### 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 cultural and creative sectors . interventions in this area shall aim at : promoting equal access to quality , inclusive , non - institutional and community - based 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 .


### the transition from direct management of pre - accession funds by the commission to indirect management by the beneficiaries listed in annex i should be progressive and in line with the respective capacities of those beneficiaries . assistance should continue to make use of the structures and instruments that have proved their worth in the pre - accession process . ### the transition from direct management of pre - accession funds by the commission to indirect management by the beneficiaries listed in annex i should be progressive and in line with the respective capacities of those beneficiaries and with full fiduciary safeguards applied , including but not limited to : transparent accounting and tendering procedures ; and external periodical review by olaf . assistance should continue to make use of the structures and instruments that have proved their worth in the pre - accession process . special attention needs to be paid to providing assistance for improving the absorption capacity of the beneficiary countries .


### it is in the union ' s interest to assist the beneficiaries listed in annex i in their efforts to reform with a view to union membership . assistance should be managed with a strong focus on results and with incentives for those who demonstrate their commitment to reform through efficient implementation of pre - accession assistance and progress towards meeting the membership criteria . ### it is in the union ' s interest to assist the beneficiaries listed in annex i in their efforts to reform with a view to union membership . assistance should be managed on a results - based approach and for those who demonstrate their commitment to reform through efficient implementation of pre - accession assistance and progress towards meeting the membership criteria .


### 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 .


### 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 . ### the enlargement policy of the union is an investment in peace , security , stability and prosperity 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 can have a powerful transformative effect , embedding positive democratic , political , economic and societal change . this potential should be tapped into to the highest possible degree .


### strengthening the capacities of civil society organisations and social partners ' organisations , including professional associations , in beneficiaries listed in annex i and encouraging networking at all levels among union - based organisations and those of beneficiaries listed in annex i , enabling them to engage in an effective dialogue with public and private actors . ### strengthening the capacities and transparency of civil society organisations and social partners ' organisations , including professional associations , in beneficiaries listed in annex i and encouraging networking at all levels among union - based organisations and those of beneficiaries listed in annex i , enabling them to engage in an effective dialogue with public and private actors .


### 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 , sharing relevant information , enhancing border control capabilities and strengthening cooperation with third countries of origin and transit in order to jointly pursue our effort in the fight against illegal migration , trafficking in human beings and migrant smuggling .


### to reinforce the effectiveness of public administration and support structural reforms and good governance at all levels ; ### to reinforce the effectiveness of public administration and support , transparency , structural reforms and good governance at all levels ;


### authorisations for national regular services shall be granted unless refusal can be justified on one or more of the grounds listed in points to of article 8c and , if the service is carrying passengers over a distance of less than 100 kilometres as the crow flies , article 8c . ### authorisations for national regular services shall be granted unless refusal can be justified on one or more of the grounds listed in points to of article 8c ; notwithstanding , the competent authority must reject the authorisation when so required , within the period specified in paragraph 1 , by the competent authority of one of the member states on whose territory passengers are picked up or set down , for one or more of the reasons listed in points a ) to e ) of article 8c


### authorisations for national regular services shall be granted unless refusal can be justified on one or more of the grounds listed in points to of article 8c and , if the service is carrying passengers over a distance of less than 100 kilometres as the crow flies , article 8c . ### authorisations for national regular services shall be granted unless refusal can be justified on one or more of the grounds listed in points to of article 8c and , if the service is carrying passengers over a distance of up to , but no more than 100 kilometres as the crow flies , article 8c .


### the regulatory body shall examine the request and decide whether to carry out the economic analysis . it shall inform the interested parties of its decision . ### where such a request has been received , the regulatory body shall carry out the economic analysis . it shall inform the interested parties of its decision .


### requests for access may be refused only on the grounds of lack of capacity . ### requests for access to terminals may be refused only on the grounds of lack of capacity . if a request is refused , the terminal operator shall also communicate its decision to the regulatory authority .


### the authorising authority shall take a decision on the application within two months of the date of submission of the application by the carrier . this may be extended to four months where an analysis is requested in accordance with article 8c . ### the authorising authority shall take a decision on the application no later than two months of the date of submission of the application by the carrier . this may be extended to four months where an analysis is requested in accordance with points and of article 8c .


### the authorising authority shall take a decision on the application within two months of the date of submission of the application by the carrier . this may be extended to four months where an analysis is requested in accordance with article 8c . ### the authorising authority shall take a decision on the application within one month of the date of submission of the application by the carrier . this may be extended to three months where an analysis is requested in accordance with article 8c .


### 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 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


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


### 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 .


### 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 .


### authorisation procedure for the international carriage of passengers over a distance of less than 100 kilometres as the crow flies ### procedures for authorisation , and suspension and withdrawal of authorisation for the international carriage of passengers over a distance of up to 100 kilometres as the crow flies


### 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 regulatory body are subject to prompt 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 .


### 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 .


### after having consulted the member states of the competent authorities which disagreed , the commission shall , within four months from receipt of the communication from the authorising authority , take a decision . the decision shall take effect 30 days after its notification to the member states concerned . ### after having consulted the member states of the competent authorities which disagreed , the commission shall , within two months from receipt of the communication from the authorising authority , take a decision . the decision shall take effect 30 days after its notification to the member states concerned .


### authorisation procedure for the international carriage of passengers over a distance of 100 kilometres or more as the crow flies ### procedures for authorisation , and suspension and withdrawal of authorisation for the international carriage of passengers over a distance of 100 kilometres or more as the crow flies


### in order to ensure fair competition in the market , operators of regular services should be provided with access rights to terminals in the union on fair , equitable , non - discriminatory and transparent terms . appeals against decisions rejecting or limiting access should be lodged with the regulatory body . ### in order to ensure fair competition in the market , operators of regular services should be provided with access rights to publicly owned terminals in the union on fair , equitable , non - discriminatory and transparent terms .


### regulatory body ### national competent authority


### the terminal operator shall take a decision on any application for access to a terminal within two months of the date of submission of the application by the carrier . decisions on access shall state the reasons on which they are based . ### the terminal operator shall take a decision on any application for access to a terminal without delay and no later than two months of the date of submission of the application by the carrier . where access is refused , the terminal operator shall justify its decision .


### each year , by 31 january at the latest , and for the first time by 31 january [ &#8230 ; the first january following the entry into force of this regulation ] member states shall communicate to the commission the number of authorisations for regular services issued the previous year and the total number of authorisations for regular services valid on 31 december of that year . that information shall be given separately for each member state of destination of the regular service . member states shall also communicate to the commission the data concerning cabotage operations , in the form of special regular services and occasional services , carried out during the previous year by resident carriers . ### each year , by 31 january at the latest , and for the first time by 31 january [ &#8230 ; the first january following the entry into force of this regulation ] the competent authorities of the member states shall communicate to the commission the number of authorisations for regular services issued the previous year and the total number of authorisations for regular services valid on 31 december of that year . that information shall be given separately for each member state of destination of the regular service . member states shall also communicate to the commission the data concerning cabotage operations , in the form of special regular services and occasional services , carried out during the previous year by resident carriers .


### after having consulted the member states of the competent authorities which disagreed , the commission shall , within four months from receipt of the communication from the authorising authority , take a decision . the decision shall take effect 30 days after its notification to the member states concerned . ### after having consulted the member states of the competent authorities which disagreed , the commission shall , within four months from receipt of the communication from the authorising authority , take a decision . the decision shall take effect 30 days after its notification to the competent authorities in the member states concerned .


### 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 .


### member states may limit the right of access to the international and national market for regular services if the proposed regular service carries passengers over distances of less than 100 kilometres as the crow flies and if the service would compromise the economic equilibrium of a public service contract . ### member states may limit the right of access to the international and national market for regular bus and coach services if the proposed regular service meets at least one of the following criteria : it occurs in an urban or suburban centre or conurbation , or meets the transport needs between it and the surrounding areas ; it has the same public passenger transport function as that of a public service operator to which a competent authority has granted an exclusive right to operate a particular route or network or in a particular area , in return for the discharge of public service obligations within the framework of a public service contract ; carries passengers over distances of less than 100 kilometres as the crow flies and if the service would compromise the economic equilibrium of a public service contract .


### 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 council of 19 november 2008 on waste and repealing certain directives , 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 .


### –1 , 5% by mass of total nitrogen , ### –3% by mass of total nitrogen ,


### –0 , 75% by mass of total magnesium oxide , ### –not less than 0 , 75% by mass of total magnesium oxide ,


### –1 , 5% by mass of total phosphorus pentoxide , ### –not less than 1 , 5% by mass of total phosphorus pentoxide ,


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


### –1% by mass of total phosphorus pentoxide , or ### –0 , 5% by mass of total phosphorus pentoxide


### 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 . ### a ce marked fertilising product that contains or consists of waste that has undergone a recovery operation in accordance with directive 2008 / 98 / ec and that complies with the requirements laid down in this regulation shall be considered as having ceased to be waste from the moment the eu declaration of conformity is drawn up .


### the ce marking shall be affixed visibly , legibly and indelibly to the accompanying documents and , where the ce marked fertilising product is supplied in a packaged form , to the packaging . ### the ce marking shall be affixed visibly , legibly and indelibly to the packaging of the ce marked fertilising product or , where the ce marked fertilising product is supplied without packaging , to the documents accompanying the ce marked fertilising product .


### an organic soil improver shall consist exclusively of material of solely biological origin , excluding material which is fossilized or embedded in geological formations . ### an organic soil improver shall consist exclusively of material of solely biological origin , including peat , leonardite , lignite and humic substances obtained from them , but excluding other materials which are fossilized or embedded in geological formations .


### –2% by mass of total potassium oxide . ### –1% by mass of total potassium oxide .


### certain substances and mixtures , commonly referred to as agronomic additives , improve the nutrient release pattern of a nutrient in a fertiliser . substances and mixtures made available on the market with the intention of them being added to ce marked fertilising products for that purpose should fulfil certain efficacy criteria at the responsibility of the manufacturer of those substances or mixtures , and should therefore as such be considered as ce marked fertilising products under this regulation . furthermore , ce marked fertilising products containing such substances or mixtures should be subject to certain efficacy and safety criteria . such substances and mixtures should therefore also be regulated as component materials for ce marked fertilising products . ### certain substances and mixtures , referred to as agronomic additives , improve the nutrient release pattern of a nutrient in a fertiliser . substances and mixtures made available on the market with the intention of them being added to ce marked fertilising products for that purpose should fulfil certain efficacy criteria at the responsibility of the manufacturer of those substances or mixtures , and should therefore as such be considered as ce marked fertilising products under this regulation . furthermore , ce marked fertilising products containing such substances or mixtures should be subject to certain efficacy and safety criteria . such substances and mixtures should therefore also be regulated as component materials for ce marked fertilising products .


### when placing a ce marked fertilising product on the market , the importer should indicate on the packaging of the fertilising product his or her name , registered trade name or registered trade mark and the postal address at which he or she can be contacted , in order to enable market surveillance . ### when placing a ce marked product on the market , the importer should indicate on the packaging of the product his or her name , registered trade name or registered trade mark and the postal address at which he or she can be contacted , as well as the foreign manufacturer and the country of origin of the product in order to enable market surveillance .


### the commission shall be empowered to adopt delegated acts in accordance with article 43 to amend annexes i to iv for the purposes of adapting them to technical progress and facilitating internal market access and free movement for ce marked fertilising products ### the commission shall be empowered to adopt delegated acts in accordance with article 43 to amend annexes iii to iv for the purposes of adapting them to technical progress and facilitating internal market access and free movement for ce marked fertilising products


### manufacturers shall ensure that procedures are in place for ce marked fertilising products that are part of a series production to remain in conformity with this regulation . changes in production method or characteristics of those fertilising products and changes in the harmonised standards , common specifications referred to in article 13 or other technical specifications by reference to which conformity of a ce marked fertilising product is declared shall be adequately taken into account . ### manufacturers shall ensure that procedures are in place for ce marked fertilising products that are part of a series production to remain in conformity with this regulation . changes in characteristics of those fertilising products and changes in the harmonised standards , common specifications referred to in article 13 or other technical specifications by reference to which conformity of a ce marked fertilising product is declared shall be adequately taken into account .


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


### 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 .


### –0 , 5% by mass of total sodium oxide . ### –from 0 , 5% to 5% by mass of total sodium 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 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


### an inorganic macronutrient fertiliser shall be aimed at providing plants with one or more of the following macronutrients : nitrogen , phosphorus , potassium , magnesium , calcium , sulphur or sodium . ### an mineral macronutrient fertiliser shall be aimed at providing plants with one or more of the following macronutrients : primary : nitrogen , phosphorus , and potassium . secondary : magnesium , calcium , sulphur or sodium . the declarable nitrogen content is given by the sum of ammoniacal n , nitric n , ureic n , n from urea formaldehyde , n from isobutylidene diurea , n from crotonylidene diurea . the declarable primary and secondary content is given by the p2o5 , k2o , mgo , cao , so3 , and na2o form . new forms can be added after a scientific examination .


### the ce marked fertilising product shall contain one of the following declared nutrients in the minimum quantity stated : ### the ce marked fertilising product shall contain one of the primary declared nutrients in the minimum quantity stated :


### importers shall indicate their name , registered trade name or registered trade mark and the postal address at which they can be contacted on the packaging of the ce marked fertilising product or , where the ce marked fertilising product is supplied without packaging , in a document accompanying the fertilising product . the contact details shall be in a language easily understood by end - users and market surveillance authorities . ### importers shall indicate their name , registered trade name or registered trade mark , the foreign manufacturer and the country of origin and the postal address at which they can be contacted on the packaging of the ce marked fertilising product or , where the ce marked fertilising product is supplied without packaging , in a document accompanying the fertilising product . the contact details shall be in a language easily understood by end - users and market surveillance authorities .


### powder , where at least 90% of the product can pass through a sieve with a mesh of 10 mm , or ### powder , where at least 90% of the product can pass through a sieve with a mesh of 1 mm , or


### manufacturers shall ensure that ce marked fertilising products are labelled in accordance with annex iii , or where the fertilising product is supplied without packaging , that the labelling statements are provided in a document accompanying the fertilising product and accessible for inspection purposes when the product is placed on the market . the labelling statement shall be in a language which can be easily understood by end - users , as determined by the member state concerned , and shall be clear , understandable and intelligible . ### manufacturers shall ensure that ce marked fertilising products are labelled in accordance with annex iii . where the fertilising product is supplied in a package the information shall appear on a label , which is affixed to the package . however , where the package is too small to contain all the information , some information shall be provided in a separate leaflet accompanying the package . such a leaflet shall be regarded as part of the label . where the fertilising product is supplied without packaging , all information shall be provided in such a leaflet . the information shall be in a language which can be easily understood by end - users , as determined by the member state concerned , and shall be clear , understandable and intelligible .


### –0 , 75% by mass of total calcium oxide , ### –2% by mass of total calcium oxide ,


### contaminants in ce marked fertilising products , such as cadmium , can potentially pose a risk to human and animal health and the environment as they accumulate in the environment and enter the food chain . their content should therefore be limited in such products . furthermore , impurities in ce marked fertilising products derived from bio - waste , in particular polymers but also metal and glass , should be either prevented or limited to the extent technically feasible by detection of such impurities in separately collected bio - waste before processing . ### contaminants in ce marked fertilising products , such as cadmium , if not used correctly , can potentially pose a risk to human and animal health and the environment as they accumulate in the environment and enter the food chain . their content should therefore be limited in such products . furthermore , impurities in ce marked fertilising products derived from bio - waste , in particular polymers but also metal and glass , should be either prevented or limited to the extent technically feasible by detection of such impurities in separately collected bio - waste before processing .


### –3% by mass of total potassium oxide , ### –5% by mass of total potassium oxide , and can contain one or more secondary nutrients in the minimum quantity stated :


### an inorganic macronutrient fertiliser shall be aimed at providing plants with one or more of the following macronutrients : nitrogen , phosphorus , potassium , magnesium , calcium , sulphur or sodium . ### an inorganic macronutrient fertiliser shall be aimed at providing plants with one or more of the following macronutrients : primary : nitrogen , phosphorus , and potassium . secondary : magnesium , calcium , sulphur or sodium . the declarable nitrogen content is given by the sum of ammoniacal n , nitric n , ureic n , n from urea formaldehyde , n from isobutylidene diurea , n from crotonylidene diurea . the declarable primary and secondary content is given by the p2o5 , k2o , mgo , cao , so3 , and na2o form . new forms can be added after a scientific examination .


### 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


### before making a ce marked fertilising product available on the market distributors shall verify that it is accompanied by the eu declaration of conformity and by the required documents , that it is labelled in accordance with annex iii in a language which can be easily understood by end - users in the member state in which the ce marked fertilising product is to be made available on the market , and that the manufacturer and the importer have complied with the requirements set out in article 6 and and article 8 respectively . ### before making a ce marked fertilising product available on the market distributors shall verify that it is accompanied by the required documents , that it is labelled in accordance with annex iii in a language which can be easily understood by end - users in the member state in which the ce marked fertilising product is to be made available on the market , and that the manufacturer and the importer have complied with the requirements set out in article 6 and and article 8 respectively . where the ce marked fertilising product is supplied without packaging , market distributors shall verify that the required information is provided in a documents accompanying the ce marked fertilising product . that information shall also be in a language which can be easily understood by end - users in the member state in which the ce marked fertilising product is to be made available on the market .


### a soil improver shall be a ce marked fertilising product aimed at being added to the soil for the purpose of maintaining , improving or protecting the physical or chemical properties , the structure or the biological activity of soil . ### a soil improver shall be a material added to soil in situ primarily to maintain or improve its physical properties , and which may improve its chemical and / or biological properties or activity .


### a growing medium shall be a material other than soil intended for use as a substrate for root development . ### a growing medium shall be a material other than soil in situ in which plants and mushrooms are grown .


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


### when placing a ce marked fertilising product on the market , the importer should indicate on the packaging of the fertilising product his or her name , registered trade name or registered trade mark and the postal address at which he or she can be contacted , in order to enable market surveillance . ### when placing a ce marked product on the market , the importer should indicate on the packaging of the product his or her name , registered trade name or registered trade mark and the postal address at which he or she can be contacted , as well as the foreign manufacturer and the country of origin of the product in order to enable market surveillance .


### a compound liquid inorganic macronutrient fertiliser shall have a declared content of more than one nutrient . ### a compound liquid inorganic macronutrient fertiliser shall have a declared content of more than one primary nutrient .


### before placing a ce marked fertilising product on the market importers shall ensure that the appropriate conformity assessment procedure referred to in article 14 has been carried out by the manufacturer . they shall ensure that the manufacturer has drawn up the technical documentation , that the ce marked fertilising product is accompanied by the eu declaration of conformity and the required documents , and that the manufacturer has complied with the requirements set out in article 6 and . where an importer considers or has reason to believe that a ce marked fertilising product is not in conformity with the applicable requirements set out in annex i , annex ii or annex iii , he or she shall not place the fertilising product on the market until it has been brought into conformity . furthermore , where the ce marked fertilising product presents an unacceptable risk to human , animal or plant health , to safety or to the environment , the importer shall inform the manufacturer and the market surveillance authorities to that effect . ### before placing a ce marked fertilising product on the market importers shall ensure that the appropriate conformity assessment procedure referred to in article 14 has been carried out by the manufacturer . they shall ensure that the manufacturer has drawn up the technical documentation , that the ce marked fertilising product is accompanied by the eu declaration of conformity and the required documents , and that the manufacturer has complied with the requirements set out in article 6 and . where an importer considers or has reason to believe that a ce marked fertilising product is not in conformity with the applicable requirements of this regulation , he or she shall not place the fertilising product on the market until it has been brought into conformity . furthermore , where the ce marked fertilising product presents an unacceptable risk to human , animal or plant health , to safety or to the environment , the importer shall inform the manufacturer and the market surveillance authorities to that effect .


### before making a ce marked fertilising product available on the market distributors shall verify that it is accompanied by the eu declaration of conformity and by the required documents , that it is labelled in accordance with annex iii in a language which can be easily understood by end - users in the member state in which the ce marked fertilising product is to be made available on the market , and that the manufacturer and the importer have complied with the requirements set out in article 6 and and article 8 respectively . ### before making a ce marked fertilising product available on the market distributors shall verify that it is accompanied by the required documents , that it is labelled in accordance with annex iii in a language which can be easily understood by end - users in the member state in which the ce marked fertilising product is to be made available on the market , and that the manufacturer and the importer have complied with the requirements set out in article 6 and and article 8 respectively . where the ce marked fertilising product is supplied without packaging , market distributors shall verify that the required information is provided in a document accompanying the ce marked fertilising product . that information shall also be in a language which can be easily understood by end - users in the member state in which the ce marked fertilising product is to be made available on the market .


### a straight solid inorganic macronutrient fertiliser shall have a declared content of not more than one nutrient . ### a straight solid mineral macronutrient fertiliser shall have a declared content of one primary nutrient .


### where a distributor considers or has reason to believe that a ce marked fertilising product is not in conformity with the applicable requirements set out in annex i , annex ii or annex iii , he or she shall not make the fertilising product available on the market until it has been brought into conformity . furthermore , where the ce marked fertilising product presents an unacceptable risk to human , animal or plant health , to safety or to the environment , the distributor shall inform the manufacturer or the importer to that effect as well as the market surveillance authorities . ### where a distributor considers or has reason to believe that a ce marked fertilising product is not in conformity with the applicable requirements of this regulation , he or she shall not make the fertilising product available on the market until it has been brought into conformity . furthermore , where the ce marked fertilising product presents an unacceptable risk to human , animal or plant health , to safety or to the environment , the distributor shall inform the manufacturer or the importer to that effect as well as the market surveillance authorities .


### 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 .


### the ce marking shall be affixed visibly , legibly and indelibly to the accompanying documents and , where the ce marked fertilising product is supplied in a packaged form , to the packaging . ### the ce marking shall be affixed visibly , legibly and indelibly to the packaging of the ce marked fertilising product or , where the ce marked fertilising product is supplied without packaging , in a document accompanying the ce marked fertilising product .


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


### - carbon and ### - organic carbon and


### the ce marking shall be affixed visibly , legibly and indelibly to the accompanying documents and , where the ce marked fertilising product is supplied in a packaged form , to the packaging . ### the ce marking shall be affixed visibly , legibly and indelibly to the packaging of the ce marked fertilising product or , where the ce marked fertilising product is supplied without packaging , to the documents accompanying the ce marked fertilising product .


### 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 .


### the declared nutrients nitrogen , phosphorus or potassium , by their chemical symbols in the order n - p - k ; ### the declared nutrients nitrogen , phosphorus or potassium , by their chemical symbols in the order n - p - k ; the declared nitrogen content is given by the sum of ammoniacal n , nitric n , ureic n , n from urea formaldehyde , n from isobutylidene diurea , n from crotonylidene diurea and n from cyanamide . phosphorus fertilisers must fulfil the following minimum solubility levels to be plant - available , otherwise they cannot be declared as phosphorus fertilisers : –water solubility : minimum level 25% of total p , –solubility in neutral ammonium citrate : minimum level 30% of total p , –solubility in formic acid : minimum level 35% of total p .


### a straight liquid inorganic macronutrient fertiliser shall have a declared content of not more than one nutrient . ### a straight liquid inorganic macronutrient fertiliser shall have a declared content of one primary nutrient


### –following five thermal cycles as described under heading 4 . 2 in module a1 in annex iv , ### –following five thermal cycles as described under heading 4 . 2 in module a1 in annex iv , for testing before placing on the market ,


### at global level , to consolidate and support democracy , rule of law and human rights , support civil society organisations , further stability and peace and address other global challenges including migration and mobility ; ### at global level , to consolidate and support democracy , rule of law and human rights , support civil society organisations , further stability and peace and address other global challenges including tackling irregular migration and mobility ;


### member states shall ensure that current and former employees and directors of applicants for immunity from fines to competition authorities are protected from any criminal and administrative sanctions and from sanctions imposed in non - criminal judicial proceedings for their involvement in the secret cartel covered by the application , if these employees and directors actively cooperate with the competition authorities concerned and the immunity application predates the start of the criminal proceedings . ### member states shall ensure that current and former employees and directors of applicants for immunity from fines to competition authorities are protected from any criminal and administrative sanctions and from sanctions imposed in non - criminal judicial proceedings for their involvement in the secret cartel covered by the application , if these employees and directors actively cooperate with the competition authorities concerned and the immunity application predates the time when the employees and directors were made aware by the competent authorities of the member states of the criminal proceedings .


### member states shall ensure that national administrative competition authorities may by decision require undertakings and associations of undertakings to provide all necessary information for the application of articles 101 and 102 tfeu within a specified time limit . this obligation shall cover information which is accessible to the undertaking and association of undertakings . ### member states shall ensure that national administrative competition authorities may by decision require undertakings and associations of undertakings to provide all necessary information for the application of articles 101 and 102 tfeu within a reasonable time limit and insofar as the addressee of the decision does not as a result incriminate itself in respect of an infringement of articles 101 and 102 tfeu . this obligation shall cover information which is in the possession of the undertaking and association of undertakings .


### member states shall ensure that the maximum amount of the fine a national competition authority may impose on each undertaking or association of undertakings participating in an infringement of articles 101 or 102 tfeu should not be set at a level below 10% of its total worldwide turnover in the business year preceding the decision . ### member states shall ensure that the maximum amount of the fine a national competition authority may impose on each undertaking or association of undertakings participating in an infringement of articles 101 or 102 tfeu is set at least at a level of 10% of its total worldwide turnover in the business year preceding the decision . this should not prevent member states from maintaining or introducing a higher maximum level for the fine .


### 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 itself , or a legally distinct entity over which it exercises a control similar to that exercised over its own departments , may provide a port service without any restrictions , provided that the provisions of article 4 of this regulation apply equally to all operators providing the service concerned . in such cases , the provider of the port service shall be deemed , for the purpose of this regulation , to constitute an internal operator . in the cases provided for in article 6 , the managing body of the port or the competent authority may decide either 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 , including an agent employed or commissioned by the managing body of the port or the competent authority .


### 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 .


### port service charges applied by providers of port services which are not designated in accordance with an open , transparent and non - discriminatory procedure entail a higher risk of price abuse given their monopolistic or oligopolistic situation and the fact that their market cannot be contested . the same is true for charges levied by internal operators in the meaning of this regulation . for those services , in the absence of fair market mechanisms , arrangements should be established to ensure that the charges they levy reflect the normal conditions of the relevant market and are set in a transparent and non - discriminatory way . ### port service charges applied by providers of port services which are not designated in accordance with an open , transparent and non - discriminatory procedure and the charges applied by providers of pilotage services , which are not exposed to effective competition , entail a higher risk of price abuse . for those services , in the absence of fair market mechanisms , arrangements should be established to ensure that the charges levied are not disproportionate to the economic value of the services provided and are set in a transparent and non - discriminatory way .


### this chapter and the transitional provisions of article 24 shall not apply to cargo handling services and passenger services . ### this chapter , with the exception of article 10a , and the transitional provisions of article 24 shall not apply to cargo handling services , passenger services and pilotage .


### in order to be open and transparent , the procedure to select the providers of port services and its result should be made public and full documentation should be communicated to interested parties . ### the procedure to choose providers of port services and its result should be made public and should be non - discriminatory , transparent and open to all interested parties .


### the competent authority shall be considered as exercising a control of a legally distinct entity similar to that exercised to its own departments only if it exercises a decisive influence over both the strategic objectives and the significant decisions of the controlled legal entity . ### the managing body of the port competent authority shall be deemed to be exercising a control over a legally distinct entity similar to that exercised to its own departments only if it exercises a decisive influence on both its own and the controlled legal entity’s strategic objectives and the significant decisions relating to the port service concerned .


### 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 determined according to its national ports policy and / or the individual port’s commercial strategy and investment plan and comply with competition rules , where applicable .


### 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 member state or competent authority may provide a port service itself or 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 .


### where the managing body of the port that receives public funds provides port services itself , it shall keep the accounts of each port service activity separate from the accounts of its other activities , in such a way that : ### where the managing body of the port that receives public funds provides port services itself or dredging , it shall keep any public funds received fully transparent and separate from its other activities in the accounting system , in such a way that :


### 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 .


### ‘ waterway access to a port’ means water access to the port from the open sea , such as port approaches , fairways , rivers , sea canals and fjords . ### ‘ waterway access’ means a water body connecting the open sea with the seaport and / or the inland waterways .


### 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 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 used for such a variation shall be relevant , objective , transparent and non - discriminatory . the resulting variation shall in particular be available to all relevant port service users on equal terms .


### 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 nature , structure and the level of port infrastructure charges shall be determined according to national or individual ports policy and / or the individual port’s commercial economic strategy and investment plan and comply with competition rules , where applicable .


### ‘ pilotage’ means the guidance service of a waterborne vessel by a pilot or a pilotage station in order to allow for a safe entry or exit of the vessel in the waterways access to the port ; ### ‘ pilotage’ means the guidance service of a waterborne vessel by a pilot or a pilotage station in order to allow for a safe entry or exit of the waterborne vessel in the waterways access to the seaport or safe navigation within the port ;


### ‘ managing body of the port’ means any public or private body which , whether or not in conjunction with other activities , has as its objective under national law or instruments the administration and management of the port infrastructures , port traffic , the coordination and , where appropriate , the control of the activities of the operators present in the port concerned ; ### ‘ managing body of the port’ means any public or private body which , whether or not in conjunction with other activities , has as its public responsibility assigned under national law or regulations the administration and management of the port infrastructures , port traffic in the seaport in question , the coordination and , where appropriate , the carrying - out , organisation or control of the activities of the operators present in the seaport concerned , and the development of the seaport ;


### ‘ towage’ means the assistance to a waterborne vessel by means of a tug in order to allow for a safe entry or exit of the port by providing assistance to the manoeuvring of the waterborne vessel ; ### ‘ towage’ means the assistance to a waterborne vessel by means of a tug in order to allow for a safe entry or exit of the seaport or safe navigation within the seaport by providing assistance to the manoeuvring of the waterborne vessel ;


### by 1 january 2019 and every ten years thereafter , each member state shall notify to the commission an integrated national energy and climate plan . the plans shall contain the elements set out in paragraph 2 and annex i . the first plan shall cover the period from 2021 to 2030 . the following plans shall cover the ten - year period immediately following the end of the period covered by the previous plan . ### by 1 january 2020 and every ten years thereafter , each member state shall notify to the commission an integrated national energy and climate plan . the plans shall contain the elements set out in paragraph 2 and annex i . the first plan shall cover the period from 2021 to 2030 . the following plans shall cover the ten - year period immediately following the end of the period covered by the previous plan .


### by 15 march 2021 , and every year thereafter , member states shall report to the commission : ### by 31 july 2021 , and every year thereafter , member states shall report to the commission :


### by 1 january 2018 and every ten years thereafter member states shall prepare and submit to the commission a draft of the integrated national energy and climate plan referred to in article 3 . ### by 1 january 2020 and every ten years thereafter member states shall prepare and submit to the commission a draft of the integrated national energy and climate plan referred in article 3 .


### it has notified the commission and the member state in which the broadcaster is established of its intention to take such measures while substantiating the grounds on which it bases its assessment ; ### it has notified the commission of its intention to take such measures while substantiating the grounds on which it bases its assessment ;


### member states shall ensure that audiovisual media service providers provide sufficient information to viewers about content which may impair the physical , mental or moral development of minors . for this purpose , member states may use a system of descriptors indicating the nature of the content of an audiovisual media service . ### member states shall ensure that audiovisual media service providers and video - sharing platform providers effectively provide clear information to viewers , prior to and during programmes as well as before and after any interruption to programmes , about content which may damage or disturb minors and , in particular , impair their physical , mental or moral development . for this purpose , member states shall use a system of descriptors indicating the nature of the content of an audiovisual media service .


### providing for parental control systems with respect to content which may impair the physical , mental or moral development of minors ; ### providing for parental control systems that are under the control of the end - user , with respect to content which may impair the physical or mental development of minors ;


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


### erga has made a positive contribution towards consistent regulatory practice and has provided high level advice to the commission on implementation matters . this calls for the formal recognition and reinforcement of its role in this directive . the group should therefore be re - established by virtue of this directive . ### the erga has made a positive contribution towards consistent regulatory practice and has provided high level and independent advice to the commission on implementation matters . this calls for the formal recognition , reinforcement and further clarification of its coordinating role in this directive . this directive should therefore formalise the role of the erga as an independent expert advisor to the commission and as a forum for the exchange of experiences and best practices between national regulators . the erga should be entrusted , in particular , with a specific advisory role with regard to issues of jurisdiction and the issuing of opinions on union codes of conduct based on co - regulation .


### member states may , in urgent cases , derogate from the conditions laid down in points and of paragraph 3 . where this is the case , the measures shall be notified in the shortest possible time to the commission and to the member state which has jurisdiction over the media service provider , setting out the reasons for which the member state considers that there is such urgency that derogating from those conditions is necessary . ### member states may , if the service provided by a media service provider gravely infringes upon the conditions laid down by points , and of paragraph 2 and in urgent cases , derogate from the conditions laid down in points and of paragraph 3 . where this is the case , the measures shall be notified in the shortest possible time to the commission and to the member state which has jurisdiction over the media service provider , setting out the reasons for which the member state considers that there is such urgency that derogating from those conditions is necessary .


### the liberalisation of product placement has not brought about the expected take - up of this form of audiovisual commercial communication . in particular , the general prohibition of product placement with some exceptions has not created legal certainty for audiovisual media service providers . product placement should thus be allowed in all audiovisual media services , subject to exceptions . ### the liberalisation of product placement has not brought about the expected take - up of this form of audiovisual commercial communication . in particular , the general prohibition of product placement with some exceptions has not created legal certainty for audiovisual media service providers . product placement should thus be allowed in all audiovisual media services , subject to exceptions , as it can create additional income for audiovisual media service providers .


### the daily proportion of television advertising spots and teleshopping spots within the period between 7 : 00 and 23 : 00 shall not exceed 20 % . ### the proportion of television advertising spots and teleshopping spots within a given clock hour between 7 : 00 and 23 : 00 shall not exceed 20 % .


### while this directive does not increase the overall amount of admissible advertising time during the period from 7 : 00 to 23 : 00 , it is important for broadcasters to have more flexibility and to be able to decide when to place advertising in order to maximise advertisers ' demand and viewers ' flow . the hourly limit should thus be abolished while a daily limit of 20% of advertising within the period from 7 : 00 to 23 : 00 should be introduced . ### while this directive does not increase the overall amount of admissible advertising time during the period from 7 : 00 to 23 : 00 , it is important for broadcasters to have more flexibility and to be able to decide when to place advertising in order to maximise advertisers ' demand and viewers ' flow . the hourly limit should thus be abolished between 7 : 00 and 20 : 00 , while a daily limit of 20% of advertising within the period from 7 : 00 to 20 : 00 should be introduced . with a view to protecting consumers from an excessive amount of advertising during prime time , the original limit per hour should continue to apply between 20 : 00 and 23 : 00 . this means that advertising should represent , at most , 20% of each hour within the aforementioned time period .


### member states shall ensure that providers of on - demand audiovisual media services under their jurisdiction secure at least a 20% share of european works in their catalogue and ensure prominence of these works . ### member states shall ensure that , where practical and by appropriate means , providers of on - demand audiovisual media services under their jurisdiction provide at least a 20% share of european works in their catalogue . any financial contribution shall comply with union law , in particular with state aid rules , and shall not negatively affect consumers .


### where , in applying articles 3 and 4 of this directive , the member states concerned do not agree on which member state has jurisdiction , they shall bring the matter to the commission ' s attention without undue delay . the commission may request the european regulators group for audiovisual media services to provide an opinion on the matter within 15 working days from submission of the commission ' s request . if the commission requests an opinion from erga , the time - limits set out in articles 3 and 4 shall be suspended until erga has adopted an opinion . ### where the member states concerned do not agree on which member state has jurisdiction , they shall bring the matter to the commission ' s attention without undue delay . in order to rapidly resolve disputes in instances where two or more member states have listed simultaneously the same service provider under their jurisdiction , the commission shall designate the jurisdiction of the member state applicable to the service provider . the commission may request the european regulators group for audiovisual media services to provide an opinion on the matter within 15 working days from submission of the commission ' s request .


### the market for tv broadcasting has evolved and that there is a need for more flexibility with regard to audiovisual commercial communications , in particular for quantitative rules for linear audiovisual media services , product placement and sponsorship . the emergence of new services , including without advertising , has led to a greater choice for viewers , who can easily switch to alternative offers . ### the market for audiovisual services has evolved and there is a need for more flexibility to ensure a real level playing field for audiovisual commercial communications , sponsorship and product placement . the emergence of new services , including without advertising , has led to a greater choice for viewers , who can easily switch to alternative offers .


### there are new challenges , in particular in connection with video - sharing platforms , on which users - particularly minors - increasingly consume audiovisual content . in this context , harmful content and hate speech stored on video - sharing platforms have increasingly given rise to concern . it is necessary , in order to protect minors from harmful content and all citizens from content containing incitement to violence or hatred , to set out proportionate rules on those matters . ### there are new challenges , in particular in connection with video - sharing platforms , on which users , particularly minors , increasingly consume audiovisual content . in this context , harmful content and hate speech stored on video - sharing platforms have increasingly given rise to concern . it is necessary , in order to protect minors from harmful content and all citizens from content containing incitement to violence or hatred , to set out proportionate rules on those matters without prejudice to directive 2000 / 31 / ec of the european parliament and of the council33a . __________________ 33a directive 2000 / 31 / ec of the european parliament and of the council of 8 june 2000 on certain legal aspects of information society services , in particular electronic commerce , in the internal market .


### establishing and operating systems through which providers of video - sharing platforms explain to users of video - sharing platforms what effect has been given to the reporting and flagging referred to in point . ### establishing and operating transparent , easy to use and effective procedures for the handling and resolution of disputes between the video - sharing platform provider and its users in relation to the implementation of the measures referred to in points to and the extent to which those measures conform with the code of conduct .


### member states shall establish the necessary mechanisms to assess the appropriateness of the measures referred to in paragraphs 2 and 3 taken by video - sharing platform providers . member states shall entrust this task to the authorities designated in accordance with article 30 . ### member states shall establish the necessary mechanisms to report on the delivery and effectiveness of the measures taken in accordance with paragraphs 2 and 2a . member states shall entrust this task to the authorities designated in accordance with article 30 .


### defining and applying in the terms and conditions of the video - sharing platform providers the concepts of incitement to violence or hatred as referred to in point of paragraph 1 and of content which may impair the physical , mental or moral development of minors , in accordance with articles 6 and 12 respectively ; ### applying in the terms and conditions of the video - sharing platform providers the concepts and definitions adopted by the member states of incitement to violence or hatred as referred to in point of paragraph 1 and of content which may impair the physical , mental or moral development of minors , in accordance with articles 6 and 12 respectively ;


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


### video - sharing platform providers or , where applicable , the organisations representing those providers in this respect shall submit to the commission draft union codes of conduct and amendments to existing union codes of conduct . the commission may request erga to give an opinion on the drafts , amendments or extensions of those codes of conduct . the commission may give appropriate publicity to those codes of conduct . ### video - sharing platform providers or , where applicable , the organisations representing those providers in this respect shall submit to the commission draft union codes of conduct and amendments to existing union codes of conduct . with due regard for the principle of transparency , the commission shall give appropriate publicity to those codes of conduct .


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


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


### in its communication to the european parliament and to the council on better regulation for better results – an eu agenda31 , the commission stressed that when considering policy solutions , it will consider both regulatory and well - designed non - regulatory means , modelled on the community of practice and the principles for better self - and co - regulation32 . a number of codes set up in the areas coordinated by the directive have proved to be well designed , in line with the principles for better self - and co - regulation . the existence of a legislative backstop has been considered an important success factor in promoting compliance with a self - or co - regulatory code . it is equally important that the codes establish specific targets and objectives allowing for the regular , transparent and independent monitoring and evaluation of the objectives aimed by the codes . graduated sanctions which maintain an element of proportionality are usually considered to be an effective approach in enforcing a scheme . these principles should be followed by the self - and co - regulatory codes adopted in the areas coordinated by this directive . __________________ 31 com 215 final . 32 https : / / ec . europa . eu / digital - single - market / communities / better - self - and - co - regulation ### in its communication to the european parliament and to the council on better regulation for better results – an eu agenda31 , the commission stressed that when considering policy solutions , it will consider both regulatory and well - designed non - regulatory means , modelled on the community of practice and the principles for better self - and co - regulation32 . a number of codes set up in the areas coordinated by the directive have proved to be well designed , in line with the principles for better self - and co - regulation which may constitute a useful additional or complementary means for legislative action . the existence of a legislative backstop has been considered an important success factor in promoting compliance with a self - or co - regulatory code . it is equally important that the codes establish specific targets and objectives allowing for the regular , transparent and independent monitoring and evaluation of the objectives aimed by the codes . graduated sanctions which maintain an element of proportionality are usually considered to be an effective approach in enforcing a scheme . these principles should be followed by the self - and co - regulatory codes adopted in the areas coordinated by this directive . __________________ 31 com 215 final . 32 https : / / ec . europa . eu / digital - single - market / communities / better - self - and - co - regulation


### to cooperate and provide its members with the information necessary for the application of this directive , in particular as regards articles 3 and 4 thereof ; ### cooperate and provide its members with the information necessary for the application of this directive , in particular as regards articles 3 , 4 and 7 thereof ;


### there are new challenges , in particular in connection with video - sharing platforms , on which users - particularly minors - increasingly consume audiovisual content . in this context , harmful content and hate speech stored on video - sharing platforms have increasingly given rise to concern . it is necessary , in order to protect minors from harmful content and all citizens from content containing incitement to violence or hatred , to set out proportionate rules on those matters . ### there are new challenges , in particular in connection with video - sharing platforms , on which users - particularly minors - increasingly consume audiovisual content . in this context , harmful content and hate speech stored on video - sharing platforms have increasingly given rise to concern . whilst the arbitrary removal of such content , being often dependent on subjective interpretations , can undermine the freedom of expression and information , it is necessary to protect minors from harmful content and all citizens from content containing incitement to , inter alia , violence , hatred or terrorism . it is also necessary to encourage video - sharing platforms to put in place voluntary measures on those matters , in line with national and union law and in accordance with regular guidelines issued by authorities , and without prejudice to articles 14 and 15 of directive 2000 / 31 / ec of the european parliament and of the council1a . the most harmful content , such as gratuitous violence and pornography , should be subject to the strictest measures . ______________________ 1adirective 2000 / 31 / ec of the european parliament and of the council of 8 june 2000 on certain legal aspects of information society services , in particular electronic commerce , in the internal market .


### defining and applying in the terms and conditions of the video - sharing platform providers the concepts of incitement to violence or hatred as referred to in point of paragraph 1 and of content which may impair the physical , mental or moral development of minors , in accordance with articles 6 and 12 respectively ; ### specifying the characteristics of and applying in the terms and conditions of the video - sharing platform providers the concepts of incitement to violence or hatred as referred to in point of paragraph 1 and of content which may impair the physical or mental development of minors , in accordance with articles 6 and 12 respectively ; member states shall ensure that measures based on terms and conditions are only permitted where national procedural rules provide a possibility for users to assert their rights before a court after learning of such measures ;


### certain widely recognised nutritional guidelines exist at national and international level , such as the who regional office for europe ' s nutrient profile model , in order to differentiate foods on the basis of their nutritional composition in the context of foods television advertising to children . member states should be encouraged to ensure that self - and co - regulatory codes of conduct are used to effectively reduce the exposure of children and minors to audiovisual commercial communications regarding foods and beverages that are high in salt , sugars or fat or that otherwise do not fit these national or international nutritional guidelines . ### member states should be encouraged to ensure that self - regulation and co - regulation , including codes of conduct are used to effectively minimise the exposure of children and minors to audiovisual commercial communications regarding foods and beverages that are high in salt , sugars or fat or that otherwise do not fit national or international nutritional guidelines , such as the ones developed in the framework of the commission ' s platform for action on diet , physical activity and health and the who regional office for europe ' s nutrient profile model . self - regulation and co - regulation should contribute to this objective .