not balanced with the available fishing opportunities . such support should be a tool of the action plans for the adjustment of fleet segments with identified structural overcapacity , as provided for in article 22 of regulation no 1380 / 2013 , and should be implemented either through the scrapping of the fishing vessel or through its decommissioning and retrofitting for other activities . where the retrofitting would lead to an increased pressure of recreational fishing on the marine ecosystem , support should only be granted if in line with the cfp and the objectives of the relevant multiannual plans . in order to ensure the consistency of fleet structural adaptation with conservation objectives , support for the permanent cessation of fishing activities should be strictly conditional and linked to the achievement of results . it should therefore be implemented only by financing not linked to costs , as provided for in regulation no [ regulation laying down common provisions ] . under that mechanism , member states should not be reimbursed by the commission for permanent cessation of fishing activities on the basis of real costs incurred but on the basis of the fulfilment of conditions and of the achievement of results . for this purpose , the commission should establish in a delegated act such conditions , which should relate to the achievement of the conservation objectives of the cfp . ### given the challenges to achieve the conservation objectives of the cfp , it should be possible for the emff to support actions for the management of fisheries and fishing fleets . in this context , support for fleet adaptation remains sometimes necessary with regard to certain fleet segments and sea basins . such support should be tightly targeted to the conservation and sustainable exploitation of marine biological resources and aimed to achieve balance between the fishing capacity and the available fishing resources . therefore , it should be possible for the emff to support the permanent cessation of fishing activities in fleet segments where the fishing capacity is not balanced with the available fishing resources . such support should be a tool of the action plans for the adjustment of fleet segments with identified structural overcapacity , as provided for in article 22 of regulation no 1380 / 2013 , and should be implemented either through the scrapping of the fishing vessel or through its decommissioning and retrofitting for other activities . where the retrofitting would lead to an increased pressure of recreational fishing on the marine ecosystem , support should only be granted if in line with the cfp and the objectives of the relevant multiannual plans . in order to ensure the consistency of fleet structural adaptation with conservation objectives , support for the permanent cessation of fishing activities should be strictly conditional and linked to the achievement of results . it should therefore be implemented only by financing not linked to costs , as provided for in regulation no [ regulation laying down common provisions ] . under that mechanism , member states should not be reimbursed by the commission for permanent cessation of fishing activities on the basis of real costs incurred but on the basis of the fulfilment of conditions and of the achievement of results . for this purpose , the commission should establish in a delegated act such conditions , which should relate to the achievement of the conservation objectives of the cfp .