### the commission and the member states shall cooperate in ensuring coherence and shall strive to avoid duplication between assistance provided under ipa iii and other assistance provided by the union , the member states and the european investment bank , in line with the established principles for strengthening operational coordination in the field of external assistance , and for the harmonisation of policies and procedures , in particular the international principles on development effectiveness . 35 coordination shall involve regular consultations , frequent exchanges of information during the different phases of the assistance cycle and inclusive meetings aimed at coordinating the assistance and shall constitute a key step in the programming processes of the union and the member states . _________________ 35 https : / / ec . europa . eu / europeaid / policies / eu - approach - aid - effectiveness_en ### the commission and the member states shall cooperate in ensuring coherence and shall avoid duplication between assistance provided under ipa iii and other assistance provided by the union , the member states and the european investment bank , in line with the established principles for strengthening operational coordination in the field of external assistance , and for the harmonisation of policies and procedures , in particular the international principles on development effectiveness . 35 coordination shall involve regular consultations , frequent exchanges of information during the different phases of the assistance cycle and inclusive meetings aimed at coordinating the assistance and shall constitute a key step in the programming processes of the union and the member states . _________________ 35 https : / / ec . europa . eu / europeaid / policies / eu - approach - aid - effectiveness_en


### assistance should also be provided in compliance with the agreements concluded by the union with the beneficiaries listed in annex i . assistance should mainly focus on assisting the beneficiaries listed in annex i to strengthen democratic institutions and the rule of law , reform the judiciary and public administration , respect fundamental rights and promote gender equality , tolerance , social inclusion and non - discrimination . assistance should also support the key principles and rights as defined in the european pillar of social rights . 17 assistance should continue to support their efforts to advance regional , macro - regional and cross - border cooperation as well as territorial development , including through implementation of union macro - regional strategies . it should also enhance their economic and social development and economic governance , underpinning a smart , sustainable and inclusive growth agenda , including through implementation of regional development , agriculture and rural development , social and employment policies and the development of the digital economy and society , also in line with the flagship initiative digital agenda for the western balkans . _________________ 17 european pillar of social rights solemnly proclaimed by the european parliament , the council and the commission at the gothenburg social summit for fair jobs and growth , gothenburg 17 november 2017 . ### assistance should also be provided in compliance with the international agreements concluded by the union , including with the beneficiaries listed in annex i . assistance should mainly focus on assisting the beneficiaries listed in annex i to strengthen democratic institutions and the rule of law , reform the judiciary and public administration , respect fundamental rights , including those of minorities and promote gender equality , tolerance , social inclusion and non - discrimination . assistance should also support the key principles and rights as defined in the european pillar of social rights . 17 assistance should continue to support their efforts to advance regional , macro - regional and cross - border cooperation as well as territorial development , including through implementation of union macro - regional strategies . it should also enhance their economic and social development and economic governance , underpinning a smart , sustainable and inclusive growth agenda , including through implementation of regional development , agriculture and rural development , social and employment policies and the development of the digital economy and society , also in line with the flagship initiative digital agenda for the western balkans . _________________ 17 european pillar of social rights solemnly proclaimed by the european parliament , the council and the commission at the gothenburg social summit for fair jobs and growth , gothenburg 17 november 2017 .


### assistance under ipa iii shall be based on an ipa programming framework for the delivery of the specific objectives referred to in article 3 . the ipa programming framework shall be established by the commission for the duration of the union ' s multiannual financial framework . ### assistance under ipa iii shall be based on an ipa programming framework for the delivery of the specific objectives referred to in article 3 . the ipa programming framework shall be established by the commission&#160 ; after consultation with the european parliament&#160 ; for the duration of the union ' s multiannual financial framework .


### to strengthen the rule of law , democracy , the respect of human rights , fundamental rights and international law , civil society and security as well as improve migration management including border management ; ### to strengthen the rule of law , democracy , the respect of human rights , including the rights of persons belonging to minorities , gender equality , fundamental rights and international law civil society , peace and security , the respect for cultural diversity , non - discrimination and tolerance as well as improve migration management including border management


### the commission and the member states should ensure compliance , coherence , and complementarity of their assistance , in particular through regular consultations and frequent exchanges of information during the different phases of the assistance cycle . the necessary steps should also be taken to ensure better coordination and complementarity , including through regular consultations , with other donors . the role of civil society should be enhanced both in programmes implemented through government bodies and as a direct beneficiary of union assistance . ### the commission and the member states should ensure compliance , coherence , consistency and complementarity of their assistance , in particular through regular consultations and frequent exchanges of information during the different phases of the assistance cycle . the necessary steps should also be taken to ensure better coordination and complementarity , including through regular consultations , with other donors . the role of diverse independent civil society organisations and different types and levels of local authorities should be adequately enhanced both in programmes implemented through government bodies and as a direct beneficiary of union assistance .


### to strengthen economic and social development including through increased connectivity and regional development , agriculture and rural development and social and employment policies , to reinforce environmental protection , increase resilience to climate change , accelerate the shift towards a low - carbon economy and develop the digital economy and society . ### to strengthen economic and social development and cohesion based on the relevant policies and practices of the european union , supporting beneficiaries’ preparations for participation in eu cohesion policy upon accession , including through multi - annual operational programmes aimed at increased connectivity and regional development , agriculture and rural development and social and employment policies , to reinforce environmental protection , increase resilience to climate change , accelerate the shift towards a low - carbon economy and develop the digital economy and society , and create conditions for the development of entrepreneurship .


### strengthening access to and quality of education , training and lifelong learning at all levels , and offering support to cultural and creative sectors . interventions in this area shall aim at : promoting equal access to quality early - childhood education and care , primary and secondary education , improving the provision of basic skills ; increasing educational attainment levels , reducing early school - leaving and reinforcing teachers’ training . developing vocational education and training systems and promoting work - based learning systems to facilitate the transition to the labour market ; improving the quality and relevance of higher education ; encouraging alumni related activities ; enhancing access to lifelong learning and supporting investment in education and training infrastructure particularly with a view to reducing territorial disparities and fostering non - segregated education and including through the use of digital technologies . ### strengthening access to and quality of education , training and lifelong learning at all levels , and offering support to digital , cultural and creative sectors . interventions in this area shall aim at : promoting equal access to quality early - childhood education and care , primary and secondary education , improving the provision of basic skills ; increasing educational attainment levels , reducing early school - leaving and reinforcing teachers’ training . developing vocational education and training systems and promoting work - based learning systems to facilitate the transition to the labour market ; improving the quality and relevance of higher education ; encouraging alumni related activities ; enhancing access to lifelong learning and supporting investment in education and training infrastructure particularly with a view to reducing territorial disparities and fostering non - segregated education and including through the use of digital technologies .


### fostering quality employment and access to the labour market . interventions in this area shall aim at : tackling high unemployment and inactivity by supporting sustainable labour market integration in particular of young people ) , women , long - term unemployed and all under - represented groups . measures shall stimulate quality job creation and support the effective enforcement of labour rules and standards across the entire territory . other key areas of intervention shall be to support gender equality , promoting employability and productivity , the adaptation of workers and enterprises to change , the establishment of a sustainable social dialogue and the modernisation and strengthening of labour market institutions such as public employment services and labour inspectorates . ### fostering quality employment and access to the labour market . interventions in this area shall aim at : tackling high unemployment and inactivity by supporting sustainable labour market integration in particular of young people ) , women , long - term unemployed and all under - represented groups . measures shall stimulate quality job creation and support the effective enforcement of labour rules and standards across the entire territory . other key areas of intervention shall be to support the promotion of entrepreneurship and self - employment , gender equality , promoting employability and productivity , the adaptation of workers and enterprises to change , the establishment of a sustainable social dialogue and the modernisation and strengthening of labour market institutions such as public employment services and labour inspectorates .


### the amount referred to in paragraph 1 may be used for technical and administrative assistance for the implementation of the programme , such as preparatory , monitoring , control , audit and evaluation activities including corporate information technology systems and any activities related to the preparation of the successor programme for pre - accession assistance , in accordance with article 20 of [ ndici regulation ] . ### a set percentage of the amount referred to in paragraph 1 shall be used for technical and administrative assistance for the implementation of the programme , which shall also include preparatory , monitoring , control , audit and evaluation activities including corporate information technology systems and any activities related to the preparation of the successor programme for pre - accession assistance , in accordance with article 20 of [ ndici regulation ] .


### external actions are often implemented in a highly volatile environment requiring a continuous and rapid adaptation to the evolving needs of union partners and to global challenges such as human rights , democracy and good governance , security and stability , climate change and environment and irregular migration and its root causes . reconciling the principle of predictability with the need to react rapidly to new needs consequently means adapting the financial implementation of the programmes . to increase the ability of the union to respond to unforeseen needs , while respecting the principle that the union budget is set annually , this regulation should preserve the possibility to apply the flexibilities already allowed by the financial regulation for other policies , namely carry - overs and re - commitments of committed funds , to ensure an efficient use of the eu funds both for the eu citizens and the beneficiaries listed in annex i , thus maximising the eu funds available for the eu external action interventions . ### external actions are often implemented in a highly volatile environment requiring a continuous and rapid adaptation to the evolving needs of union partners and to global challenges such as human rights , democracy and good governance , security and stability , climate change and environment , natural disasters , and irregular migration and its root causes . reconciling the principle of predictability with the need to react rapidly to new needs consequently means adapting the financial implementation of the programmes . to increase the ability of the union to respond to unforeseen needs , while respecting the principle that the union budget is set annually , this regulation should preserve the possibility to apply the flexibilities already allowed by the financial regulation for other policies , namely carry - overs and re - commitments of committed funds , to ensure an efficient use of the eu funds both for the eu citizens and the beneficiaries listed in annex i , thus maximising the eu funds available for the eu external action interventions .


### to shape the rules , standards , policies and practices of the beneficiaries listed in annex i in alignment to those of the union and to reinforce reconciliation and good neighbourly relations , as well as people to people contacts and communication ; ### to shape the rules , standards , policies and practices of the beneficiaries listed in annex i in alignment to those of the union , including on the common foreign and security policy and the defending of multilateralism and to reinforce reconciliation and good neighbourly relations , as well as people to people contacts and communication ;


### programmes and actions under this regulation shall mainstream climate change , environmental protection and gender equality and shall , where applicable , address interlinkages between sustainable development goals34 , to promote integrated actions that can create co - benefits and meet multiple objectives in a coherent way . _________________ 34 https : / / ec . europa . eu / europeaid / policies / sustainable - development - goals_en ### programmes and actions under this regulation shall mainstream climate change , environmental protection , conflict prevention and gender equality , reducing poverty , regional imbalances and social exclusion and shall , where applicable , address interlinkages between sustainable development goals34 , to promote integrated actions that can create co - benefits and meet multiple objectives in a coherent way . _________________ 34 https : / / ec . europa . eu / europeaid / policies / sustainable - development - goals_en


### the objectives of an instrument for pre - accession are substantially distinct from the general objectives of union external action as this instrument aims to prepare the beneficiaries listed in annex i for future membership of the union and support their accession process . it is therefore essential to have a dedicated instrument in support of enlargement , while ensuring its complementarity with the general objectives of union external action and in particular with the neighbourhood , development and international cooperation instrument . ### the objectives of an instrument for pre - accession are to prepare the beneficiaries listed in annex i for future membership of the union and support their accession process while always taking into account the general objectives of union external action , including respect for fundamental rights and principles as well as the protection and promotion of human rights , democracy and the rule of law as laid down in article 21 of the treaty on european union . while the distinct nature of the accession process warrants a dedicated instrument in support of enlargement , the objectives and functioning of this instrument shall be in coherence with and complementary to the general objectives of union external action and in particular with the neighbourhood , development and international cooperation instrument .


### contributing to the security and safety of food supply and the maintenance of diversified and viable farming systems in vibrant rural communities and the countryside . ### contributing to the security and safety of food and water supply and the maintenance of diversified and viable farming systems in vibrant rural communities and the countryside .


### the priorities for action towards meeting objectives in the relevant policy areas which will be supported under this regulation should be defined in a programming framework established by the commission for the duration of the union multiannual financial framework for the period from 2021 to 2027 in partnership with the beneficiaries listed in annex i , based on the enlargement agenda and their specific needs , in line with the general and specific objectives defined by this regulation and taking relevant national strategies into due account . the programming framework should identify the areas to be supported through assistance with an indicative allocation per area of support , including an estimate of climate - related expenditure . ### specific and measurable objectives in the relevant policy areas should be defined for each beneficiary , followed up by priorities for action towards meeting these objectives in a programming framework established by the commission by means of a delegated act . the programming framework should be established in partnership with the beneficiaries listed in annex i , based on the enlargement agenda and their specific needs , in line with the general and specific objectives defined by this regulation , the principles of union external action , taking relevant national strategies , european parliament resolutions , delegations and monitoring groups into due account . the programming framework should be reviewed and , where needed , adjusted in the mid - term period of the union multiannual financial framework for the period from 2021 to 2027 . the programming framework should identify the areas to be supported through assistance with an indicative allocation per area of support , including an estimate of climate - related expenditure .


### in accordance with the principle of participatory democracy , parliamentary oversight in each beneficiary listed in annex i should be encouraged by the commission . ### in accordance with the principle of participatory democracy , the strengthening of parliamentary capacities and parliamentary oversight in each of the beneficiaries should be promoted by the commission .


### strengthening the rule of law , including the fight against corruption and organised crime , and good governance , including public administration reform , remain key challenges in most of the beneficiaries listed in annex i and are essential in order for beneficiaries to come closer to the union and later to fully assume the obligations of union membership . in view of the longer - term nature of the reforms pursued in those areas and the need to build up track records , financial assistance under this regulation should address the requirements placed on the beneficiaries listed in annex i as early as possible . ### strengthening the rule of law , including the independence of the judiciary , fight against corruption and organised crime , and good governance , including public administration reform , remain key challenges in most of the beneficiaries listed in annex i and are essential in order for beneficiaries to come closer to the union and later to fully assume the obligations of union membership . in view of the longer - term nature of the reforms pursued in those areas and the need to build up track records , financial assistance under this regulation should be programmed to address these issues as early as possible .


### it is essential to further step up cooperation on migration including border management , ensuring access to international protection , sharing relevant information , strengthening the development benefits of migration , facilitating legal and labour migration , enhancing border control and pursuing our effort in the fight against irregular migration , trafficking in human beings and migrant smuggling . ### it is essential to further step up cooperation on migration including border management , ensuring access to international protection , sharing relevant information , strengthening the development benefits of migration , facilitating legal and labour migration , enhancing border control , making humanitarian assistance available and pursuing our effort in the fight against irregular migration , trafficking in human beings , migrant smuggling and other forms of crime .


### programmes and actions under this regulation shall mainstream climate change , environmental protection and gender equality and shall , where applicable , address interlinkages between sustainable development goals34 , to promote integrated actions that can create co - benefits and meet multiple objectives in a coherent way . _________________ 34 https : / / ec . europa . eu / europeaid / policies / sustainable - development - goals_en ### programmes and actions under this regulation shall mainstream human rights , climate change , environmental protection and gender equality and shall , where applicable , address interlinkages between sustainable development goals34 , to promote integrated actions that can create co - benefits and meet multiple objectives in a coherent way . _________________ 34 https : / / ec . europa . eu / europeaid / policies / sustainable - development - goals_en


### strengthening economic governance : interventions shall aim at supporting participation in the economic reform programme process and systematic cooperation with international financial institutions on fundamentals of economic policy . enhancing the capacity to strengthen macroeconomic stability and supporting progress towards becoming a functioning market economy with the capacity to cope with competitive pressures and market forces within the union ; ### strengthening economic governance : interventions shall aim at supporting participation in the economic reform programme process and systematic cooperation with international financial institutions on fundamentals of economic policy and the promotion and protection of multilateral economic institutions . enhancing the capacity to strengthen macroeconomic stability and supporting progress towards becoming a functioning market economy with the capacity to cope with competitive pressures and market forces within the union ;


### the enlargement policy framework defined by the european council and the council , the agreements that establish a legally binding relationship with the beneficiaries listed in annex i , as well as relevant resolutions of the european parliament , communications of the commission or joint communications of the commission and the high representative of the union for foreign affairs and security policy , shall constitute the overall policy framework for the implementation of this regulation . the commission shall ensure coherence between the assistance and the enlargement policy framework . ### the enlargement policy framework defined by the european council and the council , the agreements that establish a legally binding relationship with the beneficiaries listed in annex i , as well as relevant resolutions of the european parliament , communications of the commission or joint communications of the commission and the high representative of the union for foreign affairs and security policy , shall constitute the overall policy framework for the implementation of this regulation . the enlargement policy framework shall be the basis on which assistance is provided .


### the commission and the member states should ensure compliance , coherence , and complementarity of their assistance , in particular through regular consultations and frequent exchanges of information during the different phases of the assistance cycle . the necessary steps should also be taken to ensure better coordination and complementarity , including through regular consultations , with other donors . the role of civil society should be enhanced both in programmes implemented through government bodies and as a direct beneficiary of union assistance . ### the commission and the member states should ensure compliance , coherence , and complementarity of their assistance , in particular through regular consultations and frequent exchanges of information during the different phases of the assistance cycle . the necessary steps should also be taken to ensure better coordination and complementarity , including through regular consultations , with other donors . in line with the principle of inclusive partnership as set out in regulation . . . / . . . [ ndici regulation ] and regulation . . . / . . . [ common provisions regulation ] , civil society organisations should be part of both the design , implementation , monitoring and evaluation of the programmes implemented through government bodies and be direct beneficiaries of union assistance .


### promoting employment , labour mobility and social and cultural inclusion across borders through , inter alia : integrating cross - border labour markets , including cross - border mobility ; joint local employment initiatives ; information and advisory services and joint training ; gender equality ; equal opportunities ; integration of immigrants ' communities and vulnerable groups ; investment in public employment services ; and supporting investment in public health and social services ; ### promoting employment , labour mobility and social and cultural inclusion across borders through , inter alia : integrating cross - border labour markets , including cross - border mobility ; joint local employment initiatives ; information and advisory services and joint training ; gender equality ; equal opportunities ; integration of immigrants ' communities and vulnerable groups ; investment in public employment services ; and supporting investment in public health and services as well as the transition from institutional to family - and community - based care ;


### it is essential to further step up cooperation on migration including border management , ensuring access to international protection , sharing relevant information , strengthening the development benefits of migration , facilitating legal and labour migration , enhancing border control and pursuing our effort in the fight against irregular migration , trafficking in human beings and migrant smuggling . ### cooperation on migration including border management , ensuring access to international protection , sharing relevant information , strengthening the development benefits of migration , facilitating legal and labour migration , enhancing border control and efforts to prevent and discourage irregular migration , the fight against trafficking in human beings and migrant smuggling are an important aspect of cooperation between the union and the beneficiaries listed in annex i .


### the enlargement policy of the union is an investment in peace , security and stability in europe . it provides increased economic and trade opportunities to the mutual benefit of the union and the aspiring member states . the prospect of union membership has a powerful transformative effect , embedding positive democratic , political , economic and societal change . ### enlargement policy of the union is an integral part of the union ' s external action and also contributes to peace , security and stability both within and outside the union ' s borders . it provides increased economic and trade opportunities to the mutual benefit of the union and the aspiring member states . the prospect of union membership has a powerful transformative effect , embedding positive democratic , political , economic and societal change .


### enhanced strategic and operational cooperation between the union and the beneficiaries listed in annex i on security is pivotal to addressing effectively and efficiently security and terrorism threats . ### enhanced strategic and operational cooperation between the union and the beneficiaries listed in annex i on security and defence issues is pivotal to addressing effectively and efficiently security and terrorism threats .


### strengthening the union and its partners ' capacity to prevent conflict , build peace and address pre - and post - crisis including through early warning and conflict - sensitive risk analysis ; promoting people to people networking , reconciliation , peace - building and confidence - building measures , supporting capacity building in support of security and development actions . ### strengthening the union and its partners ' capacity to prevent conflict , build peace and stability , and address pre - and post - crisis including through early warning and conflict - sensitive risk analysis ; promoting people to people networking , reconciliation and good neighbourly relations , peace - building and confidence - building measures , supporting capacity building in support of security and development actions ; contributing to the defence and cyber defence of the beneficiaries listed in annex i ; strengthening the capabilities of strategic communication to foster systematic uncovering of disinformation .


### strengthening the union and its partners ' capacity to prevent conflict , build peace and address pre - and post - crisis including through early warning and conflict - sensitive risk analysis ; promoting people to people networking , reconciliation , peace - building and confidence - building measures , supporting capacity building in support of security and development actions . ### strengthening the union and its partners ' capacity to prevent conflict , build peace and address pre - and post - crisis including through early warning and conflict - sensitive risk analysis ; promoting people to people networking , reconciliation , accountability , international justice , peace - building and confidence - building measures , supporting capacity building in support of security and development actions .


### where a terminal operator refuses a request for access , it shall indicate any viable alternatives . ### where a terminal operator refuses a request for access , it shall indicate any viable alternatives of which it is aware .


### terminal operators shall publish at least the following information in two or more official languages of the union : ### terminal operators shall publish , in their respective national language or languages and , upon request in english , at least the following information :


### authorisation for both national and international regular services should be subject to an authorisation procedure . authorisation should be granted , unless there are specific grounds for refusal attributable to the applicant , or the service would compromise the economic equilibrium of a public service contract . a distance threshold should be introduced to ensure that commercial regular service operations do not compromise the economic equilibrium of existing public service contracts . in the case of routes already served by more than one public service contract , it should be possible to increase that threshold . ### authorisation for both national and international regular services should be subject to an authorisation procedure . authorisation should be granted , unless there are specific grounds for refusal attributable to the applicant , or the service would conflict with the exclusive rights under an existing or planned public service contract .


### the authorising authority shall forward to the competent authorities of all member states in whose territories passengers are picked up or set down , as well as to the competent authorities of member states whose territories are crossed without passengers being picked up or set down , a copy of the application , together with copies of any other relevant documentation , and its assessment , for information . ### the authorising authority shall forward to the competent authorities of all member states in whose territories passengers are picked up or set down , as well as to the competent authorities of member states whose territories are crossed without passengers being picked up or set down , a copy of the application , together with copies of any other relevant documentation , and its assessment , within two weeks of receipt of the application , with a request for their agreement .


### the decision of the regulatory body on the appeal shall be binding . the regulatory body shall be able to enforce it by means of penalties which are effective , proportionate and dissuasive ### the decision of the national competent authority on the appeal shall be binding . the national competent authority shall be able to enforce it by means of penalties which are effective , proportionate and dissuasive


### commercial regular service operations should not compromise the economic equilibrium of existing public service contracts . for this reason , the regulatory body should be able to carry out an objective economic analysis to ensure that this is the case . ### commercial regular service operations should not compromise the economic equilibrium of existing public service contracts . for this reason , the regulatory body should be able to carry out an objective economic analysis and should have the authority , where appropriate , to propose the measures necessary to ensure that this is the case .


### to ensure a coherent framework for the inter - urban carriage of passengers by regular coach and bus services throughout the union , regulation no 1073 / 2009 should apply to all inter - urban carriage by regular services . the scope of that regulation should therefore be extended . ### to ensure a coherent legislation framework of the european union is paramount in order to prevent legal ambiguity . the scope of that regulation should therefore be consistent with the provisions of a regulation no1370 / 2007 .


### to ensure a coherent framework for the inter - urban carriage of passengers by regular coach and bus services throughout the union , regulation no 1073 / 2009 should apply to all inter - urban carriage by regular services . the scope of that regulation should therefore be extended . ### to ensure a coherent framework for the inter - urban carriage of passengers by regular coach and bus services throughout the union , regulation no 1073 / 2009 should apply to all inter - urban carriage by regular services . the scope of that regulation should therefore be extended , although urban and suburban transport should continue to be excluded .


### member states shall ensure that decisions taken by the regulatory body are subject to judicial review . that review may have suspensive effect only when the immediate effect of the regulatory body’s decision may cause irretrievable or manifestly excessive damages for the appellant . this provision is without prejudice to the powers of the court hearing the appeal as conferred by constitutional law of the member state concerned . ### member states shall ensure that decisions taken by the national competent authority are subject to judicial review . that review may have suspensive effect only when the immediate effect of national competent authority’s decision may cause irretrievable or manifestly excessive damages for the appellant . this provision is without prejudice to the powers of the court hearing the appeal as conferred by constitutional law of the member state concerned .


### administrative formalities should be reduced as much as possible without abandoning the controls and penalties that guarantee the correct application and effective enforcement of regulation no 1073 / 2009 . the journey form constitutes an unnecessary administrative burden and should therefore be abolished . ### administrative formalities should be reduced as much as possible without abandoning the controls and penalties that guarantee the correct application and effective enforcement of regulation no 1073 / 2009 .


### ‘ viable alternative’ means another terminal which is economically acceptable to the carrier , and allows it to operate the passenger service concerned . ; ### ‘ viable alternative’ means another terminal which is economically acceptable to the carrier , provides comparable infrastructure , allows access to other forms of public transport and allows the carrier to operate the passenger service concerned . ;


### regular services performed in accordance with this regulation . ; ### regular services , performed by a carrier not resident in the host member state provided that a stay in that member state does not exceed 48 hours after the entry into the territory of the member state , in the course of a regular international service in accordance with this regulation with the exception of transport services meeting the needs of an urban centre or conurbation , or transport needs between it and the surrounding areas . cabotage operations shall not be performed independently of such international service .


### regulatory body ### national competent authority


### an independent and impartial regulatory body should be designated in each member state to ensure the proper functioning of the road passenger transport market . that body may also be responsible for other regulated sectors such as rail , energy or telecommunications . ### each member state shall designate a national competent authority to ensure the proper functioning of the road passenger transport market . that body may also be responsible for other regulated sectors such as rail , energy or telecommunications .


### for certain recovered wastes within the meaning of directive 2008 / 98 / ec of the european parliament and of the council20 , a market demand for their use as fertilising products has been identified . furthermore , certain requirements are necessary for the waste used as input in the recovery operation and for the treatment processes and techniques , as well as for fertilising products resulting from the recovery operation , in order to ensure that the use of those products does not lead to overall adverse environmental or human health impacts . for ce marked fertilising products , those requirements should be laid down in this regulation . therefore , as of the moment of compliance with all the requirements of this regulation , such products should cease to be regarded as waste within the meaning of directive 2008 / 98 / ec . _________________ 20 directive 2008 / 98 / ec of the european parliament and of the council on waste and repealing certain directives . ### for certain recovered wastes within the meaning of directive 2008 / 98 / ec of the european parliament and of the council20 , such as struvite , biochar , and ash - based products , a market demand for their use as fertilising products has been identified . furthermore , certain requirements are necessary for the waste used as input in the recovery operation and for the treatment processes and techniques , as well as for fertilising products resulting from the recovery operation , in order to ensure that the use of those products does not lead to overall adverse environmental or human health impacts . for ce marked fertilising products , those requirements should be laid down in this regulation . therefore , as of the moment of compliance with all the requirements of this regulation , such products should cease to be regarded as waste within the meaning of directive 2008 / 98 / ec , and accordingly it should be possible for products containing or consisting of such recovered waste materials to access the internal market . to ensure legal clarity , take advantage of technical developments , and further stimulate the incentive among producers to make more use of valuable waste streams , the scientific analyses and the setting of process requirements at union level for such products should start immediately after the entry into force of this regulation . accordingly , the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission in respect of defining , without unnecessary delay , larger or additional categories of component materials eligible for use in the production of ce marked fertilising products . _________________ 20 directive 2008 / 98 / ec of the european parliament and of the council on waste and repealing certain directives .


### - 2 % by mass of total phosphorus pentoxide , or ### - 1 % by mass of phosphorus pentoxide soluble in neutral ammonium citrate and water , or


### - 5% by mass of total sulphur trioxide , or ### - 5% by mass of total sulphur trioxide ,


### - 12% by mass of total phosphorus pentoxide , ### - 12% by mass of phosphorus pentoxide soluble in neutral ammonium citrate and water ,


### as of [ publications office , please insert the date occurring three years after the date of application of this regulation ] , the following criterion shall be complied with : the polymer shall be capable of undergoing physical , biological decomposition , such that most of it ultimately decomposes into carbon dioxide , biomass and water . it shall have at least 90 % of the organic carbon converted into co2 in maximum 24 months , in a biodegradability test as specified points - below . the test shall be conducted at 25&#176 ; c &#177 ; 2&#176 ; c . the test shall be conducted in accordance with a method for determining the ultimate aerobic biodegradability of plastic materials in soils by measuring oxygen demand or the amount of carbon dioxide evolved . a micro - crystalline cellulose powder with the same dimension as the test material shall be used as a reference material in the test . prior to the test , the test material shall not be subject to conditions or procedures designed to accelerate the degradation of the film , such as exposure to heat or light . ### as of [ publications office , please insert the date occurring five years after the date of application of this regulation ] , the commission shall adopt delegated acts , pursuant to article 42 of this regulation , introducing : a standard for the biodegradability by setting a timeframe in which at least 90 % of the organic carbon is converted into co2 , after the claimed release time of the polymer has been fulfilled , and a biodegradability test that complies with the following criterion : the polymer is capable of undergoing physical , biological decomposition , such that most of it ultimately decomposes into carbon dioxide , biomass and water .


### a ce marked fertilising product that has undergone a recovery operation and complies with the requirements laid down in this regulation shall be considered to comply with the conditions laid down in article 6 of directive 2008 / 98 / ec and shall , therefore , be considered as having ceased to be waste . ### where a material that was waste has undergone a recovery operation in accordance with this regulation and a compliant ce marked fertilising product contains or consists of that material , the material shall be considered to comply with the conditions laid down in article 6 of directive 2008 / 98 / ec and shall , therefore , be considered as having ceased to be waste from the moment the union declaration of conformity is drawn up .


### organic carbon shall be present in the ce marked fertilising product by at least 3 % by mass . ### organic carbon shall be present in the ce marked fertilising product by at least 1 % by mass .


### –which only processes input materials referred to in paragraph 1 above , and ### –in which production lines for the processing of input materials referred to in paragraph 1 above are clearly separated from production lines for the processing of input materials other than referred to in paragraph 1 , and


### this regulation should not prevent the application of existing union legislation relating to aspects of protection of health , safety and the environment not covered by this regulation . this regulation should therefore apply without prejudice to council directive 86 / 278 / eec22 , council directive 89 / 391 / eec23 , regulation no 1907 / 2006 of the european parliament and of the council24 , regulation no 1272 / 2008 of the european parliament and of the council25 , commission regulation no 1881 / 200626 , council directive 2000 / 29 / ec27 , regulation no 98 / 2013 of the european parliament and of the council28 , and regulation no 1143 / 2014 of the european parliament and of the council29 . __________________ 22 council directive 86 / 278 / eec of 12 june 1986 on the protection of the environment , and in particular of the soil , when sewage sludge is used in agriculture . 23 council directive 89 / 391 / eec of 12 june 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work . 24 regulation no 1907 / 2006 of the european parliament and of the council of 18 december 2006 concerning the registration , evaluation , authorisation and restriction of chemicals . 25 regulation no 1272 / 2008 of the european parliament and of the council of 16 december 2008 on classification , labelling and packaging of substances and mixtures . 26 commission regulation no 1881 / 2006 of 19 december 2006 setting maximum levels for certain contaminants in foodstuffs . 27 council directive 2000 / 29 / ec of 8 may 2000 on protective measures against the introduction into the community of organisms harmful to plants or plant products and against their spread within the community . 28 regulation no 98 / 2013 of the european parliament and of the council of 15 january 2013 on the marketing and use of explosives precursors . 29 regulation no 1143 / 2014 of the european parliament and of the council of 22 october 2014 on the prevention and management of the introduction and spread of invasive alien species . ### this regulation should not prevent the application of existing union legislation relating to aspects of protection of health , safety and the environment not covered by this regulation . this regulation should therefore apply without prejudice to council directive 86 / 278 / eec22 , council directive 91 / 676 / eec22a , council directive 2000 / 60 / ec 22b , council directive 89 / 391 / eec23 , regulation no 1907 / 2006 of the european parliament and of the council24 , regulation no 1272 / 2008 of the european parliament and of the council25 , commission regulation no 1881 / 200626 , council directive 2000 / 29 / ec27 , regulation no 98 / 2013 of the european parliament and of the council28 , and regulation no 1143 / 2014 of the european parliament and of the council29 and council regulation no 834 / 2007 29a . __________________ 22 council directive 86 / 278 / eec of 12 june 1986 on the protection of the environment , and in particular of the soil , when sewage sludge is used in agriculture . 22a council directive 91 / 676 / eec of 12 december 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources . 22b 22b directive 2000 / 60 / ec of the european parliament and of the council of 23 october 2000 establishing a framework for community action in the field of water policy . 23 council directive 89 / 391 / eec of 12 june 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work . 24 regulation no 1907 / 2006 of the european parliament and of the council of 18 december 2006 concerning the registration , evaluation , authorisation and restriction of chemicals . 25 regulation no 1272 / 2008 of the european parliament and of the council of 16 december 2008 on classification , labelling and packaging of substances and mixtures . 26 commission regulation no 1881 / 2006 of 19 december 2006 setting maximum levels for certain contaminants in foodstuffs . 27 council directive 2000 / 29 / ec of 8 may 2000 on protective measures against the introduction into the community of organisms harmful to plants or plant products and against their spread within the community . 28 regulation no 98 / 2013 of the european parliament and of the council of 15 january 2013 on the marketing and use of explosives precursors . 29 regulation no 1143 / 2014 of the european parliament and of the council of 22 october 2014 on the prevention and management of the introduction and spread of invasive alien species . 29a council regulation no 834 / 2007 of 28 june 2007 on organic production and labelling of organic products


### forms of the declared nutrient and other declared quality criteria ph organic carbon total nitrogen total phosphorus pentoxide total potassium oxide dry matter quantity carbon org / nitrogen org granulometry forms of the declared nutrient and other declared quality criteria ph organic carbon total nitrogen total phosphorus pentoxide total potassium oxide dry matter quantity carbon org / nitrogen org granulometry ### permissible tolerances for the declared parameter ± 0 , 7 at the time of manufacture ± 1 , 0 at any time in the distribution chain ± 10% relative deviation of the declared value up to a maximum of 1 , 0 percentage points in absolute terms ± 20% relative deviation up to a maximum of 1 , 0 percentage point in absolute terms ± 20% relative deviation up to a maximum of 1 , 0 percentage point in absolute terms ± 20% relative deviation up to a maximum of 1 , 0 percentage point in absolute terms ± 10% relative deviation of the declared value - 5% relative deviation of the declared value at the time of manufacture - 25% relative deviation of the declared value at any time in the distribution chain ± 20% relative deviation of the declared value up to a maximum of 2 , 0 percentage points in absolute terms ± 10 % relative deviation applicable to the declared percentage of material passing a specific sieve . permissible tolerances for the declared parameter ± 0 , 7 at the time of manufacture ± 1 , 0 at any time in the manufacturing chain ± 10% relative deviation of the declared value up to a maximum of 1 , 0 percentage points in absolute terms ± 20% relative deviation up to a maximum of 1 , 0 percentage point in absolute terms ± 20% relative deviation up to a maximum of 1 , 0 percentage point in absolute terms ± 20% relative deviation up to a maximum of 1 , 0 percentage point in absolute terms ± 10% relative deviation of the declared value - 5% relative deviation of the declared value at the time of manufacture - 25% relative deviation of the declared value at any time in the manufacturing chain ± 20% relative deviation of the declared value up to a maximum of 2 , 0 percentage points in absolute terms ± 10 % relative deviation applicable to the declared percentage of material passing a specific sieve .


### forms of the declared nutrient and other declared quality criteria electric conductivity ph quantity by volume quantity determination of materials with particle size greater than 60 mm quantity determination of pre - shaped gm water - soluble nitrogen water - soluble phosphorus pentoxide water - soluble potassium oxide forms of the declared nutrient and other declared quality criteria electric conductivity ph quantity by volume quantity determination of materials with particle size greater than 60 mm quantity determination of pre - shaped gm water - soluble nitrogen water - soluble phosphorus pentoxide water - soluble potassium oxide ### permissible tolerances for the declared parameter ± 50% relative deviation at the time of manufacture ± 75% relative deviation at any time in the distribution chain ± 0 , 7 at the time of manufacture ± 1 , 0 at any time in the distribution chain - 5% relative deviation at the time of manufacture - 25% relative deviation at any time in the distribution chain - 5% relative deviation at the time of manufacture - 25% relative deviation at any time in the distribution chain - 5% relative deviation at the time of manufacture - 25% relative deviation at any time in the distribution chain ± 50% relative deviation at the time of manufacture ± 75% relative deviation at any time in the distribution chain ± 50% relative deviation at the time of manufacture ± 75% relative deviation at any time in the distribution chain ± 50% relative deviation at the time of manufacture ± 75% relative deviation at any time in the distribution chain permissible tolerances for the declared parameter ± 50% relative deviation at the time of manufacture ± 75% relative deviation at any time in the manufacturing chain ± 0 , 7 at the time of manufacture ± 1 , 0 at any time in the manufacturing chain - 5% relative deviation at the time of manufacture - 25% relative deviation at any time in the manufacturing chain - 5% relative deviation at the time of manufacture - 25% relative deviation at any time in the manufacturing chain - 5% relative deviation at the time of manufacture - 25% relative deviation at any time in the manufacturing chain ± 50% relative deviation at the time of manufacture ± 75% relative deviation at any time in the manufacturing chain ± 50% relative deviation at the time of manufacture ± 75% relative deviation at any time in the manufacturing chain ± 50% relative deviation at the time of manufacture ± 75% relative deviation at any time in the manufacturing chain


### a ce marked fertilising product may contain plants , plant parts or plant extracts having undergone no other processing than cutting , grinding , centrifugation , pressing , drying , freeze - drying or extraction with water . ### a ce marked fertilising product may contain plants , plant parts or plant extracts having undergone no other processing than cutting , grinding , centrifugation , sieving , milling , centrifugation , pressing , drying , freeze - drying , buffering , extrusion , frost - treatment , radiation , sanitation by using heat , or extraction with water .


### an inorganic micronutrient fertiliser shall be an inorganic fertiliser other than a macronutrient fertiliser aimed at providing one or more of the following nutrients : boron , cobalt , copper , iron , manganese , molybdenum or zinc . ### an inorganic micronutrient fertiliser shall be an inorganic fertiliser other than a macronutrient fertiliser aimed at providing one or more of the following nutrients : boron , cobalt , copper , iron , manganese , molybdenum , selenium , silicon or zinc .


### name of the micro - organism ; ### name of the micro - organism at strain level ;


### the commission may adopt implementing acts laying down common specifications , the compliance with which shall ensure conformity with the requirements set out in annexes i , ii and iii covered by those specifications or parts thereof . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 41 . ### where a requirement set out in annexes i , ii and or iii is not covered by harmonised standards or parts thereof , the references of which have been published in the official journal of the european union , and where following a request to one or several european standardisation organisations to draft harmonised standards for that requirement the commission observes undue delays in the adoption of that standard , the commission may adopt implementing acts laying down common specifications for that requirement . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 41 .


### proposal for a regulation of the european parliament and of the council laying down rules on the making available on the market of ce marked fertilising products and amending regulations no 1069 / 2009 and no 1107 / 2009 ### proposal for a regulation of the european parliament and of the council laying down rules on the making available on the market of ce marked fertilisers and improving nutrition efficiency products and amending regulations no 1069 / 2009 , no 1107 / 2009 and no 1907 / 2006


### a ce marked fertilising product may contain plants , plant parts or plant extracts having undergone no other processing than cutting , grinding , centrifugation , pressing , drying , freeze - drying or extraction with water . ### a ce marked fertilising product may contain plants , plant parts or plant extracts having undergone no other processing than cutting , grinding , centrifugation , sieving , milling , pressing , drying , freeze - drying , buffering , extrusion , radiation , frost - treatment , sanitation by using heat , extraction with water or any other preparation or processing that does not render the final substance subject to registration under regulation no 1907 / 2006 .


### as of [ publications office , please insert the date occurring three years after the date of application of this regulation ] , the following criterion shall be complied with : the polymer shall be capable of undergoing physical , biological decomposition , such that most of it ultimately decomposes into carbon dioxide , biomass and water . it shall have at least 90 % of the organic carbon converted into co2 in maximum 24 months , in a biodegradability test as specified points - below . ### as of [ publications office , please insert the date occurring five years after the date of application of this regulation ] , the following criterion shall be complied with : the polymer shall be capable of undergoing physical , biological decomposition , such that most of it ultimately decomposes into carbon dioxide , biomass and water . it shall have at least 90 % of the organic carbon converted into co2 compared to an appropriate standard in the biodegradation test . in order to meet this criterion the biodegradability criteria and the development of an appropriate testing method for biodegradation shall be evaluated in the light of the latest scientific evidenceand set in delegated acts adopted in accordance with articles 42 of this regulation .


### - 1 , 5% by mass of total sulphur trioxide , or ### - 5% by mass of total sulphur trioxide ,


### - 3% by mass of total potassium oxide , ### - 5% by mass of total potassium oxide ,


### for certain recovered wastes within the meaning of directive 2008 / 98 / ec of the european parliament and of the council20 , a market demand for their use as fertilising products has been identified . furthermore , certain requirements are necessary for the waste used as input in the recovery operation and for the treatment processes and techniques , as well as for fertilising products resulting from the recovery operation , in order to ensure that the use of those products does not lead to overall adverse environmental or human health impacts . for ce marked fertilising products , those requirements should be laid down in this regulation . therefore , as of the moment of compliance with all the requirements of this regulation , such products should cease to be regarded as waste within the meaning of directive 2008 / 98 / ec . _________________ 20 directive 2008 / 98 / ec of the european parliament and of the council on waste and repealing certain directives . ### for certain recovered wastes within the meaning of directive 2008 / 98 / ec of the european parliament and of the council20 , such as struvite , biochar , and ash - based products , a market demand for their use as fertilising products has been identified . furthermore , certain requirements are necessary for the waste used as input in the recovery operation and for the treatment processes and techniques , as well as for fertilising products resulting from the recovery operation , in order to ensure that the use of those products does not lead to overall adverse environmental or human health impacts . for ce marked fertilising products , those requirements should be laid down in this regulation . therefore , as of the moment of compliance with all the requirements of this regulation , such products should cease to be regarded as waste within the meaning of directive 2008 / 98 / ec , and accordingly it should be possible for products containing or consisting of such recovered waste materials to access the internal market . to ensure legal clarity , take advantage of technical developments , and further stimulate the incentive among producers to make more use of valuable waste streams , the scientific analyses and the setting of process requirements at union level for such products should start immediately after the entry into force of this regulation . accordingly , the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission in respect of defining , without unnecessary delay , larger or additional categories of component materials eligible for use in the production of ce marked fertilising products . _________________ 20 directive 2008 / 98 / ec of the european parliament and of the council on waste and repealing certain directives .


### promising technical progress is being made in the field of recycling of waste , such as phosphorus recycling from sewage sludge , and fertilising product production from animal by - products , such as biochar . it should be possible for products containing or consisting of such materials to access the internal market without unnecessary delay when the manufacturing processes have been scientifically analysed and process requirements have been established at union level . for that purpose , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of defining larger or additional categories of ce marked fertilising products or component materials eligible for use in the production of such products . for animal by - products , component material categories should be expanded or added only to the extent an end point in the manufacturing chain has been determined in accordance with the procedures laid down in regulation no 1069 / 2009 , since animal by - products for which no such end point has been determined are in any event excluded from the scope of this regulation . ### promising technical progress is being made in the field of recycling of waste , such as phosphorus recycling from sewage sludge , in particular struvite , fertilising product production from animal by - products , such as biochar , and phosphorus recovery after incineration , in particular ash - based products . therefore , it should be possible for products containing or consisting of such materials to access the internal market when the manufacturing processes have been scientifically analysed and process requirements have been established at union level . for that purpose , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of defining larger or additional categories of ce marked fertilising products or component materials eligible for use in the production of such products . the first of those delegated acts should , in particular , add struvite , biochar and ash - based products to the categories of component materials and should be adopted as soon as possible after the entry into force of this regulation . for animal by - products , component material categories should be expanded or added only to the extent an end point in the manufacturing chain has been determined in accordance with the procedures laid down in regulation no 1069 / 2009 , since animal by - products for which no such end point has been determined are in any event excluded from the scope of this regulation .


### which are likely to be subject of significant trade on the internal market , and ### which have the potential to be subject to trade on the internal market , and


### certain substances , mixtures and micro - organisms , commonly referred to as plant biostimulants , are not as such nutrients , but nevertheless stimulate plants ' nutrition processes . where such products aim solely at improving the plants ' nutrient use efficiency , tolerance to abiotic stress , or crop quality traits , they are by nature more similar to fertilising products than to most categories of plant protection products . such products should therefore be eligible for ce marking under this regulation and excluded from the scope of regulation no 1107 / 2009 of the european parliament and of the council21 . regulation no 1107 / 2009 should therefore be amended accordingly . __________________ 21 regulation no 1107 / 2009 of the european parliament and of the council of 21 october 2009 concerning the placing of plant protection products on the market and repealing council directives 79 / 117 / eec and 91 / 414 / eec . ### certain substances , mixtures and micro - organisms , commonly referred to as plant biostimulants , are not as such nutrients , but nevertheless stimulate plants ' nutrition processes . where such products aim solely at improving the plants ' nutrient use efficiency , tolerance to abiotic stress , crop quality traits , humification , or increasing the availability of confined nutrients in soil , they are by nature more similar to fertilising products than to most categories of plant protection products . they therefore can act as a complement to fertilisers , with a view to optimising the efficiency of fertilisers and reducing the amounts required . in addition to boosting production capacity , these products can help support ecosystem services and make crops more resistant to the effects of climate change . such products should therefore be eligible for ce marking under this regulation and excluded from the scope of regulation no 1107 / 2009 of the european parliament and of the council21 . regulation no 1107 / 2009 should therefore be amended accordingly . __________________ 21 regulation no 1107 / 2009 of the european parliament and of the council of 21 october 2009 concerning the placing of plant protection products on the market and repealing council directives 79 / 117 / eec and 91 / 414 / eec .


### as of [ publications office , please insert the date occurring three years after the date of application of this regulation ] , the following criterion shall be complied with : the polymer shall be capable of undergoing physical , biological decomposition , such that most of it ultimately decomposes into carbon dioxide , biomass and water . it shall have at least 90 % of the organic carbon converted into co2 in maximum 24 months , in a biodegradability test as specified points - below . the test shall be conducted at 25&#176 ; c &#177 ; 2&#176 ; c . the test shall be conducted in accordance with a method for determining the ultimate aerobic biodegradability of plastic materials in soils by measuring oxygen demand or the amount of carbon dioxide evolved . a micro - crystalline cellulose powder with the same dimension as the test material shall be used as a reference material in the test . prior to the test , the test material shall not be subject to conditions or procedures designed to accelerate the degradation of the film , such as exposure to heat or light . ### as of [ publications office , please insert the date occurring five years after the date of application of this regulation ] , the commission shall adopt delegated acts , pursuant to article 42 of this regulation , setting out the following requirements : a standard for the biodegradability of the polymer by setting a timeframe in which at least 90% , absolute or relative to the reference material , of the organic carbon is converted into co2 , after the claimed release time of the polymer has been fulfilled , and a biodegradability test that complies with the following criterion : the polymer is capable of undergoing physical , biological decomposition , such that most of it ultimately decomposes into carbon dioxide , biomass and water .


### - 2 % by mass of total phosphorus pentoxide , or ### - 1 % by mass of phosphorus pentoxide soluble in neutral ammonium citrate and water , or


### all external action guarantee agreements shall , upon request , be made available to the european parliament and to the council , taking into account the protection of confidential and commercially sensitive information . ### all external action guarantee agreements shall be made available to the european parliament and to the council .


### the staff and the members of the decision - making body of national administrative competition authorities refrain from any action which is incompatible with the performance of their duties and exercise of their powers for the application of articles 101 and 102 tfeu ; ### the director , the staff , the members of the decision - making body and the management of national administrative competition authorities refrain from any action which is incompatible with the performance of their duties and exercise of their powers for the application of articles 101 and 102 tfeu . in particular , that obligation entails that during their employment and their term of office , they do not have an interest in any businesses or organisations that have dealings with a national administrative competition authority to the extent that such interest has the potential to compromise their independence ;


### member states shall ensure that national competition authorities have the human , financial and technical resources that are necessary for the effective performance of their duties and exercise of their powers when applying articles 101 and 102 tfeu as defined in paragraph 2 . ### member states shall ensure that national competition authorities have adequate and stable human , financial and technical resources , including premises and infrastructures that are necessary for the effective performance of their duties and exercise of their powers when applying articles 101 and 102 tfeu as defined in paragraph 2 . member states shall ensure that national competition authorities have a separate annual budget and have autonomy in using their resources .


### the exercise of the powers referred to in this directive by national competition authorities shall be subject to appropriate safeguards , including respect of undertakings̕ rights of defence and the right to an effective remedy before a tribunal , in accordance with general principles of union law and the charter of fundamental rights of the european union . ### the exercise of the powers referred to in this directive by national competition authorities shall be subject to appropriate safeguards , including respect of undertakings̕ rights of defence and the right to an effective remedy before a tribunal , in accordance with general principles of union law and the charter of fundamental rights of the european union and article 6 of the european convention on human rights . tribunals shall be empowered to review the decisions of national competition authorities . this review shall not be limited to legality control but shall also address the merits of the case , including the reasoning relating to the anticompetitive practice and the assessment of the proportionality of the sanction .


### the requested authority shall not be obliged to enforce decisions pursuant to paragraph 1 if this would be manifestly contrary to public policy in the member state in which enforcement is sought . ### the requested authority shall enforce decisions pursuant to paragraph 1 unless it is able to demonstrate reasonable grounds to the applicant authority showing how this would be manifestly contrary to public policy in the member state in which enforcement is sought .


### 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 . ” ;


### at the 21st conference of the parties to the united nations framework convention on climate change which took place in paris from 30 november to 12 december 2015 , an international agreement was adopted to strengthen the global response to climate change . the paris agreement , inter alia , sets out a long - term goal in line with the objective to keep the global temperature increase well below 2&#176 ; c above pre - industrial levels and to pursue efforts to keep it to 1 , 5&#176 ; c above pre - industrial levels . the paris agreement was approved on behalf of the union by council decision 2016 / 1841 . the paris agreement entered into force on 4th november 2016 . in order to achieve the goal of the paris agreement , parties will prepare , communicate and maintain successive nationally determined contributions . ### at the 21st conference of the parties to the united nations framework convention on climate change which took place in paris from 30 november to 12 december 2015 , an international agreement was adopted to strengthen the global response to climate change . the paris agreement , inter alia , sets out a long - term goal in line with the objective to keep the global temperature increase well below 2&#176 ; c above pre - industrial levels and to pursue efforts to keep it to 1 , 5&#176 ; c above pre - industrial levels . the paris agreement was approved on behalf of the union by council decision 2016 / 1841 . the paris agreement entered into force on 4th november 2016 . in order to achieve the goal of the paris agreement , parties will prepare , communicate and maintain successive nationally determined contributions . although international aviation was excluded from this agreement , this sector should also contribute to emission reduction targets , such as through a gmbm scheme to be introduced by icao .


### the issue of the obligations and concomitant responsibilities and liabilities of the flag state and , where appropriate , the flag international organisation , for the conservation and management of the living resources of the high seas under unclos has increasingly come into focus at international level . this has also been the case , under the heading of a due diligence obligation flowing from unclos , for concurrent coastal state jurisdiction and flag state jurisdiction and , as appropriate , flag international organisation jurisdiction , to secure sound conservation of marine biological resources within sea areas under national jurisdiction . a due diligence obligation is an obligation for a state to exercise best possible efforts and to do the utmost to prevent illegal fishing , which includes the obligation to adopt the necessary administrative and enforcement measures to ensure that fishing vessels flying its flag , its nationals , or fishing vessels engaged in its waters are not involved in activities which breach the applicable conservation and management measures . for these reasons , it is important to organise both the activities of union fishing vessels outside union waters as well as the governance system pertaining thereto in such a manner that the union ' s international obligations can be efficiently and effectively discharged and that situations where the union might be reproached for internationally wrongful acts are avoided . ### the issue of the obligations and concomitant responsibilities and liabilities of the flag state and , where appropriate , the flag international organisation , for the conservation and management of the living resources of the high seas under unclos has increasingly come into focus at international level . this has also been the case , under the heading of a due diligence obligation flowing from unclos , for concurrent coastal state jurisdiction and flag state jurisdiction and , as appropriate , flag international organisation jurisdiction , to secure sound conservation of marine biological resources within sea areas under national jurisdiction . the advisory opinion of 2 april 2015 of the international tribunal for the law of the sea , rendered in response to questions raised by the west africa subregional fisheries commission , confirmed that the union bears international responsibility before third countries and international organisations for the activities of its fishing vessels , and that such responsibility requires it to act with due diligence . a due diligence obligation is an obligation for a state to exercise best possible efforts and to do the utmost to prevent illegal fishing , which includes the obligation to adopt the necessary administrative and enforcement measures to ensure that fishing vessels flying its flag , its nationals , or fishing vessels engaged in its waters are not involved in activities which breach the applicable conservation and management measures . for these reasons , it is important to organise both the activities of union fishing vessels outside union waters as well as the governance system pertaining thereto in such a manner that the union ' s international obligations can be efficiently and effectively discharged and that situations where the union might be reproached for internationally wrongful acts are avoided .


### the variation of port infrastructure charges should be allowed in order to promote short sea shipping and to attract waterborne vessels having an environmental performance or energy and carbon efficiency of the transport operations , notably the off - shore or on - shore maritime transport operations , that is better than average . this should help to contribute to the environmental and climate change policies and the sustainable development of the port and its surroundings notably by contributing to reducing the environmental footprint of the waterborne vessels calling and staying in the port . ### the managing body of the port can vary the port infrastructure charges as a part of its commercial strategy . port infrastructure charges may vary in order to , for example , promote short sea shipping and to attract waterborne vessels having an environmental performance or energy and carbon efficiency of the transport operations , notably the off - shore or on - shore maritime transport operations , that is better than average . this could help to contribute to the environmental and climate change policies and the sustainable development of the port and its surroundings notably by contributing to reducing the environmental footprint of the waterborne vessels calling and staying in the port .


### 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 the port’s spatial planning policy , related inter alia to certain categories of 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 for such a variation shall be relevant , transparent , objective and non - discriminatory on the basis of nationality and shall comply with state aid and competition rules . port infrastructure charges may vary also in accordance with commercial practices related inter alia to certain categories of users .


### in the cases provided for in article 6 , the competent authority may decide to provide a port service under public service obligations itself or to impose such obligations directly on a legally distinct entity over which it exercises a control similar to that exercised over its own departments . in such a case , the port service provider shall be considered as an internal operator for the purpose of this regulation . ### the managing body of the port or the competent authority may decide to provide a port itself or through a legally distinct entity over which it exercises a control similar to that exercised over its own departments . in such a case , the port service provider shall be considered as an internal operator for the purpose of this regulation .


### ‘ mooring’ means the berthing and un - berthing services required for a waterborne vessel being anchored or otherwise fastened to the shore in the port or in the waterways access to the port ; ### ‘ mooring’ means the mooring services in charge of tying and untying operations of a waterborne vessel to the berth , the quayside or a buoy in order to immobilise the vessel , thereby allowing passengers and other persons , goods or cargo to be transferred safely on or off the vessel ;


### the independent supervisory body shall be legally distinct from and functionally independent of any managing body of the port or providers of port services . member states that retain ownership or control of ports or port managing bodies shall ensure an effective structural separation between the functions relating to the supervision and monitoring of this regulation and the activities associated with that ownership or control . the independent supervisory body shall exercise its powers impartially and transparently and with due respect to the right to freely conduct business . ### complaints must be handled in a way that ensures that conflicts of interests are excluded and which is functionally independent of any managing body of the port or providers of port services . member states shall ensure that there is effective functional separation between the handling of complaints on the one hand and the ownership and management of ports , provision of port services and port use on the other hand . complaints must be handled impartially and transparently and with due respect to the right to act freely .


### the member states shall designate the competent authorities within their territory to impose such public service obligations . the managing body of the port may be the competent authority . ### the member states shall designate the competent authorities within their territory to impose such public service obligations . the managing body of the port shall be the competent authority with a view to imposing these public service obligations in the area for which it is responsible .


### 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 in normal and safe conditions in a continuous manner and the technical and financial capacity to maintain this equipment at the required level ;


### ' 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 ;


### in order to contribute to an efficient infrastructure charging system , the structure and the level of port infrastructure charges shall be defined in an autonomous way by the managing body of the port according to its own commercial strategy and investment plan reflecting competitive conditions of the relevant market and in accordance with state aid rules . ### in order to contribute to an efficient infrastructure charging system , the structure and the level of port infrastructure charges shall be defined in an autonomous way by the managing body of the port according to its own commercial strategy and investment plan reflecting competitive conditions of the relevant market and in accordance with rules on state aid and competition .


### ' mooring ' means the berthing and un - berthing services required for a waterborne vessel being anchored or otherwise fastened to the shore in the port or in the waterways access to the port ; ### ' berthing ' means the technical - nautical services required for the mooring , shifting or undocking of a vessel in the port or in the waterways access to the port ;


### the managing body of the port shall consult on an annual basis prior to the setting of port infrastructure charges the port users’ advisory committee on the structure and level of such charges . the providers of port services as referred to in article 6 and in article 9 shall consult on an annual basis prior to the setting of port service charges the port users’ advisory committee on the structure and level of such charges . the managing body of the port shall provide adequate facilities for such consultation and shall be informed of the results of the consultation by the providers of port services . ### the managing body of the port shall consult on an annual basis the port users on the structure and level of such charges . the providers of port services as referred to in article 6 and in article 9 shall consult on an annual basis prior to the setting of port service charges the port users on the structure and level of such charges . the managing body of the port shall be informed of the results of the consultation by the providers of port services .


### in order to ensure the proper and effective application of this regulation , an independent supervisory body , which could be an already existing body , should be designated in every member state . ### in order to ensure the proper and effective application of this regulation , every member state should ensure that an effective mechanism is in place to handle complaints .


### ' 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 , 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 cargo handling , a strict link to operations directly connected to a particular ship / port interface being necessary in any event ;


### in the event of a disruption of port services for which public service obligations are imposed or when an immediate risk of such a situation occurs , the competent authority may take an emergency measure . the emergency measure may take the form of a direct award so as to attribute the service to a different provider for a period up to one year . during that time period , the competent authority shall either launch a new procedure to select a provider of port service in accordance with article 7 or shall apply article 9 . ### in the event of a disruption of port services for which public service obligations are imposed or when an immediate risk of such a situation occurs , the competent authority may take an emergency measure . the emergency measure may take the form of a direct award so as to attribute the service to a different provider for a period up to one year . during that time period , the competent authority shall either launch a new procedure to select a provider of port service in accordance with article 7 or shall apply article 9 . collective actions cannot disrupt the services given to port users . any collective action that may disrupt port services should be subject to emergency measures in order to avoid possible damage to port users .


### in many ports , the market access for providers of cargo - handling and terminal passenger services is granted by means of public concession contracts . this type of contracts will be covered by the directive . . . . / … [ concessions ] . consequently , chapter ii of this regulation should not apply to the provision of cargo - handling and passenger services , but member states should remain free to decide to apply nevertheless the rules of this chapter to these two services . for other types of contracts used by public authorities for granting market access to cargo handling and terminal passenger services , the court of justice of the european union has confirmed that the competent authorities are bound by the principles of transparency and non - discrimination when concluding these contracts . these principles are fully applicable as regards the provision of any port service . ### chapter ii of this regulation should not apply to the provision of cargo - handling and passenger services . for other types of contracts used by public authorities for granting market access to cargo handling and terminal passenger services , the court of justice of the european union has confirmed that the competent authorities are bound by the principles of transparency and non - discrimination when concluding these contracts . these principles are fully applicable as regards the provision of any port service .


### in many ports , the market access for providers of cargo - handling and terminal passenger services is granted by means of public concession contracts . this type of contracts will be covered by the directive . . . . / … [ concessions ] . consequently , chapter ii of this regulation should not apply to the provision of cargo - handling and passenger services , but member states should remain free to decide to apply nevertheless the rules of this chapter to these two services . for other types of contracts used by public authorities for granting market access to cargo handling and terminal passenger services , the court of justice of the european union has confirmed that the competent authorities are bound by the principles of transparency and non - discrimination when concluding these contracts . these principles are fully applicable as regards the provision of any port service . ### chapter ii of this regulation should not apply to the provision of cargo - handling and passenger services , but member states should remain free to decide to apply nevertheless the rules of this chapter to these two services . in any case , the court of justice of the european union has confirmed that in contracts used by public authorities for granting market access to cargo handling and terminal passenger services , the competent authorities are bound by the principles of transparency and non - discrimination when concluding these contracts . these principles are fully applicable as regards the provision of any port service .


### ‘ port infrastructure charge’ means a fee collected for the direct or indirect benefit of the managing body of the port and paid by the operators of waterborne vessels or cargo owners for the use of facilities and services that allow vessels entry and exit in and out of the port , including the waterways giving access to those ports , as well as access to the processing of passengers and cargo ; ### ‘ port infrastructure charge’ means a charge imposed by the managing body of the port or the competent authority and paid by the operators of waterborne vessels or cargo owners benefitting directly or indirectly of the use of infrastructures , facilities and services managed autonomously by the managing body of the port that allow vessels entry and exit in and out of the port , including the waterways giving access to those ports , as well as access to the processing of passengers and cargo , but excluding land lease rates and charges having equivalent effect ;


### the independent supervisory body shall handle the complaints lodged by any party with a legitimate interest and the disputes brought before it arising in connection with the application of this regulation . ### member states shall ensure that port users and other relevant stakeholders are informed of where and how to lodge a complaint , including , an indication of the authorities responsible for the handling of complaints and relevant national authorities referred to in articles 12 , 13 and 14 .


### 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 commercial practices related , inter alia , 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 shall comply with state aid and competition rules .


### the managing body of the port shall establish a committee of representatives of operators of waterborne vessels , cargo owners or other port users which are requested to pay an infrastructure charge or a port service charge or both . this committee shall be called the ' port users ' advisory committee ' . ### without prejudice to the competence on the issues listed in points to of this paragraph , the managing body of the port shall when appropriate consult representatives of port users , providers of port services and other relevant stakeholders at least on the following : the charging policy ; measures to improve the connections with the hinterland and where appropriate measures to develop and improve the efficiency of rail and inland waterways connections ; the efficiency of the administrative procedures in port and where appropriate possible measures to simplify them , as well as the proper coordination of port services within the port area ; environmental issues .


### the scarcity or reserved use of land provided that the managing body can demonstrate that the land constitutes an essential port facility to provide the port service and that the limitation is in accordance with the formal development plan of the port as agreed by the management body of the port and where appropriate any other public competent authorities according to the national legislation ; ### the scarcity or reserved use of land or waterside space provided that the limitation is in accordance with decisions or plans as agreed by the management body of the port and where appropriate any other public competent authorities according to the national legislation ;